1. Which construction projects and activities require environmental impact assessment procedures?

Answer: According to Article 16 of the Environmental Impact Assessment Law of the People's Republic of China, "The state implements classified management of the environmental impact assessment of construction projects based on their degree of impact on the environment." Project construction units included in the "Classification Management List of Environmental Impact Assessment of Construction Projects" formulated by the Ministry of Ecology and Environment shall organize the preparation of environmental impact assessment documents. Construction projects not specified in the "List" shall not be included in the management of environmental impact assessment of construction projects.

2. What are the categories of environmental impact assessment documents?

Answer: According to the relevant provisions of the Environmental Impact Assessment Law of the People's Republic of China, the Ministry of Ecology and Environment has formulated the "Classification Management List for Environmental Impact Assessment of Construction Projects", implemented the classification management of environmental impact assessment of construction projects, and comprehensively considered the possible impact of construction projects on the environment based on the characteristics of the construction projects and the environmental sensitivity of the areas where they are located, and implemented classification management for the environmental impact assessment of construction projects. The construction unit shall organize the preparation of the environmental impact assessment report, environmental impact assessment form, or fill out the environmental impact registration form for the construction project in accordance with the directory regulations.

3. What type of environmental impact assessment documents require approval?

Answer: According to the relevant provisions of the Environmental Impact Assessment Law of the People's Republic of China, the Ministry of Ecology and Environment has formulated the "Classification Management List for Environmental Impact Assessment of Construction Projects" and implemented the classification management of environmental impact assessment of construction projects. According to Article 22 of the Environmental Impact Assessment Law of the People's Republic of China, the environmental impact assessment report and report form of a construction project shall be submitted by the construction unit to the competent ecological environment department with approval authority in accordance with the regulations of the State Council for approval.

4. Does the Environmental Impact Registration Form require approval?

Answer: According to the "Classification Management List for Environmental Impact Assessment of Construction Projects" formulated by the Ministry of Ecology and Environment, the classification management of environmental impact assessment of construction projects shall be implemented. Taking into account the possible impact of construction projects on the environment, the construction unit shall organize the preparation of construction project environmental impact reports, environmental impact report forms or fill out environmental impact registration forms in accordance with the provisions of the list. According to Article 22 of the Environmental Impact Assessment Law of the People's Republic of China, "the state implements record management for environmental impact registration forms" and does not require approval.

5. What website does the construction unit need to implement online filing when filling out the environmental impact registration form on its own?

Answer: According to Article 8 of the "Management Measures for the Filing of Environmental Impact Registration Forms for Construction Projects", the Ministry of Ecology and Environment has uniformly set up an online filing system for environmental impact registration forms for construction projects (hereinafter referred to as the online filing system).
Provincial environmental protection authorities shall organize the application of online filing systems within their administrative regions, and allocate usage permissions for the online filing system to county-level environmental protection authorities by providing address links.
The county-level environmental protection department shall publicly announce the address link information of the online filing system.

6. Which department is responsible for the filing and management of environmental impact registration forms for construction projects within its administrative area?

Answer: According to Article 15 of the "Management Measures for the Filing of Environmental Impact Registration Forms for Construction Projects", after the completion of the filing of the environmental impact registration form for construction projects, the county-level environmental protection department shall synchronously disclose the filing information to the public through its website's online filing system and accept public supervision. For construction projects that require confidentiality according to national regulations, the county-level environmental protection department shall strictly comply with relevant national confidentiality regulations, and the recorded information shall not be disclosed.
The county-level environmental protection department shall, in accordance with the relevant provisions of the State Council on strengthening environmental supervision and law enforcement, include the construction projects that have been completed and filed in the relevant environmental supervision grid management scope.

7. After the environmental impact assessment report of the construction project is approved by the management department, if the construction project has not been implemented within five years, is it necessary to reapply for approval?

Answer: According to Article 24 of the Environmental Impact Assessment Law of the People's Republic of China, if the environmental impact assessment document of a construction project is approved for more than five years before the decision to start construction is made, the environmental impact assessment document shall be submitted to the original approval department for re examination and approval; The original approval department shall notify the construction unit in writing of the review opinions within ten days from the date of receiving the environmental impact assessment documents for the construction project.

 

8. What is the role of environmental impact assessment in planning?

Answer: The planning environmental impact assessment mainly demonstrates the ecological environment rationality and environmental benefits of the planning scheme, proposes optimization and adjustment suggestions for the planning, clarifies the mitigation measures for adverse ecological environment impacts, proposes ecological environment protection suggestions and control requirements, and provides optimization basis for ecological environment management in the planning decision-making and implementation process.

9. Who is the responsible party for the environmental impact assessment of industrial park planning?

Answer: The management agency of the industrial park is the responsible party for the planning and environmental impact assessment work. According to the "Opinions on Further Strengthening the Environmental Impact Assessment of Industrial Park Planning" (Environmental Impact Assessment [2020] No. 65), the management agencies of industrial parks are the main responsible parties for the planning and environmental impact assessment of industrial parks. They should carry out planning and environmental impact tracking assessments in accordance with regulations, implement the requirements of planning and environmental impact assessment measures, and carry out ecological environment source prevention and control work in the park.

10. Is it necessary to organize a review of the environmental impact assessment report for planning?

Answer: According to Article 16 of the Regulations on Planning Environmental Impact Assessment, "When submitting and approving a special plan draft, the planning authority shall attach the environmental impact assessment report to the planning approval authority for review; if the environmental impact assessment report is not attached, the planning approval authority shall request it to be supplemented; if it is not supplemented, the planning approval authority shall not approve it. Formulated by relevant departments of the State Council
Therefore, the environmental impact assessment report needs to undergo organizational review.

11. When will the planning and environmental impact assessment be submitted to the planning and approval authority?

Answer: According to Article 15 and Article 16 of the Regulations on Planning Environmental Impact Assessment, when submitting and approving comprehensive planning drafts and guiding planning drafts in special plans, the planning authority shall include the environmental impact chapter or explanation as an integral part of the planning draft and submit it to the planning approval authority. If no environmental impact chapter or explanation has been written, the planning approval authority shall require it to be supplemented; If it is not supplemented, the planning approval authority will not approve it.
When submitting and approving the draft special plan, the planning authority shall attach the environmental impact assessment report to the planning approval authority for review; If the environmental impact assessment report is not attached, the planning and approval authority shall require it to be supplemented; If it is not supplemented, the planning approval authority will not approve it.

12. Who is responsible for organizing public participation in the process of planning and environmental impact assessment?

Answer: According to Articles 13 and 14 of the Regulations on Environmental Impact Assessment of Planning, the planning authority shall publicly solicit opinions from relevant units, experts, and the public on the environmental impact assessment report for special plans that may cause adverse environmental impacts and directly involve public environmental rights and interests before submitting the draft plan for approval through forms such as questionnaires, symposiums, demonstration meetings, and hearings. However, except for those that are required by law to be kept confidential.
If there are significant differences between the opinions of relevant units, experts, and the public and the conclusions of the environmental impact assessment, the planning and preparation authority shall further demonstrate through forms such as demonstration meetings and hearings.
The planning authority shall attach an explanation of the adoption and non adoption of public opinions and their reasons in the environmental impact assessment report submitted for review.

13. What department shall convene a review team consisting of representatives and experts from relevant departments to review the environmental impact assessment report for the special planning draft approved by the people's government at or above the city level with districts before approval?

Answer: According to Article 13 of the Environmental Impact Assessment Law of the People's Republic of China, the people's governments at or above the city level with districts shall, before approving the draft special plan and making decisions, convene a review group composed of representatives and experts from relevant departments designated by the ecological environment department or other departments of the people's government to review the environmental impact assessment report. The review team shall provide written review opinions.
The experts participating in the review group as stipulated in the preceding paragraph shall be randomly selected from the list of experts in relevant professions in the expert database established in accordance with the regulations of the competent department of ecological environment under the State Council.

14. To which agency should the environmental impact chapter or explanation be submitted as a component of the draft plan for the guidance plan in the preparation of comprehensive or special plans?

Answer: According to Article 15 of the Regulations on Environmental Impact Assessment of Planning (promulgated by the State Council of the People's Republic of China on August 17, 2009), when submitting and approving comprehensive planning drafts and guiding planning drafts in special planning, the planning authority shall include the environmental impact chapter or explanation as an integral part of the planning draft and submit it to the planning approval authority. If no environmental impact chapter or explanation has been written, the planning approval authority shall require it to be supplemented; If it is not supplemented, the planning approval authority will not approve it.

15. How to classify environmental impact assessments during the planning process?

Answer: Article 10 of the Regulations on Environmental Impact Assessment of Planning (promulgated by the State Council of the People's Republic of China on August 17, 2009, Order No. 559) stipulates that when formulating a comprehensive plan, an environmental impact chapter or explanation shall be written based on the potential impact on the environment after the implementation of the plan. To prepare a special plan, an environmental impact assessment report should be prepared before the draft plan is submitted for approval. Guidance plans in the preparation of special plans shall include environmental impact chapters or explanations in accordance with the provisions of the first paragraph of this article.

16. Can the planning and approval authority approve a special planning draft without attaching an environmental impact assessment report when submitting it for approval?

Answer: According to Article 16 of the Regulations on Environmental Impact Assessment of Planning (promulgated by the State Council of the People's Republic of China on August 17, 2009, Order No. 559), when submitting and approving special planning drafts, the planning authority shall attach the environmental impact assessment report to the planning approval authority for review; If the environmental impact assessment report is not attached, the planning and approval authority shall require it to be supplemented; If it is not supplemented, the planning approval authority will not approve it.

17. What are the composition and number of experts in the planning and environmental impact assessment review team?

Answer: According to Article 18 of the Regulations on Planning Environmental Impact Assessment (promulgated by the State Council of the People's Republic of China on August 17, 2009, Order No. 559), the experts of the review panel shall be randomly selected from the list of experts in relevant professions in the legally established expert database. However, experts involved in the preparation of the environmental impact assessment report shall not be members of the review team for that report. The number of experts in the review team shall not be less than half of the total number of experts in the review team; If it is less than half, the review opinion of the review team is invalid.

18. How should the planning approval authority handle the rejection of the conclusions and review opinions of the environmental impact assessment report when approving special planning drafts?

Answer: According to Article 22 of the Regulations on Environmental Impact Assessment of Planning, the planning approval authority shall use the conclusion of the environmental impact assessment report and the review opinions as important basis for decision-making when approving special planning drafts. If the planning approval authority does not adopt the conclusions and review opinions of the environmental impact assessment report, it shall provide a written explanation of the reasons for rejection item by item and keep it on file for future reference. Relevant units, experts, and the public can apply for consultation; However, except for those that are required by law to be kept confidential.

19. How to determine the review level of environmental impact assessment for industrial park planning?

Answer: According to the "Opinions on Further Strengthening the Environmental Impact Assessment of Industrial Park Planning" (Environmental Impact Assessment [2020] No. 65) document, "The environmental impact assessment report of industrial park planning is generally convened for review by the ecological environment department under the people's government that approves the establishment of the industrial park. If there are other regulations for the review of environmental impact assessment reports of industrial parks below the provincial level in each province (region, city), they shall be implemented in accordance with relevant local laws and regulations." Therefore, national level industrial parks are reviewed by the Ministry of Ecology and Environment, provincial-level industrial parks are reviewed by the provincial-level ecological environment department, and municipal level and below industrial parks are reviewed by the municipal level ecological environment department.

20. How to form the planning and environmental impact assessment review team?

Answer: Article 17 and Article 18 of the Regulations on Environmental Impact Assessment of Planning (promulgated by the State Council of the People's Republic of China on August 17, 2009, Order No. 559) stipulate that "special plans approved by the people's governments at or above the city level divided into districts shall be reviewed by a review team composed of representatives from relevant departments and experts convened by their environmental protection departments before approval to review the environmental impact assessment report." "The experts of the review team shall be randomly selected from the list of experts in relevant professions in the expert pool established in accordance with the law. However, experts who participate in the preparation of the environmental impact assessment report shall not be members of the review team. Therefore, the planning and environmental impact assessment review team shall be composed of representatives from relevant departments and experts in relevant fields.

21. What forms can public participation in planning and environmental impact assessments take?

Answer: Article 13 of the Regulations on Environmental Impact Assessment of Planning (promulgated by the State Council of the People's Republic of China on August 17, 2009, Order No. 559) stipulates that for special plans that may cause adverse environmental impacts and directly involve public environmental rights and interests, the planning authority shall, before submitting the draft plan for approval, publicly solicit opinions from relevant units, experts, and the public on the environmental impact assessment report through forms such as questionnaires, symposiums, demonstration meetings, and hearings. However, except for those that are required by law to be kept confidential.     

 

22. What situations do the "key content omission" in the fraudulent behavior of environmental impact assessment preparation units include?

Answer: According to the "Opinions on Punishing Fraud and Improving the Quality of Environmental Impact Assessment" (Environmental Impact Assessment [2020] No. 48), "key content omission" in typical fraudulent behavior in the field of environmental impact assessment refers to the following situations:
Environmental impact assessment documents conceal the actual commencement of the project; Omitting important environmental protection targets such as ecological protection red lines, nature reserves, drinking water source protection areas, or areas with residential, medical and health, cultural and educational functions as the main functions; Failure to conduct investigations and evaluations on the current status of relevant environmental factors, as well as predictions and evaluations of relevant environmental factors or environmental risks; Failure to propose effective measures for preventing and controlling environmental pollution and ecological damage.

 

23. What situations are included in the fraudulent behavior of the environmental impact assessment preparation unit in terms of "incorrect data conclusions"?

Answer: According to the "Opinions on Punishing Fraud and Improving the Quality of Environmental Impact Assessment" (Environmental Impact Assessment [2020] No. 48), "data conclusion errors" in typical fraudulent behavior in the field of environmental impact assessment refer to the following situations:
Fabricating or tampering with environmental monitoring and investigation data or hazardous waste identification results in environmental impact assessment documents; Fabricating the content or results of current investigations, predictions, evaluations of relevant environmental factors or environmental risks; Lowering the environmental impact assessment standards, resulting in incorrect environmental impact assessment conclusions; The construction project type, site selection, layout, scale, etc. clearly do not comply with environmental protection laws and regulations, but still provide feasible conclusions on environmental impact.

24.What are the "other fraudulent situations" included in the fraudulent behavior of the environmental impact assessment preparation unit?

Answer: According to the "Opinions on Punishing Fraud and Improving the Quality of Environmental Impact Assessment" (Environmental Impact Assessment [2020] No. 48), the typical fraudulent behavior in the field of environmental impact assessment refers to the following situations:
The construction unit and planning authority have not organized public participation but fabricated public participation content out of thin air, or tampered with the actual results of public participation surveys; Intentionally altering or concealing the content and scale of engineering construction by relevant units in order to reduce the type of environmental impact assessment documents or the level of evaluation work; The environmental impact assessment unit, the person in charge of preparing the environmental impact assessment documents, and the main personnel responsible for preparing the environmental impact assessment documents impersonate or forge the signatures and seals of others in the environmental impact assessment documents; Other basic information is obviously untrue, and the content and conclusions are significantly false.

25. What are the situations of "plagiarism of environmental impact assessment documents" in the fraudulent behavior of environmental impact assessment preparation units?

Answer: According to the "Opinions on Punishing Fraud and Improving the Quality of Environmental Impact Assessment" (Environmental Impact Assessment [2020] No. 48), "plagiarism of environmental impact assessment documents" in the typical fraudulent behavior in the field of environmental impact assessment refers to the following situations:
The environmental impact assessment documents (referring to the construction project environmental impact assessment report, report form, and planning environmental impact assessment report) clearly indicate that the project construction site, main project, and production process do not belong to this project; The basic situation, pollutant emissions, and compliance of the existing project are clearly not part of this project; The results of the environmental status investigation and prediction evaluation clearly do not belong to this project or plan.

26.How should the construction unit handle the environmental impact assessment procedures if there are situations that do not comply with the approved environmental impact assessment documents during the project construction and operation process?

Answer: According to Article 27 of the Environmental Impact Assessment Law of the People's Republic of China, if there are situations during the construction and operation of a project that do not comply with the approved environmental impact assessment documents, the construction unit shall organize a post evaluation of the environmental impact, take improvement measures, and report to the original environmental impact assessment document approval department and the construction project approval department for filing; The approval department of the original environmental impact assessment document may also instruct the construction unit to conduct a post evaluation of the environmental impact and take improvement measures.

27. After the environmental impact assessment document of a construction project is approved, if there are significant changes in the nature, scale, location, production process adopted, or measures to prevent pollution and ecological damage of the construction project, how can the construction unit handle the environmental impact assessment procedures?

Answer: According to Article 24 of the Environmental Impact Assessment Law of the People's Republic of China, if there are significant changes in the nature, scale, location, production processes adopted, or measures to prevent pollution and ecological damage of a construction project after its environmental impact assessment documents have been approved, the construction unit shall reapply for approval of the environmental impact assessment documents of the construction project.

28. 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, can the construction unit commence construction?

Answer: Construction is not allowed to commence. According to Article 25 of the Environmental Impact Assessment Law of the People's Republic of China, 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. Article 24: If there are significant changes in the nature, scale, location, production processes adopted, or measures to prevent pollution and ecological damage of the construction project after the environmental impact assessment document of the construction project is approved, the construction unit shall reapply for approval of the environmental impact assessment document of the construction project. If the environmental impact assessment document of a construction project is not approved for more than five years before the decision to start construction is made, the environmental impact assessment document shall be submitted to the original approval department for re examination.

29.What control system does the country implement for the emission of key pollutants?

Answer: Total quantity control system. Total control refers to an environmental management method system that focuses on controlling the total amount of pollutants emitted by polluting units within a certain area during a certain period of time. It includes three aspects: first, the total amount of pollutants emitted; The second is the geographical range of the total amount of pollutants emitted; The third is the time span of pollutant emissions. There are usually three types: target total control, capacity total control, and industry total control. The total quantity control in our country is basically target total quantity control.

 

30.How many working days is the review deadline for the total amount of major pollutants?

Answer: According to the "Interim Measures for the Review and Management of Total Emission Indicators of Major Pollutants in Construction Projects" issued by the Ministry of Ecology and Environment, "after the acceptance of the environmental impact assessment documents, the total emission control and pollution prevention management agencies within the environmental protection department shall review the total emission control content and preliminary review opinions in the environmental impact assessment documents within 10 working days from the date of receipt, and issue review opinions." Our bureau promises to complete the review within 5 working days.

31. Which industries should use performance methods to determine the total emissions of major pollutants that need to be replaced by construction projects?

Answer: According to the Interim Measures for the Review and Management of Total Emission Indicators of Major Pollutants in Construction Projects issued by the Ministry of Ecology and Environment (Huan Fa [2014] No. 197), the total emission indicators of major pollutants that need to be replaced by construction projects in industries such as thermal power, steel, cement, papermaking, printing and dyeing should be determined using performance methods.

32.What is the environmental impact assessment level for industries such as ironmaking, steelmaking, and ferroalloy smelting?

Answer: Based on the characteristics of the construction project and the environmental sensitivity of the area, taking into account the potential impact of the construction project on the environment, the environmental impact assessment of the construction project is classified and managed. According to the Classification and Management List of Environmental Impact Assessment for Construction Projects (2021 Edition), the environmental impact assessment level for industries such as ironmaking, steelmaking, and ferroalloy smelting is an environmental impact assessment report.

33.What is the environmental impact assessment level for atmospheric pollution control projects such as desulfurization, denitrification, dust removal, and VOCs treatment? 

Answer: Based on the characteristics of the construction project and the environmental sensitivity of the area, taking into account the potential impact of the construction project on the environment, the environmental impact assessment of the construction project is classified and managed. According to the "Classification Management List for Environmental Impact Assessment of Construction Projects" (2021 edition), the environmental impact assessment level for atmospheric pollution control projects such as desulfurization, denitrification, dust removal, and VOCs treatment is the Environmental Impact Registration Form.

34. What scale of medical and health projects require the preparation of an environmental impact assessment report?

Answer: Based on the characteristics of the construction project and the environmental sensitivity of the area, taking into account the potential impact of the construction project on the environment, the environmental impact assessment of the construction project is classified and managed. According to the "Classification and Management Catalogue for Environmental Impact Assessment of Construction Projects" (2021 edition), medical and health projects that construct or expand 500 or more inpatient beds are required to prepare an environmental impact assessment report.

35.How to determine the environmental impact assessment level of tourism development projects?

Answer: According to the "Classification and Management Catalogue for Environmental Impact Assessment of Construction Projects" (2021 edition), all tourism development construction projects are not required to prepare a construction project environmental impact assessment report. The construction of tourism development projects involving cable cars and cableway construction requires environmental impact assessment, preparation of environmental impact assessment forms, and approval. The environmental impact assessment level of tourism development projects that do not include the above-mentioned construction content is the construction project environmental impact registration form.

36. What is post environmental impact assessment?

Answer: According to Article 2 of the Management Measures for Environmental Impact Post Assessment of Construction Projects (Trial), the environmental impact post assessment referred to in these Measures refers to the method and system of tracking, monitoring, and verifying the actual environmental impact, pollution prevention and control, ecological protection, and risk prevention measures of a construction project that has passed the completion acceptance of environmental protection facilities and stable operation for a certain period of time, and proposing remedial plans or improvement measures to enhance the effectiveness of environmental impact assessment.

37.How to organize and carry out post environmental impact assessment work?

Answer: According to Article 6 of the "Management Measures for Post Environmental Impact Assessment of Construction Projects (Trial)", the construction unit or production and operation unit is responsible for organizing and carrying out post environmental impact assessment work, preparing post environmental impact assessment documents, and being responsible for the conclusions of post environmental impact assessment.
The construction unit or production and operation unit may entrust environmental impact assessment agencies, engineering design units, colleges and universities, and relevant assessment agencies to prepare environmental impact post assessment documents. The environmental impact assessment agency responsible for preparing the environmental impact assessment report for a construction project shall not, in principle, undertake the preparation of the post assessment documents for the environmental impact of the construction project. The construction unit or production and operation unit shall submit the environmental impact assessment document to the environmental protection department that originally approved the environmental impact assessment report for filing, and accept supervision and inspection by the environmental protection department.

38.When will the post evaluation of the environmental impact of construction projects be organized?

Answer: According to the "Management Measures for Post Environmental Impact Assessment of Construction Projects (Trial)", post environmental impact assessment of construction projects should be carried out within three to five years after the construction project is officially put into production or operation. The environmental protection department that originally approved the environmental impact assessment report may also determine the time limit for conducting post environmental impact assessment based on the environmental impact and changes in environmental factors of the construction project.

39. Which department is responsible for the management of post evaluation of environmental impact of construction projects?

Answer: According to Article 5 of the "Management Measures for Post Environmental Impact Assessment of Construction Projects (Trial)", the management of post environmental impact assessment of construction projects is the responsibility of the environmental protection department that approves the environmental impact assessment report of the construction project. The Ministry of Environmental Protection organizes the development of technical specifications for post assessment of environmental impacts, guiding the post assessment of environmental impacts for cross administrative regions, cross river basins, and major sensitive projects.

40. Which department should the construction unit or production and operation unit submit the environmental impact assessment document for filing?

Answer: According to Article 6 of the "Management Measures for Post Environmental Impact Assessment of Construction Projects (Trial)", the construction unit or production and operation unit is responsible for organizing and carrying out post environmental impact assessment work, preparing post environmental impact assessment documents, and being responsible for the conclusions of post environmental impact assessment. The construction unit or production and operation unit may entrust environmental impact assessment agencies, engineering design units, colleges and universities, and relevant assessment agencies to prepare environmental impact post assessment documents. The environmental impact assessment agency responsible for preparing the environmental impact assessment report for a construction project shall not, in principle, undertake the preparation of the post assessment documents for the environmental impact of the construction project. The construction unit or production and operation unit shall submit the environmental impact assessment document to the environmental protection department that originally approved the environmental impact assessment report for filing, and accept supervision and inspection by the environmental protection department.

41. If there are significant changes in the nature, scale, location, process, or environmental protection measures of the environmental impact assessment report of a construction project after approval; How should construction commence within five years from the date of approval of the environmental impact assessment document?

Answer: According to Article 24 of the Environmental Impact Assessment Law of the People's Republic of China, if there are significant changes in the nature, scale, location, production processes adopted, or measures to prevent pollution and ecological damage of a construction project after its environmental impact assessment documents have been approved, the construction unit shall reapply for approval of the environmental impact assessment documents of the construction project. If the environmental impact assessment document of a construction project is not approved for more than five years before the decision to start construction is made, the environmental impact assessment document shall be submitted to the original approval department for re examination; The original approval department shall notify the construction unit in writing of the review opinions within ten days from the date of receiving the environmental impact assessment documents for the construction project.

 

42.How to prepare urban environmental protection plans?

Answer: Urban environmental protection planning is an important basis for urban environmental management. The formulation of urban environmental protection plans must be based on the urban socio-economic development plan and the overall urban planning, while also supplementing and improving the latter. Urban environmental protection planning has the characteristics of regionalism, comprehensiveness, and predictability. The compilation should follow the following principles: 1. Coordinate with the development and construction planning of the city, protecting the environment while promoting urban development; 2. Reasonably utilize natural resources and comprehensively utilize wastewater, exhaust gas, and solid waste; 3. Minimize and control the emissions and concentrations of pollutants to the greatest extent possible; 4. Make full use of green systems and water purification to maintain ecological balance. After completion, it shall be submitted to the same level people's government for approval and announced for implementation.

43. What is planning environment tracking evaluation?

Answer: It refers to the monitoring, analysis, and evaluation of the environmental impacts that have already occurred and are currently occurring by the planning authority during the implementation of the plan. It analyzes the actual environmental impacts of the plan implementation, evaluates the effectiveness of the measures and strategies taken to prevent or mitigate adverse ecological environmental impacts, assesses whether the plan implementation has had a significant impact on the ecological environment, proposes solutions to the ecological environmental problems caused by the already implemented part of the plan, and proposes optimization and adjustment suggestions or measures to reduce adverse ecological environmental impacts for the subsequent implementation of the plan.

44.How many years after the implementation of the development and construction plan for industrial parks, should environmental impact tracking and evaluation be carried out in a timely manner?

Answer: According to Article 6 of the "Opinions on Further Strengthening the Environmental Impact Assessment of Industrial Park Planning" (Environmental Impact Assessment [2020] No. 65), for plans that may lead to a decline in regional environmental quality and ecological function, and have been implemented for more than five years without major adjustments, the management agency of the industrial park should promptly carry out environmental impact tracking assessment work and prepare a planning environmental impact tracking assessment report. The environmental impact tracking assessment report should include an evaluation of the implemented planning content and suggestions for optimizing and adjusting subsequent planning content. The evaluation conclusion should be reported to the relevant ecological and environmental authorities. The ecological environment management department may provide feedback on the evaluation results based on the actual situation.

45. Based on factors such as the amount of pollutants generated, emissions, and the degree of impact on the environment, classify the management of pollutant discharge permits for polluting units. What are the specific categories?

Answer: According to Article 2 and Article 24 of the Regulations on the Administration of Pollutant Discharge Permits, pollutant discharge units are subject to classified management of pollutant discharge permits based on factors such as pollutant generation, emission, and environmental impact. Specifically, they are classified into key management, simplified management, and registration management.
（1） Pollutant discharge units that generate or discharge pollutants or have a significant impact on the environment shall be subject to key management of pollutant discharge permits;
（2） Pollutant discharge units with relatively low levels of pollutant generation, emissions, and environmental impact shall implement simplified management of pollutant discharge permits.
（3） Enterprises, institutions, and other producers and operators with minimal pollution generation, emissions, and environmental impact should fill out a pollutant discharge registration form and do not need to apply for a pollutant discharge permit.

46.What is the validity period of the pollutant discharge permit? How to handle the procedures for extending and changing the pollutant discharge permit?

Answer: According to Article 14 of the Regulations on the Administration of Pollutant Discharge Permits, the validity period of the pollutant discharge permit is 5 years. If the pollutant discharge unit needs to continue discharging pollutants after the expiration of the pollutant discharge permit, it shall apply to the approval department 60 days before the expiration of the pollutant discharge permit. The approval department shall complete the examination within 20 days from the date of acceptance of the application; Continuation shall be granted to those who meet the conditions, and no continuation shall be granted to those who do not meet the conditions, with reasons stated in writing.
If a pollutant discharge unit changes its name, residence, legal representative or main person in charge, it shall apply to the approval department for the change of pollutant discharge permit within 30 days from the date of the change.

47. If there are changes in the pollutant discharge standards and total control requirements for key pollutants applicable to the polluting units, is it necessary to modify the pollutant discharge permit?

Answer: If there are changes in the pollutant emission standards and the requirements for controlling the total amount of key pollutants, it is necessary to modify the pollutant discharge permit.
According to Article 16 of the Regulations on the Administration of Pollutant Discharge Permits, if there are changes in the pollutant discharge standards and total control requirements for key pollutants applicable to the pollutant discharge unit, and it is necessary to change the pollutant discharge permit, the approval department may make corresponding changes to the pollutant discharge permit in accordance with the law.

48. What report should polluting units submit to the approval department to reflect their pollutant emissions? How can the polluting unit report changes in pollutant emissions and explain the reasons if production is suspended during the validity period of the pollutant discharge permit?

Answer: According to Article 22 of the Regulations on the Administration of Pollutant Discharge Permits, polluting units shall submit a report on the implementation of the pollutant discharge permit to the approval department in accordance with the content, frequency, and time requirements stipulated in the permit, truthfully reporting pollutant discharge behavior, discharge concentration, discharge volume, etc.
If there is a suspension of production during the validity period of the pollutant discharge permit, the polluting unit shall truthfully report the changes in pollutant emissions and explain the reasons in the execution report of the pollutant discharge permit.

49.Do enterprises, institutions, and other producers and operators with minimal pollution generation, emissions, and environmental impact need to apply for a pollutant discharge permit?

Answer: According to Article 24 of the Regulations on the Administration of Pollutant Discharge Permits, enterprises, institutions, and other producers and operators with small amounts of pollutant generation, emissions, and environmental impact should fill out a pollutant discharge registration form and do not need to apply for a pollutant discharge permit.
Enterprises, institutions, and other producers and operators who need to fill out the pollutant discharge registration form shall comply with the scope of the "Classification and Management List of Fixed Pollution Source Pollutant Discharge Permits (2019 Edition)" formulated and published by the ecological environment department of the State Council.

50. Enterprises, institutions, and other producers and operators who need to fill out the pollutant discharge registration form shall fill in basic information, pollutant discharge destinations, pollutant discharge standards implemented, and pollution prevention and control measures taken on the national pollutant discharge permit management information platform; How many days should the information filled in be changed from the date of the change?

Answer: According to Article 24 of the Regulations on the Administration of Pollutant Discharge Permits, enterprises, institutions, and other producers and operators who need to fill out the Pollutant Discharge Registration Form shall fill in basic information, pollutant discharge destinations, pollutant discharge standards implemented, and pollution prevention and control measures taken on the National Pollutant Discharge Permit Management Information Platform; If there is a change in the information filled in, the change should be made within 20 days from the date of the change.

51. If a pollutant discharge unit discovers abnormal data transmission from the automatic monitoring equipment for pollutant discharge, which department should it report to in a timely manner and conduct inspection and repair?

Answer: According to Article 20 of the Regulations on the Administration of Pollutant Discharge Permits, polluting units that implement key management of pollutant discharge permits shall install, use, and maintain automatic monitoring equipment for pollutant emissions in accordance with the law, and connect it to the monitoring equipment of the ecological environment department.
If the pollutant discharge unit discovers abnormal data transmission from the automatic monitoring equipment for pollutant discharge, it shall promptly report to the ecological environment department for inspection and repair.

52. If a polluting unit has two or more production and operation sites that discharge pollutants, can it apply for one pollutant discharge permit?

Answer: It's not possible. According to Article 6 of the Regulations on the Administration of Pollutant Discharge Permits, polluting units shall apply for a pollutant discharge permit from the ecological environment department (hereinafter referred to as the approval department) of the local people's government at or above the city level where their production and business premises are located. If a pollutant discharging unit has two or more production and operation sites that discharge pollutants, it shall apply for and obtain pollutant discharge permits separately according to the production and operation sites.

53.How to renew the validity period of the pollutant discharge permit?

Answer: According to Article 14 of the Regulations on the Administration of Pollutant Discharge Permits, if the pollutant discharge unit needs to continue discharging pollutants after the expiration of the pollutant discharge permit, it shall apply to the approval department 60 days before the expiration of the pollutant discharge permit.
The approval department shall complete the examination within 20 days from the date of acceptance of the application; Continuation shall be granted to those who meet the conditions, and no continuation shall be granted to those who do not meet the conditions, with reasons stated in writing.

54. During the validity period of the pollutant discharge permit, if there are changes in the production and operation site, pollutant discharge outlet location, pollutant discharge method, or discharge destination of the polluting unit, should the pollutant discharge permit be reapplied for?

Answer: It is necessary to reapply for and obtain a pollutant discharge permit.
According to Article 15 of the Regulations on the Administration of Pollutant Discharge Permits, if a pollutant discharge unit falls under any of the following circumstances during the validity period of the pollutant discharge permit, it shall reapply for and obtain a new pollutant discharge permit:
（1） New construction, renovation, and expansion projects that discharge pollutants;
（2） Changes in the location of production and operation sites, pollutant discharge outlets, pollutant discharge methods, and discharge destinations;
（3） The number of pollutant discharge outlets or the types, amounts, and concentrations of pollutant emissions have increased.

55. What does the general process water treatment facility refer to in the "Classification Management List of Fixed Pollution Source Discharge Permits (2019 Edition)"?

Answer: According to Article 6 and Article 7 of the "Classification Management List of Fixed Pollution Source Discharge Permits (2019 Edition)", the 51st general process includes four categories: boilers, industrial furnaces, surface treatment, and water treatment. Among them, water treatment facilities include all facilities for physical and chemical treatment of water, including filtration, sedimentation, etc.

56.What is the retention period for environmental management ledger records?

Answer: According to Article 21 of the Regulations on the Administration of Pollutant Discharge Permits, polluting units shall establish an environmental management ledger recording system, and truthfully record the operation of major production facilities, pollution prevention and control facilities, as well as the concentration and amount of pollutant emissions in accordance with the format, content, and frequency specified in the pollutant discharge permit. The retention period of environmental management ledger records shall not be less than 5 years.

57.How to submit the pollutant discharge permit execution report?

Answer: Article 22 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that polluting units shall submit a report on the implementation of the pollutant discharge permit to the approval department in accordance with the content, frequency, and time requirements stipulated in the pollutant discharge permit, truthfully reporting pollutant discharge behavior, discharge concentration, discharge amount, etc. If there is a suspension of production during the validity period of the pollutant discharge permit, the polluting unit shall truthfully report the changes in pollutant emissions and explain the reasons in the execution report of the pollutant discharge permit.

58.What should be included in the application form for a pollutant discharge permit?

Answer: Article 7 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that to apply for and obtain a pollutant discharge permit, one can submit the permit application form through the National Pollutant Discharge Permit Management Information Platform, or submit it by letter or other means.
The application form for pollutant discharge permit shall include the following items:
（1） Information such as the name, address, legal representative or main person in charge, location of production and business premises, and unified social credit code of the polluting unit;
（2） Approval documents for the environmental impact assessment report (form) of construction projects or filing materials for the environmental impact registration form;
（3） According to the types, concentrations, and amounts of pollutant emissions applied for by pollutant discharge outlets, major production facilities or workshops, and factory boundaries, the pollutant emission standards and total control indicators for key pollutant emissions shall be implemented;
（4） Information on pollution prevention and control facilities, location and quantity of pollutant discharge outlets, pollutant discharge methods, discharge destinations, self-monitoring plans, etc;
（5） An explanation of the main production facilities, main products and production capacity, main raw and auxiliary materials, production and emission of pollutants, and whether they involve trade secrets and other situations that are not suitable for public disclosure.

59.Under what circumstances should corresponding materials be submitted when applying for a pollutant discharge permit?

Answer: Article 8 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that in any of the following circumstances, corresponding materials shall be submitted when applying for a pollutant discharge permit:
（1） For those that are subject to key management of pollutant discharge permits, the polluting unit has already made public the basic information of the unit and the explanatory materials of the proposed permit items through the National Pollutant Discharge Permit Management Information Platform before submitting the application;
（2） For urban and industrial wastewater centralized treatment facilities, explanatory materials on the pollutant discharge scope, pipeline layout, and final discharge destination of the polluting units;
（3） For new construction, renovation, expansion projects that discharge key pollutants, as well as implementation of technological transformation projects, the pollutant discharge unit shall obtain explanatory materials for the total control indicators of key pollutant emissions through the reduction of pollutant emissions.

60. Polluting units should construct standardized pollutant discharge outlets in accordance with the regulations of the ecological environment department, and what should be set up?

Answer: Article 18 of Chapter 3 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that polluting units shall construct standardized pollutant discharge outlets and set up signs in accordance with the regulations of the ecological environment department. The location and quantity of pollutant discharge outlets, the method and destination of pollutant discharge shall comply with the provisions of the pollutant discharge permit. Polluting units that implement new construction, renovation, expansion projects, and technological upgrades shall construct standardized pollutant discharge outlets while constructing pollution prevention and control facilities.

61. Polluting units shall conduct self-monitoring in accordance with the provisions of the pollutant discharge permit and relevant standards and regulations, and keep original monitoring records in accordance with the law. How long is the retention period for original monitoring records?

Answer: Article 19 of Chapter 3 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that polluting units shall conduct self-monitoring in accordance with the provisions of the pollutant discharge permit and relevant standards and regulations, and keep original monitoring records in accordance with the law. The retention period of original monitoring records shall not be less than 5 years. Polluting units shall be responsible for the authenticity and accuracy of their self-monitoring data, and shall not tamper with or forge it.

62.What are the categories of pollutant discharge permit management in the pulp manufacturing industry?

Answer: The state implements key management, simplified management, and registration management of pollutant discharge permits based on factors such as the amount of pollutants generated, emitted, and the degree of impact on the environment by enterprises, institutions, and other producers and operators that discharge pollutants. According to the "Classification Management List of Fixed Pollution Source Discharge Permits (2019 Edition)", the pulp manufacturing industry is all under key management.

63.What are the categories of pollutant discharge permit management in the chemical raw material manufacturing industry?

Answer: The state implements key management, simplified management, and registration management of pollutant discharge permits based on factors such as the amount of pollutants generated, emitted, and the degree of impact on the environment by enterprises, institutions, and other producers and operators that discharge pollutants. According to the "Classification and Management List of Pollutant Discharge Permits for Fixed Pollution Sources (2019 Edition)", the chemical drug raw material manufacturing industry is all under key management.

64.What are the categories of pollutant discharge permit management for repair and maintenance industries such as automobiles and motorcycles?

Answer: The state implements key management, simplified management, and registration management of pollutant discharge permits based on factors such as the amount of pollutants generated, emitted, and the degree of impact on the environment by enterprises, institutions, and other producers and operators that discharge pollutants. According to the "Classification and Management List of Pollutant Discharge Permits for Fixed Pollution Sources (2019 Edition)", those with a business area of 5000 square meters or more and a painting process are included in simplified management, while others are not included in pollutant discharge permit management.

65. Which hospitals above a certain scale are included in the key management of pollutant discharge permits?

Answer: The state implements key management, simplified management, and registration management of pollutant discharge permits based on factors such as the amount of pollutants generated, emitted, and the degree of impact on the environment by enterprises, institutions, and other producers and operators that discharge pollutants. According to the "Classification Management List of Fixed Pollution Source Discharge Permits (2019 Edition)", hospitals with a scale of 500 beds or more are included in the key management of discharge permits.

66. What industry categories are classified according to the "Classification Management List of Fixed Pollution Source Discharge Permits (2019 Edition)"?

Answer: In order to implement the classification management of pollutant discharge permits, the country has formulated the "Catalogue of Classification Management of Fixed Pollution Source Discharge Permits (2019 Edition)" based on relevant laws and regulations such as the "Environmental Protection Law of the People's Republic of China" and the "Notice of the General Office of the State Council on Issuing the Implementation Plan for Controlling Pollutant Discharge Permits", and classified industries according to the "Classification of National Economic Industries".

67.When should a newly established pollutant discharge unit apply for a pollutant discharge permit or fill out a pollutant discharge registration form?

Answer: The state implements key management, simplified management, and registration management of pollutant discharge permits based on factors such as the amount of pollutants generated, emissions, and environmental impact of enterprises, institutions, and other production and operation units that discharge pollutants. Enterprises, institutions, and other producers and operators included in the "List" shall apply for and obtain pollutant discharge permits within the prescribed time limit. Newly established polluting units shall apply for a pollutant discharge permit or fill out a pollutant discharge registration form before starting production facilities or actual pollution discharge occurs.

68.What information should key polluting units truthfully disclose to the society and accept social supervision?

Answer: According to Article 23 of the Regulations on the Administration of Pollutant Discharge Permits, polluting units shall truthfully disclose pollutant discharge information on the national pollutant discharge permit management information platform in accordance with the provisions of the pollutant discharge permit. The information on pollutant emissions should include the types, concentrations, and amounts of pollutants emitted, as well as the construction and operation of pollution prevention and control facilities, reports on the implementation of pollutant discharge permits, self-monitoring data, etc; Among them, if water pollutants are discharged into the municipal drainage network, information such as the location and discharge method of the sewage connected to the municipal drainage network should also be included.

69. In what areas is it prohibited to burn asphalt, felt, rubber, plastic, leather, and other substances that produce toxic and harmful smoke and odorous gases?

Answer: Article 41 of the Air Pollution Prevention and Control Law of the People's Republic of China stipulates that in densely populated areas and other areas that require special protection according to law, it is prohibited to burn asphalt, felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odorous gases. Article 57 stipulates that if anyone violates the provisions of the first paragraph of Article 41 of this Law by burning asphalt, felt, rubber, plastic, leather, garbage, or other substances that produce toxic and harmful smoke, dust, and odorous gases in densely populated areas or other areas that require special protection according to law, the environmental protection administrative department of the local people's government at or above the county level shall order the cessation of the illegal act and impose a fine of not more than 20000 yuan.

 

70. How does the ecological environment department supervise the implementation of planning and environmental impact assessments?

Answer: According to the "Action Plan for Environmental Impact Assessment and Pollutant Discharge Permit Supervision (2021-2023)" and the "Work Plan for Environmental Impact Assessment and Pollutant Discharge Permit Supervision of the Ministry of Ecology and Environment in 2021", provincial and municipal ecological environment authorities select key areas such as industrial parks organized by their own and lower level ecological environment authorities for review each year to conduct spot checks on the implementation of environmental impact assessments. The main focus is on inspecting the implementation of entry requirements, optimization and adjustment suggestions such as avoiding sensitive areas, and environmental protection measures proposed in the conclusions and review opinions of the planning environmental impact assessment report, and verifying plans that have already caused significant adverse environmental impacts in accordance with the law. At the same time, the report is checked for serious inaccuracies and other quality issues.

71.What system does China implement for outdated processes and equipment that seriously pollute the water environment?

Answer: Article 46 of the Water Pollution Prevention and Control Law of the People's Republic of China stipulates that the state implements a system of phasing out outdated processes and equipment that seriously pollute the water environment. The comprehensive macroeconomic regulation and control department of the State Council, in conjunction with relevant departments of the State Council, shall publish a list of processes that seriously pollute the water environment and a list of equipment that seriously pollutes the water environment and is prohibited from production, sale, import, and use within a specified period of time. Producers, sellers, importers, or users shall cease the production, sale, import, or use of equipment listed in the equipment catalog specified in the preceding paragraph within the prescribed period. The user of the technology shall stop using the technology listed in the technology directory specified in the preceding paragraph within the prescribed period.

72.According to the Soil Pollution Prevention and Control Law of the People's Republic of China, land parcels included in the list of soil pollution risk control and restoration for construction land cannot be used for any purpose?

Answer: Article 61 of the Soil Pollution Prevention and Control Law of the People's Republic of China stipulates that the ecological environment department of the provincial people's government shall, in conjunction with the natural resources department, organize the review of the soil pollution risk assessment report in accordance with the regulations of the ecological environment department of the State Council, timely include the land parcels that need to be subject to risk control and restoration in the list of soil pollution risk control and restoration for construction land, and regularly report to the ecological environment department of the State Council. Land parcels included in the list of soil pollution risk control and remediation for construction land shall not be used as residential, public management, or public service land.

73.According to the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, which buildings are noise sensitive and need to be kept quiet?

A: The Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution was adopted at the 22nd meeting of the Standing Committee of the Eighth National People's Congress on October 29, 1996, and then amended in accordance with the Decision on Amending the Labor Law of the People's Republic of China and Other Seven Laws adopted at the 7th meeting of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018. According to Article 2 of Chapter 9 Supplementary Provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, noise sensitive buildings refer to buildings that need to be kept quiet for residential, scientific research, medical and health, cultural and educational, office and group work, social welfare, and other purposes.

 

74. Can projects that do not conform to the industrial positioning of the park be approved?

Answer: Article 11 of the Regulations on the Management of Environmental Protection for Construction Projects stipulates that "construction projects whose type, location, layout, scale, etc. do not comply with environmental protection laws, regulations, and relevant statutory plans" shall not be approved. In terms of the linkage requirements between planning environmental impact assessment and project environmental impact assessment, the original Ministry of Environmental Protection's "Opinions on Strengthening the Linkage between Planning Environmental Impact Assessment and Construction Project Environmental Impact Assessment" (Huan Fa [2015] No. 178) stipulates that "for project environmental impact assessment documents that clearly do not comply with the relevant planning environmental impact assessment conclusions and review opinions, environmental protection departments at all levels should take the conformity with the planning environmental impact assessment conclusions as one of the basis for project approval". The Notice on Strengthening Environmental Impact Assessment Management with Improving Environmental Quality as the Core (Environmental Impact Assessment [2016] No. 150) stipulates that "environmental impact assessments for projects that do not comply with the conclusions and review opinions of the planning environmental impact assessment shall not be approved in accordance with the law." Therefore, in the approval of environmental impact assessments for construction projects, the above laws and regulations should be strictly adhered to, with the goal of improving regional environmental quality and ensuring the effective operation of mechanisms for preventing environmental pollution and ecological damage at the source.

 
 

75.What is the equivalent sound level limit for environmental noise applicable to Class 75 and 0 sound environment functional zones?

Answer: According to the "Technical Specification for the Division of Environmental Noise Applicable Areas in Urban Areas" (GB/T 15190), the areas with different acoustic environmental functions within the urban planning area are divided as the legal basis for noise pollution prevention and control. Class 0 acoustic environment functional zone refers to areas that require special quietness, such as rehabilitation and recuperation zones. The applicable environmental noise equivalent sound level limit is 50 decibels during the day and 40 decibels at night.