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December 1999 Newsletter

Panel Guidelines Strengthened by Public Input

Our last newsletter came out just before the federal assessment Review Panel released the final version of the Guidelines it has issued to the Region on what must be in their environmental assessment.

The Panel paid attention to the over 275 submissions they received, and they incorporated many of their ideas and suggestions. The Region now has until January 12 to provide a schedule to the Panel of when the Region will complete its studies and file its Environmental Impact Statement.

The full text of the final Guidelines is available on the website of the Canadian Environmental Assessment Agency at <www.ceaa.gc.ca>. It is also available in the Public Registry files on the second floor of Hamilton Central Library along with hundreds of other expressway-related documents. The rest of the article below is devoted to a few excerpts:

....the Panel understands that despite the court challenge, the Region will still require a Fisheries Act authorization in relation to the Project and a federal environmental review will ultimately be required.

....it is the Panel's belief that, as several persons indicated during the scoping meetings, a holistic approach to the review must be taken and not one that looks at issues in isolation. Accordingly, the Panel has decided that: An ecosystem based approach must be adopted for the review. In order to gain an adequate understanding of the effects the Project may have on various ecosystem components, the Panel believes that ecosystem components cannot be evaluated in isolation of one another....

Socio-economic issues, such as the Project's transportation potential to negatively or positively affect economic development within the Region, must be included in the review. In addition, members of the community constitute part of the environment to be assessed by the Panel. As such, adverse and beneficial effects of the Project on members of the community with respect to health, recreation and other aspects of social well-being, need to be examined by the Panel to ensure a holistic understanding of the Project's effects.

An understanding of past and future environmental, economic and social trends in Hamilton-Wentworth and how the Project will influence these trends is required. The inclusion of a time perspective, from the early planning of the Project (late 1970's) to its operation over the next few decades (to 2020), is important in order to provide the Panel with a full understanding of the cumulative environmental effects of the Project in combination with other past, present and reasonably foreseeable projects.

The Panel will consider the need for, alternatives to, and alternative means of carrying out the Project in assessing the justifiability of any significant residual environmental effects identified, and in formulating its recommendations to the federal government. Finally, the Panel will generally consider the extent to which the Project meets the sustainable development objectives outlined in the Region of Hamilton-Wentworth's Official Plan, Vision 2020 and Red Hill Creek Watershed Action Plan documents.

....the Panel has identified some areas where it would need additional information in order to adequately consider the factors outlined in its Terms of Reference. These include:

  • up-to-date traffic studies of current and forecasted inter- and intra-regional traffic patterns;

  • how other proposed major transportation infrastructures (e.g. the "NAFTA" highway) may affect the current need for the expressway;

  • the effects of atmospheric emissions related to the Project on health, particularly among the young and elderly, during periods of high traffic volume and/or adverse weather conditions for dispersal of emissions;

  • effects of the environment on the Project (i.e. such as air inversions, fog, flooding, etc.);

  • the Proponent's current views of how the Project relates to the Region's sustainable development strategies outlined in various documents such as the Region's Official Plan, Vision 2020 and the Red Hill Creek Watershed Action Plan;

  • the detailing of all economic costs and benefits associated with the planning, construction, operation and modification (including expansion from a 4-lane to a 6-lane expressway) of the Project;

  • an outline of the general economic costs, major benefits, and environmental impacts of feasible alternatives identified for the Project;

  • adequacy of mitigation measures to reduce the anticipated adverse environmental effects of the Project;

  • uncertainties related to the effects of the Project on migration of contaminants from local landfills; and

  • evidence as to how industrial, commercial and residential growth and contraction trends for urban and suburban areas of Hamilton-Wentworth Region would be affected by the Project and their consequential impact on the environment.

....The Proponent should identify the planning context for the environmental assessment of the Project. The need for the environmental assessment under the Canadian Environmental Assessment Act should be identified. Policy and planning considerations, such as government policies, regulations, and land use plans, that have a bearing on the Project should be discussed. These should include, but are not limited to:

a) Red Hill Creek Watershed Action Plan; b) Hamilton Harbour Remedial Action Plan (HHRAP); c) Great Lakes Water Quality Agreement (1978; 1987 Protocol); d) Canada-Ontario Agreement (COA) Respecting the Great Lakes Basin Ecosystem, 1994; e) Vision 2020; f) Hamilton-Wentworth Official Plan; g) Hamilton Air Quality Initiative; h) Niagara Escarpment Plan; i) Ontario Wetlands Policy Statement (1992); j) The World Biosphere Reserve designation for the Niagara Escarpment

....The Proponent should indicate how it has ensured meaningful public involvement relating to the Project in the recent past and/or as part of this review. In particular, the Proponent should discuss how it has consulted with residents and organizations that are likely to be affected by the Project, and other parties who may be interested in the Project. The Proponent should describe the objectives of these consultations, the methodology used, the results, and the ways in which the Proponent intends to address the concerns identified. The Panel is particularly interested in the Proponent's response to public comments that were provided as part of the 1996 Exemption Order.

....The Proponent should provide a detailed description of the Project. The detailed description should include a discussion of the following factors:

a) an explanation of the need and purpose for the expressway as it relates to the current traffic problems within the Hamilton-Wentworth area;

....m) an analysis of alternatives to the expressway including, but not limited to: alternative routes, the "do nothing" scenario, management of transportation demand using available infrastructure, improving existing roadways, or alternative modes of transportation (including urban transit) and non-highway based facilities to a level of detail which is sufficient to allow the Panel and the public to compare the Project with the alternatives in terms of the economic costs and the environmental, social and economic benefits;

n) an analysis of alternative means of carrying out the expressway including, but not limited to, alternative routings, configurations, and terminal points;

o) identification of the potential adverse and beneficial environmental effects of each feasible alternative means to a level of detail which is sufficient to allow the Panel and the public to compare the Project with the alternatives in terms of the environmental, social and economic costs and benefits;

p) reasons for selection of the Project as the preferred alternative, including the reasons for rejection of other alternatives;

q) the extent to which the Project conforms to publicly adopted regional, provincial and federal policies and plans (as identified in section 1.4);

r) a demonstration of how the Proponent has applied the precautionary principle in its Project design and management; and

s) a risk assessment of those conditions (such as lower population or economic-growth) that might impair thefulfillment of the Proponent's plans and commitments regarding the avoidance or mitigation of adverse effects.

....The Proponent should describe .... local microclimate and regional climate and meteorology;

....location and condition of existing contaminated sites, including all known landfills and points of sewage contamination within the study area;

....local and regional ambient air quality, including air inversion conditions, and noise levels. This should include levels in locations directly adjacent to the Project. The levels should also be characterized to include both daily averages and high and low peaks. The levels should also reflect hourly, daily and seasonal fluctuations;

....current status and role of public transportation;

transportation growth and traffic trends since circa. 1975, including a discussion of how induced traffic has affected these trends. Whenever possible, past traffic studies, including information pertaining to past traffic forecasts and accuracy of those predictions, should be used as a basis for discussion;

up-to-date transportation studies on current inter- and intra-regional traffic patterns. Studies should include information on traffic flows, average speeds, timing of traffic, origins and destinations, accident rates, induced traffic and vehicle mix; analysis of current major transportation problems within the Region of Hamilton-Wentworth (e.g. with respect to traffic congestion, safety issues, etc.);

up-to-date medium (to 2010) and long-term (to 2020) local and regional transportation demand forecasts (including probabilities and margins of error);

.... where appropriate, current land ownership and property values in the Red Hill Creek valley and surrounding areas should be addressed;

.... protected areas such as parks, sanctuaries or wetlands, whether established or proposed; level and value of recreational, educational, scenic and other social uses of the Project area, (e.g. use of parks, golf courses, football fields, trails, pedestrian paths, and open spaces), especially by the young;

an analysis of trends and the current status of greenspace, parks, and other recreational areas in East Hamilton and the Region;

health of the residents of the area most directly impacted by the Project, particularly the young and the elderly....


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