中国环评制度的发展历程及展望

环评制度作为中国知名度最高的环境管理手段之一,在环保工作中发挥了重要作用,但近年来也暴露出众多问题,广为社会关注。特别是十八大以来,关于环评改革的呼声日益高涨。本文系统回顾了环境影响评价制度在中国的发展历程,以环评重大事件为分水岭,首次将环评发展历程划分为成长期、发展期、壮大期和问题高发期。以此为基础,总结了当前环评制度的主要问题,并剖析了其深层次原因,包括制度设计失当、体系运行失效、公众意识觉醒等,最后针对这些问题为环评制度的优化与发展提出了建议。     

我国城市总体规划环境影响评价探讨

城市总体规划是城市发展之纲,在我国城市规划体系中占有重要地位。随着环评法的实施,我国已陆续开展了多项城市总体规划环境影响评价工作,取得了理论、方法等方面的进展和实践经验。本文根据城市总体规划的特点和任务探讨了城市总体规划环评的重点,并对城市总体规划环境影响的评价实施主体、层次深度、替代方案、承载力评价、景观影响评价、风险评价和跟踪评价等方面做了进一步的讨论。     

EIA application in China's expressway infrastructure: clarifying the decision-making hierarchy

China's EIA Law came into effect in 2003 and formally requires road transport infrastructure development actions to be subject to Environmental Impact Assessment (EIA). EIAs (including project EIA and plan EIA, or strategic environmental impact assessment, SEA) have been being widely applied in the expressway infrastructure planning field. Among those applications, SEA is applied to provincial level expressway network (PLEI) plans, and project EIA is applied to expressway infrastructure development 'projects' under PLEI plans. Three case studies (one expressway project EIA and two PLEI plan SEAs) were examined to understand currently how EIAs are applied to expressway infrastructure development planning. Through the studies, a number of problems that significantly influence the quality of EIA application in the field were identified. The reasons causing those problems are analyzed and possible solutions are suggested aimed at enhancing EIA practice, helping deliver better decision-making and ultimately improving the environmental performance of expressway infrastructure.     

A landscape vulnerability analysis method proposal and its integration in the EIA

Landscape is the area primarily affected by proposed human projects. The prediction and evaluation of the potential anthropogenic impacts under Environmental Impact Assessment (EIA) is therefore one of the major environmental tools for prevention of any deteriorative or destructive actions. To conduct EIA properly requires inclusion of a determination of landscape vulnerability which expresses the possible landscape reaction to impacts of any exogenous factors. When it is designated correctly, the suitable human activities are determined more accurately. Even though many techniques for this have been suggested worldwide, lots of deficiencies have surfaced in their application. This paper presents a method for landscape vulnerability analysis which consists of qualitative evaluation of landscape receptors, their scoring, the vulnerability degree calculation, and overall reliability evaluation. The method proposed can improve the impact objectivity of prediction and evaluation and the suggestion of precise mitigation measures with the purpose of achieving sustainable landscape management.     

化工园区规划环评中应重点关注的问题分析——以新疆吐鲁番市沈宏化工园区为例

化工园区开发建设项目具有建设内容复杂、建设范围大、建设周期长等特点,且不确定性强,产生污染物种类多、数量大,对周边区域的环境影响复杂,其规划环境影响评价应主要依据《开发区区域环境影响评价技术导则》编制。根据化工园区开发项目的环境影响特点,选址、功能区布局、产业规划及可持续发展能力分析作为化工园区规划环评中重点关注的问题,并给予重点评价。     

建设项目竣工环保验收监测中常见问题及应对措施

建设项目竣工环保验收监测中常常出现建设同环评和初步设计不相符、变更粉尘产污环节、环评文本遗漏重要敏感点评价、数据异常、工况条件不满足要求等问题,基于此提出了重新报批变更的工程内容,向环保主管部门说明变更情况,对遗漏部分进行补充评价并监测,对异常数据查明原因后科学剔除,以及按照实际工况进行监测等应对措施。     

新老建设项目环境保护管理法规对照分析

最近颁布的《建设项目环境保护管理条例》,使我国环境影响评价制度在法制化的轨道上又向前迈进了一步,对我国环境影响评价工作的开展将产生重大影响。本文就原《建设项目环境保护管理办法》与新条例作出分析比较。     

回顾性环境影响评价程序及内容研究

回顾性环境影响评价是环境影响评价的一个分支,是继常规环境影响评价之后,为检验实际环境影响和减缓措施的有效性行为。其工作内容主要包括环境监测、检验与评估、环境管理及其他环境研究。它既是对原环境影响评价过程中所使用的预测模型和结果正确性的验证,又是对原工作内容进行重要的补充和修正,并提出更为合理和实用的环境保护措施及对策     

试论农业政策的环境影响评价简

为了实现农业政策的生态化,即农业政策以环境保护为导向,减少农业政策对环境的影响,需要对农业政策进行环境影响评价。通过深入分析农业政策的环境影响评价对法治建设和生态文明建设的意义,认为在当前我国环境影响评价制度缺少相关政策层面环评的情况下,应当先对农业政策进行环评,通过确立政策环评范围、主体,对其进行阶段性设置,从而完善环评的法律体系,实现农业政策与环境保护的统一。     

The integration of EIA and planning in New Zealand: changing process and practice

The Resource Management Act, passed in 1991, has significantly revised the practice of Environmental Impact Assessment (EIA) in New Zealand. In contrast to a previous emphasis on environmental impact reports of major projects, the new requirements call for environmental impact assessment of all resource consent applications and of all regional, district and city policies and plans. This signals a change directed at incorporating environmental considerations into day‐to‐day planning decisions, with the purpose of achieving sustainable management. The paper identifies and discusses some key issues which are critical for successful integration of EIA within a planning framework.     

Environmental Impact Assessment Under the National Environmental Policy Act and the Protocol on Environmental Protection to the Antarctic Treaty

US government actions undertaken in Antarctica are subject to the requirements of both the Protocol and the US National Environmental Policy Act (NEPA). There are differences in the scope and intent of the Protocol and NEPA; however, both require environmental impact assessment (EIA) as part of the planning process for proposed actions that have the potential for environmental impacts. In this paper we describe the two instruments and highlight key similarities and differences with particular attention to EIA. Through this comparison of the EIA requirements of NEPA and the Protocol, we show how the requirements of each can be used in concert to provide enhanced environmental protection for the antarctic environment. NEPA applies only to actions of the US government; therefore, because NEPA includes certain desirable attributes that have been refined and clarified through numerous court cases, and because the Protocol is just entering implementation internationally, some recommendations are made for strengthening the procedural requirements of the Protocol for activities undertaken by all Parties in Antarctica. The Protocol gives clear and strong guidance for protection of specific, valued antarctic environmental resources including intrinsic wilderness and aesthetic values, and the value of Antarctica as an area for scientific research. That guidance requires a higher standard of environmental protection for Antarctica than is required in other parts of the world. This paper shows that taken together NEPA and the Protocol call for closer examination of proposed actions and a more rigorous consideration of environmental impacts than either would alone. Three areas are identified where the EIA provisions of the Protocol could be strengthened to improve its effectiveness. First, the thresholds defined by the Protocol need to be clarified. Specifically, the meanings of the terms “minor” and “transitory” are not clear in the context of the Protocol. The use of “or” in the phrase “minor or transitory” further confuses the meaning. Second, cumulative impact assessment is called for by the Protocol but is not defined. A clear definition could reduce the chance that cumulative impacts would be given inadequate consideration. Finally, the public has limited opportunities to comment on or influence the preparation of initial or comprehensive environmental evaluations. Experience has shown that public input to environmental documents has a considerable influence on agency decision making and the quality of EIA that agencies perform.     

我国环境影响评价与社会稳定风险评估制度关系的思考

环境影响评价制度和社会稳定风险评估制度作为预防和控制环境影响、创新社会风险管理的重要制度,实施以来发挥了重要作用,但也出现了工作边界和内容范围交叉的问题。尤其是近年来,环境污染焦虑引发社会风险事件的建设项目不断增多,导致两者的"天然联系"愈发紧密,工作存在模糊地带的问题愈发凸显,致使建设项目行政审批繁复、执行力差。在梳理环评、稳评的发展历程和存在问题的基础上,深入分析了环评和稳评的法律地位、适用范围、评价目标、评价内容、实施主体和程序上的异同,剖析了两者在制度设计和内容衔接方面的关系,并从理清工作边界职责、环境社会风险评估结果共享、强化稳评公众参与等方面提出了环评和稳评政策衔接的建议,为政府有效实施建设项目环境、社会监管提供决策参考。     

A contribution for the evaluation of the territorial impact of transport infrastructures in the early stages of the EIA: application to the Huelva (Spain)–Faro (Portugal) rail link

The Environmental Impact Assessment (EIA) procedure should predict and identify the major impacts of a project development that may cause specific spatial and temporal effects. Early in the EIA, the scoping stage provides all the relevant information on the impacts of the project alternatives. In particular, potential effects on the territorial network such as habitat connectivity loss and accessibility improvements should be taken into account in the various proposed layout alternatives when evaluating transport infrastructure projects. However, several authors have identified deficiencies in practice. The aim of this article is to provide a methodology for the assessment of these territorial impacts using adequate indicators in the early stages of the EIA procedure.

The proposed method is based on a comparison of a range of alternative layouts for a railway line linking two population centres, using indicators calculated with geographic information systems. The methodology was applied to a case study – the rail link between Huelva (Spain) and Faro (Portugal) – and the high speed rail (HSR) and conventional rail were evaluated in different layouts. The method was effective in spatially identifying significant impacts on accessibility improvements, which occurred closer to the cross border area. The conventional railway alternatives have similar accessibility values to the HSR. The results also reveal that connectivity loss is not limited to the area around the infrastructure, but extends throughout the territory. The results are at variance with the initiative proposed by Spanish and Portuguese transport decision-makers, and raise the possibility of selecting a conventional railway option. An adequate territorial evaluation methodology enables the new action to be correctly assessed, and supplies the information required to propose the most suitable alternative from a socio-economic and environmental standpoint, regardless of whether this proposal was initially included in the transport policy.     

The significance of environmental impacts: an exploration of the concept

Since environmental impact assessment (EIA) is concerned primarily withsignificant environmental impacts, the concept of impact significance deserves to be defined and applied rigorously. In this article use of the term over the past 15 years in EIA documentation is reviewed. Some recent attempts at elucidating the concept are summarized. Four perspectives on impact significance that emerged from a series of workshops on the ecological basis for EIA are presented. These perspectives include (a) statistical (related to problems of isolating project-induced changes from natural variation), (b) ecological (related to the importance of project-induced changes from a purely ecological perspective), (c) social (related to the acceptability of project-induced changes in important environmental attributes), and (d) project (related to whether project-induced changes will indeed influence project decision making). The following synthesis is proposed: Any exercise in judging the significance of an environmental impact should thoroughly consider (a) the importance of the environmental attribute in question to project decision makers, (2) the distribution of change in time and space, (c) the magnitude of change, and (d) the reliability with which change has been predicted or measured. The implications of considering these factors are discussed.     

Road Developments in the UK: An Analysis of Ecological Assessment in Environmental Impact Statements Produced between 1993 and 1997

Environmental impact assessment (EIA) has been required for certain proposed road developmentsin the UK since EC Directive (85/337) was implemented in 1988. The extent to which the requirements of the EIA Directive are met with respect to ecological issues has been explored in earlier reviews of road statements (Treweek et al., 1993) and of UK environmental impact statements (EISs) in general (Thompson et al., 1997). This paper describes the results of a further review of 40 EISs produced between 1993 and 1997 and also examines recent changes in the political context for EIA of proposed road developments,including developments in UK transport policy and the UK biodiversity process. The results of the review suggest that the ecological assessment of proposed road developments has improved in some respects, but also highlights the persistence of many shortcomings identified in earlier reviews. The reasons for ongoing failure to address these issues are explored. Key findings include a marked improvement in the extent of reference to consultation with statutory consultees and an increase in the proportion of EISs reporting the results of new ecological surveys. However, while potential ecological impacts were discussed in all the EISs reviewed, many still failed to predict the full range of potential ecological impacts.     

Institutional Challenges for EIA Implementation in China: A Case Study of Development Versus Environmental Protection

This paper provides a complete case study analysis of environmental impact assessment (EIA) implementation in China from planning to legal challenge, which is typical but rarely reported. The analysis takes an historical perspective on the regulatory and institutional structures through which EIA has been implemented in China, in order to evaluate the extent to which EIA has matured over the last 10 years. The case study relates to a proposed recreation/tourist development at Dianshan Lake, a protected water resource for Shanghai. Legal and administrative challenge began in 1993, when the case was initiated with a letter from the public, and concluded in 1996, when the case was decided in a court judgment. More recent follow-up research indicates that many issues have continued to be problems for EIA implementation in China. Policy implications in terms of regulatory structure, institutional arrangement, EIA procedure, EIA practitioners, and public participation can be drawn, and lessons learned for both the government and the developers. The study emphasizes the problem of relying on reorientation of existing institutions to promote new (environmental) priorities.     

从项目评价到战略评价

文章阐述了《环境影响评价法》立法的重大意义。     

EIA screening and nature protection in Denmark

The number of environmental impact assessment (EIA) screenings in Denmark has increased dramatically since 2000. This is a consequence of increased pig production as well as the concentration of production on larger farms. In the same period, EIA rules have developed primarily due to an increased focus on the protection of groundwater and Natura 2000 sites. In particular, the implementation of Natura 2000 in Danish legislation has increased the demands on many farms. In its rulings on appealed cases, the Nature Protection Board of Appeal has strengthened its demands, and this is mirrored in screening practices. In this paper, the demands formulated in the guidelines of local authorities were analysed in order to investigate how the protection of groundwater, coastal waters, lakes and Natura 2000 sites develops through EIA screening. It is concluded that the level of protection has improved, and that the main cause for this is not EIA regulations as such, but the positive role which the implementation of the Natura 2000 objectives has played in this development. However, it was also found that the formulation of demands varies greatly between the counties, thus often resulting in ambiguity and leaving room for quite different practices in different counties.     

用政策作指导以法律为依据提高环境评价质量

本文提出了环境影响评价必须用政策作指导 ,以法律为依据 ,提高环境影响评价质量的几点意见。