Annex 8. Environmental Guidelines

KYRGYZ REPUBLIC

Community Development and Investment Agency

Agentstvo Razvitiya i Investirovaniya Soobschestv (ARIS)

Second Village Investment Project

Updated

GUIDELINES

for

Environmental Review

of

Micro-projects

1 May 2006

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CONTENTS

  1. Purpose and Content
  2. National Regulations
  3. World Bank Safeguard Policies
  4. Micro-project Activities
  5. Vulnerability and Risk
  6. Environmental Screening Categories
  7. Environmental Screening and Review Process
  8. Environmental Assessment
  9. Steps in the Environmental Review Process
  10. Reporting
  11. Management Responsibility

Annexes

Annex AScreening Categories, Micro-project Eligibility and Types of Projects Requiring Environmental Review or Assessment

Annex BEnvironmental Screening Checklist

Annex CField Site Visit Checklist

Annex DEnvironmental Impacts and Mitigation Measures for

Representative Micro-projects

Annex EContent of an Environmental Assessment and Environmental Mitigation Plan (EMP) (EMP and Monitoring Plan formats)

Annex FFinal Environmental Assessment Checklist

Annex GWorld Bank Safeguard Policies and Web Links

Annex HOverview of the Environmental Screening and Review Process

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  1. Purpose and Content

The purpose of these Guidelines is to provide ARIS Community Development and Support Officers (CDSOs) and technical experts with a set of procedures and technical guidance that will assist them to:

(i) determine the potential environmental impacts of micro-projects to be financed by Community Grants provided by the ARIS;

(ii) identify mitigation measures to be built into micro-projects to minimize these impacts; and,

(iii) define monitoring requirements to ensure that agreed mitigation measures are carried out and are effective in minimizing environmental impacts.

  1. National Regulations

National laws and regulations do not clearly distinguish between Environmental Assessment and Environmental Impact Assessment as used by the World Bank in OP 4.01. In the Kyrgyz Republic the term “Environmental Impact Assessment” is used even for relatively simple analysis of potential environmental consequences of relatively benign activities with relatively small or trivial potential impacts. By local convention, the term EIA is used when the terms “environmental assessment” or “environmental review” as used by the World Bank would be more accurate and appropriate.

In national usage, EIA is a process of analyzing the potential environmental impact of an intended activity and forecasting consequences for the environment and human health. “Ecological Expertise” or EE refers to the process of review and evaluation of documentation and physical interventions that is carried out subsequent to EIA and the implementation of prescribed mitigation measures.

As used in the Kyrgyz Republic, EIA is a procedure of consideration of environmental requirements. This procedure is implemented during project preparation (at the project design stage). In contrast, “Ecological Expertise” or EE is used to reflect “ascertainment of compliance” of already completed construction with environmental requirements and “determination of admissibility” with regard to decisions following completion of construction to permit operations.

Projects having minor environmental impacts undergo review (expertise) at the level of territorial environmental protection divisions (raion or oblast), and those having potentially major environmental impacts undergo review at the national level of the State Agency on Environmental Protection and Forestry (SAEPF).

Kyrgyz law requires that EIA (including environmental assessment and environmental review) is carried out by the project initiator in conformance with current standards.

Lists of the types of activities that require and do not require EIA are given in Annex A. Requirements for activities and installations not included in these lists are determined on a case-by-case basis by the State Agency on Environmental Protection and Forestry.

The principle regulatory instruments that outline the requirements and processes for Environmental Impact Assessment and Review (EE) are, respectively:

  • Instructions on the Implementation of Environmental Impact Assessment (EIA) of Intended Activity in the Kyrgyz Republic approved by the Decree of the Minister of Environmental Protection as of July 27, 1997, coordinated with the Ministry of Health and Ministry of Architecture and Construction, and registered with the Ministry of Justice as of October 15, 1997; and,
  • Instructions on the Implementation of State Ecological Expertise of Pre-project, Project and Other Materials and Documents in the Kyrgyz Republic (approved by the Minister of Environmental Protection, and registered by the Ministry of Justice of the Kyrgyz Republic as of October, 15, 1997).

To avoid unnecessary overburdening of the local environmental authorities with review and evaluation of small scale projects, the ARIS has adopted a policy of transparent documentation of project designs and active engagement with local environmental authorities at an early stage in the micro-project cycle. The ARIS has developed a set of standardized procedures for rigorous screening and scoping of prospective micro-projects at an early stage in the micro-project cycle. Details of ARIS procedures are given in these Guidelines and the attached annexes.

  1. World Bank Safeguard Policies

The principal documents that guide and describe the World Bank’s EA policies are its Operational Policy (OP) and Bank Procedure (BP) 4.01 on Environmental Assessment. EA is one of ten “Safeguard Policies” that projects must comply with to remain eligible for Bank financing. These key policies are intended to ensure that potentially adverse environmental and social consequences of Bank financed projects are identified, minimized and mitigated. The ten safeguard policies define Bank requirements in project lending with regard to:

  • Environmental Assessment (OP/BP 4.01),
  • Natural Habitats (OP/BP 4.04),
  • Pest Management (OP 4.09),
  • Cultural Property (OP4.11),
  • Involuntary Resettlement (OP/BP 4.12),
  • Indigenous Peoples (OP/BP 4.10);
  • Forests (OP/BP 4.36),
  • Safety of Dams (OP/BP 4.37),
  • Projects on International Waterways (OP/BP 7.50) and,
  • Projects in Disputed Areas (OP/BP 7.60).

The first eight of these are addressed in the course of the EA review process. Excerpts of the pertinent sections of World Bank Safeguard Policies and Procedures related to environmental assessment and web links to the appropriate reference documents (World Bank OP/BP’s) are provided in Annex G of these Guidelines.

  1. Probable Micro-project Activities

It is not possible to anticipate all of the activities for which project financing may be requested. Micro-projects will include the renovation, rehabilitation and expansion of existing community infrastructure, extension of critical services to improve economic returns realized by rural communities, and a number of small and medium enterprise development projects to increase the income and economic well-being of rural residents.

  1. Vulnerability and Risks

The direct and residual impacts of individual micro-projects to be financed under the ARIS are expected to be small and easily mitigated through project design and the monitored adherence to good environmental practice during construction and operations. Cumulative impacts will be avoided or minimized by taking into account the potential environmental effects of micro-projects in the preparation of aiyl okmotu level investment strategies and plans, maintaining records on the number and types of micro-projects financed, and monitoring of projects that are completed or under implementation.

  1. Environmental Screening Categories

The proposed micro-projects are classified into one of three categories based on the type, location, sensitivity and scale of the micro-project and the magnitude of potential environmental impacts. The three categories are: Category A - High Potential; Category B - Intermediate Potential, and; Category C - Low Potential. Micro-projects classified as Category A will rarely, if at all, be financed under the ARIS. A list of potential micro-projects classified by category and a list of projects that are ineligible for World Bank financing is provided in Annex A.

  1. Environmental Screening and Review Process

A brief overview of the process is given in Annex H.

Screening. The first stage of the environmental review process is the screening of micro-project proposals and concepts for potential impacts and the determination of the level of environmental assessment that will be required. Annex B Part 1 provides an Environmental Screening Checklist to be completed by project proponents with assistance from ARIS staff, consultants or contractors. This will be reviewed by the LIC who, in consultation with the CDSO, will make a preliminary assignment of the environmental risk category and complete Part 2 of the Checklist.

Based on the Environmental Screening Checklist, the recommendations of the LIC and the CDSO and, if necessary, a field site visit, the ARIS Regional Technical Expert in consultation with the SAEPF State Environmental Inspector (raion level), will determine the extent of environmental assessment that will be required, and recommend good practices to be followed in project design and implementation to mitigate environmental impacts.

Consultation. For Category A or B micro-projects, the LIC will organize a hearing for consultation and comment by project-affected groups and local non-governmental organizations during the environmental assessment process and take their views into account before taking a decision on financing a proposed project. The project proponent provides relevant materials (process descriptions, maps, permits, building plans, etc.) to participants in the consultation in a timely manner and in a form and language that are understandable to the group being consulted. The CDSO describes and records consultations held on the Environmental Screening Checklist and completes Part 3 with assistance from the regional Technical Expert, if needed (Annex B Part 3).

Public Disclosure. For Category A or B projects for which an environmental assessment is prepared, the draft assessment report is made available at a public place accessible to project-effected groups. This would usually be the raion or oblast level office of SAEPF. After taking into account comments received, the draft Environmental Assessment is finalized. The ARIS will retain a copy of the report for its records and possible review by World Bank supervision missions.

  1. Environmental Assessment

In Annex A, a list of potential micro-projects is provided, classified by “risk” category, and ineligible project types are identified. Annex D provides a description of potential environmental impacts and mitigation measures for representative micro-projects.

For micro-projects classified as Category B an environmental review will be carried out if needed. For most projects a simple Environmental Management Plan (Annex E) will be adequate to guide mitigation and monitoring. For micro-projects that may require a more extensive analysis, the scope and contents of an environmental assessment are also described in Annex E.

An environmental assessment is conducted to identify, predict and evaluate potential impacts and to plan for mitigation measures to be incorporated in project design to minimize negative impacts and estimate their costs. The purpose is to anticipate potential consequences and to improve the environmental aspects of projects by minimizing, mitigating or compensating for negative effects through improvements in project design (the preferred approach) or through mitigation measures incorporated into the project.

The project proponent is responsible for preparing the environmental assessment. The ARIS may provide technical support for EA design, preparation of terms of reference and financing for EA preparation.

  1. Steps in the Environmental Review Process

This section outlines the sequence of steps to be carried out for environmental review of micro-projects and the responsibilities of the various participants and state authorities. For most ARIS financed micro-projects such as those involving simple renovations or upgrading of existing infrastructure, only the first three steps in the process will be required.

Step 1: The micro-project proponent prepares an initial project concept for consideration by the LIC. If the project receives preliminary endorsement by the LIC, the proponent completes Part 1 of the Environmental Screening Checklist (see Annex B) with assistance from the CDSO. At this time the proponent initiates discussions with the local environmental authorities (i.e., the SAEPF raion-level environmental inspector) to arrange for environmental review. The micro-project proponent is responsible for obtaining any permits and approvals that may be required by local authorities.

Step 2: Based on the information provided by the micro-project proponent, the CDSO in consultation with the LIC, determines the potential eligibility of the project for ARIS financing. The LIC, in consultation with the CDSO, completes Part 2 of the Environmental Screening Checklist (Annex B) and assigns a preliminary Environmental Review Category.

Step 3. The CDSO, with a representative of the LIC and the micro-project proponent, carries out a field site visit and completes the Field Site Visit Checklist (Annex C). The Environmental Screening and Field Site Visit Checklists are submitted to SAEPF (raion level) who, after consultation with other relevant authorities, issues a preliminary environmental statement listing potential environmental concerns and recommended mitigation measures and decides whether an environmental assessment is required. The CDSO and, as needed, the Technical Expert provide advice on environmental mitigation measures to be incorporated into project design as given in Annex D of these Guidelines.

For Category A projects, the ARIS Technical Expert prepares terms of reference for preparation of an environmental assessment (Annex E). For Category B projects the ARIS Technical Expert prepares terms of reference for an environmental review and, if needed, an environmental management plan (Annex E). The LIC (on behalf of the micro-project proponent, and in consultation with the CDSO), contracts preparation of the assessment, review or management plan, as required.

For Category C projects no further environmental analysis is required. The CDSO completes Part 3 of the Environmental Screening Checklist and a copy is retained by the ARIS as part of the micro-project records.

Step 4: For Category A projects and Category B projects for which an Environmental Management Plan is required, the LIC organizes a public consultation with the proponent, community representatives and effected groups. Formal minutes record the participants, issues raised and steps planned to address them. If an environmental assessment is needed, the terms of reference are discussed. If an environmental assessment is carried out, a second round of public consultation is held to discuss findings of the assessment and recommendations for mitigation and formal minutes are recorded.

Step 5: The SAEPF Environmental Inspector (oblast level) reviews the environmental assessment and management plan (if required) and issues a final environmental statement. The ARIS reviews the assessment report, the environmental management plan (if any) and the documentation of necessary permits and clearances and completes the Final Environmental Assessment Checklist (Annex F). These documents are then included in the package that goes to the LIC for a decision on final approval of project financing.

Step 6: The micro-project proponent incorporates the recommendations provided in the environmental assessment as well as those received during the review and clearance process by SAEPF and other local authorities into the micro-project design and implementation plan.

Step 7: During construction the LIC and the local (raion) SAEPF environmental inspector monitor implementation of agreed design and mitigation measures. Problems are brought to the attention of the CDSO and, if necessary, the Technical Expert makes a site visit to assist in resolving them.

Step 8: When construction is complete, SAEPF issues an Environmental Passport for those micro-projects that require it including discharge permits for solid and liquid discharge and aerosol emissions (if needed). SAEPF and other state authorities, as appropriate, monitor emissions and discharge during operations.

Step 9: The status of compliance of the micro-project with agreed environmental mitigation measures as reflected in the Environmental Management Plan (Environmental Passport) is reported by CDSOs in their regular (quarterly) reporting on project implementation. In the case of non-compliance, the CDSO with technical support from the Technical Expert investigates the nature and reason(s) for noncompliance. The ARIS informs the LIC about what is needed to bring a micro-project into compliance. The LIC decides whether actions such as suspending further disbursements should be taken and informs the ARIS of any such decisions.

Step 10: The ARIS makes available information on monitoring of environmental management plans and mitigation measures in its periodic reporting on micro-project implementation to the World Bank and during periodic Bank supervision missions.

  1. Reporting

The ARIS annually will provide to the World Bank a summary of the micro-projects financed and their environmental impacts in order to assess and prevent any cumulative effects of similar investments. The ARIS will make available to World Bank project supervision missions all environmental assessments and environmental management plans prepared for micro-projects financed.

  1. Management Responsibilities

The implementation of theses Guidelines, monitoring of the projects environmental performance and fulfillment of reporting obligations are the responsibility of the ARIS Safeguards Coordinator. The front-line representative of the ARIS is the local CDSO who handles most routine interactions with micro-project proponents and the LIC. The ARIS regional Technical Expert provides technical advice to CDSOs, LICs and micro-project proponents on an as-needed basis as determined by the CDSO.

Environmental Guidelines - Annex A

Screening Categories and Micro-project Eligibility

EXAMPLES OF ELIGIBLE MICRO-PROJECTS

Category B - Intermediate Potential Impact – Environmental Management Plan may be required.

Horticulture, Agriculture, Livestock, Agro-processing and Food Industries

  • Agricultural Diversification and high value specialization (flowers, herbs, fruits, honey, improved seed varieties)
  • Livestock Industries (herd improvement, finishing, meat and poultry processing, abattoirs)
  • Fruit and vegetables processing, preserving and canning
  • Manufacture of wines and other fermented beverages
  • Purchase of agricultural inputs and farm machinery
  • Small scale wood lots

Small Industry, Trades, Retail Commerce and Services

  • Tradesman workshops (carpentry, blacksmithing, plumbing and electrical, repair)
  • Establishment, refurbishing and stocking of retail shops
  • Establishment of food premises and lodging facilities
  • Warehouse and storage facilities

Renovation, Rehabilitation and Upgrading of Community Infrastructure