WGP-AS EIA Policies & Methodologies in IWRM Incorporation of Environmental and Socio- Economic Aspects in IWRM March 8-11, Cairo Presented by: Prof. Sameh Afifi 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)

WGP-AS Contents of Presentation The Role Of EIA in IWRM The Role Of EIA in IWRM EIA and legislation EIA and legislation Challenges Challenges Example Case Example Case

WGP-AS 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. 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.

WGP-AS Consequences The imperatives of rapid social and economic development could influence the political will to initiate, implement and enforce appropriate environmental policies and laws. 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. 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. Water management agencies would implement and operate projects under severe and reduced supply.

WGP-AS 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 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

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

WGP-AS 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. 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.

WGP-AS 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

WGP-AS 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.

WGP-AS 1- Example LEGISLATION REGISTER

WGP-AS 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

WGP-AS Example Applicable laws in Sudan: LAWYEARAUTHORITY Environment Protection Act2001 Ministry of Environment and Physical Development Regulations for Protection of the Environment in the Petroleum Industry 2002Ministry of Energy and Mining Ministry of Environment and Physical Development

WGP-AS RefLaw NameDefinitionsComments 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 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 7/1982Protection of Environment Old 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 Sanitation Law for dealing with Sewers Executive regulation of Law 13/1984 Provisions relevant to Street Cleaning Cleanness Law Example Applicable laws in Libya:

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

WGP-AS EIA for Transboundary Waters Major concernPriority Issue I: Freshwater shortage 1.Modification of stream flow 2.Pollution of existing supplies 3.Changes in the water table II: Pollution Microbiological Chemical Suspended solids Solid wastes Thermal Radionuclide Spills III: Habitat and community modification Loss of ecosystems or ecotones Modification of ecosystems or ecotones, including community structure and/or species composition IV: Unsustainable exploitation of fisheries & other living resources Over-exploitation Excessive bycatch and discards Destructive fishing practices Decreased viability of stock through pollution and disease Impact on biological and genetic diversity V: Climate change Changes in hydrological cycle and ocean circulation Sea level change Increased UV-B radiation as a result of ozone depletion Changes in ocean CO 2 source/sink function

WGP-AS Challenges Approach - shifting focus from projects proponent to people affected - both beneficially and adversely. Approach - shifting focus from projects proponent to people affected - both beneficially and adversely. Adequacy and clarity of EIA scheme. Adequacy and clarity of EIA scheme. Reliability of information/data. Reliability of information/data. Adequacy of methods for assessing impacts and placing appropriate weight on negative environmental impacts in relation to developmental factors. Adequacy of methods for assessing impacts and placing appropriate weight on negative environmental impacts in relation to developmental factors. Resource capabilities. Resource capabilities.

WGP-AS Advancement of EIAs Provisions related to EIA began appearing in developing countries' legislation during the 1970s. 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. 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. Since 1990 the pace of legislative activity on environmental issues has quickened and the number of Arab countries with EIA legislation has increased significantly.

WGP-AS Case Studies of Failing EIA Building Water Denver Water Utility Building Water Denver Water Utility

WGP-AS 1500s occupied by Indian Apache 1890s short term camp by US Army

WGP-AS 1940s after Pearl Harbour attack, land chosen for chemical Weapon 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-AS In 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 Soviet threat Shell Chemical Company leased several buildings from the Army in 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)

WGP-AS 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.

WGP-AS *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 Such liquids were very hazardous

WGP-AS 1970s and up, cleaning the mess

WGP-AS Effect of Pumping Well Effect of Recharge Wells Reverse Gradient Barrier Wall GW Flow Cross Section View

WGP-AS

Rocky Mountain Arsenal Wild Life

WGP-AS ESIA in IWRM

WGP-AS Anaheim Recharge Pond

WGP-AS Thank you for your attention…