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◉ Introduction to Environmental Impact Assessment
Environmental impact assessment refers to the analysis, prediction, and evaluation of the potential environmental impacts that may arise after the implementation of planning and construction projects, proposing measures and strategies to prevent or mitigate adverse environmental impacts, and implementing tracking and monitoring methods and systems.
The evaluation method is to have a professional third-party prepare an environmental impact assessment report/form and submit it to the ecological environment department for approval according to the procedure. The main content of the book/table includes analysis of the consistency between industry and planning, pollution generation situation, and proposing corresponding pollution control measures.
The ultimate outcome of environmental impact assessment is to obtain: an environmental impact assessment report/form prepared and approved by the environmental assessment unit, and an environmental impact assessment approval opinion issued by the ecological environment department, also known as the environmental impact assessment approval (red headed document). Both of these files need to be properly stored by the enterprise and will be frequently used in the future.
◉ Environmental Impact Assessment Classification
Environmental impact assessment is divided into environmental status assessment, environmental impact prediction and assessment, and environmental impact post assessment in chronological order; According to the evaluation object, it is divided into planning and construction project environmental impact assessment; According to environmental factors, it can be divided into atmosphere, surface water, groundwater, soil, noise, solid waste, and ecological environment impact assessment.
The environmental impact assessment of construction projects is closely related to enterprises.
◉ What construction projects require environmental impact assessment
The "Classification Management List for Environmental Impact Assessment of Construction Projects (2021 Edition)" (Order No. 16 of the Ministry of Ecology and Environment) specifies the environmental impact assessment categories for 55 major categories and 173 subcategories of construction projects. The construction content involves two or more project categories in the directory, that is, cross industry and composite construction projects. The environmental impact assessment category should be determined according to the highest single level among them. Construction projects that are not specified in the "Classification Management List for Environmental Impact Assessment of Construction Projects (2021 Edition)" are not included in the management of environmental impact assessment of construction projects.
◉ At what stage does the construction project apply for environmental impact assessment
According to Article 9 of the Regulations on the Management of Environmental Protection for Construction Projects, for construction projects that are required by law to prepare an environmental impact assessment report and an environmental impact assessment form, the construction unit shall submit the environmental impact assessment report and the environmental impact assessment form to the competent environmental protection administrative department with 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.
◉ Environmental Impact Assessment Approval for Construction Projects
Article 22 of the Environmental Impact Assessment Law stipulates that the environmental impact assessment report and report form of construction projects need to be submitted to the ecological environment department for approval, also known as environmental assessment approval, while the environmental impact registration form of construction projects is subject to filing management. Article 25 of the Environmental Impact Assessment Law stipulates that construction projects shall not commence construction without approval of the environmental impact assessment report and form.
◉ Environmental Impact Assessment Approval Process for Construction Projects
The approval process for the environmental impact assessment report of construction projects may vary depending on the project category (report, report form), regional policies, and specific management requirements, but overall follows the process of "enterprise application department acceptance technical evaluation (if necessary) review decision post approval supervision". The following is the general approval procedure, using the Environmental Impact Assessment Report form as an example to illustrate:
（1） Pre preparation stage
1. Determine the type of environmental impact assessment document
The construction unit shall determine the project category based on the "Classification and Management List of Environmental Impact Assessment for Construction Projects":
Environmental Impact Assessment Report: Projects that may cause significant environmental impacts (such as chemical, petrochemical, metallurgical, thermal power, waste incineration, large-scale water conservancy projects, etc.);
Environmental Impact Assessment Report Form: Projects that may cause mild environmental impacts (such as general manufacturing, small infrastructure, etc.);
Environmental Impact Registration Form: For projects with minimal environmental impact and no need for evaluation (such as catering, retail, etc.), they can be directly filled out and filed through the designated system of the ecological environment department (without approval).
2. Entrusting the preparation of environmental impact assessment documents
The construction unit shall entrust an environmental impact assessment agency with corresponding qualifications (now renamed as "National Unified Environmental Impact Assessment Credit Platform Registration") to prepare a report/form. During the preparation process, it is necessary to:
Conduct on-site surveys, collect data, and monitor the current situation;
Analyze the compliance of the project with industrial policies and environmental protection plans;
Predict the impact of the project on environmental factors such as atmosphere, water, sound, and ecology;
Propose pollution prevention and control measures (such as waste gas treatment facilities, wastewater standard discharge plans, noise insulation measures, etc.) and ecological protection measures.
3. Public participation (for the report)
If the project may have a significant impact on sensitive targets in the surrounding environment (such as residential areas, schools, hospitals, etc.), public participation must be carried out in accordance with the law:
Publicize the full (or simplified) version of the environmental impact assessment document and the public opinion form, and solicit public opinions through websites, newspapers, and posting notices (with a deadline of no less than 10 working days);
Summarize and analyze public opinions, explain the reasons for adoption or non adoption, and include them in the environmental impact assessment documents.
（2） Application and acceptance stage
1. Submit application materials
The construction unit shall submit the following materials (taking the report as an example) through the government service window of the ecological environment department or online approval platform (such as the "National Construction Project Environmental Impact Assessment Unified Application and Approval System"):
Application for Approval of Environmental Impact Assessment Documents for Construction Projects (stamped with official seal);
Two hard copies and an electronic version of the Environmental Impact Assessment Report (including a public participation statement, if required);
Construction project basis documents (such as project approval, planning and site selection opinions, etc.);
Other required materials (such as local government opinions, coordination certificates for sensitive targets, etc., depending on local regulations).
2. Formal review and acceptance decision
After receiving the application, the ecological environment department shall complete the formal review within 5 working days:
Acceptance: The materials are complete and comply with the legal form (such as the qualification of the environmental impact assessment document preparation unit being valid and the content being complete). An "Administrative License Acceptance Notice" will be issued, and the acceptance information (including project name, construction unit, environmental impact assessment document type, etc.) will be publicly announced on the official website;
Correction: If the materials are incomplete or do not meet the requirements, inform all the content that needs to be corrected at once (the correction period generally does not exceed 5 working days);
Not accepted: If the project does not comply with environmental laws and regulations (such as being a prohibited construction project), a "Decision of Not Acceptable" shall be issued and reasons shall be explained.
（3） Technical evaluation stage (for reports or complex report forms)
The ecological environment department entrusts third-party technical evaluation agencies (such as provincial environmental science institutes and evaluation centers) to conduct technical reviews for projects that require technical evaluations (usually reports with significant environmental impacts):
1. Assessment content: Focus on reviewing the quality of environmental impact assessment documents (data authenticity, scientific analysis methods), the accuracy of environmental impact prediction, the feasibility of pollution prevention and control measures (whether they meet the requirements of standard emissions and total control), and the effectiveness of environmental risk prevention and control measures;
2. Evaluation method: Technical evaluation institutions may organize expert review meetings (inviting industry experts and representatives from environmental protection departments), or conduct written reviews and on-site inspections;
3. Evaluation deadline: generally not exceeding 30 working days (may be extended for complex projects);
4. Evaluation Opinion: Issue a "Technical Evaluation Opinion Letter" to clarify the conclusions of "approved", "approved after modification", or "not approved". If modifications are required, the construction unit shall supplement and improve the environmental impact assessment documents according to the opinions and resubmit them.
（4） Review and Decision Stage
The ecological environment department makes approval decisions based on technical assessment opinions (if any) or direct review of environmental impact assessment documents (report forms usually do not require technical assessment):
1. Review focus:
Compliance of the project with industrial policies and environmental planning;
Whether pollutant emissions meet the requirements of standard emissions, total control, and regional environmental quality improvement;
Whether ecological protection measures are feasible (such as alternative plans to occupy ecological red line areas);
Whether the public participation program is compliant (for the report).
2. Approval deadline:
Report: Make a decision within 60 working days from the date of acceptance (including technical evaluation time);
Report form: Make a decision within 30 working days from the date of acceptance;
The technical evaluation time is not included in the approval deadline (but must be completed within the promised deadline).
3. Decision form:
Approval: Issue the "Approval of Environmental Impact Assessment Report/Report Form for Construction Projects" (specifying the environmental protection requirements of the project, such as emission standards, monitoring plans, acceptance requirements, etc.);
Not approved: issue a "Decision of Not Approval" and provide a written explanation of the reasons (such as non-compliance with environmental policies, infeasible pollution prevention and control measures, etc.).
（5） Post approval management stage
1. Information Disclosure
The ecological environment department will publicize the approval results (approval number, project name, construction unit, etc.) on its official website and accept social supervision.
2. The construction unit implements environmental protection requirements
The construction unit shall strictly follow the approval requirements:
Implement pollution prevention and control facilities (designed, constructed, and put into operation simultaneously with the main project, i.e. "three simultaneities");
Before the completion and commissioning of the project, the acceptance information of the national construction project completion environmental protection acceptance information system shall be made public, and independent acceptance shall be carried out (no longer mandatory for the environmental protection department to conduct acceptance, but it shall be made public in accordance with the law);
Regularly submit discharge permit execution reports, environmental monitoring data, etc. during the operation period.
3. Supervision by the ecological environment department
The ecological environment department conducts "double random" spot checks and special inspections on the entire process of project construction and operation:
Verify the construction and operation of pollution prevention and control facilities;
Check whether the pollutant emissions meet the standards;
Punish illegal projects in accordance with the law (such as construction without approval, construction without inspection, and excessive emissions).
◉ Environmental review approval time
Article 22 of the Environmental Impact Assessment Law stipulates that the ecological environment department shall make approval decisions and notify the construction unit in writing within 60 days from the date of receiving the environmental impact assessment report and within 30 days from the date of receiving the environmental impact assessment report. Some places may compress the time limit for environmental impact assessment approval.
◉ Consequences of Illegal Environmental Impact Assessment for Construction Projects
|
Illegal act |
Penalty Clause |
Penalty content |
|
Unauthorized commencement of construction projects without approval of environmental impact assessment documents |
Article 31 of the Environmental Impact Assessment Law of the People's Republic of China |
Order to stop construction and impose a fine of 1% -5% of the total investment amount of the construction project |
|
Failure to simultaneously implement the environmental protection measures proposed in the environmental impact assessment approval documents during construction |
Article 22, Paragraph 2 of the Regulations on Environmental Protection Management of Construction Projects | Order rectification within a specified time limit and impose a fine of not less than 200000 yuan but not more than 1 million yuan; Those who fail to make corrections within the prescribed time limit shall be ordered to stop construction |
| The required environmental protection facilities have not been built yet, and the project has been put into production | Article 23, Paragraph 1 of the Regulations on Environmental Protection Management of Construction Projects | Order rectification within a specified time limit and impose a fine of no less than 200000 yuan and no more than 1 million yuan; Those who fail to make corrections within the prescribed time limit shall be fined not less than 1 million yuan but not more than 2 million yuan; Impose a fine of no less than 50000 yuan and no more than 200000 yuan on the directly responsible supervisors and other responsible personnel |
◉ Compliance Services
The laboratory is built and managed strictly in accordance with standards, equipped with advanced instruments and equipment, and has a professional technical team with superb skills. It has rich industry service experience and strong testing technology capabilities. Based on the principles of objectivity and fairness, it provides authoritative testing reports with legal effect to the society, and provides full chain environmental risk management support for enterprises and regulatory departments. Welcome to contact us at 400-9269-886!
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