E.I.A in Practice - sample conditions of approval

This write-up is related to my earlier post titled ‘The E.M.P (Environmental Management Program)’. Here, a sample of the terms and conditions of an approved EIA is displayed, and, as I mentioned then that this is amongst the basis of establishing an EMP. The checklist consists of all the terms of approval from the authority i.e. the DOE in Malaysia, and in this example, it’s for a new electrical powered intercity public train rail track system. In this project both the project proponent and its main contractor are certified ISO14001. I hope readers who are pursuing civil engineering, environmental engineering, environmental sciences, occupational health and safety, urban and town planning, etc. would treat this example as a connotation of the likely demands in one’s career. Welcome to the multi-disciplinary integrated ‘web’ of environmental management where collective decisions is the ‘operating system’ and more than 10 agencies are appointed ‘browsers’. This example is one of their many endeavors that illustrate the shared-responsibility. My personal opinion on the EIA conditions concludes this article. Bon voyage!

Electrified Double Track Train EIA – Sample Checklist on EIA Approval Conditions

(Note: the project title, its owners, municipals and the respective provinces were omitted in ensuring the integrity of this article.)

This checklist was produced by the main contractor’s HSE team by referring to the EIA approval issued to the project owner (project proponent), after the former was awarded the construction job. Their purpose for creating this checklist is as follows;

• Establish an EMP based on special EMP format issued by the DOE;
• Subjected to DOE consent;
• Referred as ‘legal standard’ for the DOE;
• Evidence of associated legal liability.
• Distribution to their Environmental Unit as the main ‘Audit Standard’ for their scheduled audits;
• Basis of a continuous environmental surveillance;
• Basis of training for their project managers, construction managers, engineers etc.
• Record of compliance throughout the project; (as seen in column ‘compliance actions’ below)
• Distribution to their construction team as to integrate it into their detailed construction plan;
• Cascaded to respective sub-contractors;
• Environmental standards imposed upon sub-contractors;
• Basis of trainings and briefings to sub-contractors;
• Basis of penalty for their non-compliance;
• Updated reference of compliance when facilitating site-visits and inspection by authorities.

	EIA Conditions of Approval	Compliance Actions
	COMPLIANCE
1.	All mitigation and control measures outlined in the report and additional information as listed below prepared by the EIA consultant, (Consultant). are to be complied fully:- (i)                  EIA report entitled Environmental Impact Assessment For the Proposed Electrified Double Tracking Railway Project Between (town) - (town), Final Report, July 2002; (ii)                Additional information titled ‘Environmental Impact Assessment For the Proposed Electrified Double Tracking Railway Project Between (town) - (town), Final Report Addendum 1 (Soil Erosion & Sedimentation), August 2002’; and (iii)               Additional Information titled ‘Jawapan Perunding EIA Kepada Soalan dan Komen-Komen,  Cadangan  Pembinaan Landasan Berkembar Elektrik Antara (town) - (town) oleh (Project Proponent) submitted to the DOE on 4th October 2002.	The Project proponent will comply with the mitigation and control measure outlined in the EIA report for all items which cause by the project proponent during the construction stage.
	PROJECT CONCEPT
2.	The development is confined to the construction of the railway track and other related components for a distance of (project length in km) from (town) - (town).	There are no changes to the project concept.
3.	Traffic management plans covering any diversions are to be prepared and approved by the related Local Authorities.	Traffic management plan will be prepared and seek approval from (Local Authorities) where necessary.
4.	Structures such as the railroad bridges or vehicular crossing or any overhead for pedestrians are to be constructed at areas where the public used for crossing.	Pedestrian or vehicular crossing will be provided as needed according to construction requirements.
5.	The routes for vehicles transporting construction material are to be planned well to reduce disturbance to the residential areas and other main users.	The project proponents will plan the routes for vehicles transporting construction material. The routes to be used where possible shall avoid the residential areas in the vicinity of the track.
6.	Any tree cutting or the relocation of trees and the landscape plan is to be submitted and approved by the Local Authority.	Will inform Local Authority and seek advice before is such cases happen.
7.	The relocation of squatters, public amenities or basic facilities is to be implemented as per agreement with the relevant State Authorities /Local Authorities.	Matters pertaining to the relocation of squatters will be discussed with (Project Proponent) or relevant Authority before implementation.
8.	‘Culverts’ are to be constructed close to the forest so that the wild life such as wild pigs, leopard and antelopes can cross over the railway track.	(Main Contractor) will obtained clearance from the Department of Wildlife for each construction package to ensure that culverts or necessary measure for wildlife is required or otherwise.
9.	Wildlife crossing are to be constructed in areas where groups of primates are located such as monkeys, baboons and others to ease crossing the electrified railway track.	(Main Contractor) will obtained clearance from the Department of Wildlife for each construction package to ensure that the wild life crossings are required or otherwise.
	NOISE CONTROL
10.	The noise levels at the boundary of the project during construction is to be control so as not to exceed 65 dBA (daytime) and 55 dBA (nighttime). For areas where the alignment is located close to houses, construction at night is not allowed.	Noise measurements shall be monitored during the construction activities so that the noise levels are kept below 65 dBA (daytime) and 55 dBA (nighttime). If construction in night time is inevitable, the noise level shall be control under 55 dBA as per requirement.
11	The noise levels during operation are to comply to the following levels for each category of receptor. Primary Category. Allowable Limits 1 Areas sensitive to noise, low density populated areas, urban and sub urban centers. L90 + 5 dBA 2 Commercial areas, business and industry. L90 + 10 dBA The L90 is to be determined and agreed by the DOE prior to the operations of the electrified double tracking line. The measurements are to follow the ‘Procedure For Measurement Of Noise Emission Levels’ published by DOE and to be conducted by a certified acoustic engineer. (Note: L90 is the noise measurement representing 90% of the noise at site prior to the operational of the project).	The design of the railway track based on international standards takes into account of the noise levels with the movement of the trains. Noise level shall be monitored by the operator during operations to ascertain the effectiveness of the measure in place.
12.	In areas where the reserves are limited or too near especially in areas between housing schemes and school, control measures such as the installation of ‘noise barriers’ are to be implemented. The steps taken should be able to reduce noise to levels as outlined in condition 10 and 11 above. Measures to control vibration are to be implemented especially for routes crossing housing areas and sensitive areas.	There are no schools located close to the railway track ROW. Nevertheless noise barriers will be provided in areas identified as extremely sensitive which will be reviewed together with (Project Proponent).
	SAFETY AND EMERGENCY CONTROL
13.	Emergency Response Plan that outlines actions that are to be taken if any accidents occur such as oil spills or toxic releases to avoid contamination to air, soil river and groundwater is to be prepared and submitted to Jabatan Keretapi Malaysia. Attention should be given to control spillages to areas upstream of water intake points. The ERP is to be submitted to the DOE’s office in (affected states) and a copy to be forwarded to Headquarters. The ERP is to be reviewed from time to time to include additional requirements.	The Emergency Response Plan has been prepared and submitted to the DOE (HQ), Respective state DOE offices and (Project Proponent).
14.	All Control measures to reduce vibration and nuisance to structures during the construction works and operational stage are to be implemented.	Vibration monitoring will be conducted during construction to ensure vibration levels are kept within acceptable limits.
15.	Adequate temporary barriers are to be constructed especially in areas where the reserves are limited during the construction activities.	Temporary barriers shall be provided in areas identified.
	CONSTRUCTION AND EARTHWORKS CONTROL
16.	The scheduling of the earthworks is to be synchronized with the dry season to reduce sediments.	Adequate mitigation measure will be taken to ensure Earthworks construction will not have any adverse impact on the surrounding environment.
17.	Any excess earth available at site is to be used as bunds at the boundary of the project site. The bunds are to be compacted and landscape.	It is anticipated that there will not be any excess earth at site. However, in the event that there is excess earth this will be used as landscaping purposes or transport to adequate landfill area.
18.	Effective measure including resolving issue at the design stage as recommended by JPS in areas that have been identified as potential flood areas are to be implemented.	All requirement outline in the Urban Storm Water Management Manual (MASMA) where relevant will be complied accordingly.
19.	Any earth to be imported to the site is to be conducted after the paddy harvesting period. Monitoring shall be conducted to ensure construction work do not cause toxic effect to the paddy areas.	Will comply and ensure fill material do not cause toxic effects to the paddy areas.
	WATER QUALITY CONTROL
20.	Temporary toilet facilities, meeting the Ministry of Health specification are to be made available at the workers camp before construction works begin.	Temporary toilet facilities will be provided at the identified site offices and workers camp. And shall comply with Specification from the Ministry of Health for toilet facilities.
21.	Silt traps, sediment ponds and the drainage system such as the perimeter drain and other in area that can channel runoffs are to be prepared prior to any land clearing works at the site. The details for the location of this system are to be submitted to the DOE. Any discharges from the sedimentation pond to any water course shall not contain any suspended solids in excess of 100mg/l. Monitoring of the discharges from the sedimentation pond during construction shall be conducted.	Silt trap and other mitigation measure shall be installed along the railway track route subject to the condition of site.
22.	Effective measure to avoid water pollution due to earthwork and construction activities (such as oil spills) is to implement especially for sensitive areas such as the (An Environmental Sensitive Area) which has a water intake point.	All skid tanks installed at the construction sites will be provided with secondary containment to collect any spillages and thus avoiding water pollution at site.
	WASTES DISPOSAL
23.	A good solid waste management system is to be provided and the waste are to be disposed at approved Local Authorities dumping site.	A waste management system shall be provided for the site. All wastes shall be stockpiled at a dedicated area near the ROW and the wastes shall be disposed at approval Local Authorities dumping site.
24.	Scheduled wastes such as ‘spent oil’, ‘hydraulic oil’ and others have to be managed according to the requirement outline in the Environmental Quality (Scheduled Wastes) Regulations, 2005.	Used oil from machinery and vehicle shall be collected and stored temporary at the designated maintenance yard. A vendor licensed by the DOE shall be appointed to collect the used oil for disposal purposes.
	AIR QUALITY CONTROL
25.	Land clearing is to be conducted in stages and confined to areas to be developed only.	Land clearing will be control to a minimal level.
26.	Open surface, especially in areas where routes for heavy construction machinery are used are to be kept wet so as not to be dusty during the earthwork stage.	A water browser shall be used to suppress any fugitive dusts that may result from the movement of vehicle at site.
27.	Wheels of machinery and vehicles are to be kept clean prior to moving on to public roads.	A wheel washing trough or other washing facilities will be provided at all main access to the construction site so that wheels are kept cleaned prior to moving on the roads.
28.	Open burning of biomass and construction wastes is prohibited at all times.	All workers will be trained prior to any works at site to ensure that all environmental requirements are followed closely including the need to observe no open burning.
	MANAGEMENT OF ARTIFACTS
29.	Control measure relating to the transfer, salvage and conservation of any artifacts of historical values as agreed by (Project Proponent) in Jadual A, Minutes to the EIA Meeting for the Proposed Electrified Double Railway Track Between (town to town) dated 15 September 2002 is too implemented.	The Project proponent will discuss with (Project Proponent) and confirm the necessary measures that need to be taken for the structures listed within Jadual A.
	MONITORING PROGRAMS
30.	Monitoring programs for air quality, noise levels, vibration and water quality taking into account the sampling stations and frequency of sampling is to be submitted to DOE’s office in (name of affected states/provinces) for agreement 3 month prior to any works.	The proposed program, frequency and sampling station will be listed within the submit EMP.
	ENVIROMENTAL MANAGEMENT PLAN
31.	An Environment Management Plan according to the format given is to be submitted to the DOE’s Office in (name of affected states/provinces) for agreement and a copy is to be submitted to The DOE’s Headquarter, 3 month prior to any works at site. The EMP is to be reviewed from time to time meet current requirement.	EMP will be prepare, submit and review accordingly.
32.	The reports are to be submitted to the DOE’s Office (name of affected states/provinces) with a copy to the DOE’s Headquarters once in 3 months from the date of commencement.	The report will be submitted accordingly.
33.	The following reports are to be submitted to the DOE’s office in (name of affected states/provinces) with a copy to DOE Headquarters:- (i)                  A water quality monitoring and assessment report once in 3 month from the earthworks. The monitoring program shall include testing Parameters such as BOD, COD, DO, TSS, Oil & Grease, pH, Turbidity and Ammoniacal Nitrogen. (ii)                Ambient air quality monitoring and assessment report once in 3 month from the date of earthworks. The monitoring program shall include parameters such as TSP,SOx and NOx. (iii)               Noise and vibration monitoring and analysis at the boundary of the project during construction and operation stage to be conducted and its report submitted once in 3 month.	The baseline water quality, air quality, noise and vibration levels shall be reestablished prior to the construction activities at site and sampling shall be conducted as per the recommendations outline in this EMP.
	ADMINISTRATION
34.	The project proponent is to including the EIA approval conditions as part of the Contract Document for all contract involved with the development of the project and all EIA approval conditions shall have to be complied accordingly.	The project proponent will undertake full responsibilities for the EIA approval conditions and will include it under the contract to other contractor where applicable.
35.	The DOE’s Office in (name of affected states/provinces) is to informed in writing, the actual dates the project begin not later than 14 days after the project starts and 14 days after the project completed.	The DOE’s Office in (name of affected states/provinces) will be informed on the commencement
36.	The DOE is to be informed in writing of any changes in the management or ownership of the project. The EIA approval conditions are to be included in any change in ownership for the Proposed Project.	The DOE shall be informed if there are any changes in the management of the project.
37.	A copy of the EIA approval conditions together will all the relevant documents  that forms part of the EIA approval conditions are to be exhibited in a suitable place at the project site from the date of earthworks .	A copy of the EIA approval condition shall be exhibited at all the site offices identified for the project.

Personal Comment

Item-8 & 10; ‘close to houses’ – specifying the distance is a better option;

Item – 8;       ‘cross-over’ or ‘cross-under’ the culvert?

Item-10;        Imposing restricted noise level is relevant. But these arbitraries seemed least realistic; as in remote village or areas with almost minimal human activities the noise measurement are generally at much lower range about 30 – 40 dBA. Say, imposing a 55dBA in the day as the project starts would disallow heavy machineries such as prime-movers, generator-sets, back-hoe, excavators, etc. to work there as they are powered by large and noisy diesel engines. However, the noise level for the electric train operation (item-11) may be applicable as noise is presumed to be generated from the sound of frictions only.

Item-12 & 14; I have imparted and shared with participants in most of my training on Pollution & Control that; the brick-wall noise barrier is not a good solution simply because it’s an eye-sore to sights and seeing. For and electric train when noise is far less it is much more favorable to have ‘green-walls’ from dense shrubs species that could be planted and maintained at just 4 feet height. It could also hinder wild animals from crossing the rail track when they are planted in a correct configuration. (see picture below)

Item-16; should alter the last part of the sentence to ‘to reduce sedimentation of receiving water bodies from surface run-off’

Personal Inference

These terms and conditions are adequate to prevent the occurrence of environmental impact in the form of water, noise, air and groundwater pollution at a severity level which is conspicuous to the public, if adhered to promptly. Of course, some may argue that this project has maimed the bio-diversity and geological settings of the affected earth profiles. My simple answer to this argument is: All human activities do affect the environment, and, there is no absolute solution to pollution! But, at least this project is a public transport, well, inevitably incurring some cost to our environment but, it’ll help the people to travel conveniently, and, the dispersed emission from automobile if they drive cars, are now centralized at power generation plant that powers these electrified trains. Apparently, I believe, from the viewpoint of Life-Cycle-Assessment, even the electric cars can’t match the environmental economics of these electric trains! In other words, its environmental benefits surpassed its cost. So, how about employing electric tramps or carriages in the cities and residential areas? I sincerely hope that the next batch of ‘Yang Berhormat’ who are entrusted with the transport portfolio be not mere technocrats but instead empathetic environmentalists who are altruistic if not holly-hearted, who’d bring more greener practices for the ‘rakyat’ (people). As from where I am it’s still ‘A Track Too Far’.