Notice on Strengthening Environmental Impact Assessment Management with a Focus on Improving Environmental Quality

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Notice on Strengthening Environmental Impact Assessment Management with a Focus on Improving Environmental Quality
Environmental Protection Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Environmental Protection Bureau of the Xinjiang Production and Construction Corps:

In order to meet the requirements of environmental management that prioritize the improvement of environmental quality, to effectively strengthen the management of environmental impact assessments (hereinafter referred to as EIA), and to implement the constraints set by the “ecological protection red lines, environmental quality bottom lines, resource utilization upper limits, and negative lists for environmental access” (hereinafter referred to as the “three lines and one list”), it is necessary to establish a mechanism that links project EIA approvals with planning-related EIA assessments, environmental management of existing projects, and regional environmental quality monitoring (hereinafter referred to as the “three-link mechanism”). This will enable the EIA system to play a better role in preventing environmental pollution and ecological damage at the source, thereby accelerating efforts to improve environmental quality. The relevant matters are hereby notified as follows:

1. Strengthening the regulatory role of the “three lines and one list”
(a) Ecological protection red lines refer to areas within ecological spaces that possess particularly important ecological functions and therefore require strict, mandatory protection. Relevant planning environmental impact assessments should include the management of ecological spaces as an important aspect. Where the planned area falls within ecological protection boundaries, the management requirements for such boundaries must be addressed in the conclusions and review opinions of the planning environmental impact assessment, with corresponding countermeasures proposed. Except for important infrastructure projects such as railways, highways, waterways, flood control systems, pipelines, main canals, communication networks, and power transmission and distribution systems that are constrained by natural conditions and for which avoidance is truly impossible, all types of development and construction activities are strictly controlled within the ecological protection red zones; environmental impact assessment documents for new industrial projects and mineral exploitation projects are not approved in accordance with the law. 　　(II) The environmental quality baseline refers to the environmental quality targets for air, water, and soil set at the **local level, and it also serves as the benchmark for improving environmental quality. Planning environmental impact assessments should meet the requirements for managing regional environmental quality targets, by proposing recommendations for controlling the total amount of pollutants emitted in a region or industry, as well as strategies to optimize the development layout, structure, and scale of such regions or industries. The environmental impact assessment for a project should be conducted in line with regional environmental quality objectives, by thoroughly analyzing and predicting the impact of the project’s construction on environmental quality, as well as by strengthening pollution prevention measures and requirements for pollutant emission control. 　　(III) Resources are the carriers of the environment, and the limits on resource utilization represent the \"ceilings\" that cannot be exceeded for the consumption of energy, water, land, and other resources in various regions. The environmental impact assessment related to such plans should be based on relevant resource utilization guidelines. It should address the resource development and utilization associated with the implementation of the plans as well as the projects included within them, distinguishing between different industries. Recommendations should be made in terms of equivalent or reduced substitution for energy and resources, control over extraction methods and scales, utilization efficiency, and protective measures, thereby providing an important basis for planning formulation and decision-making processes. 　　(IV) The negative list for environmental access specifies the differentiated environmental access conditions and requirements, such as prohibitions and restrictions, which are outlined in a list based on the ecological protection red lines, the minimum standards for environmental quality, and the upper limits for resource utilization. On the basis of piloting the list-based management system for environmental impact assessment, it is necessary to start from aspects such as site selection, resource utilization efficiency, and methods of resource allocation in order to establish a negative list for environmental access, thereby fully leveraging the guiding and restrictive role of this negative list in industrial development and project approval. 　　II. Establish a “three-linkage” mechanism 　　(5) Strengthen the coordination between planning environmental impact assessments and environmental impact assessments for construction projects. Planning environmental impact assessments should explore list-based management, clearly specify the control requirements related to the \"three lines and one list\" in the conclusions and review opinions, and promote the inclusion of these control requirements in the plans. The planning environmental impact assessment should serve as an important basis for the environmental impact assessments of the projects included in the plan; environmental impact assessments for projects that do not conform to the conclusions and review opinions of the planning environmental impact assessment shall not be approved in accordance with the law. The environmental impact assessment content for the projects included in the plan should be simplified based on the conclusions of the plan’s environmental impact assessment and the review comments. 　　(VI) Establish a linkage mechanism between project EIA approval and the environmental management of existing projects. In areas where existing projects of the same type cause severe environmental pollution or ecological damage, and where there are frequent violations of environmental regulations, resulting in an environmental capacity that is near or exceeds its carrying limit, the approval of environmental impact assessment documents for new projects of such industries in those areas shall be suspended in accordance with the law until the existing problems are resolved. For renovation, expansion, and technical upgrading projects, it is necessary to conduct a comprehensive review of the environmental protection measures and their effectiveness in the existing facilities ； If existing projects have already caused significant environmental problems, effective remediation plans and measures to upgrade older facilities with newer ones should be proposed. 　　(7) Establish a linkage mechanism between project EIA approval and regional environmental quality. For areas where the current environmental quality exceeds the specified standards, and where the measures proposed for such areas are insufficient to meet the management requirements for improving regional environmental quality, their environmental impact assessment documents will not be approved in accordance with the law. For areas that fail to meet the requirements set for environmental quality targets, with the exception of projects related to people’s livelihoods and energy conservation and emission reduction, the approval process for environmental impact assessment documents for new projects that would generate such key pollutants in those areas is suspended in accordance with the law. New projects such as non-ferrous metal smelting, petroleum processing, chemical manufacturing, coking, electroplating, and leather processing are strictly restricted from being established in areas where arable land designated for priority protection is concentrated. 　　III. Take multiple measures to clean up and investigate environmental protection violations 　　(8) Provincial environmental protection departments should implement the requirements of the “three batches” (phasing out and closing a batch, rectifying and standardizing a batch, and improving the record-keeping for another batch), and step up efforts to address projects that were constructed without prior approval. Regular inspections and checks should be carried out to ensure that all cleanup work is completed by December 31, 2016. Starting from January 1, 2017, projects that were constructed without prior approval must be subject to strict penalties in accordance with the law. For projects that have been delayed for too long without any action taken, measures should be developed to address them; those that cause serious environmental pollution or ecological damage must be investigated and dealt with in accordance with the law ； Those who refuse to comply shall be subject to \"daily fines\" in accordance with the law. 　　IV. Taking a three-pronged approach to effectively safeguard the environmental rights of the public (IX) Implement strict management throughout the entire process of construction projects. Strengthen ongoing and completed key projects’ supervision during and after construction, strictly investigate and correct illegal and irregular practices in construction projects in accordance with the law, and urge project owners to earnestly implement the environmental protection \"three simultaneities\" system. Information on environmental protection supervision and management as well as penalties related to construction projects should be made public in a timely manner. The enforcement mechanisms against enterprises that seriously violate environmental protection regulations should be strengthened, and systems for maintaining records of construction entities’ environmental compliance and a blacklist system should be established. 　　(10) Deepen information disclosure and public participation. Urge local **and relevant departments to disclose information such as relevant plans and project site selections in accordance with the law, and to fully consider public opinions during the preliminary stages of projects. Urge the construction entity to earnestly fulfill its primary responsibility for information disclosure, to publicly release information related to the environmental impact assessment and project acceptance in a complete and objective manner, to carry out public participation in accordance with the law, and to establish mechanisms for collecting, considering, and responding to public opinions. If the project developer fails to solicit public opinions in accordance with the law during the environmental impact assessment of the project, or fails to provide an explanation regarding how those opinions were addressed, the developer shall be ordered to make corrections. 　　(11) Strengthen popular science outreach on environmental protection in construction projects. Encourage local **relevant departments and project contractors to innovate their outreach methods, so that knowledge regarding environmental protection in construction projects can reach schools, communities, and households. Construction units are encouraged to adopt an approach of \"bringing in experts and sending personnel out\" so that the general public can experience firsthand successful examples of environmental protection in construction projects, thereby fostering greater understanding and trust. In the face of environmental incidents related to construction projects in this region, it is necessary to work together with relevant departments to speak out proactively and respond promptly to public concerns. 　　Strengthening environmental impact assessment management with the focus on improving environmental quality is an important measure to deepen the reform of the environmental impact assessment system, and it will remain a key task in this field for a considerable period to come. Environmental protection departments at all levels must raise their awareness, attach great importance to this task, strengthen leadership, clarify responsibilities, enhance capacity building, ensure proper implementation, innovate management approaches and methods, and continuously push environmental impact assessment work to new levels. 　　Ministry of Environmental Protection October 26, 2016