Evolution and Evaluation of the EIA System in Iran

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Evolution and Evaluation of the EIA System in Iran
IAIA07, Seoul South Korea

• Hossein Moradi, Bernhard Schmid
• Institute of Environmental Sciences
• University of Zurich

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Content

• Introduction
• Basic Information
• Current status environment
• Evolution
• Environment
• Legislation
• Institution
• EIA
• Legislation
• Institution
• EIA Procedure
• Evaluation
• Review Criteria
• Conclusion
• Recommendation

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IAIA07, Seoul South Korea
Basic Information
Total land area 1,648,195 Km2
Introduction
Year 1977 1982 1987 1992 1996 2007
Population 35,025,195 42,419,985 50,656,562 55,837,163 60,055,488 70,000,000
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Having
IAIA07, Seoul South Korea
Introduction
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IAIA07, Seoul South Korea
Basic Information
Introduction
Caspian zone lt 800 m
Caspian Zone gt 800m
Baluchi zone
Subdesertic zone
Steppic zone
Semi steppic zone
Xerophilous forest zone
Highest mountains
Main salt lakes and Kavirs
Main sand dune areas Sea and lake
Climatic and Bio-Climatic zones of IRAN
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IAIA07, Seoul South Korea
Basic Information
Introduction
-56m below sea level
5,610m above sea level

• Temperature range -44 to 56C.
• Precipitation range 20-2000 mm
• salinity 13.5300 mg/lit

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Resulting
IAIA07, Seoul South Korea
Introduction
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IAIA07, Seoul South Korea
Current Status of Environment
Introduction
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Current Status of Environment
IAIA07, Seoul South Korea
Total Plant Species No. 8,200 Endemic1,900
Introduction
Year Total Number Plants 1992-2002
8,000 Mammals 1992-2002 140 Breeding
Birds 1992-2002 293(324) Reptiles 992-2003
219 Amphibians 1992-2003 23 Fish 1992-2003
112
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IAIA07, Seoul South Korea
Current Status of Environment
Introduction


Crocodylus palustris
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And Having
IAIA07, Seoul South Korea
Current Status of Environment
Introduction
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Project and activities
IAIA07, Seoul South Korea
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IAIA07, Seoul South Korea
Current Status of Environment
Introduction
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Current Status of Environment
IAIA07, Seoul South Korea

• 1.2 million hectares (40) of Irans forest lost
  in 30 years

Introduction
Total number of Species Number of threatened species Percentage of threatened
Plants 8,000 1 0.01
Mammals 140 22 15.71
Breeding Birds 293 13 4.44
Reptiles 219 8 3.65
Amphibians 23 2 8.70
Fish 112 7 6.25
Extincted Persian lion Caspian tiger
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Solution may Not to stop and compensate but to
decrease the trend
IAIA07, Seoul South Korea
Introduction
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IAIA07, Seoul South Korea
Evolution- Environment
Protection of Ecosystems and (Breeding and
Cultivation of wil animals )
Law for Protection of the nature Parks,
Protected Areas and Sensitive
Widlife parks and protected Area(Ecosystem Level)
Collaboration Process among organaisation
Protection Of Marine waters and border rivers
against oil pollution
Law for Endangered Species of Wild Fauna and Flora
Legislation
Guidline on Hunting and FIshing
Law on Hunting and Fishing
Environmental Protection Act
Guidline on Air pollution Cntrol
RAMSAR Convention
Evolution
1967
1957
1963
1967
1974
1975
1975
1971
1965
1974
14974
Article 50- Constitution Of I.R.of IRAN
1st Ntional Develomment Plan
2st Ntional Develomment Plan
3st Ntional Develomment Plan
4st Ntional Develomment Plan
Waste disposal Act
Water Pollution
Law on Air Pollution control
EIA
1995
1994
1980
1989
1994
2004
2004
1998
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11994
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IAIA07, Seoul South Korea
Evolution- EIA
Institution
Evolution
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Evolution - EIA
Rahbar, 2006
Evolution
Decree 138, Notes 82
Decree 105
Decree 71, refreing to 3rd N.D.P
EIA
EIA study must be done based on EPHC code of
Practice (will be prepared by DoE and ratified by
EPHC), for each large projects before
implementation while the feasibility and site
selection studies is being done.
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EIA Procedure
EIA Procedure
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EIA Procedure
IAIA07, Seoul South Korea
EIA Procedure
Review by Provincial Office and send to EIA Bureau
Maximum 30 days for primary EIS
Maximum 90 days for Full EIS
Professional Analysis by EIA Bureau
Professional Opinion
Full EIS Required
Revision Required
Discussion in EIA Bureau
Decision making
EIS Rejected
Revision Required
EIS Approved
EIA process in IRAN Old(left) and New(Right)
Flewchart
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List of project that require an EIA in the
Iranian EIA system
24 Fuel storage with capacity more than 1 million liter
25 Bus and trucks terminals with area more than 2000m2
26 Large ranches with area more than 5ha
27 Ports for fishery, oil, gas and dredging, marine construction in general
28 Wastewater collecting network and treatment center in city scale
29 Large Water treatment in city scale(with capacity more than 5000m3/day
30 Sanitary landfills, collecting and disposal in city scale
31 Military centers with more than 5000m2
32 Tourism centers wit area more than 10000m2
33 Filmmaking centers with area more than 5000m2
34 Recreational, educational, research and sport centers with area more than 10000m2
35 Copper extraction with capacity more than 1 million tons/year
36 Iron extraction with capacity more than 600 thousands tons/year
37 Gold extraction in general
38 Lead and zinc extraction with capacity more than 100 thousands tons/year
39 coal extraction with capacity more than 80 thousands tons/year
40 salt extraction from water with area more than 400ha
41 Cement plants in general
42 Sugar plants in general
43 Gypsum plaster and limestone manufactories
44 Drug and cosmetic Industries in general
45 Large units of supplying automotives parts
46 Used motor oil recycling stations
47 Oil/gas fields developing projects with more than 10 wells
48 Residential places(hotels, motel, ) with capacity more than 120 person or area more than 2ha
49 Camping with area more than 150(.) ore area more than 5ha
50 Recreational and tourist complex with area more than 5 ha
51 Coastal construction(mineral water bathes) in general
1 Petrochemical plant in general
2 Refinery plants in general
3 Power plants with capacity more than 100Mega Watt
4 Steel melting plants
5 Dams with height more than 15m or its related structures that have an area more than 40ha 0r its water reservoir area be more than 400ha Note a) tailing dams in general b)man made lakes with more than 400ha c)Fishery lakes(aquaculture) with lakes less than 400ha might be allowed with ministry of Jahad and Agriculture and DoE permit, d)Irrigation systems with area more than 1000ha.
6 Industrial parks with area more than 100ha
7 Airports with more than 2-km runway(band length)
8 Agro-industry with areas more than 5000ha
6 Big Slaughterhouses
10 Domestic solid waste landfills for cities having population of more than 200000 and for new cities
11 Recycling centers for composting
12 Oil and gas pipelines
13 Oil exploitation from the sea or lakes
14 Oil storage
15 Large forestry
16 Highways and freeways
17 Big railroads
18 Tourism projects
19 Coastal developing projects in a range of 1km from coast
20 Industrial Complex and units with area more than 5000m2
21 Industrial and related activities exhibition halls wit area more than 10000m2
22 Chemical and hazardous materials storages with area more than 5000m2
23 Construction camps (e.g. Roads)??? With area more than 10000m2
EIA Procedure
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Evaluation
Evaluation
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IAIA07, Seoul South Korea
Review Criteria
Review Criteria(wood, 2003)
1- Is the EIA system based on clear and specific legal provisions? Legal basis
2- Must the relevant environmental impacts of all significant actions be assessed? Coverage
3. Must evidence of the consideration, by the proponent, of the environmental impacts of reasonable alternative actions be demonstrated in the EIA process? Alternatives
4. Must screening of actions for environmental significance take place? screening
5. Must scoping of the environmental impacts of actions take place and specific guidelines by produced? scoping
6. Must EIA reports meet prescribed content requirements and do checks to prevent the release of inadequate EIA reports exist? Report contents
7. Must EIA reports be publicly reviewed and the proponent respond to the points raised? Report review
8. Must the findings of the EIA report and the review be a central determinant of the decision on the action? Decision-making
9. Must monitoring of action impacts be undertaken and is it linked to the earlier stages of the EIA process? Impact monitoring
10. Must the mitigation of action impacts be considered at the various stages of the EIA process? Mitigation measures
11. Must consultation and participation take place prior to, and following, EIA report publication? consultation and Public participation
12. Must the EIA system be monitored and, if necessary, be amended to incorporate feedback from experience? System monitoring
13. Are the financial costs and time requirements of the EIA system acceptable to those involved and are they believed to be outweighed by discernible environmental benefits? Cost and benefits
14. Does the EIA system apply to significant programs, plans and policies, as well as to projects? SEA
EIA Evaluation
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Article 50 of the constitution of the Islamic
republic of Iran
Lagal Basis

• Environmental protection and Enhancement Act
  (1974)
• Critical areas
• ecological balance, soil, water, air and
  different ecosystems
• Any activity, which results in pollution of the
  environment, is prohibited.
• Hunting permit
• standards for quality of air, water, soil, noise
  and discharging and emitting waste.
• Prevention of any industrial units which results
  in any kind of pollution

EIA Evaluation
2nd National Development Plan,1994
1994
Note 82
1997
EPHC
Decree 138
3rd National Development Plan,1999
1999
Provision 105
4rd National Development Plan,1999
2004
Provision 71
Only refer to Provision 105
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IAIA07, Seoul South Korea
Lagal Basis

• EIA is Part of a Law for Economical, Cultural,
  Societal Development
• it means the part should control whole
• So,
• No clear definition of Environment, Project,
  EIA and EIA Process( as a law)
• No action plan
• No rights to do inspection and
  supervision!!!!! To enforce the findings
• Nothing for penalties!

EIA Evaluation
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Article 10- The dimensions to be studied for the
environmental impacts, in the case of all 7 types
of projects, after studying the existing
environmental situation, are as follows    
a.    Impacts on physical environment.        
1)      Impacts on land morphology and qualitaty
        2)      Impacts on water water quality
and quantity.         3)      Impacts on land,
air and sound air and rainfall changes, air
quality.         4)      Secondary impacts on
soil, water and air.     b.   Impacts on
natural environment         1)      Impacts on
the plant species.         2)      Impacts on
the animal species.         3)      Impacts on
habitats, landscapes and birds migration route.
    c.    Impacts on social and cultural
environment         1)      Impacts on the
peoples health and environment.         2)     
Impacts on social environment employment,
housing, education.        .3)      Impacts on
cultural environment peoples religious and
cultural beliefs, cultural heritage.     d.  
Environmental impacts on the development plans
        1)      Impacts on the other
agricultural, industrial and service development
plans in the region.
2) Impacts on the regional spatial plan.
3) Impacts on the regional lands use
IAIA07, Seoul South Korea
Coverage
guide for preparation of the preliminary EIA
report

• Article 7- The EIA is prepared for two
  situations by main activities
•     1) Construction period
•     2) Operation period

EIA Evaluation
Private or Public?
Indirect and secondry impacts?
How about the decommissioning?
Duration of impacts?
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Note 10 of A guide to the preparation of
summary of plan form (report)10)  Proposed
place for the project implementation, location
choices and the reasons of selecting the proposed
place or places.
Consideration of alternatives

• Note 2-6 A guide to the preparation of Summary
  Preliminary Assessment Report for a project
• 2.6. Technical and spatial(land) alternatives for
  the project.

EIA Evaluation

• It is very obvious that there is no clear
  evidence of consideration of the
  environmental impacts of alternatives
• No legal basis so no implementation
  guarantee
• No published guideline exists

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IAIA07, Seoul South Korea
Screening

• Provincial offices
• 51 project subject to EIA

EIA Evaluation

• No clear category A and B
• There is a single category by list of 51 projects
  required EIA
• No way to distinguish primary and full EIA
• Spending twice time and energy for those fall to
  category B of world bank and less intensive
  effort to those in category A

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Scoping
IAIA07, Seoul South Korea
Scoping
In Iran, scoping is not well-known requirement
although guidelines for the contents of EIA
reports for more than 17 project types prepared (
UNDP, Capacity building and institutional
strengthening in Iran)
1- Petrochemical 2- Refineries 3- Steel
Industries 4- Dams Irrigation 5- Agro-Industry
Units 6- Rails 7- Roads 8- Airports 9- Industrial
Parks 10- Tourism 11- Cement 12- Land
fill 13- Irrigationn and Drainage 14- Forestary 15
Power plants 16- Slaughter Houses 17- Marine
Ports 18- ???????
EIA Evaluation
Very useful for impact identification!
1)Only use matrices methods 2)Impact numbering
without any logic reason(No refrence for
arguments) 3)Basic analysis that result in wrong
suggested decisions 4) Huge repeatition
particularly within consulting firms and the same
projects
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IAIA07, Seoul South Korea
Report Contents

• Guide for preparation of the summary of the
  plan form
• Guide for preparation of the preliminary EIA
  report

EIA Evaluation

• Some contents mentioned in the guide do not
  have any legal basis which is very important in
  EIA process
• Consideration of alternatives
• Accident and some unforeseeable events
• There is no guide about full EIS report

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IAIA07, Seoul South Korea
Report Rerview

• EIA is a decision-making tool
• Report content and review are the only materials
  that are feeding the decision-making stage

EIA Evaluation

• Carrying out by EIA expers in EIA Bureau and
  sometimes requesting help of consultants
  companies or private

• There is no clear format to show how the
  review should be done
• skilled professionals
• METAP(Mediterranean Environmental Technical
  Assistance Program), 2002, mentioned
• The DoE identified the main problem with the
  review system as insufficient training and
  experience of EIA Bureau staff, associated with
  a lack of technical guidelines, and lack of
  access to impact prediction software
• Nothing make public and publish any decision or
  results

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IAIA07, Seoul South Korea
Decision-Making

• EIA committee is identified as below
• (1) Head of Deputy of Human Environment
  (committee president)
• (2) Head of EIA Bureau (committee Secretary)
• (3) Related expert from EIA Bureau
• (4) Representative of Deputy for Natural
  Environment and biodiversity
• (5) Academic specialist
• (6) Representative of NGOs
• (7) Representative of Head of related provincial
  office
• (8) Representative of Administration and Planning
  Organization
• (9) Represenatative of proponent

EIA Evaluation

• Right to refuse or verify the permission
• Normally they have least knowledge about EIA
  (Ghoddousi, 2006)
• Insufficient members of academics and experts
• No clear duty explained for the committee, do
  they read or review already
• No results publish

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IAIA07, Seoul South Korea
Impact Monitoring
part (9-2) of A guide to the preparation of
Summary Preliminary Assessment Report for a
project that is required to Present the
general program of environmental management for
measuring and monitoring the environmental
impacts and inspection and supervision on the
good implementation of proposed measures related
to the control and reduction.
EIA Evaluation

• Decision made in EIA committee (mostly positive)
  is like a acceptance
• End of the environmental concerns

Tehran Oil Refinary wastewater

• No legal provision for Environmental monitoring
  plan (EMP)
• Not any legal enforcement to follow as in EIS
  reported

• inspection and supervision on the good
  implementation is not the duty of EIA Bureau or
  DoE but is part of duties of Planning and
  Management Organization (Ghoddoosi,2006)

• No linkage exists between the related offices of
  DoE
• No clear diffrence between Monitoring plan and
  pollution control plan

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IAIA07, Seoul South Korea
Mitigation Measures

• part (9-1) A guide to the preparation of
  Summary Preliminary Assessment Report for a
  project

EIA Evaluation

• For the proponents cost-effectiveness is prior to
  the final choice of mitigation measures (Canter
  in wood, p. 259)
• Mostly proposed mitigation measures are not
  applicable and are based on the assumptions
  (Ghoddousi, 2006).
• No legal enforcement to carry measures out

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IAIA07, Seoul South Korea
Public participation and Consultation

• public participation Neither directly nor
  indirectly

WHY

• Public
• has no enough environmental acknowledge
• are not clue why they should involve
• their opinions will not influence the decisions
• Recently, kind of informing in newspapers, no
  public participation

EIA Evaluation

• NGOs
• Are in EIA committee
• no opportunity to participate in decision making
• no experience of actual EIA study and even
  environment
• NGOs, also Non-governmental academic
  associations, totally have forgot their
  controlling and warning role and are leading to
  economic and opportunistic activities(Ghoddousi,20
  06)

• Consultants
• Are involved without any clear procedure
• Economic goal than environmental

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IAIA07, Seoul South Korea
System Monitoring

• Nothing has done!
• No tendency
• No enough experts
• But,
• is the time to do!

EIA Evaluation
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IAIA07, Seoul South Korea
Strategic Environmental Assessment
EIA Evaluation
Davood Rahbar,2005
This UNDP intervention will focus on the
following Capacity building through
provision of financial and technical support
     Helping creation of a national regulatory
framework for practicing SEAs      Creating an
enabling environment to put in place clearly
defined,      Building technical capacity
within government, private sector and
non-governmental players      
No legal basis for SEA
No result of this project published
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IAIA07, Seoul South Korea
EIA in Practice
Project Type Number
Dam construction 53
Tourism/ Ecotourism 38
Gas/oil pipline 31
Power generation 31
Industrial complex/Mixed developments 27
Steel manufactoring industries 25
Mineral extraction 22
AgricultureIrrigationdrainage 21
Aquculture 21
Petrochemical plants 18
Gas-oil refinary 16
Roads Railways 15
Gas-Oil -field development 12
Economic and trade sites 10
Compost recycling 9
Landfill 9
Marine port 9
Cement development 8
Water transferingt 8
Chemical developments 4
waste water treatmen 4
Gas-oil resrvoir 3
Large industrial slaughter house/lether 3
Airport 2
Total 399
EIA Evaluation
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IAIA07, Seoul South Korea
Conclusion
Legal basis 0.5, 0.5,
Coverage 0.5, 0.5
Alternatives 0, 0,
Screening 0.5, 1
Scoping 0.5, 1
Report contents 0.5, 1
Report review 0, 0
Decision-making 0.5, 1
Impact monitoring 0.5, 0
Mitigation measures 0.5, 0
Public participation and consultation 0, 0
System monitoring 0, 0
SEA 0, 0
Conclusion
Criteria Clear legal basis Documented
Qualifying Fully exists 1 Partially
exists 0.5 No exists 0
Recently kind of informing in newspapers happens
but no public participation
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IAIA07, Seoul South Korea
Recommendation

• Ergent need to have data bank(enough, accurate
  and liable,..)supporting Scoping stage
• EIA law no EIA Note, make it independent and
  stronger
• International support to Universities and
  students (No only DOE personnel!!) to have enough
  Indigenous experts
• Review the linkage between the EIA bureau and
  Universities working on EIA in Theory
• Strenthen the provincial somehow can decide about
  priliminary EIA
• Make any effort to get the inspection and
  supevision right during the operation and later
• Make it clear monitoring plan and pollution
  control plan from each other
• Make public aware what EIA is? And what is the
  aim?
• Provide the opportunity for public to participate
• Finding the systematic process to qualify the
  firms/ private consultant

Recommendation
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Thank you very much for your attention
H. Moradi, B.Schmid, 2007