Role of the Environmental Health Service in Environmental Impact Assessment

1
Role of the Environmental Health Service in
Environmental Impact Assessment

• Andrew Sulley
• SEHO, North Tipperary/East Limerick

2
Structure of Presentation

• Legal Basis
• Policy Basis
• Where EHS gets involved
• Key elements of involvement
• Liability of submission (or omission)
• Is it worth it?

3
Before we start..

• Critical to remember that EHS are informing a
  process and have no decision making
  responsibility
• Involvement in the process is in the public
  domain
• Involvement is potentially subject to scrutiny in
  a public forum

4
And some terms..

• EIA process of examining the environmental
  effects of a proposed development, production of
  an Environmental Impact Statement, evaluation of
  the statement and a decision by the consenting
  authority on permission for the development

5
Environmental Impact Statement

• A statement of the effects, if any, which a
  proposed development, if carried out, would have
  on the environment
• - report informing process
• - normally prepared by developer

6
Legal Basis

• EIA Directive 85/337/EEC as amended by 97/11/EC
  and 2003/35/EC
• Requires that certain developments be assessed
  for likely environmental effects before
  permission can be given and an EIS must be
  submitted
• Transposed into Irish Legislation and
  consolidated in Part X Planning and Development
  Act 2000 and part 10 of Planning and Development
  Regs 2001

7
Main Points from Directive

• Anticipatory prevent negative impacts
• Integrative impacts on all environmental media
  and receptors and interactions
• Technically based sound science and technical
  data
• Participative requires consultation
• List of Statutory Consultees - HSE

8
EIA in Ireland

• In Ireland a project can be subject to EIA if
• Listed in schedule 5 of PD Regs 2001 taken from
  Directive - mandatory
• Listed in schedule 7 of PD Regs 2001 likely to
  have significant environmental effects (known
  as sub threshold developments) discretionary
• Can be requested by EPA as part of licensing
  procedure

9
Policy Context

• 2010 HSE adopted policy that EHS was lead agency
  in HSE for submissions
• All consultation through National EH Office
• Other agencies within HSE notified of submission
  request
• Agencies send report to PEHO who includes report
  with EHS report to make a corporate HSE
  submission. Priority 1 on Business Plan

10
Policy Context cont

• PEHO consideration of reports for conflicts etc
  (resolved through line management)
• Final submission report sent to National lead to
  ensure consistency across areas
• Corporate submission made
• National log updated

11
Where EHS Could be Involved

• Screening Stage
• Scoping Stage
• Environmental Impact Assessment Stage
• Environmental Impact Statement
• Oral Hearing Stage

12
Screening

• Deciding whether an EIA should be carried out
• No legal requirement to consult with HSE/EHS
• Very rare to consult only where what might be
  significant impact on environment consultation
  required
• Reason clear guidance on what is significant

13
Screening EHS role

• Inform of any
• Sensitive receptors
• Accumulative local impacts
• Local issues
• Any designated areas
• Conclude based on DoEHLG Guidance

14
Scoping

• Deciding what should be assessed for impacts
• No Legal requirement for developers or consenting
  authorities to consult
• Increasingly viewed as good practice to consult
• Reason avoids issues being brought up when EIS
  submitted

15
Scoping - EHS Role

• Identify what we consider should be assessed for
  impacts within our remit both during construction
  and operation of the proposal
• Particularly in areas where we have statutory
  duties
• No legal requirement for developers to include
  areas identified by the EHS

16
Environmental Impact Assessment Stage

• Carrying out the assessments of predicted impacts
• No legal requirement to consult
• Rare to consult during this stage
• If consulted usually very specific questions
• EHS role to respond to specific questions

17
Environmental Impact Statement

• Document informing of the EIA
• Legal requirement that HSE are consulted
• HSE response a public document
• Any submission at this stage subject to scrutiny
  in public forum

18
EIS Role of EHS

• Form an opinion on
• All relevant significant impacts assessed
• Correct procedures for assessment used
• Conclusions are evidence based
• Relevant standards and guidance used
• Proper public consultation
• Acceptability of mitigation and residual impacts

19
Public Hearing

• All development proposals have potential for an
  Oral Hearing
• EHS role is to provide clarification to
  consenting authority of contents of their
  submission at EIS stage
• EHS submission subject to cross examination and
  public questioning

20
Key Elements of Involvement

• No legal restriction on what can or can not be in
  a submission
• Submission is informing consenting authorities
  so
• Credibility
• Evidence based
• Objective
• Clear reasons for opinions
• Careful use of language

21
Hierarchy of Influence
Content of Submission Influence on Consenting Authority
Statutory Remit Very Strong
Assessment against Statutory Standards Very Strong
Assessment against Guidance or CoP or International Standards Strong
Evidence Based Opinion Objective Opinion within EH remit Fairly Strong
Opinion within EH remit Opinion outside EH remit Fairly Weak Weak
22
Liability of Submission or Omission

• Consenting Authority making a decision based on a
  submission (submission liability)
• Consenting Authority making a decision without
  relevant EHS information (omission liability)

23
Reasonable Expectation of Consenting Authority

• Submission
• Statutory functions higher expectation
• Non statutory part of decision making process
  and judged on quality of submission
• Omission
• Smyth Anor -v- Railway Procurement Agency
  Anor2010

24
Is it Worth it?

• Evidence based submissions are being incorporated
  into consent decisions
• Examples
• - increased ground water monitoring prior to
  consent
• - refusal of consent due to inadequate waste
  water infrastructure
• - reduction in size of wind farm due to noise
  nuisance concerns

25
Any Questions?

• Andrew.sulley_at_hse.ie
• 067 46601