Implementation Opinions on Strengthening the Linkage of Planning Environmental Impact Assessment and Assessing Environmental Impact of Construction Projects (for Trial Implementation)

english.shanghai.gov.cn| September 23, 2024

（June 3,2019）

SMPG D〔2019〕No.24

With a view to optimizing the business environment, giving full play to the macro-guidance function of the planning environmental impact assessment (hereinafter referred to as the "Planning EIA"), increasing the approval efficiency of the environmental impact assessment for construction projects (hereinafter referred to as the "Project EIA"), changing the management mode, and promoting the quality and efficiency of the project environmental impact assessment, these Implementation Opinions are formulated in accordance with the relevant provisions of the Environmental Impact Assessment Law of the People's Republic of China, Regulations on Planning Environmental Impact Assessment, Implementation Opinions on Reform of Environmental Impact Assessment System in This Municipality, and in the light of the actual circumstances of this Municipality.

I. Areas of implementing linkage

The areas where the linkage of Planning EIA and Project EIA is implemented shall meet the following requirements:

1. having completed and passed the regional planning EIA and passed the review;

2. having effectively implemented the conclusions and reviewing opinions of planning EIA; and

3. not included in the regional restriction range by the competent department of ecology and environment.

The list of specific areas implementing the linkage of planning EIA and project EIA shall be released by the Municipal Bureau of Ecology and Environment in due course in accordance with the principle of "pushing out the list right after it is mature".

II. Specific measures for the linkage between Planning EIA and Project EIA

1. Exemption from environmental impact assessment procedures

Municipal infrastructure construction projects and standard plant projects that are not included in the Directory of Key Industries under the Classified Management of Environmental Impact Assessment for Construction Projects in Shanghai Municipality and not involved in the environmentally sensitive areas specified in Article 3 of the Directory of Classified Management of Environmental Impact Assessment for Construction Projects are exempted from the procedure of environmental impact assessment. Development units shall comply with the national and municipal environmental protection laws, regulations, standards and relevant technical specifications during the construction and operation of the project, and ensure the discharge of pollutants up to the standards.

Specific project categories include: urban natural gas supply projects; water supply works; urban household waste transfer stations; sewage pumping station;110kV, 220kV power transmission and transformation project (excluding overhead line). Gas stations, filling stations and charging stations; public transit hub, large parking lots, long-distance passenger stations; urban roads and Bridges; flood control and water logging control projects; standard plant construction.

2. Simplify the form of environmental impact assessment

3. Implement the notification commitment management

For construction projects that have not been included in the Directory of Key Industries under Classified Management of Environmental Impact Assessment for Construction Projects in Shanghai Municipality, and were originally required to compile an environmental impact report, the notification commitment mechanism may be implemented. Development units willing to notify commitment in accordance with the relevant provisions of this Municipality on commitment notification in line with administrative examination and approval shall go through the formalities in accordance with the relevant provisions of environmental impact assessment documents of this Municipality on the said notification of commitment.

4. Simplify the content of project EIA and the sharing of environmental data

Where there is no need to assess the status of regional environmental quality in the EIA documents of construction projects (except for specific pollution factors not included in the planning EIA) environmental data may be shared in project EIA with planning EIA, and monitoring data in planning EIA may be used for specific construction project assessment.

5. Improve public participation

The optimized contents of public participation shall be implemented in accordance with the relevant provisions on public participation in environmental impact assessment for construction projects in this Municipality.

III. Safeguard measures

In order to promote the linkage of Planning EIA and Project EIA with high quality, relevant departments shall coordinate in the following work:

1. All district people’s governments shall take measures to promote the work of regional planning EIA.

2. Administrative authorities of industrial parks shall strengthen their main responsibilities, organize and carry out the compilation of the planning EIA in accordance with the relevant provisions of the State and this Municipality, actively implement the conclusions and main opinions of the planning EIA, and promote the implementation of the results of the planning environmental impact assessment.

3. Competent ecological and environmental departments at all levels should strengthen supervision during and after work, strengthen information disclosure, public supervision and other means, and build a comprehensive supervision system with the participation of the government, enterprises and the public.

IV. Linkage of special EIA planning in industries

For concrete construction projects included in the special planning of environmental impact assessment in industry that are required to compile the planning EIA and have passed the review, the environmental impact assessment may refer to these Implementation Opinions for linkage.

V. Implementation date

These Opinions shall be effective as of July 1, 2019 and remain valid until June 30, 2021.