Chapter 1: introduction

3.4 Standards

3.4.1 National Ambient Air Quality Standards, 2003

The National Ambient Air Quality Standards, 2003 enforced by GoN has set quality standards for seven parameters: total suspended particles (TSP), particulate matter (PM10), sulphur dioxide, nitrogen oxide, carbon mono-oxide, lead and benzene for the maintenance of the ambient air quality. The project during its construction and operation will have to comply with the set standards for the ambient air quality.

3.4.2 Nepal Vehicular Emission Standards, 2000

Nepal Vehicular Emission Standard, 2000 enforced for the vehicles operating on petrol, gas, and diesel. The emission standards are very specific for two, three and four wheeler vehicles. The vehicles used by the project should comply with the vehicular emission standards during the construction and operation phase.

3.4.3 Tolerance Limits for Industrial Effluents to be Discharged into Inland Surface Waters, 2003

The MoSTE (then MoE) has set tolerance limits for the industrial effluents to be discharged into the inland surface water. Since the project is considered as an industry, it will have to comply with the tolerance limits set in the standard prior to the discharge of the effluents into the inland surface water during the construction and operation period.

3.5 International Conventions

3.5.1 Convention on Biological Diversity, 1992

Power projects that may be planned for lands that are designated as UN Biosphere Reserves, national parks, nature reserves or conservation areas will fall under UN Charter. Besides, the convention also emphasises the conservation of biodiversity in any other sites while implementing and operating a project in compliace with the national IEE/EIA procedures.

3.5.2 Convention on International Trade in Endangered Wild Fauna and Flora (CITES), 1973

The convention classifies species according to the criteria where access or control is important (e.g. I - species threatened with extinction; II - species which could become endangered; III - species that are protected; E - Endangered; V - Vulnerable, R – Rare (CITES 1983). The project will have to minimise impacts to the CITES species as far as possible

3.5.3 International Labor Organization (169), 1989

Article 7 of the convention provides the right to the indigenous and tribal people to decide their own priorities for the process of development. However, for the national development plans and programs, it mandates consultation with them in the formulation of the plans and programs. Articles 12, 13, 14 and 15 safeguard rights of the indigenous people in the land and natural resources in territories traditionally occupied by them. In the event that the state retains the right of the natural resources in their territories, it mandates formulation of special provisions under the state legislation for their participation in the decision making process and resettlement process with full compensation of the resulting loss or injury (Article 16). As Nepal is signatory to the convention, it is obliged to comply with the provisions stipulated in the conventions, if the project is to impact the safeguard rights of the indigenous people.

3.6 World Bank Group’s Requirements

3.6.1 Relevant Policies and Guidelines of the World Bank

The project also complies with the following World Bank safeguard policies and all eight IFC performance Standards:

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  Environmental Assessment EA (0P 4.01)
  
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  Natural Habitats (OP 4.04)
  
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  Safety of Dams (OP 4.37)
  
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  Involuntary Resettlement (OP 4.12)
  
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  Physical and Cultural Resources (0P 4.11)
  
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  Indigenous People (0P 4.20)
  

IFC’s Performance Standards (PS)

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  PS1: Assessment and Management of Environmental and Social Risks and Impacts.
  
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  PS2: Labor and Working Condition.
  
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  PS3: Resource Efficiency and Pollution Prevention.
  
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  PS4: Community Health, Safety, and Security.
  
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  PS5: Land Acquisition and Involuntary. Resettlement.
  
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  PS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources.
  
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  PS7: Indigenous Peoples and.
  
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  PS8: Cultural Heritage.
  

Compliance with these policies and standards is summarized in Table 3.1.

Table 3.1 - Compliance World Bank Safeguards Policies and IFC Performance Standards

Safeguard Policies	Actions
Environmental Assessment (OP/BP 4.01), and PS1: Assessment and Management of Environmental and Social Risks and Impacts.	Category A project. Full EIA and EMP have been prepared for the project Full, stand-alone Social Impact Assessment and Social Action Plan. A rapid Cumulative Impact Assessment has been prepared as part of the EIA process. A Panel of Experts team on Environmental and Social issues was recruited. Intensive, culturally sensitive consultation efforts were carried out in all communities in the area of influence of the project during the EIA, SA and SAP preparation. Governmental and Non-Governmental organizations were also consulted in public meetings
PS2: Labor and Working Condition.	Preliminary Occupational Health and Safety and HHRR management plans and procedures have been developed, and are included in the agreed Environmental and Social Action Plan for implementation
PS3: Resource Efficiency and Pollution Prevention.	Adequate Pollution Prevention and Control measures are included in the EMP, and will be further detailed as required per the Environmental and Social Action Plan during implementation.
Safety of Dams OP 4.37, and PS4: Community Health, Safety, and Security.	An International Panel of Experts advised on all salient aspects of the project design and visited the site twice during preparation. KEL prepared a Dam Safety Plan including an Operation and Maintenance Manual, Emergency Preparedness Plan and an Instrumentation Plan. Further measures to assure safety for potentially impacted communities have been included in the agreed Environmental and Social Action Plan for implementation (e.g. traffic management plan during construction)
Involuntary Resettlement (OP/BP 4.12), and PS5: Land Acquisition and Involuntary. Resettlement. Indigenous Peoples (OP/BP 4.10 and PS7).	Social Assessment has been conducted. No physical resettlement required and very limited economic displacement envisioned. No significant or differentiated impacts on IP and/or other vulnerable groups. Social Action Plan includes: Resettlement Compensation and Livelihood Assistance Plan (RCLAP) and Indigenous and Vulnerable Community Development Plan (IVCDP) which also includes specific measure to manage any differentiate impact on Indigenous Peoples.
Natural Habitats (OP/BP 4.04), and PS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources.	The project does not have direct impacts on critical habitats. Main impacts are on aquatic ecosystems (e.g. restricting of movement and potential entrapment of resident and migratory fish). Environmental flows were estimated to meet human consumptive and non-consumptive water uses and ecological needs. An Aquatic Ecology Management Plan (AEMP) is being designed, and will include mitigation measures aligned with good international practices and an adaptive management approach to correct any issues raising during construction and operation. Additional Tamor-Kabeli basin-wide fish and invertebrate studies will be conducted during project implementation, to assist the GoN better design mitigations measure for the potential basin-wide cumulative effect on natural aquatic habitats.
Physical Cultural Resources (OP/BP 4.11), and PS8: Cultural Heritage.	No archaeological or historical sites were found in project area. Several religious ritual sites (e.g. cremation and resting sites, religious temples) were identified downstream of the dam. Appropriate mitigation measures have been designed (e.g. environmental flows, extraordinary downstream release during high water demand for ceremonial purposes, additional water storage infrastructure to guarantee continuation of religious practices, etc.) Chance finding procedures during construction have been prepared and will be included in bidding documents and contracts.
International Waterways OP7.50	Riparian notification was served to China, India and Bangladesh on June 27, 2002 and re-issued in August 2013. No comments in connection with the proposed project were received from Notified countries by the indicated deadline or at any time since then.

3.6.10 Environmental, Health and Safety Guidelines

International Finance Corporation (IFC) of the World Bank Group has designed a guideline for environmental, health and safety (EHS) of the projects. The objective of the guideline is to identify the project EHS hazards early in the project cycle and develop strategies and plans to avoid, minimise and/or respond to the potential hazards and accordingly implement the EHS plan and monitor the EHS performance in the project cycle.