Should we go through the environmental inspection and acceptance first, or should we go through the pollution discharge permit first?

The priority of environmental protection acceptance and pollution discharge permit

Answer: According to Article 6 and Article 14 of the "Interim Measures for the Environmental Protection Acceptance of Construction Projects", if it is necessary to debug the environmental protection facilities of the construction project, the construction unit shall ensure that the pollutant discharge during the commissioning period meets the national and local standards. Relevant management regulations on pollutant discharge standards and pollutant discharge permits. If the environmental protection facilities have not been completed at the same time as the main project, or if the pollution discharge permit should be obtained but has not been obtained, the construction unit shall not debug the environmental protection facilities of the construction project.

For construction projects that are included in the management of pollutant discharge permits, the pollutant discharging unit shall apply for a pollutant discharge permit in accordance with the requirements of the relevant national pollution permit management regulations before the actual pollutant discharge of the project, and shall not discharge pollutants without a license or discharge pollutants in accordance with the license. The main content related to the discharge of pollutants in the acceptance report of a construction project shall be included in the annual report on the implementation of the pollutant discharge permit for the year when the acceptance of the project is completed. Therefore, it is necessary to apply for a pollutant discharge permit before commissioning, completion of environmental protection acceptance monitoring and independent acceptance procedures.

1. After the enterprise is put into production (operation), should it go through the environmental protection completion acceptance procedures?

It should be handled. According to the "Interim Measures for the Completion of Environmental Protection Acceptance of Construction Projects", the construction unit is the main body responsible for the environmental protection acceptance of the completed construction project. It shall organize the acceptance of supporting environmental protection facilities and prepare the acceptance report in accordance with the procedures and standards specified in these Measures. , Disclose relevant information, accept social supervision, ensure that the environmental protection facilities required by the construction project and the main project are put into production or use at the same time, and be responsible for the authenticity, accuracy and completeness of the content, conclusions and disclosed information. Falsified during the acceptance process.

For construction projects that mainly emit pollutants, prepare the acceptance monitoring report in accordance with the "Construction Project Completion Environmental Protection Acceptance Technical Guide Pollution Impact Category"; for construction projects that mainly affect the ecology, follow the "Construction Project Completion Environmental Protection Acceptance Technical Specification Ecological Impact" Compilation of acceptance survey reports for the category "; thermal power generation, petroleum refining, water conservancy and hydropower, nuclear and radiation and other construction projects that have issued industry acceptance technical specifications, in accordance with the industry’s acceptance technical specifications, prepare acceptance monitoring reports or acceptance survey reports.

2. Clarify the responsible party for acceptance

Cancel the approval of the environmental protection department for the completion acceptance of the environmental protection facilities of the construction project, and the construction unit shall conduct the independent inspection and acceptance in accordance with the regulations. details as follows:

Acceptance of environmental protection facilities for water and air pollutants:

The environmental protection facilities for water and air pollutants of construction projects shall be checked and accepted by the construction unit itself.

Acceptance of noise pollution prevention facilities:

Before a construction project is put into production or use, its environmental noise pollution prevention and control facilities must be checked and accepted in accordance with the standards and procedures prescribed by the state; if it fails to meet the requirements of the state regulations, the construction project may not be put into production or use.

Acceptance of solid waste pollution prevention facilities:

The second revision of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" will come into effect on September 1, 2020. If a construction project requires supporting solid waste pollution prevention facilities, the construction unit will independently carry out environmental protection inspection and acceptance after the project is completed, and it is no longer necessary to apply to the environmental protection administrative department for acceptance.

Article 18: The environmental impact assessment documents of the construction project determine that the solid waste pollution prevention and control facilities that need to be built should be designed, constructed, and put into use at the same time as the main project. The preliminary design of a construction project shall, in accordance with the requirements of the environmental protection design specification, incorporate the prevention and control of environmental pollution by solid waste into the environmental impact assessment document, implement measures for prevention and control of environmental pollution by solid waste and damage to the ecology, and an investment budget for the prevention and control of environmental pollution by solid waste.

The construction unit shall, in accordance with the relevant laws and regulations, inspect and accept the supporting facilities for the prevention and control of environmental pollution caused by solid waste, prepare an acceptance report, and make it public.

After the completion of the construction project for which the environmental impact report (form) is prepared, the construction unit or its entrusted technical institution shall truthfully prepare the completed environmental protection acceptance report, and the compiler of the acceptance report shall be responsible for the conclusion of the prepared acceptance report for life.

Please pay attention to these aspects

(01), acceptance scope

After the completion of the environmental impact report (form) of the project, the construction unit shall, in accordance with relevant standards and procedures, check and accept the supporting environmental protection facilities, and prepare an acceptance report.

There is no need for acceptance after the completion of the environmental impact registration form project.

(02), acceptance period

The acceptance period is no more than 12 months from the date when the environmental protection facilities of the construction project are completed to the date when the construction unit discloses the acceptance report to the public.

(03), acceptance procedures

Acceptance preparation

For construction projects included in the management of pollution discharge permits, the pollutant discharging unit shall apply for a pollutant discharge permit in accordance with the requirements of the relevant national pollution discharge permit management regulations before the actual pollutant discharge of the project.

Acceptance monitoring shall be carried out under the condition that the main project debugging conditions are stable and the environmental protection facilities are operating normally, and the actual conditions during the monitoring shall be recorded truthfully. The construction unit to carry out inspection and monitoring activities may entrust other competent monitoring institutions to carry out the monitoring.

(1) Check the EIA documents and the approval decision of the approval department

Check the environmental impact assessment documents and the approval decision of the approval department, and record the basic situation of the construction project and environmental protection requirements. The basic information of the construction project includes the name of the construction project, construction site, type of environmental assessment document, environmental assessment approval number, basic construction content, construction nature, production scale, main economic and technical indicators, etc.

Environmental protection requirements include the construction of various pollution prevention and control facilities, ecological protection measures requirements, major pollution source pollutant discharge standards, environmental management requirements, etc. during the implementation of the construction project. Compile the construction project of the environmental impact report, record the environmental protection facilities required to be implemented in the environmental protection measures chapter of the environmental impact report, the environmental quality standards and pollutant discharge standards in the general provisions chapter, and the "three simultaneous" acceptance content in the environmental management chapter ; The construction project that compiles the environmental impact report form, records the environmental protection facilities of each project required to be implemented in the conclusion of the environmental impact report form, the environmental quality standards and pollutant discharge standards in the standard section; other environmental impact reports related to the construction project, record Newly proposed or updated environmental protection facilities, environmental quality standards and pollutant discharge standards; documents such as the environmental assessment approval or the reply of the ecological environment department, recording the environmental protection facilities, environmental quality standards, pollutant discharge standards and environmental management requirements proposed by the documents .

(2) Collect construction materials of construction projects

Check planning documents, design documents, equipment lists, production process flow, main economic and technical indicators, main raw and auxiliary materials, public works, environmental supervision and other materials, and record the corresponding content in the environmental assessment documents and the approval decisions of the approval department, including the basic project Situation, pollution prevention and treatment facilities, ecological protection measures, risk prevention measures, etc.

(3) Organize and accept supporting documents

Collect solid waste disposal contracts, drainage certificates, sewage permits, relevant agreements and other supporting documents for acceptance.

(4) Public completion and debugging time

Except for circumstances that require confidentiality according to the state, the construction unit shall disclose the completion time and commissioning time of the construction project to the public through its website or other methods that are convenient for the public to know.

After the completion of the environmental protection facilities of the construction project, the date of completion shall be disclosed; before the commissioning of the environmental protection facilities of the construction project, the start and end dates of the commissioning shall be disclosed.

While disclosing the above-mentioned information, the construction unit shall also submit relevant information to the local environmental protection department at or above the county level.

Compilation of acceptance monitoring (investigation) report

After the completion of the construction project, the construction unit shall truthfully inspect, monitor and record the construction and commissioning of the environmental protection facilities of the construction project, and prepare an acceptance monitoring (investigation) report.

For construction projects that mainly emit pollutants, prepare the acceptance monitoring report in accordance with the "Technical Guidelines for Environmental Protection Acceptance of Construction Projects: Pollution Impact Category";

For construction projects that mainly affect the ecology, the acceptance survey report shall be prepared in accordance with the "Technical Specification for Environmental Protection Acceptance of Construction Projects and Ecological Impacts";

For construction projects that have issued industry acceptance technical specifications for thermal power generation, petroleum refining, water conservancy and hydropower, etc., the acceptance monitoring report or acceptance survey report shall be prepared in accordance with the industry acceptance technical specifications.

If the construction unit does not have the ability to prepare the acceptance monitoring (investigation) report, it may entrust a competent technical institution to prepare it. The construction unit shall be responsible for the conclusion of the acceptance monitoring (investigation) report prepared by the entrusted technical institution.

After the completion of the acceptance monitoring (investigation) report, the construction unit shall, based on the conclusions of the acceptance monitoring (investigation) report, check whether the project is unqualified for acceptance one by one, and provide acceptance opinions. If there are problems, the construction unit shall carry out rectification, and the inspection and acceptance opinions may not be submitted until the rectification is completed.

In order to improve the effectiveness of acceptance, in the process of proposing acceptance opinions, the construction unit may organize an acceptance work group to assist in carrying out the acceptance work by means of on-site inspection, data review, and acceptance meeting. The acceptance work group may be composed of design units, construction units, environmental impact report (form) preparation institutions, acceptance monitoring (investigation) report preparation institutions, and other unit representatives, as well as professional technical experts.

Accept opinion

After the completion of the acceptance monitoring (investigation) report, the construction unit shall, based on the conclusions of the acceptance monitoring (investigation) report, check whether the project is unqualified for acceptance one by one, and provide acceptance opinions. If there are problems, the construction unit shall carry out rectification, and the inspection and acceptance opinions may not be submitted until the rectification is completed.

In order to improve the effectiveness of acceptance, in the process of proposing acceptance opinions, the construction unit may organize an acceptance work group to assist in carrying out the acceptance work by means of on-site inspection, data review, and acceptance meeting. The acceptance work group may be composed of design units, construction units, environmental impact report (form) preparation institutions, acceptance monitoring (investigation) report preparation institutions, and other unit representatives, as well as professional technical experts.

Preparation of acceptance report

After the acceptance opinion is submitted, the construction unit must prepare an acceptance report, which includes three items: acceptance monitoring (investigation) report, acceptance opinion, and other matters that need to be explained.

The construction unit shall truthfully record the brief status of the design, construction and acceptance process of environmental protection facilities, the environmental impact report (form) and other environmental protection other than environmental protection facilities proposed in the approval decision of the approval department in the "other matters needing explanation" Implementation status of countermeasures and rectification work status, etc.

Acceptance report

Within 5 working days after the expiration of the acceptance report publicity period, the construction unit shall log in to the National Construction Project Completion Environmental Protection Acceptance Information Platform, and fill in the basic information of the construction project, the acceptance of environmental protection facilities and other relevant information.

Archiving requirements

The construction unit shall archive the acceptance report and other archive materials for future reference.

Construction project environmental impact assessment report (form) and approval opinions.

Construction project completion acceptance report.

Pollutant discharge permit materials.

Acceptance process materials (including meeting notices, sign-in forms, other explanatory materials for acceptance, etc.).

(04) Carry out acceptance

(1) Check the construction content of the project

For on-site inspections of construction projects, the Ministry of Ecology and Environment has issued key points for on-site inspections and reviews of construction projects in 9 industries.

Pollution-affected construction projects: compare the environmental impact assessment documents and approval decisions of the approval department in terms of construction site, nature, content, scale, technology and process, product plan, raw and auxiliary materials, layout, public works, supporting facilities, etc., and record the approval Establish consistent conditions, determine the scope of acceptance, and determine whether changes in construction projects or new additions or subtractions are major changes.

Ecological impact construction projects: compare the environmental impact assessment documents and the approval decisions of the approval department in terms of construction site, nature, functional positioning, scale, route direction and form, main technical indicators, environmentally sensitive areas, and supporting facilities, and record the consistency of approval and construction , Determine the scope of acceptance, and judge whether the changes or additions or subtractions of the construction project are major changes.

(2) Check the environmental protection facilities of the project

Pollution-affected construction projects: check the environmental protection requirements of waste water, waste gas, noise, vibration, solid waste, groundwater, soil, risk prevention, and landscape in the environmental impact assessment documents and the approval decision of the approval department one by one, and record the implementation of various environmental protection measures, The focus is on new pollution sources and corresponding pollution prevention facilities.

Ecological impact construction projects: check the environmental protection requirements of the environmental impact assessment documents and the approval decision of the approval department regarding wastewater, exhaust gas, noise, vibration, solid waste, groundwater, soil, risk prevention, and landscape one by one, and record various environmental protection measures and ecological protection Or restoration projects, focusing on newly-added environmentally sensitive targets and corresponding pollution prevention facilities.

(3) Check other environmental protection measures

Standardization of sewage outlets: Whether the pollutant sampling outlets, sampling platforms, and signs of the construction project are set up in accordance with the requirements of technical specifications and sewage permits.

Online monitoring: Whether the construction project that requires the installation of automatic monitoring systems for water pollutants and air pollution emissions from fixed sources of pollution should install automatic monitoring equipment and network with the ecological environment department, and conduct acceptance inspections in accordance with relevant acceptance technical specifications.

Marks and marks: Whether the marks of waste water and waste gas discharge outlets and the marks of hazardous waste storage places are correct, and whether the set positions are reasonable.

Environmental risk prevention measures: In accordance with the environmental impact assessment documents and the requirements of risk prevention measures in the approval decision of the approval department, record the implementation of cofferdams, seepage prevention projects, accident pools, accident alarm systems, groundwater monitoring wells, and emergency material reserves in the installation area.

Other measures: According to the environmental impact assessment documents and the approval decision of the examination and approval department, the specific implementation status shall be recorded on the "new to replace the old" project, clean production project, greening project, soil and water conservation project, ecological restoration project, etc.

(4) Determine whether there is a major change

Discriminant principle

Where a construction project undergoes major changes in one or more of the five factors of nature, scale, location, production technology, and environmental protection measures during the implementation of the project, and may cause significant changes in environmental impact (especially aggravation of adverse environmental impacts), Defined as a major change.

For the construction projects that belong to the list of major changes in the industry issued by the Ministry of Ecology and Environment, they directly correspond to the judgment. The construction projects that are not included are implemented in accordance with the location, scale, technology, environmental protection facilities, main technical indicators, etc., and the pollutants generated by the change Analysis of emissions and environmental impact. Due to the adjustment of production technology and production scale, pollution sources have been reduced, the types and amounts of pollutants discharged, and the types and amounts of hazardous waste generated are generally not a major change.

Pollution-affected construction projects

For pollution-affected construction projects, the increase in production scale and changes in production processes have caused new pollutants or pollutant emissions to increase. The layout of the plant area has led to new environmentally sensitive targets for the protection distance, and new sources of waste water and exhaust gas emissions. Indirect emissions are changed to direct emissions, waste gas is changed from organized emissions to unorganized emissions, waste water and waste gas treatment processes are weakened, waste gas exhaust pipes are reduced by 10% or more, hazardous waste disposal methods are changed, risk prevention measures are weakened, and other changes have occurred May cause major changes.

Ecological impact construction project

For ecologically influential construction projects, functional positioning has changed, technical indicators such as operating speed, operating volume, track form, pipe diameter, etc. have increased, line length and floor space have been increased, and form has changed, and important ecologically sensitive areas have been added due to changes in the main project Or the number of environmentally sensitive targets has increased significantly, and changes in ecological protection, weakening or lowering of pollution prevention measures may lead to major changes.

Source: Environmental Protection 365