Yap Adoption of Reg., Title II

to Title 18, Section 1507(a), of the Yap State Code, to p promulgate regulations to carry out the purposes of the Yap State Environmental Quality Protection Act; and

WHEREAS, the Yap State Environmental Protection Agency has drafted Regulations for Environmental Impact Assessment, and such regulations have been subject to public comment as required by the State Administrative Procedures Act;

NOW THEREFORE, pursuant to authority vested in it by law, the Yap State Environmental Protection Agency hereby adopts and promulgates Regulations for Environmental Impact Assessment, Title II, Chapter I.

1.1 Authority: These regulations are promulgated and issued by the Chairperson of the Yap State Environmental Protection Agency "EPA" pursuant to 18 YSC 1509 (a), as amended. These regulations have the force and effect of law. All the previously issued Environmental Impact Assessment regulations are hereby repealed.

1.2 Purpose: The purpose .of these regulations is to implement the Yap State Environmental Quality Protection Act (Y.S.L. 3=73) by establishing standard procedures for the preparation of an Environmental Impact Statement prior to any action proposed to be undertaken in Yap State that may significantly affect the quality of the human or natural environment.

(a) Integrate the EIA process into early planning of projects to ensure timely consideration of environmental factors and to avoid delays; and

(b) Identify at an early stage the significant environmental issues r wiring further study thereby the,scope of the EIA.

1.3 Definitions: The following words and terms, when used-in these regulations, shall have the following meanings, unless the context clearly indicates otherwise:

(c) "Cumulative Impact" means the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor, but collectively significant actions taking place over a period of time or in a number of locations.

(d) "Draft Environmental Impact Statement" means a document which satisfies Parts III and IV of these regulations. Generally the Draft Statement is designed to address:

(2) Indirect effects, which are caused by the project and are later in time or further removed in distance, but are still reasonably foreseeable.

Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.

Effects and impacts as used in these regulations have the same meaning. Effects may be ecological, aesthetic, historic, cultural, economic, social, or health related, whether direct, indirect, or cumulative.

"Environment" means humanity's surroundings,_including but not limited to: all the physical, social, aid economic conditions that exist vvithin the area affected by a proposed project, including: land, water, atmosphere, human and animal communities, climate, ambient noise, odors, minerals, flora, fauna, and objects of historic or aesthetic significance.

(g) "Environmental Impact Assessment" or "EIA" means the process by which all environmental, health, social, cultural and economic impacts of a project, including alternatives, are identified and analyzed before the decision to approve a project is made. The EIA is used to predict the likely economic, social, cultural, health and ecological consequences of a proposed activity -- i.e. the effect on the environment. The EIA is intended to assist in planning to prevent or reduce adverse impacts to .acceptable levels before investment is committed.

(h) "Environmental Impact Statement" or "Statement" or "EIS" refers to three separate documents covered by this regulation. See "Preliminary Environmental Impact Statement," Draft Environmental Impact Statement," and "Final Environmental Impact Statement."

The initial statement filed with EPA so that the.-Board may determine if the project may have significant impacts on the environment is a "Preliminary Environmental Impact Statement." The document filed with EPA for public review shall be referred to as the "Draft Environmental Impact Statement" and shall be distinguished from the "Final Environmental Impact Statement" which is the document that has incorporated the public's comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the EPA.

"Environmental Risk Assessment" or "ERA" means an analysis of the probabilities of various environmental consequences of a project. ERA is only likely to be necessary when uncertainties exist about the impacts of a project and those impacts are likely to be significant.

(j) "Exempt classes of action" means exceptions from the requirements of these regulations for a class of actions, based on a determination that the class of actions will probably have a minimal or no significant effect on the environment.

(k) "Exemption notice" means a brief notice field by the EPA when it has determined that the proposed project is an exempt project as defined in these regulations.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

"Final Environmental Impact Statement" means a document which satisfies-Part V of these regulations. The final statement shall be distinguished from the Draft EIS filed for public review as the Final EIS is the document that has incorporated the public's comments and the responses to those comments. The Final EIS is the document that shall be evaluated for acceptability by the EPA.

"Independent" means any legal entity which is not controlled"by either the government or the project proponent nor subject to either's right to control with respect to the performance of the study.

(4) Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the action; or

(q) "Person" means any individual, corporation, partnership, association, government (including Yap State and the Federated States of Micronesia and any political subdivisions thereof), government agency, municipality, commission, foundation, non-government organization, or any other institution or entity;

(r) "Practicable" means available or capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

"Preliminary Environmental Impact Statement" means a document which satisfies part II of these regulations. The Preliminary EIS is designed to provide EPA and the public with enough information so EPA can make a determination if a Draft EIS is required.

"Project" means any plan, proposal or intention by any person to embark on any activity, scheme, construction, development, or undertaking which is likely to have a significant impact on-the physical nature of the environment in any way.

(u) "Project Proponent" means the person proposing any project likely to have a significant impact on the quality of the environment.

(v) "Scope" means the range of actions, alternatives, and impacts to be considered in an environmental impact assessment. Scoping is a process whereby the range of impacts and alternatives to be considered in an EIA is defined.

"Significant Impact" is defined in the context of considering the harmful effects of an action on the human and natural environment. In determining whether an impact is significant, the following criteria may be considered:

(4) The location of a project in a sensitive area (e.g. historic site, coastal area, marine conservation area, wetland area);

(5) The relationship to other components of a project or other projects in a region; and (6) The intensity or severity of an impact (irreversible or cumulative).

Except as otherwise provided, a Preliminary Environmental Impact Statement shall be required for any and all projects.

(b) Exempt classes of action. Some classes of actions shall be exempted from preparation of a Preliminary EIS because they will probably have minimal or no significant effects on the environment. Actions -exempt from the preparation of air environmental assessment under this section are not exempt from complying with any other applicable statute, rule, or regulation.

All exemptions under the classes in this section are inapplicable when the cumulative impact of planned successive actions of the same type, in the same place, over time, is significant, or when an action that is normally Insignificant in its impact on the environment may be significant in a particularly sensitive environment. The following list represents exempt classes of action:

(1) Operations, repairs, or maintenance of existing structures, facilities, equipment, or topographical features, involving negligible or no expansion or change of use beyond that previously existing;

Basic data collection, research, experimental management, and resource evaluation activities which do not result in disturbance to an environmental resource;

(4) Any project that is built exclusively with traditional materials, building technique, and equipment including: Flauw, Pebai, Koyeng, and Wo' ni malang.

2.2 Submission of Preliminary EIS: Every project proponent must prepare and submit to the EPA Board a Preliminary EIS, as provided by these Regulations, prior to the commencement of any project significantly affecting the environment, preferably during the early planning stages of the project proposal.

2.3 Contents of Preliminary EIS: Every project proponent shall prepare a Preliminary EIS which shall at a minimum contain the following information:

(a) The EPA Board may require the project proponent to furnish such additional information, plans or specifications as the EPA Board may deem necessary.

(b) The EPA Board shall review the Preliminary EIS and make a determination if a Draft EIS is required within twenty (20) calendar days of the date of submission. A project is deemed not to require a draft EIS should EPA not issue a decision regarding the

Until a determination is made or twenty (20) calendar days have passed since the date of submission of the Preliminary EIS, no action concerning the project shall be taken by the project proponent or any other person which may have an adverse environmental impact or limit the choice of reasonable alternatives.

(a) The EPA Board shall make a determination, based on the Preliminary EIS or other information, regarding the project's potential for significant impact on the environment.

(b) If the EPA Board determines that the project should have no significant adverse impact, the EPA Board shall give written notice of that determination to the project proponent. Upon the date of such determination, no further action is required under these regulations before the project proponent rr4~y continue with the project.

If the EPA Board determines that the project may have a significant impact on the environment, the EPA Board shall notify the project proponent in writing chat an Environmental Impact Statement is required.

(1) In considering the significance of potential environmental effects, EPA shall consider the sum of effects on the quality of the environment, and shall evaluate the overall and cumulative effects of an action.

(2) In determining whether an action may have a significant effect on the environment, the EPA; Board shall consider every phase of a proposed action, the expected consequences, both primary and secondary, and the cumulative as well as the short and long-term effects of the action. In most instances, an action shall be determined to have a significant effect on the environment if it:

Conflicts with the Yaps long-term environmental policies or goals and guidelines as expressed in the Environmental Quality Protection Act and any revisions thereof and amendments thereto, any regulations promulgated thereunder or court decisions;

Substantially affects the economic or social welfare of the community; e. Substantially affects public health; f. Involves substantial secondary impacts, such as population changes or effects on public facilities or infrastructure; g. Involves a substantial degradation of environmental quality; h. Has individually limited but cumulatively considerable effect upon the environment or involves a commitment for larger actions; i. Substantially affects a rare, threatened or endangered-species, or its habitat; j. Detrimentally affects air or water quality or ambient noise levels; or

k. Affects an environmentally sensitive area such as flood plain, erosion-prone area, geologically hazardous land, estuary, lagoon, reef area, mangrove swamp, fresh water, or coastal waters.

(e) Exempt classes of action. Some classes of actions shall be exempted from preparation of either a Draft or Final EIS because they will probably have minimal or no significant effects on the environment. EPA is the sole determiner of projects which are exempt under this section. Actions exempt from the preparation of an environmental assessment under this section are not exempt from complying with any other applicable statute, rule, or regulation.

All exemptions under the classes in this section are inapplicable when the cumulative impact of planned successive actions of the same type, in the same place, over time, is significant, or when an action that is normally insignificant in its impact on the environment may be significant in a particularly sensitive environment. The following list represents exempt classes of action:

(1) Replacement or reconstruction of existing structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose, capacity, density, height, and dimensions as the structure replaced;

Construction and location of single, new, small facilities or structures and the alteration and modification of same and installation of new, small equipment and facilities and the alteration and modification of same including;

Multi-unit structures designed for not more than two dwelling units if not in conjunction with the building of two o mach structures;

Stores, offices and restaurants d persons or less, if not in conjunction with the building of two or more such structures; esigned for total occupant load of twenty

Water, sewage, electrical, gas telephone and other essential public utility services extensions to serve structures or facilities identified in this section; and accessory or appurtenant structures including garages, carports, patios, swimming pools and fences;

3.1 General: Upon receipt of notification by the EPA Board, the project proponent of a project that has been determined to have the potential for significant environmental impact shall submit a Draft EIS to the EPA Board.

Upon receipt of notification by the EPA Board that the project has been determined to have potential for significant environmental impact, the project proponent shall notify, in writing, all public agencies responsible for resources affected by the project or otherwise having jurisdiction over the project. This written notice shall request comments on the proposed scope for the EIS.

The EPA Board shall arrange a joint meeting to determine the scope of the EIS. Such scope shall be determined based on information gathered in the Preliminary EIS, any comments which may have been received, and professional judgement. Should the EPA Board consider that possible uncertainty of the environmental consequences of the project exists the EPA Board may require that the scope of the EIS include an Environmental Risk Assessment of the project.

(a) Any person or organization employed by the project proponent for the purpose of undertaking any aspect of the EIS or Draft EIS shall be independent and unbiased, . and shall be approved by the EPA Board before commencing work. Should the project proponent wish ate planning for the project he may commence work on the Draft EIS before such approval is given. In such a case however the EPA Board may reject the Draff EIS, or Final EIS if it considers that those engaged in its preparation were inappropriate.

The project proponent shall submit two copies of the Draft EIS to the EPA Board. Upon receipt of a completed Draft EIS, the EPA Board shall:

c. That any person may submit written comments to the EPA Board regarding the Draft EIS within a period not less than thirty (30) calendar days from the date the notice was first announced.

(b) The project proponent shall send a copy of the Droft EIS to all persons and public agencies who, in the opinion of the EPA Board, may be affected or interested, and advise each person that written comments must be received within the date specified in Section 3.4(a) above.

(c) The EPA Board may hold a public hearing on the Draft EIS if it determines that such a hearing is necessary to facilitate public involvement. EPA must hold a public hearing if requested in writing by twenty (20) persons, by a governmental subdivision or agency, or by an association having not less than twenty (20) members. The public hearing shall be arranged following:

(3) Notice in such public places as the EPA Board determines including Yap Post Office, Yap State Court and Yap Office of the Governor.

(a) After the thirty (30) calendar day comment period set forth in Section 3.4, the project proponent and the EPA Board shall have thirty (30) calendar days to evaluate comments received on the Draft EIS.

(b) At the close of the thirty (30) day comment period EPA shall forva,the project proponent copies of all written comments received or postmarked-during the thirty (30) day period.

(c) The project proponent shall respond in writing to the comments received or postmarked during the thirty (30) day comment period, and shall append all comments and responses to the Final EIS.

4.3 Summary: Each Draft EIS shall contain a summary of the proposed project and its consequences in simple, accurate language. The summary shall emphasize the areas of controversy, issues to be resolved, choice among alternatives, and how to mitigate the significant impacts.

4.4 Description and Purpose of Action: Each Draft 1IS shall include a description of the proposed project, including:

4.5 Alternatives: The Draft EIS shall contain any known..,aliernative to the proposed project. Any alternative which could feasibly attain the objectives of the action, even if more costly, must be described. Alternatives include: alternative site selections, no action, and actions of a significantly different nature which would provide-similar benefits with different environmental impacts. This section shall contain:

(a) An exploration and objective evaluation of all reasonable alternatives. For alternatives eliminated from detailed study, a discussion of the reasons for elimination;

(b) A description of each alternative in detail to allow a comparative evaluation of the environmental benefits, costs, and risks of the proposed project and each reasonable alternative; and

(a) Each Draft EIS shall include a description of the environment in the vicinity of the proposed project as it exists before the commencement of the project.

(b) Specific reference to related projects in the region, both public and private, existing and planned, shall be included for~urpose of examining the possible cumulative impact of such projects.

(c) This section should also include a description of the relationship of the proposedproject to any local or state land use plans, marine use plans, national development plans, and other policies and controls for the affected area.

4.7 environmental Consequences: Each Draft EIS shall include a sound scientific analysis of the environmental consequences of the development proposal. This discussion shall include:

(c) A description of the relationship between shore-term uses of the environment and the maintenance and enhancement of long-term productivity;

(f) Energy and public utilities requirements and the conservation potential of various alternatives and mitigation measures;

(g) Natural or depletable resources requirements and''the conservation potential of various alternatives and mitigation measures;

(h) Urban quality, scenic quality, historic and cultural resources, and-the design of the built environment, including the re-use and conservation potential of various alternatives and mitigation measures;

(m) Description of any unavoidable adverse environmental impacts, including any permanent change in the physical, biological, social or cultural characteristics of the affected environment or in the possible future use of that' environment;

(o) Identification of any irreversible or irretrievable commitments of resources required for the development proposal; and

4.8 List of Preparers: Each Draft EIS shall include a list of names of the persons who organized and prepared the Draft EIS, the persons' qualifications, and a listing of organizations, agencies, and persons who were consulted.

5.1 Format and Content: The Final EIS shall be on the same format as the Draft EIS, as specified in Section 4.1 of these regulations, and shall additionally include:

(d) The responses of the project proponent to each comment on the Draft EIS, as detailed in Section 3.5 of these regulations.

6.1 Standard for Approval: When a Final EIS has been submitted, the EPA Board shall not approve the proposed project if it finds any practicable alternative or practicable mitigation measures, within the powers of the project proponent, which could substantially reduce the impact the project may have on the environment to an acceptable level. Nor shall the EPA Board approve a proposed project if it is not in compliance with all applicable laws, regulations, and rules. As used in tlYrs' section, the term "acceptable level" means that:

(a) All significant environmental effects that feasibly may be avoided have been eliminated or substantially lessened; and

(b) The EPA Board has found that any remaining unavoidable significant impacts are acceptable considering the balances of the benefits of a proposal against its unavoidable environmental risks.

(a) If the EPA Board approves the proposed project, the EPA Board shall inform the project proponent, in writing, of the Board's decision and the applicable terms and conditions, if any. In addition, the EPA Board shall make an announcement of the EPA Board's decision on the local radio, in both English and the primary language spoken near the area affected by the proposed project, on three different days.

(b) If the EPA Board does not approve the proposed project, the EPA Board shall prohibit the proposed project in writing to the project proponent, and shall inform the public of the EPA Board's decision by radio announcement in the manner set forth above.

(a) A project proponent who does not wish to proceed with a proppsed project may, by notice in writing to the EPA Board, withdraw any Preliminary EIS, Draft EIS, or Final EIS submitted under these Regulations.

(b) The EPA Board shall as soon as practicable after receipt of a notice under Section 7.1(a) return to the project proponent the Preliminary EIS, Draft EIS, or Final EIS and airy plans and specifications provided to the Agency or the EPA Board by the project proponent in connection with the proposal.

(a) Where the EPA Board has refused to approve a proposal, a project proponent may, after making modifications to the proposal as are necessary or desirable, submit a revised Preliminary EIS or Draft EIS to the EPA Board.

(b) The provisions of these Regulations shall apply to a revised Preliminary EIS or revised Draft EIS as if that document was the originally submitted Preliminary EIS or Draft EIS.

(a) Any person having knowledge of a proposed project which may have significant environmental implications shall immediately: (1) Advise the Agency of that proposal; and (2) Forward to the Agency any plans, specifications and other relevant information.

(b) The Agency may request information from any person concerning the environmental implications of army project and that person shall furnish the requested information.

7.4 Right of Entry: The Agency or any member, agent or employee of the Agency when duly authorized by the Agency or by court order, may at any reasonable time, enter any establishment upon public or private property for the purposes of enforcement of these Regulations.

7.5 Record keeping: EPA shall maintain copies of all Preliminary, Draft, ands Final EISs submitted to EPA. EPA shall maintain copies of all written decisions issued by EPA regarding any proposed project. EPA shall maintain copies of all written comments received regarding any proposed project. All of these documents shall be available to the public for inspection and copying.

7.6 Requirements for EPA Board Decisions: All decisions by the EPA Board under this section must be by majority vote with at least a quoroum of members voting. Votes by Board members may be made in writing as opposed to in a Board meeting.

8.1 General Penalty: Any person who violates any provisions of these regulations shall be liable for civil penalties or damages as provided by the Environmental Quality Protection Act, 18 YSC 1501, et. seq.

8.2 False Information: Any person who wilfully provides" eihy information that is false or misleading in any material particular in relation to the EIS or EIA process shall be liable for civil penalties or damages as provided by the Environmental Quality Protection Act, 18 YSC 1501, et. seq.

(a) Nothing in these Regulations shall preclude the commencement of proceeding:. at law for an injunction or any other remedy.

(b) Nothing in these Regulations shall relieve a proponent from compliance with any other legal or statutory requirement.

8.7 Appeal from Agency Action: An appeal from a determination of the Agency may be taken pursuant to procedures set forth in the Code of the State of Yap.

This form is designed for anyone proposing a project. The purpose of the form is to provide EPA with basic information regarding the potential for environmental from a project. Information from this form will be used to determine if further environmental investigation is required before a project will be permitted to be started.

Complete each section to the best of you ability. Do not leave a section blank. If a question does not apply write "NA" in the space provided. If you have any questions please contact EPA at 350-2113.

All projects involving construction, clearing, or earthmoving within 200 feet of the water, or 200 feet from a salt-water mangrove forest, must attach a completed BLUE form.

If the project involves the storage, use, or disposal of oil, gasoline, pesticides, chemicals, radioactive substances, or other hazardous substances, you must attach a completed YELLOW form.

To be completed for all projects involving the storage, use, or disposal of oil, gasoline, pesticides, chemicals, radioactive substances, or other hazardous substances, you must attach a completed YELLOW form.

List below all the substances shown above which will be used or stored on site including anticipated quantities, storage conditions, and assessment of risk of accidental release.

c) Destruction of any plant or animal community having potential commercial value, or reduction in acreage of any agricultural crop?

Would the proposed project have any impact on tourism, eco-tourism, or other FSM efforts to build a sustainable economy based on local resources? If YES please describe.

To be completed for all projects involving construction, clearing, or carthmoving within 200 feet of the waterfront or a salt-water mangrove forest.

2. To what extent will the project result in discharge into the ocean or lagoon of sediment, process water, sewage, or other effluent?