After obtaining the EIA approval opinion, there have been changes to the project. What should I do?

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What should be done if the project changes after obtaining the environmental impact assessment approval? ▲On January 17, 2023, the Shanghai Municipal Ecology and Environment Bureau issued the \"Notice from the Shanghai Municipal Ecology and Environment Bureau on the Issuance of the Revised Version\" (Hu Huan Gui No. 1). This document came into effect on January 28, 2023, and is valid for a period of five years. The Notice issued on September 22, 2020, by the Shanghai Ecology and Environment Bureau regarding the standardization of adjustments and changes to environmental impact assessments for construction projects in the city (Hu Huan Gui No. 5) is hereby repealed simultaneously. ▲In the “Notice”, the implementation period for the previously stipulated adjustments and changes regarding the environmental impact assessment of construction projects has been changed from “after the approval of the environmental impact assessment documents for construction projects” to “from the approval of the environmental impact assessment documents until the completion of the final environmental protection acceptance inspection”. Changes occur during the construction of a project that are not in line with the environmental impact assessment; depending on the stage at which the project is located, there are mainly the following situations: The project is in the construction or commissioning phase and has not yet completed the environmental compliance inspection. At this stage, it is necessary to determine whether the project constitutes a significant change in accordance with the \"Notice issued by the Shanghai Ecology and Environment Bureau regarding the revised regulations\" (Hu Huan Gui [2023] No. 1). 01 For construction projects in specific industries, refer to the list of major changes applicable to each industry based on its category:
List of major changes for construction projects in specific industries
No. Name Document No. Effective Date
1 List of major changes for 9 construction projects in hydropower, water conservancy, thermal power, coal, oil and gas pipelines, railways, expressways, ports, petroleum refining, and petrochemical industries. Circular No. 52, 2015.06.04
2 List of major changes for 14 construction projects in pulp and paper, pharmaceuticals, pesticides, fertilizers (nitrogen-based), textile dyeing and printing, leather processing, sugar production, electroplating, steelmaking, coking chemistry, flat glass manufacturing, cement production, copper-lead-zinc smelting, and aluminum smelting. Circular No. 6 on Environmental Impact Assessment, 2018.01.29
3 List of major changes for 5 construction projects in starch production, water treatment, fertilizer manufacturing, magnesium-titanium smelting, and nickel-cobalt-tin-antimony-mercury smelting. Circular Letter No. 934 on Environmental Impact Assessment, 2019.12.23
4 List of major changes for power transmission and transformation construction projects. Circular No. 84 on Radiation Safety, 2016.08.08
5 List of major changes for uranium mining and metallurgy construction projects. Circular Letter No. 717 on Radiation Safety, 2020.12.23

02 For construction projects in general industries that may cause pollution, the key point to consider is whether the changes involve one or more of the following five factors: the nature of the project, its scale, location, production process, or environmental protection measures ； Nature: Changes in development and usage functions, etc. Scale: Increased production, disposal, or storage capacity ； Increases in pollutant emissions, etc.; Location: Changes in the site where the project is constructed, etc.; Production processes: Introduction of new products, changes in production processes, major raw materials and auxiliary materials, fuels, etc.; Environmental protection measures: Changes in measures for controlling waste gas and wastewater pollution, etc. Point 2: Determine whether the extent of the changes constitutes a “significant” change, by referring to the applicable “List of Significant Changes for Pollution-Affected Construction Projects (Trial)” (Document No. Huanban Huiping Han 688). 03 For construction projects related to ecological impacts, nuclear and radiation-related activities (nuclear technology applications, broadcasting), refer to the following list of significant changes: List of Significant Changes for Construction Projects Related to Ecological Impacts and Nuclear/Radiation Activities. Serial Number, Category Name, Document Number, Implementation Date: 1. Ecological impacts: Notice from the Shanghai Ecology and Environment Bureau regarding the issuance of the revised version of the “Notice on Standardizing Adjustments and Changes to Environmental Impact Assessments for Construction Projects in this City”; Attachment 1, Hu Huan Gui No. 1, January 28, 2023. 2. Nuclear and radiation-related activities: Notice from the Shanghai Ecology and Environment Bureau regarding the issuance of the revised version of the “Notice on Standardizing Adjustments and Changes to Environmental Impact Assessments for Construction Projects in this City”; Attachment 2, Hu Huan Gui No. 1, January 28, 2023. 04 List of significant changes for pollution-affected, ecological-impact, and nuclear/radiation-related (nuclear technology applications, broadcasting, power transmission and distribution) construction projects. Principles for determining significant changes: Changes occur when there are alterations in the development or usage functions of the construction project. Scale 1: An increase of 30% or more in production, disposal, or storage capacity. 2. An increase in production, disposal, or storage capacity that leads to an increase in the discharge of Category 1 pollutants in wastewater. 3. An increase in the production, disposal, or storage capacity of construction projects located in areas where environmental quality standards are not met, resulting in an increase in emissions of corresponding pollutants (in areas where fine particulate matter levels are not up to standard, the corresponding pollutants are sulfur dioxide, nitrogen oxides, inhalable particulates, and volatile organic compounds) ； In areas where ozone levels do not meet the standards, the corresponding pollutants are nitrogen oxides and volatile organic compounds ； In areas where other atmospheric and water pollutant levels are below the standard, the corresponding pollutants are those that exceed the specified limits ； Construction projects located in the compliant area experience an increase in their production, disposal, or storage capacity, resulting in a 10% or greater increase in pollutant emissions. Location 1: Relocate. 2. Adjustments near the original site (including changes in the overall layout) that result in changes to the environmental protection distance range and the emergence of new sensitive sites. Production process 1. The introduction of new product varieties or production processes (including main production units, equipment, and supporting facilities), as well as changes in major raw materials, auxiliary materials, and fuels, results in one of the following situations: (1) The introduction of new types of pollutants emitted (except for those with reduced toxicity or volatility) ； (2) An increase in the emissions of relevant pollutants from construction projects located in areas where environmental quality fails to meet standards ； (3) Increase in the discharge of Category 1 pollutants in wastewater ； (4) An increase of 10% or more in the emissions of other pollutants. 2. Changes in the methods of material transportation, loading/unloading, and storage that result in an increase of 10% or more in the amount of airborne pollutants emitted in an unorganized manner. Environmental protection measures: 1. Changes in the measures for preventing and controlling waste gas and wastewater pollution, resulting in one of the situations listed in item 1 under the production process (except when the uncontrolled emission of waste gas is converted to controlled emission, or when the pollution prevention measures are strengthened or improved), or an increase of 10% or more in the amount of uncontrolled emissions of air pollutants. 2. Add new direct wastewater discharge outlet ； Wastewater discharge has been changed from indirect to direct ； Changes in the location of direct wastewater discharge outlets have led to an increase in adverse environmental impacts. 3. Addition of new main exhaust gas emission points (except where unorganized exhaust gas emissions are converted to organized emissions) ； The height of the exhaust stack at the main emission point is reduced by 10% or more. 4. Changes in measures to prevent and control noise, soil, or groundwater pollution that lead to an exacerbation of adverse environmental impacts. 5. The method of utilization and disposal of solid waste is changed from entrusting external entities for utilization and disposal to carrying out such utilization and disposal by oneself (except in cases where an environmental impact assessment is conducted separately for the self-operated utilization and disposal facilities) ； Changes in the methods of self-disposal of solid waste have led to an exacerbation of adverse environmental impacts. 6. Changes in the temporary storage capacity for accident wastewater or in the interception facilities, resulting in a weakened or reduced ability to prevent environmental risks. List of major changes in construction projects (ecological impact category). Principles and nature: There are changes in the main functions or construction nature of the project. Scale 1: The length of the main line increases by 30% or more. 2. Design and operational capabilities increase by 30% or more. 3. The total land area (including land and water areas, etc.) increases by 30% or more. Location 1. The project’s relocation site or construction location has changed. 2. Changes in the overall layout of the project or its main installations and facilities result in a significant increase in adverse environmental impacts. 3. The cumulative length where the lateral displacement of the alignment exceeds 200 meters reaches 30% or more of the original alignment length; or adjustments to the alignment result in an increase of vibration-sensitive or environmentally sensitive targets by 30% or more compared to the original number. 4. Adjustments in location or pipelines result in the emergence of new environmentally sensitive areas such as nature reserves, scenic spots, and first- and second-class drinking water source protection zones within the assessment area; or changes in the location or pipelines within existing environmentally sensitive areas lead to adverse environmental impacts or a significant increase in environmental risks. Changes in construction methods and operation plans have led to a significant increase in adverse environmental impacts on environmentally sensitive areas such as nature reserves, scenic spots, and first- and second-class drinking water source protection areas. Adjustments to the main ecological protection measures and environmental pollution control measures during the construction or operation phase of environmental protection initiatives result in a significant increase in adverse ecological and environmental impacts, or changes in such measures lead to a significant rise in environmental risks. List of Major Changes in Construction Projects (Nuclear and Radiation-related) – Principles for Content: For projects involving the use of nuclear technology, 1. Substantial changes refer to alterations in the types and scope of activities for which a Radiation Safety License is required under environmental impact assessment procedures (expansion or upgrading). 2. Changes in the types of radioactive isotopes and parameters of radiation devices lead to changes in environmental impact factors, thereby increasing adverse environmental impacts. 3. Change in the location of the place of use (excluding changes in the location of self-shielding radiation devices within their original place of use) or addition of a new place of use. 4. Increases in adverse environmental impacts resulting from changes in radiation safety protection facilities or process flows. For broadcasting projects: 1. Substantive changes: The transmission band of the project changes, as well as the direction and polarization of the electromagnetic waves. 2. The equivalent radiated power increases by 30% or more. 3. The position of the radiation source in the project has changed. Power transmission and distribution projects 1. Increase in voltage level. 2. The total number of major equipment such as main transformers, converter transformers, and high-voltage reactors has increased by more than 30% compared to the original amount. 3. The length of the transmission line route increases by more than 30% compared to the original route length. 4. The site displacement of substations, converter stations, switchyard stations, and series compensation stations exceeds 500 meters. 5. The cumulative length of lateral displacements of the transmission line exceeding 500 meters is more than 30% of the original path length. 6. Changes in the route and site location of power transmission and distribution projects result in entry into new ecologically sensitive areas such as nature reserves, scenic spots, and drinking water source protection areas. 7. Due to changes in the route and site location of power transmission and distribution projects, the number of new electromagnetic and acoustic environment sensitive sites has increased by more than 30% compared to the original amount. 8. The substation has been changed from an indoor layout to an outdoor layout. 9. The power transmission route was changed from underground cables to overhead lines. 10. The practice of erecting multiple circuits on the same tower for transmission lines has been changed to erecting multiple separate lines; the total length of these lines exceeds 30% of the original route length. Judgment result: 01 If it falls under the major changes listed above, environmental impact assessment procedures need to be carried out again. 02 If it does not constitute a significant change, then it is necessary to prepare an \"Environmental Impact Analysis Statement for Non-Significant Changes in Construction Projects\" in accordance with Annex 3 of Document Hu Huan Gui [2023] No. 1, and such statement must be made public. Once the project has completed the environmental impact assessment upon completion, if the changes involve one or more items listed in the \"List of Major Changes\", and according to the provisions of the \"Detailed Rules for the Implementation in Shanghai of the Catalogue for Classified Management of Environmental Impact Assessments for Construction Projects (2021 edition)\\" (Hu Huan Gui No. 11), such projects are not exempt from undergoing environmental impact assessments; therefore, regardless of the extent of the changes, an additional environmental impact assessment must be submitted.