The Ministry of Ecology and Environment has further improved the "three simultaneous" environmental protection of construction projects and the independent acceptance and supervision mechanism for environmental protection of completed construction projects

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Opinions on Further Improving the Environmental Protection "Three Simultaneities" of Construction Projects and the Self-inspection and Acceptance Supervision Mechanism of Completed Environmental Protection
 

Ecological and environmental departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, and Ecological and Environmental Bureau of Xinjiang Production and Construction Corps:
 

In order to implement the "Environmental Impact Assessment Law of the People's Republic of China" and "Regulations on the Environmental Protection Management of Construction Projects", deepen the reform of "delegating management and service" in the field of ecological environment, strengthen the supervision of the whole process of construction projects, straighten out the supervision responsibilities of ecological environment departments at all levels, and implement them The main responsibility for the ecological environment protection of the construction unit is now to improve the environmental protection "three simultaneous" of construction projects (excluding marine engineering, nuclear power plant and research reactor projects) and the independent acceptance of environmental protection of completion (hereinafter referred to as "three simultaneous" and independent acceptance) Regulatory mechanism, effectively optimizing regulatory methods and improving regulatory effectiveness The following opinions are provided
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1.
Strictly implement territorial supervision responsibilities
 

　　(1) Establish a prior territorial participation mechanism
.
The Ministry of Ecology and Environment will further improve the environmental assessment and approval procedures.
In the process of technical assessment and review of the environmental assessment documents of construction projects, according to the magnitude of environmental impact and environmental risk, the provincial or districted municipal people’s government and relevant departments where the project is located will be invited to participate in site surveys, The technical assessment committee and the internal review committee will jointly study and propose measures to prevent environmental pollution and ecological damage, and clarify the content of subsequent territorial supervision and the responsibilities of all parties
.

 

　　Please refer to the environmental assessment and approval procedures of our Ministry for the ecological environment departments of all provinces (autonomous regions and municipalities) to establish a pre-participation mechanism for the local people’s government and relevant departments in the process of technical assessment and review of the environmental assessment documents of construction projects, to reasonably determine the scope of participation, or to adopt a written form The way of soliciting opinions avoids increasing administrative costs
.
In the environmental assessment approval document, in accordance with the principle of territorial responsibility, the districted municipal ecological environment department shall be the main responsible department for in- and post-surveillance of construction projects.
After the approval is completed, the environmental assessment document and the approval document shall be promptly transferred to the districted municipality.
Ecological and environmental departments that involve the reduction of pollutant areas, coal substitution, production capacity replacement, residents relocation, habitat protection and other requirements should be transferred to the local people's government and relevant departments at the same time, and the relevant responsibilities and completion time limits should be specified
.

 

　　(2) Consolidate the responsibility of territorial supervision during and after the event
.
The eco-environmental departments of all provinces (autonomous regions and municipalities) are requested to effectively strengthen the supervision and guidance of the "three simultaneous" and independent inspection and supervision work of the eco-environmental departments in the administrative area, and urge the municipal eco-environmental departments in the districts where the construction projects are located to strictly implement the responsibility of territorial supervision
.
In accordance with the requirements of the Guidance Catalogue of Comprehensive Administrative Law Enforcement Matters for Ecological Environmental Protection, supervise and urge the districted city-level ecological environment departments to effectively perform the responsibilities of the main responsible departments, adopt the "double random, one open" approach, and comprehensively strengthen the classification of all environmental impact assessments in the city Manage directory construction projects "three simultaneous" and independent acceptance supervision, increase supervision, inspection and punishment, ensure that ecological environmental protection facilities and the main project are designed, constructed, and put into production at the same time, and various ecological environmental protection measures are strictly implemented.
The unit's independent inspection and acceptance work is legal and compliant
.
Strengthen the random inspection of the "three simultaneous" and independent acceptance of cross-city construction projects, and coordinate the construction of cross-regional municipal ecological environment departments to establish a cooperative consultation mechanism
.
Strengthen the random inspection of key construction projects approved by the Ministry of Ecology and Environment (hereinafter referred to as Ministry approval) and provincial approval.
For projects approved by the Ministry, the random inspection shall be fully covered at least once within 1 year after the project starts construction and is put into production or use
.

 

　　2.
Effectively regulate the content of on-site supervision and inspection
 

　　(1) Focus on the key points of "three simultaneous" supervision
.
When carrying out the "three simultaneous" supervision and inspection, local ecological environment departments at all levels should further focus on the main responsibility and the main business, and focus on the inspection of specific behaviors that have clear legal responsibilities in existing laws and regulations
.
Focus on the preparation of environmental protection chapters in the design documents, the implementation of measures to prevent environmental pollution and ecological damage, and the investment estimates of environmental protection facilities; the construction contract of the construction unit covers the construction of environmental protection facilities and the allocation of corresponding funds; the actual start time of the construction project exceeds the environmental assessment Report to the original approval department for re-examination in five years from the date of document approval; the nature, scale, location, production technology adopted, or measures to prevent pollution and ecological damage are consistent with the environmental assessment documents, approval documents, or environmental protection facility design requirements If there is a change, the construction unit will carry out environmental impact analysis before the change, and resubmit the environmental impact assessment document for major changes; the implementation of environmental protection facilities and measures and the construction of the main project; the destruction or pollution of the ecological environment during the construction process; relevant international treaty compliance requirements and national industrial policy compliance; implementation of the EIA approval and other documents required by the environmental supervision
.

 

　　(2) Unified and independent inspection and supervision content
.
Local eco-environmental departments at all levels should carry out independent acceptance inspections and inspections in accordance with the principle of legality inspection
.
Focus on whether there are eight situations that should not pass the acceptance inspection, that is, the environmental protection facilities required by the environmental impact assessment have not been completed, have not been put into production or used at the same time as the main project, exceeded the standard and exceeded the total amount of pollutants, and have not resubmitted the environmental assessment documents for approval after major changes.
The construction process The major environmental pollution or ecological damage caused by the pollution discharge permit management has not been rectified, the projects included in the pollution discharge permit management are unlicensed or do not discharge in accordance with the permit, the pollution control capacity cannot meet the needs of the main project, the punishment of illegal acts has not been corrected, and the acceptance report is serious acceptance or quality problems such as fraud
.
At the same time, supervision and inspection should also be conducted on matters such as the standardization of the acceptance procedures, the completeness of the content, the compliance of information disclosure, and the implementation of the measures promised by the government and relevant departments
.

 

　　3.
Continuously optimizing supervision methods
 

　　(1) Optimize the information sharing mechanism
.
Local eco-environmental departments at all levels should further optimize the EIA and law enforcement information sharing mechanism
.
After the EIA document of the construction project is approved or after receiving the EIA document and the approval document from the superior, the EIA approval agency shall promptly forward the relevant documents to the environmental law enforcement agency.
If the environmental law enforcement agency finds problems involving EIA management during daily supervision and inspection, it shall promptly feed back to the EIA approval Institutions, and effectively form a supervisory force to improve management efficiency
.

 

　　(2) Improve the public participation mechanism
.
Local eco-environmental departments at all levels must give full play to the role of public supervision, and timely report on public participation information during the preparation of construction project environmental impact reports, public opinions collected during the acceptance and approval of environmental impact assessment documents, and public reports received during project construction and commissioning.
Sort out the complaints, systematically summarize the potential environmental risk points in the process of project construction and operation, and use them as important clues to be included in the focus of the "three simultaneous" and independent acceptance inspections
.

 

　　(3) Explore a third-party auxiliary law enforcement mechanism
.
Eco-environmental departments of all provinces (autonomous regions and municipalities) are requested to further strengthen the construction of the expert database of eco-environmental law enforcement, encourage eco-environmental departments at all levels to reasonably arrange funds in their budgets, and invite industry experts, technical experts or third-party consulting agencies to assist in the implementation of the "Three Simultaneities".
"And independent acceptance, supervision and inspection
.
With the help of a third party, we will judge the consistency of construction project content and ecological environmental protection measures from a professional perspective, the technical accessibility of up-to-standard emissions, and the controllability of ecological and environmental impacts, and provide technical support for accurately discovering environmental violations.

.

 

　　(4) Relying on the information platform
.
Local eco-environmental departments at all levels should make full use of the national construction project EIA unified reporting and approval system, the national pollution discharge permit management information platform, the national construction project completion acceptance information system and other related data platforms to systematically sort out the information submitted by the construction unit and the territorial ecological environment department Supervise information and track the progress of construction, commissioning, and acceptance of construction projects
.
Continuously strengthen data analysis, explore the establishment of an intelligent model for the discovery of source abnormalities, preliminary identification of problems, and push of inspection requirements, and carry out the "three simultaneous" and independent acceptance supervision and inspections accurately and efficiently
.

 

　　4.
Continue to increase punishment and supervision
 

　　(1) Deal with punishment in accordance with the law
.
Local ecological and environmental departments at all levels found that the "three simultaneous" system was not implemented or not in place, commissioned without experience, fraudulently conducted in the process of independent inspection and acceptance, and failed to disclose the acceptance report to the public as required, except in accordance with the "Construction Project Environment In addition to handling penalties in laws and regulations such as the Protection and Management Regulations, information on environmental violations related to construction projects should be recorded in the environmental protection credit information platform in a timely manner and disclosed to the public in a timely manner
.

 

　　(2) Increase the intensity of government supervision
.
The implementation of the environmental protection countermeasures supporting the construction project, such as regional reduction, coal substitution, production capacity replacement, residents relocation, habitat protection, etc.
, as stated in the environmental impact assessment approval of the construction project by the people's government and relevant departments, has been slow or not implemented.
, The ecological environment department where the construction project is located shall report to the higher-level ecological environment department in a timely manner
.
The higher-level eco-environmental departments make full use of methods such as interviews, restrictions on approvals, and notifications to urge the people's governments of the territories to implement relevant subject responsibilities in accordance with their commitments
.

 

　　(3) Strengthen spot checks on key projects
.
All provinces (autonomous regions and municipalities) are requested to report to the Ministry of Ecology and Environment before the end of December every year that the eco-environmental departments at all levels in the administrative region have carried out the "three simultaneous" and independent acceptance of the projects approved by the Ministry of Supervision and Inspection, the findings and the handling of penalties
.
The Ministry of Ecology and Environment will organize relevant provinces (autonomous regions and municipalities) ecological environment departments in due course every year to approve projects that have started construction in the previous year and completed their own inspection and acceptance (pollutant discharge permits have been issued), especially those with high environmental risks and ecological sensitivity.
For construction projects with high levels of social attention, large volume of letters and complaints, or clear clues to illegal issues, spot checks will be conducted on the "three simultaneous", independent acceptance and implementation of territorial supervision responsibilities
.

 

　　Ministry of Ecology and Environment
 

　　August 20, 2021
 

　　(This piece is publicly available)
 

　　Copy: Environmental Engineering Evaluation Center of Ministry of Ecology and Environment
.

 

　　Issued by the General Office of the Ministry of Ecology and Environment on August 23, 2021

 

　　Original Title: Opinions on Further Improving the Environmental Protection "Three Simultaneities" of Construction Projects and the Self-inspection and Acceptance Supervision Mechanism of Completed Environmental Protection