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A few days ago, the Jiangsu Provincial Department of Ecology and Environment issued a notice on further improving the environmental assessment and approval of construction projects.
In any of the following circumstances, approval shall not be granted:
In any of the following circumstances, approval shall not be granted:1.
In any of the following circumstances, approval shall not be granted:
do not comply with environmental protection laws and regulations and relevant statutory plans;
——"Construction Project Environmental Protection Management Regulations"
do not comply with environmental protection laws and regulations and relevant statutory plans;
do not comply with environmental protection laws and regulations and relevant statutory plans;
——"Construction Project Environmental Protection Management Regulations"
Strictly control the newly-built non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, tanning and other industries in areas where the priority protection of cultivated land is concentrated, and the relevant environmental protection authorities will not approve the environmental impact of construction projects that may cause soil pollution in cultivated land.
Report or report form.
——"Agricultural Land Soil Environmental Management Measures (for Trial Implementation)" (Order No.
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the environmental impact assessment and approval of construction projects.
Strictly control the newly-built non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, tanning and other industries in areas where the priority protection of cultivated land is concentrated, and the relevant environmental protection authorities will not approve the environmental impact of construction projects that may cause soil pollution in cultivated land.
Report or report form.
——"Agricultural Land Soil Environmental Management Measures (for Trial Implementation)" (Order No.
46 of the Ministry of Agriculture of the Ministry of Environmental Protection)
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the environmental impact assessment and approval of construction projects.
Construction projects that discharge major pollutants must obtain the total major pollutant discharge indicators before the environmental impact assessment documents are approved.
3.
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the approval of the environmental impact assessment of construction projects.
Construction projects that emit major pollutants must obtain the total major pollutant discharge indicators before the environmental impact assessment documents are approved.
——"Notice on Issuance" (Huanfa [2014] No.
197) 4.
(1) Planning environmental impact assessment should be used as an important basis for the environmental impact assessment of the projects included in the plan.
For projects that do not conform to the planning environmental assessment conclusions and review opinions, the environmental impact assessment of the project shall not be in accordance with the law.
To be approved.
(2) For existing projects of the same type with serious environmental pollution or ecological damage, and frequent occurrences of environmental violations, resulting in environmental capacity approaching or exceeding the carrying capacity, the approval of projects in similar industries in the area shall be suspended according to law until the existing problems are rectified.
Environmental assessment documents.
(3) For areas where the environmental quality status exceeds the standard, if the measures to be taken by the project cannot meet the management requirements of the regional environmental quality improvement objectives, the environmental impact assessment documents shall not be approved according to law.
For areas that fail to meet the assessment requirements of the environmental quality objectives, except for people's livelihood projects and energy-saving emission reduction projects, the approval of the environmental impact assessment documents of new projects that emit corresponding key pollutants in the area will be suspended in accordance with the law.
Except for important infrastructure projects such as railways, highways, waterways, flood control, pipelines, main canals, communications, power transmission and transformation, which are restricted by natural conditions and are indeed unavoidable, all types of development and construction activities shall be strictly controlled within the scope of the ecological protection red line.
EIA documents for new industrial projects and mineral development projects will not be approved.
——"Notice on Strengthening the Management of Environmental Impact Assessment with Improving Environmental Quality as the Core" (Environmental Assessment [2016] No.
150) 5.
It is strictly forbidden to build new chemical parks and chemical enterprises within 1 km of the shoreline of the mainstream of the Yangtze River and its main tributaries.
Strict environmental review and approval of chemical projects, and raise the entry threshold.
In principle, the investment amount of new chemical projects shall not be less than 1 billion yuan, and the three types of intermediate projects shall not be newly built, rebuilt or expanded.
—— "Implementation Opinions on Comprehensively Strengthening Ecological Environmental Protection and Resolutely Fighting Pollution Prevention and Control" (Su Fa [2018] No.
24) 6.
New coal-fired self-supplied power plants are prohibited.
Implement the "Environmental Access and Emission Standards for the Chemical, Steel, Coal, and Power Industry of Jiangsu Province" in key areas.
All coal-fired power plants will implement ultra-low emissions by the end of 2019.
——"Implementation Opinions on Accelerating the Transformation and Upgrading of the Province's Chemical, Steel, Coal and Power Industries with High-quality Development" (Su Banfa [2018] No.
32)7.
It is forbidden to construct, produce and use solvent-based coatings, inks, adhesives and other projects with high VOCs content.
——"Jiangsu Province's Three-Year Action Plan for Winning the Blue Sky Defense" (Su Zhengfa [2018] No.
122) 8.
No new chemical parks will be approved, and no chemical companies outside the chemical parks will be approved (except for key chemical monitoring points and Improve safety, environmental protection, energy-saving levels, oil quality upgrades, and reconstruction and expansion projects other than structural adjustments), and will not approve new reconstruction and expansion chemical projects with imperfect environmental infrastructure in the chemical park or companies that cannot operate stably for a long time.
Newly built (including relocation) chemical projects must enter the chemical parks that have completed the planning and environmental assessment review in accordance with the law.
It is strictly forbidden to build hazardous chemical terminals within 1 km of the shoreline of the main stream of the Yangtze River and its main tributaries.
——"Provincial Government's Implementation Opinions on Further Promoting the Transformation and Development of the Chemical Industry in the Province" (Su Zhengfa [2016] No.
128) 9.
In principle, the ecological protection red line shall be managed in accordance with the requirements of the prohibited development area, and all items that do not meet the main functional positioning are strictly prohibited.
Such development activities are strictly prohibited to change the use arbitrarily.
—— "Notice of the Provincial Government on Printing and Distributing the National Red Line Plan for Ecological Protection in Jiangsu Province" (Su Zhengfa [2018] No.
74) X.
It is prohibited to approve projects that cannot implement dangerous* utilization and disposal methods, and strictly examine and approve dangerous* generating large quantities.
Local projects that do not have supporting utilization and disposal capacity and need to be coordinated by districts and cities.
—— "Opinions of the General Office of the Provincial Government on Strengthening the Prevention and Control of Dangerous* Pollution" (Su Zhengban Fa [2018] No.
91) 11.
(1) Prohibition of construction that does not conform to the national and provincial port layout plans and port master plans For wharf projects, it is prohibited to construct projects that do not comply with the "Layout Plan for Crossing the Yangtze River Channel".
(2) It is forbidden to invest in the construction of tourism and production and operation projects in the core area of the nature reserve, the shoreline of the buffer zone and the river section.
It is forbidden to invest in the construction of projects that have nothing to do with the protection of scenic and scenic resources within the shoreline and river section of the core scenic area of the scenic area.
(3) It is forbidden to build, rebuild, or expand projects that are not related to water supply facilities and protection of water sources within the shoreline and river section of the first-level drinking water source protection zone, as well as investment and construction that may pollute drinking water bodies such as cage aquaculture, tourism, etc.
project.
It is forbidden to build, rebuild, or expand investment and construction projects that discharge pollutants within the shoreline and river section of the secondary protection zone for drinking water sources. (4) It is forbidden to construct new sewage outlets within the shoreline and river section of the aquatic germplasm resource protection zone, and to reclaim land from lakes, reclaim land from the sea or reclaim the sea and other investment and construction projects.
It is forbidden to dig sand, mine, and any investment and construction projects that do not conform to the main function positioning within the shoreline and river section of the National Wetland Park.
(5) It is forbidden to invest in the construction of projects other than guaranteeing flood control safety, river regime stability, water supply safety, and protecting the ecological environment in the shoreline protection zone delineated by the "Master Plan for the Protection, Development and Utilization of the Yangtze River Shoreline".
, It is forbidden to invest in the construction of projects other than ensuring the safety of flood control, the stability of the river regime, the safety of water supply, the stability of the waterway and the protection of the ecological environment in the shoreline reserved area.
It is forbidden to invest in the construction of projects that are not conducive to the protection of water resources and natural ecology in the river section protection areas and reserved areas delineated by the "National Important River and Lake Water Function Zoning".
(6) It is forbidden to invest in construction within the scope of ecological protection red line and permanent basic farmland, except for major national strategic resource exploration projects, ecological protection restoration and environmental governance projects, major infrastructure projects, military defense projects, and basic production and life of farmers and herdsmen.
Projects other than people's livelihood projects.
(7) It is forbidden to build or expand chemical parks and chemical projects within 1 kilometer of the main and tributaries of the Yangtze River.
It is prohibited to build or expand steel, petrochemical, chemical, coking, building materials, non-ferrous and other high-polluting projects outside the compliance park.
(8) It is forbidden to build or expand projects that do not conform to the national petrochemical, modern coal chemical and other industrial layout plans.
(9) It is forbidden to build or expand outdated production capacity projects that are expressly prohibited by laws, regulations and related policies.
(10) It is forbidden to build or expand projects in industries with severe excess capacity that do not meet the national capacity replacement requirements.
75em; text-indent: 2em;">Key Points of Environmental Assessment and Approval of Construction Projects
Key points of EIA approval for construction projects Key points of EIA approval for construction projects75em; text-indent: 2em;">
75em; text-indent: 2em;">1.
In any of the following circumstances, approval shall not be granted:
75em; text-indent: 2em;">
75em; text-indent: 2em;">1.
In any of the following circumstances, approval shall not be granted:1.
In any of the following circumstances, approval shall not be granted:
75em; text-indent: 2em;">(1) The type of construction project and its location, layout, scale, etc.
do not comply with environmental protection laws and regulations and relevant statutory plans;
75em; text-indent: 2em;">(2) The environmental quality of the area does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;
75em; text-indent: 2em;">(3) The pollution prevention and control measures adopted by the construction project cannot ensure that the discharge of pollutants meets the national and local discharge standards, or the necessary measures have not been taken to prevent and control ecological damage;
75em; text-indent: 2em;">(4) Reconstruction, expansion, and technological transformation projects fail to propose effective preventive measures against the original environmental pollution and ecological damage of the project;
75em; text-indent: 2em;">(5) The basic data of the environmental impact report and environmental impact report form of the construction project are obviously false, the content has major defects or omissions, or the environmental impact assessment conclusion is unclear or unreasonable.
——"Construction Project Environmental Protection Management Regulations"
75em; text-indent: 2em;">(1) The type of construction project and its location, layout, scale, etc.
do not comply with environmental protection laws and regulations and relevant statutory plans;
75em; text-indent: 2em;">(2) The environmental quality of the area does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;
75em; text-indent: 2em;">(3) The pollution prevention and control measures adopted by the construction project cannot ensure that the discharge of pollutants meets the national and local discharge standards, or the necessary measures have not been taken to prevent and control ecological damage;
75em; text-indent: 2em;">(4) Reconstruction, expansion, and technological transformation projects fail to propose effective preventive measures against the original environmental pollution and ecological damage of the project;
75em; text-indent: 2em;">(5) The basic data of the environmental impact report and environmental impact report form of the construction project are obviously false, the content has major defects or omissions, or the environmental impact assessment conclusion is unclear or unreasonable.
——"Construction Project Environmental Protection Management Regulations"
75em; text-indent: 2em;">(1) The type of construction project and its location, layout, scale, etc.
do not comply with environmental protection laws and regulations and relevant statutory plans;
75em; text-indent: 2em;">(2) The environmental quality of the area does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;
75em; text-indent: 2em;">(3) The pollution prevention and control measures adopted by the construction project cannot ensure that the discharge of pollutants meets the national and local discharge standards, or the necessary measures have not been taken to prevent and control ecological damage;
75em; text-indent: 2em;">(4) Reconstruction, expansion, and technological transformation projects fail to propose effective preventive measures against the original environmental pollution and ecological damage of the project;
75em; text-indent: 2em;">(5) The basic data of the environmental impact report and environmental impact report form of the construction project are obviously false, the content has major defects or omissions, or the environmental impact assessment conclusion is unclear or unreasonable.
——"Construction Project Environmental Protection Management Regulations"
75em; text-indent: 2em;">(1) The type of construction project and its location, layout, scale, etc.
do not comply with environmental protection laws and regulations and relevant statutory plans;
do not comply with environmental protection laws and regulations and relevant statutory plans;
75em; text-indent: 2em;">(2) The environmental quality of the area does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;
(2) The environmental quality of the area does not meet the national or local environmental quality standards, and the measures to be taken by the construction project cannot meet the management requirements of the regional environmental quality improvement objectives;75em; text-indent: 2em;">(3) The pollution prevention and control measures adopted by the construction project cannot ensure that the discharge of pollutants meets the national and local discharge standards, or the necessary measures have not been taken to prevent and control ecological damage;
(3) The pollution prevention and control measures adopted by the construction project cannot ensure that the discharge of pollutants meets the national and local discharge standards, or the necessary measures have not been taken to prevent and control ecological damage;75em; text-indent: 2em;">(4) Reconstruction, expansion, and technological transformation projects fail to propose effective preventive measures against the original environmental pollution and ecological damage of the project;
(4) Reconstruction, expansion, and technological transformation projects fail to propose effective preventive measures against the original environmental pollution and ecological damage of the project;75em; text-indent: 2em;">(5) The basic data of the environmental impact report and environmental impact report form of the construction project are obviously false, the content has major defects or omissions, or the environmental impact assessment conclusion is unclear or unreasonable.
——"Construction Project Environmental Protection Management Regulations"
——"Construction Project Environmental Protection Management Regulations"
75em; text-indent: 2em;">2.
Strictly control the newly-built non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, tanning and other industries in areas where the priority protection of cultivated land is concentrated, and the relevant environmental protection authorities will not approve the environmental impact of construction projects that may cause soil pollution in cultivated land.
Report or report form.
——"Agricultural Land Soil Environmental Management Measures (for Trial Implementation)" (Order No.
75em; text-indent: 2em;">3.
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the environmental impact assessment and approval of construction projects.
75em; text-indent: 2em;">2.
Strictly control the newly-built non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, tanning and other industries in areas where the priority protection of cultivated land is concentrated, and the relevant environmental protection authorities will not approve the environmental impact of construction projects that may cause soil pollution in cultivated land.
Report or report form.
——"Agricultural Land Soil Environmental Management Measures (for Trial Implementation)" (Order No.
46 of the Ministry of Agriculture of the Ministry of Environmental Protection)
Strictly control the newly-built non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, tanning and other industries in areas where the priority protection of cultivated land is concentrated, and the relevant environmental protection authorities will not approve the environmental impact of construction projects that may cause soil pollution in cultivated land.
Report or report form.
——"Agricultural Land Soil Environmental Management Measures (for Trial Implementation)" (Order No.
46 of the Ministry of Agriculture of the Ministry of Environmental Protection)
75em; text-indent: 2em;">3.
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the environmental impact assessment and approval of construction projects.
Construction projects that discharge major pollutants must obtain the total major pollutant discharge indicators before the environmental impact assessment documents are approved.
3.
Strictly implement the total amount of pollutant discharge control system, and take the total amount of major pollutant discharge indicators as the preconditions for the approval of the environmental impact assessment of construction projects.
Construction projects that emit major pollutants must obtain the total major pollutant discharge indicators before the environmental impact assessment documents are approved.
——"Notice on Issuance" (Huanfa [2014] No.
197) 4.
(1) Planning environmental impact assessment should be used as an important basis for the environmental impact assessment of the projects included in the plan.
For projects that do not conform to the planning environmental assessment conclusions and review opinions, the environmental impact assessment of the project shall not be in accordance with the law.
To be approved.
(2) For existing projects of the same type with serious environmental pollution or ecological damage, and frequent occurrences of environmental violations, resulting in environmental capacity approaching or exceeding the carrying capacity, the approval of projects in similar industries in the area shall be suspended according to law until the existing problems are rectified.
Environmental assessment documents.
(3) For areas where the environmental quality status exceeds the standard, if the measures to be taken by the project cannot meet the management requirements of the regional environmental quality improvement objectives, the environmental impact assessment documents shall not be approved according to law.
For areas that fail to meet the assessment requirements of the environmental quality objectives, except for people's livelihood projects and energy-saving emission reduction projects, the approval of the environmental impact assessment documents of new projects that emit corresponding key pollutants in the area will be suspended in accordance with the law.
Except for important infrastructure projects such as railways, highways, waterways, flood control, pipelines, main canals, communications, power transmission and transformation, which are restricted by natural conditions and are indeed unavoidable, all types of development and construction activities shall be strictly controlled within the scope of the ecological protection red line.
EIA documents for new industrial projects and mineral development projects will not be approved.
——"Notice on Strengthening the Management of Environmental Impact Assessment with Improving Environmental Quality as the Core" (Environmental Assessment [2016] No.
150) 5.
It is strictly forbidden to build new chemical parks and chemical enterprises within 1 km of the shoreline of the mainstream of the Yangtze River and its main tributaries.
Strict environmental review and approval of chemical projects, and raise the entry threshold.
In principle, the investment amount of new chemical projects shall not be less than 1 billion yuan, and the three types of intermediate projects shall not be newly built, rebuilt or expanded.
—— "Implementation Opinions on Comprehensively Strengthening Ecological Environmental Protection and Resolutely Fighting Pollution Prevention and Control" (Su Fa [2018] No.
24) 6.
New coal-fired self-supplied power plants are prohibited.
Implement the "Environmental Access and Emission Standards for the Chemical, Steel, Coal, and Power Industry of Jiangsu Province" in key areas.
All coal-fired power plants will implement ultra-low emissions by the end of 2019.
——"Implementation Opinions on Accelerating the Transformation and Upgrading of the Province's Chemical, Steel, Coal and Power Industries with High-quality Development" (Su Banfa [2018] No.
32)7.
It is forbidden to construct, produce and use solvent-based coatings, inks, adhesives and other projects with high VOCs content.
——"Jiangsu Province's Three-Year Action Plan for Winning the Blue Sky Defense" (Su Zhengfa [2018] No.
122) 8.
No new chemical parks will be approved, and no chemical companies outside the chemical parks will be approved (except for key chemical monitoring points and Improve safety, environmental protection, energy-saving levels, oil quality upgrades, and reconstruction and expansion projects other than structural adjustments), and will not approve new reconstruction and expansion chemical projects with imperfect environmental infrastructure in the chemical park or companies that cannot operate stably for a long time.
Newly built (including relocation) chemical projects must enter the chemical parks that have completed the planning and environmental assessment review in accordance with the law.
It is strictly forbidden to build hazardous chemical terminals within 1 km of the shoreline of the main stream of the Yangtze River and its main tributaries.
——"Provincial Government's Implementation Opinions on Further Promoting the Transformation and Development of the Chemical Industry in the Province" (Su Zhengfa [2016] No.
128) 9.
In principle, the ecological protection red line shall be managed in accordance with the requirements of the prohibited development area, and all items that do not meet the main functional positioning are strictly prohibited.
Such development activities are strictly prohibited to change the use arbitrarily.
—— "Notice of the Provincial Government on Printing and Distributing the National Red Line Plan for Ecological Protection in Jiangsu Province" (Su Zhengfa [2018] No.
74) X.
It is prohibited to approve projects that cannot implement dangerous* utilization and disposal methods, and strictly examine and approve dangerous* generating large quantities.
Local projects that do not have supporting utilization and disposal capacity and need to be coordinated by districts and cities.
—— "Opinions of the General Office of the Provincial Government on Strengthening the Prevention and Control of Dangerous* Pollution" (Su Zhengban Fa [2018] No.
91) 11.
(1) Prohibition of construction that does not conform to the national and provincial port layout plans and port master plans For wharf projects, it is prohibited to construct projects that do not comply with the "Layout Plan for Crossing the Yangtze River Channel".
(2) It is forbidden to invest in the construction of tourism and production and operation projects in the core area of the nature reserve, the shoreline of the buffer zone and the river section.
It is forbidden to invest in the construction of projects that have nothing to do with the protection of scenic and scenic resources within the shoreline and river section of the core scenic area of the scenic area.
(3) It is forbidden to build, rebuild, or expand projects that are not related to water supply facilities and protection of water sources within the shoreline and river section of the first-level drinking water source protection zone, as well as investment and construction that may pollute drinking water bodies such as cage aquaculture, tourism, etc.
project.
It is forbidden to build, rebuild, or expand investment and construction projects that discharge pollutants within the shoreline and river section of the secondary protection zone for drinking water sources. (4) It is forbidden to construct new sewage outlets within the shoreline and river section of the aquatic germplasm resource protection zone, and to reclaim land from lakes, reclaim land from the sea or reclaim the sea and other investment and construction projects.
It is forbidden to dig sand, mine, and any investment and construction projects that do not conform to the main function positioning within the shoreline and river section of the National Wetland Park.
(5) It is forbidden to invest in the construction of projects other than guaranteeing flood control safety, river regime stability, water supply safety, and protecting the ecological environment in the shoreline protection zone delineated by the "Master Plan for the Protection, Development and Utilization of the Yangtze River Shoreline".
, It is forbidden to invest in the construction of projects other than ensuring the safety of flood control, the stability of the river regime, the safety of water supply, the stability of the waterway and the protection of the ecological environment in the shoreline reserved area.
It is forbidden to invest in the construction of projects that are not conducive to the protection of water resources and natural ecology in the river section protection areas and reserved areas delineated by the "National Important River and Lake Water Function Zoning".
(6) It is forbidden to invest in construction within the scope of ecological protection red line and permanent basic farmland, except for major national strategic resource exploration projects, ecological protection restoration and environmental governance projects, major infrastructure projects, military defense projects, and basic production and life of farmers and herdsmen.
Projects other than people's livelihood projects.
(7) It is forbidden to build or expand chemical parks and chemical projects within 1 kilometer of the main and tributaries of the Yangtze River.
It is prohibited to build or expand steel, petrochemical, chemical, coking, building materials, non-ferrous and other high-polluting projects outside the compliance park.
(8) It is forbidden to build or expand projects that do not conform to the national petrochemical, modern coal chemical and other industrial layout plans.
(9) It is forbidden to build or expand outdated production capacity projects that are expressly prohibited by laws, regulations and related policies.
(10) It is forbidden to build or expand projects in industries with severe excess capacity that do not meet the national capacity replacement requirements.
