Environmental Safeguard System Assessment · 2016. 12. 14. · RBL Program Against ADB’s...

Environmental Safeguard System Assessment

Project Number: 50201 November 2016 PRC: Public-Private Partnerships Demonstration Program to Transform Delivery of Elderly Care Services in Yichang, Hubei

ABBREVIATIONS

ADB – Asian Development Bank ECS – elderly care services EIA – environmental impact assessment EIR – environmental impact report EIRF – environmental impact registration form EIT – environmental impact table EPB – environmental protection bureau EPD – environmental protection department EPL – Environmental Protection Law ESSA – environmental safeguard systems assessment MEP – Ministry of Environmental Protection PMO – program management office PPP – public-private partnerships PRC – People’s Republic of China RBL – results-based loan SPS – safeguard policy statement SPV – special purpose vehicle YCAB – Yichang Civil Affairs Bureau YDRC – Yichang Development and Reform Commission YEPB – Yichang Environmental Protection Bureau YFB – Yichang Finance Bureau YLAB – Yichang Land Administration Bureau YMG – Yichang Municipal Government YPB – Yichang Planning Bureau YUCIDC – Yichang Urban Construction Investment and Development

Company

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Table of Contents

I. Introduction 1 II. Program Environmental and Social Impacts and Risks 2

A. Environmental Impacts and Risks 2 B. Institutional Framework and Risks 3 C. Safeguard Policy Principles Triggered 3

D. Diagnostic Assessment 4 1. Assessment Methodology and Resources 2. Environmental Safeguard Assessment 3. Environmental Safeguard Program Actions

Appendix 1: Assessment of PRC’s Environmental Safeguard Systems for this RBL Program Against ADB’s Environmental Safeguard Policy Principles Triggered

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ENVIRONMENTAL SAFEGUARD SYSTEM ASSESSMENT I. Introduction

1. 1. This environmental safeguard system assessment (ESSA) is formulated for the proposed Results-Based Loan (RBL) for the Public-Private Partnerships (PPP) Demonstration Program to Transform Local Government Delivery of Elderly Care Services in Yichang City in Hubei Province. 2. The program’s impact will be socially inclusive delivery of social services using PPPs. The outcome of the program is quality ECS using PPPs by local governments delivered. The program has two outputs:

(i) Local government capacity to design, procure manage, and deliver effective services through ECS PPPs developed. This output includes capacity building to systematically address the challenges faced by local governments to optimize PPP design and implementation within the national regulatory framework. This will help manage the risk of using PPPs to introduce advanced elderly care concepts, ensuring that the local government has PPP systems in place to (a) introduce innovative and elderly and environmentally sustainable design features in the ECS facilities; (b) develop key performance indicators that take account of international ECS standards and are compatible with national guidelines; (c) develop the PPP structure and financing model, including sustainability and social inclusion strategy; (d) provide transaction support to design and procure the PPP concession contracts with ECS service providers (PPP contracts); (e) perform integrity, financial viability and safeguards due diligence of relevant key stakeholders; (f) develop and deliver a PPP training plan for relevant YMG staff; (g) develop and implement PPP contracts and program monitoring systems in the delivery of services; and (h) disseminate lessons from ECS PPP implementation.

(ii) A socially inclusive PPP demonstration program for the ECS sector in Yichang successfully implemented: Financing will be provided to enable YMG to meet agreed key performance indicators and output targets for well-designed PPPs at four integrated ECS facilities (ECS facilities) incorporating inclusive and best design features. Given the risks associated with introducing a more complex PPP in a third-tier city and to attract service providers rather than developers, the government will provide the land and undertake basic construction of the ECS facilities with appropriate design parameters, and the PPP contract(s) with be executed with the private sector to fully equip, operate and maintain the ECS facilities. The program will support YMG to meet care needs of the majority of its elders which comprise the lower-middle and the middle income range of pensioners and are the principal target beneficiaries of this program. The facilities will include residential, medical, and non-medical services and provide outreach services to support community- and home-based care. Community- and home-based care provisions will be included within the PPP contracts. The services to be provided by the concessionaires to residents and the local community of elderly will cover different levels of care needs (from mildly to fully dependent elderly) and will include, but not be limited to the following: nursing care, skilled cognitive care, day care, social counseling, recreational activities

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and support for activities of daily living such as walking, bathing, dressing, toileting/incontinence, brushing teeth and eating. Home-based care will include a range of services such as housekeeping, shopping support, preparation of meals, routine medical check-ups, and physiotherapy, among others. Every reasonable effort will be made during the PPP procurement process to encourage innovative approaches (such as telemedicine and multi-skilling of care providers) to ECS provision.

2. The ESSA objectives are to: (i) examine the environmental safeguard management and compliance aspects of the PRC’s country safeguard systems to ascertain their congruence with the environmental safeguard policy of the Asian Development Bank (ADB),1 (ii) prepare an environmental safeguard gap analysis for the program, (iii) examine whether the PRC systems are capable of managing safeguard risks, and (iv) recommend actions to strengthen YMG’s and its project management office (PMO) and implementing agency capacity to promote good practices and address the gaps. The methodology for this ESSA followed the guidance on safeguard system assessment of RBL programs provided by ADB (2013).2 It involved document review complimented by field visits and meetings with relevant representatives involved in the RBL program. II. Program Environmental and Social Impacts and Risks

A. Environmental Impacts and Risks 3. The program will involve (i) remodeling of existing buildings to fit the purpose of providing ECS, (ii) demolition of existing buildings, (iii) site formation and construction of new buildings on constructed land, (iv) site formation and construction of new buildings on virgin land, and (v) a combination of the above. One potential environmental benefit is the opportunity to incorporate “green building” and “green spacing” features in building designs. 4. The Program will remodel or demolish and rebuild most of the existing buildings at the 4 sites in Yichang City to meet the ECS facility requirements. The 4 sites are located in Xiling District of the City:

(i) The vacated Yichang Art School site at the intersection of Xinghuo Road and Qixiangtai Road: This building will be remodeled.

(ii) The vacated Yichang Business School site on Desheng Street: Core buildings will be remodeled, and some ancillary building will be demolished or modified.

(iii) The vacated Gezhouba Tourism School site on Yemingzhu Jiawan Road: Some buildings would be retained and remodeled. Some other buildings would be demolished. New buildings and ancillary facilities will be constructed.

(iv) The vacated building of the Xiling Branch of Yichang Municipal Public Security Bureau located next to the Yichang Art School: The buildings will either be remodeled, or demolished and rebuilt.

5. Potential environmental impacts during site formation and building remodeling/ demolition/construction would include fugitive dust generated at construction sites and noise generated from powered mechanical equipment, affecting nearby residents; wastewater and site runoff affecting drainage systems and public roads and streets; the disposal of solid wastes

1 Asian Development Bank. 2009. Safeguard Policy Statement. Manila.

2 Asian Development Bank. 2013. Staff Guidance for Piloting Results-based Lending for Programs. Manila.

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from construction and demolition works; and occupational health and safety of the construction workers. These impacts are temporary and short-term, and could be mitigated to comply with applicable environmental quality and emission/discharge standards. Since these sites are located in the urban area, traffic noise from local roads, especially the Yichang Art School site, could affect future residents at these sites and, therefore, building designs need to consider noise insulation measures. 6. Key environmental impacts during the program operation phase include domestic wastewater and municipal solid waste, generated by the residents and from the canteens on these sites. Domestic wastewater would be discharged to the municipal sewer system and municipal solid waste would be regularly collected by the city sanitation bureau. Based on the above analysis, potential environmental impacts are expected to be minimal. The 4 project sites avoid protected areas, ecologically sensitive habitats, and cultural heritage sites. The environment impact category ‘B’ for the program is confirmed.

B. Institutional Framework and Risks 7. The program executing agency is YMG. It assumes overall accountability for ensuring the success of the proposed ADB-supported elderly care PPP program. The YMG has established a high-level coordinating and program steering group to oversee the preparation and implementation of the program. This steering group would be led by the Vice Mayor with high level representation from the Yichang Finance Bureau (YFB), Yichang Development and Reform Commission (YDRC), Yichang Civil Affairs Bureau (YCAB), Yichang Planning Bureau, Yichang Health and Family Planning Commission, Yichang Land Administration Bureau, Yichang Environmental Protection Bureau and Yichang Urban Construction Investment and Development Company (YUCIDC). Under the steering group, a program management office (PMO) will be established, which would be placed in YFB during the program preparation and PPP operator selection and transferred to YCAB during the PPP contract implementation stage. The PMO director will be appointed by the steering group and members are selected from the relevant government offices such as YFB, YDRC, and YCAB. The PMO will act on behalf of YMG to manage all the preparation and implementation activities, and play a leading role to: (i) communicate and coordinate with ADB; (ii) coordinate with all involved agencies, departments, and institutes for program implementation; (iii) program preparation activities; (iv) submit program implementation progress reports, safeguards monitoring reports, annual audit reports to ADB; (v) carry out program performance and compliance monitoring; and (vi) review withdrawal applications and supporting documents. The PMO will appoint a staff member to coordinate safeguard policy application, safeguard training and monitoring activities.

8. There will be 3 program implementation agencies, including the YFB, YCAB, and YUCIDC. YFB will be responsible for the implementation of capacity building component to optimize PPP design and undertake PPP procurement, and will also support program development and monitoring throughout the life of the program. YUCIDC will be responsible for the basic construction of the proposed ECS facilities. YCAB will be responsible for the implementation of a socially inclusive PPP demonstration program for the ECS sector in Yichang, including the PPP contract management and regulatory supervision of ECS during the facilities equipping and operation stages. 9. The International Division of the Yichang Finance Bureau, the Yichang Civil Affairs Bureau, the Yichang Urban Construction Investment and Development Company (YUCIDC) indicated they lack in-house experience and capacity in implementing the environmental safeguard system. The Yichang Housing Investment Company indicated that it has experience

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in complying with environmental protection and environmental impact assessment laws and regulations on its housing construction projects, but lacks in-house experience and capacity in implementing environmental safeguard system. This indicates the risk of not having sufficiently experienced safeguard specialists at the key program implementation agencies, and the need for safeguard training for officials who will engage in the project. The program construction contractors will too need appropriate exposure to environmental and social safeguard requirements.

C. Safeguard Policy Principles Triggered

10. Table 1 shows that 10 out of 11 environmental safeguard policy principles of the Safeguard Policy Statement (2009) will be triggered by the program. Policy principle 8 on implementing project activities in areas of critical habitats will not be triggered as such areas and locations are excluded from the sites selected for ECS facilities. For policy principle 11 on physical cultural resources, although avoidance during site selection was applied, buried artifacts might be discovered during the construction phase of the program.

Table 1: Environmental Safeguard Policy Principles Triggered

Environmental Safeguard Policy Principles Description

Principle 1. Use a screening process for each proposed project, as early as possible, to determine the extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance or potential impacts and risks.

The RBL program excludes environmental category A projects. Early screening was done to exclude sites with potential environment category ‘A’ impacts.

Principle 2. Conduct an environmental assessment for each proposed project to identify potential direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic and physical cultural resources. Use strategic environmental assessment where appropriate.

The RBL program involves remodeling, construction and/or demolition of buildings which would have potential environmental impacts on nearby sensitive receptors, during construction. Operation of the facilities would generate domestic wastewater and municipal solid waste.

Principle 3. Examine alternatives to the project’s location, design, technology, and components and their potential environmental and social impacts and document the rationale for selecting the particular alternative proposed. Also consider the no project alternative.

The RBL program involves the design of facilities for elderly care services. “Green building” design would be considered alternatives in choosing building materials and energy efficient appliances and fixtures would be analyzed.

Principle 4. Prepare an EMP that includes the proposed mitigation measures, environmental monitoring and reporting requirements, related institutional or organizational arrangements, capacity development and training measures, implementation schedule, cost estimates, and performance indicators.

The RBL program would have potential environmental impacts during the construction and operation phases, as indicated under Principle 2. Implementation of mitigation measures and environmental monitoring during the construction and operation phases would be required to ensure that potential impacts are reduced to acceptable levels.

Principle 5. Carry out meaningful consultation with affected people and facilitate their informed participation. Involve stakeholders early in the project preparation process and ensure that their views and concerns are made known to and understood by decision makers and taken into account. Continue consultations with stakeholders throughout project implementation as necessary to address issues related to environmental assessment. Establish a GRM to receive and facilitate resolution of the affected people’s concerns and grievances regarding the project’s environmental performance.

The RBL program involves provision of elderly care services in the communities. Understanding the views of the communities and future users are important to providing effective and efficient services. Construction of these facilities in the urban area could generate dust and noise impacts during construction, affecting nearby residents resulting in complaints. A project-specific grievance redress mechanism will be established to address and resolve complaints.

Principle 6. Disclose an environmental assessment (including the EMP) in an accessible place and in a form and language(s) understandable to affected people and other stakeholders.

Since the RBL program triggers Principles 2, 4 and 5, it needs to disclose the findings, recommendations, mitigation measures and monitoring results etc. to the affected people and stakeholders

Principle 7. Implement the EMP and monitor its effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports.

This is in support of the RBL program triggering Principles 2, 4, 5 and 6.

Principle 9. Apply pollution prevention and control technologies and practices consistent with international good practices. Adopt cleaner production processes and good energy efficiency practices.

The RBL program would have potential environmental impacts during the construction and operation of facilities. The use of best practice in pollution prevention and control is important to the effective mitigation of potential environmental impacts.

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Environmental Safeguard Policy Principles Description

Principle 10. Provide workers with safe and healthy working conditions and prevent accidents, injuries, and disease. Establish preventive and emergency preparedness and response measures to avoid, and where avoidance is not possible, to minimize adverse impacts and risks to the health and safety of local communities.

The RBL program involves the construction of facilities for elderly care services. Construction industry is considered to be one of the most hazardous industries where construction activities could be hazardous to the safety and health of the construction workers.

Principle 11. Conserve physical cultural resources and avoid destroying or damaging them by using field-based surveys that employ qualified and experienced experts during environmental assessment. Provide for the use of “chance find” procedures that include a pre-approved management and conservation approach for materials that may be discovered during project implementation.

The program has avoided cultural heritage sites during the program site selection. However, buried cultural heritage artifacts could be discovered during construction, in which case domestic requirements will be followed to protect such resources.

D. Diagnostic Assessment

1. Assessment Methodology and Resources

11. Review of documents. Documents reviewed included ADB’s Safeguard Policy Statement (SPS) of 2009; PRC policies and announcements on elderly care; PRC policies, laws, and regulations related to the environment (59 laws, regulations, decrees and announcements, technical guidelines, and environmental standards and limits); and YMG’s strategy and planning documents on elderly care services. 12. Consultation and field visits. As described above, the environmental safeguard specialists in July and August, 2016, visited the 4 program sites to understand the environmental setting around these sites, and consulted with the International Division of the Yichang Finance Bureau (existing PMO) and the Yichang Civil Affairs Bureau, Yichang Land Bureau, and the Yichang Housing Investment Company,and other relevant agencies to ascertain their institutional capacities in environmental safeguard application and training needs.

2. Environmental Safeguard Assessment 13. PRC’s Legal Framework. PRC has established a comprehensive legal and regulatory framework for safeguarding the environment. It consists of laws, regulations and administrative decrees issued by the State Council and the Ministry of Environmental Protection (MEP); environmental guidelines and standards promulgated by MEP; sector-specific guidelines and standards established by the respective administrative authorities, provincial legislation and regulation, and international agreements. Review and diagnostic assessment on 59 relevant environmental safeguard documents revealed that they address all 9SPSenvironmental safeguard principles triggered by this program (Appendix 1). 14. The most far-reaching law is the Environmental Protection Law (EPL) (1989, amended in 2014) (item #3 in Appendix 1). When promulgated in 1989, it set out key principles for the nation’s pollution control system including the policy known as the “Three Simultaneities3” and requirements for environmental impact assessment. The EPL was amended in 2014 and the amended EPL took effect on January 1, 2015. Public participation and environmental information disclosure provisions are among the most significant changes introduced in the amended EPL, further supported by the decrees on the preparation of EIA summaries for the purpose of public disclosure (item #19), and method for public participation in environmental management (item #23).For grievance redress, a hotline number 12369 has been established at each level of environmental protection authority throughout the nation, since

3The “Three Simultaneities Policy” requires the design, construction, and operation of pollution control and treatment

facilities to occur simultaneously with the project design, construction, and operation.

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March 2011 for receiving and resolving environmental complaints in accordance with the Management Measures for Operation of the Environmental Complaint Hotline (MEP Decree [2010] No. 15] (item #17). 15. Environmental impact assessment is governed by the Environmental Impact Assessment Law (2002) (item #11 in Appendix 1), covering EIAs for (i) plans (such as new development areas and new industrial parks) and strategic studies which could also be deemed as strategic environmental assessments, and (ii) construction projects. This was followed by the promulgation of two regulations: the Construction Project Environmental Protection Management Ordinance (1998) (item #13) and the Plan Environmental Impact Assessment Ordinance (2009) (item #14), requiring early screening and environmental categorization, environmental impact assessments for construction projects, environmental monitoring and public consultation. 16. The MEP has issued a series of technical guidelines for the preparation of environmental assessments. These include impact assessment guidelines on general EIA program and principles (items #26 and 31 in Appendix 1), atmospheric environment (item #27), ambient air quality (item #37), surface water (item #28), ground water (item #33), noise (item #29), ecology (items #30 and 32), quality management on environmental monitoring (item #36), and biodiversity assessment (items #35, 38–46). The requirements specified in the technical guidelines on general EIA program (item #26) cover all 9 SPS environmental safeguard principles triggered by this program. 17. The MEP issues two types of environmental standards: environmental quality standards and pollutant emission/discharge standards. The former sets standards for ambient air quality (item #47 in Appendix 1), environmental noise (item #48) and vibration (item #51), surface water quality (item #49), ground water quality (item #53), soil (item #55)and environmental and hygiene standards for construction sites (item #59). The latter controls noise from construction sites (item #52), community noise (item #57), air pollutant emission (item #56) and wastewater discharge (item #50). As described above, future residents at the Yichang Art School site could be impacted by nearby road traffic noise. Design specification for noise insulation of buildings (item #58) would be relevant to this site as well as other sites that might also be affected by high levels of road traffic noise. 18. Institutional Arrangement for Environmental Safeguard Implementation and Enforcement. In the PRC, the enforcement of environmental laws and regulations rests with the environmental protection authorities within each level of government. At the national level, the Ministry of Environmental Protection (MEP) is the regulatory, enforcement and supervision authority. MEP promulgates laws, regulations, environmental standards and technical guidelines on environmental impact assessment and pollution prevention and control. Each province has an Environmental Protection Department (EPD). The EPD acts as the gate-keeper for environmental impact assessment and pollution prevention and control in the province. The provincial EPD is often delegated the authority by MEP to approve environmental impact assessment reports for development planning and construction projects in the province, except those with national interest and those that cross provincial boundaries that would need MEP approval. The environmental management authority at the municipal or county level is the Environmental Protection Bureau (EPB). The EPB enforces environmental laws and conducts environmental monitoring within city or county limits. The EPB could be delegated the authority to approve environmental impact assessments by the provincial EPD. The EPD and EPBs are supported by environmental monitoring stations (who are the qualified entities to carry out environmental monitoring) and environmental protection research institutes (who are among the

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qualified entities to prepare environmental impact assessment reports). The PRC has a qualification and registration system for environmental impact assessment and only qualified and registered institutes and individuals are allowed to undertake environmental impact assessment. Under the recently issued Management Measures for the Qualification of Environmental Impact Assessment for Construction Projects (MEP decree [2015] No. 36) (item #24 in Appendix 1), qualified institutes who prepare environmental impact reports or tables for construction projects in the PRC can no longer be a subsidiary of an environmental authority responsible for approving domestic environmental impact reports or tables as of 1 November 2015.The Yichang Environmental Protection Bureau is the authority to enforce environmental laws and regulations pertinent to this program. 19. Key Gaps. As described above and illustrated in Appendix 1, the 9 SPS environmental safeguard policy principles triggered by this program are covered by the 59 PRC laws, regulations, decrees and announcements, guidelines and standards. There would not be any key gap if these domestic legal requirements and procedures are implemented and enforced during program implementation. 20. Weakness in Implementation Effectiveness. A recent MEP decree, the Directory for the Management of Construction Project Environmental Impact Assessment Categorization (MEP Decree [2015] No. 33) (item #22 in Appendix 1),classifies environmental impact assessments for 199 construction project types/items into 3 categories with different reporting requirements, based on the ‘significance’ of potential environmental impact due to the project and the environmental sensitivity of the project site as described in this Directory. An Environmental Impact Report (EIR) is required for construction projects with potential significant environmental impacts. An Environmental Impact Table is required for construction projects with less significant environmental impacts. An Environmental Impact Registration Form (EIRF)is required for construction projects with the least significant environmental impacts. 21. Construction project type/item 162 in the above Directory refers to sanatoriums, welfare homes and nursing homes, requiring preparation of an EIT for construction of such facility with floor area ≥50,000 m2, and EIRF for the others. This program therefore needs either an EIT or an EIRF for each ECS facility depending on the total floor area of the facility. The following weaknesses in the local environmental safeguard system are apparent: (i) Information disclosure and public participation requirements specified in items #3, 11, 19

and 23 in Appendix 1 apply to EIR, but not to EIT and EIRF. Therefore the domestic procedure of adopting EITs and EIRFs for the ECS facilities in this program might not fully satisfy ADB’s environmental safeguard policy principles 5 and 6.

(ii) While the preparation of EIRs and EITs requires qualified environmental institutes according to item #24 in Appendix 1, the preparation of EIRFs does not require any specific qualification, meaning that the project proponent, who might not have any expertise or experience in environmental safeguard, could prepare the EIRF. The use of an EIRF for the ECS facilities in this program might not fully satisfy all the nine environmental safeguard policy principles triggered by this RBL program.

22. The above weaknesses as well as other potential environmental and/or institutional risks identified in the assessment will be dealt with in the environmental safeguard action plan.

3. Environmental Safeguard Program Actions

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23. Diagnostic analysis described above indicates that the PRC environmental safeguard system is comprehensive. Applicable laws, regulations, administrative decrees, technical guidelines and environmental quality and pollutant emissions standards, if followed, would meet all ADB SPS environmental safeguard policy principles applicable to this program. However, the weakness in effective implementation of PRC requirements lies in the types of environmental impact assessment needed for the project, namely, either EIT or EIRF according to the Directory for the Management of Construction Project Environmental Impact Assessment Categorization (MEP Decree [2015] No. 33) (item #22 in Appendix 1) based on the floor area of the elderly care service facility. An EIRF is unable to address ADB’s environmental safeguard policy principles because it does not have to be prepared by a qualified institute and the content is very preliminary in addressing the environmental issues. Therefore EIRFs cannot be adopted in this program, and all domestic environmental impact assessments for this program shall use EITs. However, EITs have no requirement on alternative analysis, information disclosure, public consultation, and environmental management plan and therefore unable to address all applicable ADB environmental safeguard policy principles in its present form. 24. Table 2 presents the action plan for environmental safeguard system to be adopted by the EA of the program. It specifies that domestic environmental impact assessment shall use EIT, with the inclusion of all the items listed in the action plan. The procedures for these items shall follow domestic requirements and procedures as specified in the action plan, since it is the intention of the RBL program to utilize domestic policies, laws and procedures in meeting ADB safeguard requirements. With the implementation of this action plan using domestic procedures to address all the items, it is possible to meet ADB’s environmental safeguard policy requirements. This action plan also forms a checklist for ADB review to determine whether its environmental safeguard policy principles are met during the construction and operation of the elderly care service facilities.

Table 2: Detailed Environmental Action Plan

Environmental Safeguard Action

Domestic Procedures and Requirements during RBL Program Implementation

ADB Environmental Safeguard Policy

Principles and Other Requirements

1 Conduct environmental impact assessment

1.1 Prepare Environmental Impact Table [EIRFs shall not be used for ECS facilities in this Program]

The EIT shall be prepared in accordance with the following: 1. To adequately address ADB’s environmental safeguard policy principles, the

content of the EIT shall adopt reporting requirements for EIR specified in Article 17 of the Environmental Impact Assessment Law, 2002, and Articles 25 and 26 of the Management measures for the qualification of environmental impact assessment for construction projects (MEP decree [2015] No.36. The EIT shall be prepared by qualified institutes in accordance with Articles 3 and 7 of the Management measures for the qualification of environmental impact assessment for construction projects(MEP decree [2015] No. 36).

2. The technical content of the EIT shall comply with the requirements in Articles

3 to 15 in HJ 2.1-2011 Technical guidelines for environmental impact

assessment – general program.

3. Air quality impact assessment shall be in accordance with the requirements and procedures in HJ 2.2-2008 Guidelines for environmental impact assessment – atmospheric environment.

4. Noise impact assessment shall be in accordance with HJ 2.4-2009 Technical guidelines for noise impact assessment.

5. Surface water quality assessment shall be in accordance with HJ/T 2.3-93 Technical guidelines for environmental impact assessment – surface water environment and the discharge of wastewater during construction and operation shall comply with the Water Pollution Prevention and Control Law, 1984 (amended in 2008)and GB 8978-1996 Integrated wastewater discharge standard.

Principle 2 Principle 3 Principle 4

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Environmental Safeguard Action

Domestic Procedures and Requirements during RBL Program Implementation

ADB Environmental Safeguard Policy

Principles and Other Requirements

6. Ecological impact assessment shall be in accordance with HJ 19-2011 Technical guidelines for environmental impact assessment – ecological impact.

7. Solid waste impact assessment and management during construction and operation shall be in accordance with the Solid Waste. Environmental Pollution Prevention and Control Law, 1995 (amended in 2004) and Specifications on the management of urban construction and demolition waste (Ministry of Construction Decree [2005] No. 139).

8. Alternative analysis shall be in accordance with the requirements in Article 14 of the HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program.

9. Pollution prevention and control shall be in accordance with the “Three Simultaneity” (specified in Article 41 of the Environmental Protection Law, 1989 (amended in 2014); Article 16 of the Construction Project Environmental Protection Management Ordinance, 1998.

10. An environmental management plan (EMP) shall be prepared in accordance with Article 17 of the Environmental Impact Assessment Law, 2002; Article 8 of the Construction Project Environmental Protection Management Ordinance, 1998; and Article 10 of HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program to include environmental management/protection measures and environmental monitoring during project implementation.

10. The EIT shall obtain approval from the Yichang Environmental Protection Bureau.

1.2 Conduct public consultation and information disclosure

During EIT preparation, public consultation and information disclosure shall be conducted in accordance with Articles 53 and 56 of the Environmental Protection Law, 1989 (amended in 2014); Article 21 of the Environmental Impact Assessment Law, 2002, Method for public participation in environmental protection {MEP Decree [2015] No. 35} and Article 8 of HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program.

Principle 5 Principle 6

2 Implement the following during project construction and operation

2.1 Environmental management plan

Implementation of the EMP during project implementation shall be in accordance with Article 19 of the Construction Project Environmental Protection Management Ordinance, 1998and Article 10 of HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program.

Principle 7 Principle 9

2.2 Grievance redress mechanism

The GRM during project implementation shall adopt the environmental complaint hotline number 12369 and its operation and management shall be in accordance with Management measures for operation of the environmental complaint hotline (MEP Decree [2010] No. 15).

Principle 5

2.3 Occupational health and safety

Protection of the occupational health and safety of construction workers shall be in accordance with Article 54 of the Labor Law, 1994; the Occupational Disease Prevention and Control Law, 2001; and JGJ 146-2004 Environmental and hygiene standards for construction sites.

Principle 10

2.4 Environmental supervision

Environmental supervision shall be conducted during facility construction according to the method for environmental supervision (MEP Decree [2012] No. 21)

Principle 7

2.5 Physical cultural resources

Handling of buried cultural heritage artifacts discovered during program implementation shall follow requirements in the Cultural Relics Protection Law, 2002 and the Cultural Relics Protection Law Implementation Ordinance, 2003

Principle 11

2.6 Public consultation Public consultation shall be conducted during project implementation in accordance with Articles 53 and 56 of the Environmental Protection Law, 1989 (amended in 2014); Article 21 of the Environmental Impact Assessment Law, 2002;Method for public participation in environmental protection [MEP Decree [2015] No. 35; and Article 8 of HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program.

Principle 5

2.7 Reporting For ADB environment category B projects, the executing agency shall submit an EMR to ADB annually until PCR is accepted by ADB.

ADB reporting requirement

ADB = Asian Development Bank, EIT = environmental impact table, EMP = environmental management plan, EMR = environmental monitoring report, GRM = grievance redress mechanism, PCR = project completion report. Source: Asian Development Bank.

12 Appendix 1

Assessment of PRC’s Environmental Safeguard Systems for this RBL Program against ADB’s Environmental Safeguard Policy Principles Triggered

PRC Environmental Safeguard System Relevant to this RBL program ADB Safeguard Policy Statement (2009) Environmental Safeguard

Policy Principles (see below)

1 2 3 4 5 6 7 9 10

Laws

1 Water Pollution Prevention and Control Law, 1984 (amended in 2008)

Article 9: discharge of water pollutants must not exceed applicable discharge standards and total quantity control indicators. Article 17: conducting EIA in accordance with legal requirement for new construction, re-construction and expansion of development projects that directly or indirectly discharge pollutants to water bodies. Article 23: prohibition on the discharge of industrial waste, municipal solid waste and other wastes to water bodies Article 34: restrictions on stockpiling and storage of solid waste and other polluting materials near water bodies Article 38: prevention of ground water pollution during underground construction activities Articles 56-65: protection of drinking water resources and restrictions on construction projects within the drinking water protection zones

2 Wild Animal Protection Law, 1988 (amended in 2004)

Article 2: protection of valuable and endangered aquatic and terrestrial wild animals, and terrestrial animals with beneficial and important economic and scientific research values. Other aquatic animals protected by suitable fishery laws. Article 8: protection of wild animals and their habitats, and prohibition on hunting and habitat destruction Article 20: prohibition on hunting and activities affecting wild animals resting and breeding in nature reserves and other restricted hunting areas and periods.

3 Environmental Protection Law, 1989 (amended in 2014)

Article 29: protection of ecosystems, endangered species, forest for water source protection, important geological sites, cultural relics, old trees. Article 32: protection of air, water and soil; establish investigation, monitoring, assessment and restoration systems Article 39: establishes environmental and health monitoring, investigation and risk assessment system to prevent and control environmentally related diseases Article 41: adoption of the Three Simultaneities in pollution prevention and control in construction projects Article 42: enterprises discharging pollutants shall establish an environmental responsibility system to clearly specify the duties of the responsible persons for the enterprise and environment Article 53: disclosure and public participation related to environmental information Article 56: full disclosure and public consultation on construction project EIA Article 63: penalties for construction projects without EIA.

4 Soil and Water Conservation Law, 1991 (amended in 2010)

Article 26: preparation and approval of soil and water conservation plan Article 27: Three Simultaneities on implementation of the soil and water conservation plan Article 28: integrated re-use of spoil generated Article 29: tracking and inspection of soil and water conservation plan implementation by relevant authorities Article 38: stripping, storage and reuse of top soil, balance the excavation and backfilling Article 41: monitoring during project implementation by qualified institution commissioned by project proponent

5 Labor Law, 1994 Article 54: occupational health and safety, provision of health and safety protection equipment and health inspection

6 Solid Waste Environmental Pollution Prevention and Control Law, 1995 (amended in 2004)

Article 13: the need to conduct EIA for construction projects generating solid waste and projects involving storage, utilization and treatment of solid waste. Article 14: application of the Three Simultaneities for solid waste mitigation measures specified in construction project EIAs. Article 15: site inspection on solid waste pollution prevention and control measures by relevant environmental protection authorities Article 16: solid waste generators responsible for adopting measures to prevent or minimize pollution from solid waste Article 17: restrictions on handling, transport and disposal of solid waste Article 46: handling of solid waste generated during construction Articles 50-66: restrictions and requirements for hazardous waste producers on the storage, transport and disposal of

Appendix 1 13

PRC Environmental Safeguard System Relevant to this RBL program

ADB Safeguard Policy Statement (2009) Environmental Safeguard Policy Principles (see below)

1 2 3 4 5 6 7 9 10

hazardous wastes.

7 Environmental Noise Pollution Prevention and Control Law, 1996

Article 13: construction projects with potential noise pollution shall provide EIA with noise pollution prevention and control measures, as well as opinions from the affected people. Article 14: Three Simultaneities for noise prevention and control measures, and shall undergo acceptance inspection by the EIA approval authority at project completion. Article 36: adoption of noise insulation or other effective mitigation measures in noise sensitive areas potentially affected by road noise from highways, interchanges and railroads

8 Air Pollution Prevention and Control Law, 2000 (amended in 2015)

Article 18: enterprises generating air pollution shall prepare EIA which shall be disclosed to the public and shall comply with emission standards. Article 69: inclusion of dust suppression costs into engineering costs and clear specifications on contractors’ dust suppression responsibilities; implementation of dust suppression measures during construction. Article 70: enclosure of dusty materials during transportation Article 72: dust suppression measures for stockpiling of dusty materials and spoil storage and disposal sites

9 Occupational Disease Prevention and Control Law, 2001

Articles 4-6: responsibility of employer to provide suitable working environment, measures and insurance to protect the workers’ occupational health Article 8: implementation of the occupational health supervision system Article 13: occupational health requirements in the work place Articles 15-16: occupational health requirements for construction projects Articles 19-38: employers’ management measures for occupational health protection

10 Water Law, 2002 Article 35: construction projects affecting irrigation or drinking water sources shall adopt mitigation measures and if needed provide compensation. Article 38: placement of river crossing bridges shall comply with national flood control standards

11 Environmental Impact Assessment Law, 2002 Article 5: public participation in the environmental impact assessment (EIA) process Articles 7-15: plan EIA Articles 16-28: construction project EIA Article 16: environmental impact reporting categorization for construction projects Article 17: EIA to include recommendation on environmental monitoring during project implementation Article 21: public consultation

12 Promotion of Circular Economy Law, 2008 Article 23: encouragement on the manufacturing of construction and building materials using non-toxic and inert solid waste Article 33: integrated re-use of construction and demolition waste by construction units

Regulations

13 Construction Project Environmental Protection Management Ordinance, 1998

Article 6: the national EIA system for construction projects Article 7: environmental impact reporting categorization [environmental impact report (EIR), environmental impact table (EIT) and environmental impact registration form (EIRF)] Article 8: contents of the EIR including recommendations on environmental monitoring as a follow up action. The need to prepare soil and water conservation plan for construction projects affecting soil erosion. Articles 9-11: approval of EIR, EIT and EIRF Article 12: conditions for the need to revise EIR, EIT and EIRF Articles 13-14: qualifications for units undertaking environmental impact assessment Article 16: the need to adopt Three Simultaneities for environmental protection measures Article 19: the need to conduct environmental monitoring during project implementation Articles 20-23: environmental acceptance inspection on completion of construction and project commissioning Article 37: plan EIA for developments in water catchment, new development areas, new urban districts and urban renewal

14 Plan Environmental Impact Assessment Ordinance, 2009

Article 2: types of developments or activities requiring plan EIA Article 4: establishment of an information sharing system for plan EIAs

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1 2 3 4 5 6 7 9 10

Articles 8-11: contents of plan EIA Article 13: public consultation on plan EIA Article 14: revision of plan EIA Articles 15-22: approval or disapproval of plan EIA Article 23: construction project EIA can make reference to plan EIA Articles 24-30: follow up assessments

Decrees and Announcements

15 Specifications on the management of urban construction and demolition waste (Ministry of Construction Decree [2005] No. 139)

Article 2: definition of construction and demolition (C&D) wastes Article 4: encouragement on recycling and re-use of C&D wastes Article 6: environmental sanitation authorities to formulate C&D waste management plans Article 9: prohibition on mixing of C&D waste with municipal solid waste (MSW) Articles 11-17: restrictions on the handling of C&D wastes

16 Management procedures for the supervision, inspection and environmental acceptance of construction projects under the “Three Simultaneities” (on trial) (MEP Announcement [2009] No. 150)

Article 9: contents of supervision and inspection related to the Three Simultaneities. Articles 10-11: reporting on environmental acceptance inspection Articles 12-13: procedures in handling non-compliance with the Three Simultaneities Articles 16-24: management of environmental acceptance inspection at completion of construction

17 Management measures for operation of the environmental complaint hotline (MEP Decree [2010] No. 15)

Article 2: establish #12369 as the complaint hotline number at all levels of environmental authorities throughout the nation. Article 6: duties and responsibilities of the hotline operator Article 7: qualifications of personnel operating the hotline Articles 8-15: Complaint hotline process flow

18 Method for environmental supervision (MEP Decree [2012] No. 21)

Article 2: environmental supervision under this Decree is defined as regulatory enforcement by relevant authorities Article 6: description on the major duties in environmental supervision Articles 7-17: institutional arrangement and personnel for undertaking environmental supervision Articles 18-30: specifications on the tasks, duties and responsibilities in environmental supervision

19 Requirement for preparation of environmental impact report summary (MEP Announcement [2012] No. 51)《建设项目环境影响报告书简本编制要求》环境保护部公告2012年第51号

Article 1: the summary to include the executive summary and the public consultation chapter in the environmental impact report, for public disclosure on the web-site of the relevant environmental authorities during review and approval process. Article 2: requirements on the contents of the summary

20 Air pollution prevention and control action plan (State Council Announcement [2013] No. 37)

Article 2: strengthen the supervision and control of dust from construction sites and haul roads, during transport of dusty materials, material stockpiles etc. Article 23: capacity building in environmental monitoring and supervision Article 24: increase of enforcement effort Article 25: implementation of environmental information disclosure by environmental authorities and enterprises

21 Policy on integrated techniques forair pollution prevention and control of small particulates (MEP Announcement [2013] No. 59)

Article 5: prevention and control of dust pollution from roads, construction sites and haul roads, vehicles transporting dusting materials, and material stockpiles, etc. Attachment #3: techniques in prevention and control of dust pollution

22 Directory for the management of construction project environmental impact assessment categorization (MEP Decree [2015] No. 33)

Article 2: description on the categories for EIA reporting in forms of Environmental Impact Report (EIT), Environmental Impact Table (EIT) and Environmental Impact Registration Form (EIRF) based on the degree of environmental impact. Article 3: definition of environmental sensitive areas

23 Method for public participation in environmental protection {MEP Decree [2015] No. 35}

Article 1: reinforcement on public participation being a legal requirement Article 4: public participation may include consultation, questionnaire survey, discussion forum, expert panel, public hearing etc. Article 5: description of information content for public disclosure Article 9: consideration of public suggestions and recommendations in the decision making process Article 10: environmental authorities to support and encourage public participation and supervision

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Article 11: public complaint could be through email, fax, telephone, government web-site and local environmental complaint hotline number 12369 Article 16: environmental litigation based on public interest

24 Management measures for the qualification of environmental impact assessment for construction projects (MEP decree [2015] No. 36)

Chapter 2: qualification of institutes for environmental impact assessment Chapter 3: application and inspection of qualification Chapter 4: management of institutes for environmental impact assessment Chapter 5: supervision and inspection of institutes for environmental impact assessment Chapter 6: legal responsibilities

Guidelines

25 GB/T 24001-2004 Environmental management systems – requirements with guidance for use

Equivalent to ISO14001-2004 Article 4.2: establishment of environmental policy Article 4.3.2: legal and other requirements Article 4.3.3: environmental objectives, standards and measures Article 4.4.2: capacity building and training Article 4.4.3: information disclosure internally and externally Article 4.5: inspection and monitoring Article 4.5.3: corrective and preventive measures Article 4.5.5: internal audits Article 4.6: audits by management Attachment A: guidance on using this standard

26 HJ 2.1-2011 Technical guidelines for environmental impact assessment – general program

Article 2: definitions of terms and glossaries used in EIAs, including environmentally sensitive areas Article 3.1: typical workflow in the EIA process Article 3.2: EIA principles, including legal compliance, early entry in project cycle, comprehensiveness and extensive participation by experts and stakeholders Articles 3.6-3.7: determination of assessment areas and standards Article 3.8: selection of impact assessment methodologies Article 5: requirements for baseline environmental investigation, including the physical environment, ecology, social environment and pollution sources Article 6: requirements for impact assessment and prediction Article 6: social impact assessment Article 8: public participation Article 9: environmental protection measures with verification on economic and technical feasibility Article 10: environmental management and monitoring during project implementation Article 12: total quantity control of pollutants Article 13: economic evaluation of environmental impacts Article 14: analysis of alternatives from an environmental protection perspective Article 15: overall requirements for report preparation

27 HJ 2.2-2008 Guidelines for environmental impact assessment – atmospheric environment

Article 2: definitions of terms and glossaries Articles 4.1-4.2: assessment tasks and procedures Articles 5.4-5.5: determination of assessment area and air quality sensitive area Article 6: investigation and analysis of pollution sources Article 7: investigation and analysis of existing ambient air quality Article 8: requirements for meteorological monitoring data Article 9: assessment and prediction of air quality impacts Article 10: determination of buffer distance requirements Attachment A: list of recommended air quality numerical models

28 HJ/T 2.3-93 Technical guidelines for Article 3: definition of terms and glossaries

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environmental impact assessment – surface water environment

Article 4.5: surface water quality impact assessment procedures flow diagram Article 6: investigation and analysis of baseline surface water quality Article 6.4: investigation of existing pollution sources Article 7: assessment and prediction of surface water quality impacts, including numerical modelling methodologies Article 8.4.3: environmental protection measures to include both pollution reduction measures and environmental management (including environmental monitoring) measures

29 HJ 2.4-2009 Technical guidelines for noise impact assessment

Article 3: definition of terms and glossaries Article 4.4: noise impact assessment procedures flow diagram Article 4.5: assessment time horizon Article 6: assessment area and basic requirements Article 7: investigation and analysis of baseline noise environment Article 8: prediction of noise impacts Article 9: assessment of noise impacts Article 10: noise prevention and control measures Attachment A: calculation methods for noise prediction

30 HJ 19-2011 Technical guidelines for environmental impact assessment – ecological impact

Article 3: definition of terms and glossaries Article 4.3: assessment area Article 6: investigation and analysis of baseline ecology Article 7: prediction and assessment of ecological impacts Article 8: protection, restoration, compensation and alternative schemes Attachment A: baseline ecological survey methodologies Appendix C: recommended ecological impact assessment and prediction methodologies (including methodology for biodiversity assessment)

31 HJ 130-2014 Technical guidelines for plan environmental impact assessment - general principles

Article 3: definition of terms and glossaries Article 4.3: assessment area Article 4.4: assessment procedures Article 6: investigation and analysis of existing environment, including physical environment, ecology, resources, socio-economics, etc.) Article 7: Formulation of environmental objectives and environmental standards Article 8: Prediction and assessment of environmental impacts Article 9: verification of the planning proposal and recommendations for optimization Article 10: environmental mitigation measures Article 11: follow up environmental impact assessment Article 12: public participation Article 14: reporting requirements Attachment A: brief introduction of plan environmental impact assessment methodologies

32 HJ 192-2015 Technical criterion for ecosystem status evaluation

Article 3: definition of terms and glossaries Article 4: work flow for evaluation of existing ecosystem status Article 5: ecological status assessment indicators and calculation methods Article 6: indicators and calculation methods for ecological status assessment of topical ecological functional zones Attachment A: definition of indicators and data sources

33 HJ 610-2011 Technical guidelines for environmental impact Assessment – groundwater environment

Article 3: definition of terms and glossaries Article 4.3: procedures and work flow Article 5: identification of impacts on groundwater Article 7: technical requirements for assessing impacts on groundwater Article 8: investigation and analysis of existing groundwater quality Article 9: prediction of impact on groundwater quality

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1 2 3 4 5 6 7 9 10

Article 10: assessment of impact on groundwater quality Article 11: pollution prevention and control measures Article 12: requirements for preparation of impact assessment reports and topical reports

34 HJ 616-2011 Guidelines for technical review of environmental impact assessment on construction projects

Article 1: guidance for technical review of environmental impact assessment reports Article 3: definition of terms and glossaries Article 4: procedures and work flow for technical review Article 5: principles, contents and methods for technical review, including public review of public opinions obtained during the EIA process Article 6: key points and requirements in technical review

35 HJ 623-2011 Standard for the assessment of regional biodiversity

Article 3: definition of terms and glossaries Article 4: assessment area and targets Article 5: collection and treatment of data Article 6: normalization of assessment indicators Article 7: weighting of assessment indicators Article 8: biodiversity calculation methods Article 9: classification of biodiversity status

36 HJ 630-2011 Technical guideline on environmental monitoring quality management

Article 3: definition of terms and glossaries Article 4: basic requirements for environmental monitoring quality assurance system Article 5: quality assurance and control methods during environmental monitoring Attachment A: environmental monitoring report format

37 HJ 663-2013 Technical regulation for ambient air quality assessment (on trial)

Article 3: definition of terms and glossaries Article 4: assessment area and parameters Article 5: assessment methodology Article 6: requirements for statistical data

38 HJ 710.1-2014 Technical guidelines on biodiversity monitoring - terrestrial vascular plants

Article 3: definition of terms and glossaries Article 5: monitoring methods Article 6: monitoring contents and indicators Article 7: monitoring duration and frequency Article 8: data treatment and analysis Article 9: quality assurance

39 HJ 710.2-2014 Technical guidelines on biodiversity monitoring -lichens and bryophytes


40 HJ 710.3-2014 Technical guidelines on biodiversity monitoring - terrestrial mammals,

Article 3: definition of terms and glossaries Article 5: monitoring methods Article 6: monitoring contents and indicators Article 7: monitoring duration and frequency Article 8: quality assurance

41 HJ 710.4-2014 Technical guidelines on biodiversity monitoring – birds


18 Appendix 1



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42 HJ 710.5-2014 Technical guidelines on biodiversity monitoring – reptiles


43 HJ 710.6-2014 Technical guidelines on biodiversity monitoring - amphibians

Article 3: definition of terms and glossaries Article 5: monitoring methods Article 6: monitoring contents and indicators Article 7: monitoring duration and frequency Article 8: quality assurance

44 HJ 710.7-2014 Technical guidelines on biodiversity monitoring - inland water fish


45 HJ 710.8-2014 Technical guidelines on biodiversity monitoring - freshwater benthic macroinvertebrates


46 HJ 710.9-2014 Technical guidelines on biodiversity monitoring – butterflies


Standards (environmental quality and emission / discharge)

47 GB 3095-2012 Ambient air quality standards Article 3: definition of terms and glossaries Article 4: classification of ambient air functional zones and air quality requirements Article 5: ambient air quality monitoring Article 6: specifications on the validity of data statistics

48 GB 3096-2008 Environmental quality standard for noise

Article 3: definition of terms and glossaries Article 4: classification of noise functional zones Article 5: ambient noise limits Article 6: ambient noise monitoring requirements Article 7: requirements for the designation of noise functional zones Article 8: requirements for the implementation of noise standards

49 GB 3838-2002 Environmental quality standards for surface water

Article 3: classification of water functional zones and standards Article 4: water quality standards Article 5: water quality assessment Article 6: water quality monitoring Article 7: implementation and supervision of water quality standards

50 GB 8978-1996 integrated wastewater discharge standard

Article 3: definition of terms and glossaries Article 4.1: classification of standards

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1 2 3 4 5 6 7 9 10

Article 4.2: discharge standards Article 5: monitoring

51 GB 10070-88 Standard of environmental vibration in urban area

Article 3: standards and their application to suitable areas Article 4: monitoring method

52 GB 12523-2011 Emission standard of environmental noise for boundary of construction site

Article 3: definition of terms and glossaries Article 4: ambient noise limits Article 5: monitoring method Article 6: assessment of monitoring results

53 GB/T 14848-93 Quality standard for ground water

Article 4.1 : classification of groundwater quality Article 4.2: groundwater quality standards Article 5: groundwater quality monitoring Article 6: groundwater quality assessment Article 7: protection of groundwater quality

54 GB/T 15190-2014 Technical specifications for regionalizing environmental noise function

Article 3: definition of terms and glossaries Article 4: classification of noise functional zones Articles 4-8: basic principles, rationale, procedures and methods in the designation of noise functional zones

55 GB 15618-1995 Environmental quality standard for soils

Article 3: classification of soil quality Article 4: soil quality standards Article 5: monitoring

56 GB 16297-1996 Air pollutant integrated emission standards

Article 3: definition of terms and glossaries Article 6 and Table 1: emission standards, including fugitive emission of particulate matters and asphalt fumes Article 8: monitoring

57 GB 22337-2008 Emission standard for community noise

Article 3: definition of terms and glossaries Article 4: environmental noise emission standards Article 5: monitoring methods Article 6: assessment of monitoring results Article 7: supervision on implementation of standards

58 GB 50118-2010 Design specifications for noise insulation of buildings for civil use

Article 2: master plan design for noise pollution prevention Article 3: design codes for residential buildings Article 4: design codes for schools Article 5: design codes for hospitals Article 6: design codes for hotels

59 JGJ 146-2004 Environmental and hygiene standards for construction sites

Article 3: environmental protection against air pollution, soil erosion and noise pollution Article 4: environmental sanitation for temporary facilities, hygiene and disease prevention

Notes: ADB’s environmental safeguard principle addressed by the PRC document ADB = Asian Development Bank, EIA = environmental impact assessment; EIR = environmental impact report; EIRF = environmental impact registration form; EIT = environmental impact table; EMP = environmental management plan; MEP = Ministry of Environmental Protection; PRC = Peoples’ Republic of China

ADB Safeguard Policy Statement (2009) Environmental Safeguard Policy Principles Triggered

1 Use a screening process for each proposed project, as early as possible, to determine the appropriate extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance of potential impacts and risks.

2 Conduct an environmental impact assessment for each proposed project to identify potential, direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic (including impacts on livelihood through environmental media, health and safety, vulnerable groups, and gender issues), and physical cultural resources in the context of the project’s area of influence. Assess potential transboundary and global impacts, including climate change. Use strategic environmental assessment where appropriate.

3 Examine alternatives to the project’s location, design, technology, and components and their potential environmental and social impacts and document the rationale for selecting the particular alternative proposed. Also consider the no project

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alternative.

4 Avoid, and where avoidance is not possible, minimize, mitigate and/or off set adverse impacts and enhance positive impacts by means of environmental planning and management. Prepare an environmental management plan (EMP) that includes the proposed mitigation measures, environmental monitoring and reporting requirements, related institutional or organizational arrangements, capacity development and training measures, implementation schedule, cost estimates, and performance indicators. Key considerations for EMP preparation include mitigation of potential adverse impacts to the level of no significant harm to third parties, and the polluter pays principle.

5 Carry out meaningful consultation with affected people and facilitate their informed participation. Ensure women’s participation in consultation. Involve stakeholders, including affected people and concerned nongovernment organizations, early in the project preparation process and ensure that their views and concerns are made known to and understood by decision makers and taken into account. Continue consultations with stakeholders throughout project implementation as necessary to address issues related to environmental assessment. Establish a grievance redress mechanism to receive and facilitate resolution of the affected people’s concerns and grievances regarding the project’s environmental performance.

6 Disclose a draft environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. Disclose the final environmental assessment, and its updates if any, to affected people and other stakeholders.

7 Implement the EMP and monitor its effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports.

9 Apply pollution prevention and control technologies and practices consistent with international good practices as reflected in internationally recognized standards such as the World Bank Group’s Environmental, Health and Safety Guidelines. Adopt cleaner production processes and good energy efficiency practices. Avoid pollution, or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct and indirect greenhouse gases emissions, waste generation, and release of hazardous materials from their production, transportation, handling, and storage. Avoid the use of hazardous materials subject to international bans or phase outs. Purchase, use, and manage pesticides based on integrated pest management approaches and reduce reliance on synthetic chemical pesticides.

10 Provide workers with safe and healthy working conditions and prevent accidents, injuries, and disease. Establish preventive and emergency preparedness and response measures to avoid, and where avoidance is not possible, to minimize, adverse impacts and risks to the health and safety of local communities.

11 Conserve physical cultural resources and avoid destroying or damaging them by using field-based surveys that employ qualified and experienced experts during environmental assessment. Provide for the use of “chance find” procedures that include a pre-approved management and conservation approach for materials that may be discovered during project implementation

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