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Environmental Protection Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and Environmental Protection Bureaus of the Xinjiang Production and Construction Corps:
In accordance with the overall deployment of the "Opinions on Accelerating the Construction of Ecological Civilization" and the "Overall Plan for the Reform of the Ecological Civilization System", and in accordance with the provisions of the Environmental Protection Law, the Environmental Impact Assessment Law, the Regulations on Planning Environmental Impact Assessment, etc., in order to further improve the quality of planning environmental impact assessment (hereinafter referred to as planning and environmental assessment), give full play to the role of planning environmental impact assessment in optimizing spatial development layout, promoting the improvement of regional (river basin) environmental quality, and promoting industrial transformation and upgrading. The following guidance is put forward for total control and environmental access.
1. General requirements and scope of application
(1) Planning and environmental impact assessment should give full play to the role of optimizing the layout of spatial development, promoting the improvement of regional (river basin) environmental quality, and promoting industrial transformation and upgrading, and on the basis of implementing relevant technical guidelines and technical specifications, spatial control, total control and environmental access should be regarded as important contents of the evaluation results.
(2) Strengthening space control refers to putting forward opinions and requirements for optimizing production space and living space on the premise of clarifying and protecting ecological space, and promoting the construction of a territorial space development pattern conducive to environmental protection. Strengthening total control means that the upper limit of total pollutant emissions in regions (river basins) and key industries should be clarified with the goal of promoting environmental quality improvement, as the basis for regulating the scale and development intensity of industries in the region. Strengthening environmental access refers to putting forward environmental access conditions for regional (basin) industrial development on the basis of meeting the requirements of space control and total control, and promoting industrial transformation and upgrading and green development.
(3) The planning and environmental assessment work should be involved in the preparation of planning as soon as possible, and the results of spatial control, total control and environmental access should be fully integrated into the whole process of planning preparation, decision-making and implementation, and the role of optimizing the target positioning, functional zoning, industrial layout, development scale and structure should be effectively played to promote the improvement of regional (river basin) environmental quality and maintain ecological security.
(4) These Guiding Opinions are applicable to planning and environmental impact assessments with a clear spatial scope and involving specific development and construction behaviors. Other planning and environmental assessments can implement the relevant provisions of these Guiding Opinions in a targeted manner according to the characteristics of the plan; Regional strategic environmental assessment can be implemented with reference.
2. Strengthen spatial control and optimize the spatial development pattern
(5) Planning and environmental impact assessment should be combined with regional characteristics and from the perspective of maintaining the integrity of the ecosystem, identify and determine the ecological space that needs to be strictly protected as the bottom line of regional space development, and optimize the layout of relevant production space and living space accordingly, and strengthen the control of development boundaries. When there is a conflict between production and living space and ecological space, in accordance with the principle of "giving priority to ensuring ecological space, rationally arranging living space, and intensively utilizing production space", the optimization and adjustment of the planning space layout is put forward to ensure that the nature of ecological space is not transformed, the area is not reduced, and the function is not reduced.
(6) On the basis of the clarity of ecological space, combined with environmental quality objectives and environmental risk prevention requirements, the environmental rationality of the production space and living space layout proposed in the plan should be demonstrated, and suggestions for optimization and adjustment of the production space and living space layout should be put forward based on the scope and degree of environmental impact, so as to avoid or mitigate the adverse effects of production activities on the living environment and the health of the population.
(7) On the basis of a comprehensive analysis of the spatial distribution of regional ecological importance and ecological sensitivity, the ecological space should be comprehensively determined in combination with regional economic development planning, land use planning, urban and rural planning, ecological environmental protection planning, etc., and coordinated with the national and provincial main functional area planning, ecological function zoning, water ecological environment functional zoning, biodiversity conservation priority area protection planning, nature reserve development plan, etc. Ecological space should include areas that are legally prohibited from development, such as key ecological function areas, ecologically sensitive areas, ecologically fragile areas, biodiversity conservation priority areas, and nature reserves, as well as other areas of great significance for maintaining ecosystem structure and function.
(8) If the ecological protection red line has been delineated in the planning area, the ecological protection red line area should be regarded as the core part of the ecological space. At the same time, according to the planning characteristics, regional ecological sensitivity and environmental protection requirements, other areas that need to be protected should be included in the ecological space. If the planning area has not yet delineated the ecological protection red line, the ecological space that is prohibited from development and key protection should be proposed to provide a reference basis for delineating the ecological protection red line.
(9) The spatial control results of the planning and environmental impact assessment shall include the ecological space distribution map, the optimized living space and production space distribution map, the general map of the development control of production, living, ecological space and its constituent blocks, and other necessary supporting drawings. Relevant drawings should be prepared with a spatial block description table, detailing the geographical location, area, current situation, protection objects, access requirements and control measures of each spatial block.
3. Strictly control the total amount and promote the improvement of environmental quality
(10) According to the current situation and objectives of environmental quality in the planning area and surrounding areas such as upstream and downstream, downwind direction, etc., considering meteorological conditions, hydrological conditions and other relevant factors, analyze and reserve a certain safety margin according to the most unfavorable conditions, and put forward the upper limit of the total control of pollutant discharge in the region (basin) as the limit of total pollutant discharge in the region (basin). Comprehensively analyze the environmental quality improvement goals, emission status, emission reduction costs and technical feasibility, and determine the phased targets for the reduction of total regional pollutant emissions.
(11) According to the national and local environmental quality improvement goals and the pollution control requirements of related industries, combined with the current environmental pollution characteristics and outstanding environmental problems, determine the main pollutants to be included in the total emission control. Generally, it should include water pollution factors such as chemical oxygen demand, ammonia nitrogen, total phosphorus/phosphate, air pollution factors such as sulfur dioxide, nitrogen oxides, volatile organic compounds, smoke and dust, and other main characteristic pollution factors closely related to regional outstanding environmental problems.
(12) For key pollutants, estimate the total control limits of each pollutant in each area (river basin) control unit one by one. Appropriate water control units should be delineated according to the characteristics of the basin, hydrological situation, water quality monitoring and section setting. The water control unit should be connected with the existing water (environmental) functional area and the water ecological environment functional area. Appropriate air pollution control units should be delineated according to regional atmospheric transmission and diffusion conditions, natural topography, land use and surface cover. The estimated control limit of total pollutant emission should comprehensively consider the emission intensity and characteristics of pollution sources, the most unfavorable discharge location, the operation status of pollution control facilities, as well as the level of environmental monitoring and the ability to supervise pollutant emissions. A smaller time scale should also be selected for estimation, and the total pollutant emission control limit can be proposed in days if possible.
(13) Comprehensively consider pollution emissions, emission intensity, characteristic pollutants, and planning leading industries, and determine the key industries included in the total control in the region. Based on the industry's production process level, pollution control technology level, technological progress, pollution control cost, etc., the best applicable technology (BAT) is screened, and the emission reduction potential of key industries is analyzed and measured. According to the pollution emission base, emission reduction potential and technical and economic factors of key industries, the requirements for the total pollutant emission control of the industry are proposed.
(14) When the current status of regional environmental quality exceeds the standard or the pollutant emissions of key industries have exceeded the total control requirements, regional or industry pollutant emission reduction tasks should be put forward according to the environmental quality improvement goals, and the formulation of pollutant emission reduction plans should be promoted, and measures such as accelerating the elimination of backward production capacity, promoting industrial structure adjustment, improving technology and technology, and strengthening energy conservation, water conservation and pollution control should be promoted. If necessary, suggestions such as suspending the construction of new relevant pollutant emission projects in the region can be put forward to control the scale of industry development and promote the improvement of environmental quality.
(15) For industrial development in the region (river basin), on the premise of meeting environmental quality objectives, local governments may be given the initiative in the allocation of total pollutant emissions of specific construction projects. With the improvement of industrial technology, cleaner production, and regional pollution control, the scale of industrial development can be appropriately expanded without exceeding the upper limit of total pollutant emissions.
(16) When there are major changes in the environmental objectives, industrial structure and productivity layout, hydrological and meteorological conditions of the planning area, the total pollutant control requirements of the regional industry should be dynamically adjusted, and the total pollutant emissions that the region can carry should be re-estimated in combination with the revision or follow-up evaluation of the planning and planning environmental assessment, and the relevant total control requirements should be continuously improved.
Fourth, clarify environmental access and promote industrial transformation and upgrading
(17) On the basis of comprehensively considering factors such as planning space control requirements, environmental quality status and goals, demonstrate the environmental rationality of regional industrial development positioning, put forward a negative list of environmental access and differentiated environmental access conditions, and play a guiding role in planning preparation, industrial development and environmental access of construction projects.
(18) According to the requirements of regional resource endowment and ecological environmental protection, one or more indicators such as water consumption, energy consumption, pollutant emissions, and environmental risks per unit area (unit output value) shall be selected as negative indicators for formulating the negative list of environmental access for planning regional industries and determining their limits. If the planned industry does not meet the requirements of the above indicators, it should be directly included in the negative list of environmental access, and planning and construction are prohibited.
(19) Establish an evaluation index system including indicators such as environmental impact, resource consumption intensity, land use efficiency, and economic and social contribution, and conduct comprehensive evaluation of key industries. In principle, industries with outstanding impact on the resources and environment of the planning area and small economic and social contribution should be included in the prohibited access category. Restricted access industries should be further determined based on regional environmental protection goals and requirements, resource and environmental carrying capacity, and industrial status.
(20) Clarify the list of production processes or products that should be restricted or prohibited according to environmental protection policy planning, total control requirements, cleaner production standards, etc. Through the list, put forward the list of industries, process lists, product lists and other environmental negative lists within the planning scope, and explain the main basis, standards and reference indicators for the formulation of the list.
(21) When the current status of regional (river basin) environmental quality exceeds the standard, stricter environmental access requirements should be put forward for the industries, processes, products, etc. involved in the exceeding factors according to the environmental quality improvement goal while promoting the implementation of the pollutant emission reduction plan.
General Office of the Ministry of Environmental Protection
February 24, 2016
Issued by the General Office of the Ministry of Environmental Protection on February 24, 2016