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35 Common Questions and Answers for Project Environmental Impact Assessment Approval


Time:

2023-04-10

35 Common Questions and Answers for Project Environmental Impact Assessment Approval

01. Our unit plans to build (renovate, expand) XXXX engineering project. Do you need to go through the environmental impact assessment approval procedures?
Answer: According to the "Classification and Management List of Environmental Impact Assessment for Construction Projects" (Order No. 44 of the Ministry of Environmental Protection) and the "Decision on Amending Part of the Content of the" Classification and Management List of Environmental Impact Assessment for Construction Projects "(announced on April 28, 2018), construction projects included in the list shall be reported and submitted for approval according to project category, environmental impact assessment level, and other requirements, and the registration form shall be filed on its own. Construction projects not included in the list do not require environmental impact assessment approval.

 

02. What materials need to be submitted for environmental impact assessment approval of construction projects? How to prepare an environmental impact assessment report form (book)?
Answer: According to the Environmental Impact Assessment Law of the People's Republic of China and the Classification and Management Directory of Environmental Impact Assessment for Construction Projects, it is necessary to submit:
(1) Application for approval of environmental impact assessment documents for construction projects; (2) Text and electronic versions of environmental impact assessment documents for construction projects; (3) Explanation of public participation in environmental impact assessment of construction projects (provided by report type projects, including listening to public opinions and consulting expert opinions); (4) For industries with overcapacity, it is necessary to submit relevant departments' approval or filing approval documents for construction project initiation; (5) Explanation of whether there are any violations of environmental impact assessment; (6) If handled by non legal persons, an administrative license authorization letter is required. For environmental impact assessment illegal projects that have not been subject to administrative penalties in accordance with the law or have not been rectified in accordance with the punishment requirements, the application for environmental impact assessment documents will not be accepted. For high energy consumption and high pollution projects in key watersheds and regions, we will resolutely eliminate the practice of "boarding first and then paying for tickets". In accordance with the relevant provisions of the Announcement of the Ministry of Ecology and Environment of the People's Republic of China on the Requirements for Follow up Work on Administrative Licensing Matters for Cancellation of Environmental Impact Assessment Qualification of Construction Projects (Provisional), the construction unit can entrust a technical unit (a third-party company) to prepare a Environmental impact statement (form) for it; If the construction unit has the corresponding technical capacity, it can also prepare the Environmental impact statement (form) by itself. The compilation unit should be an independent legal person and have a unified social credit code; The technical unit entrusted to prepare the Environmental impact statement (form) for the construction unit shall be a legally registered enterprise legal person or a public institution legal person in the nuclear industry, aviation and aerospace industries.

 

03. How long does it take to process the environmental impact assessment approval for construction projects?
Answer: According to Article 22 of the Law of the People's Republic of China on Environmental Impact Assessment, the examination and approval department shall, within 60 days from the date of receiving the Environmental impact statement, and within 30 days from the date of receiving the environmental impact report form, make the examination and approval decision respectively and notify the construction unit in writing. At present, our bureau's commitment time limit is: 15 working days from the date of acceptance of the report, and 7 working days from the date of completion of the report form.

 

04、Can projects that do not comply with the park plan be approved?
Answer: There is a response from the email of the Minister of Ecology and Environment stating that "the environmental impact assessment of projects that do not meet the conclusions and review opinions of the planned environmental impact assessment will not be approved in accordance with the law".

 

05. At which stage of project construction should the environmental impact assessment procedures be completed?
Answer: According to Article 9 of the Regulations on the Administration of Environmental Protection of Construction Projects, for construction projects that should prepare Environmental impact statement and environmental impact statement according to law, the construction unit should submit the Environmental impact statement and environmental impact statement to the competent environmental protection administrative department with the approval authority for approval before starting construction; If the environmental impact assessment documents of a construction project have not been reviewed by the approval department in accordance with the law or have not been approved after review, the construction unit shall not commence construction.

 

06、Can new projects occupy rural collective land in the approval of environmental impact assessment?
Answer: No.

 

07、Can the environmental protection acceptance of real estate project completion be carried out in stages?
Answer: According to the requirements of the "Regulations on Environmental Protection Management of Construction Projects", projects constructed, put into production or use in stages should have their corresponding environmental protection facilities inspected and accepted in stages.

 

08. Does the project on the Environmental Impact Registration Form still require acceptance?
Answer: According to the newly revised "Regulations on the Administration of Environmental Protection of Construction Projects", "Measures for the Administration of Filing Environmental Impact Registration Forms of Construction Projects", and "Interim Measures for the Acceptance of Environmental Protection upon Completion of Construction Projects", there is no clear registration form for project acceptance. Therefore, construction projects that fill out the Environmental Impact Registration Form do not require acceptance of supporting environmental protection facilities in accordance with Article 19 of the Construction Project Environmental Protection Regulations, nor do they fall within the scope of application stipulated in Article 23 of the Construction Project Environmental Protection Regulations. If there are other illegal activities such as excessive discharge of pollutants in construction projects that fill out the environmental impact registration form, they should be investigated and dealt with in accordance with relevant legal provisions.

 

09、Is it necessary to conduct an environmental impact assessment for the laundry service industry specializing in hotels, restaurants, and medical institutions?
Answer: According to the requirements of item 116 of the latest revised "Classification and Management Catalogue for Environmental Impact Assessment of Construction Projects", a report form should be prepared for those who need to build their own supporting sewage treatment facilities, and a registration form should be prepared for others.

 

10. Is a total quantity confirmation required when applying for environmental impact assessment approval?
Answer: When applying for approval of environmental impact assessment documents, there is no need to submit a total amount confirmation letter. According to Chapter 1 of the "Notice on Further Reforming and Optimizing the Verification of the Total Amount of Major Pollutant Emissions in Construction Projects", "(2) The total amount of major pollutant emissions indicators shall be used as a prerequisite for the approval of the environmental impact assessment of construction projects. Construction projects that discharge major pollutants must obtain the total amount of major pollutant emissions indicators before the approval of the environmental impact assessment document (hereinafter referred to as the" environmental impact assessment document ") Therefore, there is no need for a total amount confirmation letter when submitting an environmental impact assessment, but a total amount confirmation letter must be submitted before approving the environmental impact assessment.

 

11. When approving the environmental impact assessment report, it is necessary to provide an explanation of whether there are any violations of environmental impact assessment. Is this provided by the enterprise or by the environmental protection department?
Answer: Provided by the enterprise.

 

12. After the approval of the environmental impact assessment, there have been changes to the project, but not significant changes. The enterprise has conducted a supplementary environmental impact assessment. Do the approval departments need to go through the approval process?
Answer: There is no need to go through the approval process. According to the project unit's request, a review opinion letter can be issued.

 

13. What are the calculation standards for health protection distance?
Answer: Based on the calculation of unorganized non-point source emission points, two workshops each have one type of exhaust gas, with a distance of 50 meters calculated for each. General gases are calculated as non methane total hydrocarbons, while special gases such as aldehydes are calculated separately.

 

14. Do farms need to apply for a report/form?
Answer: According to the "Classification and Management List of Environmental Impact Assessment for Construction Projects", "1. Livestock Industry 1. Livestock and poultry farms and breeding communities: an annual output of 5000 pigs (equivalent to the scale of pig breeding for other types of livestock and poultry) or more; for designing environmentally sensitive areas, a report is required, and for others, an environmental impact registration form is required".

 

15. When asked by the logistics delivery project company, should they prepare a report form or a registration form?
Answer: According to the management directory (2018 current version), the storage and logistics distribution projects of toxic, harmful, and dangerous goods in 180 warehouses (excluding oil depots, gas depots, and coal storage) belong to the report form, while the others are registration forms. Therefore, ordinary logistics distribution projects that do not include toxic, harmful, and dangerous goods should be registered.

 

16. How to modify the information filled in incorrectly after submitting the registration form for online filing?
Answer: Once the registration form is submitted for filing, it cannot be modified and can be filled out again.

 

17. After the construction unit completes the environmental impact assessment procedures, there is a change in the unit name. Do you need to redo the environmental impact assessment?
Answer: If the actual production situation has not changed, there is no need to reapply for environmental impact assessment, and a change certificate needs to be issued by the industrial and commercial department.

 

18. Is it necessary to provide proof of planning and land use for new industrial projects in areas without planned environmental impact assessments?
Answer: Yes.

 

19. Is it possible to rent a factory building for environmental impact assessment and what requirements should be met?
Answer: Yes. The rented site should meet the requirements of hygiene protection distance, land, planning, and other aspects, and must have drainage direction.

 

20. Is it necessary to conduct technical transformation and environmental impact assessment for biomass boilers to be converted into electricity?
Answer: According to the classified management list of environmental impact assessment, reports should be made for coal-fired and oil-fired boilers with a total capacity of 65 tons/hour or more, while reports should be made for others (excluding electric boilers). Electric boilers are not included in the list. Therefore, simply converting biomass to electricity does not require an environmental impact assessment.

 

21. What are the requirements for site selection for construction projects?
Answer: The site selection, layout, and scale of the construction project comply with relevant laws, regulations, and policies on environmental protection, various plans such as urban and rural construction planning and land use planning, as well as the spatial control requirements of "three lines and one unit" such as planning environmental impact assessment and ecological red line.

 

22. After the technological transformation of the enterprise, there have been no new major pollutant emissions. Do you need to re evaluate the total amount indicators?
Answer: As long as the total emissions do not increase, there is no need to verify the total indicators.

 

23. Is it feasible to request technical transformation for enterprises that have already established a secondary protection zone for drinking water sources?
Answer: According to Article 66 of the Water Pollution Prevention and Control Law of the People's Republic of China, it is prohibited to build, renovate, or expand construction projects that discharge pollutants within the secondary protection zone of drinking water sources.

 

24、Is it necessary to enter the park for VOCS renovation and expansion projects involved in enterprise production activities?
Answer: According to the Notice of the Shijiazhuang Administrative Approval Bureau on Issuing the "Shijiazhuang Administrative Approval Bureau Winning the Blue Sky Defense War Three Year Action Plan (2018-2020)" (14), we will strengthen the source control of VOCS emissions. According to the relevant requirements of "new industrial enterprises involving VOCS emissions must enter the park", new enterprises need to enter the industrial park, and renovation and expansion projects do not need to enter the park temporarily.

 

25. If the project being constructed does not fall under the relevant items specified in the "Classification and Management List of Environmental Impact Assessment for Construction Projects", is it still necessary to apply for an environmental impact assessment?
Answer: For industries classified as not included in the "Classification and Management List of Construction Project Environmental Impact Assessment", there is no need to apply for environmental impact assessment.

 

26. Does the enterprise need to undergo a new environmental impact assessment to reduce production scale?

Answer: In this case, there is no need to go through the environmental assessment and approval procedures again. Relevant situations can be directly reported to the environmental protection regulatory department.

 

27. What penalties will be imposed if the environmental impact assessment procedures are not completed?
Answer: Article 31 of the Law of the People's Republic of China on Environmental Impact Assessment, if the construction unit starts construction without permission without submitting the Environmental impact statement and report form of the construction project for approval according to law, or without re submitting for approval or re examining the Environmental impact statement and report form in accordance with the provisions of Article 24 of this Law, the administrative department of environmental protection at or above the county level shall order it to stop construction, and according to the circumstances of the violation and the harmful consequences, Impose a fine of not less than 1% but not more than 5% of the total investment in the construction project, and may order it to be restored to its original state; Administrative sanctions shall be imposed on the supervisors and other directly responsible personnel of the construction unit in accordance with the law.

 

28. Why are the environmental impact assessment procedures invalid?
Answer: 1) The construction site has changed; 2) Changes or additions to production processes; 3) Changes or additions to production facilities; 4) Production capacity has expanded; 5) Reduce the level of environmental impact assessment; 6) Approval beyond authority.

 

29. Does the dry mixed mortar enterprise have a controllable approval document issued by the project approval and development and reform department, construction land procedures, and preliminary review opinions on planning and site selection, and complete materials? Can the environmental impact assessment be approved?
Answer: Yes.

 

30、Is it necessary to apply for environmental impact assessment procedures and pollution discharge certificates for motor vehicle repair shops with paint baking rooms?
Answer: The rental house for motor vehicle maintenance is not a construction project and does not fall within the scope of environmental impact assessment. The paint baking room is not included in the fixed pollution source management list and does not require a certificate to discharge pollutants temporarily. It is recommended to install corresponding environmental protection facilities in the repair shop to meet the emission standards.

 

31. Is there a fee for environmental impact assessment approval?
Answer: Article 22 of the Law of the People's Republic of China on Environmental Impact Assessment stipulates that no fees shall be charged for the review and approval of the Environmental impact statement, report form and environmental impact registration form for filing of construction projects.

 

32. Is it necessary to provide project filing opinions before environmental impact assessment approval?
Answer: According to Article 6, Article 4 of the "Guidelines for Approval of Environmental Impact Assessment Documents for Construction Projects and Autonomous Acceptance of Environmental Protection Facilities by Construction Units (Trial)", for industries with overcapacity, relevant departments need to submit approval documents for project initiation or filing (filing system projects), while other projects will be subject to parallel approval.

 

33. Our company is a key management company, and the national version of the pollution discharge certificate has been issued by the competent department. Now, our company wants to conduct an environmental impact assessment for boiler technical renovation. Where can we approve and renew the pollution discharge certificate?
Answer: The environmental impact assessment of boiler technical renovation can be approved by the county-level environmental protection department. After the environmental impact assessment approval is completed, the change of the pollution discharge permit can be applied for through the national pollution discharge permit management information platform.

 

34. What does an approved environmental impact assessment document refer to?
Answer: Environmental impact statement and Environmental Impact Statement.

 

35. What if the project construction and production do not comply with the environmental impact assessment approval?
Answer: After the environmental impact assessment document of a construction project is approved, if there is a significant change in the nature, scale, location, production process used, or measures to prevent pollution or ecological damage, the enterprise should reapply for the environmental impact assessment document of the construction project. If the nature, scale, location, and production process of the construction project must be adjusted due to objective factors, the enterprise must pay attention to reapplying the environmental impact assessment document for the construction project.
In addition, there is also a situation where the environmental impact assessment document of a construction project has been approved for more than five years before the enterprise starts construction. The environmental impact assessment document should be submitted to the original approval department for re review.

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