Regulations on the Administration of Construction Project Environmental Protection (2017 Amendment)

Regulations on the Administration of Construction Project Environmental Protection (2017 Amendment) Regulations on the Administration of Construction Project Environmental Protection (Issued via Order No. 253 of the State Council of the People's Republic of China on November 29, 1998; Revised in accordance with the Decision of the State Council on Amending the Regulation on the Administration of Construction Project Environmental Protection on July 16, 2017.) Chapter I General Provisions Article 1 These Regulations are formulated with a view to preventing construction projects from generating new pollution and damaging the ecological environment. Article 2 These Regulations shall be applicable to building of construction projects having impacts on the environment within the territory of the People's Republic of China and other territorial sea areas under the jurisdiction of the People's Republic of China. Article 3 State standards and local standards for the discharge of pollutants must be complied with in building construction projects that generate pollution; requirements for aggregate control of discharge of major pollutants must be met in areas under aggregate control of discharge of major pollutants. Article 4 Industrial construction projects should adopt clean production techniques with low energy consumption, low materials consumption and low pollutants generation, rationally exploit natural resources to prevent environmental pollution and ecological damage. Article 5 Measures must be taken in reconstruction, expansion projects and technological transformation projects to treat original environmental pollution and ecological damage related to the said projects. Chapter II Environmental Impact Evaluation Article 6 The state practices the construction project environmental impact evaluation system. Article 7 The state practices classified control over construction project environmental protection in accordance with the extent of environmental impact of construction projects in pursuance of the following provisions: (1)a report on environmental impact should be compiled for a construction project that may cause major impact on the environment, giving comprehensive and detailed evaluation of the pollution generated and environmental impact caused by the construction project; (2)a statement on environmental impact should be compiled for a construction project that may cause light impact on the environment, giving analysis or special-purpose evaluation of the pollution generated and environmental impact caused by the construction project; and (3)a registration form should be filled out and submitted for a construction project that has slight impact on the environment and necessitates no environmental impact evaluation. The catalogue for the categorized management of environmental impact assessment of construction projects shall be developed and published by the environmental protection administrative department of the State Council on the basis of organizing experts to conduct demonstration and soliciting opinions of the relevant departments, industry associations, enterprises and public institutions and the public. Article 8 The report on construction project environmental impact should contain the following contents: (1)an overview of the construction project; (2)current state of environment surrounding the construction project; (3)analysis and predictions of impacts which may be caused by the construction project on the environment; (4)measures for environmental protection and their financial and technical authentication; (5)environmental impact economic loss-benefit analysis; (6)proposals for environment monitoring of the construction project; and (7)conclusions of the environmental impact evaluation. Contents and formats of the construction project environmental impact statement and environmental impact registration form shall be prescribed by the competent department of environmental protection under the State Council. Article 9 As to a construction project, for which the environmental impact report or the environmental impact statement is required to be prepared in accordance with the law, the project owner shall, before the commencement of construction, submit the environmental impact report or the environmental impact statement to the environmental protection administrative department with the approval authority for approval. If the environmental impact assessment documents of the construction project have not been examined or approved upon examination by the approval authority in accordance with the law, the project owner shall not commence the construction. When examining the environmental impact report or the environmental impact statement, the environmental protection administrative department shall focus on the examination of environmental feasibility of the construction project, the reliability of environmental impact analysis, forecast and assessment, the effectiveness of environmental protection measures and the scientificity of environmental impact assessment conclusions, and make the approval decision and notify the project owner of the decision in writing within 60 days of receipt of the environmental impact report or within 30 days of receipt of the environmental impact statement respectively. The environmental protection administrative department may organize the relevant technical institution to conduct technical assessment of the construction project environmental impact report or the construction project environmental impact statement, and assume the relevant expenses. The technical institution shall be responsible for the technical assessment opinion offered by it, and shall not collect any fee from the project owner and the entity conducting environmental impact assessment. As to a construction project, for which the environmental impact registration form shall be completed and reported in accordance with the law, the project owner shall, according to the provisions of the environmental protection administrative department of the State Council, submit the environmental impact registration form to the environmental protection administrative department at the county level at the place where the construction project is located for recordation. The environmental protection administrative department shall conduct the online approval and recordation of the environmental impa......