Environmental Impact Assessment of Construction Project Management Measures (Trial)

MEP orders

Order No. 37

Environmental Impact Assessment of Construction Project Management Measures (Trial)

The Measures for Post-evaluation of Environmental Impact Assessment of Construction Projects (Trial) was reviewed and approved by the MEP's Departmental Affairs Meeting on April 2, 2015 and is hereby promulgated and will come into effect on January 1, 2016.

Minister Chen Jining

December 10, 2015

Environmental Impact Assessment of Construction Project Management Measures (Trial)

Article 1 In order to standardize the post-environmental impact assessment of construction projects, the Measures are formulated in accordance with the Law of the People's Republic of China on Environmental Impact Assessment.

Article 2 The "post-environmental impact assessment" mentioned in the present Measures refers to the actual impact on the environment and the prevention and control of pollution and ecological protection after the construction project of the environmental impact assessment report is completed and passed the inspection and acceptance of the environmental protection facilities and is in stable operation for a certain period of time The effectiveness of risk prevention measures to track the monitoring and verification of evaluation and proposed remedial programs or improvements to improve the effectiveness of environmental impact assessment methods and systems.

Article 3 After the operation of the following construction projects that do not conform to the situation of the approved environmental impact report, post-environmental impact assessment shall be carried out:

(1) Construction projects in water conservancy, hydropower, mining, ports and railways where the actual environmental impact and scope are large and the major environmental impacts are gradually emerging after a certain period of operation of the project and other industries that cross important eco-sensitive areas Construction project

(2) Construction projects in the metallurgical, petrochemical and chemical industries with significant environmental risks, sensitive construction sites and continuous discharge of heavy metals or persistent organic pollutants;

(3) Other construction projects that the environmental protection department in charge of examining and approving the environmental impact report believes that post-environmental impact assessment should be carried out.

Article 4 The post-environmental impact assessment shall follow the principles of science, objectivity and fairness, fully reflect the actual environmental impacts of construction projects and objectively evaluate the implementation effects of various environmental protection measures.

Article 5 The management of post-environmental impact assessment of construction projects shall be the responsibility of the competent department of environmental protection which approves the environmental impact statement of the construction project.

MEP organizes technical specifications for post-environmental impact assessment to guide post-environmental impact assessment of inter-administrative regions, inter-basin and major sensitive projects.

Article 6 The construction unit or the production and business operation unit shall be responsible for organizing the post-environmental impact assessment, preparing the post-environmental impact assessment documents, and shall be responsible for the post-environmental impact assessment conclusion.

Construction units or production units may entrust environmental impact assessment agencies, engineering design institutes, tertiary institutions and relevant assessment agencies to prepare post-environmental impact assessment documents. The environmental impact assessment institution that compiles the environmental impact statement of the construction project shall in principle not undertake the compilation work of the evaluation document after the environmental impact of the construction project.

The construction unit or the production and business operation entity shall report the environmental impact assessment document to the competent department of environmental protection for the examination and approval of the environmental impact statement for the record and accept the supervision and inspection of the competent department of environmental protection.

Article VII of the environmental impact assessment of construction projects should include the following:

(A) Review of the construction project process. Including the environmental impact assessment, the implementation of environmental protection measures, the completion and acceptance of environmental protection facilities, the environmental monitoring and the collection and investigation of public opinions;

(B) Construction project evaluation. Including project location, scale, production process or operation mode, source of environmental pollution or ecological impact, mode of influence, extent and scope of the project;

(C) Regional environmental change assessment. Including the changes of environmental sensitive targets in the surrounding areas of construction projects, the changes of sources of pollution or other sources of influence, the present situation of environmental quality and the analysis of changing trends;

(D) The effectiveness of environmental protection measures assessment. Including whether pollution prevention and control, ecological protection and risk prevention measures stipulated in the environmental impact report are applicable and effective and can meet the requirements of relevant laws, regulations and standards of the state or local governments;

(E) Environmental Impact Forecast Verification. Including the difference between the predicted impact and the actual impact of the major environmental factors, the omission or significant errors in the contents and conclusions of the original environmental impact report, the persistent, cumulative and uncertain environmental impacts, etc.

(6) Environmental protection remediation plan and improvement measures;

(VII) Environmental Impact Assessment Conclusion.

Article 8 The post-environmental impact assessment of a construction project shall be carried out within three to five years after the construction project is formally put into production or operation. The competent department of environmental protection that originally examined and approved the environmental impact statement may also determine the time limit for carrying out the environmental impact assessment according to the environmental impact of the construction project and the changing characteristics of environmental factors.

Article 9 Construction units or production units may conduct post-environmental impact assessment of a single construction project or post-environmental impact assessment of a number of construction projects that have overlapping and cumulative environmental impacts in the same administrative area or basin.

Article 10 After completing the post-environmental impact assessment, the construction unit or production operation unit shall open the environmental impact assessment documents according to law and accept social supervision.

Article 11 The environmental protection department in charge of the construction unit or production and operation entity that fails to carry out the environmental impact assessment or does not implement the remedial measures and improvement measures and fails to implement the environmental impact assessment as required by the project shall order it to make corrections within a time limit, And to the public.

Article 12 The competent department of environmental protection may, according to the post-environmental impact assessment documents, make the improvement requirements for the environmental protection of construction projects and make it the basis for the environmental impact assessment and management of subsequent construction projects.

Article 13 Where the nature, scale, location, technology or environmental protection measures of a construction project undergo major changes upon approval, it shall be implemented in accordance with the provisions of Article 24 of the "Law of the People's Republic of China on Environmental Impact Assessment" Not applicable.

Article XIV of this approach is responsible for the interpretation of the MEP.

Article 15 These Procedures shall come into force on January 1, 2016.