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Framework Environmental Assessment for BAT/BEP Adoption towards Reduction of UPOPs Releasing from Non-wood Pulp and Paper Sector in China

委托单位：环境保护部环境保护对外合作中心

编制单位：北京师范大学 李巍

编制日期：2009年12月

ABBREVIATIONS

BAT/BEP

Best Available Technologies and Best Environmental Practices

ECF

Elemental Chlorine Free

EIA

Environmental Impact Assessment

EMP

Environmental Management Plan

FEA

Framework Environmental Assessment

NGO

Non-government Organizations

NIP

National Implementation Plan

NWPM

Non-wood Pulp and Paper Making

TCF

Totally Chlorine Free

TOR

Terms of Reference

UPOPs

Unintentional Persistent Organic Pollutants

WB

World Bank

AOX

Absorbable Organic Halogen

BOD5

Biochemical Oxygen Demand (5days)

COD

Chemical Oxygen Demand

DBD

Dibenzo-p-dioxins

DBF

Dibenzo-p-dioxins

PCDD

Polychlorinated Dibenzo-p-dioxins

PCDF

Polychlorinated Dibenzo-furans

POPs

Persistent Organic Pollutants

SS

Suspended Solids

PM10

Particulate Matters with diameters less than 10µm

TSP

Total Suspended Particulates

Contents

11Brief Description of Project

11.1Introduction

11.2NWPM and Its Major Environmental Problems

41.3Purpose of Environmental Assessment

51.4Institutional Framework of Environmental Assessment

62Law and Regulation Framework

62.1Relevant Domestic Laws, Regulations, and Policies

62.1.1Laws and Regulations

192.1.2Industry and Environmental Protection Policies

242.1.3Environmental Standards

272.2Relevant Domestic Technical Guidelines

272.2.1Environmental Impact Assessment Technical Guidelines

302.2.2Technical Specifications for Cleaner Production

332.3Environmental Protection Policies and Environmental Assessment Guides of the World Bank

332.3.1Environmental Assessment Guide System of the World Bank

错误！未定义书签。2.3.2Special Requirement of the World Bank for EIA of Papermaking Projects

353Guide for Preparing and Implementing BAT/BEP Environmental Assessment

353.1Responsibility Subject and Assessment Procedure of EIA

353.1.1Responsibility Subject

383.1.2Environment Impact Assessment Procedures

403.2Preparation of Environmental Assessment

403.2.1Environment Impact and Risk Identification

433.2.2Baseline Survey

493.2.3BAT/BEP Environmental Impact Analysis

563.2.4Environmental Management Plan

603.2.5Public Involvement and Information Disclosure

623.3EMP Implementation

623.3.1Institutional Arrangement

633.3.2Supervision and Inspection

673.3.3Environmental Monitoring Program

713.3.4Information Record and Report

723.3.5Training Program

75Annex 1 TOR for Environmental Assessment of BAT/BEP plan in an NWPM Project

79Annex 2 NWPM EMP Template

84Annex 3 Mitigation and Management Measures against General Environmental Impacts of BAT/BEP Plan

88Acknowledgement

1Brief Description of Project

1.1Introduction

In National Implementation Plan (NIP) of the People’s Republic of China for Stockholm Convention on Persistent Organic Pollutants, pulping and papermaking industry has been included in the first six major industries chosen for dioxin release reduction. Due to the scarcity of timber resources, non-wood fiber pulping enterprises take a great proportion in this sector in China. These enterprises, comparatively small in size and weak in technology and management, are regarded as among heavy producers of unintentional persistent organic pollutants (UPOPs) and other pollutants. Ever since 1980s and 1990s, researches have discovered that many producing steps in non-wood pump and paper making (NWPM) may emit persistent organic pollutants (POPs); however given the general industry development level and the state’s pollutant release reduction focus, which was directed toward ordinary pollutants, the entire industry has taken few technical or management improvement to control POPs. After China’s accession to Stockholm Convention on Persistent Organic Pollutants, POPs release reduction and control have become an important component of China’s environment objectives; meanwhile, pursuant to Article 5 of the convention, each contracting party shall make and implement an action plan that takes the application and promotion of best available techniques and best environmental practices (BAT/BEP) guidelines as the core in their effort to realize the release reduction and control of unintentional persistent organic pollutants like dioxin. Under such a background, a few Chinese papermaking enterprises embarked on BAT/BEP pilot work. During 2005~2007, with the support of Italian financial grant, Foreign Economic Cooperation Office (FECO) under the Ministry of Environmental Protection of China implemented a project entitled Sino-Italian Cooperation Strategic Project of By-products Release Reduction of Unintentional Persistent Organic Pollutants in China, which involved the BAT/BEP technique pilot work of two papermaking enterprises from Shandong Huatai Paper Group and Hunan Tiger Forest & Paper Group respectively. These technique pilot projects have preliminarily short-listed some most feasible techniques available for reed pulp and straw pulp papermaking.

1.2NWPM and Its Major Environmental Problems

In worldwide papermaking industry, timber takes a proportion over 90% in pulping fiber raw materials (excluding wastepaper); while in China, because of the scarcity of forest resources and the abundance of non-wood fiber resources, non-wood fiber has always been an important papermaking raw material in this country. In spite of an upward trend of wastepaper and wood pulp consumption in China, non-wood fiber pulp still has a high proportion in pulp consumption.

0.00

0.20

0.40

0.60

0.80

2005200620072008

Non-wood

pulp

Wood pulp

Wastepaper

pulp

Figure1-1Consumption of paper pulps divided by source characters

A lot of non-wood raw materials may be used for paper making, including reed, awn, bamboo, bagasse, wheat straw, rice straw, common rush, hemp, and cotton, etc. Non-wood pulp paper making (NWPM) falls into different categories depending on different non-wood pulp raw materials; presently, one may identify four NWPM categories in China: straw pulp, bamboo pulp, reed pulp, and bagasse pulp papermaking. Judging from the data from 2007 to 2008, it can be concluded that these four raw materials remains relatively stable in their proportion of NWPM: bamboo pulp and reed pulp have increased somewhat, bagasse pulp remain stable, while straw pulp has dropped slightly.

Table1-1Consumption quantity and proportion of non-wood pulps

Year

Description

Reed pulp

Bagasse pulp

Bamboo pulp

Straw pulp

Others

Total

2007

Consumption

(10k ton)

144

90

120

849

99

1302

Proportion out of non-wood pulp (%)

0.11

0.07

0.09

0.65

0.08

1.00

2008

Consumption

(10k ton)

150

97

146

808

97

1297

Proportion out of non-wood pulp (%)

0.12

0.07

0.11

0.62

0.07

1.00

Papermaking industry is a great polluter. Its major environmental problems are water pollution and atmosphere pollution generated during its production process.

(1)Water pollution

Papermaking emits a great deal of wastewater. According to China environmental statistics, Chinese papermaking industry contributed 19.2% of the nationwide industrial wastewater emission in 2007, ranking top among all the industrial sectors. A great amount of cellulose, lignin, inorganic base, tannin, resin, and protein are present in the wastewater, making the wastewater dark in chromaticity, high in alkalinity, rich in hard-to-degrade substances, and large in oxygen consumption; this may result in the pollution of the entire water body or serious destruction of ecological environment.

Papermaking wastewater may be largely classified into three types during the production process: pulping effluent (black liquor, red liquor, etc.), middle-stage wastewater (including cleaning, purification and bleaching water), and papermaking machine white water. Black liquor (red liquor) is a cooking effluent of chemical pulping, including black liquor generated during alkaline process and red liquor generated during acid polishing. Pollutants contained in black liquor (red liquor) exceed more than 90% of the total pollution released by papermaking industry; into the bargain, the liquor is highly concentrated and hard to degrade. Typically, the production of 1t sulfate pulp will release 1t organic substances, 400kg bases and sulfides, which are dissolved into the black liquor; the production of 1t sulfite pulp will see 900kg organic substances and 200kg oxides (calcium, magnesium, etc.) and sulfides dissolved in the black liquor. Middle-stage water is the effluent released by cooking sizing material, which is extracted from the black liquor, during such processes like screening, washing, and bleaching; this type of water, being dark yellow in color, accounts for 8~9% of papermaking pollution emission; the COD load per ton of pulp is around 310kg. Among them, the No. 1 environmental polluter is chlorine-containing wastewater generated during bleaching process, such as chlorate bleaching wastewater and hypochlorite bleaching wastewater, etc. Hypochlorite bleaching wastewater mainly contains chloroform as well as 40-plus other organic chlorides, among which chlorophenol ranks top, followed by dichlorophenol and then by trichlorophenol. Elemental chlorine bleaching (chlorine or hypochlorite) wastewater contains hypertoxic dioxin, a carcinogen posing great hazard to ecological environment and human health. White water, namely papermaking stage effluent, is generated by a paper mill during papermaking process. White water mainly contains minuscule fibers, filler, paint, and dissolved wood ingredients, plus glue, wet strength agent, preservative additives; they are mainly insoluble CODs and have a low biodegradability; the added preservatives are toxic. Up to now, black liquor recovery and treatment technology has been refined and the pollutants in black liquor can be appropriately treated; in addition, white water can be recycled in a partially or completely enclosed manner. In summary, the principal pollution source in papermaking industry is the middle-stage water. In NWPM sector, water pollution is significantly higher than wood pulp papermaking in that the former is typically small in size, underdeveloped in technology, low in black water extraction and alkali recovery, and high in water consumption.

(2)Air pollution

Two categories of atmosphere pollutant are associated with papermaking, namely odor and dust. Odor pollutants mainly include H2S, CH3SH, CH3SCH3, CH3SSCH3, SO2, SO3, NOx, etc. Dust is largely contributed by alkali recovery furnace dust (Na2SO4 and Na2CO3), sodium compounds in melts dissolving tank, and coal-fired boiler soot, etc.

(3)Solid waste pollution

Solid wastes generated during NWPM process fall into two broad categories: inorganic wastes and organic wastes. Inorganic wastes mainly include waste solids generated by power boiler and white sludge generated during causticization section. Organic wastes mainly include grass chips, dust, bagasse pith, pulp screen slag, and wastewater sludge, etc.

In addition to releasing “three wastes” (wastewater, waste gas, and waste solids), papermaking industry may lead to forest felling or immoderate exploitation of vegetation in order to supply raw fiber materials to paper mills, thus bringing unfavorable impact on the environment, resulting in serious environmental consequences like forest destruction, vegetation degradation, soil erosion, and biology and ecotope degradation.

1.3Purpose of Environmental Assessment

In line with the performance of obligations by China, more and more non-wood pulp and paper making (NWPM) enterprises must undergo BAT/BEP transformation in favor of POPs release reduction. According to the provisions of Article 24 of Chapter III of Environmental Impact Assessment Law of the People’s Republic of China (2003), environmental impact assessment (EIA) is mandatory for any construction project undergoing rebuilding, expansion, or major production technology and process variation. The implementation of BAT/BEP measure plan by an NWPM enterprise will necessarily involve production technology and process variation, therefore prediction and appraisal shall be made of the resulting environmental impact change. Meanwhile, in order to compare and then select best environmental BAT/BEP measure plan, it is necessary to conduct a systematic environmental assessment of the reduction effect of UPOPs and the associated indirect environmental impact and risks of different alternative plans. To this end, it becomes necessary to identify, analyze, and assess the possible environmental impact after the implementation of BAT/BEP measure plan. In addition, appropriate environmental assessment technical process and framework will be prepared for NWPM enterprises that adopting BAT/BEP measure plan so as to provide guidance in the next step of technical transformation EIA. This framework document specifies the scope of environmental assessment, relevant stipulations, and concerned institutions or departments, and should guarantee that EIA respects Chinese environmental assessment laws and regulations and also satisfies papermaking industrial technology, environmental protection policies, and local environmental protection standards.

1.4Institutional Framework of Environmental Assessment

Since 1980s, China has progressively established an environmental protection legal system on the basis of Constitution of the People’s Republic of China and following the general principle of Environmental Protection Law of the People’s Republic of China. This legal system incorporates pollution prevention laws, resources and ecological protection laws, and disaster prevention and reduction laws, etc. On the basis of this legal system, China promulgated Environmental Impact Assessment Law of the People’s Republic of China and a spectrum of EIA technical guidelines to guide and regulate EIA work.

On the principle of human orientation and sustainable development, the World Bank requests that any project soliciting finance from it must have environmental assessment. The World Bank has put in place relevant operation policies and ten safety guarantee policies, including OP/BP 4.01—Environmental Assessment.

BAT/BEP transformation by NWPM for UPOPs release reduction is a kind of technology and management innovation made by a special industry for special pollution control. Therefore, environmental assessment of BAT/BEP transformation must be performed within the Chinese environmental assessment legal framework and shall at the same time satisfy papermaking industrial technology, environmental protection policies, and local environmental protection standards.

BAT/BEP environmental assessment may deal with the following key stakeholders: governmental environmental protection authorities and industrial administrative authorities, enterprises, industrial research organizations, environmental assessment agencies, the World Bank, and the general public and NGOs. Among them, an enterprise is the BAT/BEP player, and an environmental assessment agency is action-taker of BAT/BEP environmental assessment. Industrial research organizations are researcher and developer and provider of BAT/BEP technology whilst industrial administrative authorities are the maker of technical standards. An environmental administrative authority acts as both the approver of environmental assessment and the supervisor of enterprise environmental action, because it has the responsibility of reviewing and approving project environmental assessment report, supervising the implementation of mitigatory measures during project execution, and is also charged with environmental protection acceptance upon the completion of works and monitoring per-standard emission during production stage. The public and NGOs are stakeholders and also watchdogs of BAT/BEP transformation. (The duties and inter-relationship of different stakeholders are given in more details in Section 3.1.1).

2Law and Regulation Framework

2.1Relevant Domestic Laws, Regulations, and Policies

2.1.1Laws and Regulations

From 1979 when China firstly officially promulgated Environmental Protection Law of the People’s Republic of China (Tentative), China has progressively enacted several environmental protection laws and regulations such as Law of the People’s Republic of China on Prevention and Control of Water Pollution, Law of the People’s Republic of China on Prevention and Control of Atmosphere Pollution, and Marine Environment Protection Law of the People’s Republic of China. Environment legislation has gradually developed into an environmental protection legal system consisting of integrated laws, pollution prevention laws, and resources and ecological protection laws. By now, an environmental protection legal system has been established on the basis of Constitution of the People’s Republic of China and following the principle of Environmental Protection Law of the People’s Republic of China. The legislation and revision of environmental protection laws have effectively promoted the development of Chinese environmental protection campaign.

The principal Chinese laws and regulations on environmental protection include:

1)Environmental Protection Law of the People's Republic of China (1989.12.26)

2)Law of the People's Republic of China on Environmental Impact Assessment (2002.10.28)

3)Law of the People’s Republic of China on Prevention and Control of Water Pollution (2008.2.28);

4)Law of the Peoples Republic of China on Prevention and Control of Atmosphere Pollution (2000.4.29)

5)Law of the People's Republic of China on Prevention of Environmental Pollution Caused by Solid Waste (2004.12.29)

6)Law of the People’s Republic of China on the Promotion of Cleaner Production (2002.6.29)

7)Renewable Energy Law of the People's Republic of China (2005.2.28)

8)Circular Economy Promotion Law of the People’s Republic of China (2008.8.29)

9)Regulation on the Administration of Construction Project Environmental Protection (1998.11.29)

10)Regulation on National General Survey of Pollution Sources (2007.10.9)

11)Regulations on the Administration of Collection and Use of Pollution Discharge Fees (2003.1.2)

12)Regulations on the Safety Administration of Dangerous Chemicals (2002.1.26)

13)Provisional Regulations on Cleaner Production Auditing (2004.8.16)

Pulping and papermaking industry is one of the important pillar industries in Chinese national economy; however it is also a major polluter that is to be held responsible for the degrading of environment quality. The reasons explaining the heavy pollution of NWPM industry include: 1. most pulping and papermaking enterprises are small in size, backward in technique and process, and dilapidated in equipment outfit, resulting in a high material consumption and pollutant release and greatly complicating pollution treatment effort. 2. When compared against wood pulp, non-wood pulp has quite a few drawbacks that render it much more difficult to recover non-wood pulp black liquor alkali and to treat the water pollution as compared against to wood pulp process. 3. Backward technology level results in a low recovery of alkali, and the clean production is far behind international advanced level. 4. The criteria of current domestic pollutant discharging standards are too low to encourage active technology transformation and pollution control by papermaking industry. In view of this situation, the state has enacted in the past years several laws and regulations and has made relevant control and treatment policies.

Table 2-1 and Table 2-2 describe major relevant domestic laws, regulations, and provisions.

Table 2-1

Relevant domestic laws and legal articles

Title

Relevant article

Environmental Protection Law of the People's Republic of China

Article 10Whenever pollutants are discharged in an area where the local standards for such discharging have been in place, the local standards shall be applicable.

Article 13For the construction of projects that cause pollution to the environment, pertinent state provisions concerning environmental protection for construction projects must be respected. The environmental impact statement on a construction project must assess the pollution the project is likely to produce and its impact on the environment and stipulate the preventive and curative measures; the statement shall, after initial examination by the authorities in charge of the construction project, be submitted, according to specified procedures, to the competent department of environmental protection administration for approval. The department of planning shall not ratify the design plan descriptions of the construction project until the environmental impact report on the construction project has been approved.

Article 18Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated by the State Council, the relevant competent department under the State Council, and the People's governments of provinces, autonomous regions and municipalities directly under the Central Government, no industrial production installations that cause environmental pollution shall be built; other installations to be built in these areas must not exceed the prescribed standards for the discharge of pollutants. If any built installations discharge above-norm pollutants, such pollution shall be eliminated or controlled within a prescribed period of time.

Article 19Where natural resources are being developed or utilized, measures must be taken to protect the ecological environment.

Article 24Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection into their plans and establish a responsibility system for environmental protection, and must adopt effective measures to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust, malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the course of production, construction or other activities.

Article 25For technological transformation of newly built industrial enterprises and existing industrial enterprises, facilities and processes that have a high rate of the utilization of resources and a low rate of the discharge of pollutants shall be used along with economical and rational technology for the comprehensive utilization of waste materials and the treatment of pollutants.

Article 26Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned together with the principal works of the project. No permission shall be given for a construction project to be commissioned or used, until its installations for the prevention and control of pollution are examined and considered up to the standard by the competent department of environmental protection administration that examined and approved the environmental impact report.

Article 29If an enterprise or institution has caused severe environmental pollution, it shall be required to eliminate and control the pollution within a certain period of time.

Article 31Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision. Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.

Article 33The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must comply with relevant state provisions so as to prevent environmental pollution.

Circular Economy Promotion Law of the People’s Republic of China

Article 2The term “reducing” as mentioned herein refers to reducing the consumption of resource and the production of wastes in the process of production, circulation and consumption.

Article 9Enterprises and public institutions shall set up management systems and take measures to reduce the consumption of resources, reduce the production and discharge of wastes and improve the reutilization and recycling level of wastes.

Article 16The state adopts a rigorous energy-consumption and water-consumption supervision and administration system toward key enterprises in high energy or water consuming industries such as steel, non-ferrous metal, coal, electric power, petroleum processing, chemical industry, building materials, building construction, papermaking, and printing and dyeing.

Article 18The administrative department of circular economy development under the State Council shall, together with the environmental protection department and other competent departments under the State Council, issue on a regular basis a catalogue of the encouraged, restricted and deselected techniques, processes, equipment, materials, and products. It is prohibited to produce, import or sell any equipment, material or product listed in the deselected catalogue, and it is also prohibited to use any technique, process, equipment or material listed in the deselected catalogue.

Article 31Enterprises shall develop an in-series water use system and a circulatory water use system so as to improve water reuse rate. Enterprises shall use advanced technologies, processes, and equipment to recycle and reuse the wastewater generated during production.

Article 35The people’s governments at or above the county level and the administrative departments of forestry thereunder shall make vigorous efforts to develop ecology-friendly forestry, encourage forestry producers and relevant enterprises to use timber-saving technologies and timber-replacing technologies, and make comprehensive utilization of forestry wastes, wood wastes, small firewood and desert bush so as to improve the comprehensive utilization rate of wood.

Energy Conservation Law of the People's Republic of China

Article 3The energy conservation referred to in this Law means the strengthening of energy utilization administration, adoption of measures which are technologically feasible, economically rational and affordable to the environment and society, reduction in losses and waste in all links from energy production to consumption, and more efficient and rational utilization of energy resources.

Article 7The state practices an industrial policy favoring energy-saving and environmental protection, restricts the development of heavy energy-consuming and heavy polluting sectors, and promotes the development of energy-saving and environment-friendly sectors. The State Council, the people’s governments of provinces and autonomous regions, and municipalities directly under the Central Government shall enhance energy conservation effort, rationally readjust the industrial structure, enterprise structure, product mix, and energy consumption pattern, urge enterprises to reduce energy consumption per unit output value and per unit product, deselect outdated production technology, improve the exploitation, processing, conversion, transmission, storage, and supply of energy, and increase the use efficiency of energy. The state encourages and supports the development and utilization of new and renewable energy resources.

Article 16The state applies a deselection system to products, equipment, and production processes that consume excessive quantity of energy. The catalogue of energy-consuming products, equipment, and production techniques to be deselected along with the implementations measures shall be compiled and published jointly by the department in charge of energy conservation under the State Council and relevant departments under the same. Producers of products that consume excessive energy during the production shall conform to the ceiling criteria designed for per unit product. Any producer that consumes energy in excess of the norm designed for per unit product shall be ordered to rectify within a specified time limit by the department in charge of energy conservation within the jurisdiction as prescribed by the State Council. Special equipment consuming excessive energy shall be subject to energy conservation examination and control as required by the State Council.

Article 30The department in charge of energy conservation under the State Council shall, in conjunction with relevant departments under the same, formulate policies on energy conservation technologies for major energy-consuming industries such as electric power, iron & steel, non-ferrous metal, building material, petroleum processing, chemical industry, and coal in order to push forward technical transformation for energy conservation in enterprises.

Law of the People’s Republic of China on the Promotion of Cleaner Production

Article 2Cleaner production as used herein means the continuous application of measures for design improvement, utilization of clean energy and raw materials, the implementation of advanced processes, technologies and equipment, improvement of management and comprehensive utilization of resources to reduce pollution at source, enhance resource utilization efficiency, reduce or avoid pollution generation and discharge in the course of production, provision of services and product use, so as to decrease harm to the health of human beings and the environment.

Article 12The state practices a time-limited system for the deselection of obsolete production technologies, processes, equipment and products that seriously waste resources and pollute the environment.

Article 18New construction, construction transformation and expansion projects shall conduct environmental impact assessments, analyzing and assessing the use of raw materials, resource consumption, comprehensive utilization of resources, as well as generation of pollutants and their treatment; priority shall be given to clean production technologies, processes and equipment, which maximize the resource utilization rate and generate few pollutants.

Article 19Enterprises in the course of technological upgrading shall adopt the following clean production measures: (1) Using toxin-free, non-hazardous or low-toxin and low-harm raw materials to replace toxic and hazardous raw materials;

(2) Using processes and equipment with high utilization rate and little pollutant-generation to replace those with high resource consumption and significant generation of pollutants;

(3) Comprehensive use or recycling of materials such as wastes, wastewater, or waste heat generated during production;

(4) Using pollution prevention and control technologies that enable enterprises to comply with national or local pollution discharge standards and total discharging volume quota control of pollutants.

Article 28Enterprises shall monitor resource consumption and waste generation during production and service provision and shall, when necessary, conduct clean production audit of production and service. Enterprises exceeding national or local discharging standards or the total volume control target of pollutants set by the local government shall conduct clean production audit. Any enterprise using toxic or hazardous materials in production or discharging toxic or hazardous substances shall periodically conduct clean production audit and report the audit results to relevant environmental protection authority and economic and trade administration authority under the local government at or above county level.

Law of the People's Republic of China on Environmental Impact Assessment

Article 2Environmental impact assessment referred hereto means a method and system for analyzing, forecasting, and assessing the potential impact on the environment after the implementation of plans and construction projects, for putting forward strategies and measures to prevent or mitigate adverse impact on the environment, and for carrying out follow-up and monitoring.

Article 16The state practices a classified administration of environmental impact assessment of construction projects on the basis of the extent of the environmental impact by the projects.

Article 21Except where confidentiality is required according to relevant state regulations, for any construction project that may have a great impact on the environment and need an environmental impact report, the project owner shall, prior to submitting for approval the environmental impact report of the project, hold a review meeting and hearing meeting or take other actions to seek comments from relevant entities, experts and general public.

Article 24After the approval of the environmental impact assessment document of a project and in the event of any material change in the nature, size, location, and production technology of the project or in pollution or ecological destruction prevention measures, the project owner shall resubmit an environmental impact assessment document for approval.

Article 27In case of any situation not in conformance with the approved environmental impact assessment document during the construction or operation of the project, the project owner shall organize a post assessment of environmental impact and take improvement measures and have them submitted to the original environmental impact assessment document review and approval authority and construction project review and approval authority for filing; alternatively, the original environmental impact assessment document review and approval authority may instruct the owner to carry out a post assessment of environmental impact and take improvement measures.

Article 28The environmental protection administrative authority shall take follow-up inspection on any environmental impact caused by a commissioned project or during the operation of the project; where grave environmental pollution or ecological destruction occurs, the causes and the responsibilities shall be identified.

Law of the People’s Republic of China on Prevention and Control of Water Pollution

Article 3Water pollution prevention and treatment shall be done following the principle of “prevention be the first choice, prevention and treatment be integrated, and comprehensive treatment be practiced”, with the priority placed on the protection of drinking water source. Effort shall be spent to control industrial pollution, township domestic pollution, and prevent agricultural plain source pollution. Ecological treatment construction projects shall be promoted aggressively in order to prevent, control, or minimize water environmental pollution and ecological destruction.

Article 9Discharged water pollutants shall not exceed water pollutant discharging norm or the total discharge control volume for key water pollutants specified by the state or local authority.

Article 13Whenever pollutants are discharged to the water body in an area where the local standards for such water pollutant discharging have been in place, the local water pollutant discharging standards shall be applicable.

Article 17Environmental impact assessment shall be carried out pursuant to relevant laws for new, rebuilt, or expanded construction projects or other water facilities that discharge, directly or indirectly, pollutants to the water body. Any entity attempting to construct new, or reconstruct or expand existing effluent outlet in a river or lake shall firstly obtain the consent from relevant water administrative authority or watershed administrative organization. Installations for the prevention and control of water pollution at a construction project must be designed, built and commissioned together with the principal works of the project. Water pollution prevention installations shall be satisfactorily inspected by the environmental protection authority; no project shall be put into production or operation before the prevention installations have been satisfactorily inspected.

Article 18The state practices a total volume control for the discharging of key water pollutants.

Article 20The state practices a licensing system for pollutant discharging.

Article 29It is prohibited to discharge oils, acid liquor, alkali liquor or hyper-toxic fluids into water bodies. It is forbidden to wash in the water body any vehicle or container that has received oils or toxic pollutants.

Article 33It is not permitted to discharge or empty industrial waste solids, urban wastes, or other wastes into water body.

Article 35It is forbidden to discharge or empty toxic pollutant-tainted used water or pathogen-containing wastewater or other wastes through an absorbing well or pit, crevice, or karst cave.

Article 36It is forbidden to use any trench or pond without anti-seepage measures to convey or store toxic pollutant-containing used water or pathogen-containing wastewater or other wastes.

Article 40Relevant departments under the State Council and the local governments at and above county level shall make well-advised industrial planning and shall request water polluting enterprises to undergo technological transformation, take comprehensive prevention and control measures, improve water reuse rate, and minimize wastewater and pollutant discharge volume.

Article 41The state practices deselection of outdated processes and equipment that cause serious pollution to the water environment. Producers, vendors, importers or users shall, within a specified time limit, stop producing, vending, importing, or using any equipment included in the equipment catalogue as provided for in the aforesaid provision. The selector of processes shall, within a specified time limit, disuse any process included in the process catalogue as provided for in the aforesaid provision.

Article 42The state forbids any new construction of small-sized papermaking, tanning, printing & dyeing, dyestuff, coking, sulfur refining, arsenic refining, mercury refining, oil refining, electroplating, pesticide, asbestos, cement, glass, steel & iron, and thermal power plant, as well as other production projects causing serious pollution to the water environment.

Article 43Enterprises shall use clean processes that have a high raw material utilization factor and a low pollutant discharge and shall intensify the management in order to minimize the generation of water pollutants.

Article 67Institutions and enterprises prone to water pollution accident shall work out water pollution emergency plan and shall be well prepared for emergencies, and a periodical drilling shall be maintained. Institutions or enterprises producing or storing hazardous chemicals shall take precautions to avoid discharging directly into water body any firefighting water and waste fluids that may gravely pollute water body and that are generated during safety production accidents.

Table 2-2 Relevant domestic regulations and rules

Title

Relevant article

Regulation on National General Survey of Pollution Sources

Article 3The term “pollution source” as mentioned herein refers to any premises, facilities, or equipment which discharge pollutants to the environment in the process of production, livelihood, or any other activity, or have adverse impact on environment, as well as other sources producing pollution.

Article 8The subjects of national general survey of pollution sources are any entities or self-employed households within the borders of the People’s Republic of China that have pollution sources.

Article 10The scope of general survey of pollution sources shall include: industrial pollution sources, agricultural pollution sources, domestic pollution sources, facilities for centralized treatment of pollution, and other facilities generating or discharging pollutants.

Article 11The main items of general survey on industrial pollution sources shall include: enterprise’s basic registration information, raw material consumption, production, facilities giving rise to pollution, and the generation, control, discharge, and comprehensive utilization of various pollutants, as well as the construction and operation of different pollution prevention and control facilities.

Article 20Any of mid- or large-sized industrial enterprise covered under the scope of general survey of pollution sources shall specify a department to fill in and complete the survey form; whist other entities shall specify a person to fill in and complete the survey form.

Provisional Regulations on Clean Production Auditing

Article 2Clean production auditing as mentioned herein refers to such a process during which survey and diagnosis of the production and service is done in accordance with certain procedures in order to identify the causes of high energy and material consumption and heavy pollution, to bring up a proposal for reducing the use and generation of toxic and hazardous materials and for reducing energy and material consumption and waste generation, and ultimately to select a clean production scheme that is technically, economically, and environmentally feasible.

Article 3These regulations are applicable to all the entities engaging in production or service activities and all the departments engaging in relevant management activities within the boarders of the People’s Republic of China.

Article 8Compulsory clean production auditing shall be conducted in enterprises that carry out production using toxic or hazardous raw materials or discharge toxic or hazardous substances during production.

Toxic or hazardous raw materials or substances generally refer to hyper-toxic, highly corrosive, highly irritating, radioactive (other than nuclear power facilities or military nuclear facilities), carcinogenic, or teratogenic substances listed in List of Dangerous Goods (GB12268), List of Hazardous Chemicals, National Catalogue of Hazardous Wastes and Catalogue of Hyper-toxic Chemicals.

Regulations on the Administration of Collection and Use of Pollution Discharge Fees

Article 2Any entity or self-employed business (hereinafter referred to as pollution discharger) that discharges pollution directly to the environment shall pay pollution discharge fee in accordance with the provisions herein. A pollution discharger is not required to pay pollution discharge fee if he discharges wastewater to urban centralized wastewater treatment facilities and has paid wastewater treatment fee.

Article 6 A pollution discharger shall, in accordance with the stipulations of the environmental protection administrative department under the State Council, report the type and quantity of pollutants and relevant information to the environmental protection administrative department of the government at or above county level.

Article 10Pollution dischargers shall use automatic pollutant discharge monitoring devices, which shall have been compulsorily calibrated as per relevant state stipulations, to monitor pollutant discharging; the monitoring data will be used as reference to verify the type and quantity of pollutants. Automatic pollutant monitoring devices installed by a pollution discharger shall be calibrated on a regular basis pursuant to relevant legal provisions.

Article 12A pollution discharger shall pay pollution discharge fee as required below:

(2) Pollution discharge fees shall be paid by the type and quantity of pollutants in accordance with water pollution prevention law for pollutants discharged to water body; pollution discharge fees payable will be redoubled, according to the type and quantity of pollutants, for pollutants discharged to water body in excess of national or local discharge criteria.

Regulation on the Administration of Construction Project Environmental Protection

Article 3State and local pollutant discharge standards must be respected for construction projects that generate pollution; where total pollutant discharge volume control is practiced for key pollutants, such total discharge volume control requirements must also be satisfied.

Article 4Industrial construction projects shall adopt clean production technologies that have a low energy and material consumption and produce fewer pollutants; natural resources shall be used rationally in order to avoid environmental or ecological destruction.

Article 5Measures must be taken for reconstruction, expansion or technological transformation projects to treat previous environmental pollution or ecological destruction associated with this project.

Article 7The state practices a classified administration of environmental protection of construction projects in accordance with the following provisions and on the basis of the extent of the environmental impact of the projects:

(I)An environmental impact report shall be prepared for a construction project that may cause major impact on the environment, giving comprehensive and detailed assessment of the pollution generated and the environmental impact caused by the construction project;

(II)An environmental impact form shall be prepared for a construction project that may cause light impact on the environment, giving analysis or specific assessment of the pollution generated and the environmental impact caused by the construction project;

(III)An environmental impact registration form shall be filled in and submitted for a construction project that has little impact on the environment and does not need an environmental impact assessment.

Article 16Environmental protection installations needed for the construction project must be designed, built and commissioned together with the principal works of the project.

Article 19The project owner shall, during the trial production period, monitor the operation of the environmental protection installations and the environmental impact of the project.

Regulations on the Safety Administration of Dangerous Chemicals

Article 3Hazardous chemicals referred hereinto include explosives, compressed gas, liquefied gases, flammable liquids, flammable solids, self-combustible substances, flammable substances when wet, oxidants, organic peroxides, toxic substances, and corrosives.

Article 4For an entity that produces, deals in, stores, transports, or uses hazardous chemicals or disposes of hazardous chemical wastes (hereinafter referred to as hazardous chemical entity), the principal must ensure the entity’s safety management of hazardous chemicals is in conformance with pertinent laws, regulations, stipulations, and state standards and shall be responsible for hazardous chemical safety of the entity. Hazardous chemical entity personnel involved in the production, dealing, storage, transport, or use of hazardous chemicals or in disposing of hazardous chemical wastes must receive training on pertinent laws, regulations, stipulations, safety knowledge, technique, occupational and hygienic protection, and first-aid rescue, and shall not assume their post before being successfully qualified.

Article 15For an entity engaging in production with hazardous chemicals, the production conditions must conform to relevant state standards and stipulations and a license shall be obtained in accordance with pertinent state laws and regulations; meanwhile, a safety administration regulation system must be put in place and be perfected for the use of hazardous chemicals as an effort to ensure the safe use and management of hazardous chemicals.

Article 16Where hazardous chemicals are produced, stored or used, appropriate safety facilities and equipment for monitoring, ventilation, shading, temperature conditioning, fire prevention, firefighting, explosion-prevention, pressure releasing, gas-protection, sterilization, neutralization, damp-proof, lightning arresting, anti-static, anti-corrosion, anti-seepage, and checking dyke, or segregation operation shall, according to the type and properties of hazardous chemicals, be provided in the workshops or warehouses; meanwhile, service and maintenance shall be made as required by relevant state standards or stipulations in order to ensure they conform to safe operation requirements.

Article 17Any entity producing, storing, or using hyper-toxic chemicals shall have a safety evaluation of its production and storage facilities once a year; any entity producing, storing, or using other hazardous chemicals shall have a safety evaluation of its production and storage facilities once every two years.

Article 18Any entity producing, storing, or using hazardous chemicals shall provide telecommunication and alarm devices on the production, storage, or use premises and shall ensure they are operable under any circumstances.

2.1.2Industry and Environmental Protection Policies

In August of 2006, the then State Environmental Protection Administration (SEPA) of China made a total volume control plan of key pollutants in China during the “11th Five-Year Plan” period. In this plan, it proposes to “promote with great effort cleaner production, develop circular economy, reduce energy consumption and waste emission, and, to a larger extent, control the total release quantity of chemical oxygen demand (COD) in major industries like electric power, metallurgy, building material, chemical, papermaking, textile, printing & dyeing, and food & brewery, etc.” In the same year, the State Council stressed, in a resolution calling for stronger energy saving effort, that “industrial energy saving shall be intensified. As an emphasis, energy saving shall be properly done in major energy consuming industries such as iron & steel, non-ferrous metal, coal, electric power, petroleum and petrochemical, chemical, and building material and in enterprises that consume more than 10 thousand standard tons of coal per year. A ten-thousand-enterprise energy saving campaign shall be organized and carried out to urge enterprises to adjust proactively their product mix, accelerate energy saving technology transformation, and cut down energy consumption.” In the meantime, it is important to “push ahead with energy saving technology advance with great effort”, “increase energy saving monitoring and administration”, mobilize general public forces to further intensify energy saving work, accelerate the building of an energy-saving society in order to realize energy-saving targets set in the “11th Five-Year” plan outlines and to shift economic and social development effectively onto a general sustainable development track.

When it comes to the issue of unintentional persistent organic pollutants (dioxins in a large part) produced in non-wood pulp and paper making (NWPM), China has also taken active actions and has made relevant policies. In Stockholm Convention on Persistent Organic Pollutants (hereinafter known as POPs Convention for short), which as passed in May of 2001 in Stockholm of Sweden, polychlorinated dibenzo-p-dioxins (PCDD) and polychlorinated dibenzo-furans (PCDF) are included in persistent organic pollutants formed and released unintentionally from anthropogenic sources and it is pointed out that the source might be the production of pulp using elemental chlorine or chemicals generating elemental chlorine for bleaching. Chinese government signed POPs Convention on the plenipotentiary conference on May 23, 2001 and ratified this convention on the Tenth Session of the Standing Committee of the Tenth National People’s Congress on June 25, 2004. This convention is effective in China as of November 11, 2004.

With the intention to carry through and implement Decision on Implementing Scientific Concept of Development and Strengthening Environmental Protection by the State Council (Guofa [2005] 39#) and the spirit of the Sixth National Conference on Environmental Protection, to conscientiously implement POPs Convention, and also to further understand POPs pollution and situation in China, in 2006 and after deliberation by the SEPA, a decision was made to commence nationwide POPs situation survey starting from that year. In October of 2007, the National Development and Reform Commission issued Papermaking Industry Development Policy, which covers policy targets, industry layout, fiber raw materials, technology and outfit, product mix, organization structure, resource structure, environmental protection, industry admission, investment & financing, and paper consumption, etc.

This policy makes express requirements for the control of dioxin and pertinent pollutants generated in pulping process and encourages developing and applying high yield pulping technology, biotechnology, low-pollution pulping technology, moderate enriching technology, elemental chlorine free or totally chlorine free bleaching technology, low energy-consumption mechanical pulping technology, high-efficiency waste paper deinking technologies and associated equipment. It explicitly requests the deselection of such pulping technologies and equipment as chemical straw pulp production facilities and rotary spherical digester with an annual output of 34,000t or less and narrow width and low-speed papermaking machines known to be high energy-consuming and of low technology level. In addition, it prohibits lime process pulping technology and does not allow new projects to use elemental chlorine bleaching technology.

Table 2-3 presents relevant domestic policies and their principal contents.

Table 2-3

Relevant domestic policies and rules

Title

Relevant policies and rules

Policy on Wastewater Pollution Control Technology in Straw Pulp Papermaking Industry

II.Control target

6.According to the principle of integrating development with environmental protection and given the properties of NWPM wastewater treatment, pollution treatment of NWPM enterprises need to be above certain size: 34,000t pulp/a for newly constructed wheat straw pulping enterprises, 50,000t pulp/a for other NWPM enterprises; while 17,000t/a is the minimum size required for the construction of alkali recovery facilities for alkaline chemical pulping mills.

7.Chemical pulping mills (workshops) less than 5,000t/a in size shall be banned resolutely; for small-size chemical pulping enterprises less than 17,000t/a, the environmental pollution treatment targets shall be achieved by the end of 2000 through treatment, shutdown, suspension, merging, or shifting to other businesses.

III.Technical measures

8.For technical transformation and pollution treatment, papermaking enterprises shall use clean production technologies that consume less energy and has a lower pollution load; the technology threshold shall be raised, for instance, straw pulp raw materials that contain less silicon and more fiber are preferable.

9.For technical transformation and pollution treatment, papermaking enterprises shall use clean production technologies that consume less energy and has a lower pollution load. Straw pulp raw materials having a lower silicon content and a higher fiber content shall be used; automatic baling technique, lean-chlorine or chlorine-free bleaching technology shall be employed.

16.Encouraged wastewater treatment technology researches.

Circular on Properly Performing the Deselection of Outdated Papermaking, Alcohol, Monosodium Glutamate, Citric Acid Production Capacity Issued by NDRC and SEPA

In papermaking industry, deselection is mainly focused on straw pulp production facilities with an annual output less than 34,000t, chemical pulping production lines with an annual output less than 17,000t (Effluent Standard for Pollutants from Pulp and Paper Industry GB3554-2001 being applicable), and papermaking mills using waste paper as raw material with an annual output less than 10,000t and discharging above-quota pollution (Announcement of Revising “Effluent Standard for Pollutants from Pulp and Paper Industry” by SEPA, Huanfa [2003] 152# being applicable) (provinces in eastern and middle regions may appropriately apply more rigorous criteria to the deselection of outdated pulping and papermaking capacity). The overall target is to deselect 6,500,000t/a of outdated papermaking capacity within the “11th Five-Year Plan” period.

State Council Circular on Printing and Distributing “the 11th Five-Year” Planning of National Environmental Protection

The deselection of heaving-polluting small papermaking, small chemical, small tannery, small printing & dyeing, and small brewery enterprises that are not in agreement with industrial polices shall be accelerated. Pollution control and technological innovation effort shall be redoubled, with the emphasis laid on papermaking, brewery, chemical, textile, and printing & dyeing sectors. It is strictly prohibited to construct heavy water pollution enterprises like chemical, papermaking, printing & dyeing enterprises on the upper reaches of drinking water reserves.

State Council Circular on Printing and Distributing Comprehensive Work Plan of Energy Saving and Emission Reduction

The immoderately quick growth of heavy energy-consuming and heavy-polluting enterprises shall be restrained; the deselection of outdated production capacity shall be accelerated, and the effort shall be doubled in deselecting outdated capacity in papermaking, alcohol, monosodium glutamate, citric acid sectors. Energy-saving and water-saving technology policy outlines shall be carried through; a range of highly potential and extensively applicable major energy saving and emission reduction technologies shall be promoted in key sectors like iron & steel, non-ferrous metal, coal, electric power, petroleum and petrochemical, chemical, building material, textile, papermaking, and construction.

National Implementation Plan of the People’s Republic of China for Stockholm Convention on Persistent Organic Pollutants

China has been performing unintentional POPs monitoring in chlorophene derivatives, tetrachlorobenzoquinone, chlorobenzene, wastewater treatment, cement, iron & steel, papermaking, medical waste incineration, etc., and papermaking (chlorine bleaching) has been included in key industries to be firstly put under control. This plan proposes the action targets of reducing and eliminating unintentional POPs release and analyzes the gap with POPs Convention and necessary measures to be taken. Meanwhile, the stress is laid on the implementation of BAT/BEP management system.

Energy Saving and Emission Reduction Work Arrangement for 2009 in China

National industry policies and project review and approval regulations shall be strictly carried through during the process of adjusting and revitalizing key industries like iron & steel, auto, shipbuilding, petrochemical, light industry, textile, non-ferrous metal, equipment manufacturing, electronic information, and logistics; the deselection effort of outdated production capacity shall be redoubled in order to deselect 500,000t of outdated papermaking capacity. Supervision over energy saving and emission reduction shall be intensified and targeted environmental protection enforcement campaign shall be launched; supervision and check of the performance of total discharge volume control and pollution discharge licensing shall be done particularly in 12 heavy energy-consuming and heavy pollution-discharging industries, including electrical power, iron & steel, building material, and papermaking.

Development Policy of Papermaking Industry

Article 21The emphases of pulping and papermaking equipment R&D are: research and development of new processes, new technologies, and new equipment that use non-wood raw materials for pulping and papermaking, particularly the development of straw pulp alkali recovery technologies and equipment; water-saving and energy-saving technologies and equipment.

Article 22Technologies of papermaking industry shall develop toward high level, low energy consumption, and less pollution. It should be encouraged to develop high yield pulping technologies, biotechnologies, low-pollution pulping technologies, moderate enriching technologies, elemental chlorine free (ECF) or totally chorine free (TCF) bleaching technologies, low energy-consumption mechanical pulping technologies, high-efficiency waste paper deinking technologies, and associated equipment.

Article 23Pulping technologies and equipment such as chemical straw pulp production facilities and rotary spherical digester with an annual output of 34,000t or less shall be deselected; narrow width and low-speed papermaking machines known to be high energy-consuming and of low-level shall also be deselected. Lime process pulping shall be prohibited and new projects are not allowed to use elemental chlorine bleaching technique (existing enterprises shall phase out this technique). It is forbidden to import deselected and outdated second-hand pulping equipment.

2.1.3Environmental Standards

China has established different environmental quality standards according to the environmental function of different environmental media, like Environmental Quality Standards for Surface Water (GB 3838-2002), Marine Water Quality Standard (GB 3097-1997), Ambient Air Quality Standard (GB 3095-1996), and Environmental Quality Standard for Soils (GB 15618-1995). Among them, Environmental Quality Standards for Surface Water has undergone three revisions; however, its monitoring indices do not include the absorbable organic halogens (AOX), an index deserved to be monitored for effluent discharged by papermaking sector, or dioxin, which is likely to be generated during pulp bleaching process. Ambient Air Quality Standard and Environmental Quality Standard for Soils do not have dioxin monitoring index either.

In 2008, China formulated Discharge Standard of Water Pollutants for Pulp and Paper Industry (GB 3544-2008) particularly for water pollutants (including dioxin) generated during pulping and papermaking production process.

The principal standards and their main contents are given in Table 2-4.

Table 2-4Relevant domestic environmental standards

Standard title

Enforceable as of

Main contents

Environmental Quality Standard for Surface Water

(GB 3838-2002)

June 1, 2002

This standard, on the basis of environmental function category and protection target of surface water, specifies the items and limit values to be controlled for water environment quality; it also defines the analysis method of water quality assessment and water quality items and stipulates the implementation and supervision of this standard. It is applicable to surface water bodies serving certain purposes like river, lake, canal, channel, and water reservoir within the borders of the P. R. China.

Marine Water Quality Standard (GB 3097-1997)

July 1, 1998

This standard specifies water quality requirements for different use purposes in sea waters and is applicable to sea waters under the jurisdiction of P. R. China.

Ambient Air Quality Standard

(GB 3095-1996)

October 1, 1996

This standard defines the classification of ambient air quality function area, standard class, pollutants, measuring time & concentration limits, sampling & analysis method, and validity of statistics. It is applicable to ambient air quality assessment in China.

Environmental Quality Standard for Soils

(GB 15618-1995)

March 1, 1996

This standard specifies the allowable maximum pollutant concentration indices in soil and the monitoring and measuring methods according to the function, the protection targets, and the main properties of the soil. This standard applies to soils of cultivated field, vegetable field, tea plantation, orchard, pasture, forest, and natural reserve.

Discharge Standard of Water Pollutants for Pulp and Paper Industry

(GB 3544-2008)

August 1, 2008

This standard sets pollutant discharge limit values for pulping and papermaking enterprises or their production facilities. In addition to water pollutant discharge limit values for existing and newly constructed enterprises; this standard has also specified special water pollutant discharge limit values for places where special precautions are needed in order to avoid serious water environment pollution. Water pollutants dealt with in this standard include pH-value, chromaticity, suspended substance, BOD, COD, ammonia nitrogen, total nitrogen, total phosphorus, absorbable organic halogens (AOX), and dioxin. This standard also includes the criteria for water pollutant concentration measurement methods.

2.2Relevant Domestic Technical Guidelines

2.2.1Environmental Impact Assessment Technical Guidelines

Relevant Chinese EIA technical guidelines include:

1)Technical Guidelines for Environmental Impact Assessment—General Principles (HJ/T 2.1-93)

2)Technical Guidelines for Environmental Impact Assessment—Surface Water Environment (HJ/T 2.3-93)

3)Technical Guidelines for Environmental Impact Assessment—Atmospheric Environment (HJ 2.2-2008)

4)Technical Guidelines for Environment Risk Assessment of Construction Projects (HJ/T 169-2004)

5)Technical Specifications for Monitoring of Surface Water and Wastewater (HJ/T 91-2002)

6)Specifications for Ambient Air Quality Monitoring (Tentative) (Announcement No. 4 of 2007 by SEPA)

7)Technical Specifications for Soil Environmental Monitoring (HJ/T 166-2004)

Domestic technical guidelines have been prepared as regards project EIA, environmental risk assessment, and environmental monitoring. Specific monitoring factors (excluding dioxin) have been set for pulping and papermaking industry in Technical Guidelines for Environmental Impact Assessment—Surface Water Environment (HJ/T 2.3-93) and Technical Specifications for Monitoring of Surface Water and Wastewater (HJ/T 91-2002). However, Technical Guidelines for Environment Risk Assessment of Construction Projects (HJ/T 169-2004) does not provide any technical guidance to the assessment and monitoring of papermaking industry.

Relevant domestic technical guidelines and their main contents are given in Table 2-5.

Table 2-5List of domestic technical guidelines for environmental assessment and monitoring

Standard title

Main contents

Technical Guidelines for Environmental Impact Assessment—General Principles

(HJ/T 2.1-93)

This standard specifies the general principles, methods, scope, and requirements for EIA of construction projects. It is applicable to EIA of construction projects undertaken by industrial enterprises or public institutions. EIA of other construction projects may also be made on the basis of the principles and methods set forth in this standard.

Technical Guidelines for Environment Risk Assessment of Construction Projects

(HT/T 169-2004)

These guidelines define the purpose, basic principles, scope, procedures, and methods for environmental risk assessment of construction projects. These guidelines are applicable to environmental risk assessment of new, rebuilding, expansion, or technological transformation projects that involve the production, use, storage, or transportation of toxic, harmful, or flammable products. New, rebuilding, expansion, or technological transformation projects are mainly those involving the production of chemical raw materials and chemicals that are included in Catalogue of Environmental Protection Administration of Construction Projects issued by SEPA, petroleum and natural gas exploitation and refining, information chemicals manufacturing, chemical fiber manufacturing, non-ferrous metal smelting and processing, extraction, and building material.

Technical Guidelines for Environmental Impact Assessment –Surface Water Environment

(HJ/T2.3-93)

This standard specifies the principles, methods, and requirements for surface water EIA. It is applicable to surface water EIA of construction projects undertaken by industrial enterprises or public institutions. Surface water EIA of other construction projects may also be performed on the basis of these guidelines. Assessment is classified in three levels. This standard defines compulsory water quality test items for papermaking industry, including pH-values (or alkalinity), COD, BOD, suspended substance, water temperature, volatile phenol, sulfides, Pb, Hg, lignin, and chromaticity.

Technical Guidelines for Environmental Impact Assessment—Atmospheric Environment

(HJ 2.2-2008)

This standard specifies the scope, working procedures, methods, and requirements of atmospheric EIA and is applicable to atmospheric EIA of construction projects. Regional atmospheric EIA or EIA for planning may also be done by drawing reference from this standard.

Technical Specifications for Monitoring of Surface Water and Wastewater

(HJ/T 91-2002)

These specifications prescribe the distribution of monitoring points and sampling for surface water and wastewater, monitoring items and relevant analysis methods, watershed monitoring, monitoring data processing and reporting, wastewater flow rate computation method, quality assurance of water quality monitoring, and data sorting, etc. Meanwhile, basic methods have been provided for total volume control of pollutants, environmental protection acceptance monitoring of wastewater treatment facilities of construction projects, and emergency monitoring. Compulsory monitoring items for papermaking and paper product sectors included in these specifications are acidity (or alkality), COD, BOD5, AOX, pH, volatile phenol, suspended substance, chromaticity, and sulfides. Optional monitoring items are lignin and oils.

Specifications for Ambient Air Quality Monitoring (Tentative)

(Announcement No. 4 of 2007 by SEPA)

These specifications prescribe the requirements for the design and monitoring point layout of ambient air quality monitoring network, the methods and technical requirements for manual and automatic monitoring of ambient air quality, and the requirements for the management and processing of ambient air quality monitoring data. These specifications are applicable to routine ambient air quality monitoring activities made by national or local environmental protection administrative authorities in order to determine ambient air quality and prevent air pollution.

Technical Specifications for Soil Environmental Monitoring

(HJ/T 166-2004)

These specifications prescribe monitoring point stationing and sampling, sample preparing, analysis method, result representation, statistics, and quality assessment for soil environment monitoring. These specifications are applicable to the monitoring of regional soil background, cultivated soil environment, construction project soil environment, and soil pollution accidents in China.

2.2.2Technical Specifications for Cleaner Production

To promote cleaner production, increase resource utilization efficiency, minimize or avoid the generation of pollutants, protect and improve the environment, safeguard human health, and boost sustainable economic and social development, China compiled and then enacted Law of the People’s Republic of China on the Promotion of Cleaner Production on June 29, 2002. Then, China prepared cleaner production standards for different industries starting from 2003.

Researches indicate that, along with the quick growth of pulping and papermaking industry, dioxin—an unintentional by-product generated in the process of pulping and papermaking—has caused great pollution to the ecological environment. The sources of dioxin in pulping and papermaking industry include raw materials for pulping, chlorine bleaching of pulping, pulping and papermaking from waste paper, defoaming agents, and alkali recovery. Therefore, it is important to tighten dioxin management and control during production process and pollution release stage. From 2007 till now, China has established cleaner production standards for the purpose of cleaner production in papermaking industry. These standards include Cleaner Production Standard—Process of Bleached Alkali Bagasse Pulp in Paper Industry (HJ/T 317-2006), Cleaner Production Standard—Production of Bleached Soda Straw Pulp in Paper Industry (HJ/T 339-2007), Cleaner Production Standard—Production of Kraft Chemical Wood Pulp in Paper Industry (HJ/T 340-2007), and Cleaner Production Standard—Waste Paper Pulp in Paper Industry (HJ 468-2009). In 2008, in order to normalize environmental protection acceptance upon the completion of construction projects in papermaking industry, China formulated Technical Guidelines for Environmental Protection in Paper Industry Project for Check and Accept of Completed Project (HJ/T 408-2007). Table 2-6 gives a summary of the aforesaid technical specifications.

Table 2-6Domestic cleaner production standards and technical guidelines

Standard title

Enforceable as of

Main contents

Cleaner Production Standard—Process of Bleached Alkali Bagasse Pulp in Paper Industry

(HJ/T 317-2006)

February 1, 2007

This standard classifies into three levels the clean production of bleached alkali bagasse pulping process in papermaking industry. Considering the characteristics of papermaking industry, six indices are used to classify the levels, they are: resource utilization, characteristic process, comprehensive utilization of wastes, generation of pollutants (before end treatment), production process and equipment requirement, and environmental management requirement.

Cleaner Production Standard—Production of Bleached Soda Straw Pulp in Paper Industry

(HJ/T 339-2007)

July 1, 2007

This standard classifies into three levels the clean production of bleached soda straw pulping process in papermaking industry. According to the general requirements of cleaner production, five indices are used to classify the levels, they are: production process and equipment requirement, resource utilization, recycling and reuse of wastes, generation of pollutants (before end treatment), and environmental management requirement.

Cleaner Production Standard—Production of Kraft Chemical Wood Pulp in Paper Industry

(HJ/T 340-2007)

July 1, 2007

This standard is applicable to the production of unbleached sulfite chemical wood pulp and bleached sulfite chemical pulp in papermaking industry and it classifies into three levels the clean production of this production process. According to the general requirements of cleaner production, five indices are used to classify the levels, they are: production process and equipment requirement, resource utilization, recycling and reuse of wastes, generation of pollutants (before end treatment), and environmental management requirement.

Guidelines for Environmental Protection in Paper Industry Project for Check and Accept of Completed Project

(HJ/T 408-2007)

April 1, 2008

In this standard, the following have been specified: the determination of the scope of environmental protection acceptance work upon the completion of construction projects in papermaking industry, the principle for the selection of applicable standards, key points to be considered in engineering and pollution treatment and discharge analysis, distribution of acceptance monitoring points, sampling, and analysis method, quality control and quality assurance, technical requirements for the assessment of monitoring results, and technical requirements for the scope and plan of acceptance investigation and for the preparation of report. This standard is applicable to environmental protection acceptance upon the completion of new, expansion, rebuilding, or technical transformation construction projects undertaken by pulping, papermaking or pulping-papermaking enterprises.

Acceptance monitoring factors in this standard include AOX monitoring in discharging outlet of workshop or production facilities.

2.3Environmental Protection Policies and Environmental Assessment Guides of the World Bank2.3.1Environmental Assessment Guide System of the World Bank

In order to ensure its operation does not endanger humankind and the environment, the World Bank prepares the following environmental assessment guides and protection policies depending on the potential risks and negative environmental influences of its operation:

(1)OP/BP 4.01 Environmental Assessment;

(2)OP/BP 4.04 Natural Habitats;

(3) OP 4.36 Forestry

(3)OP 4.09 Pest Management;

(4)OP 4.37 Safety of Dams

(5)OP 4.11 Physical Cultural Resources;

(6)OP/BP 4.12 Involuntary Resettlement;

(7)OD 4.20 Indigenous Peoples;

(8)OP/BP 7.60 Projects in disputed areas;

(9)OP 7.50 Projects on International Waterways;

(10)The World Bank Policy on Disclosure of Information 2002.

OP 4.01 mainly includes six components: environmental assessment instruments, environmental screening, environmental assessment for special project types, institutional capacity, public consultation, disclosure, and implementation. Annex A provides the definition of 8 terms, Annex B describes the content of an environmental assessment report for Category A projects, while Annex C is environmental management plan (including mitigation, monitoring, capacity development and training, implementation schedule and cost estimates, integration of EMP with project).

The main content of BP 4.01 includes nine components: project category, preparation of environmental assessment report, deliberation and disclosure, project appraisal, documented recording, supervision and appraisal, function of environment department, appraisal of financed project, and special situation.

OP/BP 4.01 is designed to review the potential environmental risks and revenues of projects financed by the World Bank. The World Bank requires environmental assessment of projects proposed for its financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making. The World Bank treats environmental assessment as a process made on the basis of a through understanding of the project and the project region and during which the breadth, depth, and type of environmental impact of the project and its operation are analyzed and this process includes the following: evaluating a project’s potential environmental risks and impacts in its area of influence; examining project alternatives; identifying ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and including the process of mitigating and managing adverse environmental impacts throughout project implementation. The World Bank favors preventive measures over mitigatory or compensatory measures, whenever feasible.

Environmental assessment shall take into account natural and social aspects, including in an integrated way: natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property), and transboundary and global environmental aspects. Environmental assessment also takes into account the variations in project and country conditions; the findings of country environmental studies; natural environmental action plan; the country’s overall policy framework, national legislation, and institutional capabilities related to the environmental and social aspects; and obligations of the country, pertaining to project activities, under relevant international environmental treaties and agreements. The World Bank does not finance project activities that would contravene such country obligations, as identified during the environmental assessment. Environmental assessment should be initiated as early as possible in project processing and should be integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project.

2.3.2Requirement of WB Policy on Information Disclosure

The purpose of the World Bank policy on disclosure of information is arousing the awareness of the problems associated with development, global information sharing, and ensuring the participability of the World Bank projects. Past experiences demonstrate that information sharing and consultation by governments and third-party stakeholders help improve the quality of project implementation. Ever since 1985, the World Bank expands its scope of information disclosure on a regular basis. Now, the World Bank has issued most operational guides and tries to expand wider and wider the participants of its projects.

The World Bank Policy on Disclosure of Information 2002 mainly describes pertinent policy on disclosing to the public the information held by the World Bank. For the purpose of promoting development efficiency and reducing poverty, the World Bank reiterates the acknowledged transparency and reliability of its activities. The policy text consists of four parts: the first one is Introduction and the second one provides detailed description of the World Bank policy on disclosure. The third part lists the information categories available to the public, individual, or groups. Part IV is devoted to Constraints. While every effort is made to keep constraints to a minimum, there is still some information not to be made publicly available.

2.3.3 IFC Environment, Health and Safety Guidelines –Pulp and Paper Mills

As per OP4.01 requirement, the proposed World Bank project is also subject to the IFC’s Environment, Health and Safety Guidelines which apply for all World Bank Group members. The Environmental, Health, and Safety (EHS) Guidelines are technical reference documents with general and industry specific examples of Good International Industry Practice. The Environment, Health and Safety Guidelines – Pulp and Paper Mills are specific guidelines for pulp and paper sector contain the performance levels and measures that are generally considered to be achievable in new facilities by existing technology at reasonable costs.

The EHS Guideline for Pulp and Paper Mills includes information relevant to pulp and paper manufacturing facilities including wood-based chemical and mechanical pulping, recycled fiber pulping, and pulping based on non-wood raw materials such as bagasse, straw, and reed. It describes the industry-specific impacts and management, performance indicators and monitoring, effluents and emissions guidelines, etc.

The applicability of specific technical recommendations should be based on the professional opinion of qualified and experienced persons. When host country regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve whichever is more stringent. If less stringent levels or measures than those provided in these EHS Guidelines are appropriate, in view of specific project circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for any alternate performance levels is protective of human health and the environment.

A full EHS Guideline for Pulp and Paper Mills is attached as Annex 4.

3Guide for Preparing and Implementing BAT/BEP Environmental Assessment

3.1Responsibility Subject and Assessment Procedure of EIA

3.1.1Responsibility Subject

BAT/BEP transformation by NWPM for UPOPs release reduction is a kind of technology and management innovation made by a special industry for special pollutant control. According to the provisions of Article 24 of Chapter III of Environmental Impact Assessment Law of the People’s Republic of China (2003), environmental impact assessment (EIA) is mandatory for any construction project undergoing rebuilding, expansion, or major production technology and process variation. The following key stakeholders are concerned in EIA of BAT/BEP transformation in non-wood pulp and paper making (NWPM) industry: governmental environmental protection authorities and industrial administrative authorities, the World Bank, enterprises, industrial research institutes, environmental assessment agencies, and the general public and NGOs. The relationship among different responsibility subject is illustrated in Fig. 3-1.

enterprises

undergoing

BAT/BEP

transformation

enterprises

undergoing

BAT/BEP

transformation

filing

industrial policies

technical standards

assessment

service

opinion and

recommendation

Review

and

approval

entrusting

assessment

technical support

Submit

for

approval

disclosure of

information

Project

proposing

Financial

support review

of assessment

Research task

General

public;

NGOs

General

public;

NGOs

environment

al impact

assessment

agencies

environment

al impact

assessment

agencies

industrial

research

institutes

industrial

research

institutes

Environme

ntal

authorities

Environme

ntal

authorities

World bank

World bank

industrial

authorities

industrial

authorities

Figure 3-1 Key stakeholders and their relations in the EIA process of adopting BAT/BEP

· Enterprise

—The enterprise has the duty to conform to the latest national or local discharge standards in dioxin and other major pollutants and carry out necessary BAT/BEP transformation.

—Prior to BAT/BEP transformation construction, the enterprise shall invite adequately qualified EIA agency to perform EIA of the transformation works, which shall be commenced only after the environmental impact assessment report has been reviewed and approved by environmental protection authority.

—The enterprise is under an obligation to make available to the public the BAT/BEP transformation content, the expected degree of clean production after transformation, the impact upon ambient environment quality and ecological system, the influence upon public health and living, proposed environmental protection measures and anticipated effects, and the commitments to the general public; environmental information shall be disclosed to the public in a timely fashion during the course of construction and operation.

—The enterprise is obliged to provide true and correct production process parameters, pollution release data, and other necessary information to EIA agency and assist the latter in correctly and accurately assessing the environmental impact of BAT/BEP transformation.

—The enterprise is obliged to provide environmental protection works and measures as suggested in the approved EIA report and shall ensure the proper operation of environmental protection equipment.

· Governmental environmental protection authority

—Environment administrative authority is expected to, in accordance with the procedures set forth in Environmental Protection Law of the People’s Republic of China, perform technical review of submitted EIA documents of BAT/BEP transformation of the enterprise.

—Upon the completion of the enterprise’s transformation works, the environmental administrative authority is to have an acceptanc