(Promnlgated by the State Planning Commission and the Environmental Proteation Commission of the State Council on March 20, 1987)ª¤

Chapter I General Provisions

Article 1  These Provisions have been worked out on the basis of "The Environmental Protection Law of the People's Republic of China (for trial implementation)" and the "Management Guidelines on Environmental Protection of Construction Projects" etc.ª¥

Article 2  The engineering design of environmental protection shall comply with the national relevant laws and regulations, ensure the rational exploitation and full utilization of various natural resources, strictly control environmental pollution, protect and improve the ecological environment.

Article 3  These Provisions apply to all of the new construction, expansion, modification and technical renovation projects of industry, transportation, water conservancy, agriculture and forestry, commerce, health, culture and education, scientific research, tourism, municipal utilities, airports, etc., including all of the construction projects for regional development, as well as the imported projects such as Sino-foreign joint ventures, cooperative projects and foreign exclusive invested projects (herein after refer to as construction projects) which will establish within the territory of the People's Republic of China, and will exert impact on the environment.ª¥

Article 4  The engineering design units and the clients of the construction projects shall be responsible for the implementation of these Provisions.ª¥

Chapter II Requirements of Environmental Protection In Different Period of Engineering Design

Article 5  The environmental engineering design shall be carried out in compliance with the planning and engineering procedures set by the State; subject to the making and approving system of the Environmental Impact Statement or Form (EIS or EIF) as well as the principle of "simal-taneities", i. e. the facilities for the prevention of pollution and other hazards to the public shall be designed, built and commissioned simultaneousl as the main project.ª¥

Article 6  Period of Project Proposal: On the basis of the relevant data of the project, such as its nature, size, and the existing environmental condition in the construction area, a brief explanation about the potential environmental impact of the construction project in operation shall be envisaged in the project proposal, the main contents are as follows:

1) the existing environmental condition of the area where the project proposed to be located;

2) the analysis on the potential environmental impact caused by the project;

3) the opinions and requirements of the local environmental protection authority;

4) existing problems.ª¥

Article 7  Period of Feasibility Study (Project Assignment Study): According to the stipulations of "Management Guidelines on Environmental Protection of Construction Projects", for all projects which are required to have EIS or EIF, a EIS or EIF shall be prepared in accordance with the Annex I or Annex II of the"Management Guidelines ".

In the feasibility study report of a project, there shall be special statement on environmental protection, its main contents are as follows:

1) the existing environmental conditions of the construction area;

2) the main sources of pollution's and pollutants;

3) possible ecological changes caused by the explication of resources;

4) the environmental protection standards using in engineering design;

5) the preliminary programme to control pollution and the ecological changes;

6) investment estimate for environmental protection;

7) the conclusion of environmental impact assessment or environmental impact analysis;

8) existing problems and suggestions.ª¥

Article 8  Period of preliminary Design: The preliminary design of a aproject shall contain a separate chapter (section) on environmental protection to embody the specified measures of environmental protection indicated in EIS (EIF) and the comments in examination and approval of EIS (F). The chapter on environmental protection should consist of the following items:

1) basis of environmental protection design;

2) sorts, names, quantities, concentrations or intensities and discharging patterns of the main pollutants and their sources;

3) the environmental protection standards adopted in the engineering design.

4) The facilities of environmental protection engineering, its brief technological processes, and expected results;

5) Protective measures adopted to prevent the deterioration of ecosystem caused by the construction project;

6) Landscape engineering;

7) Environmental management organization and its staffs;

8) Environmental monitoring organization;

9) The budgetary estimate of investment for environmental protection;ª¥

10) Existing problems and suggestions.ª¥

Article 9  Period of Working Drawing Design: The working drawing design of the environmental protection facilities in a project shall follow the measures and requirements fixed in the ratified preliminary design and its chapter on environmental protection.ª¥

Chapter III Location of Site and General Arrangement

Article 10  As for location of site or route of construction project, the natural environment and social environment of the construction area shall be considered comprehensively; investigation and research works on the status quo and the development planning of the locating area n geography, topography, geology, hydrology, meteorology, scenic spots and historical sites, urban and rural planning, land utilization, distribution of industry and agriculture, nature conservation areas and other factors should be made; after synthetical analysis and appraisal on the basis of collecting the background data of the construction area, such as, atmosphere, water bodies, soil and other fundamental environmental factors, the optimum engineering alternatives should be worked out .ª¥

Article 11  Any construction project which will generate toxic, hazardous substances or factors such as waste water, waste gas, waste residue (liquid), unpleasant odour, noise, radioactive element, etc. is strictly prohibited from locating in residential areas, and culture and education areas designated in the municipal planning, as well as water sources protection zones, places of historical interest, scenic spots and recreational areas, hot springs, hot springs, health re-sorts, nature conservation areas, etc.Route location for railway and highway should make the destruction and pollution on the ecosystems along the line as little as possible.

Article 12  The construction project which discharge toxic and hazardous gases should be set on the windward side with the smallest pollution coefficient (wind frequency/wind speed) to the residential area. Those who discharge toxic or hazardous waste water should be set at the lower reaches of the local drinking water sources. Disposal sites of waste residues should keep a stipulated distance from the residential areas and natural water body.ª¥

Article 13  The land used for setting up environmental protection facilities shall be designated at the same time as the land for main project.ª¥

Article 14 The construction project which generate toxic and hazardous substances or factors such as, gas, dust, smoke, unpleasant odor and noise, should keep necessary protective distance for health from residential areas. And, the measures of afforestation should be taken.ª¥

Article 15  As for the general layout of a construction project, on the premise of meeting the requirement of main project, the facilities that may generate the most hazardous pollution shall be set far from the sector where the non-pollutant facilities lie. Then, the appropriate positions of other facilities will be rationally arranged, upon which, the detrimental effects and pollution's among the facilities will be avoided on one another as far as possible.ª¥

Article 16  The facilities of administrative organ and welfare of a new construction project should be arranged on the side near the residential zone. Besides, this are should be the inextensible end of the project.ª¥

Article 17  The construction project's main chimneys (exhaust pipes), torch installations; storehouses for end-products, loading and unloading stations, handling of toxic and hazardous materials, etc. should be arranged to the leeward in the direction of the prevailing wind throughout the year in the site.ª¥

Article 18  New construction projects shall contain the landscape engineering, but the coverage proportion of green area may be varied according to different project. The project in urban district shall comply with the regulations of the local relevant programmer.ª¥

Chapter IV Pollution Control

Section One Principles of Pollution Control

Article 19  In the engineering design of technological processes, efforts should be actively made to use non-of less toxic and deleterious materials, adopt new technique, technology and device which are pollution-free or cause less pollution, moreover, raise the utilization ratio of natural resources and energy as far as possible; try to reduce the pollutants to a minimum within the production process.ª¥

Article 20  The construction projects of heating, power supply and municipal should actively adopt co-generation, centralized heating or area heating systems and centralized gas supply in planning and engineering alternatives, whenever conditions permit.ª¥

Article 21  The engineering design of environmental protection shall in accordance to the local condition adopt effective technology of pollution control and comprehensive utilization.ª¥

Article 22  Effective measures of all kinds shall be taken to avoid of restrain the unorganized discharge of pollutants, such as:

1) set up special containers or devices to recover the materials or wastage's discharged while in sampling, spilling, accident occurring, and repairing;

2) reliable sealing measures must be taken on pipe and equipment to avoid discharging, overflowing, dripping and leaking of materials;

3) in the processes of storing, loading and unloading, screening and transferring of powdered or bulk materials, special divines shall be installed to control dust emission.ª¥

Article 23  Measuring, sampling and analyzing devices should be installed in the transfer and discharge facilities of wastage's.ª¥

Article 24  If the secondary pollutant would be emerged in the processes of treatment and comprehensive utilization of wastage, the appropriate measures should be taken to avoid the secondary pollution.ª¥

Article 25  All kinds of pollutants or pollution factors generated by construction projects can be discharged only after they are treated to meet the discharge standards and relevant regulations promulgated by the State as well as province, autonomous region and munieipslity directly under the Central Government.ª¥

Article 26  The storage, transport and use of radioactive substance and the disposal of radioactive wastage shall meet the demands of "Regulations on Radioactivity Protection" and "Management Guidelines on Health Protection to Work with Radioisotopes".ª¥

Section Two Waste Gas and Dust Pollution Control

Article 27  Any production process, in which toxic and hazardous substances such as: gas, dust, acid mist, unpleasant odor, aerosol, etc. may be generated, shall be designed to adopt sealed production technology and facilities, and to avoid open operation as far as possible, where the discharge is actually unavoidable, facilities for dust cleaning and absorption shall be set up.ª¥

Article 28  All kinds of boilers, kilns and ovens, smelting furnaces and other installations which discharge smoke shall be fitted out with deducting and cleaning facilities.ª¥

Article 29  To the storage tank of liquid raw material, end product or intermediate product containing volatilizable substance, effective measures should be adopted to prevent such substance from escaping.ª¥

Article 30  To the construction project of exploitation and utilization of coal, its design shall comply with the "Technology Policy Guidelines on Prevention and Control of Coal Smoke Pollution".ª¥

Article 31  Of gas, dust and residual energy contained in waste gas, those worthy to be recovered should be retrieved and reused as wide as possible, and those not worthy of utilization should, also, be well disposed.ª¥

Section Three Waste Water Pollution Control

Article 32  The engineering design of construction projects shall adhere to the principle of water saving. The waste water discharged from production should be rationally recovered and reused.ª¥

Article 33  The drainage system of waste water shall be in compliance with the no-mixing principle between clean and turbid waters, rationally arrange the delivery line of waste water on the basis of comprehensive comparison according to the quality, quantity, means of treatment, and other factors of the waste water.ª¥

Article 34  According to the quality, quantity, and their ranges of variation, requirements of the quality of treated water, and the characteristics of the local conditions, optimumtreatment approaches and technological processes shall be identified and selected in the design of industrial waste water and domestic sewage (including hospital sewage) treatments.ª¥

Article 35  When working out the technology of waste water treatment, a comprehensive way "Treat wastes with wastes", i.e. use waste water, waste gas, and waste residue (liquid) to dispose and control wastes, shall be taken into consideration precedently.ª¥

Article 36  To all kinds of substances in waste water, such as: solid substances, heavy metals and their chemical compounds, volatilizable substances, acid or alkali, oil, as well as well as residual energy, those worthy of utilization should be considered recovering or utilizing comprehensively.ª¥

Article 37  When industrial waste water and domestic sewage (including hospital sewage) are discharged into the urban drainage system, their quality shall comply with the relevant water quality standard required by the urban drainage system.

Article 38  To the gutter and ditch, check well of underground pipe for delivering toxic, hazardous waste water or those containing corrosive substances, appropriate measures to avoid leakage and corrosion shall be taken.ª¥

Article 39  The non-toxic, less toxic, high effective, or less polluting chemicals shall be chosen in water quality treatment.ª¥

Article 40  To the drain water that may lead to thermal pollution of the receiving water body, measures to avoid thermal pollution shall be taken.ª¥

Article 41  In order to avoid water pollution caused by the train scouring loss of raw materials and solid fuels in the open stockyards, appropriate measures shall be taken to prevent such loss

Article 42  The polluted rainwater and the wastewater from the installation, wall and ground of working area frequently polluted by hazardous material shall be led into the relevant specified drainage lines.ª¥

Article 43  Discharging toxic and hazardous waste water into see page well, seepage pit, abandoned mine or diluting it with clean water before discharge is strictly prohibited.ª¥

Section Four Waste Residue (Liquid) Pollution Control

Article 44  The engineering design of waste residue (liquid) treatment shall make a comprehensive comparison, and select an appropriate way and means of treatment according to the quantity, quality of waste residue and liquid, as well as the local conditions. To those worthy of utilization, measures of recovery or comprehensive utilization shall be considered and adopted, and, to those not worthy of utilization, such treatment measures as harmless stockpiling, incineration, etc. may be applied.

Article 45  The appropriate stocking area, storage tanks and other buffer facilities shall be set up according to the discharge capacity, transport patterns, utilization of treatment capacity and other conditions when waste residues (liquids) are stored for a short period. No waste is permitted to be deposited in a random fashion.ª¥

Article 46  Different waste residues (liquids) shall be stored individually for convenient handling and utilization. When two or more different wastes are stored mixedly, the following requirements shall be met:ª¥

1) No toxic, hazardous substances or other hazardous chemical reactions shall be generated.ª¥

2) It is convenient for stacking storage and/or comprehensive utilization.ª¥

Article 47  The engineering design of waste residue (liquid) transport shall adopt the measures to avoid environmental pollution.

1) During the delivery of high water content residue and high concentrated waste liquid, measures shall be taken to prevent dripping or leaking along the way;

2) As transporting, loading and unloading the toxic, hazardous, and residues easy to be blown off, hermetically sealing measures and humidificating technology shall be taken to avoid pollution and poisoning accidents.ª¥

Article 48  All kinds of residues (liquids) generated from production installations their supplementary facilities, working places, sewage treatment facilities, etc. must be collected and treated, may not be discharged into the natural water body by all means or disposed in a random fashion.ª¥

Article 49  The incineration of combustible residue (liquid) shall accord with the following requirements:

1) There shall be appropriate cleaning installations to treat the hazardous gas generated from the incineration.

2) There shall be appropriate facilities to treat the remains existing after the incineration.ª¥

Article 50  No waste residue containing strongly toxic soluble substance shall be permitted to be buried underground directly or dumped into any surface water body.

While designing the disposal or landfill site of the above mentioned residue, measures for waterproof and prevention of seeping, leaching or dispersing shall be taken; besides, facilities for collecting, treating, sampling and monitoring the surface run off and leachate shall be set up.ª¥

Article 51  The ordinary industrial waste residue, waste ore, tailings, etc. can be stored up at disposal sites or in tailing dam, however, effective measures should be taken to avoid such hazards as: dust emission, leachate and spilling water, spontaneous combustion, and so on.ª¥

Article 52  Waste residue containing noble metals should, in accordance with the concrete conditions, be recovered.ª¥

Section Five Noise Control

Article 53  In the process of noise control, efforts should be made, first of all, to control the source of the noise by selecting low noise technology and equipment. And also, the relevant controlling measures should be taken if necessary.ª¥

Article 54  In pipeline design, rational arrangement should be considered and correct structure should be adopted, so as to avoid the emergence of vibration and noise.ª¥

Article 55  To general arrangement, the factor of acoustics shall be taken into consideration comprehensively and efforts topographic features, buildings, etc. to prevent noise from spreading. And moreover, the noisy area and the silent area shall be separated rationally, in order to avoid or mitigate the silent area being effected by the high noise devices.ª¥

Article 56  The noise effect on its environment caused by a construction project shall be in keeping with the relevant standard of environmental noise of urban area.ª¥

Chapter V Establishment of the Management Department

Article 57  The newly built enterprise and expansion enterprise shall, as required, establish environmental protection departments, whose basic functions are: to organize, carry out and supervise the environmental protection activities within their own enterprises.ª¥

Article 58  The main functions of the environmental protection department are as follows:

1) carrying through and implementing the laws, regulations and standards relating to environmental protection;

2) organizing, drafting and revising of the environmental protection management provisions and regulations for the enterprise and supervising and urging their implementations;

3) drafting programs and plans on environmental protection and to organize their implementation;

4) organizing and leading the environmental monitoring of the enterprise;

5) examining the operation of the environmental protection facilities of the enterprise;

6) promoting the application of advanced experiences & techniques of environmental protection;

7) organizing the professional skill training in the field of environmental protection for the enterprise, so as to improve the personnel's quality and skills;

8) organizing scientific research and academic exchange of environmental protection of the enterprise.

Chapter VI Establishment of the Monitoring Unit

Article 59  New construction and expansion projects which may affect the environment shall establish necessary monitoring units or adopt relevant monitoring means, according to the size, quality, monitoring function and range.ª¥

Article 60  The functions of environmental monitoring are:

1) monitoring regularly whether the pollutants discharged from construction projects conform to the discharge standards set by the state as well as provinces, autonomous regions and municipalities directly under the Central Government;

2) analyzing the variable patterns of the pollutants discharged, so as to provide bases for determining the measures for pollution control;

3) being responsible for the monitoring and reporting in case of pollution accident.ª¥

Article 61  The positions of monitoring and sampling shall, as required, be rationally arranged, so that the states of pollutants discharged and the quality of the local environment can be reflected precisely.

The methods used for monitoring and analysis shall be carried out in compliance with the relevant national regulations.ª¥

Chapter VII Facilities and Investment For Environmental Protection

Article 62 The facilities for environmental protection are identified depending upon the following criteria:

1) All installations, equipment, monitoring instrumentation's, engineering facilities, etc. which are needed for pollution control and environmental protection belong to the category of environmental facilities;

2) Installations which are required by both production and environmental protection;

3) The investment of equipment for transport and delivery of discharged waste residues and facilities of their recovery and comprehensive utilization, as well as the investment for the construction of disposal sites and the cost for land requisition are all classified as production investment, however, the investment of facilities for dust emission control, measures for prevention of seepage and landscape engineering belong to the category of environmental protection.

4) For the construction project comprising environmental protection facilities, the budgetary estimate of environmental protection shall be listed separately.

Chapter VIII Engineering Design Management

Article 63 In each engineering design unit, one of its leaders shall be appointed in charge of the environmental protection design work, who shoulders the responsibility of leadership, in an all-round way, for the environmental protection design of the construction project undertaken by his unit.ª¥

Article 64 Each engineering design unit shall, according to the requirement of its scope and activity set up its environmental protection design department or draft professional personnel, who shall be responsible for drawing up the comprehensive environmental protection design documents in every stage of the construction projects.ª¥
Article 65 The engineering design unit must fulfil well the following items in strict accordance with the relevant national regulations on environmental protection:

1) to undertake or participate in the environmental impact assessment work of the construction projects;

2) having accepted a project assignment, to carry out the preliminary design and prepare the chapter on environmental protection conscientiously on the basis of the specified measures indicated in EIS (EIF) and its comments of examination and approval.ª¥

3) To implement "three simultaneities" system strictly, ensuring that the installations for the prevention of pollution and other hazards to the public shall be designed at the same time as the main project;

4) To keep the design work of a construction project not being carried out, before the approval of EIA (EIF) .ª¥

Article 66 When a contract of project engineering is made the requirements on environmental protection shall be stipulated in the contract at the same time.ª¥

Article 67 For a construction project without existing technique of pollution control or the technique being used without enough technological basic data, the project engineering work shall not be allowed to carry out. For the project generating pollutants without measures for pollution control in project engineering, the engineering documentation's shall not be allowed to be delivered over. Production means and technological processes which have facilities for pollution control, but, can not meet the discharge standards set by the State, as well as provinces, autonomous regions and municipalities directly under the Central Government are not allowed to be used in engineering design.ª¥

Article 68 It is not until the technical appraisal have been passed and the engineering conditions for enlarging analogue simulation and technical data have been confirmed, the research results having been developed for environmental engineering shall be put into practice.ª¥

Chapter IX Supplementary Provisions

Article 69 The competent authorities of the engineering design units may organize and formulate relevant regulations for the departments within their jurisdictions on the basis of these regulations and in the light of the conditions of their own institutions, and submit them to the Office of the Environmental Protection Commission Under the State Council for the record .

Article 70 The Office of the Environmental Protection Commission Under the State Council is responsible for the explanation of these Provisions.ª¥

Article 71 These Provisions become effective on the date of their promulgation.