35 0 6MB
Hagler Bailly Pakistan
Desalination Plant at Karachi
Environmental Impact Examination Final Report HBP REF.: R7V03WDE
November 27, 2007
Aqualyng Karachi (Private) Limited Karachi
EIA of Desalination Plant at Karachi
Executive Summary Aqualyng Karachi (Pvt.) Ltd (AKPL) intends to set-up a plant near Hawkes Bay, to the east of Karachi, to produce potable water by desalination of seawater. The plant will have a total capacity of 228,000 cubic meter per day (m3/d), to be developed in two phases. This document presents the finding of the environmental impact assessment undertaken of the proposed project. Project Description The proposed project will be located about 30 km to the west of Karachi city center on the Arabian Sea coast. The project location and the surrounding features are shown in Exhibit I. The proposed desalination plant will use Reverse Osmosis (RO) technology to remove salt and other minerals from seawater in order to obtain freshwater suitable for domestic and industrial consumption. The heart of the RO system is the semi-permeable membrane. These membranes act like filters and allow the water molecules to pass through the membranes but separate out the salts. The overall mass balance of the proposed desalination plant will be as follows: D
Raw water intake 23,340 m3/h (TDS level 36,000-40,000 mg/l)
D
Product water 9,504 m3/h (TDS level less than 500 mg/l)
D
Rejected water (brine) 13,846 m3/h (TDS level 60,000-67,000 mg/l)
The power demand of the proposed plant will be about 23 MW for each phase that will be specifically produced at the plant site. Two pipelines, each with a diameter of approximately 1.3 m, will be laid from the desalination plant to Sindh Industrial Trading Estate (SITE). Alternatively, a single pipeline with a diameter of 1.8 m may be laid. The total length of the pipeline will be approximately 33 km. The route of the pipeline will either follow existing roads or will run cross-country on state-owned land. Water intake point will be located about 1,800 m from the shoreline at 10 m sea-depth. The pump station will be sited on a rock-filled levee about 700 m from the shoreline. A single pipeline of 2 m diameter will run from the pumping station to the shoreline on a rock-filled levee. The brine discharge point will be located at a point about 1 km north of the intake point and about 900 m from the shoreline. The discharge will take place through several venturi diffusers to enhance brine dilution and dispersion. Potential Impacts The key environmental issues and the proposed mitigation measures are discussed below. Visual Intrusion: Physical presence of the desalination plant and the marine structure are unlikely to have significant impact on the aesthetics value of the project area. The height
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Executive Summary
ii
EIA of Desalination Plant at Karachi
of the proposed plant will be similar to the existing structures on the shoreline. Further due presence of a hill in the background when seen from the east, it is unlikely that the plant will have any conspicuous appearance. The rock-filled levee will extend to about 800 m into the sea and will be about 2-3 m above the sea level. Under good viewing conditions the levee would be visible from a distance of few hundred meters. Mitigation measures proposed to minimize the visual impact of the proposed plant include planting of suitable flora around the plant boundary, landscaping, and using a color scheme that harmonizes with the surrounding structure. Construction Impact: The construction impact of the desalination plant and the export pipeline that were considered include noise, dust, soil contamination, camp effluent, and vehicle and equipment exhaust. Most of the construction phase environmental impacts can be mitigated by developing a sound construction management plan. A construction phase environmental management plan is appended to the report. Brine Disposal: The effluent from the desalination plant will be the brine produced after treatment of sea water. The Arabian, on the average, has salinity between 35 and 37‰ (parts per thousand) in the coastal water during most of the year. The reject brine from the desalination plant will contain nearly 66‰ of salt. The brine discharge point will be located at a distance of about 1 km from the shoreline. The maximum anticipated increase in seawater salinity at the shoreline is about 1%, whereas the maximum anticipated average increase within a radius of 200 m around the discharge point would be less than 2%. Fishing: A marine structure consisting of a rock-filled levee will be constructed that will extend to about 800 m into the sea. As most of the commercial fishing in the area is undertaken in deeper water, typically 10-20 km from the shoreline, the impact of the intake line on the fishing activities is likely to be insignificant. Marine Life: The Green Turtle (Chelonia mydas) and Olive Ridley (Leidochelys) are found on the shore of the Karachi coast, on the Hawkes bay and Sands pit, along a stretch of 35 km. Both are endangered species (Firdous, 1988). The green turtle, the more common species in Sindh, breeds throughout the year with a maximum nesting period during the months of October and November, whereas the peak breeding season of Olive Ridley turtle, a comparatively smaller species, is between August and December. The areas close to the proposed site are considered feeding ground for the turtles. The main breeding areas are located either near Cape Monze or near Sand Spit. Hatcheries of the turtles are also established at Sand Spit. Presence of a rock filled levee extending about 700 m into the sea is therefore not expected to limit the access of the turtles to the feeding or the breeding grounds in the project area. The area taken up by the project at the beach by the intake and outfall pipe would be insignificant compared to the total length of the beach. No loss of breeding ground is envisaged as the project site is located at a distance of about 5 km from the breeding grounds at Cape Monze, and at about 10 km from the breeding grounds at Sand Spit. The change in sea salinity due to brine disposal is marginal (less than 1% at the shoreline compared to nearly 5% of natural variation). To avoid the potential impact of the construction on the turtle nesting and feeding, no construction work or major maintenance work in the sea will be undertaken between
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Executive Summary
iii
EIA of Desalination Plant at Karachi
August and December; the construction activities on the beach would be minimized; no camps, quarrying, storage, or equipment yard will be established at the beach; and to minimize any likely impact on the migration breaks in the rock-filled levee will be provided. Coastal Erosion: The cliffs that define the shoreline are made of soft material, mostly sandstone, with occasion intrusion of rock. The impact of weathering on the cliff is very prominent. Continued activity on the seafront will lead to loosening up of soil, making the surface prone to erosion from wind and water. Erosion control measures are part of good engineering practice that will be employed to prevent accelerated erosion of the cliff overlooking the beach. Solid waste management: In the absence of national or domestic regulations and a waste management system in the project area, waste management plan in line with good environmental practice will be developed for the disposal of waste. This will include keeping records of solid waste generated at the site; segregation of waste; maximizing recycling and reuse; storage and handling of hazardous materials in accordance with their hazard characteristics; disposal to approved facilities; and regular waste audits. Socioeconomic Impact: No direct or indirect adverse social impact of the desalination plant is expected on local communities, due to their safe distance from the installations and site. Two direct benefits, employment during the construction of the plant and benefits of the road to and around the plant are envisaged. Conclusion Based on the assessments, it is concluded that the residual impacts of the project would be within acceptable limits provided the projects is undertaken as described in the report and the mitigation measures described in the report are implemented. To ensure this an environmental management and monitoring system has been developed.
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Executive Summary
iv
EIA of Desalination Plant at Karachi
Exhibit I: Project Area and Surrounding
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Executive Summary
v
EIA of Desalination Plant at Karachi
Abbreviations AKPL
Aqualyng Karachi (Pvt.) Ltd.
CDGK
City District Government of Karachi
EEZ
Exclusive Economic Zone
EIA
Environmental Impact Assessment
ENSO
EI Nino-Southern Oscillations
EPA
Environmental Protection Agency
g
acceleration due to gravity
HBP
Hagler Bailly Pakistan
HHW
Higher High Water
HLW
Higher Low Water
HSE
Health, Safety, and Environment
IEE
Initial Environmental Examination
IEE-EIA Regulations 2000
Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental impact Assessment Regulations 2000
IUCN
World Conservation Union [International Union for Conservation of Nature and Natural Resources]
KESC
Karachi Electric Supply Corporation
KANUPP
Karachi Nuclear Power Plant
KWSB
Karachi Water and Sewerage Board
LHW
Lower High Water
LLW
Lower Low Water
MFD
Marine Fishries Department
NCS
[Pakistan] National Conservation Strategy
NE
Northeast
NEQS
National Environmental Quality Standards
NGO
Non-Governmental Organizations
Pak-EPA
Pakistan Environmental Protection Agency
PEPA 1997
Pakistan Environmental Protection Act 1997
RO
Reverse Osmosis
SEPA
Sindh Environmental Protection Agency
SIA
Social Impact Assessment
SST
Sea Surface Temperature
SW
Southwest
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Abbreviations
vi
EIA of Desalination Plant at Karachi
SWD
Sindh Wildlife Department
SWPO 1972
Sindh Wildlife Protection Ordinance 1972
TDS
Total Dissolved Solids
TMA
Town Municipal Administration
TSS
Total Suspended Solids
US$
United States Dollar
WWF
World Wildlife Fund
Units %
Percentage
‰
Parts per thousand
dB
Decibel
ft
Foot 3
g C/m
Gram Carbon per Cubic Meter
g/l
Gram per liter
in
3
Cubic inch
kg
Kilogram
kHz
Kilo Hertz
km
Kilometers 2
km
Square Kilometer
km3
Cubic Kilometers
m
Meters
m/s
Meter per Second
3
Cubic Meter
3
m /d
Cubic Meter per Day
MAF
Million Acre Feet
m
mg/l
Milligrams Per Liter 3
mg/Nm
Milligrams per Newton Cubic Meter
migpd
million imperial gallons per day
ml/l
Milliliter per Liter
mm
Millimeter
mm/yr
Millimeter per Year
MW
Megawatt
nm
Nautical Miles
o
C
Degree Celcius
ppm
Parts per million
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Abbreviations
vii
EIA of Desalination Plant at Karachi
Contents 1.
2.
3.
Introduction...................................................................................... 1-1 1.1
Project Proponents .................................................................................... 1-1
1.2
Introduction to the EIA Study ................................................................... 1-1 1.2.1 Purpose of the Study ......................................................................... 1-1 1.2.2 Scope of the EIA ................................................................................ 1-2 1.2.3 Approach and Methodology ............................................................... 1-2
1.3
Organization of this Report ....................................................................... 1-3
Statutory Requirements and Guidelines ....................................... 2-1 2.1
Constitutional Provision ........................................................................... 2-1
2.2
Environmental Laws .................................................................................. 2-1 2.2.1 Pakistan Environmental Protection Act 1997..................................... 2-2 2.2.2 Other Environmental Laws ................................................................ 2-2
2.3
Specific Requirements .............................................................................. 2-2 2.3.1 Environmental Assessment ............................................................... 2-2 2.3.2 National Environmental Quality Standards ........................................ 2-3 2.3.3 Hazardous Waste .............................................................................. 2-3 2.3.4 Wildlife Management ......................................................................... 2-3 2.3.5 Archeological Relics .......................................................................... 2-4
2.4
Guidelines................................................................................................... 2-4 2.4.1 The Federal EPA’s Pakistan Environmental Assessment Procedures ........................................................................................ 2-4 2.4.2 World Bank Guidelines on Environment ............................................ 2-5
2.5
Requirement of the Equator Principles ................................................... 2-5
Project Description.......................................................................... 3-1 3.1
Project Location ......................................................................................... 3-1
3.2
Desalination Process ................................................................................. 3-1
3.3
Supplies ...................................................................................................... 3-2
3.4
Emission and Effluent ............................................................................... 3-2
3.5
Export pipeline ........................................................................................... 3-3
3.6
Water Intake and Outfall ............................................................................ 3-3
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Contents
viii
EIA of Desalination Plant at Karachi
4.
5.
Description of the Environment ..................................................... 4-1 4.1
Terrestrial Environment ............................................................................ 4-1 4.1.1 Topography and Geology .................................................................. 4-1 4.1.2 Seismicity of the Project area ............................................................ 4-2 4.1.3 Climate............................................................................................... 4-2 4.1.4 Water Resources ............................................................................... 4-4
4.2
Biological Environment ............................................................................. 4-5 4.2.1 Flora .................................................................................................. 4-5 4.2.2 Fauna ................................................................................................ 4-6
4.3
Social Environment ................................................................................... 4-7
4.4
Marine Environment of the Sindh Coast ................................................ 4-10 4.4.1 Physical Environment ...................................................................... 4-10 4.4.2 Dynamic Processes and Hydrological Changes .............................. 4-12 4.4.3 Chemical Oceanographic Aspect .................................................... 4-14 4.4.4 Marine Pollution ............................................................................... 4-15 4.4.5 Marine Resources............................................................................ 4-16
Environmental Impacts and Mitigation ......................................... 5-1 5.1
Scoping ....................................................................................................... 5-1
5.2
Impact Assessment Methodology ............................................................ 5-2
5.3
Alternatives ................................................................................................ 5-3 5.3.1 Management Options ........................................................................ 5-3 5.3.2 Location Options ................................................................................ 5-4 5.3.3 Technology Options ........................................................................... 5-5 5.3.4 Water Intake and Brine Disposal Options .......................................... 5-5
5.4
Impact Associated with Project Design ................................................... 5-5 5.4.1 Visual Intrusion .................................................................................. 5-5
5.5
Impacts Associated with Construction Activities ................................... 5-7 5.5.1 Construction Noise ............................................................................ 5-7 5.5.2 Dust Emission .................................................................................... 5-9 5.5.3 Vehicle and Equipment Exhaust ...................................................... 5-11 5.5.4 Soil Contamination........................................................................... 5-12 5.5.5 Camp Effluent .................................................................................. 5-14
5.6
Impacts Associated with Plant Operation ............................................. 5-14 5.6.1 Brine Disposal.................................................................................. 5-15 5.6.2 Fishing ............................................................................................. 5-16 5.6.3 Marine Life ....................................................................................... 5-16 5.6.4 Soil erosion ...................................................................................... 5-18 5.6.5 Solid Waste Management................................................................ 5-19
5.7
Socioeconomic Impact ............................................................................ 5-22
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Contents
ix
EIA of Desalination Plant at Karachi
6.
Conclusion ....................................................................................... 6-1
7.
References ....................................................................................... 7-1
Appendices Appendix A: National Environmental Quality Standards Appendix B: Compliance Statement with Equator Principles Appendix C: Social Impact Assessment Appendix D: Brine Dispersion Modeling Appendix E: Environmental Management Plan
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Contents
x
EIA of Desalination Plant at Karachi
Exhibits Exhibit 1.1:
Project Location ..................................................................................... 1-4
Exhibit 2.1:
National Environmental Quality Standards for Municipal and Liquid Industrial Effluents Discharged to Sea ................................................... 2-7
Exhibit 2.2:
National Environmental Quality Standards for Industrial Gaseous Emissions ............................................................................................... 2-9
Exhibit 3.1:
Project Area and Surrounding ................................................................ 3-4
Exhibit 3.2:
Basic Flow Diagram of an RO System ................................................... 3-5
Exhibit 3.3:
Plant Layout ........................................................................................... 3-6
Exhibit 3.4:
Chemical Dosing and Storage ............................................................... 3-8
Exhibit 3.5:
Pipeline Route ........................................................................................ 3-9
Exhibit 3.6:
Water Intake and Brine Disposal.......................................................... 3-11
Exhibit 4.1:
Climate of the Project Area .................................................................. 4-18
Exhibit 4.2:
Socioeconomic Survey Locations ........................................................ 4-19
Exhibit 5.1:
Beach and the Shoreline near the Project Site .................................... 5-24
Exhibit 5.2:
Erosion-prone Shoreline Material......................................................... 5-24
Exhibit 5.3:
Deep Ravines along the Shoreline....................................................... 5-25
Exhibit 5.4:
Holiday Huts and Settlements on the Beach........................................ 5-26
Exhibit 5.5:
Shoreline Development between Paradise Point and Proposed Site .. 5-27
Exhibit 5.6:
Cape Monze ......................................................................................... 5-27
Exhibit 5.7:
World Bank Recommended Noise Levels............................................ 5-28
Exhibit 5.8:
WHO Guideline Values for Community Noise in Specific Environments.......................................................................... 5-28
Exhibit 5.9:
Ambient Air Quality in Karachi ............................................................. 5-28
Exhibit 5.10: Waste at Proposed Plant Site .............................................................. 5-29
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Exhibits
xi
EIA of Desalination Plant at Karachi
1. Introduction Aqualyng Karachi (Pvt.) Ltd (AKPL) intends to set-up a plant near Hawkes Bay, to the east of Karachi (see Exhibit 1.1), to produce potable water by desalination of seawater. The plant will be based on reverse osmosis technology and will have a total capacity of 228,000 cubic meter per day (m3/d)1, to be developed in two phases. According to Pakistan’s environmental laws, AKPL is required to undertake an environmental impact assessment (EIA) of the proposed project. The EIA, carried out by Hagler Bailly Pakistan (HBP) on behalf of AKPL, is documented in this report. 1.1
Project Proponents
AKPL is a subsidiary of Aqualyng AS, a Norwegian company that specialized in delivering desalination plants for production of all qualities of water. Aqualyng AS develops, fabricates, sells, operates and services desalination plants, and has installed successful plants since 1999. Aqualyng AS is also in the process of developing a 20,000 m3/d desalination plant at Gwadar. 1.2
Introduction to the EIA Study
1.2.1
Purpose of the Study
The ultimate objectives of this study is to assess the proposed project in light of the national environmental regulations and worldwide good environmental practices to determine whether the potential environmental impact of the proposed project are within the acceptable limits and, if needed, propose appropriate mitigation measures to reduce the potential impact to acceptable levels. Specifically, the objectives are to:
1
D
Assess the existing environmental conditions in the project area, and identify environmental sensitivities
D
Assess the proposed activities to identify their potential impacts, evaluate the magnitude of the impacts, and compare the impact with the significance criteria
D
Propose appropriate mitigation and monitoring measures that can be incorporated into the design of the proposed activities to minimize any damaging effects or any lasting negative consequences identified by the assessment
D
Assess the proposed activities and determine whether they comply with the relevant environmental regulations in Pakistan
D
Prepare an EIA report for submittal to the Sindh Environmental Protection Agency (SEPA).
Equals to 50 million imperial gallons per day (migpd)
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Introduction
1-1
EIA of Desalination Plant at Karachi
1.2.2
Scope of the EIA
This EIA assesses the potential impacts of the design, construction, and operation of the Phase I (114,000 m3/d) and Phase II (114,000 m3/d) of the proposed desalination plant. It also covers the water pipeline to be laid from the proposed plant site to the city. 1.2.3
Approach and Methodology
The EIA was performed in phases as outlined below. Project Data Compilation: Information about the project was sought from AKPL and compiled. This included information on the offshore seismic survey methodology, specifications of seismic survey requirement, infrastructure, personnel management, and schedules. Published Literature Review: Secondary data on marine life and aquatic habitat was reviewed and compiled. The activity focused on ecologically important areas, geology and geomorphology, bathymetry, climate and hydrometeorology, dynamic processes and hydrological changes, chemical oceanographic aspect, existing marine pollution level, proposed sea route, and plant and animal habitat types. Legislative Review: Information on relevant legislation, regulations, guidelines, and standards was reviewed and compiled. Scoping: The information collected in the previous steps was reviewed and the potential environmental issues were identified. Field survey: Survey was undertaken to collect information on the environmental conditions of the project area. The socioeconomic survey was undertaken by Raasta Development Consultants. Public Consultation: Public consultation for the proposed project was undertaken as part of the socioeconomic study. During this process, the scope of the project was disclosed to the communities that were surveyed and consulted. As no communities are located in the close proximity of the proposed project site, no concerns were recorded. Further disclosure and consultation will be undertaken as part of the regulatory public disclosure exercise that will be undertaken after the submission of the EIA to the SEPA. Impact Assessment: The environmental, socioeconomic, and project information collected in the previous phases was used to assess the potential impacts of the proposed project. Wherever possible and applicable, the discussion covers the following aspects: D
The present baseline conditions
D
Identification of potential impacts
D
Likelihood and significance of potential impacts
D
Mitigation measures to reduce impacts to as low as possible
D
Implementation of mitigation measures (ie, environmental management)
The brine dispersion analysis was undertaken by Zishan Engineers (Pvt.) Limited, Karachi.
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Introduction
1-2
EIA of Desalination Plant at Karachi
Report Production: This EIA report has been produced at the end of the study. 1.3
Organization of this Report
Section 2 of this report contains an overview of statutory requirements and guidelines that are relevant to the proposed project and to this EIA. Section 3 describes the proposed project while Section 4 describes the project area’s existing environmental conditions, including the natural and socioeconomic environments. An assessment of potential project impacts and mitigation measures are presented in Section 5. Section 6 presents the conclusions of the EIA and finally, Section 7 documents the references.
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Introduction
1-3
EIA of Desalination Plant at Karachi
Exhibit 1.1: Project Location (See following page)
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Introduction
1-4
EIA of Desalination Plant at Karachi
2. Statutory Requirements and Guidelines ‘Sustainable development’ is a concept that has emerged over the past four decades to describe a new framework aimed at economic and social development while maintaining the long-term integrity of the ecological system. The principles of sustainable development are in the process of being incorporated into national policies and legislation in Pakistan through various statutory instruments. This chapter describes the current legal responsibilities of the proponent in the context of the environment and sustainable development. 2.1
Constitutional Provision
According to the Constitution of Pakistan, the legislative powers lie with the federal parliament and the legislative assemblies of the four provinces of Pakistan. The Fourth Schedule of the constitution provides two lists of issues. One list, the Federal Legislative List, includes issues on which only the federal government has legislative powers. The second list, the Concurrent Legislative List includes issues on which both the federal and the provincial governments have legislative powers. If a particular legislation passed by a provincial assembly comes into conflict with a law enacted by the national assembly, then according to the constitution, the federal legislation will prevail over the provincial legislation to the extent of the inconsistency. The subject of ‘environmental pollution and ecology’ is included in the concurrent list of the constitution. Thus, allowing both the federal and provincial governments to enact laws on the subject. To date, only the federal government has enacted laws on environment, and the provincial environmental institutions derive their power from the federal law. Article 9 of the constitution defines the right to life as a fundamental right in these words “No person shall be deprived of life or liberty save in accordance with law”. The Supreme Court of Pakistan in its judgment in the case Shehla Zia and others vs WAPDA (1994) declared that the right to a clean environment is part of the fundamental constitutional right to life. 2.2
Environmental Laws
The definition of environmental law can be derived from the legal definition of ‘environment’. In Section 2(x) of the Pakistan Environmental Protection Act 1997 (PEPA 1997) environment is defined to include air, water, land and layers of the atmosphere; living organisms and inorganic matter; the ecosystem and ecological relationships; buildings, structures, roads, facilities and works; social and economic conditions affecting community life; and the interrelationship between these elements. From this definition, an environmental law can be considered to include all laws that are designed to, or that directly or indirectly affect, the management of natural resources including the control of pollution of these natural resources.
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-1
EIA of Desalination Plant at Karachi
By this definition, environmental laws include a) laws that have been specifically enacted to protect the environment such as the Pakistan Environmental Protection Act 1997, and b) laws relating to subject such as forest, water resources, wildlife, land, agriculture, health, and town planning. 2.2.1
Pakistan Environmental Protection Act 1997
The PEPA 1997 is the basic legislative tool empowering the government to frame regulations for the protection of the environment. The act is applicable to a broad range of issues and extends to air, water, soil, marine, and noise pollution, as well as to the handling of hazardous wastes. A number of instruments have been promulgated under the PEPA 1997. Some of these are: D
Environmental Samples Rules 2001
D
Pollution Charge for Industry (Calculation and Collection) Rules 2001
D
Provincial Sustainable Development Fund Board (Procedure) Rules 2001
D
National Environmental Quality Standards (Certification of Environmental Laboratories) Regulations 2000
D
The National Environmental Quality Standard (Self-Monitoring and Reporting by Industry) Rule 2001
D
Pakistan Environmental Protection Agency Review of IEE and EIA Regulations 2000
D
National Environmental Quality Standards 1993
D
Hospital Waste Management Rules 2005
2.2.2
Other Environmental Laws
There is a long list of laws that fall in the category of environmental law or have provisions that can affect environmental management. Some of the relevant ones are listed below: D
Sindh Wildlife Protection Ordinance 1972
D
The Antiquities Act 1975
D
Land Acquisition Act 1894
D
Factories Act 1934
2.3 2.3.1
Specific Requirements Environmental Assessment
Section 12(1) of the Pakistan Environmental Protection Act 1997 requires that “No proponent of a project shall commence construction or operation unless he has filed with the Federal Agency an initial environmental examination or, where the project is likely to
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-2
EIA of Desalination Plant at Karachi
cause an adverse environmental effect, an environmental impact assessment, and has obtained from the Federal Agency approval in respect thereof.” The Pakistan Environmental Protection Agency Review of Initial Environmental Examination and Environmental impact Assessment Regulations, 2000 (IEE-EIA Regulations 2000) provide the necessary details on the preparation, submission, and review of the IEE and the environmental impact assessment (EIA). The regulation categorizes the projects on the basis of anticipated degree of environmental impact. Project types that are likely to have significant adverse impact are listed in Schedule II of the regulations and require an EIA. Project that are not likely to have significant adverse impact, are listed in Schedule I and require an IEE to be conducted, rather than a fullfledged EIA, provided that the project is not located in an environmentally sensitive area. Water supply schemes and treatment plants with total cost twenty-five million rupees (about US $0.4 million) are included in Schedule II and hence require an EIA. 2.3.2
National Environmental Quality Standards
Section 11(1) of the Act states that “Subject to the provisions of this Act and the rules and regulations made thereunder, no person shall discharge or emit, or allow the discharge or emission of, any effluent or waste or air pollutant or noise in an amount, concentration, or level which is in excess of the National Environmental Quality Standards.” The Pakistan Environmental Protection Agency has published National Environmental Quality Standards that will be applicable to the proposed project. The NEQS were first promulgated in 1993 and were amended in 1995 and 2000. The NEQS for liquid effluents discharged to sea and gaseous emission from industrial sources are provided in Exhibit 2.1 and Exhibit 2.2, respectively. These standards will be applicable to the gaseous emissions and liquid effluents discharged to the environment from the proposed project. 2.3.3
Hazardous Waste
Section 14 of the Act requires that “Subject to the provisions of this Act, no person shall generate, collect, consign, transport, treat, dispose of, store, handle, or import any hazardous substance except (a) under a license issued by the Federal Agency and in such manner as may be prescribed; or (b) in accordance with the provisions of any other law for the time being in force, or of any international treaty, convention, protocol, code, standard, agreement, or other instrument to which Pakistan is a party.” Enforcement of this clause requires the Pakistan Environmental Protection Agency (PakEPA) to issue regulations regarding licensing procedures and to define ‘hazardous substance.’ Pak-EPA has drafted and circulated the regulations but these are not yet enacted and therefore are not legally binding. 2.3.4
Wildlife Management
The Sindh Wildlife Protection Ordinance 1972 (SWPO 1972) was enacted to protect Sindh’s wildlife resources directly and other natural resources indirectly. It classifies wildlife by degree of protection, ie, animals that may be hunted on a permit or special
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-3
EIA of Desalination Plant at Karachi
license, and species that are protected and cannot be hunted under any circumstances. The Ordinance specifies restrictions on hunting and trade in animals, trophies, or meat. The Ordinance also provides for the creation of three classes of special protected areas: national parks (Section 15), wildlife sanctuaries (Section 14), and game reserves (Section 16). Although the project area is not located in any protected area, it is possible that species of concern may be present in the region as resident or transient populations. The distribution of these species and the possible impact of project activities on them have been addressed in this report. 2.3.5
Archeological Relics
The Antiquities Act of 1975 ensures the protection of Pakistan’s cultural resources. The Act defines ‘antiquities’ as ancient products of human activity, historical sites, sites of anthropological or cultural interest, national monuments, etc. This act is designed to protect these antiquities from destruction, theft, negligence, unlawful excavation, trade, and export. The law prohibits new construction in the proximity of a protected antiquity and empowers the Government of Pakistan to prohibit excavation in any area that may contain articles of archaeological significance. Under this act, the project proponents are obligated to: D
Ensure that no activity is undertaken in the proximity of a protected antiquity
D
Report to the Department of Archaeology and Museums, Government of Pakistan, any archaeological discovery made during the course of the project.
Since no known archaeological sites are found in the proposed project area no provision of this law is applicable to the proposed project. 2.4
Guidelines
International donor agencies, such as the World Bank, have been at the forefront of the preparation of guidelines for conducting EIAs. 2.4.1
The Federal EPA’s Pakistan Environmental Assessment Procedures
The Federal EPA has published a set of environmental guidelines for conducting environmental assessments and the environmental management of different types of development projects. The guidelines that are relevant to the proposed project are listed below, followed by comments on their relevance to the proposed project: D
Policy and Procedures for Filing, Review and Approval of Environmental Assessments, Pakistan Environmental Protection Agency, September 1997 These guidelines define the policy context and the administrative procedures that will govern the environmental assessment process, from the project pre-feasibility stage, to the approval of the environmental report. The section on administrative procedures has been superseded by the IEE-EIA Regulations, 2000.
D
Guidelines for the Preparation and Review of Environmental Reports, Pakistan Environmental Protection Agency, 1997
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-4
EIA of Desalination Plant at Karachi
The guidelines on the preparation and review of environmental reports target the project proponents and specify: F
The nature of the information to be included in environmental reports
F
The minimum qualifications of the EIA conductors appointed
F
The need to incorporate suitable mitigation measures at every stage of project implementation
F
The need to specify monitoring procedures.
The terms of reference for the reports are to be prepared by the project proponents themselves. The report must contain baseline data on the project area, detailed assessment thereof, and mitigation measures. D
Guidelines for Public Consultation, Pakistan Environmental Protection Agency, May, 1997 and Guidelines for Sensitive and Critical Areas, Pakistan Environmental Protection Agency, October, 1997 This set of guidelines mainly supports the two previous guidelines mentioned above. The former deal with possible approaches to public consultation and techniques for designing an effective program of consultation that reaches out to all major stakeholders and ensures the incorporation of their concerns in any impact assessment study. The guidelines on sensitive areas are more specific in that they identify the officially-notified protected areas in Pakistan, including critical ecosystems, archeological sites, etc., and present checklists for environmental assessment procedures to be carried out inside or in the vicinity of such sites. Environmentally sensitive areas include, among others, archeological sites, biosphere reserves and natural parks, and wildlife sanctuaries and preserves. The guidelines state that the approach recommended in the document should extend to areas in the vicinity of such sensitive and critical sites, although the term ‘vicinity’ is not explicitly defined.
D
Sectoral Guidelines—Water Supply Project, Pakistan Environmental Protection Agency, December 1997 These guidelines provide information on treatment processes and desired water quality standards.
2.4.2
World Bank Guidelines on Environment
The principal World Bank publications that contain environmental guidelines are the Pollution Prevention and Abatement Handbook: Towards Cleaner Production (World Bank, 1999) and the Environmental Health and Safety Guidelines 2007 (World Bank, 2007). 2.5
Requirement of the Equator Principles
The leading banks and other institutions around the world involved in project finance have adopted the “Equator Principles” as a common framework to assess and manage the environmental and social risks in project financing. In essence, the financing institutions
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-5
EIA of Desalination Plant at Karachi
adhering to the Equator Principles have agreed to use the same environmental standards as that of the World Bank Group's International Finance Corporation (IFC). IFC applies a set of performance standards to manage social and environmental impacts of the project that it finances. Together, the eight performance standards (PS) are: PS 1: Social and Environmental Assessment and Management System PS 2: Labor and Working Conditions PS 3: Pollution Prevention and Abatement PS 4: Community Health, Safety and Security PS 5: Land Acquisition and Involuntary Resettlement PS 6: Biodiversity Conservation and Sustainable Natural Resource Management PS 7: Indigenous Peoples PS 8: Cultural Heritage Performance Standard 1 establishes the importance of: (i) integrated assessment to identify the social and environmental impacts, risks, and opportunities of projects; (ii) effective community engagement through disclosure of project-related information and consultation with local communities on matters that directly affect them; and (iii) the client’s management of social and environmental performance throughout the life of the project. Performance Standards 2 through 8 establish requirements to avoid, reduce, mitigate or compensate for impacts on people and the environment, and to improve conditions where appropriate. While all relevant social and environmental risks and potential impacts should be considered as part of the assessment, Performance Standards 2 through 8 describe potential social and environmental impacts that require particular attention in emerging markets. Where social or environmental impacts are anticipated, the client is required to manage them through its Social and Environmental Management System consistent with Performance Standard 1. The EIA has been conducted in compliance with the provisions of the Equator Principles. In Appendix B, the performance of the proposed project has been compared with each of the Equator Principles.
Hagler Bailly Pakistan R7V03WDE: 11/27/07
Statutory Requirements and Guidelines
2-6
EIA of Desalination Plant at Karachi
Exhibit 2.1: National Environmental Quality Standards for Municipal and Liquid Industrial Effluents Discharged to Sea (mg/l, unless otherwise defined) No.
Parameter
Standard
a
1.
Temperature increase
2.
pH value
=