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          Ministry of Environmental Protection: A Notice about the Linkage between Environmental Impact Assessment System and the Pollutant Permit System
          Time:2018-03-20 Source:
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          Environmental protection agencies (bureaus) of provinces, autonomous regions, and municipalities directly under the Central Government, and Environmental Protection Bureau of Xinjiang Production and Construction Corps:

          To implement the “Circular of the General Office of the State Council on Controlling the Permit for Pollutant Release” (Guobanfa [2016] No. 81) and the "Circular of the Ministry of Environmental Protection on distributing the ‘Thirteenth Five-Year Plan’ for the Environmental Impact Assessment Reform Implementation Plan” (Circular EIA [2016] No. 95) and to promote the improvement of environmental quality, we hereby notify you of the work on the linkage between the environmental impact assessment system for construction projects and the permit system for pollutant release.

          Firstly, the environmental impact assessment system is an environmental limitation for construction projects and is the precondition and important basis for the application of pollutant release permit. The release permit system is the legal basis for the discharge of pollutants during the production and operation period of enterprises and institutions and is also an important guarantee for ensuring the implementation of the pollution prevention facilities and measures which proposed by the environmental impact assessment. Environmental protection departments must integrate the two systems. In the management of environmental impact assessment, it must constantly improve the management content, promote the environmental impact assessment more scientifically, and strictly control the pollutant discharge requirements. In the discharge permit management, it must issue the discharge permit according to the environmental impact report (form) and the approval documents, moreover, maintain the effectiveness of the environmental impact assessment.

          Secondly, it should be done well that link the “Classification Management List for Environmental Impact Assessment of the Construction Project” and the “Classification Management List of Pollutant Discharge Permits for Stationary Pollution Sources". According to the impact of construction projects on the environment and the amount of pollutants generated and discharged, manage them with unified classification. If a construction project incorporated into the management of pollutant discharge permits may cause significant environmental impact which need to prepare an environmental impact report, in principle, should implement key management of emission permits. If it is likely to cause mild environmental impacts which need to prepare an environmental impact form should implement the simplified management of the pollutant discharge permit in principle.

          Thirdly, the environmental impact assessment approval department must do their job well in the review of the environmental impact report (construction) of the construction project. According to the discharge permit application and the issuance of technical specifications, verify the basic information of the construction project's production and discharge links, types of pollutants, and facilities and measures of pollution control. According to the national or local pollutant discharge standards, environmental quality standards and total control requirements as well as other management regulations, and in accordance with technical documents such as the pollution source accounting technical guideline and the guidelines for environmental impact assessment elements, strictly approve the main contents related to the discharge of pollutants, such as the number and location of discharge outlets, the types of pollutants in each discharge outlet, allowable emission concentrations and allowable quantities, discharge methods, discharge destinations, and self-monitoring plans.

          Fourthly, the environmental impact reports (forms) and approval documents of the projects constructed in stages should specify the construction contents of each phases, as well as the number and location of the discharge ports, the types of pollutants at each discharge port, allowable emission concentrations, allowable quantities, discharge methods, emission destinations, self-monitoring plans, etc. after implementation in phases, which the construction company should in accordance with this phases to apply for a pollutant discharge permit. The sum of the allowable emissions in phases should not exceed the total allowable emissions of the construction project.

          Fifthly, for the environmental impact assessment of the reconstruction and expansion project, the implementation of the discharge permit should be regarded as the main basis for the review and evaluation of the existing project. Existing projects should apply for and obtain emission permits on time according to the relevant laws, regulations, and regulations regarding the scope and steps of the discharge permit, as well as, submit the relevant discharge permit execution report according to law when applying for the expansion project environmental impact report (forms).

          Sixthly, before the pollutant discharge occurs in a construction project, the pollutant discharge company should apply for a discharge permit according to the relevant national laws and regulations concerning environmental protection, as well as the requirements for the application and issuance of the emission permit. It is prohibited that discharge without permit license or discharge differed from the permit license. The main content related to the discharge of pollutants in the environmental impact report (forms) and approval documents of the construction projects of which the environmental impact report (forms) approved after January 1, 2015 (inclusive) should be included in the emission permit. If the construction project is unlicensed or does not discharge pollutants in accordance with the permit, the construction company may not issue an acceptable opinion of the project. The main content related to the discharge of pollutants in the acceptance report should be included in the annual report for the implementation of the emission permit. The discharge permit execution report, the records, and the self-monitoring implementation should be used as an important basis for carrying out the environmental impact assessment of the construction project.

          Seventhly, the country will formulate a list of major changes in construction projects by industry. After the environmental impact report (forms) of construction project's is approved, when the character, scale, location, production technology, or measures to prevent and control pollution and prevent ecological damage of the construction project have changed a lot, the construction company should re-approve the environmental impact assessment documents according to law and submit the re-approval environmental assessment (document number) when applying for a pollutant discharge permit. The pollutant discharge permit of the construction projects that have changed but not too much and were approved the environmental impact report (forms) after January 1, 2015 (inclusive) should be issued according to the pollutant discharge standards, total control requirements, environmental impact reports (forms), and approval documents. Other construction projects shall be issued by the discharge permit issuing department according to the pollution discharge permit application and issuance technical specification requirements.

          Eighthly, if construction projects involve "developing large units and suppressing small ones" or "area (total) replacement" and other measures, the environmental impact assessment and approval department should examine the source of total indicators. The replaced or shut down company that should obtain a permit for discharge according to regulations need to clear the code of the pollutant discharge permit and the replacement amount of pollutants. The discharge permit issuing department should change or cancel the discharge permit of the enterprise that has been replaced or shut down in accordance with the requirements of the environmental impact report (form) approval document. Enterprises which should obtain the permit for discharge but has not obtained it should not calculate its replacement amount of pollutants.

          Ninthly, the Ministry of Environmental Protection is responsible for the establishing of construction project EIA approval information declaration system, and fully integrate with the national pollution permit management information system. When the construction companies apply for the environmental impact report (form) of the construction project, they should land on the project's environmental assessment report application system, and be responsible for the authenticity, accuracy and completeness of the information.

          Tenthly, this notice will be implemented from the date of issue. Doing well for linking the environmental impact assessment system with the permit system is an important guarantee for the implementation of the whole process of stationary pollution source construction projects. All levels of environmental protection authorities must strictly implement the relevant work. For the difficulties and problems encountered in the implementation, please report to our Ministry.

          Ministry of Environmental Protection General Office

          November 14, 2017

          Issued by the Ministry of Environmental Protection General Office on November 15, 2017