Regulatory Environmental Impact Assessment Gap Analysis Report
Solar Power Plant CMX Renewable Energy Vietnam Draft Report SUNSEAP
23 April 2018 www.erm.com
The business of sustainability DRAFT REPORT
SUNSEAP
Regulatory Environmental Impact Assessment Gap Analysis Report
Solar Power Plant CMX Renewable Energy Vietnam
Project number: 0453853
For and on behalf of Environmental Resources Management Approved by: Hai Pham Signed:
Position: Partner Date: 23 April 2018
This report has been prepared by Environmental Resources Management the trading name of ‘ERM Vietnam Co. Ltd”, with all reasonable skill, care and diligence within the terms of the Contract with the client, incorporating our General Terms and Conditions of Business and taking account of the resources devoted to it by agreement with the client. We disclaim any responsibility to the client and others in respect of any matters outside the scope of the above. This report is confidential to the client and we accept no responsibility of whatsoever nature to third parties to whom this report, or any part thereof, is made known. Any such party relies on the report at their own risk.
CONTENTS
1 INTRODUCTION 1
1.1 BACKGROUND 1 1.2 OBJECTIVES 2 1.3 SCOPE OF WORK AND APPROACH 2 1.4 LIMITATIONS 3 1.5 REPORT STRUCTURE 3
2 PROJECT DESCRIPTION 4
2.1 PROJECT LOCATION AND SETTING 4 2.2 PROJECT DESCRIPTION 8 2.3 PROJECT SCHEDULE 11
3 ADMINISTRATIVE FRAMEWORK (INCLUDING REGULATORY) 12
3.1 INTRODUCTION 12 3.2 THE APPLICABLE STANDARDS 12
4 EIA GAP ANALYSIS 20
4.1 EIA OVERVIEW 20 4.2 EIA REVIEW 27
5 TERMS OF REFERENCE FOR THE SUPPLEMENTAL IMPACT AND RISK ASSESSMENT 34
5.1 INTRODUCTION 34 5.2 CHANCE FIND PROCEDURE 34 5.3 CUMULATIVE IMPACTS 36
1 INTRODUCTION
1.1 BACKGROUND
CMX RE Sunseap Vietnam Solar Power Joint Stock Company (hereafter referred as “Sunseap” or “Project Owner”) is developing a 168 MW solar power plant within an area of approximately 187 ha (hereafter referred to as The Project). This Project is located in Tan My and Phu Thuan Hamlets, My Son Commune, Ninh Son District, Ninh Thuan Province, Vietnam.
The Project has been approved according to Decision No. 1412/TTg-CN dated Sep 18, 2017 of the Prime Minister on supplementing the Solar Power Plant CMX Renewable Energy Vietnam into the Seventh Revised Power Plan. Sunseap signed the Grid Connection Agreement with Vietnam Electricity (EVN) through Document No. 12/2017/EVN SPC-SOLAR CMX on 26 December 2017. The Project is now in the finalisation of several technical studies, including the Feasibility Study, Geology, Topography and Hydrology studies.
In order to comply with national requirement on environmental mangement, a regulatory Environmenal Impact Assessment (EIA) report has been developed by the Project Owner’s local consultant and submitted to the Ninh Thuan Department of Natural Resources and Environment (DoNRE) for approval. Regulatory environmental approval is expected to occur in May 2018.
In addition to compliance with the local regulations, the Project is also seeking to align itself with the environment and social standards established under the World Bank/International Finance Corporation (IFC) Standards, Asian Development Bank (ADB) standards and the Equator Principles (EPs) (“Applicable International Standards”).
To support the project in complying with the applicable standards Environmental Resources Management Vietnam Company Ltd (ERM) was engaged to prepare a series of environment and social reports to address likely gaps between the regulatory EIA and the environment and social assessment and management expectations established under the applicable standards.
In addition to this regulatory EIA gap analysis, the additional reporting consists of: • Stakeholder Engagement Plan; • Environment and Social Management Plan; and • Socio-economic Baseline Report and Expended Community Development Plan. Each of these are prepared as separate standalone reports.
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 1 1.2 OBJECTIVES
The regulatory EIA Gap Analysis report seeks to clarify the E&S gaps between the regulatory EIA and applicable standards and determine if additional studies or reporting will be required to address these. Similarly, the report also identifies what appropriate management and mitigation strategies can be put in place to address the identified gaps and better align the project with the applicable standards.
The following are the Applicable International Environment and Social Standards applied to ERM’s regulatory EIA Gap Analysis: • The Equator Principles III - 2013; • ADB Safeguard Policy Statement (SPS) - 2009; • IFC Performance Standards (PSs) - 2012; • IFC Environmental, Health, and Safety (EHS) Guidelines - 2007; • IFC Utility Scale Solar Power Plants: A Guide for Developers and Investors - 2012; and • World Bank’s Social Assessment Policies and Guidelines and the Social Analysis Sourcebook - 2003. It is noted that in addition to these, all relevant national and local regulations must be adhered to by the Project in all aspects, however these have not been reviewed in detail as part of this report.
1.3 SCOPE OF WORK AND APPROACH
This review is based on a desk-based review of the EIA report and available environmental documentations for the Project, along with a site visit conducted from 2nd to 05th April 2018. The site visit was attended by an ERM social consultant and two environment consultants. The site visit involved the following activities: • Meeting with authorities of Ninh Son District and My Son Commune; • Site walk through to the Project site; • Visit the Cho Mo lake; • Observation of the nearest community (at Tan My and Phu Thuan hamlets of My Son Commune); • Interview with 21 displaced households by the Project; and • Focus group discussion with two farmer and vulnerable groups.
The draft regulatory EIA report was prepared by the Project Owner’s local consultant as well as the site visit observations is the main basis of the review. A full list of documents made available as part of the review is provided at Annex A.
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 2 The regulatory EIA was reviewed against the international standards and guidelines (the Applicable Standards), as described in Section 3 below.
During the regulatory EIA Review, ERM has focussed attention on: • The existing scope of the regulatory EIA and environmental and social baseline observations from the site visit; • The Project development design; • Clarifying with the Project Sponsor particular aspects of the project scope which are unclear, such as worker accommodation arrangements, water supply; • Land acquisition, compensation, support and resettlement plan; and • Project Administrative Framework.
1.4 LIMITATIONS
This Review is based on information made available to date by the Project Owner and also the ERM’s site visit from 2nd to 05th April 2018. The regulatory EIA report was provided in Final draft format to submit for Ninh Thuan DoNRE to get approval. It was agreed that the Final Draft regulatory EIA be used as the basis of this report as the environment baseline and impact assessment is unlikely to require revision.
ERM’s report is based on the project description provided within the regulatory EIA and should changes to this be made, this report may require future revision.
1.5 REPORT STRUCTURE
The remaining of this report is structured as follows:
Section 2 provides an overview of the project location and design;
Section 3 presents an overview of legislation, standards and international obligations of relevance to the development of the project;
Section 4 provides a gap analysis against Applicable Standards and provides recommendations to be incorporated into the ESMP or additional studies identified as being necessary; and
Section 5 presents recommendations on the additional studies or actions required to address the identified gaps.
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 3 2 PROJECT DESCRIPTION
2.1 PROJECT LOCATION AND SETTING
The Project is located in Tan My and Phu Thuan Hamlets, My Son Commune, Ninh Son District, approximately 35 kilometres north west of Phan Rang City, Ninh Thuan Province, South Central Coast of Vietnam. The Project is bordered by the following areas:
• North: annual crop land, about 150m from a community road; • South: about 130m to the National Road No. 27; about 330m to the Cai river. • West: around 600m to the National Road No. 27; • East: annual crop land, about 550m from a community road.
The Project location is shown in Figure 2.1.
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 4 Figure 2.1 The Project Location
Source: ERM, 2018
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 5 The nearest residential area of Tan My and Phu Thuan hamlets, My Son Commune is approximately 50m from the Project site.
The site is located on a sparsely vegetated and flat expanse of land which is currently used for as hoc agricultural activities such as acacia plantation and crops such as cassava, sugar cane, corn, etc. Two households (HHs) used to live within the Project site prior to land acquisition. These HHs have since been relocated to their other land lots in My Son Commune.
Sandy soil was observed in the Project site and no waterbodies were located within the site boundaries. The nearest waterbody is Cai River which is approximately 1km from the Project site. Cai River runs through Khanh Hoa, Ninh Thuan, Lam Dong and Binh Thuan provinces but more than 80% of its basin is within Ninh Thuan Province. Cai River is around 120km length, with quite steep bed slope at the upstream reaches and narrow valley and bending sections at downstream reaches. The Project area is located in the middle of the Cai River basin. According to the Flood Study prepared by the Project Owner’s consultant, Tan My water diversion project is being implemented at the time of ERM’s review. The dam was constructed on the main stream of Cai River and the main water pipeline is being constructed to distribute water to downstream areas for irrigation, aquaculture, domestic and industrial water supply and hydropower generation, with design capacity of 4,454 m3/s. The water pipeline is expected to be complete by the end of 2018.
In addition, another water body nearby the Project site is Cho Mo irrigation lake which is approximately 3km away, located in My Son Commune. Error! Reference source not found. and 2.3 below provide an overview of the current site condition and land use at the Project site.
ENVIRONMENTAL RESOURCES MANAGEMENT SUNSEAP GAP ANALYSIS REPORT 23 APRIL 2018 6 Figure 2.2 Photo 1 of the Project Site area
Figure 2.3 Photo 2 of the Project Site area
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2.2 PROJECT DESCRIPTION
The Project occupies a land plot with approximately 187 hectares (ha) in Tan My and Phu Thuan hamlets, My Son Commune. The main facilities of the Project are presented as below:
• Solar cell system with capacity of 136 MW (AC); • DC/AC converter system; • System of transformer substations 0.4/22 kV; • The system of DC and AC transmission line connected to internal site and connected to the 22/110 kV substation; • The control and remote monitoring system (SCADA), weather monitoring system; • Control house, internal transportation in the Project, fence, lightning conductor, fire protection system, and other auxiliary systems; • 01 step-up transformer station of 22/110 kV; • 02 double-circuit transmission lines 110 kV; o The transmission line connecting to the Da Nhim transmission line 110 kV - Thap Cham substation 220 kV is 378m; o The transmission line connecting to Ninh Son 110 kV transmission line - Thap Cham substation 110 kV is 150m. • Building 22kV line for self-use in construction phase, 01 circuit.
Table 2.1 shows the capacity of the plant whilst the project elements are depicted at Figure 2.4.
The Project Site is located along the National Road No. 27 which is approximately 600m to the West of the Project. This road starts from Phan Rang city, Ninh Thuan Province and ends at Buon Ma Thuot city, Dak Lak Province. This road is 290km length and connects Ninh Thuan Province with Lam Dong, Dak Nong and Dak Lak provinces. The road’s section passing through Ninh Son District is around 45km length with asphalted concrete surface.
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Table 2.1 Project’s Key Facilities
No Facility/ Equipment Characteristics-Quantity
1. The number of solar panels 486,960 pcs (2m x 1m x 0.03m)
2. 22/110 KV step-up transformer 2x40 MVA station 1x63 MVA
3. Inverter 65 pcs
4. DC capacity 168 MWp
5. AC capacity 136 MWac
6. Foundation system and solar panel 1 system support
7. 110 kV transmission line 378m connecting to the existing 110 kV Da Nhim transmission line
150m connecting to the existing 110 kV Ninh Son transmission line
Figure 2.4 Overview of Solar PV Power Plant
22/110 kV Step-up Transformer Station
The Project will build a 22/110 kV step-up transformer station which will include 03 transformers with capacity of 1x63 MVA + 2x40 MVA.
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110 kV Transmission Line
There are two transmission lines which will be constructed by the Project. These have a total lengths of 528m and are summarised below:
• A 110 kV transmission line connecting to the existing Da Nhim 110 kV transmission line, with the length of 378m; • A 110 kV transmission line connecting to the existing Ninh Son 110 kV transmission lines, with the length of 150m.
Auxiliary Facilities
Equipment Storage Area
A construction laydown area will be established within the site boundary to store construction equipment and project infrastructure. Construction management offices will also be established within the site.
Concrete work
Construction concrete used is made of two kinds that are prefabricated one and mixed one on site. On-site mixed concrete is mixed by hand or machines depending on construction items. Water supply demand and source for the concrete work has not been determined at this stage and will be confirmed by the EPC contractor.
Access road
• The National Road No.27 is main external roads out the Project site. The road from National Road No.27 to gate of the Project is about 50m. That road which is the existing gravel road is 6m wide. • Internal roads in the Project site including: o Main roads is 6m wide; o Other roads is 4.5m wide.
Water supply
Water demand during the construction phase is primarily from the civil works and construction workers. During the operation phase, water demand will mainly be for solar panel cleaning activity.
Water sources: In the project, there are irrigation ditches leading from Cho Mo lake irrigation. The project owner will dig a 5,000 m3 lake for storage of water for the construction phase and the operation phase. Then, water will be pumped into the water storage tanks.
Water for domestic purposes will be treated before use. Pump water from the lake (5,000 m3) to the filter system for treatment to ensure meet food hygiene standards of the Ministry of Health. The filter system has a capacity of 3m3/h x 02 systems, which are built to serve the living daily activities of workers in the construction and operation phases.
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In the construction phase
• Water for living workers: The number of workers is about 1,000. According to TCXDVN 33-2006 of the Ministry of Construction, the average amount of water used for worker is 120 litters/person/day. Thus, the average water consumption for living is about 120m3/day.
In the operation phase:
• Water for living workers: The number of workers is about 35. According to TCXDVN 33-2006 of the Ministry of Construction, the average amount of water used for citizens in townships, industrial-agricultural centers is 80 - 150 litters/person/day (chosen 120 litters/person/day). Therefore, estimated daily water volume is about 4.2m3/day. • Water for firefighting activities: In the transformer station, there is a water tank for firefighting activity with a volume of about 135m3. • Water for cleaning solar panels activity: According to the World Bank, the quantity of water required approximately 1.5 litres per m2 of solar panels may be required (safety index is 1.5). As reported by the Project, solar panels will be cleaned three times per year. Total water volume required for solar panel cleaning is approximately 3,000m3 per year.
2.3 PROJECT SCHEDULE
The milestones of the project are summarised at Table 2.2 below.
Table 2.2 Project’s Key Milestones
Date Milestone
June 2018 Land clearing and preparation, construction permit and electric trading
July 2018 Construction Start
Apr 2019 Completed construction, trial operating
May 2019 Commercial Operation Date
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3 ADMINISTRATIVE FRAMEWORK (INCLUDING REGULATORY)
3.1 INTRODUCTION
This Section of the report identifies the applicable specific environmental standards and targets that must be met during all phases of the Project. This includes a description of current legal requirements and generally does not address future legislation that may be promulgated during the lifespan of the Project. However, where possible, proposed future changes in standards and targets are identified.
3.2 THE APPLICABLE STANDARDS
3.2.1 National standards
National environmental standards and targets in Vietnam are mainly derived from the Law of Environmental Protection 2014 (LEP). The LEP’s associated Decrees, Decisions and Circulars prescribe the various environmental and social regulations. Some relevant standards and targets are also contained in health and safety legislation.
These regulations refer to compulsory Vietnamese National Technical Regulations which are abbreviated as QCVNs. A lot of QCVNs have been derived from Vietnamese national standards (TCVNs), but this largely a change in name only with some addition of parameters and changes in value calculation. Some QCVNs have been updated and revised in the past and could be revised again in the future.
The national standards generally prescribe maximum permissible levels of pollutants, such as for emissions or waste streams. Some standards prescribe the permitted environmental quality of water or soil for example.
The following Vietnamese National Technical Regulations and National Standards are applicable for this project:
• QCVN 05:2013/BTNMT National Technical Regulation on Ambient Air Quality;
• QCVN 06:2009/BTNMT National Technical Regulation on Hazardous Substances in Ambient Air;
• QCVN 04:2009/BYT National Technical Regulation on Domestic Water Quality;
• QCVN 19:2009/BTNMT Vietnamese National Technical Regulation on Industrial Emission of Inorganic Substances and Dusts;
• QCVN 40:2011/BTNMT National Technical Regulation on Industrial Wastewater;
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• QCVN 14:2008/BTNMT National Technical Regulation on Domestic Wastewater Discharge;
• QCVN 03-MT:2015/BTNMT Vietnamese National Technical Regulation on The Allowable Limits of Heavy Metals in The Soil (mg/kg dry soil);
• QCVN 08-MT:2015/BTNMT National Technical Regulation on Surface Water Quality;
• QCVN 09-MT:2015/BTNMT National Technical Regulation on Groundwater Quality;
• QCVN 07:2009/BTNMT National Technical Regulation on Hazardous Waste Thresholds;
• QCVN 26:2010/BTNMT Vietnamese National Technical Regulation on Noise;
• QCVN 24:2016/BYT Vietnamese National Technical Regulation on Noise- Permissible Exposure Levels of Noise in the Workplaces;
• QCVN 27:2010/BTNMT Vietnamese National Technical Regulation on Vibration;
• QCVN 27:2016/BYT National Technical Regulation on Vibration - Permissible Levels of Vibration in the Workplace;
• QCVN 22:2016/BYT National Technical Regulation on Lighting - Permissible Levels of Lighting in the Workplace;
• QCVN 26:2016/BYT National Technical Regulation on Microclimate - Permissible Value of Microclimate in the Workplace;
• QCVN 25:2016/BYT National Technical Regulation on Industrial Frequency Electromagnetic Fields - Permissible Exposure Level of Industrial Frequency Electromagnetic Fields in the Workplace;
• TCVN 6705:2009 Normal solid wastes – Classification; and
• TCVN 6707:2009 Hazardous wastes – Warning signs.
Regulatory EIA Requirements
To be compliant with Vietnamese regulations, projects must undertake an Environmental Impact Assessment that meets the requirements of the Laws, Decrees, Circulars and Decisions listed below to submit and get approval from the Department of Natural Resource and Environment of Ninh Thuan Province. See Figure 3.1 for illustration on the regulatory EIA process in Vietnam.
• Law on Environment Protection (2014);
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• Decree No. 18/2015/ND-CP Regulation on Environmental Protection Planning, Strategic Environmental Assessment (SEA), EIA and Environmental Protection Plan (EPP); and
• Circular No. 27/2015/TT-BTNMT for guiding SEA, EIA and EPP following Decree No. 18/2015/ND-CP.
The required content of the regulatory EIA report is presented under Circular No. 27/2015/TT-BTNMT on strategic environmental assessment, environmental impact assessment and environmental protection plans, issued by MoNRE in May 2015. A regulatory EIA is undertaken logically in accordance with the prescribed content of the regulatory EIA report, as follows:
• Chapter 1: Project Description;
• Chapter 2: Natural Environment and Conditions and Socio-Economic Conditions in the Project area
• Chapter 3: Assessment and Predictions of Environmental Impact for Project;
• Chapter 4: Measures for Prevention and Mitigation of Negative Impact and Response to Risks and Incidents of Product;
• Chapter 5: Environnemental Management and Monitoring Program;
• Chapter 6: Consultation with the community; and
• Conclusion, Request and Commitment.
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Figure 3.1 Structure of EIA System and Process in Vietnam
Proposal initiated
15 days per Determine based on Annex II of the Decree common 18/2015/ND-CP practices if EIA is required
Proponent determine scope 2-3 months of EIA per common practices
Prepare EIA report Depending on the complexity of the project, 6-12 months per common Submit EIA report to approval authority practices (DoNRE)
Proponent or their consultancies defend EIA report to Appraisal Committee, comments EIA: 60-75 days received (Decree 18/2015/ND-CP)
Authority makes decision: Approval, Approval with Conditions or Reject
The draft regulatory EIA report is required to be consulted with directly affected communities via a face to face meeting hold by affected commune People’s Committees (PCs) and the Project with attendance of representatives from the commune Father Front, different local social organisations and affected hamlets.
After the regulatory EIA report is approved, an Environmental Management Plan shall be prepared (based on the Environmental Management and Monitoring Program proposed within the approved regulatory EIA) and disclosed at the commune PCs where the affected communities are located.
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3.2.2 The Applicable International Guidelines
3.2.2.1 Equator Principles
The Equator Principles1 (EP) consists of ten principles relating to environmental and social assessment and management. In addition, they include reporting and monitoring requirements for Equator Principles Financial Institutions (EPFIs). The EP set a financial industry benchmark that have been adopted by financial institutions for determining, assessing and managing environmental and social risk in projects.
There are currently 78 EPFIs in 34 different countries that have officially adopted the EP standards2. These institutions will not provide financing to clients that are unwilling or unable to comply with the EPs. Some of these lenders, such as the European Bank for Reconstruction and Development (EBRD), may have additional standards to which borrowers must adhere. Further information on financing requirements can be found in Section 14 of IFC’s Utility-Scale solar Photovoltaic Power Plants, A project developer’s guide (Financing Solar PV Projects).
The EPs apply globally and to all industry sectors, hence their relevance to the solar industry. The ten EPs address the following topics:
• EP1 - Review and Categorisation;
• EP2 - Environment and Social Assessment;
• EP3 - Applicable Environmental and Social Standards;
• EP4 - Environmental and Social Management System and Equator Principles Action Plan;
• EP5 - Stakeholder Engagement;
• EP6 - Grievance Mechanism;
• EP7 - Independent Review;
• EP8 – Covenants;
• EP9 - Independent Monitoring and Reporting;
• EP10 - Reporting and Transparency.
1 World Bank Group, “The Equator Principles: A financial industry benchmark for determining, assessing and managing environmental and social risk in projects,” 2013. http://www.equator- principles.com/resources/equator_principles?III.pdf (accessed June 2014). 2 World Bank Group, “The Equator Principles: Members & Reporting,” http://www.equator- principles.com/index.php/members-reporting
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3.2.2.2 IFC Performance Standards
The IFC’s environmental and social standards, guidance notes and guidelines of relevance to the Project include the following:
• IFC’s Performance Standards on Social and Environmental Sustainability, 2012;
• IFC’s General EHS Guidelines, 2007;
• The IFC’s Environmental, Health and Safety Guidelines for Electric Power Transmission and Distribution; and
• The IFC’s Utility-Scale Solar Photovoltaic Power Plants: A Project Developer’s Guide (2015).
These are further discussed below.
IFC’s Performance Standards on Social and Environmental Sustainability, 2012.
The Performance Standards define clients’ roles and responsibilities for managing their projects and the requirements for receiving and retaining IFC support. The IFC applies the Performance Standards to manage social and environmental risks and impacts. They include:
• Performance Standard 1: Social and Environmental Assessment and Management System;
• Performance Standard 2: Labour and Working Conditions;
• Performance Standard 3: Pollution Prevention and Abatement;
• Performance Standard 4: Community Health, Safety and Security;
• Performance Standard 5: Land Acquisition and Involuntary Resettlement;
• Performance Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources;
• Performance Standard 7: Indigenous Peoples; and
• Performance Standard 8: Cultural Heritage.
IFC’s General EHS Guidelines, 2007
Supplementing the IFC PS’s are the General EHS Guidelines that were released in April 2007. The EHS Guidelines are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP), as defined in IFC's Performance Standard 3: Resource Efficiency and Pollution Prevention.
The EHS Guidelines contain performance levels and guidance measures that are generally considered to be achievable by new facilities using existing technology at a reasonable cost. Application of the EHS Guidelines to existing
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facilities may involve the establishment of site-specific targets with an appropriate timetable for achieving them.
These Guidelines contain standards relating to:
• Environment: Air, energy, waste, hazardous materials management, noise and contaminated land;
• Ambient Air Quality;
• Occupational Health & Safety;
• Community Health & Safety; and
• Construction & Decommissioning.
The General EHS Guidelines are designed to be used together with the relevant Industry Sector EHS Guidelines which provide guidance to users on EHS issues in specific industry sectors.
IFC’s Environmental, Health and Safety Guidelines for Electric Power Transmission and Distribution
This guideline includes information relevant to power transmission between a generation facility and a substation located within an electricity grid, in addition to power distribution from a substation to consumers located in residential, commercial, and industrial areas.
IFC’s Utility-Scale Solar Photovoltaic Power Plants: A Project Developer’s Guide (2015).
The guidebook focuses on aspects of project development that are specific to solar. From this perspective it covers all aspects of the overall project development process including site identification, plant design, energy yield, permits/licenses, contractual arrangements, and financing, giving sparser coverage to general project development basics that are not specific to solar.
3.2.2.4 Asian Development Bank (ADB) Safeguard Policy Statement (SPS) (2009)
ADB’s SPS 2009 version, includes three safeguard areas:
• Requirement 1: Environment. Environment Safeguards are triggered if a project is likely to have potential environmental risks and impacts. The purpose of the Environment Safeguards is to ensure the environmental soundness and sustainability of projects, and to support the integration of environmental considerations into the Project decision-making process.
• Requirement 2: Involuntary Resettlement. The involuntary resettlement safeguards cover physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use
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or access to legally designated parks and protected areas. It covers such displacement whether losses and involuntary restrictions are full or partial, permanent or temporary.
• Requirement 3: Indigenous Peoples. As discussed above, during the ERM’s site visit in January 2018, it is defined that no Indigenous People will be affected by the Project development. As such, the Requirement 3 is not applicable for this Project.
3.2.2.4 The World Bank’s Social Analysis Sourcebook (2003).
This sourcebook presents a conceptual framework for social analysis and describes how task teams can incorporate its principles into project design, implementation, and monitoring and evaluation. It is not a policy statement and does not prescribe any mandatory requirements. Instead, it provides guidance on good practice to improve the quality and impact of social analysis by harnessing it to examine the social opportunities, constraints and likely impacts of Bank-supported operations. The sourcebook describes a systematic approach that places social analysis in the service of poverty reduction by focusing directly on equity and social sustainability to improve social development outcomes.
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4 EIA GAP ANALYSIS
Table 4.2 provides a review of the EIA against the applicable standards. Particular environment and social aspects which have the potential to be impacted by the project have been listed and the gap analysis summarises the assessment information contained within the EIA report and then what, if any, impacts require further assessment or implementation of additional management or mitigation measures
A Terms or Reference for specific studies or management plans which are required to manage potential E&S impacts is then provided at Section 5.
4.1 EIA OVERVIEW
According to the Decree No. 18/2015/ND-CP Regulation on Environmental Protection Planning, Strategic Environmental Assessment (SEA), EIA and Environmental Protection Plan (EPP), the Project is subject to a regulatory EIA preparation and obtainment of the approval from the Department of Natural Resource and Environment of Ninh Thuan Province because the land development for the Project is over 100ha. The EIA was prepared by a local consultancy, Ninh Thuan Center for Monitoring of Natural Resources and Environment and was submitted to the Department of Natural Resource and Environment of Ninh Thuan Province for approval.
The following data collection was undertaken to support the EIA:
• Secondary data on geographic information includes topography, geology, climate (temperature, humidity, wind, sunshine, precipitation, wind) and meteorology (storm, fog, and thunderstorm) and hydrography.
• Physical environment baseline, including:
o Air quality: three (03) sampling locations around the Project area. The current ambient air quality meet the National technical regulation on ambient air quality; o Water quality: three (03) sampling locations around the Project area. Most water quality meet the National technical regulation on water quality except 03 parameters: TSS, Fe and Coliform; o Soil: three (03) sampling locations. According to the baseline result, the soil quality meet National technical regulation on limits of heavy metals in soil except Arsenic parameter in 01 sampling location.
• Socio-economic baseline presented in Chapter 2 of the EIA is secondary data for My Son Commune from 2017. The secondary socio-economic baseline data includes basic information on population, education, health, and economic conditions of My Son Commune. In order to comply with the national requirement on regulatory EIA, the Project conducted public consultation for the EIA report at My Son Commune where the Project is located to gain a preliminary understanding of the concerns and
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perceptions of the affected households and local authorities about the Project.
The regulatory EIA includes potential environmental and social impact identification and assessment; and proposed mitigation measures with environmental monitoring programs for the construction and operation phases. The Project EIA includes management commitments which must be implemented by the Project including:
During the construction phase:
• Control dust and air emission in the process of land preparation and construction;
• Reduce noise, vibration during the land preparation and construction phases;
• Manage wastewater generated from activities of the land preparation and construction phases; and
• Implement occupational and community health and safety management measures.
During the operation phase:
Comply with all applicable regulatory requirements on air, noise, vibration, waste, wastewater, electric field, fire, etc.
A summary of key observations from the EIA review and site visit are provided below.
4.1.1 Biodiversity A limited biodiversity baseline is presented in Chapter 2.1.5 of the EIA. The EIA showed that the site consists of species such as shrubs, cactus and bean crops. The EIA does not record any native fauna and goats and sheep were observed grazing at the site. Based on ERM’s site visit, the site does not contain areas native vegetation that would be classed as primary or secondary forest. Eucalyptus and Acacia species have been planted on the site and are possibly used for wood and other purposes. Crops such as sugar cane, corn, cassava have also been planted. The site has been subject agricultural activities and does not appear to contain biodiversity values of particular importance. Based on ERM’s site visit, impacts will be limited to clearing of scattered trees and shrubs which appear to be of limited biodiversity value. Habitats within the site are similar to those within surrounding areas and are unlikely to be of particular importance for locally occurring flora and fauna species. No further assessment of biodiversity impacts is considered necessary for the project.
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Figure 4.1 Photo 3 of the Project Site area
4.1.2 Project Water Use According to the EIA and also clarifications with the project team, water for project construction and operations will be sourced from the irrigation supply system which is connecting to Cho Mo lake. Cho Mo lake was established by installation of a dam in Cho Mo stream in 2007 – 2011. The design capacity of Cho Mo lake is 8.8 million m3, maximum discharge flow is 518 m3/s. The Cho Mo lake is reportedly supplied for agricultural activities in around 1,200 ha of agricultural land nearby the lake through the irrigation system.
According to the regulatory EIA, the Project will establish a 5,000m3 pond onsite feeding from the irrigation system of Cho Mo stream to store water for its construction and operation phases. Water from this pond will be used for domestic usage of workers during the construction and operation phases. In addition, the Project will use water from this pond to clean its solar panels. However, no provision on the location of the pond and water supply treatment methods to ensure the water quality in compliance with the requirement on domestic water and cleaning water. According to the EIA, construction phase will be approximately 09 months. Water is primarily used for domestic use of around 1,000 construction workers at the peak time and vehicle washing with the appropriate volume of 120 m3 per day. In addition, water use for concrete batching has not been included in the EIA. As reported by the Project team during ERM’s site visit, water supply
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demand and source of gravel for the concrete batching plant will be confirmed by the EPC contractor.
During the operation phase, according to the EIA, water will be also sourced from the pond onsite and the daily demand for 35 workers is expected to be approximately 4.2m3. According to the EIA, solar panels will be cleaned three times per year. Total water volume required for solar panel cleaning is approximately 3,000m3 per year, equivalent to 250 m3 per month (or 8,2 m3/day).
It is noted that the Cho Mo lake is served for agricultural activities, ERM is uncertain whether the water usage for other purpose such as industrial activities are permitted or not and it is recommended that the project confirm this. As such it is recommended that the project develop a standalone review of water use options and based on available data confirm if the proposed water source is able to supply the project construction and operational water needs without impacting nearby or downstream users. This should include consideration of water supply for the concrete batching plant. According to consultation with local people during the ERM’s site visit, water supply source in the Project area is limited, especially in the dry season. Based on the water volumes within the irrigation system, it would appear that an appropriate volume is available to support project construction and operation, however a number of aspects require confirmation such as i) the concrete batching plant options; ii) an updated predictions of construction and operational water use; iii) supply water quality to ensure whether it is suitable for domestic uses and solar panel cleaning and iv) confirm if a permit is required for the operational water use of the project.
A more detailed Terms or reference has been provided at Section Error! Reference source not found..
4.1.3 Land Acquisition and Nearby Receptors According to the EIA, a total of 186.6 ha is needed for the Project development and will be converted from the following land uses:
• Unused land: 51.98 ha;
• Annual crop agricultural land: 75.84 ha;
• Perennial industrial crops land: 56.1 ha;
• Transportation land: 1.4 ha; and
• Rivers, canals and streams land: 1.45 ha. According to the meeting with the local authorities during the ERM’s site visit, land acquisition and compensation process for the Project was commenced in November 2017 and is still on-going at the time of ERM’s site visit. The Land Fund Development Centre (LFDC) of Ninh Son District (under the PC of Ninh
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Son District) was assigned to implement this process. The LFDC is responsible for developing the general and detailed Compensation, Support and Resettlement (CSR) plans for approval and implementation it. The total number of displaced HHs due to the land acquisition for the Project was reportedly 63 HHs. All 63 HHs are economically displaced while two of 63 HHs were also physically displaced. The compensation for land acquisition is divided into 2 stages as below:
• Stage 1: CSR plans of 46 displaced HHs were publicly disclosed in March 2017 and compensation and support payment was made for 42 HHs (including the 2 physically displaced HHs). 3 HHs are living far away from Ninh Son District and therefore have not yet received the compensation amount. The remaining one HH of 46 displaced HHs logged a grievance on the detailed measurement survey (DMS) and is still waiting for a resolution of their grievance. This household has not received compensation and support payment at the time of ERM’s site visit. • Stage 2: CSR plans of 17 HHs are being developed at the time of ERM’s site visit. The land acquisition compensation and support payment for these 17 HHs is expected to be in end of May 2018. During the site visit it was explained that two physically displaced households illegally established their houses on agricultural land. As Vietnamese regulations, resettlement support (i.e. transition support, land lots in the Resettlement site) will only be provided to displaced households if the displaced households legally establish their houses in residential land. As a result these two households therefore are not entitled to receive legal support for resettlement. Under the expectations of IFC PS 5, those two physical displaced households are classified as type ii)3 people who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable under national law. Those two physical displaced households should be provided full compensation and support payment in accordance with IFC PS5. The land acquisition process is described in further detail within the Expended Community Development Plan which is provided as a separate report.
4.1.4 Cultural Heritage According to discussion with the Project team during the ERM’s site visit, there are three unknown owner graves located in the Project area. These graves have been located at the site for a long period of time and likely belong to the Raglai People. These graves will be relocated to the cemetery in the commune by the LFDC of Ninh Son District. No other cultural heritages were identified located in the Project site.
3 Refer to Paragraph 17 in IFC PS5
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4.1.5 Indigenous People In Vietnam, the term of ‘indigenous peoples’ is not officially used. Instead, the term ‘ethnic minority’ is officially used and with respect to some ethnic minorities the term is accepted as coterminous by ADB, WB and other UN Agencies working in Vietnam. Apart from Kinh people who are identified as the ethnic majority of Vietnam, other ethnic groups are categorised as ethnic minorities under the following definition.
“Ethnic minority group means an ethnic group with a population smaller than that of the ethnic majority group within the territory of the Socialist Republic of Vietnam. Ethnic majority group means an ethnic group with a population accounting for over 50% of the country's total population according to national population survey.” (Decree 05/2011/ND-CP on Ethnic Minority Work dated 14th January 2011). According to the 2009 Census of Vietnam, there are 54 officially recognised ethnic groups in Vietnam, of which Kinh (ethnic Viet) are considered as the ethnic majority which makes up 86.2% of the total population of Vietnam. Therefore, in Vietnam, all other ethnic groups are known as ethnic minorities. Ethnic Kinh people speak the Vietnamese language and tend to be spread across about half of the country's territory, especially in coastal and low-lying areas that are advantageous for different socio-economic activities. Meanwhile, most of the remaining 13.8 percent is comprised of 53 other ethnic minority groups who principally reside in remote, mountainous rural areas and are often economically and socially disadvantaged across a range of dimensions. These include a huge diversity in terms of languages, origins, religions and even scripts used. These characteristics of ethnic minority groups in Vietnam (excepting Chinese ethnic group) may satisfy the characteristics of indigenous people. The EIA report did not present the status of ethnic minorities/indigenous peoples in the Project area. In My Son commune, there are four ethnic groups, including Kinh people, Raglai, Cham, and Nung. The Kinh and Nung peoples are not recognised as indigenous peoples in the Project area. The Kinh are the dominant ethnic group of Vietnam while the Nung generally reside in the northern of Vietnam and are recent migrants to the Project area. According to local authorities engaged during the ERM’s site visit, Raglai and Cham people have been settled in Ninh Son District, Ninh Thuan Province for a long time. They normally reside inland and in elevated areas. Their key livelihood is agriculture/farming (i.e. crops plantation and husbandry). Desktop research and review of available literature indicates that these two ethic groups are likely to represent Indigenous Peoples. Based on the review of the applicable national laws and regulations, ethnographic literature, and consultation ERM have provided an assessment of the Raglai and Cham peoples against the indigenous peoples evaluation criteria established under IFC PS 7. This is provided at Table 4.1 below and confirms their status as Indigenous peoples.
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Table 4.1 Evaluation of Indigenous Peoples
PS7 Considerations Ethnic groups: Raglai, Cham Self-identification as Each of the ethnic groups has different particular ethnic members of a distinct features and their identity is normally recognised by other indigenous cultural group ethnic groups and by Government and other available sources. and recognition of this identity by others; Collective attachment to Both Raglai and Cham ethnic groups are residing in Khanh Hoa geographically distinct and Ninh Thuan provinces in the Southeast region of Vietnam. habitats or ancestral According to the local authorities, the Raglai and Cham people territories in the project area have inhabited in Ninh Thuan Province for approximately 10 and to the natural resources generations. in these habitats and territories; Customary cultural, Raglai and Cham people have distinct cultural practices such as economic, social, or political community organization, including the patriarch system, house institutions that are separate style, ceremony and festival, belief and blowing rituals.4 from those of the mainstream society or culture; or A distinct language or Raglai and Cham people have their own language and scripts dialect, often different from which is different from the official language of Vietnam. the official language or Though they are also proficient in official language, they often languages of the country or interact with each other in their language, especially the region in which they reside. elderly. Is there a national definition Yes, Vietnam has defined the term ‘ethnic minorities’ and has of indigenous people bestowed constitutional rights to protect their interest. It has (outlined in local/national created Institutions such as Council on Ethnic Minorities to legislation)? Has the country advise the National Assembly on Ethnic Minority Issues. ratified international treaty or instruments with Vietnam had voted in favour of the UN Declaration on Rights obligations towards of Indigenous Peoples but is yet to ratify the ILO Convention Indigenous Peoples? 169. OVERALL CONCLUSION Raglai and Cham people are recognized as ‘ethnic minorities’ and their traditional habitats in Ninh Thuan Province are recognized by Vietnam government as well as other ethnic groups. They also have distinct cultural identity and their livelihood is mostly dependent on upland agriculture which is affected by the Project. Hence, Raglai and Cham in this specific context may be considered as Indigenous Peoples.
Of the 63 displaced HHs, three ethnic minority households (Raglai People and Nung People) were identified as being affected by the project. Of these HH one was from the Raglai ethnic minority. These HH currently use the site for farming and have been compensated for economic displacement. The socio-economic baseline report discusses in detail the local social context and land use of the site by the local communities. This report found that the site is unlikely to be of particular importance to local communities and particularly the livelihoods and social fabric of the Raglai and Cham peoples residing within the area.
4 http://vovworld.vn/en-US/colorful-vietnamvietnams-54-ethnic-groups/raglai-ethnic-group-in-southern-central- vietnam-345264.vov
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4.2 EIA REVIEW
The remaining EIA gaps are summarised at Table 4.1 and recommendations regarding further studies or actions to be incorporated into the Projects ESMP have been made.
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Table 4.2 Gap Analysis
Environmental EIA Summary Summary of Findings Recommendations and Social Aspects
Land acquisition As summarised within this report, the Project will occupy Impact assessment on land acquisition for the Project is limited in the EIA. ERM was commissioned to develop an Expanded approximately 187 ha of land in Tan My and Phu Thuan Hamlets, For instance, no provision on livelihood impacts and land use and land Community Development Plan (ECDP) for the My Son Commune, Ninh Son District. The detailed current land tenure impacts on displaced households is provided in the EIA. Project. In order to develop the ECDP, ERM use types in the Project area is presented below: conducted a number of consultation including:
Around 187 ha of land will be acquired by the Project. • Meetings with local authorities; • Focus group discussion with local people in • Unused land: 51.98 ha; commune; and • Annual crop agricultural land: 75.84 ha; • Household interview with displaced • Perennial industrial crops land: 56.1 ha; households.
• Transportation land: 1.4 ha; and The findings of this process are presented in the Expanded Community Development Plan. An • Rivers, canals and streams land: 1.45 ha. assessment of impacts from this process is also Total 63 households will be economically displaced. As observed included within the report. during the site visit, sugar cane, acacia, cassava, corn and coconut was being planted in the Project land area. Two households were identified living in the Project area.
Surface water No waterbodies are located within the project site, while one of the As summarised in Section 4.1.2 the following concerns have been identified The project to update following elements prior to the nearest water bodies is the Cho Mo lake which is approximately 3 with regards to water use and assessment of impacts: construction commencement: km away from the site and construction and operational water • • supply will be sourced from here. Confirmation of volumes for the concrete batching plant is required; Summarise all water use including for the • Updated predictions for the construction and operational water use; concrete batching plant; Three water quality sampling was conducted at three locations • Water quality to ensure whether it is suitable for domestic uses and near the project site (2 samples at Cai River and 1 sample at the • Consultation with authorities to confirm whether solar panel cleaning; irrigation system of Cho Mo lake). Most water quality meet the appropriate permits are required for the water National technical regulation on water quality except 03 • Project to confirm if a permit is required for the operational water uses from the Cho Mo lake; parameters: Total suspended solids, Iron and Coliform; use given the predicted demand and proposed source from Cho Mo • Lake. Water supply treatment system to confirm the water quality of the water supply source.
Air emission • Baseline air sampling was conducted at three locations Given the EIA and other project information, impacts to local air quality are ERM has prepared an Environmental and Social according to National standard on Air Quality QCVN likely to be limited to dust generation during the construction period and Management Plan which will include mitigation 05:2013/BTNMT, National technical standards on noise - are unlikely to warrant further assessment. measures for air emission control during the QCVN 26:2010/BTNMT. Sampling was conducted for construction and operation phases.
parameters such as CO, SO2, NO2, Pb and TSP. The sampling found that ambient conditions meet the relevant standards. • The EIA considers impacts during site preparation and construction as a result of vehicle emissions and also dust generation during onsite activities and also equipment transportation to site. The nearest receptors (local households) are located approximately 50m from the Project site. The EIA does not find that significant impacts are likely and
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Environmental EIA Summary Summary of Findings Recommendations and Social Aspects recommends mitigation measures such as ensuring all vehicles/equipment have license of operation, spraying water at work areas during construction phase… During operations, air quality impacts are unlikely therefore no mitigation measure is proposed.
Wastewater During construction phase, the EIA refers to the following • Receptors and detail of wastewater treatment process such as for • Detailed Wastewater Management Plan should be wastewater types and volumes: sewage waste were not provided in EIA; developed and implemented for the operation phase of the Project before the operation phase’s • Domestic wastewater: 120 m3 per day (1,000 workers); • It is also unclear how pollutant sources such as domestic wastewater commencement. Guidance on this and • Runoff water: The volume is about 16,705 m3/day. The impacts and contaminated runoff will be managed. recommended mitigation measures are detailed of runoff water is minor. within the ESMP.
During operation phase, the EIA refers to the following wastewater types and volumes:
• Domestic wastewater: 4.2 m3 per day; • Wastewater from cleaning solar panels activity: 3,000m3/year; • Wastewater from firefighting activity.
Solid Wastes During construction, the EIA refers to the following waste types • Vietnamese regulations generally align with the expectations of the IFC • Detailed Waste Management Plans should be and volumes: PS3 with regards to waste treatment and disposal. However, developed and implemented for all phases of the enforcement maybe difficult in Vietnamese context due to lack of Project. Each plan should reflect the expectations • Domestic solid waste: approximately 500kg per day; qualified providers/contractors. of Vietnamese regulations and IFC PS3. Guidance • Solid waste from construction activities such as soil, bricks, • Waste controls relating to management (daily collection, good on this and recommended mitigation measures cement and scrap steel. housekeeping) and open burning (banned) should been specified in the are detailed within the ESMP. Each phase should During operation, the EIA refers to the following waste types and Construction Environment Management Plan and also during operation be developed before the each construction/ volumes: phases. operation phase’s commencement. • Domestic waste volume approximately 17.5kg per day; • Office waste such as paper; • Solid waste generated by tree trimming in the safety corridor.
The EIA confirms that all waste must be collected, classified, stored and thoroughly treated in accordance with the Decree No. 59/2007/NĐ-CP dated 09/4/2007 of the Government on solid waste management and the Decree No. 38/2015/NĐ-CP dated 24/4/2015 of the Government on waste and waste management.
Hazardous wastes Construction phase: • The Waste Management Plan as recommended Further to above, Vietnamese regulations for hazardous waste storage and During construction, hazardous waste sources will include: tar oil disposal generally align with the expectations of IFC PS 3. Solar panels are above should include non-hazardous and and tar oil drums for traffic works, mops, paint buckets, paint classified as a hazardous waste, appropriate measures will need to be hazardous waste management. Guidance on this established to ensure they are appropriately stored and disposed of. and recommended mitigation measures are detailed within the ESMP.
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Environmental EIA Summary Summary of Findings Recommendations and Social Aspects brushes, light bulbs, grease and waste. Estimated lubricant waste volumes is 294 litters. Damaged solar panels during transportation is estimated 6,318kg. Operation phase: During operations sources of hazardous waste will include batteries, fluorescent lamps, waste arising from the maintenance and repair of equipment such as waste oil, oil mop, oil transformers, paint tins and broken solar panels. The EIA confirms that all hazardous waste collection, storage and treatment must comply with the Decree No. 38/2015/NĐ-CP on solid waste management and the Circular No. 36/2015/TT- BTNMT.
The project will be required to establish a temporary hazardous waste storage area during construction and operations. This must be contained on a hardstand area and be appropriated housed and bunded within a dedicated storage area. • As mentioned in EIA, project site is located in a sandy and windy zone. Soil Baseline soil sampling was conducted at three locations. Samples -No specific recommendations made. Therefore, the risk of erosion of PV modules foundation and support were analysed for parameters such as Cd, Pb, Cu and Zn, structures is increased. Exposed soils are likely to be subject to erosion according National standards on heavy metals in industrial soil – during rainfall events and this will require the establishment of onsite QCVN 03-MT:2015/BTNMT. The analysed results show that soil and erosion management practices. Contamination risk is also allmost the parameters were below the reference criteria except As possible if fuels and chemicals are not appropriately managed and parameter. stored. • ERM understood that the Project Owner commissioned a competent consultancy to survey, sampling to develop a Geological study which provides information of geotechnical conditions such as distribution, thickness, phy-mechanical properties of soil and rock layers, groundwater,… for design constructions. ERM’s opinion is that further assessment on soil erosion is not required.
As summarised at Chapter 4.1.1 ERM’s site visit found that it is unlikely that No further assessment of biodiversity impacts or Biodiversity The biodiversity information in the EIA is secondary data and important biodiversity habitats or values would be affected as a result of specific management measures were identified as describes the presence of agricultural and cropping areas only. No site clearing. As such, no further assessment of biodiversity impacts has being necessary. assessment of biodiversity impacts was conducted. been recommended.
Occupational • During the construction phase, the EIA refers to the following No information regarding onsite management practices and also • A consolidated HSE management plan/system, Health & Safety potential impacts to occupational health and safety: management of risks to the community such as from traffic have been taking into account the ESMP and the IFC EHS o Labour incident, developed at this stage. Guidelines, should be developed and rolled out o Fire and explosion; for the each phase of the Project before the o Traffic accident commencement of the construction/ operation phases.
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Environmental EIA Summary Summary of Findings Recommendations and Social Aspects • Mitigation actions are listed to minimize traffic accidents, • The project should also implement a traffic social security such as training on occupational safety and management plan. Guidance on this is provided health, and strict adherence to road traffic safety. within the ESMP. • During operation phase, impacts are limited to electric shock, fire and explosion. Management measures are provided to reduce incidence of electric shocks, fire incident to workers to comply with the "Technical safety procedures in management, operation, repair and construction of electric lines and stations" promulgated together with the Decision No. 1559 EVN/KTAT of the General Director of EVN dated 21/10/1999, the Circular No. 31/2014/TT-BCT of the Ministry of Industry and Trade dated 2/11/2014 detailing some electricity safety issues.
• No audits or inspections have been outlined as part of the monitoring Environmental A monitoring Program is provided in the EIA which includes • ERM have prepared an ESMP which includes programme (Performance Standard 1: Assessment and Management of Monitoring Monitoring & Inspections activities for: reference to the regulatory management and Environmental and Social Risks and Impacts). Program Construction phase: monitoring commitments and also additional measures required to meet the IFC PS and EHS • Ambient environment: 03 samples, quarterly, assess by QCVN Guidelines. It is recommended that an external 05:2013/BTNMT and QCVN 26:2010/BTNMT; audit be conducted of the ESMP on a biannual • Solid wastes: Supervise contractor for treating wastes. basis throughout construction and commissioning Operational phase: regular monitoring quality of the following: and on an annual basis during operation.
• Electromagnetic field: 03 samples, quarterly and authorize requirements; • Solid waste and Hazadous waste: monitoring at the plant. Frequency: regularly.
Socio-economic Socio-economic baseline data presented in the EIA is obtained • It is common practice when conducting EIA in Vietnam that normally, No specific recommendations made. baseline from the secondary data source and at very high level which secondary socio-economic baseline data at commune and district level describes broadly whole My Son Commune. For instance, main is used for the assessment. A detailed socio-economic baseline survey of livelihood, health condition, and infrastructure information is not the Project site is rarely conducted. provided in the EIA. • ERM conducted a socio-economic baseline survey for the Project to feed to the development of the ECDP. There will be a socio-economic baseline chapter in the ECDP.
Community health No impact assessment on community health and safety was • No impact assessment on community health and safety was conducted The Project should develop and implement a and safety conducted and included in the EIA. and included in the EIA. Community Health and Safety management program • Community health and safety risks from the Project construction for the Project before the commencement of the activities are likely from the vehicles transportation, noise and vibration construction phase. and transmission of communicable diseases such as HIV/AIDS and The project should also develop and implement a other STDs from migrant workers. traffic management plan before the commencement of • While during the operation phase, community health and safety risks the construction phase. Guidance on this is from the Project is fire and explosion from the transformer station. provided within the ESMP.
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Environmental EIA Summary Summary of Findings Recommendations and Social Aspects However, given the transformer station is located quite far away from the residential area, impact and risk is unlikely.
Worker The Project has confirmed that total workers may reach 1,000 • Some several regulatory permits, i.e. temporary construction permit, The Project should develop and implement a Worker accommodation persons during construction phase, including around 600 migrant temporary residence registration for workers etc. will be required. Accommodation Management Plan for the workers and 400 local workers. Migrant workers will stay in • The EIA did not detailed mention about worker’s accommodations such construction phase before the commencement of the temporary worker accommodation sites in the Project site. as: how many accommodations; basic household commodities for construction phase. The Worker Accommodation Management Plan should i) fully align with accommodations; electricity, water, sanitation, etc. requirements of IFC PS2 and IFC Worker Accommodation Standard; ii) comply with legal requirements that are likely applicable for worker accommodation facilities such as (but not limited to):
• Temporary construction permitting; and • Temporary residence registration for workers.
Indigenous The EIA did not make any reference to Indigenous peoples. According to the consultation with the People’s Committee of Ninh Son ERM was commissioned to develop an Expended peoples District during the ERM’s site visit, there are Cham and Ra Glai people in Community Development Plan (ECDP) for the My Son Commune and nearby communes. Project. Indigenous Peoples are referred to within the ECDP.
Cultural Heritage The EIA does not discuss Cultural Heritage impacts. According to discussion with the Project team during the ERM’s site visit, • The Project to consult with local authorities and there are three unknown owner graves located in the Project area. These communities about the presence of graves in the
graves located there long time ago and likely belongs to Raglai People. Project site regarding the relocation plan. These graves will be relocated to the cemetery in the commune by the • The Project to consult authorities about LFDC of Ninh Son District. presenting of cultural heritage and the potential impacts on cultural heritage in the Project area and develop a Chance Find Procedure for the Project. • ERM have recommended that a Chance Find Procedure is established. • The Chance Find Procedure should be developed before the land clearance process.
Cumulative No cumulative impact assessment was conducted in the EIA. According to the ERM’s site visit, there is also a Solar Power Plan Projects is While there are a number of projects developments impacts located nearby the Project. This project is currently under the compensation are at various stages of planning, it is uncertain if any process. In addition, several other solar and wind farm projects are being of these will proceed to development. As a result, planned to develop within Ninh Son District. All of these projects are at ERM is not recommending a cumulative impact various stages of design and few have yet progressed to development or assessment at this stage. However this will need to be operation. Cumulative impacts associated with the Project’s activities and considered if future projects proceed to development other projects in Ninh Son District have not been considered. in the district.
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Environmental EIA Summary Summary of Findings Recommendations and Social Aspects A terms of reference is provided at Section 5.3 should this be required in the future.
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5 TERMS OF REFERENCE FOR THE SUPPLEMENTAL IMPACT AND RISK ASSESSMENT
5.1 INTRODUCTION
This Section serves as the Terms of Reference (ToR) for the recommended studies or management plans identified during the EIA gaps analysis process.
Each of these is provided under the following headings.
5.2 CHANCE FIND PROCEDURE
5.2.1 Objective and Applicability
The purpose of the Chance Find Procedure (CFP) is to provide the Project and its contractors with an appropriate response procedure to implement in the event of a chance discovery of items of archaeological and cultural heritage significance during the land development and construction phases of the Project. It should be developed to ensure compliance with relevant Vietnamese regulations as well as taking into consideration of international best practice based on the IFC Performance Standards.
The CFP should be applied to the whole Project Site and other associated facilities (e.g. transmission line, transformer station, workers’ camps) which are going to be developed by the Project Owner and its contractors.
5.2.2 Stakeholder Engagement
Initially, the Project should consult with the People’s Committee of Ninh Son District and My Son Commune to:
• Define potential chance finds within the Project Site; • Get collaboration during development and implementation of the CFP.
5.2.3 Definition of Archaeological Heritage
Archaeological heritage is objects accidentally discovered or discovered during archaeological exploration and excavation that are valued in terms of historical, cultural or scientific aspects. It is considered part of tangible cultural heritage and can be found on the earth’s surface, beneath the surface or underwater.
In practice, archaeological heritage categories vary widely, but can be captured by the following:
• Burial Places; • Artefacts; and • Structural Remains.
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5.2.4 Cultural Heritage Management Hierarchy
Where the Project has encountered tangible cultural heritage that is replicable and not critical, the Project will apply mitigation measures that favours avoidance. Where avoidance is not feasible, the Project will apply a mitigation hierarchy as follows:
• Minimize adverse impacts and implement restoration measures, in situ, that ensure maintenance of the value and functionality of the cultural heritage, including maintaining or restoring any ecosystem processes needed to support it; • Where restoration in situ is not possible, restore the functionality of the cultural heritage, in a different location, including the ecosystem processes needed to support it; • The permanent removal of historical and archaeological artefacts and structures is carried out according to relevant regulations and IFC PS8; and • Only where minimization of adverse impacts and restoration to ensure maintenance of the value and functionality of the cultural heritage are demonstrably not feasible, and where the Affected Communities are using the tangible cultural heritage for long-standing cultural purposes, compensate for loss of that tangible cultural.
A proposed structure of a CFP is illustrated in Table 5.1.
Table 5.1 Proposed Structure of a Chance Find Procedure
Chapter Contents Heading Explanatory Note Number 1 Introduction This chapter provides a purpose and application of the procedure. Additionally, project background is introduced in this chapter. 2 Legal framework and This chapter provides relevant requirements requirements on cultural heritage management including national (Vietnamese regulations) and international requirements (Equator Principles and IFC performance standards). 3 Overview of The Chapter will present an overview of Archaeological Heritage potential for chance finds within the Project at the Project Site Site after consultation with competent authorities and document review. A recognition of Archaeological Heritage relevant to the Project Site will also be included in this Chapter.
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Chapter Contents Heading Explanatory Note Number 4 Chance Find Procedure This chapter provides definition of archaeological heritage; chance finds recognition and organizational framework for Chance Find management (i.e. role and responsibilities of each department of the Project Owner and its contractors). This chapter will also present detailed steps needed to be done prior to the construction phase and during the construction phase, (i.e. collaboration with relevant parties in case of chance find is found). Record keeping requirement will be also included in the chapter. 5 Monitoring and Contents of this chapter include: Reporting • Indicators and frequency of internal and external monitoring; • Frequency and key content of a monitoring report; and • Who will be responsible for monitoring and reporting (internal and external), and who will review the reports.
5.3 CUMULATIVE IMPACTS
Cumulative impacts are generally considered to be any impact that arises as a result of an impact from the Project interacting with an impact from another activity to create an intensified impact.
As identified within IFC PS1, they result from the incremental impact on areas or resources used or directly impacted by the Project, from other existing, planned or reasonably defined developments at the time the risks and impact identification process is conducted. The cumulative impact assessment should be prepared with reference to the IFC’s Good Practice Handbook “Cumulative Impact Assessment and Management: Guidance for the Private Sector in Emerging Markets”.
The assessment should identify all potential future power developments within the district and appraise the potential environment and social impacts associated with these, in addition to those impacts identified from the project.
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Annex A List of Reference documents
Annex A List of Reference documents
1. The Environmental Impact Assessment (EIA) report 2. Desk Study for the Solar Power Plant in Ninh Thuan 3. Desk Study and Evaluation on Soil Morphology 4. Decision No. 330/QD-UBND on Investment Policy dated 05 October 2017 5. Grid connection agreement 6. Pre-Feasibility Study 7. Mutual Non-Disclosure Agreement 8. Project Development Schedule 9. Land compensation plan 10. List of land owners 11. Site survey report 12. Feasible study: • 12.1 General Report • 12.2 Power Plant Basic Design Report • 12.3 Total Investment Report • 12.4 110kV Substation Basic Design Report • 12.5 Connection Line Basic Design Report • 12.6 Plant Drawing • 12.7 Substation Drawing • 12.8 Connection Line Drawing
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