ENVM 8006A EIA

2. International Practices of EIA

• USA
• Canada
• China
US National Environmental Policy Act (NEPA), 1969
See https://www.epa.gov/nepa

Purposes:
•to declare a national policy to encourage a productive and
enjoyable harmony between man and his environment
•to promote efforts to prevent or eliminate damage to the
environment and biosphere and to stimulate the health and
welfare of man
•to enrich the understanding of the ecological systems and
natural resources important to the Nation
•to establish a Council on Environmental Quality
Note: Only apply to Federal Government but…
Main points of NEPA
Title I:
Establishes a national policy on the protection and restoration
of environmental quality

Section 102
- Sets out the procedural requirements where federal agencies
are required to make full analyses of all the environmental
effects of implementing their programmes and actions.
- Preparation of Environmental Impact Statement (EIS) for
major policies/projects.
Main points of NEPA

Title II requires the President to submit an annual

Environmental Quality Report (EQR) to the Congress
and to appoint a 3-member Council on
Environmental Quality (CEQ)
 Main points of NEPA
CEQ duties:
1. Assists and advises the President to prepare the Environmental
Quality Report
2. A watch-dog of the status and trends in the quality of the
environment
3. To conduct relevant researches on “environment”
4. To oversee federal agencies in preparing EIS for policies/projects
that may have significant impact on the environment. [Published in
1978 the Regulations for Implementing NEPA which set out the EIA
process.)

http://www.whitehouse.gov/ceq/
Main points of NEPA

http://www.ecfr.gov/cgi-bin/text-
idx?SID=a022e9f12acaab2c28c115fa787f4f
64&mc=true&node=pt23.1.771&rgn=div5#
se23.1.771_1117

< 150 pages

CEQ 2007a
 Special Situations for Exemption from NEPA
• On rare occasions, Congress may exempt an action from NEPA.
• If the agency needs to take an action that would typically require
preparation of an environmental impact statement in response to an
emergency, and there is insufficient time to follow the regular NEPA
process, then the agency can proceed immediately to mitigate harm
to life, property, or important resources, and work with CEQ to
develop alternative arrangements for compliance with NEPA
(40C.F.R.§1501.11)
• The NEPA analyses and document may involve classified information.
If the entire action is classified, the agency will still comply with the
analytical requirements of NEPA, but the information will not be
released for public review. If only a portion of the information is
classified, the agency will organize the classified material so that the
unclassified portions can be made available for review (40
C.F.R.§1507.3(c)).
CEQ 2007a
 Main points of NEPA
Scoping
CEQ: scope = range of actions; impacts & alternatives to
be considered in an EIS

Actions: connected; cumulative or similar

Impacts: direct, indirect and cumulative
Alternatives: no-action; other reasonable courses of action >>
Heart of the NEPA process

Public participation is important in scoping

 Main points of NEPA
Public participation
• The CEQ requires agencies to make diligent efforts to
involve the public in preparing and implementing their
NEPA procedures
• Therefore, different agencies may have different
provisions for public participation

CEQ 2007. A Citizen’s Guide to NEPA-Getting your voice heard.

https://energy.gov/nepa/downloads/citizens-guide-nepa-
having-your-voice-heard-ceq-2007
 Main points of NEPA
Public participation
Summary:
• When the NEPA procedures are being planned
• Before or during the NEPA analysis
• When an NEPA document (EA or EIS) is published for
review and comment
• At the environmental monitoring and audit stage

CEQ 2007a
 Main points of NEPA
Review - All draft EISs reviewed by US EPA
Environmental impact rating scale:
• LO, lack of objection
• EC, environmental concerns: impact can be avoided
or mitigated.
• EO, environmental objections: significant impacts
identified → substantive changes to the proposal or
consider alternative
• EU, environmentally unsatisfactory: very severe
impact, proposal cannot proceed. If the impact is
not reduced in the final EIS → EPA will refer the EIS
to CEQ for resolution
 Main points of NEPA
Monitoring
• CEQ regulations require a monitoring enforcement
programme for any mitigation plan in the final EIS or Record
of Decision.
• 2007, an Executive Order was issued to make Federal
agencies to implement Environmental Management Systems
at all appropriate organizational levels, which provides a
means to enhance NEPA compliance (CEQ 2007b).
 Main points of NEPA
Five critical elements for effective and efficient implementation of
NEPA
1. Strategic planning
2. Public information and input (EAs and EISs)
3. Inter-agency coordination
4. Interdisciplinary place-based approach to decision-
making
5. Science-based and flexible management approaches
The National Environmental Policy Act: A Study of its Effectiveness
after Twenty-five Years - 1997 https://ceq.doe.gov/docs/ceq-publications/nepa25fn.pdf

Adaptive environmental management

Old paradigm:
Predict – mitigate - implement
New paradigm:
Predict – mitigate – implement - Monitor - adapt

Allow post approval corrections!

Modernizing NEPA Implementation 2003
By the NEPA Task Force
https://energy.gov/nepa/downloads/nepa-task-force-report-council-environmental-quality-modernizing-nepa-implementation

A review focusing on:

➢ Technology and information management and security;
➢ Federal and intergovernmental collaboration;
➢ Programmatic analyses and tiering;
➢ Adaptive management and monitoring;
➢ Categorical exclusions; and
➢ Environmental assessments.
• Develop consistent categorical exclusion criteria and procedures (i.e.,
to define more precisely what proposals will not require EAs or EIS).
• Specify minimum EA requirements; Consistency
Little NEPAs

• State level EIA systems

• 15 states require EIA for state actions
• California Environmental Quality Act (1973)

➢ The most comprehensive

➢ Cover government & private actions
➢ Cover projects as well as higher level actions
➢ http://resources.ca.gov/ceqa/more/faq.html
 Canada
History of EIA development
1973
Environmental Assessment Review Process by a
Cabinet Directive

1984
EA process through an Order in Council

1992 (Substantially revised in 2012)

The Canadian Environmental Assessment Act

2019
The Impact Assessment Act
 Canadian Environmental Assessment Act 1992
Federal departments must conduct an EA before:
• a project is carried out
• providing financial assistance to enable a project to be
carried out
• selling, leasing or otherwise transferring control or
administration of land to enable a project to be
undertaken; or
• issuing an authorization to enable a project to go ahead
The Authority is the Minister of Environment and the Administration is the
Canadian Environmental Assessment Agency (CEAA)
http://www.ceaa-acee.gc.ca/default.asp?Lang=En&n=D75FB358-1
Canadian Environmental Assessment Act 1992
Screening
• makes up most of the 5-6,000 federal EAs a year
• systematically documents the anticipated environmental
impacts of a proposed project
• determines the need to modify the proposed project
• recommends further assessments to remove or reduce such
impacts
Screening report = project profile
Canadian Environmental Assessment Act 1992
Class Screening – 2 types
Model Class Screening
• A report to streamline the environmental assessment
process
• For routine projects (by types and nature)
• A guideline on developing class screening published in 2000
e.g., Parks Canada Agency 2005. Model Class Screening Report for
Aquatic-based Commercial Guiding Activities in the Mountain National
Parks of Canada.
http://www.ceaa-acee.gc.ca/050/documents/6100/6100E.pdf
Class Screening – 2 types
Replacement Class Screening
• Provides a complete environmental assessment of all
projects within a class.
• Provides a conclusion on the significance of the
environmental effects for all projects within the class.
• No location-specific or project-specific information is needed,
so no project-specific screening reports for projects covered
by the replacement class.
e.g., Parks Canada Agency 2004. Replacement Class Screening
For Aircraft Landings in the Northern National Parks of Canada.
http://www.ceaa-acee.gc.ca/050/documents/5548/5548E.pdf
Comprehensive study (i.e., EA)
For larger projects that are likely to cause significant adverse environmental
effects
Comprehensive Study List Regulations
A very detailed project list
• Nation parks and protected areas
• Electrical generating stations & transmission lines (T)
• Water projects (T)
• Oil and gas projects (T)
• Minerals and mineral processing (T)
• Nuclear and related facilities (T)
• Industrial facilities (T)
• Defence
• Transportation (T) T = Threshold

http://laws-lois.justice.gc.ca/eng/regulations/SOR-94-638/index.html
Mediation
• A formal type of EA under the Act
• A voluntary process of negotiation initiated by the MoE
• Conducted by an independent and impartial mediator appointed by
the MoE
• Resolve conflicts between interested parties through consultation
• An advisory role
• Addresses all issues related to an EA
• Can be conducted jointly with a review panel
• The mediation report must be considered by relevant authorities in
making the decision and the report should be made public.
Legislative Authority. 2007. Using Mediation in Ontario’s Environmental Assessment Process.
Ministry of the Environment, Canada.
Review panel

• A group of experts appointed by the MoE to provide an

independent review of a project EA
• Initiated by the MoE on controversial projects
• Encourage open discussion and exchange of views between
project proponents, relevant authorities and the public
• Make recommendations to the MoE or relevant authorities
• The relevant authority must take into consideration the
Review Panel’s report in making the decision.
Review panels, Public hearings
Not likely to cause Likely to cause
Year Type significant adverse significant adverse Terminated
environmental effects environmental effects
09-10 Screenings 3067 0 467
08-09 Screenings 2676 0 271
07-08 Screenings 3772 1 349
06-07 Screenings 4397 0 330
09-10 Review Panel 4 0 4
08-09 Review Panel 1 0 0
07-08 Review Panel 10 4 0
06-07 Review Panel 2 0 0
09-10 Comprehensive studies 4 0 1
08-09 Comprehensive studies 9 0 4
07-08 Comprehensive studies 13 0 0
06-07 Comprehensive studies 8 0 1
Guidance materials:
http://www.ceaa-acee.gc.ca/default.asp?lang=en&n=F1F30EEF-1

Many guidelines available for environmental

assessment professional to follow:
– Overviews of the Act
– Environmental Assessment Types
– Federal Coordination
– Public Participation
– Procedural Guides
– Operational Policy Statements
Public participation
Canadian Environmental Assessment Registry
http://www.ceaa-acee.gc.ca/050/index_e.cfm

➢ Information about projects taking place in Canada since Oct 2003.

➢ A master list of EAs carried out by federal agencies for the public.
➢ Department Document Listings-all documents relating to each EA
➢ Documents-all listed documents are available to the public on
request.
Public participation
• Participate in screenings, including reviewing and commenting on
screening reports
• Examine and comment on a class screening report
• Review and submit comments during a comprehensive study process.
• Participate in any public meetings or hearings associated with a review
panel.
• Apply for funding to assist your participation, or that of your
organization of group, in the comprehensive studies, mediations and
review panels through the Agency's Participant Funding Program.
http://www.ceaa-acee.gc.ca/default.asp?lang=En&n=E33AE9FB-1
Participant Funding Program
• Often more than 1 recipient in each project
• Funding among from $10K to > 30K (HK$>40-120K)
• Individuals and NGOs
• Examples:
➢ Proposed Grassy Point LNG Transshipment and Storage Terminal
Project
➢ Allocated 30,000 to Sierra Club of Canada – Atlantic Canada Chapter
to participate in the Environmental Assessment
Participant Funding Program
Example: Kénogami Watershed Flood Control Project
Canadian Environmental Assessment Act 2012
Changes
1. Screening
• Screening and class screen reports are abandoned. Instead, the Comprehensive List
Regulation was revised as Regulations Designating Physical Activities (Already
amended in 2013)
• The screening process is now like the Hong Kong “Project Profile” and “Study brief”

31
Canadian Environmental Assessment Act 2012
Screening: Designated projects
Regulations Designating Physical Activities (Amended 2013)
• A long list of designated projects (30 items)
• The construction, operation, decommissioning, abandonment and expansion of
certain physical activities (i.e., construction projects).
• Examples:
The construction, operation, decommissioning and abandonment, in a wildlife area
or migratory bird sanctuary, of a new
(a) electrical generating facility or electrical transmission line;
(b) structure for the diversion of water, including a dam, dyke or reservoir;
(c) oil or gas facility or oil and gas pipeline;
(d) mine or mill;
(e) industrial facility;
(f) canal or lock;
(g) marine terminal;
(h) railway line or public highway;
(i) aerodrome or runway; or
(j) waste management facility.
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Canadian Environmental Assessment Act 2012
Changes But the Ministry of the Environment
Responsible authorities remains as the approval authority
(a) The Canadian Nuclear Safety Commission
• For projects that include activities regulated under the Nuclear Safety and Control Act and that
are linked to the Canadian Nuclear Safety
(b) The National Energy Board
• For projects that include activities that are regulated under the National Energy Board Act or
the Canada Oil and Gas Operations Act and that are linked to the National Energy Board
(c) The federal authority that performs regulatory functions:
• that may hold public hearings and that is prescribed by regulations made under paragraph 83(b)
• that are linked to that federal authority as specified in the regulations made under paragraph
84(a)
• the order made under subsection 14(2)
(d) The Agency, in the case of a designated project that includes activities that are linked to the Agency
as specified in the regulations made under paragraph 84(a) or the order made under subsection
14(2).

33
Canadian Environmental Assessment Act 2012

Kept
• Review panel
• Participant Funding Program
• On-line Registry
• Guidance materials

34
The Impact Assessment Act 2019
• Enacted on 28 August 2019
• Formed the Impact Assessment Agency of Canada to replace Canadian
Environmental Assessment Agency https://www.canada.ca/en/impact-assessment-
agency.html?utm_campaign=not-applicable&utm_medium=vanity-url&utm_source=canada-ca_ceaa

• Created the Canadian Impact Assessment Registry to replace the old

Canadian Environmental Assessment Registry https://www.iaac-
aeic.gc.ca/050/evaluations/index?culture=en-CA
• Physical Activities Regulations (the Project List)
https://www.impactassessmentregulations.ca/consultation-on-the-proposed-Project-List

• Information and Management of Time Limits Regulations

https://www.impactassessmentregulations.ca/Consultation-on-the-proposed-Information-Requirements-and-Time-Management-Regulations

• Retained:
o Participant Funding Scheme
o Review Panel
• Enhanced public (including indigenous groups) engagement
35
 The Impact Assessment Act 2019

Up to 30 days for
Minister
Up to 90 days for
The Governor in
Council

Up to 180 days Up to 300 days for

Agency
Up to 600 days for
Review Panel

Up to 3 years

https://www.canada.ca/en/impact-assessment-agency/services/policy-guidance/impact-assessment-process-overview.html
 China: History and Development
Establishment phase (1979-1989)
• 中華人民共和國海洋環境保護法 Marine Environment Protection Law of the People's
Republic of China (1982; 2016 rev.)
http://en.pkulaw.cn/display.aspx?cgid=245d67ae97c23c22bdfb&lib=law
• 中華人民共和國水污染防治法 Water Pollution Prevention and Control Law of the
People's Republic of China (1984; 2017 rev.)
http://en.pkulaw.cn/display.aspx?id=23604&lib=law&SearchKeyword=&SearchCKeyword=

• 中華人民共和國大氣污染防治法 Law of the People's Republic of China on the

Prevention and Control of Atmospheric Pollution (1987; 1995 rev.)
http://en.pkulaw.cn/display.aspx?cgid=3468&lib=law
• 中華人民共和國環境噪音防治法 Law of the People's Republic of China on Prevention
and Control of Pollution From Environmental Noise (1989; 1996 rev.)
http://www.lawinfochina.com/display.aspx?lib=law&id=544
• 中華人民共和國野生動物保護法 Wild Animal Conservation Law of the People's
Republic of China (1988; 2016 rev.)
http://www.lawinfochina.com/display.aspx?id=22418&lib=law#
 1. History and Development
Establishment phase (1979-1989)
• 中華人民共和國環境保護法 Environmental Protection Law of the
People's Republic of China (1989; 2014 rev.)
“This Law is developed for the purposes of protecting and improving environment,
preventing and controlling pollution and other public nuisances, safeguarding public
health, promoting ecological civilization, and enhancing sustainable economic and
social development.”

• Various other departmental administrative rules were set by the State

Environmental Protection Agency (SEPA)
# Over 3,037 assessments done between 1980-1989 with 84 projects
having better sites selected after the EIA
http://www.lawinfochina.com/display.aspx?lib=law&id=1208&CGid=
 1. History and Development
Strengthening and perfecting phase (1990-now)
• More administrative rules introduced
• Assessment before construction was reinforced
• 1993: new rule on EIA on projects financed by
international funds e.g., World Bank
• 1994: introducing bidding system for EIA studies
• 1992: major cities/provinces established EIA Centres for
capacity building, trained > 7,100 up to 1998
 1. History and Development
Strengthening and perfecting phase (1990-now)

• 建設項目環境保護管理條例 Regulations on the Administration of

Construction Project Environmental Protection (1998; 2017 rev.)
– “Formulated with a view to preventing construction projects from
generating new pollution and damaging the ecological environment.”
- An EIA report should be produced
- Post approval monitoring is mandatory
- No provisions for alternatives
- Almost like a precursor of an EIA law
 1. History and Development
Strengthening and perfecting phase (1990-now)
中華人民共和國環境影響評價法 (The Law of the People's Republic of
China on Appraising Environmental Impacts)
http://www.lawinfochina.com/display.aspx?lib=law&id=2496&CGid=
– Issued on 28 Oct 2000; enacted on 1 Sept 2003
– Governs plans and projects at City levels or above. Provincial & City
Government can require County level projects and plans to be subject to
EIA process
– Encourage “appropriate” participation by the public & experts such as
public hearing (except national security)
– EIA assessed by assigned EPA or expert panel at City Level; NEPA has a list
of experts for forming the expert panel.
– EIA at province level or above assessed by NEPA and relevant parties of
the State Council.
 1. History and Development
中華人民共和國環境影響評價法
(The Law of the People's Republic of China on Appraising Environmental Impacts)

- Post approval assessment is mandatory and to be conducted by the

responsible authority
- All EIAs are valid for 5 years
- Enables adaptive changes in post-approval assessment and monitoring
- Marine plans and projects to be governed by PRC Marine Environment
Protection Ordinance (1982)
- Military plans and projects should be subject to control under the spirit of
this ordinance by the military authority
 1. History and Development
建設項目環境影響報告書(表)編制監督管理辦法 2019 Measures for the
Supervision and Administration of the Preparation of Environmental Impact
Reports (Forms) on Construction Projects
http://en.pkulaw.cn/display.aspx?cgid=134fee3200a44c27bdfb&lib=law
• Replaced 建設專案環境影響評價資質管理辦法 (Measures for the Administration of
Construction Projects Environmental Impact Assessment 2005)
• Stated the procedure and criteria to accredit companies and institutions that are qualified
to conduct different types of EIA in China
• Regulating the preparation of environmental impact reports and environmental impact
reporting forms for construction projects:
• Strengthening supervision and administration, guaranteeing the quality of environmental
impact assessment work, and maintaining the order of the environmental impact
assessment technical service market,
• these Measures are developed in accordance with the Law of the People's Republic of
China on Environmental Impact Assessment, the Regulation on the Administration of
Construction Project Environmental Protection, and other relevant laws and regulations.
 1. History and Development
Strengthening and perfecting phase (1990-now)

2004: Various regulations issued for accreditation of

professionals for conducting EIA
• professional examination (starting in 2005)
• EIA practitioners from HK, Macau and Taiwan and expats
working in China can participate in the examination
• Divided into different sectors
• Those who passed the exam will become registered EIA
engineers who can participate in EIA in China.
2019年度環境影響評價工程師職業資格考試合格標準
Professional EIA Engineer Examination’s Bench Marks

試卷滿分 合格標準
科目名稱 Subjects
Full marks Standard
環境影響評價相關法律法規
200 120
Relevant EIA Laws and Regulations
環境影響評價技術導則與標準
150 90
EIA Technical Guidelines and Standards
環境影響評價技術方法
150 90
Technical EIA Methods
環境影響評價案例分析
120 72
EIA Case Studies
http://www.mohrss.gov.cn/zyjsrygls/ZYJSRYGLSgongzuodongtai/201907/t20190723_326164.html
環境影響評價工程師考試網 http://www.wangxiao.cn/hps/

46
2019年度監理工程師資格考試合格標準
Professional Construction Monitoring Examination’s Bench Marks

試卷滿分 合格標準
科目名稱 Subjects
Full marks Standard
建設工程合同管理
110 66
Construction Contract Management
建設工程質量、投資、進度控制
Construction Quality Control, Investment and 160 96
Progress Control
建設工程監理基本理論與相關法規
Basic theories and relevant laws on 110 66
construction monitoring
建設工程監理案例分析
120 72
Case Studies in Construction Monitoring

http://www.mohrss.gov.cn/SYrlzyhshbzb/rencaiduiwujianshe/gzdt/201908/t20190805_328345.html
中國監理工程師師考試網 http://www.wangxiao.cn/jl/

48
2. EIA process Proponent submits Screening by the
project proposal authority

1. Study relevant laws

2. Study other relevant documents

Stage 1
Scoping key assessment items

Confirm the class of each individual assessment item; prepare EIA study brief

Environmental baseline Environmental Construction project

studies impact prediction engineering analysis

Relevant national & local

laws & regulations
Evaluate environmental impacts
Stage 2

1. Propose environmental protection measures Stage 3

2. Conclusion
3. Writing up EIA report
3. Characteristics of the China EIA system

1. Control construction projects & resource use plans

2. Legal binding
3. Included in basic construction process
4. Classified management
5. Registration system for assessment agencies
6. Post approval monitoring required
7. Encourage public involvement
8. Professional accreditation
References
Clark, R. & Richards, D., 1999. Environmental impact assessment in North
America. In: Petts, J. (Editor), Handbook on Environmental Impact
Assessment Vol. 2. Environmental Impact Assessment in Practice: Impact
and Limitations. Blackwell Science: Oxford, pp 203-222.
Glasson, J., Therivel, R. and Chadwick, A. 2005. Introduction To
Environmental Impact Assessment. Third Edition. Routledge, London,
496 pp.
Bond, A.J. & Wathern, P. 1999. Environmental impact assessment in the
Eurpoean Union. In: Petts, J. (Editor), Handbook on Environmental
Impact Assessment Vol. 2. Environmental Impact Assessment in Practice:
Impact and Limitations. Blackwell Science: Oxford, pp 223-247.
References
Council on Environmental Quality, 1997. The National Environmental Policy Act: A Study of
its Effectiveness after Twenty-five Years. Executive Office of the President, USA. 49pp.
http://www.blm.gov/style/medialib/blm/wo/Communications_Directorate/legislatio
n.Par.75991.File.dat/nepa25fn.pdf
CEQ 2007a. A Citizen’s Guide to NEPA-Getting your voice heard.
https://ceq.doe.gov/nepa/Citizens_Guide_Dec07.pdf
CEQ 2007b. Aligning NEPA processes with Environmental Management Systems.
https://www.fedcenter.gov/_kd/Items/actions.cfm?action=Show&item_id=6899&des
tination=ShowItem
Glasson, J., Therivel, R. and Chadwick, A. 2005. Introduction To Environmental Impact
Assessment. Third Edition. Routledge, London, 496 pp.
References
Ministry of Ecology & Environment http://english.mee.gov.cn/
See also https://en.wikipedia.org/wiki/Ministry_of_Ecology_and_Environment

中華人民共和國環境影響評價法 (The Law of the People's

Republic of China on Appraising Environmental Impacts)
http://www.lawinfochina.com/display.aspx?lib=law&id=2496&CGid=