Environmental Impact Assessment Procedures Research Articles

Environmental Limitations of the Use of Solar Energy in the Carpathian Region

Abstract. The purpose of the work is to study the environmental limitations of using solar energy in the Carpathian region of Ukraine. Problem. A number of main restrictions affecting the location of solar power plants are highlighted, which are analyzed in the process of carrying out a strategic environmental assessment and are substantiated by calculation in the process of the environmental impact assessment procedure. For solar power plant projects, the main environmental limitation is the use of land areas. In the Carpathian region, plots under solar power plants must bypass agricultural land, recreational and touristic use, buffer zones of nature reserves. An important technical limitation is the ability to connect solar power plants to electrical networks. Methodology. In the course of the research, the regression analysis of the dependence of the amount of electricity produced by the experimental solar power plant at the Ivano-Frankivsk National Technical University of Oil and Gas on meteorological parameters was further developed using statistical processing of a series of observations. Results. Originality. It was determined that the air temperature has the greatest influence on the production of electrical energy with a correlation coefficient of 0.919. A direct linear relationship indicates an increase in power generation with an increase in air temperature up to +250C. Relative humidity has a fairly significant effect on the generation of solar energy. The resulting correlation coefficient of 0.776 indicates a close relationship between the two data series. When the humidity increases to 76%, the production of electricity by solar photovoltaic panels increases and decreases with a further increase in humidity from 75 to 100 %, which is associated with an increase in cloudiness under such weather conditions. Wind speed also has a strong correlation with solar power generation. Electricity production increases in conditions of low wind or almost windless weather with a wind speed value of up to 2.9 m/s and decreases with a further increase in wind speed. Practical value. The obtained significant regularities will be of practical importance for the justification of environmental restrictions when using solar energy for the conditions of the city of Ivano-Frankivsk.

Adapting an environmental impact assessment method for open pit mines in Myanmar: A modified semi-mathematical Folchi approach

Since 1970, the global adoption of Environmental Impact Assessment (EIA) has fostered the development of multiple EIA methodologies, ranging from sample techniques to scientific approaches, for assessing environmental impacts. These methodologies encompass diverse models such as Ad hoc, matrices, checklist, network, overlay, mathematical, simulation, and dispersion models. Among these, the Folchi method is one of the quantitative matrix methods, assigning magnitudes to each impacting factor based on different possible scenarios. In this method, a matrix consisting of weighting factors is systematically utilized to quantify and standardize the effect of each impacting factor on various environmental components. Myanmar, as a developing nation that has recently implemented EIA practices, has encountered significant challenges in the realm of EIA, particularly concerning methodologies for impact evaluation, assessment, and the formulation of effective mitigation measures for various development projects. To address these challenges, this study introduces an adapted semi-mathematical Folchi EIA method, demonstrating its application in open-pit mines across Myanmar. Adjustments were made to integrate domestic environmental guidelines and EIA procedures, often overlooked in previous studies. The assessment of impact magnitude prioritizes sensitivity, project type and size, and pollution thresholds. Additionally, the correlation weights (nil, minimum, medium, maximum) between impact factors and environmental components were also adjusted based on the project's nature and regional conditions. The findings of this study revealed both positive and negative environmental impacts associated with the four case study mines. Decision-makers and stakeholders can utilize this approach in decision making process, advancing sustainable development. With suitable adaptation, this approach can facilitate a rapid and comprehensive assessment of diverse environmental and social impacts associated with various development projects in the country.

Approval Procedure of Environmental Impact Assessment in the Legislation of Ukraine

Approval Procedure of Environmental Impact Assessment in the Legislation of Ukraine

Legal means of protection against abuse of the right of public participation in the decision-making process in environmental matters – current situation in the Slovak Republic

The Aarhus Convention guarantees several procedural rights which the concerned public can actively use as long as it is involved in the environmental impact assessment procedure. This international treaty assumes that the affected public uses its procedural rights with the intention of ensuring the protection of the environment. In practice, however, this may not be the case. Using a specific example from Slovakia, the author points to a case where there was a suspicion that a non-governmental organization was using its subjective rights pursuing a goal other than it is required by the Aarhus Convention. The administrative authorities believed that such behavior could be an abuse of the procedural rights guaranteed by the Convention and therefore they sought legal tools within the administrative law, the use of which would not be in conflict with the Aarhus Convention. This article addresses the issue of legal limits that prevent parties from restricting the procedural rights of the concerned public guaranteed by the Aarhus Convention.

Insights from First Nations, Government and Industry Leaders on Criteria for Successful Impact Benefit Agreements.

Over the past decade, British Columbia, Canada's westernmost province, has begun developing liquified natural gas (LNG) mega projects that can transport Canadian resources to foreign markets across the Pacific region. These projects have gained significant profile due to high-level debates over their environmental, social and economic impacts. While LNG projects are required to undergo environmental impact assessment procedures, there is growing recognition of the need to ensure that positive social, economic and environmental impacts are fairly distributed to local communities. Similar to other extractive industries, many corporations leading the development of these projects engage in negotiations over so-called "impact benefit agreements (IBAs)"-legal agreements between a corporation, a government and/or a community that details how projects can benefit the local community and on what timeline so as to build social license to operate and investor confidence. This contribution details the findings of a qualitative study highlighting the perspectives of First Nations, provincial and federal government, and industry leaders to examine what makes an IBA successful and from whose perspective. The paper provides an introduction to IBA structures and processes, a brief review of the legal context, a qualitative methodology co-developed between academic researchers and Indigenous community leaders, and describes key criteria to inform future successful IBA agreements that create equitable multi-party benefits in an era of Indigenous reconciliation.

An enhanced framework for data-based environmental impact assessment in reflection of public input

Environmental Impact Assessment (EIA) is a globally recognized tool for proactively managing dynamic development projects by identifying, predicting, and analyzing their environmental impact and proposing preventative measures. However, public participation in EIA often remains one-directional and limited to procedural hearings. To address this, a technology-driven framework enhances public involvement in EIA procedures. EIA-related newspaper articles from 1990 to 2022 were systematically collected and reviewed via web crawling. This resulted in a comprehensive list of novel data demands for future project assessments, confirmed through a meticulous examination of regulatory amendments since inception. This innovative framework transcends traditional public engagement, connecting past, present, and future EIA stakeholders. Advocacy is made for integrating these complaint-derived data demands into the national EIA database, elevating both qualitative and quantitative project assessments, and curtailing environmental impacts and social disputes. While focusing on South Korea, the framework’s principles hold global potential to enhance EIA practices.

State and prospects of legal regulation of digitalization of public participation in environmental protection

Current issues of legal support for digitization of public participation in the process of making environmentally significant decisions in Ukraine are explored in the article. The significant potential of digital technologies to ensure environmental security and sustainable social development is emphasized. Digitization of relations in the field of ecology in Ukraine affects the determination of the main directions of the national environmental policy. Post-war recovery and development of the economy will require integration into the plans, programs and other documents of the state planning of the ecological block. This is connected with the restoration of the state. This actualizes scientific research on the legal basis of public participation in strategic environmental assessment and environmental impact assessment procedures.
 Systematic analysis of legal norms, which are the basis of digitalization of strategic environmental assessment and environmental impact assessment, is carried out in the article. The problems of legislative regulation of relations in the specified sphere are defined.
 The author notes the importance of broad public involvement in the process of making ecologically significant decisions, which is a guarantee of balance, and the effectiveness of decision-making and their further coordinated implementation in practice. Positive innovations are indicated. It is necessary to continue work on improving the procedure of strategic environmental assessment and environmental impact assessment, the conclusion is drawn.
 Digitization, as one of the defining trends in the development of human civilization, forms an inclusive society and creates conditions for better management mechanisms, expands public access to the environmental sphere, increases the quality of the environment and the range of public services, expands the ways of cooperation of civil society with subjects of power and business, and also creates opportunities in the implementation of environmental rights and satisfaction of the environmental needs of citizens.

Unraveling Environmental Impact Assessment Practitioners in Brazil: Profile, Education and Perception of EIA Practice among CBAI Participants

Environmental Impact Assessment (EIA) practice demands interactions between different actors, and its effectiveness depends on how they respond to their own expectations, as well as the expectations of other actors and legal standards. Thus, EIA practitioners play an important role in improving this process. This study examines the profile of Brazilian EIA practitioners who participated in at least one edition of the Congresso Brasileiro de Avaliação de Impacto (CBAI - Brazilian Congress on Impact Assessment in English), as well as their perception of EIA practice within the country. It is a quantitative and qualitative research based on the premise that EIA practitioners would have participated in at least one of the first five congresses (CBAI) promoted by the Associação Brasileira de Avaliação de Impacto (ABAI - Brazilian Association for Impact Assessment in English). Data collection involved distributing an online questionnaire, available between September 26th and November 1st, 2022, to all 794 contacts registered at ABAI. A total of 217 responses were obtained, with participants comprising 48% men and 52% women, with the majority falling between 25 and 45 years of age. All respondents had studied EIA (through undergraduate or postgraduate courses, or in other contexts). Most participants had more than 10 years of experience working with EIA, primarily in consultancy and academia. Perceptions regarding the quality, problems, strengths and opportunities of Brazilian EIA practice generally aligned with the literature. Respondents tended to disagree with streamlining EIA and Environmental Licensing procedures and to agree with the necessity of implementing Strategic Environmental Assessment in Brazil. The results are important to understand who Brazilian EIA practitioners are and what this portion of EIA practitioners think.

The Interests of Local Communities in the Transboundary Dimension: Considerations on the Dispute Regarding the Turów Lignite Mine

Abstract The objective of this article is to look for the answer to the question of whether the applicable public law regulations contain adequate mechanisms enabling the realisation of the interests of local communities in the transboundary dimension. The background to the considerations will be an analysis of the spatial planning and environmental impact assessment procedures in connection with the planned expansion of the area of the open cast Turów lignite mine.

Assessment of the impact on the environment when performing economic activities as a legal guarantee of the implementation of Constitutional Environmental Rights

The article discusses the issue of environmental impact assessment as a procedure designed to guarantee the constitutional rights of a person to life and to an environment safe for life and health, to ensure the balance of economic and ecological components of sustainable development. The authors briefly analyze the political and legal prerequisites for the introduction of the environmental impact assessment procedure into national legislation in view of Ukraine’s European integration obligations, the main stages of such a procedure and its importance for guaranteeing the realization of the above-mentioned right. Recommendations were formulated for improving the regulatory regulation of the environmental impact assessment procedure in order to increase its effectiveness as a guarantee of the implementation of the specified constitutional human rights.

Environmental Impact Assessment in the context of armed conflicts

The Environmental Impact Assessment (EIA) is a legal, procedural tool that allows to identify, predict, evaluate and prevent or mitigate the impacts of a planned project on the environment. An inherent element of this process is public participation that shall be assured at all times.
 EIA is regulated by domestic environmental laws of a given county, but an imminent influence on these regulations is exerted by EU EIA Directive (Directive 2011/92/EU text codified) and international conventions, especially the ESPOO Convention.
 EU legislation and international EIA-focused treaties do not determine if armed conflicts affect the EIA procedures and, if the answer is positive, in which way, especially whether the EIA procedure remains required under these exceptional circumstances or it may be postponed until cease of conflict or even omitted.
 For this reason, it was of high importance to determine whether EIA-related obligations set by EU and international laws are suspended or remain valid and in force during armed conflicts.
 The research revealed that the above-mentioned acts do not have provisions that explicitly regulate the effect of armed conflicts on the obligations relating to the EIA procedures. Furthermore, current jurisprudence and doctrine do not provide clear answer on the scope of application of international environmental law during armed conflict. It is often explained by the fact that environmental law is not yet fully formed in that respect and it is still not commonly agreed how it relates to international humanitarian law.
 Based on findings of the research, some conclusions are proposed that aim at providing advise on the application of EIA during armed conflicts and suggestions to supplement discussed bodies of law.
 This article will discuss the main results of the study conducted on this important and very up-to-date subject.

The Environmental Impact Assessment Procedure Facing the Challenge of Uncertainty: An Overview of the European and Italian Legal Framework

The article offers a comprehensive examination of Environmental Impact Assessment (EIA) and its crucial role in addressing uncertainties during the evaluation of environmental impacts. It thoroughly analyzes European and Italian legal frameworks, with a particular emphasis on the technical-scientific verification phase. Furthermore, it explores the discretionary element within EIA and its consequences for judicial review. Additionally, the article investigates the 'Do No Significant Harm' (DNSH) principle and its potential impact on reducing uncertainty in project assessments.

ENVIRONMENTAL IMPACT ASSESMENT: THE ANALYSIS OF THE CHALLENGES CAUSED BY MARTIAL LAW

With the beginning of full-scale Russian aggression, social relations in our country underwent significant changes. This was caused by the destruction of social and industrial infrastructure, critical infrastructure facilities, and the established everyday life of the citizens. The Ukrainian state and its citizens faced unprecedented challenges. However, the unshakable desire of Ukrainians to withstand everything requires the state power as a tool for regulating societal relations, prompt decision-making and finding ways to overcome these challenges. Ukrainians had to respond to the threats and challenges caused by the war in various fields, including within the competence of the Ministry of Environmental Protection and Natural Resources of Ukraine, in particular, in the area of environmental impact assessment.
 Environmental impact assessment (EIA) is a mechanism for ensuring eco-safety, which aims to prevent the establishment of environmentally hazardous economic objects by analyzing the project documentation of the planned activity. The EIA procedure involves a certain level of phasing, which is ensured by the use of the Unified Register of Environmental Impact Assessment automated information system. This system, in turn, enables the interaction of concerned members of the public, state authorities and business entities in a digital format. With the military operations and the intentional destruction of Ukrainian energy infrastructure objects by the aggressor, the execution of EIA proved to be an extremely difficult task. The complexity of carrying out the EIA is also caused by the need to act within the limits of the Ukrainian law on Environmental Impact Assessment. Therefore, it is relevant to analyze the steps taken by the relevant ministry to comply with the legislation, the principles of the implementation of the EIA, and the realization of the citizens' right to access information about the natural environment.
 The environmental impact assessment procedure stipulated by Ukrainian law on environmental impact assessment is a tool that allows the public, state authorities, local government bodies and business entities to jointly make decisions that would meet the conceptual principles of sustainable development by preventing the implementation of ecologically unacceptable and environmentally harmful projects. The practical significance of the environmental impact assessment is determined by the full consideration of the consequences for the environment and human well-being from the planned activity and the development of measures aimed at preventing and eliminating a significant negative impact on the environment. Moreover, the Russian military actions are accompanied by numerous environmental crimes and environmental losses, caused by the destruction of landscapes, air pollution, soil degradation, and pollution of water bodies. Therefore, even under the conditions of martial law, the execution of an EIA should take place properly, taking into account the need to secure data that appears during the procedure and compliance with the basic principles of publicity, transparency and state regulation. All three of these principles, since the beginning of the full-scale aggression, were partially violated for objective reasons. Despite this, the real work of the Ministry of Environmental Protection and Natural Resources, whose experts have established the operation of the Unified Register for Environmental Impact Assessment automated information system, which made the implementation of the Environmental Impact Assessment possible, remains worthy of recognition. It remains fundamentally important for citizens to exercise their right to access environmental information when making decisions regarding the implementation of planned activities, which was not possible for several months after the beginning of the war. It was possible to partially overcome this problem by opening the Unified Register for Environmental Impact Assessment. The proposed research results specify the aspects of environmental impact assessment under martial law conditions, which is especially relevant for specialists, business entities, and concerned members of the public, considering the environmental threats provoked by military actions.
 Key words: environmental impact assessment, planned activity, subject of management, public discussion, martial law.

Environmental Impact Assessment (EIA) of CPEC road project by following EIA index approach for sustainability

Environmental impact assessment (EIA) is a framework to provide all the socioeconomic and environmental impacts of mega projects for sustainability. Section 12 of Pakistan Environmental Protection Act (PEPA) 1997 regulates EIA procedure for mega projects that need to be approved by the respective Environmental Protection Agency (EPA) to reduce environmental impacts. This study identified inadequacies linked with EIA procedures of CPEC western road project initiated from Rehmani Khel to Kot Balian (package-2A). To evaluate EIA procedures for the selected road project, an EIA index has been formulated based on questionnaire responses. The respondents of this study included environmental experts, social experts, and consultants from the relevant departments. The secondary sources involved a comprehensive literature review and approved EIA reports of CPEC road project. For testing variables, statistical analysis, i.e., the gamma test, correlation analysis, and factor analysis were used. The current study revealed the environmental impacts of CPEC road project, i.e., vehicle emissions, land degradation, loss of biodiversity, and atmospheric pollution. The calculated EIA index was 0.47, which identified the deficiencies among EIA stages, i.e., environmental management efficiency index, environmental impact statement index (EISI), and mitigation index for selected road projects. Statistical analysis indicated an insignificant relationship among the variables for environmental sustainability for the road project. This study will provide an EIA index for implementation of EIA procedures to reduce environmental degradation and contribute to EIA literature for long-term sustainability.

Retrospect and prospect: Public participation in environmental impact assessment in China

With an attempt to improve transparency and public participation, EIA in China has undergone years of institutional construction and practical application. It provides an essential and significant approach for the public to be involved in the process of concretely shaping the meaning of sustainable development in China and making specific development decisions. This article therefore provides an overview of the legal regime of public participation in environmental impact assessment (EIA) in China, evaluates relevant practical experiences, identifies the pros and cons, and sheds light on the prospects for future reforms. Legal doctrinal methodologies are mainly applied in this research. It is observed that the recent EIA legislative reforms in China reflect a tendency towards enhanced public participation for projects that could have a significant environmental impact and a reduction of the unnecessary burden on developers to seek public opinion for projects that only could have a mild or little environmental impact. Regarding the development of statutory laws, the screening of projects is crucial to attaining a balance between scientific and social rationality and integrating environmental protection with economic and social development needs. It is generally commendable for projects that are less controversial to pass the EIA procedure more efficiently, while further participation opportunities are also provided to the public in cases of controversial projects. By highlighting the right to participate of the public that may be affected, the chances of NGOs to participate could be reduced. A detailed discussion is then made from a judicial perspective to provide a practical understanding on how the statutory laws are applied in concrete actual cases in China. The following key questions are answered: the extent of procedural flaws in public participation that could lead to a withdrawal of the EIA decision; the application of administrative licence rules on public participation in EIA; the prospect of public interest litigation on public participation in EIA. Notably, the public interest and minor breaches of the law have been used as reasons to refrain from withdrawing an EIA decision with procedural flaws. Nonetheless, the exceptions should be applied with caution. The strictest and most powerful provision regarding public participation at the approval stage of EIA is the administrative licence rules on the right to a hearing. However, the application of public hearings on projects with a mild environmental impact is excessive. Compared to public interest litigation, traditional judicial review based on individual procedural rights is more reliable and prudent in promoting progressive changes. The finds of this article could greatly contribute to academic discussion on public participation in EIA in China and provide valuable Chinese experiences and lessons for comparative studies.

Evaluating EIA implementation in China: An empirical study of 161 EIA judicial cases

To play EIA's role as a preventative and participatory tool, the 2003 Environmental Impact Assessment (EIA) Law was significantly amended in 2016 to optimize EIA approval authority and procedure, raise project developers' violation costs, and clarify public participation rules. This article evaluates how the main provisions of this Law have been enforced in practice by analyzing 161 judicial cases collected. Case analysis reveals the main case typology, plaintiffs, violations concerned, and environmental agencies' losing rate. More specifically, the majority of these 161 cases are brought by project developers, challenging the legality of penalty decisions and disapproval decisions imposed on them. The dominant form of violation is construction without EIA approval, a chronic challenge haunting China's EIA enforcement. The interested parties are admitted with standing in most lawsuits filed against EIA approval, mainly due to the relaxed standing requirements. Nevertheless, the losing rate of environmental agencies in selected EIA cases is higher than that of general environmental cases, raising doubts about the effectiveness of the 2016 EIA Law's efforts to promote a more efficient and prudent approval procedure.

Environmental Impact Assessment of PEM Fuel Cell Combined Heat and Power Generation System for Residential Application Considering Cathode Catalyst Layer Degradation

Recently, fuel cell combined heat and power systems (FC-CGSs) for residential applications have received increasing attention. The International Electrotechnical Commission has issued a technical specification (TS 62282-9-101) for environmental impact assessment procedures of FC-CGSs based on the life cycle assessment, which considers global warming during the utilization stage and abiotic depletion during the manufacturing stage. In proton exchange membrane fuel cells (PEMFCs), platinum (Pt) used in the catalyst layer is a major contributor to abiotic depletion, and Pt loading affects power generation performance. In the present study, based on TS 62282-9-101, we evaluated the environmental impact of a 700 W scale PEMFC-CGS considering cathode catalyst degradation. Through Pt dissolution and Ostwald ripening modeling, the electrochemical surface area transition of the Pt catalyst was calculated. As a result of the 10-year evaluation, the daily power generation of the PEMFC-CGS decreased by 11% to 26%, and the annual global warming value increased by 5% due to the increased use of grid electricity. In addition, when Pt loading was varied between 0.2 mg/cm2 and 0.4 mg/cm2, the 10-year global warming values were reduced by 6.5% to 7.8% compared to the case without a FC-CGS.

A river runs through it? Exploring the contestation of Environmental Impact Assessment procedures for small hydropower projects

The use of renewable sources of energy is increasingly promoted to achieve sustainability and mitigate climate change. The watercourses of the Carpathians preserve a high natural biodiversity, especially for aquatic organisms, unique in Europe due to naturalness of the area. Nevertheless, in the past decade the construction of several hundred small hydropower plants (SHP) on the Carpathians rivers, along with the development of the access roads and deposits of construction materials continue to cause serious environmental problems. Among those frequent are habitat morphological alterations, degradation or fragmentation of aquatic ecosystems through disruption of the natural connectivity of watercourses. This study aims at evaluating problems raised by the SHP debate and their reflection in mass-media. Using two case studies in Romania, we constructed a two-level database: (i) the official documentation of the EIA procedure and (ii) mass-media reflection of the SHP debate. For each case study, we created a matrix and investigated the structure of the collaboration network. We highlight the network of most common types of actors that were involved in the SHP debates, the dichotomy between public institutions directing the EIA procedure and NGOs and public opposing it, as well as the close connection between the economic agents and public institutions. Our findings will directly inform environmental policy by describing the conflictual patterns, network weaknesses, opportunities for greater involvement of key actors and perspectives of building new bridging communication hubs to avoid or reduce environmental conflicts.

Administrative procedure for environmental impact assessment as a prerequisite for protecting maritime space

Administrative procedure for environmental impact assessment as a prerequisite for protecting maritime space

Criteria for Enhanced Monitoring and Control Plans for a Waste Gasification Plant

Abstract The Environmental Monitoring Plan (EMP) and the Monitoring and Control Plan (MCP) are key documents required respectively in Environmental Impact Assessment (EIA) procedures and in the Integrated Environmental Authorization (IEA) for activities subjected to this procedure. Both documents aim at preventing impacts on the environment and human health and/or quickly taking actions if anomalous levels of pollutants are found in the environment. Trentino is an Italian region located in the Alps characterized by high population density in its valleys, complex terrain and, thus, a low level of dispersion of the atmospheric pollutants. The research carried out in Trentino in the last two decades has allowed identifying innovative monitoring approaches to point out issues that conventional methodologies could not detect. The present paper provides the key elements of an EMP that must be included in the EIA of a waste gasification plant. The paper proposes unconventional monitoring campaigns to guarantee a more efficient control of the areas influenced by the plant before, during and after its construction. The paper also discusses key aspects of an MCP for plants that are subjected to IEA. The final aim is to make this paper a reference document to 1) evaluate new projects of waste combustion plants, 2) suggest alternative monitoring methodologies to investigate the role of specific pollutants in peculiar contexts, and 3) prescribe a specific surveillance plan in the case of a plant that is subjected to IEA. Considerations on differences with conventional plants were also included.