Environmental Impact Assessment (EIA

2'eSOEL~eS ELSEVIER Resources, Conservationand Recycling 16 (1996) 335-349 s conservation and r e ~ g Environmental impact assessment (EIA) Samom Muttamara Environmental Engineering Program, Asian Institute of Technology, Bangkok, Thailand Abstract The National Environment Board (NEB) has developed a national framework on Environmental Impact Assessment (EIA) process, requires the proponents of projects which fall into certain categories and magnitudes to submit a report concerning the study, and measures for the prevention of and remedy for the adverse effects on environmental quality. The governmental EIA process and approval procedure for public and private sectors are graphically presented in this paper. Keywords: National environmentboard; Environmental impact assessment; Environmentalquality 1. Current state of EIA in Thailand Environmental management in Thailand began with the enactment of the National Environmental Quality Act (NEQA) and the establishment of the National Environment Board (NEB) in 1975. The office of the National Environmental Board (ONEB) included a Division of Environmental Impact Evaluation (DEIE) charged with the responsibility for developing EIA procedures for Thailand. The developed procedure is called 'Environmental Impact Evaluation' (EIE). In order to assist the project proponent whose projects require EIE, ONEB has published the Manual of NEB Guidelines for Preparation of Environmental Impact Evaluation. The manual includes several guidelines, each dealing with a particular aspect of EIE: • General guidelines for the preparation of Environmental Impact Statement (EIS). Supplemental EIS guidelines for specific projects. • Guidelines for preparation of Initial Environmental Examination (IEE). • Guidelines for preparation of terms of reference for preparation of EIS. The outcome of an EIA is usually in the form of a formal document. There are a variety of names throughout the world, although the term EIS is most widely used. In Thailand, the EIS is divided into two complimentary sub-reports, namely: the Initial Environmental Examination (IEE) and the Environmental Impact Statement (EIS). 0921-3449/96/$15.00 © 1996 Elsevier Science B.V. All fights reserved SSDI 0921-3449(95)00065-8 336 S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 IEE is used for project screening to determine which projects require EIS. The IEE assesses the potential environmental effects of a proposed project, done within a limited budget, based on information at hand or readily available or on the professional judgment of one who is knowledgeable about impacts from similar projects. If the IEE results are positive, EIS is not required, then any necessary environmental management ~) Proponent |ubmlts proposed project bale! to DEIE/NEB or (c-ll DEIE makes field reconnaissance end preliminary ----.~ I literature survey for preparation of lEE J (c-2) DEIE Prepares I lEE I either Project proponent prepares lEE and ~ submit to DEIE/NEBi (b-2) DEIE reviews - lEE not approved I (d) NEB decision on whether project EI$ Is required approved - - ~ yes DEIE preparation and submittal of TOR to Project developer DEIE reviews EIS for 1 complaisance, accuracy, arc.Field evaluation of projected impacts, propoaed mitigation measures, and monitoring program I EIS I incomplete I EIS a p p r o v e d by NEB (,)1 (g) (h) submit EIS to DEIE I Project proponent prepares EIS based on TOR (i) 'I DEIE review cells for additional Information ~ return to proponent r for rev • on I Project approved DEIE may request a monitoring pro|lrem I I (It) I NEB gives project go-head & project Implemented I OEIE field spot checks of implementation st environmental • 1 protection, mitigation end wI enhancement measures in EIA Including monitoring program I NEB evaluation of me i effectiveness of the ] above [ Fig. 1. Sequence o f action o f EIA in Thailand. s. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 337 parameters such as e n v i r o n m e n t a l protection m e a s u r e s or a m o n i t o r i n g program can be prescribed. O n the other hand, if IEE studies indicate negative results, a full-scale EIS is required. In this case, IEE is used as a m e c h a n i s m to identify key issues that merit full analysis in the EIS and designate those that deserve only m i n o r discussions. It m a y also identify other e n v i r o n m e n t a l review and consultation requirements so that other required analysis or studies can be prepared concurrently with EIS. EIS is an e n v i r o n m e n t a l m a n a g e m e n t tool which ensures that the d e v e l o p m e n t projects can proceed without highly adverse impact on the e n v i r o n m e n t by thorough investigation. The sequence for E I A process in T h a i l a n d is presented in Fig. 1. Table I ER/V arranged according to US Corps of Engineers system of tiers or levels Classification Environmental resource or value (ER/V) Level 1: Physical resources Water resources Surface water: hydrology; quality Ground water: hydrology; quality Air resources Air resources: meteorology (climate); quality (smog, noise, radiation, odors) Land resources Soils: erosion/sediments; fertility; geology/seismology; mineral resources Level 2: Ecological resources Aquatic resources Fisheries Aquatic biology Terrestrial resources Forests (vegetative cover) Terrestrial wildlife Endangered (rare) species Endangered species Level 3: Human use values Water supply Water supply Highways/railways Transportation Navigation Agriculture Agricultural development: aquaculture; irrigation; reforestation Flood control/drainage Flood control/drainage Power Power: generation; transmission Recreation Recreation Mining Mining Industries Industries: manufacturing; agro-industries; mineral processing Land uses Land uses: dedicated area uses Level 4: Quality of life values Socio-economic Human ecology Resettlement Public health Public safety Economic and social structure Institutional Cultural Historical Areheological Aesthetics Recreation Aesthetics Source: [1]. S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 338 e- g o "~, ~ e. 0 i ?e > -o~o ~ ~ .-~ - o oO S. Munamara / Resources, Conservation and Recycling 16 (1996) 335-349 339 1.1. General guidelines for the preparation of Environmental Impact Statements These are applicable for all types of projects regardless of their type or nature (refer Table 5). The specific objectives of the EIS are as follows: • To identify and describe environmental resources and values ( E R / V ) which will be affected by the project under existing or non-existing conditions. • To describe either negative and positive impacts or short- and long-term effects of the project on the E R / V . • To describe alternatives to the proposed project which could accomplish the same results desired by the project developer, with a different set of environmental effects. A general approach adopted by ONEB is to review, item by item identification of the resources or values and effects of the project on E R / V . The guidelines have been Table 3 ER/V of primary importance by type of region Environmental Type of region resource/value urban coastal rural river forest/hill sector area areas valleys areas x x x x x x x Aesthetics Agriculture Air resources x Aquatic biology x Archaeology Cultural x x Fisheries Flood control/drainage x x x Forests/watershed x x x x x x Geology/seismology Ground water x x Industrial development x x Land uses x x x x x x x x x Mineral resources x Navigation x x Power x x x Public health x x x Public safety x Recreation x Resettlement x Sediments/erosion Socio-economics x x x x x x x x x x x x x x x x x x Water quality x x Source: [l]. x x Transportation Water supply Wildlife x x x x Soils Surface water x x x x x x x x 340 S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 prepared based on the methodology developed by the US Corps of Engineers. The E R / V have been arranged in four interrelated groups, namely: (i) (ii) (iii) (iv) physical resources, ecological or biological resources, human use values, and human quality values. Alterations in any one of the groups affect all the other groups systematically. Table 1 lists the E R / V to be taken into account by the project developer in preparing EIS. Table 2 gives an account of the E R / V according to the type of projects. Table 3 indicates E R / V according to various regions of Thailand, i.e., coastal region, urban sector, rural/agricultural sector, river valley areas, and forest/hilly areas. A suggested format for the preparation of EIS is given in Table 4. 1.2. Supplemental EIS guidelines for specific project categories These are supplementary guidelines, in addition to the general guidelines, which are applicable for 17 specified projects, namely: 1) Agro-industries 2) Coastal zone development 3) Dams and reservoirs 4) Dredging and filling 5) Highways 6) Housing projects 7) Human settlements 8) Industrial estates 9) Industries 10) Institutions 1 I) Mining 12) Nuclear power 13) Offshore mining 14) Oil pipelines 15) Ports and harbors 16) Rapid transit projects 17) Thermal power 1.3. Guidelines for preparation of initial environmental examination IEE is a 'first approach' to an EIS study'. It is an initial examination of the environmental effects of a proposed project done with a limited budget. The main objective of IEE is to determine whether a follow-up EIS is necessary or not. Parameters included in the study of IEE are given in both the general guidelines and supplemental guidelines as applied to, for example, any sizable dams or reservoirs or sizable harbors or highway projects. In addition, additional guidelines should be provided for particular projects. Industrial projects: (a) (b) (c) (d) Site selection Adverse impact which cannot be avoided Control of pollution Recycling S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 Table 4 Suggested format for the preparation of EIS Project title 1. Introduction 1.1 Purpose of the report 1.2 Extent of the EIS study 1.3 Outline of the report 2. Description of the project 2.1 Type of project 2.2 Need of the project 2.3 Location (maps) 2.4 Size or magnitude of operation 2.5 Proposed schedule for implementation 2.6 Description of project (drawings, layou0 3. Description of existing environment 3.1 Physical resources 3.2 Ecological resources 3.3 Human and economic development 3.4 Quality of life values (socio-economic, health, aesthetic, etc.) 4. Anticipated environmental impacts and plans for protection 4.1 Item by item review 4.2 Mitigation for adverse effects 4.3 Irreversible/irretrievable commitments of resources 4.4 Temporary effects during project construction 5. Alternatives 6. Monitoring 7. Summary and conclusions Source: [1]. Dams and reservoir projects: (a) Irrigation projects (b) Hydropower projects (c) Review of overall project size and purpose (d) EI~ reference reports for dam and reservoir projects in Thailand Human settlement: (a) (b) (c) (d) (e) Site selection Effects of settlement on natural resources Effects of settlement on existing development Effects of environment on settlement Viability of settlement programs. 341 S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 342 0 o o t~ ~8 ~ ~ o ¢~ "~ 8 ' ~ z ~'~ . F~ ~a .~ .~ .~ "~ "o ~ o ~ ~ ~, ¢, ,. "~ = .~ ~ ~'= ~.~ .~_ "~ ~, o ~. B 0 ¢d, S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 e~ '~ ~.~ ~ "~ o ~ ~ o ~. ~. ~ . ~ -- .2 = ~ ~ << U < ~ .- ~ ~ o ~.0 -- ,- .~ 0! ~ •-- ~o 0 .o e- t" m 343 344 S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 Outline for the preparation of IEE is presented below: 1. 2. 3. 4. 5. 6. Introduction Definition of IEE Parameters included in IEE Extent of work needed Organization of IEE report (a) description of proposed project (b) discussion of probable environmental effects (c) tabulation of initial evaluations (d) conclusions Additional suggestions Tables and figures 1.4. Guidelines for preparation of Terms of Reference (TOR) The TOR is used to describe the requirements for the EIS to be prepared by the agency who is proposing to undertake the project for preparation of Environmental Impact Statement. Assuming an EIS must be prepared for a proposed project, then it is necessary to prepare the Terms of Reference to be used by the implementing agency for issuing to any group or firm interested in preparing a proposal for carrying out the desired EIS study, including preparation of the EIS report. The Terms of Reference incorporate both 4 CABINET I FinalApproval ~'4 Environmental policy, Measures, issues, Planning, EA, etc. Review lEE,EIA 3 NESDB ] Approve Project l Implementation~ l Implementing Agencies Fig. 2. Governmental process on environmental issues. S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 345 the general guidelines and supplemental guidelines as well as specific guidelines pertinent to a particular project. Below is the suggested outline of Terms of Reference for preparation of Environmental Impact Statements for proposed projects. 1. Introduction 1.1. Purpose of Terms of Reference 1.2. Responsibility for preparing EIS report 2. EIS Guidelines 3. Background information 3.1. Specific background studies and reports 3.2. General background studies and reports 4. Specific EIS Guidelines 4.1. Specific environmental effects 4.2. Corrective measures 4.3. Monitoring 4.4. EIS study proposal 4.4.1. Work tasks 4.4.2. Study schedule 4.4.3. Review sessions 4.4.4. Printing or reproduction of EIS reports 4.4.5. Study teams 5. Time constraints 5.1. EIS report 5.2. Proposal for conducting EIS study 6. Budget 7. Outside assistance 8. Additional information ............ t proje= P,opon.n, • " ,L I~apmUonofTOR] Approval of TOR by NEB I R~isionofElA I . inforrns final consideidtibh . . . . . . . . I EIA preperatl°n :No , , NEB reviews EIA not approved j ".. =approved Fig. 3. EIA approval process for public sector projects. 346 S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 Table 6 List of projects or activities Items Types of projects or activities Steps for submission of reports Dam or reservoir Prior to the submission of application for approval to the Cabinet and the project expansion Prior to the Submission of application for approval to the Cabinet and the project expansion 3.1) In case the project does not require approval of the Cabinet, the report must be submitted at the application for approval of construction and the project expansion 3.2) In the case the project requires the approval of the Cabinet, the report must be submitted prior to the approval of the Cabinet and the project expansion 4.1) In the case the project is located within the boundary or area where the Royal Decree on Implementation of the Control of the Construction of Building is enforced, the report must be submitted at the application for approval of construction, the project expansion, and modification for the usage of the building 4.2) In the case the project is other than project in 4.1, the report must be submitted at the application for commencement of operation and start of the expansion site according to the Hotel Law Prior to the application for approval to the Cabinet and the project expansion l 2 Irrigation 3 Commercial airport Hotel or resort facilities located in areas adjacent to rivers, coastal areas, lakes or beaches or in the vicinity of national parks or historical parks Mass transit system under the Mass Transit System and Expressway Act or project as the same characteristic or Mass Transit which use rail Mining as defined by the Mining Act Industrial Estate as defined by Industrial Estate Authority of Thailand Act or projects with similar feature Commercial port Thermal power plant Application for 'concession' 7.1) In the case the project does not require approval of the Cabinet, the report must be submitted prior to the application for approval of the project, and the project expansion 7.2) In the case the project requires the approval of the Cabinet, the report must be submitted prior to the application for approval of the project, and the project expansion 8.1) In the case the project does not require the approval of the Cabinet, the report must be submitted at the application for approval of construction and the project expansion 8.2) In the case the project requires the approval of the Cabinet, the report must be submitted prior to the approval of the Cabinet and the project expansion 9.1) In the case the project does not require the approval of the Cabinet, the report must be submitted to obtain at the application for industrial establishment and the project expansion 9.2) In the case the project requires the approval of the Cabinet, the report must be submitted prior to the approval of the Cabinet and the project expansion S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 347 Table 6 (continued) List of projects or activities Items Types of projects or activities 10 Industries 1) Petrochemical industry 2) Oil refinery 11 3) Natural gas separation or processing 4) Chlor-alkaline industry requiring sodium chloride (NaCI) as raw material for production of sodium carbonate (Na2COs), sodium hydroxide (NaOH), hydrochloric acid (HCI), chlorine (C12), sodium hypo-chloride (NaOCI) and bleaching powder 5) Irons and/or steel industry 6) Cement industry 7) Smelting industry other than iron and steel 8) Pulp industry 9) Pesticide industry or industry producing active ingredient by chemical process I0) Chemical fertilizer industry using chemical process in production All types of projects located in the areas where it has been approved by the Cabinet to be watershed area as class 1 B Steps for submission of reports 10.1) In case the project does not require the approval of the Cabinet, the report must be submitted at the application for certificate of industrial establishment and the project expansion 10.2) In the case the project require the approval of the Cabinet, the report must be submitted prior to the approval of the Cabinet and the project expansion Prior to the submission of application for approval to the Cabinet and the project expansion Source: [ 1]. 9. A n n e x e s A n n e x I - General guidelines for preparing EIS reports A n n e x II - S u p p l e m e n t a l guidelines for preparing E I S reports A n n e x III - R e c o m m e n d e d format for preparation o f EIS proposals 2. P r o j e c t s f o r w h i c h E I A is r e q u i r e d O N E B has defined the type and sizes o f projects requiring E n v i r o n m e n t a l I m p a c t A s s e s s m e n t by i m p l e m e n t i n g a ' s e l e c t i v e p r o j e c t s ' approach in identifying e n v i r o n m e n tal impacts along with mitigation m e a s u r e s and m o n i t o r i n g p r o g r a m s for certain types o f projects in order to ensure efficient use o f natural and h u m a n resources [ 1]. 348 S. Muttamara / Resources, Conservation and Recycling 16 (1996)335-349 The Ministry of Science, Technology and Energy the power to issue a definition of the types and sizes of the projects or activities requiring EIA reports for the prevention and mitigation of adverse effects of the environmental quality. Types of projects or activities and their sizes for which EIA is required is given in Table 5. By virtue of Section 46 and Section 51 of the Enhancement and Conversation of National Environmental Quality Act B.E. 2535, the Minister of Sciences, Technology and Environment issues Notification with the approval of the National Environment Board, specifying government agencies, state enterprises and private persons likely to prepare projects or activities or likely to expand projects or activities shall prepare reports on environmental assessment for submission to seek opinion from the office of Environmental Policy and Planning in accordance with the provisions of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 including projects, or activities which are required for submission to seek approval of the Cabinet and projects or activities which are required to obtain permission from the competent authority. The environmental impact assessment reports mentioned above must be prepared by a licensed expert in the environmental impact assessment. By virtue of Section 46 and Section 51 of the Enhancement and Conversation of National Environmental Quality Act B.E. 2535, the Minister of Sciences, Technology and Environment issues Notification with the approval of the National Environment Board hereby issues procedures, rules, methods, and guidelines for the preparation of environmental impact assessment report for projects or activities of any government agency, state enterprise or private person required to prepare reports on environmental impact assessment as follows: 1) Steps to be taken in order to file reports on environmental impact assessment are required to comply with documents prescribed at the end of Notification No. 1. 2) Expansion of projects or activity are required to comply with the following rules: - In case the project or activity has been submitted and complied with the environmental impact assessment report required by the Ministerial Notification on the specifying types and sizes of projects or activities of government agency, state enterprise or private person required to prepare reports on environmental impact assessment and likely to expand its project. PROJECT PROPONENETJ............... I RESUI~MITEIA 30 I OEP MAKE COMMENT REVIS.E EIA DAYS I OMMITTEE OF EXPERTS~ REJECT i' EVIEW EIA -- ~ APPROVE ' I I PERMITTINGAGENCY 1 GRANT LICENSE 1 PERMITTING AGENCY / WITHHOLD THE/GRANTING OF / LICENCE 1 Fig. 4. Approval process for EIA of private sector projects (revised process). S. Muttamara / Resources, Conservation and Recycling 16 (1996) 335-349 GOVERNMENT AGENCY STATE ENTERPRISE 349 i PREPAR}E E'IA"AT . . . . . . OEP APPROVE TOR THE STAGE OF CONDUCTING FEASIBILITY STUDY I NATIONAL ENVIRONMENTAL BOARD ~ .. OEP SUBMIT COMMENT /" " MAKE " COMMENT I THE CABINET •. -EXPERT PERSON ---OR INSTITUTION SUBMIT OPINION Fig. 5. Approval process for EIA of government agency, state enterprise, or to be jointly undertaken with private enterprises. Project or activity which is expanded until its size are required to comply with the Ministerial Notification on the specifying types and sizes of projects or activities of government agency, state enterprise or private person required to prepare reports on environmental impact assessment. Guidelines for the preparation of the environmental impact assessment reports are required to comply with documents prescribed at the end of Notification No. 2. - 3) Table 6 gives the different projects or activities with the steps for submission of reports. 3. P r o c e d u r e s of EIA Agencies directly involved in the implementation of the EIA system are the Office of the National Environment Board (NEB), the National Economic and Social Development Board (NESDB) and RTG implementing agencies. The governmental process concerning environmental issues is presented in Fig. 2. The EIA approval process for public and private sectors is shown in Fig. 3, Figs. 4 and 5, respectively. So as to counter the complaint that EIA caused delays in the project process the work of NEB had to be executed within stringent time limits, with 90 days to review an EIA study. If such a study was considered ill-prepared, and consequently registered, the second review had to be executed within 30 days. References [1] Office of the National Environmental Board, 1979. Manual of NEB Guideline for Preparation of Environmental Impact Evaluation, National Environment Board, Thailand.