Chapter 4
Scoping

Section 3.0 (aa) of Article 1 Scoping defined.

(aa) Scoping - the stage in the EIS System where information and assessment requirements are established to provide the proponent with the scope of work for the EIS.

NOTES:

Scoping is the first and most critical step in the EIS process where most of the key issues and concerns are IDENTIFIED, DISCUSSED, CLARIFIED and AGREED by the key actors (like the proponent, preparer, EMB, DENR Regional Office, PENRO, CENRO, LGUs, other NGAs, EIARC and stakeholders) in the EIS system. Scoping is linked to the process of social acceptability and the review process. It prepares the proponent in handling the issue of social acceptability, which is a critical requirement in the ECC application. Likewise, it focuses the review process on the agreed scope.

Scoping sets the tone of the EIS process. With scoping, a proponent can determine whether the project will encounter any difficulty in getting the approval and support of the local community. It determines the coverage, depth and extent of environmental assessment to be undertaken and to be subjected to review. It is initiated by the proponent at the earliest stage of project development in order to define the range of actions and alternatives to be undertaken and impacts to be examined.

What are the objectives of scoping?

The scoping process shall be undertaken to:

provide an early link between the DENR and the proponent to ensure that the EIA addresses relevant issues and presents results in a form consistent with the EIA review requirements;
allow stakeholders to make their concerns known to ensure that the EIA adequately adresses the relevant issues;
establish an agreement at the outset of the EIA between the proponent, the DENR and the stakeholders on the issues and alternatives to be examined;
address issues on carrying or assimilative capacity of the environment and identify possible legal constraints or requirements regarding the project proposal;
determine whether the project or undertaking requires the conduct of environmental risk assessment; and
determine and agree on the process of dealing with issues relating to social acceptability.

Scoping provides the project proponent an idea of prioritizing and coordinating data sourcing in order to avoid work and data overlaps. It minimizes the need for additional information (AIs) during the review process as the requirements are already determined consistent with the procedural review criteria.

Lastly, the scoping becomes the basis for determining the additional costs to be borne by the proponent relative to the review process.

What is the importance of public participation in scoping?

Community feedback is critical in scoping. The stakeholders and other interested parties must be able to participate and share their views, ideas and perceptions on the likely environmental impacts and community issues that could result from the project.

It is to the proponent�s advantage that a broad segment of the stakeholders be represented in the scoping session to capture at this early stage the diversity of local concerns and socio-political dynamics. Moreso, the affected communities should be involved in scoping because it is their right to be informed of proposed changes that will affect them and to participate in decisions that will affect their lives.

The values and benefits of public participation in scoping includes the following:

helps to identify and address valid concerns
focuses planning on valid issues of concern
provides alternatives for consideration in planning
provides further sources of expertise
reduces level of misinformation and distrust
defines parameters/methods for conflicts resolution
improves decision making
promotes social acceptability of the project

Social Preparation Process

Social preparation is a preparatory activity carried out when there is a need to involve the community in any program, project or undertaking. It involves awareness building concerning the project or program in terms of its goals, rationale, objectives, components and activities. Social preparation is undertaken by means of public information campaigns, barangay fora and consultations, informal dialogues with community leaders and other similar activities. It aims to inform and consult the concerned public about their participation, roles and responsibilities in the proposed program or project.

In the context of the EIA process, social preparation is necessary prior to the conduct of actual scoping, especially in cases when the project is controversial, large-scale, covers a huge area which may cause significant environmental impacts if not properly mitigated. Among others, the purpose of such an activity are the following:

to avoid having a misinformed public or wrong public perception about the project;
to identify potential legitimate stakeholders of the project; and
to determine or establish the preliminary issues and concerns of the local community.

The period to be allocated for social preparation will depend on a number of factors, such as the total area to be impacted by the project, the population of the impact area and the socio-cultural milieu of the project area. In cases when a project has already undergone rigorous community consultations even prior to the preparation of the feasibility study and finalization, the level of social preparation may not be that extensive anymore.

How do you inform the stakeholders about the project?

Information about the project can be disseminated through the following means:

Conduct information campaign to let people know about the project, the proponent, the scoping process and the expected outputs. The communication expert leads in the design and delivery of the information education program.
Information dissemination program may consist of field visits to the project site, meetings with traditional and political leaders, informal dialogues with community members and community meetings or "talakayang barangay".
Actual visits should be complemented with a selection of information and education campaign materials such as film or video showing, printed media or local radio. Other forms of information dissemination include streamers, exhibits and leaflets/flyers.

Information materials (including project briefs) and activities should focus on the following:

a general description of the environment of the project area
need for the project
project goals and objectives
project description
potential costs and benefits of the project
environmental and social concerns (to be validated by the stakeholders)
the importance of the EIA, particularly the scoping process

Who initiates scoping?

The proponent initiates and organizes the scoping process in coordination with DENR. The proponent may hire a separate facilitator/communication expert to organize the scoping activities, especially if the project is deemed large scale and controversial at the very start. This person should be credible, unbiased and generally known to the stakeholders. Moreover, the person should possess the following qualifications:

skilled in community organizing
experienced in facilitating community meetings and interactions including handling negotiations
possesses the skills in coordinating multi-sectoral fora
preferably from the affected locality.

Who needs to attend the scoping sessions?

Scoping sessions should be participated by a cross-section of stakeholders, whether they are for or against the project. Ideally, it should be attended by the following:

DENR representative preferably from EMB or Regional Office (EMPAS)
at least 1 member of the selected EIARC
project proponent
EIS preparer
representative of concerned LGUs (province, municipality(ies), barangay(s))
representative of concerned NGA(s), whenever necessary
Representative(s) from the concerned PENRO/CENRO
representatives of affected communities/people�s
organizations and other stakeholders

A representative from the province is necessary if the project encompasses several municipalities and the undertaking is a major project, such as commercial mining, international port or harbor, international airport, manufacturing or processing plant, power plants or any project that the provincial government has expressed strong interest or concern and that they have signified their willingness to participate in the EIS process. Otherwise, representatives from the municipal government and barangay councils would suffice in the scoping.

The presence of at least 1 representative from the EIARC in the scoping session is encouraged as much as possible. DENR shall identify during the scoping stage prospective members of the EIARC who shall be invited to participate, even as the EIARC has not yet been formally convened. The purpose of their early participation is to ensure that they conform with the agreed-upon scope of the EIS which will be the basis for the EIARC review. If it is not possible to send a representative from the EIARC and the DENR during the formal scoping, a separate scoping should be arranged with them.

Who are the stakeholders?

Stakeholders are persons or groups who may be significantly affected by the project or undertaking, directly or indirectly. They may include:

persons living/working within the identified impact (direct and secondary) area;
persons living/working within the boundaries of the impact area;
persons with properties in the impact area;
organized interest groups (NGOs and POs) operating in the impact area;
industry representatives in the impact area;
local government units (LGUs);
people's organizations (on site/off site the influence area);
indigenous cultural communities (ICCs) in the impact area;
local institutions (church, school) in the area
concerned national agencies i.e., HLURB, DOE, DOT, DTI, PCTT, PAMBs, DAR, DA, etc.
persons representing future generations

What is an impact area or zone?

The impact zone of a project are the areas which are most likely to be directly or indirectly affected by the proposed project or undertaking. It comprises of the direct or primary impact area and the secondary impact area. The regional impact zone is also determined in general.

How do you identify the impact zones of a project?

Impact zones are identified and delineated on the map based on the type of project and knowledge of the biophysical and social environment of the project. Specific impact areas delineated based on the biophysical and socioeconomic parameters include the following:

Direct Impact Area/Zone

The primary impact zone or direct impact area generally refers to areas which will be traversed/sited by the facilities/infrastructures of the project such as buildings/structures, irrigation, drainage and other utility areas, quarry sites, access roads and others to be set up during the construction and operation phases. These could include, among others, areas where the following can directly occur as a result of the project:

displacement of settlements and livelihood
directly hit by potential flooding/inundation
main tributary of the river system which is a potential fall out areas of pollution
disturbance of habitat of endangered species
catchment area
ancestral domain of indigenous communities

Secondary or Indirect Impact Area/Zone

The secondary impact zone, on the other hand, generally refers to the influence area of the project which could be indirectly affected by the proposed development. This could include areas in the vicinity of the direct impact zone. Examples of these may include the following:

communities/settlements outside the direct impact area which can also be benefited by the employment opportunities created by the project
sub-tributaries of the river system which can be indirectly affected by pollution
areas where water sources will be indirectly affected by drawdown in the direct impact area

The determination of the primary and secondary impact zones vary according to the type of project and the siting. Figure _ provides an illustrative example of how the primary and secondary impact zones are delineated on the map on the basis of the physical, biological and socioeconomic parameters.

The regional impact zone pertains more to the general area where the impact of the project would be felt, such as the entire municipality, province or region. They can be generally identified and described without necessarily delineating them on the map.

The delineation of the impact zone serves as the primary basis for identifying the stakeholders of the project.

How do you identify the stakeholders?

Stakeholders of a particular project are identified by the proponent through the following procedures:

The EIA preparer first establishes or delineates the direct or primary impact zone of the project as well as the secondary impact zone.
The preparer identifies the individuals, sectors and communities who will be affected by the project within these zones.
The preparer may consult with the concerned LGU (from the barangay to the municipal level), DENR PENRO/CENRO and NGAs if they have any knowledge of other stakeholders within the project area.
The preparer may interview stakeholders already identified to identify other stakeholders or use key persons and groups, e.g. local NGOs and POs operating within the area in identifying the stakeholders.

Individuals, groups or organizations who are residing within the impact zones are considered as primary stakeholders. However, others who will not be affected directly or indirectly by the project are welcome to participate in public consultations and during the public hearing as discussed in Chapter 7.

Representatives of stakeholders should have a balance of women and men and external linkages of stakeholders must be known to determine influences.

Who are the representatives of stakeholders?

Prior to the formal scoping session, local communities and other groups of stakeholders shall select their representatives. It is presumed that during the social preparation process, information and discussions among affected stakeholders have already been conducted and that they have chosen their official representative in the EIA process. The list of official or authorized representatives will have to be completed and obtained by the preparer during the social preparation process.

How many scoping sessions should be conducted?

The number of scoping sessions to be conducted is determined by the proponent. Ideally, there should only be one scoping session, preferably in the project site, where all identified participants can effectively interact and share their views, concerns and knowledge on the project. However, in cases where the project area is large, stakeholders are widely dispersed, conflict in schedules and cost considerations, the proponent has the flexibility to decide and organize several scoping sessions to ensure broader participation of concerned stakeholders. The proponent may also decide to first undertake a scoping with EMB, especially if no EMB representative and EIARC memmber could attend the formal scoping, to discuss the technical scope of the EIS based on available scoping guidelines.

What are the administrative support and logistical needs for scoping?

The proponent and the preparer need to:

prepare the venue for the session
send invitation and make confirmation of attendance of the stakeholders
provide for meals
provide for workshop materials (pens, brown paper, colored pens, map of the area)

Tasking for different activities should be clarified at the start. This includes:

Determining who will handle the facilitation of the scoping process. The facilitator plays a very critical role in managing the entire process. The facilitator can either be from DENR, the EIA team or an independent and objective professional facilitator commissioned by the proponent for this purpose. S/he is expected to direct the scoping and provide synthesis of the proceedings.
Other agencies with existing MOA with DENR can also take the lead in the scoping.
Process documentation can be from the commissioned EIA preparer.
Administrative support for food, preparation of the venue and needed equipment is provided by the proponent.
The scoping report shall be prepared by the EIA preparer.

In what manner can scoping be conducted?

Scoping sessions can take the form of the following:

Community meetings
This is held in the project site and lasts for a day. The proceedings should as much as possible be conducted in the local dialect. If the facilitator is not familiar with the dialect, a local interpreter must be designated. S/he assists in the translation for some local community members as well as assists the process documentor to avoid misinterpretations.
Presentations should be complemented with appropriate visual aids.
Technical meetings
A meeting of the proponent and EMB or DENR Regional Office may be undertaken as an initial scoping activity (prior to the formal and participatory scoping session) to discuss the minimum requirements for the EIA based on the available project scoping guidelines. The result of this should be communicated in the formal scoping activity.
Public meetings
Meeting of this type represents the consensus of all affected parties. The proponent receives oral and written inquiries from groups who wish to express their stand, apprehensions and concerns. These meetings are held in the project site.All scoping sessions should be properly documented and duly signed by the proponent, preparer, DENR representative, LGUs, EIARC representative(s) and representative(s) of the stakeholders.

What are the steps in the conduct of the entire scoping activity?

The scoping is divided into 3 general activities: pre- scoping, scoping and post-scoping. Based on the considerations given above, the steps in the scoping process are summarized as follows:

Pre-Scoping

Step 1. The proponent makes an official written communication addressed to EMB or DENR RO concerned about its intention to do a scoping meeting. The letter should provide a brief description/background information of the project together with a map of the project area as well as the potential list of stakeholders to be invited by the proponent. The proponent may also suggest a possible date for the scoping session. The proponent should furnish a copy to the concerned DENR Regional Office and PENRO/CENRO of the request for scoping. Step 2. Within 5 days of the receipt of the letter, DENR shall: � identify DENR representative to the scoping and prospective member(s) of the EIARC who can attend the meeting; � confirm or suggest additional stakeholders to be invited to the scoping; � inform the proponent that they can initiate the social preparation process of stakeholders for the scheduled scoping sessions; and � confirm the schedule suggested or suggest another date for the scoping. The schedule of scoping should consider a reasonable period of time for the social preparation process (at least 15 days) to inform stakeholders about the project. Step 3. The proponent undertakes social preparation to inform concerned stakeholders about the project. Step 4. The proponent identifies and invites representatives from the key stakeholders of the project to the scheduled scoping meeting. The proponent prepares the materials to be presented during the scoping including project description, site development map, map of the project area and impact zones and a matrix of possible issues and concerns of the project based on available scoping guidelines or the result of the initial scoping done with EMB (if undertaken). During the scoping, this will be validated along with other concerns/issues which will be raised by the stakeholders. Scoping Step 5. Scoping session(s) is conducted in accordance with the recommendation of the proponent as affirmed by EMB or DENR RO concerned. Several levels of scoping may be conducted based on the results of the first session or as planned by the proponent. This can be done in cases when some of the major stakeholders are not able to attend the first session or when additional stakeholders surface which were not initially identified/or and invited to the first scoping session. Whenever possible, summary matrices of results of the scoping should already be signed by those present during the scoping activity itself. This is in lieu of having the entire scoping report signed by the designated stakheholders= signatories after the scoping report has been completed. Post Scoping Step 6. The proponent, through the preparer, submits a formal scoping report to EMB or DENR RO concerned based on the results of the scoping process. A copy of the scoping report should simultaneously be provided to the DENR-RO. If the summary results of the scoping have not been endorsed during the scoping, the entire scoping report should be signed by the agreed upon representatives of the various stakeholders in attendance during the formal scoping. Step 7. EMB or the DENR RO concerned, preferably together with representative(s) from the EIARC, reviews the scoping report in terms of the appropriateness of the process, accuracy and substantive results. In case the report is to be reviewed at EMB, the DENR-RO will be asked to comment within 5 days to incorporate their concerns in the approval process. Absence of reply within the prescribed period will imply approval of the DENR-RO.. EMB or the DENR RO concerned, in the course of its review, shall consult with the proponent and shall take into account the concerns and recommendations of stakeholders. It cannot delete what has been agreed upon as the scope of the EIA. It can only add to what has already been submitted. After the review, the EMB or the DENR RO concerned informs the proponent in writing of any necessary revisions or upon approval. Once approved, the scoping will be endorsed by EMB or DENR RO as the AGREED SCOPE which will become the basis for the conduct and review of the EIS. The representatives of the various stakeholders who signed the scoping report shall be furnished copies of the Final Scoping Report. The review of the scoping report should not take more than 15 working days. In case there will be changes in the agreed scope during the course of the study, the proponent, through the preparer, will inform EMB or the DENR RO concerned in writing about an ADJUSTMENT OF SCOPE IN ORDER TO TAKE INTO ACCOUNT NEW INFORMATION AND CHANGING CONDITIONS. While the scoping report is under review, the proponent can already initiate some of the basic studies required in the EIS such as soil testing, water quality and others. Step 8. After the approval of the scoping report, EMB or DENR RO concerned will meet with the proponent to discuss the additional cost of the review process. What are the general procedures for managing the formal scoping process? The actual scoping activity should be managed based on the following general procedures. 1. Open the session with the singing of the national anthem/invocation and introduction of participants. 2. Set the proper atmosphere for the session and conduct a levelling of expectations of the participants as to what the scoping aims to achieve from their own perspective. The Facilitator should handle the levelling activity and summarize all expectations raised by the various stakeholders. 3. The Facilitator will then discuss the EIA process in general and the objectives of the scoping session in relation to the EIA process. 4. A DENR representative or the Facilitator will explain the rules and procedures to be observed during the scoping. This will include, among others, the following: o all participants can comment, make clarification or raise questions, issues and concerns pertinent to the project o comments/issues/concerns should be relevant to the project being scoped o there should be no interruptions during the presentation of the project description, except to clarify information which is not clear o comments/issues/concerns should be raised during the period devoted for this o the participant raising issues/concern should properly identify the sector he is representing o a friendly atmosphere and orderly discussion should be maintained during the entire session (no cat calls ) o agree on how to agree (in cases of conflict) o other rules that may be suggested by the body 5. The first main part of the scoping would be the presentation of the project description by the proponent. The presentation should be as detailed as possible for the participants to be able to visualize the project and identify possible impacts. The proponent should use maps and other presentation materials as reference for better understanding and appreciation of the project. 6. After the presentation of the project description, a representative from the EIA preparer will present the map showing the various impact zones of the project and the minimum scope of the EIA based on the scoping guidelines for such project. If a scoping has been previously done with EMB, the result of this would be presented to the body for validation. 7. The second major aspect of the scoping would be the raising of questions, issues/concerns and perceived impacts of the project. For orderly discussion, the Facilitator together with the representative from the EIA preparer, will tackle the questions/issues/concerns by major environmental components to be impacted as follows: o physical environment (e.g. topography, geology, soils, water, air, etc.) o biological environment (terrestial flora/fauna; aquatic ecology, etc.) o socioeconomic environment (employment, livelihood, displacement, health, culture, etc.) All issues/concerns and questions raised will be recorded. 8. After all concerns have been raised, the Facilitator will then summarize the issues/concerns raised and reconfirm their validity. The proponent and the EIA preparers will be asked to comment on the issues/concerns raised and the body will agree by consensus on the final issues/concerns to be covered by the EIA study. 9. Based on the agreed upon issues/concerns, the Facilitator will direct the discussion to the scope and methodology of the various studies to be undertaken to address the issues/concerns raised. The EIA preparer will be asked to present their plan subject to validation, comments, refinement and affirmation by the body. 10. In the area of public participation, the group should already discuss and agree on the manner and mechanics by which the various stakeholders will participate in the EIA process. There are no set rules or procedures for this. It can vary per project depending on several factors, such as the level of commitment and interest of the stakeholders, the culture of the project area, and others. Hence, this can be done in several ways, some of which are the following: o The stakeholders can choose to act as observers during the EIA process, especially during primary data gathering (e.g. sampling, field surveys and assessment) and just document the process. o The stakeholders can decide to hire another group of experts to review the work of the preparer. o The stakeholders can choose to participate in all stages of the EIS preparation until the submission of the final EIS to EMB or EMPAS. 11. The overall results of the agreed upon scope of the EIA will be summarized by the Facilitator for the final affirmation of the body. 12. Through the Facilitator, the body will agree on who will sign the scoping report representing a certain sector, if the summary results cannot be prepared during the scoping activity itself. The Facilitator should emphasize that the scoping report will be prepared by the proponent containing the agreed scope of the project which should be signed by representatives of the various stakeholders. 13. Agree on the completion of the scoping report and routing for signature of agreed upon signatories to the report. 14. Agree on who will be given copies of the approved scoping report by EMB-DENR. When does the scoping end? The formal scoping activity ends once the agreed scope has been approved by EMB-DENR. In cases when a particular sector in the community requests for additional scoping after the agreed scope has already been approved, such request should now be coursed through EMB. EMB will then evaluate the request, including issues raised, and decide whether there is a need for additional scoping. If the issues/concerns raised have already been covered by the agreed scope, DENR may just communicate to the concerned stakeholder that such concerns have already been covered in the approved scoping report. Otherwise, DENR will evaluate the validity of the issues/concerns raised and decide whether to consider them as additional scope or not. In any case, the proponent will be informed of whatever decision made. In the same manner, the proponent may still consider additional issues/concerns arising from the study. In such instances, the proponent will inform EMB of the additional scope to the EIS. What are the contents of a Scoping Report? The scoping report forms part of the final EIS and serves as the primary reference of the EIA and the review process. At the minimum, it should contain the following: o the issues and impacts outlined in the scoping guidelines prepared by EMB for ECPs and other available scoping guidelines by the World Bank, ADB, OECF and other international organizations; and o data and information requirement of the project identified based on the checklist for the procedural review. The Scoping Report should generally follow the outline format as provided below: 1. Project Name or Title 2. Name and Address of Proponent 3. Project Description A. Goals and Objectives B. Rationale C. Project Area and Location D. Project Components E. Project Activities � Pre-Construction Phase � Construction Phase � Operation and Maintenance Phase � Abandonment Phase (if applicable) 4. Pre-Scoping Activity (summary documentation of social preparation activities) 5. Scoping Process (process documentation of the actual scoping activity) 6. Summary of Agreed Upon Scope (see sample summary Matrix 1 of Issues/Impacts) including a brief description of issues/impacts identified/perceived during the various phases of project development categorized into physical, biological and socioeconomic environment. 7. Summary of agreed upon studies to be undertaken and methodology (see sample summary matrix 2) 8. Agreed Upon Scope of Participation of Stakeholders (see sample summary matrix 3) Signatures: _____________________________ PROPONENT _____________________________ EIA PREPARER (Team Leader) _____________________________ DENR Representative _____________________________ EIARC Representative _____________________________ Stakeholder Representatives: - LGU : ____________________ - Community : ____________________ - NGO/PO : ____________________ - NGA : ____________________ - Other Sectors : ____________________ Annexes: � Checklist of data requirements as accomplished in the procedural review criteria form � Minutes of the Scoping session(s) � Attendance Sheet (per session) with signatures for all scoping meetings � Maps/Pictures If there are several scoping sessions conducted, the results will be summarized based on the above format. The details of the scoping activity per site would be included as part of the annexes. What are the roles and responsibilities of the various actors in the scoping process? The roles and responsibilities of the proponent/EIA preparer, DENR and the stakeholders in the entire scoping activity are summarized in Table _. Environmental Risk Assessment Section 1.0 (e) of Article III. Scoping shall be initiated by the proponent at the earliest stage of project development to define the range of actions, alternatives and impacts to be examined. The objectives of scoping shall be to: x x x e. determine whether the project or undertaking requires the conduct of an environmental risk assessment x x x NOTES: The basic criteria for determining whether a proposed project or undertaking poses significant risk/s are the presence of: � materials or chemicals that are toxic, flammable, explosive and hazardous to humans, animals, plants and ecosystems; and � structures (e.g., dams), the failure of which could endanger life, property or environment. Pending promulgation of the appropriate administrative issuance, the following threshold levels shall be used to determine whether a proposed project or undertaking shall be required to prepare an ERA: CATEGORY LEVEL 1 LEVEL 2 (tons) (tons) Explosives 10 50 Flammable substances 5,000 50,000 Highly flammable substances 50 200 Extremely flammable 10 50 substances Oxidising substances 50 200 Toxic substances (low) 50 200 Toxic substances (medium) 10 50 Toxic substances (high) 5 20 Toxic substances (very high) 0.2 1 Toxic substances (extreme) 0.001 0.1 Unclassified (Type A) 100 500 Unclassified (Type B) 50 200 For project or undertaking not involving toxic/hazardous materials, the criteria shall be the possibility of accident that will cause permanent or long term damage in: � more than 10% or 0.5 hectares (whichever is lesser) of the area of the site, or � more than 10% of the area of a particular habitat, or � more than 10% of a particular species associated with the site. Level 1 coverage, or the presence of hazardous materials in excess of the amount listed under the column Level 1, shall be required to prepare an Emergency Plan taking into consideration the worst possible consequence. While a project or undertaking with a Level 2 coverage shall be required to prepare an Emergency Plan and a Safety Report taking into consideration the total risk/s. An environmental risk assessment (ERA) is a process of analyzing and desribing the risks associated with a project or activity to ecosystems, human health and welfare. The assessment includes risks arising from or transmitted through the natural environment. An ERA is not an entirely separate assessment but deals with the further analysis of hazards identified in the EIA. It builds upon the EIA such that risks are impacts where the likelihood of occurrence and magnitude of consequences are uncertain. The decision of whether to include an ERA in the EIS should be discussed and agreed upon during the scoping activity. A sound basis for arriving at a resolution would be to refer to experiences elsewhere that have similar materials, processes and conditions. It is through the explicit identification of significant uncertainties that the need to extend an EIA to include an ERA is determined. Hence, an EIA will include the ERA if public risk is perceived to be significant for a particular project or undertaking. Criteria for Coverage In order to apply the basic criteria stated herein, the following table establishes the different threshold levels: CATEGORY LEVEL 1 LEVEL 2 (tons) (tons) Explosives 10 50 Flammable substances 5,000 50,000 Highly flammable substances 50 200 Extremely flammable 10 50 substances Oxidising substances 50 200 Toxic substances (low) 50 200 Toxic substances (medium) 10 50 Toxic substances (high) 5 20 Toxic substances (very high) 0.2 1 Toxic substances (extreme) 0.001 0.1 Unclassified (Type A) 100 500 Unclassified (Type B) 50 200 For purposes of clarity, the different categories of harzardous materials are defined as follows: A. Explosives 1. a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition. 2. a pyrotechnic substance (or mixture of substances) designed to produce heat, light, sound, gas or smoke or a combination of such effects through non-detonating self-sustained exothermic chemical reactions. B. Flammable, highly flammable and extremely flammable substances 1. Flammable substances are substances and preparations having a flash point equal to or greater than 21C and less than or equal to 55C, capable of supporting combustion. 2. Highly flammable substances are substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any input of energy. Or, substances which have a flash point lower than 55C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards. 3. Extremely flammable substances are liquid substances and preparations which have a flash point lower than 0C and the boiling point (or, in the case of a boiling range, the initial boiling point) of which at normal pressure is less than or equal to 35C; gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure, whether or not kept in the gaseous or liquid state under pressure; or, liquid substances or preparations maintained at a temperature above their boiling point. C. Oxidising substances are substances which give rise to highly exothermic reaction when in contact with other substances, particularly flammable substances. D. Low, medium, high, very high and extreme toxicity of substances or preparation are classified as follows: 1. A substance shall be considered as a liquid if vapor pressure is less than 1 bar at 20C. 2. A substance shall be considered as a gas if vapor pressure is greater than 1 bar at 20C. 3. The sum of (a) and (b) as provided in Tables 2 and 3 shall determine the toxicity class in accordance with Table 1. Table 1. Table for values to determine Toxicity Class a + b Toxicity Class 6 low 7 medium 8 high 9 very high 10 extreme Table 2. Table for values of a based on LC50 LC50 rat 4 hour in Calculation number (a) ppm 0.01 - 0.1 8 0.1 - 1 7 1 - 10 6 10 - 100 5 100 - 1,000 4 1,000 - 10,000 3 10,000 - 100,000 2 Table 3. Table for values of b based on physical properties Physical Properties Calculation number (b) Liquids < 0.05 bar 1 (vapor 0.05-0.3 2 pressure bar at 20C) 0.3-1 bar 3 Liquefied > 265K 3 gas, compressed < 265K 4 (BP) Liquefied > 245K 3 gas, cooled (BP) < 245K 4 BP: Boiling Point E. Unclassified substances are substances or preparations that react violently with water (Type A), and substances or preparations which release or liberate toxic gas in contact with water (Type B). F. For activities not involving toxic/hazardous materials, permanent or long term damage is defined to be damage/s requiring a projected recovery period longer than 15 years for terrestial habitats, or 5 years for aquatic habitats. Mixtures and preparations shall be treated in the same way as pure substances provided they remain within the level set according to their properties or their latest adaptation to technical progress unless a percentage composition to other description is specifically provided for. The basis for determination of the level are the maximum quantities which are present or likely to be present at any one time. The rule for the presence of several hazardous or dangerous substances in an establishment shall be as follows: Total indicative sum = q1/Q1 + q2/Q2 + q3/Q3 + + qn/Qn where: qx = the quantity of dangerous substance x Qx = the indicative threshold level of dangerous substance x If the computed Total Indicative Sum is greater than 1.0, then the project or undertaking is covered and shall be required to prepare an ERA. Safety Report A Safety Report is prepared to demonstrate the following: � that a major accident prevention policy and a safety management system for implementing it have been put into effect by the proponent; � that major accident hazards have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences for man and the environment; � that adequate safety and reliability have been incorporated into the design, construction, operation and maintenance of any installation, storage facility, equipment and infrastructure connected with its operation which are linked to major accident hazards insider the establishment; � that an on-site emergency plan has been drawn up to take the necessary measures in the event of a major accident; and � to provide sufficient information to enable decisions to be made in terms of the siting of new activities or developments around existing establishments. The Safety Report shall be prepared as a separate chapter of the EIS. It shall contain at least the following data and information: 1. Information relating to the operator and the establishment a) the title or name of the establishment, its full address and contact telephone no(s)., the name of the operator or the Chief Executive Officer, and a brief description of the proposed or existing establishment; b) the operator�s major accident prevention policy including the overall aims and principles of action with respect to the control of major accident hazards; and c) the operator�s conceptual framework for the safety management system, including (if available), the criteria to evaluate or determine such identified indicators. 2. Information relating to the scope of analysis employed/used in the report a) coverage of the report, the methodology used in each of the stages of analysis and assumptions made (if there are any) in coming up with the results of analysis; and b) references shall likewise be acknowledged in the report, whether these are historical data or generic information which aided the analysis attain more reliable results. 3. Information relating to the significant features of the area and plant installation(s) a) a description about the nature of the site, existing land use, environment and significant features of the area such as populated areas, water bodies, parks, hospitals, schools, agricultural lands, etc., and the size and distribution of the population in the vicinity of the industrial activity to which the report relates, including a map of the area (preferably a land-use map) to a scale large enough to show any of these features, and information about prevailing meteorological conditions in the vicinity of the site, geological and hydrographic conditions, and if necessary, its history; b) a description of the processes, storage installation(s), and/or other activities or structures involving or containing hazardous substance and an indication of the conditions under which it is normally held and the corresponding material balance(s) and process flow charts; c) a scale plan of the site showing the locations and quantities of all significant inventories of the hazardous substance; and d) the maximum number of persons likely to be present on site; 4. Information relating to every hazardous substance present in the establishment, in particular: a) the identification of the hazardous substance: chemical name, CAS number, name according to IUPAC nomenclature; b) the physical and chemical properties of the hazardous substance present in the establishment (under normal conditions of use or under foreseable accidental conditions) and the maximum amount that could possibly be present at any one time; c) the degree of purity of the substance, and the identification of the main impurities and their percentages; d) a description of the hazards, both immediate and delayed for man and the environment, which may be posed by the substance; e) a description of the potential sources of a major accident and the conditions or events which could be significant in bringing one about; and f) a (schematic or word) diagram of events under which the industrial activity is carried on, sufficient to show the features which are significant as regards to the likelihood of a major accident scenario(s) that could be identified. 5. Information relating to the consequences of major accidents, the probability of its occurrence, and an estimation of the risk , namely a) detailed description of the possible major accident scenarios including a summary of events which may play a role in triggerring each of these scenarios, the causes being internal or external to the establishment/installation; b) a description of the methodology adopted, data used and results of analysis in estimating the probable consequence(s) of the predicted major accident that may result within the establishment with an estimate of the number of people in the possible affected area who may be particularly exposed to the hazards considered in the report; c) whenever possible, a discussion on the probability of occurrence of the potential accident scenario(s) identified in the report; d) an assessment of risk(s) associated with the activity inside the establishment; e) a topographic map, on a scale of 1:10,000 or larger, whenever appropriate, which would show significant locations including risk contour lines identifying those positions outside the industrial site wherein the probability of persons located there would die as a result of an unusual occurrence in the industrial site equals 10-4, 10-5, 10-6, 10-7 and 10-8, respectively; and f) a topographic map on a scale of 1:10,000 or larger, whenever appropriate, which would show other source/s or establishments of significant risk within 10 km, including risk contour lines identifyng these sources and the computed total risk with the addition of the establishment covered in the Safety Report. 6. Information relating to the safety management system for the establishment, namely: a) a description of the measures taken to prevent, control or minimize the consequences and probability of any major accident; b) information about the emergency procedures laid down in dealing with a major accident occurring at the site (a copy of the On-Site Emergency Plan shall be attached); c) the monitoring scheme for the continuing assessment of compliance with the objectives of the major accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non- compliance. The procedures shall cover the operator�s system for reporting major accidents or near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learned. d) the staffing arrangements for controlling the industrial activity with the name of the person responsible for safety on the site and the names of those who are authorized to set emergency procedures in motion and to inform outside authorities; e) the arrangements made to ensure that the means provided for the safe operation of the industrial activity are properly designed, constructed, tested, operated, inspected and maintained, and the arrangements for training of persons working on the site; and f) the audit and review scheme for periodic and systematic assessment of the major accident prevention policy and the effectiveness and suitability of the safety management system, including the documentation of review of performance of the policy and the system and its updating by senior/top management. Emergency Plan An Emergency Plan is prepared with the following objectives: � to contain or control incidents so as to minimize the effects, and limit damage to man, the environment and property taking into consideration the worst-case scenario;

� to implement the measures necessary to protect man and environment from the effects of major accidents; � to communicate the necessary information to the public and to the emergency service provider (such as fire protection, civil defense. disaster coordination and other appropriate local government unit or agency) in the area; and � to provide for the restoration and clean-up of the environment following a major accident. The Emergency Plan shall be prepared as a separate chapter of the EIS. It shall contain at least the following data and information: 1. On-site Emergency Plan a) Names or positions of persons authorized to set emergency procedures in motion and the person in charge of coordinating the on-site mitigatory action. b) Name or position of the person with responsibility for liaising with the authority responsible for the off-site emergency plan. c) For foreseable conditions or events which could be significant in bringing about a major accident, a description of the action which should be taken to control the conditions or events and to limit their consequences, including a description of the safety equipment and the resources available.

d) Arrangements for limiting the risks to persons on site including how warnings are to be given and the actions persons are expected to take upon receipt of a warning. e) Arrangements for providing early warning of the incident to the authority responsible for setting the off-site emergency plan in motion, the type of information which should be contained in an initial warning and the arrangements for the provision of a more detailed information as it becomes available. f) Arrangements for training the staff in the duties they are expected to perform, and where necessary, coordinating this with off-site emergency services. g) Arrangements for providing assistance with off-site mitigatory action. 2. Linkage with Off-Site Emergency Plan a) Names or positions of persons authorized to set emergency procedures in motion and of persons authorized to take charge of and coordinate with off-site emergency services. b) Arrangements for sending early warning of incidents, alert and call-out procedures. c) Arrangements for coordinating resources necessary to implement the off-site emergency plan. d) Arrangements for assistance to provide the public with specific information relating to the accident and the behaviour which the public should adopt. e) Arrangements for the provision of information to the appropriate emergency services of surrounding areas in the event of a major accident with possible trans-boundary consequences. The findings, recommendations and conclusions of the ERA must be integrated in the Environmental Management Plan (EMP). Details of the safety management system including proposed monitoring/auditing protocols must be incorporated in the EMP. Together with the EMP, a corresponding Monitoring Plan is prepared. This should include the following information per project activity for each project phase: � parameters or criteria to be monitored; � location of monitoring activity; � frequency of monitoring activity; � cost of monitoring activity; and � implementing or responsible group