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EIA Policies & Methodologies in IWRM

Incorporation of Environmental and Socio-Economic Aspects in IWRM

March 8-11, Cairo

Presented by:

Prof. Sameh Afifi

UNDP/RBAS Water Governance Programme for Arab States (WGP-AS)

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Contents of Presentation

The Role Of EIA in IWRM EIA and legislation Challenges Example Case

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Fact Water scarcity in the Arab region, coupled

with the level and pace of socio-economic advancement in several countries has important implications for the efficacy with which legislature and institutional regimes are developed and applied for the promotion of environmental management.

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Consequences The imperatives of rapid social and

economic development could influence the political will to initiate, implement and enforce appropriate environmental policies and laws.

These development imperatives often circumscribe the limits of resources available for environmental protection.

Water management agencies would implement and operate projects under severe and reduced supply.

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Consequence (continued) The relatively low level of public

awareness, particularly environmental awareness as well as lack of awareness on water human rights provide little to trigger a sense of urgency and resolve for political and legislative action for environmental management for sustainable development

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Role of EIA Numerous Short- and Long- Term Water

Strategies in the attempt of satisfying basic social needs could very well override even basic environmental considerations.

Environmental damage can be avoided or reduced by implementing proper EIAs so as to ensure that development initiatives and their benefits are sustainable

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Role of EIA in IWRM Taking environmental considerations into

account in development water projects does not imply that the pace of socio-economic progress will be slowed down, and taking environmental considerations into account in the various phases of the projects cycle must not be seen as placing undue constraints on a country's development options.

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For A Water Resources Development Project, an EIA is required prior to project execution. The following steps shall be considered:

1. Legislation Register

2. Project Description

3. Site Characterization

4. Impact Assessment & Mitigation Levels

5. Monitoring during and after execution

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Analysis of EIA legislation

1. Scope of legal regulation

requirements; level of government; identification of projects.

2. Institutional aspects

authorized agencies and their respective powers and functions.

3. Procedural aspects

Communication procedures and time tables; reporting requirement; consideration of alternative and mitigating parties; public participation; review; decision making; appeals; transboundary impacts; monitoring and assessment.

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1- Example LEGISLATION REGISTER

ID Subject Detail Regulatory Body

Legislation / Guidelines

Conditions of Legislation

A&I Register X -ref

1 Discharges

Organic Compound

s & Chemicals

EEAA (Egyptian

Environmental Affair Agency)-

IMO

# Law 4/94 and its executive

regulation 338/95

# Marpol convention 73/78

Prohibit discharge tomarine environmentaccept in compliancewith Article 49 to 59of the env. law 4/94and Articles 50 to 53and the limits inAnnex (1) and Annex(10) in executiveregulation 338/95,which are incompliance withMarpol convention

2 Water Boundari

es

Transboundary Issues

Operational Discharges

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Example Applicable laws in Egypt:

- Law 4 (Environmental Protection Law)

- Executive Regulations 338/95

- Law 59/60 (Radio Active Material Law)

- Decree 44/2000 (Discharge to sewer system)

- Law 48/82 (Nile River Protection)

- Marble Convention 73/78

- UN Framework Convention on Climate Change

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Example Applicable laws in Sudan:

LAW YEAR AUTHORITY

Environment Protection Act 2001 Ministry of Environment and Physical

Development

Regulations for Protection of the

Environment in the Petroleum Industry

2002 Ministry of Energy and Mining

Ministry of Environment and Physical Development

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Ref Law Name Definitions Comments

Law 15/2003 (1371 P.B.)

Protecting and Improvement of the Environment

Environmental Protection Law

The law is replacement for Law 7/1982 "Protection of Environment" as per article 78 of law 15/2003

Executive Regulation

of Law 15/2003

Executive Regulation of Law 15/2003

Environmental Protection Law

The law is replacement for excutive regulation of Law 7/1982 "Protection of Environment" as per article 78 of law 15/2003

Law 7/1982 Protection of EnvironmentOld Environmental Protection Law

The law is superseded by law 15/2003

Decision 386/1998

Executive Regulation Regulation of 7/1982

Executive regulation of old Env. Protection Law

The law is superseded by law 15/2003

Law 8/1973 Preventing Seawater Pollution with Oil

Law for protection of marine environment

 

Law 2/1982 and its

executive regulation

Regulation of Ionized Radiation use and Protection against Risks

Law for Dealing with Radioactive Materials

Issued by Atomic Energy Authority

Decision 34/2000

(1430 P.B.)

Law of Specifying the Chemicals requiring Permission and Release

Law for Chemical Management

Issued by General Authroity for Environemnt

Law 13/1984Rules related to Public SanitationLaw for dealing with Sewers

 

Executive regulation

of Law 13/1984

Provisions relevant to Street Cleaning

Cleanness Law  

Example Applicable laws in Libya:

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EIA Preliminary activities Impact identification Baseline study Impact evaluation Assessment Documentation Decision making Post Audits

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EIA for Transboundary WatersMajor concern Priority IssueI: Freshwater shortage

1. Modification of stream flow2. Pollution of existing supplies3. Changes in the water table

II: Pollution MicrobiologicalChemicalSuspended solidsSolid wastesThermalRadionuclideSpills

III: Habitat and community modification

Loss of ecosystems or ecotonesModification of ecosystems or ecotones, including community structure and/or species composition

IV: Unsustainable exploitation of fisheries & other living resources

Over-exploitationExcessive bycatch and discardsDestructive fishing practicesDecreased viability of stock through pollution and diseaseImpact on biological and genetic diversity

V: Climate change

Changes in hydrological cycle and ocean circulationSea level changeIncreased UV-B radiation as a result of ozone depletionChanges in ocean CO2 source/sink function

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Challenges Approach - shifting focus from projects

proponent to people affected - both beneficially and adversely.

Adequacy and clarity of EIA scheme. Reliability of information/data. Adequacy of methods for assessing

impacts and placing appropriate weight on negative environmental impacts in relation to developmental factors.

Resource capabilities.

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Advancement of EIAs

Provisions related to EIA began appearing in developing countries' legislation during the 1970s.

Throughout the 1980s, more countries decided to establish EIA as an element of environmental policy and a legal requirement for proposed development activities.

Since 1990 the pace of legislative activity on environmental issues has quickened and the number of Arab countries with EIA legislation has increased significantly.

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Case Studies of Failing EIA Building Water Denver Water Utility

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• 1500s occupied by Indian Apache• 1890s short term camp by US Army

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• 1940s after Pearl Harbour attack, land chosen for chemicalWeapon production plant

"It is fully recognized that the best insurance against an attack by chemical

agents lies not only in gas masks and protective clothing but also in the ability

to retaliate immediately".

WGP-ASIn March 1954, while the Soviet Union was tightening its grip on the "Iron Curtain," the Denver Post quoted an Arsenal spokesman

who announced that RMA "is working round the clock, seven days a week in full production of a weapon as deadly as the atomic bomb and

as frightening...GB nerve gas." This deadly chemical agent was produced at the North

Plants in a secret installation constructed between 1951 and 1953.

1954 Soviet threat

Shell Chemical Company leased several buildings from the Army in 1952. Though many of the contaminants generated at the Arsenal were the direct result of military production

and demilitarization programs, a significant portion were the byproducts of Shell's manufacturing efforts (DDT)

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1960s, deactivated bomb fuses, however, NG production continued.

Emphasis on modernization of U.S. non-nuclear war materials was

reflected in the tremendous increase in weapons contracts at the Arsenal

in the mid-1960s

1964 ,officials of Shell and RMA announced plans to end pesticide

contamination in industrial lakes at the Arsenal .

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*1962 ,pumping well would eventually pump approximately 175 million gallons of treated waste material to a depth of more than 12,000 feet into the earth.

*1965 ,Denver Post, "Deep well pumping at Rocky Mountain Arsenal [may] be responsible for the Denver area earthquakes "...

*The development of powerful rocket propellants consumed a large portion of the Arsenal's production efforts throughout the decade, culminating in man's first walk on the

moon in 1969. Such liquids were very hazardous

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1970s and up, cleaning the mess

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Effect ofPumping Well

Effect ofRecharge Wells

Reverse Gradient

BarrierWall GW Flow

GW Flow

Cross SectionView

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Rocky Mountain Arsenal

Wild Life

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ESIA in IWRM

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Anaheim Recharge Pond

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Thank you for your attention…