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NED University of Engineering & Technology

Department of Environmental Engineering


Session 2009-2010

EN-508 (09) – Environmental Impact


Assessment
Class: Saturday
Instructor: Muhammad Saleem
E-mail: i_am_saleem@yahoo.com
Catalog Data: Purpose and Aims of EIA, Basic Concepts of
Environmental Issues and Priorities, Environmental Laws and
Regulations in Pakistan, Pak-EPA Standard Guidelines for the
Preparation and Reviews of Environmental Reports, Framework for
Environmental Assessment as Recommended by International Agencies,
Public Involvement,
Involvement Screening, Scoping, EIA Methods and
Techniques, Mitigation Measures, EIA Reporting, Review of EIA
Quality, Decision Making, Environmental Management Plan and
Monitoring, Case Histories and Case Studies. 1
Text Book:
”Environmental Impact Assessment” by A. K. Shrivastava, APH Publishing
Corporation, New Delhi, 2007.
Reference Books:
1. “Environmental Impact Assessment” by P. R. Trivedi, APH Publishing
Corporation, New Delhi, 2004. 2.
2. Any relevant book

Points-Distribution:
• Assignments 5
• Quizzes/test 8
• Midterm 10
• Mini Project & Presentation 7
• Final 70
Total: 100 2
EN-508: Environmental Impact Assessment

Lecture # 6

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EN-508: Environmental Impact Assessment

Public Involvement in the EIA


Process

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EN-508: Environmental Impact Assessment

It may
results in

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EN-508: Environmental Impact Assessment

Or may be

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EN-508: Environmental Impact Assessment

Oh!!!!!

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EN-508: Environmental Impact Assessment
PUBLIC PARTICIPATION:

• One purpose of environmental impact statements (EISs)


is to include the public in an agency’s decision making
process.
• If agencies making decisions that affected the
environment with little or no input from the public, and
with no disclosure to the public such action may be
challenged in the law.

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EN-508: Environmental Impact Assessment
How to involve public?
• There are several ways by which the public can be
included in an agency’s EIS process –
• through public meetings and hearing,
• scooping notices,
• review of Draft and final EISs, and
• agency decision notices.

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EN-508: Environmental Impact Assessment

How much time for public?


• The EQ regulations require a public
scooping for EISs but do not state how
long the scooping process should last.
• Many agency’s allow at least 3 weeks for
public scooping, but actual amount of time
will be specified in a scooping notice or
notice of indent to prepare an EIS.

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EN-508: Environmental Impact Assessment
How much time for public?
• The public may also be involved in the review
of a Draft EIS. (usually available on website)
• The EQ and state EIS regulations specify the
minimum amount of time that Draft EISs must
be available for public review.
• A public hearing on a Draft EIS is optional, or
only required if a certain number of people or
certain types of agencies request the hearing,
• Some agencies may hold a hearing to take a
verbal comments on a Draft EIS without
request. 11
EN-508: Environmental Impact Assessment
When public should be informed. Notification

• Public notification takes place concurrently with, but


more frequently than, public involvement.
• ‘Scoping’ notifies the public that a proposed action is
being considered by a lead agency;
• a ‘threshold determination’, such as a negative
declaration or finding of “no significant impact” notifies
that the lead agency is determined that a proposed
action will not result in significant environmental impacts.

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EN-508: Environmental Impact Assessment
When public should be informed.
• a “notice of availability of a Draft EIS” notifies
the public that a Draft EIS is available and
public may comment on the Draft EIS;
• a ‘notice of availability of Final EIS” notifies the
public that a Final EIS has been prepared and
is available; and
• a “record of decision” notifies the public that the
lead agency has made a decision on a
proposed action.

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Notification

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EN-508: Environmental Impact Assessment

WHEN PUBLIC PARTICIPATION?

• Lead agencies must provide involvement and public


notification as part of an EIS process.
• Public involvements require time, preparation, and
budget.
• There are no guidelines on how much public involvement
is adequate or how much is considered maximum, but
there are some guidelines on when, in the EIS process,
pubic involvement is required.
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EN-508: Environmental Impact Assessment
WHEN PUBLIC PARTICIPATION?
• These times for public participation are
1. at the start of the EIS process
(scooping) and
2. during the review of a Draft EIS.
• Generally, if any agency provides the
required public involvement, it is considered “adequate”.

• The public may respond to an agency’s public notice. For


example, disagree with an agency’s threshold
determination. 16
EN-508: Environmental Impact Assessment
SCOPING:
• A scooping process invites the public to tell a lead
agency what the public thinks should be addressed in an
EIA.
• The public’s concerns about a proposed project or action
• – its potential environment impacts related to the
project’s location, construction, design and operation
• – help a lead agency focus its analyses on the topic
of most concern and on the potentially significant
environment impacts.

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EN-508: Environmental Impact Assessment

SCOPING:
• Public may provide their list of possible environmental
issues to a lead agency to include in an EISs scope.

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EN-508: Environmental Impact Assessment
THRESHOLD DETERMINATION:
• Scoping will also help an agency to make its ‘threshold
determination’ of whether a purpose action will result in
significant environmental impacts and, therefore,
whether an EIS will be required or not.
not
• If an agency has already decided that an EIS is
necessary, the threshold determination has been made
and there is not need for the public to help making the
determination.

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EN-508: Environmental Impact Assessment
REVIEW OF DRAFT EISs:
• A draft EIS is “published”, “circulated”, “distributed”, or
“issued” for public review. The lead agency will prepare a
mailing list consisting of
1. those who have requested a copy of the Draft
EIS,
2. individual groups, and organizations, who are
known to be interested in or potentially
affected by a proposed action, and
3. agencies, who have jurisdiction affected by law or
expertise.
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EN-508: Environmental Impact Assessment
REVIEW OF DRAFT EISs:

• Copy of the Draft EIS is usually sent to public libraries


and other public offices as well.
• If a Draft EIS is large, summaries may be sent to some
addresses in lieu of an entire document.
• EIS regulations prescribe minimum public review periods
for Drafts EISs that range from 30 days (provincial) to 45
days (federal).

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EN-508: Environmental Impact Assessment
Purpose of Review of draft EISs:
• The purpose for public review of a Draft EIS is similar
to the purpose for public scooping

to provide comments to a lead agency regarding the


Draft EIS.
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EN-508: Environmental Impact Assessment
Purpose of Review of draft EISs:
Comments from public should relate to the analysis in the
Draft EIS such as:
• The appropriateness of the study area – whether the
potentially affected areas were included in the analysis.
• The significant issues addressed in the Draft EIS –
whether they are identified and adequately analyzed.
• The range alternatives –whether an appropriate array of
alternatives to the proposed action were presented and
evaluated.
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EN-508: Environmental Impact Assessment
Purpose of Review of draft EISs:
• The range of mitigation measures – whether mitigation or
potential environmental impacts were adequately
identified and evaluated
• The data used in the analysis – whether the conclusions
in the analyses were supported by appropriate and
accurate data
• The methodology – whether the methodology and
approach in the analyses were appropriate for the
technical issues addressed in the Draft EIS
Agencies should request the public to provide their comments
with rationale. 24
EN-508: Environmental Impact Assessment
PUBLIC PARTICIPATION TO WHAT EXTENT?
• A formula does not exist for how much public
involvement need to be provided for an EIS process.
• A minimum amount may be defined by the EIA
regulatory authority. This minimum time is necessary if
a proposed action is highly controversial, if it has safety
or health risk, or if the environmental effects are
uncertain or unknown.

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EN-508: Environmental Impact Assessment
PUBLIC PARTICIPATION TO WHAT EXTENT?
• Note:
Note Since judicial review may include compliance with
the intent of the law as well as the procedural
requirements of the law, and controversial or risky
proposals are likely to be challenged in court, the lead
agency and project proponent should not limit public
involvement to the minimum level

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EN-508: Environmental Impact Assessment

METHODS FOR INVITING THE PUBLIC AS


PARTICIPANTS
 The most common methods for involving the public in the
EIS process through meetings, hearing and
correspondence.
 Many agencies have procedures established for public
involvement, including the preparation of the public
involvement plan.

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EN-508: Environmental Impact Assessment
METHODS FOR INVITING THE PUBLIC AS
PARTICIPANTS
The discussion with the public depends on various
factors:
• The agency’s objectives for public involvement
• Type of proposed action
• The affected area
• Known public concerns or issues related to the area or
proposed action
• The amount of time and budget available for public
involvement
Whatever public involvement methods or techniques
chosen, do not lose sight of the fact that the process
is for an EIS and not for a traditional planning 28
process.
EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
 To determine how to use public input, one must first
understand that public input is often based on personal
values and perceptions.
 Agency personal also have values and perceptions that
are a result of their background, training, and the
mission of the agency.
 An EIS process is sometimes viewed as an opportunity
for the citizens, groups, and agencies to be heard by the
lead agency and to provide input such as:

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EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
• Past grievances against the lead agency or project
proponent
• Disagreement regarding agency’s polices unrelated to
the proposal
• Objectives to a proposal on
moral grounds (e.g., bribing,
anti gambling, anti-military).

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EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
The majority of the public comments on a proposal or
EIS are from citizens, agencies, or groups who are
opposed to a proposal under evaluation in an EIS.
Oppositions can be based on a wide variety of
perceived threats to
• Jobs, business, property value
• Security of home and family
• Health or safety
• Quality of life
• Environmental values
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EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
 Sometimes public just resist because they don’t
want the change and feel the change as a threat.
 Generally, an overwhelming majority of public
comments on any EIS are negative.
 Most people who are supportive of a proposal, or
who have no feelings one way or the other, will not
take the time to attend meetings, write letters, or
review EISs.
 They usually observe silently from the sidelines.

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EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
 The public some times does not understand the purpose
for their involvement in an EIS process.
 Because they are asked to “provide input” or “provide
comments,” they assume that their comments will be of no
use whether they are in support of or against a proposed
project.
 If lead agency is to receive useful comments, the agency
must explain a number of things, such as;
• How important is the public involvement.
• What is public’s role in the process, and what
members of the public have been invited to participate.
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EN-508: Environmental Impact Assessment
HOW TO USE PUBLIC INPUT
• How the public’s comments will assist the lead
agency in making its decision.
• What types of input the lead agency is seeking (e.g.,
suggestions for possible mitigation measures,
specific comments on the facts on the EIS such as
errors or omissions).
• Differences between the
public’s and other (agency
or proponent) in the EIS
process.
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EN-508: Environmental Impact Assessment
HOW TO CONDUCT PUBLIC HEARINGS OR
MEETINGS
 The purpose of the public hearings or meetings is to
allow public to make verbal comments regarding EIS and
the proposal under evaluation on an EIS.
 The focus of the hearing or meeting should be on the
EIS process not on approval of proposal.
 Public hearings or meetings are held at various points
within an EIS process, most commonly during public
scoping and during public review of a Draft EIS.
 Additional meetings may be held by a lead agency
depending on the agency’s public involvement, policies
or public involvement-plant for a particular proposal. 35
EN-508: Environmental Impact Assessment
HOW TO CONDUCT PUBLIC HEARINGS OR
MEETINGS
Public hearing are more formal than public meetings.
meetings
A hearing may have
 a public official who presides over the hearing,
 ground rules on how the hearing will be conducted,
 a speakers microphone and podium, and
 a court reporter or tape recording of the
proceedings, or both.

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EN-508: Environmental Impact Assessment
HOW TO CONDUCT PUBLIC HEARINGS OR
MEETINGS
Ground rules,
 to provide everyone with an opportunity to speak,
 including how speakers will be called to speak,
 how speakers are to identify themselves, and
 how much time speakers have to make their
comments.
Note: Speakers are invited for comment, but not ask
questions unless the question is for clarification of the
hearing’s procedures or the EIS process.
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HOW TO ARRANGE PUBLIC MEETINGS


• A plan should be prepared if there will be multiple
meetings, or the meetings will be large.
• The project manager or the team leader usually make
arrangements for the meeting locations, time,
equipment and supplies, and people needed to run the
meetings (e.g., speakers, specialists, audio-visual
specialists).

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EN-508: Environmental Impact Assessment
HOW TO ARRANGE PUBLIC MEETINGS
The following are the considerations when planning for a
public meeting:
 Where should meetings be held – what cities or towns?
 At
Select locations that are central for the most people.
 How many people are expected to attend? the
site
 When should the meetings held (time)? The time should
be when the most people are likely to attend, or when
they are less likely to have other competing obligations
or interests.

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EN-508: Environmental Impact Assessment
HOW TO ARRANGE PUBLIC MEETINGS
 Who form the EIS team will attend the meetings? Who
those people be available on the dates and times of the
meetings?
 Will visual aids be used at the meetings? If so, what
type of visual aids will be used and who will prepare
them?
 After meeting arrangements have made, the public must
be notified for the meeting.
 The public should receive at least two weeks notice prior
to a scheduled meeting.
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EN-508: Environmental Impact Assessment
IMPORTANCE OF MEETING FACILITATORS
A meeting requires facilitators, someone who sets the tone
for the meeting, introduces agency representatives or
consultants and explains their roles in the meeting,
explain the meeting procedures, and manages the
meeting. The facilitator will tell participants;
 How much time they will have to make their comments
(usually 3 to 5 minutes depending on the number of
people who wish to speak and the umber of hours
available for the meeting).

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EN-508: Environmental Impact Assessment
IMPORTANCE OF MEETING FACILITATORS
 How they will be called to speak.
 Whether they will come to the front of the room to
microphone (some meeting facilities have remote or
portable microphone that do not require speakers to
leave their sets).
 To whom they are to direct their comments (usually to
the decision maker who is sitting at the front of the
room).
 How the speaker will be notified that this or her time is
about to elapse (the facilitator may have a stopwatch).
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EN-508: Environmental Impact Assessment
THE MEETING PLACE

 At the proponent place


 At the decision making agency place
 At the consultant place or
 At the concerned public place

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UNDERSTANDING AND WORKING WITH
IRATE CITIZENS
 If you are the person designated as the contact for public
enquiries regarding an EIS, you may have to deal with
irate citizens during the EIS process.
 What are their concerns? You may only know part of
them, or you may be making incorrect assumptions, so
even if you have some preliminary ideas, the first step is
to listen.
listen
 If possible, provide solutions, but if you don’t know
answers to questions or problems, tell the person you
don’t know. 44
EN-508: Environmental Impact Assessment

PUBLIC INVOLVEMENT

In brief public involvement is very important but!


It is not so easy

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Final Comments:
Studies showed that people with higher levels of income
and education are able to participate more effectively
because they have greater access to professional
information and representation. It appears that they
may also have an advantage due to a higher level of
professional confidence, the ability to write more
professionally and coherently and therefore present a
better argument and because they seem to have a
greater knowledge or access to people who do. This
results in an unequal ability to participate and protect
oneself from undesirable development between the
"haves" and the "have not”. 46
Environmental Impact Assessment

• END of Lecture

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