MSc Management of the Built Environment PDF

MSc “Management of the Built Environment” TECHNICAL ASSESSMENT OF BUILT ENVIRONMENT ENVIRONMENTAL ASSESSMENT OF PROJECTS considered as a whole (design and construction) Prof. Giancarlo PAGANIN  EIA… Environmental Impact Assessment (EIA)...

MSc “Management of the Built Environment” TECHNICAL ASSESSMENT OF BUILT ENVIRONMENT ENVIRONMENTAL ASSESSMENT OF PROJECTS considered as a whole (design and construction) Prof. Giancarlo PAGANIN  EIA… Environmental Impact Assessment (EIA) is a key instrument of European Union environmental policy to support decision Prof.G.PAGANIN to be taken by public authority. Since passage of the first EIA Directive in 1985 (Directive 85/337/EEC) both the law and the practice of EIA have evolved.  EIA… The EIA Directive of 1985 has been amended three times, in 1997, in 2003 and in 2009: The Directive of 1997 widened the scope of the EIA Directive by increasing the types of projects covered, and the number of projects requiring mandatory environmental impact assessment (Annex I). It also provided for new screening arrangements, Prof.G.PAGANIN including new screening criteria (at Annex III) for Annex II projects, and established minimum information requirements. Directive 2003/35/EC was seeking to align the provisions on public participation with the Aarhus Convention on public participation in decision-making and access to justice in environmental matters. Directive 2009/31/EC amended the Annexes I and II of the EIA Directive, by adding projects related to the transport, capture and storage of carbon dioxide (CO2). Source: www.ec.Europa.eu  screening= if the project is in annex I the project has to be applied to the EIA, if the EIA… project is in the annex II its not mandatory The EIA Directive (85/337/EEC) is in force since 1985 and applies to a wide range of defined public and private projects, which are defined in Annexes I and II: Mandatory EIA: all projects listed in Annex I are considered as having significant effects on the environment and require an EIA (e.g. long-distance railway lines, motorways and express roads, airports with a basic runway length ≥ 2100 m, installations for the disposal of hazardous waste, installations Prof.G.PAGANIN for the disposal of non-hazardous waste > 100 tonnes/day, waste water treatment plants > 150.000 p.e.). Discretion of Member States (screening): for projects listed in Annex II, the national authorities have to decide whether an EIA is needed. This is done by the "screening procedure", which determines the effects of projects on the basis of thresholds/criteria or a case by case examination. However, the national authorities must take into account the criteria laid down in Annex III. The projects listed in Annex II are in general those not included in Annex I (railways, roads waste disposal installations, waste water treatment plants), but also other types such as urban development projects, flood-relief works, changes of Annex I and II existing projects…). Source: www.ec.Europa.eu  EIA… The initial Directive of 1985 and its three amendments have been codified by DIRECTIVE 2011/92/EU of 13 December 2011. Directive 2011/92/EU has been amended in 2014 by DIRECTIVE 2014/52/EU The EIA procedure can be summarized as follows: the developer may request the competent authority to say what should be covered by the EIA information to be provided by Prof.G.PAGANIN the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.. Source: www.ec.Europa.eu  EIA… What is an EIA? The Council Directive 85/337/EEC of 27 June 1985, as amended, requires the “assessment of the environmental effects of those public and private projects which are likely to have Prof.G.PAGANIN significant effects on the environment” (Art.1) EIA entails the systematic collection and analysis of information about the environmental effects of a project by the developer in order to enable the competent authority to decide if and how the project should be carried out Source: www.ec.europe.eu/environment/eia  EIA… Prof.G.PAGANIN Source: www.ec.europe.eu/environment/eia  EIA… the objective of the EIA is to assess in advance effects on the environment that arise from a project and therefore to Prof.G.PAGANIN assess its environmental compatibility.  EIA… General scope of application Art.2 (1) : “projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location” Art. 3 : The EIA shall identify, describe and Prof.G.PAGANIN assess the direct and indirect effects of a project on: human beings, fauna and flora; soil, water, air, climate and landscape; material assets and cultural heritage; Interaction between the above listed.  EIA The Environmental Impact Assessment was established in the United States in the late '60s with the law called "National Environmental Policy Act" (NEPA, 1969). The act NEPA has regulated the national policy for the environment, introducing the obligation of environmental impact assessment (EIA - Environmental Impact Prof.G.PAGANIN Assessment) for all operations of the authorities of the Federal Government. After a few years EIA is adopted in some European countries (Denmark, France, Sweden, West Germany, Netherlands, United Kingdom); is then approved the first Directive 85/337 / EEC of 27 June 1985 on the assessment of environmental impact of certain public and private projects, subsequently amended by Council Directive 97/11 / EC of 3 March 1997  EIA In contrast to US law, the EU directive foresees the EIA procedure only for certain projects, defining lists of inclusion that indicate the projects to be subjected to environmental impact assessment. The EC recognizes, as one of the principles of environmental policy, the need to consider the environmental effects in a stage as early as Prof.G.PAGANIN possible with respect to the decision.  EIA in Italy In recepimento alla Direttiva del Consiglio Europeo 85/337/CEE del 27 giugno 1985 concernente la valutazione dell'impatto ambientale di determinati progetti pubblici e privati, le iniziative condotte dallo Stato italiano Prof.G.PAGANIN iniziano nel 1986 con la legge 8 luglio 1986, n.349 relativa alla Istituzione del Ministero dell’Ambiente e norme in materia di danno ambientale. Segue il D.P.C.M. 10 agosto 1988, n. 377 per la Regolamentazione delle pronunce di compatibilità ambientale di cui all'art. 6 della legge 8 luglio 1986, n.349. 5  Sintesi della evoluzione normativa (ante TU ambiente) Prof.G.PAGANIN 2006: testo unico ambiente  Riferimento attualmente applicabile Dlgs 3 aprile 2006, n. 152 - Norme in materia ambientale Parte Seconda: Procedure per la valutazione Prof.G.PAGANIN ambientale strategica (Vas), per la valutazione dell'impatto ambientale (Via) e per l'autorizzazione integrata ambientale (Ippc) (modificato e integrato dal D.Lgs. 128/2010) Titolo I - Principi generali per le procedure di Via, di Vas e per la valutazione d'incidenza e l'autorizzazione integrata ambientale (Aia)  terminology Alternative solutions These are alternative ways of achieving the objectives of a project. They may include: – alternative locations that are suitable and available; or – different approaches in terms of: design, manufacturing Prof.G.PAGANIN or other processes; the use of different forms of transport or energy; different sources for the supply of materials etc.  terminology Mitigating measures or ‘mitigation’ These are the measures taken to avoid, cancel or reduce adverse impacts of a project. They are: – Avoidance measures Designed to avoid or eliminate any adverse impacts arising in the first place, including alternative or ‘do nothing’ Prof.G.PAGANIN options; – Cancellation measures Designed to nullify or cancel out any adverse effects of a project before adverse effects are felt; – Reduction measures Designed to minimise or at least reduce adverse impacts remaining after avoidance and cancellation measures have been applied to a project.  terminology Scoping whe you talk about scoping you are already inside the project Is the procedure whereby the Competent Authority and the relevant statutory and other consultees are consulted at the outset, or very early in the EIA process, by the proposer to agree what effects are likely to be significant and should therefore be covered in the Environmental Statement, how they should be covered and the methods to be used to assess them. If requested by the proposer the Competent Authority Prof.G.PAGANIN must give a scoping opinion. Screening Is the process of deciding whether a particular project that is proposed is EIA development. It involves checking whether the project falls within the classes of project in Schedules 1 or 2 of the Principal Regulations (or Annexes I or II of the Directives) and if in Schedule 2, whether it would be likely to have significant effects on the environment.  terminology Prof.G.PAGANIN  terminology Compensatory measures or ‘compensation’ Measures designed to at least try to offset or compensate for residual adverse effects which cannot be avoided, cancelled or further reduced (see mitigation measures below). Prof.G.PAGANIN  Impacts categories Prof.G.PAGANIN Source: A handbook on environmental impact assessment , Scottish Natural Heritage, 2013 Prof.G.PAGANIN FONTE: “EU Guidance on EIA. Scoping” JUNE 2001  FASE DI “SCOPING” Scoping is an early stage in the process and is designed to ensure that the environmental studies provide all the relevant information on: – the impacts of the project, in particular focusing on the most Prof.G.PAGANIN important impacts; – the alternatives to the project; – any other matters to be included. The findings of scoping define the “scope” of the environmental information to be submitted to the competent authority and the terms of reference for the environmental studies to be undertaken to compile that information. FONTE: “EU Guidance on EIA. Scoping” JUNE 2001  (scoping) … in principle, a Scoping Report or Opinion should identify the content and extent of the information to be provided by the developer to the competent authority. In particular, Scoping Reports and Opinions will always identify the types of environmental impacts to be investigated and reported in the environmental information. They may also cover: Prof.G.PAGANIN alternatives which should be considered; baseline surveys and investigations which should be carried out; methods and criteria to be used for prediction and evaluation of effects; mitigation measures which should be considered; organizations to be consulted during the environmental studies; the structure, content and length of the environmental information (or EIS). FONTE: “EU Guidance on EIA. Scoping” JUNE 2001  (scoping) Prof.G.PAGANIN FONTE: “EU Guidance on EIA. Scoping” JUNE 2001  (scoping) Prof.G.PAGANIN FONTE: “EU Guidance on EIA. Scoping” JUNE 2001  Documentation for EIA Scoping document Environmental impact study =EIS Prof.G.PAGANIN Non technical synthesis (because the public wont nderstand technical stuff  The EIA scoping study will deliver the following results: An overview of the project, the applicable legislative and institutional framework; An indication of the project alternatives and their variants to be studied; Prof.G.PAGANIN A description of the key stakeholders and their concerns; A stakeholder engagement plan (to be implemented while the EIA study as such is conducted);  A description of the key environmental aspects and project-environment interactions that should be addressed in the EIA; A description of the geographical area to be considered in the environmental baseline and in the identification of impacts; Recommendations on specific impact identification and evaluation methodologies to be used in the EIA; Prof.G.PAGANIN (An optional description of the proposed methodology for identifying and assessing environment and climate change-related risks, constraints and opportunities); An indication of the time frames, costs and resources needed to carry out the EIA study.  EIA STUDY 4.2.1 Environmental baseline study 1. Existing environment 2. Expected future situation without the project 4.2.2 Impact identification and evaluation 4.2.3 Measures and recommendations in relation to Prof.G.PAGANIN impacts 4.2.4 Environmental Management Plan 4.2.5 Limitations of the EIA 4.2.6 Conclusions on environmental impacts