Perhaps one of the biggest and most critical functions of the EMA is the Certificate of Environmental Clearance (CEC) process. Through this mechanism, the EMA can determine the significant environmental impacts that can arise out of any new construction, process, works or activities taking place or scheduled to take place in the country. These specific processes, works or activities which require CECs are outlined in the Certificate of Environmental Clearance (Designated Activities) (Amendment) Order, 2007. Thus, the Certificate of Environmental Clearance Rules, 2001 were implemented to guide the assessment of such impacts and to include the appropriate mitigation measures should a CEC be granted to an applicant.

However, in some instances the process doesn’t always run smoothly and there are instances where missing information, incomplete forms, validation of information by EMA officers, misinterpretation of information and other issues can lead to wastage of money and delays of project start times. The EMA is currently developing a Compliance Assistance Program (CAP) which aims at increasing the overall effectiveness and efficiency of the CEC process.

The Compliance Assistance Program (CAP) is modeled after the U.S. Environmental Protection Agency’s (USEPA) program. The CAP aims to fulfill the following functions:

• To refine and increase consistency and efficiency in the overall CEC process and other Technical Services functions
• To help the regulated community better understand and meet its obligations under the EM Act
• To provide tools for the regulated community to access information about the program and the CEC process
• To guide the regulated community in finding cost effective ways to comply with regulations and/or go “beyond compliance” through the use of pollution prevention, environmental management, incentives and innovative technologies
• To improve on processing time of CEC applicants provided that the quality of information meets the requirements of the CEC process which would be outlines clearly in the CAP Guidance Documents.
• The CAP program also takes into consideration other cross cutting elements in the CEC process such as Biodiversity, Social Impact Assessments, Hazardous Waste and Coastal issues and as such, policy documents governing these issues will be appropriately included into the CAP Guidance Documents.

The CAP program will make use of the following communication tools to engage the public:

Sector specific guidance documents aimed at creating a “one stop shop” for CEC applicants on how to proceed with their CEC application and the requirements needed. These guidance documents are the first tool being developed. We have broken down the CEC designated activities into 5 main groups for which documents are being developed. These are:

1. Oil and Gas
2. Coastal
3. Agriculture
4. Land Clearing
5. Automotive

Through these documents, our applicants and EMA staff alike; will have access to the same information, guidelines and systems steering the CEC process for the sectors above. These sector specific documents should eliminate most of the applicant confusion about the CEC process and should foster a more effective system.

• CAP program web based “clearing house” where applicants with internet access can retrieve information about the program. The site will have online guidance documents, frequently asked questions, links to resources and other information aimed at increasing the efficiency of the CAP program.
• Further incentive type programmes aimed at maintaining compliance and fostering better stakeholder relationships.

Some of the other initiatives which fall under the CAP are as follows:

The Third Party Verification (TPV) System
The CEC process as implemented by the EMA has been very effective in managing the impact industry, corporations and other activities have on the environment. As mentioned above, some CEC’s are simple and straightforward and do not require an EIA.

While others such as many of those coming from the oil and gas and construction sectors, require detailed EIA’s and consumes a great deal of time from EMA officers from EMA Officers. Thus, the EMA is proposing a TPV system which will enable an accredited entity to validate and certify that proposed measures made by Applicants for NON-EIA, specifically pre-chosen activities are structurally and environmentally sound.

An accredited entity must be registered and an active member of a validated association in Trinidad and Tobago with which the EMA has entered into a Memorandum of Understanding (MOU). The association and its members will be therefore bound by the conditions regarding confidentiality, professionalism and misconduct as stated in the MOU.

One of the main aims of the TPV is to expedite CEC applications for low impact activities by reducing time spent processing such applications and the applicant will spend less time waiting for approval (or denial) of their activity. Thus, an applicant will have the OPTION of using the TPV services if they are undertaking a pre-determined low impact activity. Refer to Appendix 1 for a list of proposed “low impact” activities. The Applicant will be expected to pay the relevant charges of the members of Accredited Association and the individual chosen to undertake the work will be at the discretion for the Accredited Association and the Applicant.

It is understood that the individual chosen must be a member of the Accredited Association.

The Accredited Associations which have entered into the MOU with the EMA will be communicated to the public via the EMA communication mechanisms for the CEC process. Once retained the independent third party selected from the Accredited Organization will be responsible for verifying environmental impacts are identified and avenues for mitigation and/or avoidance stated and monitoring systems are outlined.

The Third Party will also be responsible for compiling all relevant documents/plans, technical and other data, required to complete the application. The independent party will conduct the above in accordance with the MOU and with the guidelines prescribed in the CAP document for that particular activity.

The Applicant or the Third Party would submit the completed CEC application containing certified information to the Town and Country Planning Division (TCPD) or the EMA as applicable and guided by the CAP document. Once received by the EMA, the application would be stamped and assigned to a Technical Officer assigned to TPV cases.

Generally the Officer will conduct the following:

1. Review the contents of the application along with the CAP guidelines for TPV review
2. Determine whether the information submitted meets the EMA requirements thatwere prescribed in the TOR, CAP documents and the MOU. Once in order the
3. Officer will approve or deny the application. If the application is denied the Applicant will be informed and advised accordingly by the EMA
4. Once the CEC has been determined the Officer will then draft the CEC Certificate
5. The above is expected to be conducted and completed within 10 working days of the application

The New Form A - The first step in the CEC application process is the CEC Form A. The applicants use this form to give the EMA a detailed synopsis of their proposed project. Through this Form officers can determine where or not an applicant needs to provide additional information before a CEC determination can be made. Now the CEC Form A will soon have a new look. EMA staff and stakeholders have had the opportunity to comment on the shortcomings of the old Form A and our Strategic Environmental Management Unit (SEMU) has been working to address all the issues and create a form that captures all the necessary information required to reduce the amount of additional information required after an application is received.

Sample Form A - The EMA has also developed sample forms for standard activities such as poultry and pig farming, land clearing and automotive activities. These sample forms aim to guide those applicants who have limited access to consultants or assistance in filling out their forms.

The programs above are all aimed at helping our CEC applicants and our regulated community, understand our CEC process and all its requirements before they submit their application. We believe that once everyone has access to the pertinent information in a manner to which they can relate, a lot of the shortcomings of the current CEC process will be addressed fostering more productive relationships with the EMA and our external stakeholders.