Description of possible types of impact on the environment of the planned economic and other activities. IV

Article 32 environment

1. Environmental impact assessment (EIA) - a type of activity for identifying, analyzing and accounting for direct, indirect and other consequences of the impact on the environment of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. An environmental impact assessment is carried out in relation to the planned economic and other activities, the supporting documentation of which is subject to environmental expertise in accordance with the Law on Environmental Expertise. So, in particular, according to Art. 14 of this law, the state environmental impact assessment, including repeated, is carried out only if the submitted materials contain documentation containing environmental impact assessment materials of economic and other activities subject to examination.

The purpose of the EIA is to prevent or mitigate the impact of economic and other activities on the environment and related social, economic and other consequences. Its results are:

a) information on the nature and extent of the impact on the environment of the proposed activity, alternatives for its implementation, assessment of environmental and related socio-economic and other consequences of this impact and their significance, the possibility of minimizing the impacts;

b) identifying and taking into account public preferences when making decisions by the customer regarding the planned activity;

c) decisions of the customer to determine alternative options for the implementation of the planned activity (including the location of the facility, the choice of technologies, etc.) or abandon it, taking into account the results of the EIA.

When conducting an EIA, it is necessary to proceed from the potential environmental hazard of any activity (the principle of presumption of a potential environmental hazard of any planned economic or other activity), as well as the equal obligation of the requirements for conducting an EIA for any individuals and legal entities (both commercial and non-commercial) without exception.

There are several stages of the EIA. The first stage is notification of the authorities and informing the public about the proposed activity, preliminary assessment and preparation of terms of reference for the environmental impact assessment.

The second stage is the conduct of studies on environmental impact assessment and the preparation of a preliminary version of environmental impact assessment materials.

The third stage is the preparation of the final version of the environmental impact assessment materials. The final version of the EIA materials is prepared on the basis of the preliminary version of the materials, taking into account the comments, suggestions and information received from the participants in the environmental impact assessment process at the discussion stage. The final version of environmental impact assessment materials should include information on the consideration of received comments and proposals, as well as protocols of public hearings (if any). The final version is approved by the customer, submitted for use in the preparation of supporting documentation and submitted as part of it for the state environmental review, as well as for the public environmental review (if it is carried out).

In the event that the planned economic and other activities may have a transboundary impact, research and preparation of materials on environmental impact assessment is carried out taking into account the provisions of the UNECE Convention on Environmental Impact Assessment in a Transboundary Context of 1991. The implementation of the EIA procedure is provided for and other international documents, including the materials of the 1992 UN Conference in Rio de Janeiro. Thus, the participants of this Conference emphasized that public participation in environmental impact assessment is one of the prerequisites for achieving sustainable development(Section 23.2 of Agenda 21).

At present, a certain problem is the legal regulation of the EIA of capital construction objects, which is necessary for passing the state examination as part of the project documentation. Since the introduction of a unified, comprehensive state expertise, carried out according to the rules of urban planning legislation (2007), the question has arisen of the need to conduct an EIA of capital construction projects, the design documentation for which was excluded from the list of objects of state environmental expertise. Article 49 of the Civil Code of the Russian Federation establishes that the "List of Measures for Environmental Protection" (LEEP) is submitted as part of the project documentation for state expertise. The composition of the PMOOS is regulated by Decree of the Government of the Russian Federation of February 16, 2008 N 87 "On the composition of sections of project documentation and requirements for their content" and includes:

The results of the assessment of the impact of the capital construction object on the environment;

List of measures to prevent and reduce possible negative impact planned economic activity on the environment and rational use natural resources for the period of construction and operation of the capital construction facility,

List and calculation of costs for the implementation of environmental protection measures and compensation payments.

Thus, it can be stated that the EIA of a capital construction object is part of the PMO.

The difficulty lies in the fact that the Regulations on the assessment of the impact of planned economic and other activities on the environment in Russian Federation, approved by the Order of the State Committee for Ecology of the Russian Federation dated May 16, 2000, refers to the assessment of the impact of an activity, not an object. In addition, in the EIA Regulations, the final result of the impact assessment procedure is the submission of materials to the state environmental, and not to the state expertise. Thus, we are dealing with a certain legal gap in relation to the rules and procedures for passing the EIA of capital construction projects. In practice, EIA in this case passes according to the rules for assessing the impact on the environment of environmentally hazardous activities.

2. Informing the public and other participants in the environmental impact assessment at the stage of notification, preliminary assessment and preparation of the terms of reference for its implementation is carried out by the customer. Information in summary is published in official publications of federal executive authorities (for objects of expertise at the federal level), executive authorities of the constituent entities of the Russian Federation and bodies local government, on the territory of which the implementation of the object of the state environmental expertise is planned, and economic and other activities may have an impact.

The publication provides information about the name, objectives and location of the proposed activity; the name and address of the customer or his representative; the approximate timing of the environmental impact assessment; the body responsible for organizing the public discussion; the intended form of public discussion (poll, hearings, referendum, etc.), as well as the form for submitting comments and suggestions; terms and place of availability of the terms of reference for environmental impact assessment and other information.

The customer (executor) accepts and documents comments and suggestions from the public within 30 days from the date of publication of the information. These comments and suggestions are taken into account when drawing up the terms of reference for the environmental impact assessment and should be reflected in the environmental impact assessment materials.

At the stage of the environmental impact assessment, the action plan is specified in the course of public discussions of the proposed economic activity, including the advisability (inappropriateness) of holding public hearings based on the materials of the environmental impact assessment. When deciding on the form of holding public discussions, including public hearings, it is necessary to be guided by the degree of environmental hazard of the planned economic and other activities, take into account the uncertainty factor, the degree of public interest.

Public discussions - a set of activities carried out as part of the impact assessment aimed at informing the public about the proposed economic and other activities and their possible impact on the environment, in order to identify public preferences and take them into account in the impact assessment process. The procedure for holding public discussions is determined by local governments with the participation of the customer (executor) and the assistance of the interested public. The customer provides public access to the final version of the EIA materials during the entire period from the moment the latter is approved and until a decision is made on the implementation of the proposed activity.

The composition of the environmental impact assessment materials is determined by the procedure for its implementation and depends on the type of planned economic and other activities, the requirements for the substantiating this activity documentation that is the object of environmental expertise. The degree of completeness (detail) of the environmental impact assessment depends on the scale and type of planned economic and other activities and the characteristics of the proposed region for its implementation. The main procedural issues of conducting an EIA are specified in the Regulations on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation, approved by the Order of the State Committee for Ecology of the Russian Federation dated May 16, 2000.

3. There is a number good examples work of this legal norm. Thus, in January 2005, public hearings were held in Irkutsk as part of the EIA procedure, in which more than 160 people took part. The subject of discussion was the gasification project Irkutsk region involving several stages. In general, the project received a positive evaluation who took part in the discussion of the public; comments were clarifying. All comments were recorded in the protocol with a promise from the developers to take them into account in the course of finalizing the project. * (48)

In February 2006, public hearings were held on the environmental impact assessment of the "Feasibility study for the construction of the Kovykta - Sayansk - Irkutsk gas pipeline" in several municipalities on the territory of the Irkutsk region and the Ust-Orda Buryat Autonomous Okrug. * (49)

Assessment of the environmental impact of the Nizhne-Kureiskaya HPP on the river. Kureike" was completed in accordance with the Terms of Reference, which passed public discussions and amended based on the results of the first stage of the EIA in February 2009. As part of the second stage of the EIA procedures, the draft materials for public discussion "Environmental Impact Assessment" were prepared and posted in public reception areas. Nizhne-Kureiskaya HPP on the river. Kureika" and a Non-Technical Summary. Public discussion of the project materials took place on July 16, 2009 in the village of Svetlogorsk (112 people took part in the hearings) and on July 17, 2009 in the village of Turukhansk (86 people).

The materials of the final version of the "Environmental Impact Assessment of the Nizhne-Kureiskaya HPP on the Kureyka River" were developed based on the results of the third stage of the EIA - public discussion of the preliminary version of the EIA materials, in accordance with established by law Russian Federation by the procedure for implementing this procedure ("Regulations on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation"). Questions, comments, suggestions and comments received during the discussion are collected and registered in special registration logs, as well as in the protocols of public hearings. All entries were carefully analyzed, and corrections were made to the final version based on comments. Reasonable answers have been prepared for the questions that have been asked. Registration journals are attached to the materials of public discussions and are included in the set of documentation submitted to the Customer for submission to the State Expertise. * (50)

3.1.1. During the first stage, the customer:

Prepares and submits to the authorities substantiating documentation containing general description planned activities; the purpose of its implementation; possible alternatives; description of the conditions for its implementation; other information provided for by the current regulatory documents;

Informs the public in accordance with clauses 4.2, 4.3 and 4.4 of these Regulations;

Conducts a preliminary assessment on the main provisions of clause 3.2.2 and documents its results;

Conducts preliminary consultations in order to identify participants in the environmental impact assessment process, including the public concerned.

During the preliminary environmental impact assessment, the customer collects and documents the following information:

On the planned economic and other activities, including the purpose of its implementation, possible alternatives, the timing of implementation and the proposed location, affected administrative territories, the possibility of transboundary impact, compliance with territorial and sectoral plans and programs;

On the state of the environment that may be affected and its most vulnerable components;

On possible significant impacts on the environment (needs for land resources, waste, pressures on transport and other infrastructures, sources of emissions and discharges) and measures to reduce or prevent these impacts.

3.1.2. Based on the results of the preliminary impact assessment, the customer draws up terms of reference for the environmental impact assessment (hereinafter referred to as the TOR), which contains:

The timing of the environmental impact assessment;

Basic methods for conducting an environmental impact assessment, including a public consultation plan;

Main tasks in carrying out environmental impact assessment;

Estimated composition and content of environmental impact assessment materials.

3.3.1. The final version of the environmental impact assessment materials is prepared on the basis of the preliminary version of the materials, taking into account the comments, suggestions and information received from the participants in the environmental impact assessment process at the discussion stage in accordance with Section 4 of these Regulations. The final version of environmental impact assessment materials should include information on the consideration of received comments and proposals, as well as protocols of public hearings (if any).

3.3.2. The final version of the environmental impact assessment materials is approved by the customer, submitted for use in the preparation of supporting documentation and, as part of it, submitted to the state environmental review, as well as to the public environmental review (if any).

3.3.3. Public participation in the preparation of environmental impact assessment materials can be carried out:

At the stage of presentation of initial information;

At the stage of environmental impact assessment and preparation of supporting documentation.

For the planned investment activity, the customer carries out the above stages of environmental impact assessment at all stages of preparing documentation for the planned economic and other activities submitted for state environmental review.

The process of conducting an environmental impact assessment for certain types(categories) of activities that do not have significant environmental impact and being the object of state environmental expertise at the level of constituent entities of the Russian Federation, can be simplified. In this case, the territorial bodies of the State Committee for Ecology of Russia develop appropriate regulations regulating the environmental impact assessment for these types of activities, amending only clauses 3.1.2, 3.1.3, 3.2.2, 3.2.3 and 3.3.1 of this Regulation and coordinating these regulatory documents with the State Committee for Ecology of Russia.

IV. Public information and participation in the environmental impact assessment process

4.1. Informing and participation of the public is carried out at all stages of environmental impact assessment in accordance with the norms of this Regulation and other regulatory legal documents according to established order.

4.2. Public participation in the preparation and discussion of environmental impact assessment materials is provided by the customer as an integral part of the environmental impact assessment process, organized by local governments or relevant authorities state power with the assistance of the customer and in accordance with Russian legislation.

4.3. Informing the public and other participants in the environmental impact assessment at the stage of notification, preliminary assessment and preparation of terms of reference for the environmental impact assessment is carried out by the customer. Brief information is published in the official publications of the federal executive authorities (for objects of expertise at the federal level) in the official publications of the executive authorities of the constituent entities of the Russian Federation and local governments, on the territory of which the implementation of the object of state environmental expertise is planned, as well as on the territory of which the planned economic and other activities may have an impact. The publication provides information about:

Name, purpose and location of the proposed activity;

Name and address of the customer or his representative;

Approximate timing of the environmental impact assessment;

The body responsible for organizing the public discussion;

4.7. At the stage of the environmental impact assessment, the action plan is specified in the course of public discussions of the planned economic activities, including the advisability (inappropriateness) of holding public hearings based on the materials of the environmental impact assessment.

When deciding on the form of holding public discussions, including public hearings, it is necessary to be guided by the degree of environmental hazard of the planned economic and other activities, take into account the uncertainty factor, the degree of public interest.

4.8. Information on the timing and place of availability of the preliminary version of environmental impact assessment materials, on the date and place of public hearings, other forms public participation, published in the media mass media specified in paragraph 3.1.1, no later than 30 days before the end of public discussions (public hearings). The client also informs this information the public concerned, whose interests may be directly or indirectly affected by the implementation of the proposed activity, or which has shown its interest in the impact assessment process and other participants in the environmental impact assessment process, who may not have access to these media.

4.9. The procedure for conducting public hearings is determined by local governments with the participation of the customer (executor) and the assistance of the public concerned. All public participation decisions are documented.

The customer ensures that public hearings are held on the planned activities with the preparation of a protocol that clearly records the main issues of discussion, as well as the subject of disagreement between the public and the customer (if any). The protocol is signed by representatives of executive authorities and local self-government, citizens, public organizations(associations), customer. The protocol of the public hearings is included as one of the appendices in the final version of the materials on the environmental impact assessment of the planned economic and other activities.

4.10. Submission of a preliminary version of the Environmental Impact Assessment Materials to the public for review and submission of comments is made within 30 days, but no later than 2 weeks before the end of public discussions (public hearings).

Acceptance of written comments and proposals from citizens and public organizations in the period before the decision on the implementation of the planned economic and other activities, documentation of these proposals in the annexes to the environmental impact assessment materials is provided by the customer within 30 days after the end of the public discussion.

4.11. The customer provides public access to the final version of the environmental impact assessment materials for the entire period from the moment of approval of the latter until the decision is made on the implementation of the proposed activity.

V. Requirements for environmental impact assessment materials

5.1. Materials on the environmental impact assessment of the planned economic and other activities are submitted at all stages of preparation and decision-making on the possibility of implementing this activity, which are adopted by the bodies of state environmental expertise.

Environmental impact assessment materials should include a non-technical summary containing key results and conclusions of the environmental impact assessment.

5.2. The composition of the environmental impact assessment materials is determined by the procedure for conducting an environmental impact assessment (clause 3.2), depends on the type of planned economic and other activities, the requirements for the documentation substantiating this activity, which is the object of environmental expertise.

The degree of completeness (detail) of the environmental impact assessment depends on the scale and type of planned economic and other activities and the characteristics of the proposed region for its implementation.

5.3. If the documentation on the planned economic and other activities can be classified as information with restricted access, the customer prepares environmental impact assessment materials in accordance with the principle of information openness (clause 2.7 of these Regulations).

Appendix

Materials on the environmental impact assessment of the proposed economic and other activities in the investment design must contain at least:

1. General information

1.1. Customer activity indicating official name organization (legal, natural person), address, telephone, fax.

1.2. The name of the object of investment design and the planned place of its implementation.

1.3. Surname, name, patronymic, phone number of the contact person.

1.4. Characteristics of the type of supporting documentation: petition (Declaration) of intent, investment justification, feasibility study (draft), working draft (approved part).

2. Explanatory note on supporting documentation.

3. The purpose and need for the implementation of the planned economic and other activities.

4. Description of alternative options for achieving the goal of the planned economic and other activities (different location of the facility, technologies and other alternatives within the authority of the customer), including the proposed and "zero option" (refusal of activities).

5. Description of possible types of impact on the environment of the planned economic and other activities according to alternative options.

6. Description of the environment that may be affected by the planned economic and other activities as a result of its implementation (according to alternative options).

7. Assessment of the impact on the environment of the planned economic and other activities according to alternative options, including the assessment of the reliability of the predicted consequences of the planned investment activity.

8. Measures to prevent and/or reduce the possible negative impact of the planned economic and other activities.

9. Identified during the assessment of the uncertainty in determining the impact of the planned economic and other activities on the environment.

10. Summary monitoring programs and post-project analysis.

11. Substantiation of the choice of the variant of the planned economic and other activities from all considered alternatives.

12. Materials of public discussions conducted during research and preparation of materials on environmental impact assessment of planned economic and other activities, which indicate:

12.1. Method of informing the public about the place, time and form of the public discussion;

12.2. List of participants in the public discussion indicating their last names, first names, patronymics and names of organizations (if they represented organizations), as well as addresses and telephone numbers of these organizations or the discussion participants themselves.

12.3. Issues considered by the participants of the discussions; abstracts of speeches, if presented by the participants of the discussion; protocol(s) of public hearings (if any).

12.4. All comments and proposals made in the course of public discussions, indicating their authors, including on the subject of possible disagreements between the public, local authorities and the customer.

12.5. Conclusions from the results of the public discussion regarding environmental aspects planned economic and other activities.

12.6. A summary of comments and suggestions from the public, indicating which of these suggestions and comments were taken into account by the customer, and in what form, which were not taken into account, the basis for refusal.

13. Non-technical summary.

On Approval of the Regulations on the Assessment of the Impact of Proposed Economic and Other Activities on the Environment in the Russian Federation

In order to implement the Federal Law "On Ecological Expertise" in terms of establishing uniform rules for organizing and conducting state environmental expertise in the Russian Federation and determining the main provisions for conducting an environmental impact assessment in the Russian Federation, I order:

1. Approve the Regulations on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation.

2. To consider invalid the order of the Ministry of Natural Resources of Russia of July 18, 1994 N "On Approval of the Regulations on Environmental Impact Assessment in the Russian Federation", registered with the Ministry of Justice of Russia on September 22, 1994, registration N 695.

3. The Department of State Ecological Expertise (Chegasov) shall ensure strict compliance with the requirements specified in paragraph 1 of the document for conducting an environmental impact assessment.

4. To impose control over the execution of this order on the First Deputy Chairman of the State Committee for Ecology of Russia A.F. Poryadin.

Chairman V. Danilov-Danilyan

Registration N 2302

Appendix

to the Order of the State Committee for Ecology

Position
on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation

This Regulation on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation (hereinafter referred to as the Regulation) was developed in pursuance of the Federal Law of November 23, 1995 N 174-FZ "On Environmental Expertise" (Collected Legislation of the Russian Federation, 1995, N 48, Art. 4556) and regulates the process of assessing the impact of the planned economic and other activities on the environment and preparing the relevant materials that are the basis for the development of supporting documentation for the objects of state environmental expertise.

I. General provisions

1.1. For the purposes of this Regulation, the following basic concepts are used:

The national procedure for assessing the possible impact of the proposed economic and other activities on the environment - conducting an assessment of the impact of the proposed economic and other activities on the environment and an environmental review of the documentation substantiating the proposed economic and other activities.

Assessment of the impact of planned economic and other activities on the environment (hereinafter referred to as environmental impact assessment) is a process that facilitates the adoption of an environmentally oriented management decision on the implementation of planned economic and other activities by identifying possible adverse effects, environmental impact assessment, accounting public opinion, development of measures to reduce and prevent impacts.

Environmental assessment- establishing compliance of the planned economic and other activities with environmental requirements and determining the admissibility of the implementation of the object of environmental expertise in order to prevent possible adverse impacts of this activity on the environment and related social, economic and other consequences of the implementation of the object of environmental expertise.

Impact Assessment Studies- collection, analysis and documentation of information necessary for the implementation of the objectives of the impact assessment.

Planned economic and other activities- activities that can have an impact on the natural environment and are the object of environmental expertise.

Customer- legal or individual responsible for the preparation of documentation for the proposed activity in accordance with the regulatory requirements for this species activity, and submitting documentation on the planned activity for environmental expertise.

Executor of work on environmental impact assessment- an individual or legal entity carrying out an environmental impact assessment (a customer or an individual (legal) person to whom the customer has granted the right to conduct environmental impact assessment work.

Impact assessment materials- a set of documentation prepared during the assessment of the impact of the proposed activity on the environment and which is part of the documentation submitted for environmental expertise.

Public Discussions- a set of activities carried out as part of the impact assessment in accordance with these Regulations and other regulatory documents aimed at informing the public about the planned economic and other activities and their possible impact on the environment, in order to identify public preferences and take them into account in the impact assessment process.

1.2. The purpose of conducting an environmental impact assessment is to prevent or mitigate the impact of this activity on the environment and related social, economic and other consequences.

1.3. Environmental impact assessment is carried out for the planned economic and other activities, the supporting documentation of which is subject to environmental expertise in accordance with federal law of November 23, 1995 N 174-FZ "On Environmental Expertise".

1.4. legal basis conducting an environmental impact assessment are the legislation of the Russian Federation, the constituent entities of the Russian Federation, international treaties and agreements to which the Russian Federation is a party, as well as decisions taken by citizens in referendums and as a result of other forms of direct democracy;

1.5. When conducting an environmental impact assessment, the customer (executor) ensures the use of complete and reliable initial information, means and methods of measurement, calculations, estimates in accordance with the legislation of the Russian Federation. Specially authorized state bodies in the field of environmental protection provide information at their disposal on the ecological state of the territories and the impact of similar activities on the environment to the customer (executor) for an environmental impact assessment.

The degree of detail and completeness of the environmental impact assessment is determined based on the characteristics of the planned economic and other activities and should be sufficient to determine and assess the possible environmental and related social, economic and other consequences of the planned activities.

If, during the environmental impact assessment, there is a lack of information necessary to achieve the goal of the environmental impact assessment, or uncertainty factors regarding possible impacts, the customer (executor) plans to conduct additional studies necessary for decision-making, and also determines (develops ) in the materials of the environmental impact assessment program environmental monitoring and controls to address these uncertainties.

1.6. The results of the environmental impact assessment are:

Information on the nature and scale of the environmental impact of the planned activity, alternatives for its implementation, assessment of environmental and related socio-economic and other consequences of this impact and their significance, on the possibility of minimizing the impacts;

Identification and consideration of public preferences when making decisions by the customer regarding the planned activity;

The customer's decisions to determine alternative options for implementing the planned activity (including the location of the facility, the choice of technologies, etc.) or abandoning it, taking into account the results of the environmental impact assessment.

The results of the environmental impact assessment are documented in the impact assessment materials, which are part of the documentation for this activity, submitted for environmental expertise, and also used in the process of adopting other management decisions related to this activity.

II. Basic principles of environmental impact assessment

2.1. When conducting an environmental impact assessment, it is necessary to proceed from the potential environmental hazard of any activity (the principle of presumption of potential environmental hazard of any planned economic or other activity).

2.2. Conducting an environmental impact assessment is mandatory at all stages of preparing documentation substantiating economic and other activities prior to its submission to the state environmental review (principle of mandatory state environmental review).

Materials on the environmental impact assessment of the planned economic and other activities that are the object of environmental expertise are included in the documentation submitted for expertise.

2.3. Prevention (prevention) of possible adverse impacts on the environment and associated social, economic and other consequences in the event of implementation of the planned economic and other activities.

2.4. When conducting an environmental impact assessment, the customer (executor) is obliged to consider alternative options for achieving the goal of the planned economic and other activities.

The customer (executor) identifies, analyzes and takes into account the environmental and other related consequences of all considered alternative options for achieving the goal of the planned economic and other activities, as well as the "zero option" (renunciation of activities).

2.5. Ensuring public participation in the preparation and discussion of materials on the environmental impact assessment of the planned economic and other activities that are the object of environmental expertise, as an integral part of the environmental impact assessment process (the principle of openness, participation of public organizations (associations), taking into account public opinion when conducting an environmental review).

Ensuring public participation, including informing the public about the planned economic and other activities and its involvement in the process of conducting an environmental impact assessment, is carried out by the customer at all stages of this process, starting with the preparation of the terms of reference for conducting an environmental impact assessment.

Public discussion of the object of expertise, including materials on the environmental impact assessment of the planned economic and other activities, is organized by the customer together with local governments in accordance with Russian law.

2.6. Environmental impact assessment materials must be scientifically substantiated, reliable and reflect the results of studies carried out taking into account the relationship of various environmental, as well as social and economic factors (the principle of scientific validity, objectivity and legality of environmental expertise conclusions).

2.7. The customer is obliged to provide all participants in the environmental impact assessment process with the opportunity to receive complete and reliable information in a timely manner (the principle of reliability and completeness of information submitted for environmental impact assessment).

2.8. The results of the environmental impact assessment serve as the basis for monitoring, after the project analysis and environmental control over the implementation of the planned economic and other activities.

2.9. In the event that the planned economic and other activities may have a transboundary impact, research and preparation of environmental impact assessment materials are carried out taking into account the provisions of the UNECE Convention on Environmental Impact Assessment in a Transboundary Context.

III. Stages of environmental impact assessment

3.1. Notification, preliminary assessment and preparation of terms of reference for the environmental impact assessment.

3.1.1. During the first stage, the customer:

Prepares and submits to the authorities supporting documentation containing a general description of the proposed activity; the purpose of its implementation; possible alternatives; description of the conditions for its implementation; other information provided for by the current regulatory documents;

Informs the public in accordance with paragraphs 4.2, 4.3 and 4.4 of these Regulations;

Conducts a preliminary assessment on the main provisions of clause 3.2.2 and documents its results;

Conducts preliminary consultations to identify participants in the environmental impact assessment process, including the public concerned.

During the preliminary environmental impact assessment, the customer collects and documents the following information:

On the planned economic and other activities, including the purpose of its implementation, possible alternatives, the timing of implementation and the proposed location, the affected administrative territories, the possibility of transboundary impact, compliance with territorial and sectoral plans and programs;

On the state of the environment that may be affected and its most vulnerable components;

On possible significant impacts on the environment (requirements for land resources, waste, pressure on transport and other infrastructure, sources of emissions and discharges) and measures to reduce or prevent these impacts.

Name and address of the customer (executor);

The timing of the environmental impact assessment;

Basic methods for conducting an environmental impact assessment, including a public consultation plan;

Main tasks in carrying out environmental impact assessment;

Estimated composition and content of environmental impact assessment materials.

When drawing up the TOR, the customer takes into account the requirements of specially authorized environmental protection authorities, as well as the opinions of other participants in the environmental impact assessment process. The TOR is distributed to the participants in the environmental impact assessment process upon their request and is available to the public during the entire duration of the environmental impact assessment.

The TOR for conducting an environmental impact assessment is part of the environmental impact assessment materials.

3.2. Conducting studies on environmental impact assessment and preparation of a preliminary version of materials on environmental impact assessment.

3.2.1. The customer (executor) conducts environmental impact assessment studies in accordance with the TOR, taking into account implementation alternatives, activity goals, ways to achieve them, and prepares a preliminary version of environmental impact assessment materials.

3.2.2. Environmental impact assessment studies of proposed economic and other activities include the following:

Determining the characteristics of the planned economic and other activities and possible alternatives (including the abandonment of activities);

Analysis of the state of the territory, which may be affected by the planned economic and other activities (state natural environment, presence and character anthropogenic load etc.);

Identification of possible impacts of the planned economic and other activities on the environment, taking into account alternatives;

Assessment of environmental impacts of the planned economic and other activities (probability of risk occurrence, degree, nature, scale, distribution zone, as well as forecasting environmental and related social and economic consequences);

Identification of measures that reduce, mitigate or prevent negative impacts, evaluate their effectiveness and the possibility of implementation;

Assessment of the significance of residual environmental impacts and their consequences;

Comparison of the expected environmental and related socio-economic consequences of the alternatives under consideration, including the option of abandoning activities, and justification of the option proposed for implementation;

Development of proposals for the program of environmental monitoring and control at all stages of the implementation of the planned economic and other activities;

Preparation of a preliminary version of materials on environmental impact assessment of planned economic and other activities (including summary for non-specialists);

3.2.3. The customer provides an opportunity for the public to familiarize themselves with the preliminary version of materials on the environmental impact assessment of the planned economic and other activities and submit their comments, in accordance with Section 4 of these Regulations.

3.3. Preparation of the final version of the environmental impact assessment materials.

3.3.3. Public participation in the preparation of environmental impact assessment materials can be carried out:

At the stage of presentation of initial information;

At the stage of environmental impact assessment and preparation of supporting documentation.

The process of conducting an environmental impact assessment for certain types (categories) of activities that do not have significant environmental consequences and are the subject of state environmental expertise at the level of constituent entities of the Russian Federation can be simplified. In this case, the territorial bodies of the State Committee for Ecology of Russia develop the relevant regulatory documents regulating the environmental impact assessment for these types of activities, amending only paragraphs 3.1.2, 3.1.3, 3.2.2, 3.2.3 and 3.3.1 of this Regulation and coordinate these regulatory documents with the State Committee for Ecology of Russia.

IV. Public information and participation in the environmental impact assessment process

4.2. Public participation in the preparation and discussion of environmental impact assessment materials is provided by the customer as an integral part of the environmental impact assessment process, organized by local governments or relevant state authorities with the assistance of the customer and in accordance with Russian legislation.

Name, purpose and location of the proposed activity;

Name and address of the customer or his representative;

Approximate timing of the environmental impact assessment;

The body responsible for organizing the public discussion;

The intended form of public discussion (poll, hearings, referendum, etc.), as well as the form for submitting comments and suggestions;

Terms and place of availability of ToR on environmental impact assessment;

Other information.

4.4. Additional informing of participants in the environmental impact assessment process can be carried out by disseminating the information specified in paragraph 3.1.1 by radio, television, periodicals, via the Internet and other means that ensure the dissemination of information.

4.5. The customer (executor) accepts and documents comments and suggestions from the public within 30 days from the date of publication of information in accordance with clause 3.1.1. These comments and suggestions are taken into account when drawing up the terms of reference for the environmental impact assessment and should be reflected in the environmental impact assessment materials.

4.6. The customer provides access to terms of reference on environmental impact assessment of the public concerned and other participants in the environmental impact assessment process from the moment of its approval until the end of the environmental impact assessment process.

4.7. At the stage of the environmental impact assessment, the action plan is specified in the course of public discussions of the proposed economic activity, including the advisability (inappropriateness) of holding public hearings based on the materials of the environmental impact assessment.

4.8. Information on the timing and place of availability of the preliminary version of materials on environmental impact assessment, on the date and place of public hearings, other forms of public participation, is published in the media specified in paragraph 3.1.1, no later than 30 days before completion of public discussions (public hearings). The customer also communicates this information to the public concerned, whose interests may be directly or indirectly affected in the event of the implementation of the proposed activity, or which has shown its interest in the impact assessment process and other participants in the environmental impact assessment process, who may not have access to the specified mass media. information.

The customer ensures that public hearings are held on the planned activities with the preparation of a protocol that clearly records the main issues of discussion, as well as the subject of disagreement between the public and the customer (if any). The protocol is signed by representatives of executive authorities and local self-government, citizens, public organizations (associations), the customer. The protocol of the public hearings is included as one of the appendices in the final version of the materials on the environmental impact assessment of the planned economic and other activities.

V. Requirements for environmental impact assessment materials

The environmental impact assessment materials should include a non-technical summary containing the key findings and conclusions of the environmental impact assessment.

Appendix

Typical content of materials on the assessment of the impact of the proposed economic activity on the environment in investment design

Materials on the environmental impact assessment of the proposed economic and other activities in the investment design must contain at least:

1. General information

1.1. The customer of the activity indicating the official name of the organization (legal entity, individual), address, telephone, fax.

1.2. The name of the object of investment design and the planned place of its implementation.

1.3. Surname, name, patronymic, phone number of the contact person.

1.4. Characteristics of the type of supporting documentation: petition (Declaration) of intent, investment justification, feasibility study (draft), working draft (approved part).

2. Explanatory note on the supporting documentation.

3. The purpose and need for the implementation of the planned economic and other activities.

5. Description of possible types of impact on the environment of the planned economic and other activities according to alternative options.

6. Description of the environment that may be affected by the planned economic and other activities as a result of its implementation (according to alternative options).

8. Measures to prevent and/or reduce the possible negative impact of the planned economic and other activities.

9. Identified during the assessment of the uncertainty in determining the impact of the planned economic and other activities on the environment.

10. Summary of monitoring programs and post-project analysis.

11. Substantiation of the choice of the variant of the planned economic and other activities from all considered alternatives.

12. Materials of public discussions conducted during research and preparation of materials on environmental impact assessment of planned economic and other activities, which indicate:

12.1. Method of informing the public about the place, time and form of the public discussion;

12.3. Issues considered by the participants of the discussions; abstracts of speeches, if presented by the participants of the discussion; protocol(s) of public hearings (if any).

12.5. Conclusions based on the results of public discussion regarding the environmental aspects of the planned economic and other activities.

13. Non-technical summary.

On Approval of the Regulations on the Assessment of the Impact of Proposed Economic and Other Activities on the Environment in the Russian Federation

1. Approve the Regulations on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation.

2. To consider invalid the order of the Ministry of Natural Resources of Russia dated July 18, 1994 N 222 "On approval of the Regulation on environmental impact assessment in the Russian Federation", registered with the Ministry of Justice of Russia on September 22, 1994, registration N 695.

4. Control over the execution of this order shall be entrusted to the First Deputy Chairman of the State Committee for Ecology of Russia A.F. Poryadin.

Chairman V.Danilov-Danilyan

Registration N2302

Appendix

to the Order of the State Committee for Ecology

Position
on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation

This Regulation on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation (hereinafter referred to as the Regulation) was developed in pursuance of the Federal Law of November 23, 1995 N 174-FZ "On Environmental Expertise" (Collected Legislation of the Russian Federation, 1995, N 48, art. 4556) and regulates the process of assessing the impact of the planned economic and other activities on the environment and preparing the relevant materials that are the basis for the development of supporting documentation for the objects of state environmental expertise.

I. General provisions

1.1. For the purposes of this Regulation, the following basic concepts are used:

National procedure for assessing the possible impact of planned economic and other activities on the environment - carrying out an assessment of the impact of the planned economic and other activities on the environment and an environmental review of the documentation substantiating the planned economic and other activities.

Assessment of the impact of the planned economic and other activities on the environment (hereinafter referred to as environmental impact assessment) - a process that facilitates the adoption of an environmentally oriented management decision on the implementation of the planned economic and other activities by identifying possible adverse impacts, assessing environmental consequences, taking into account public opinion, and developing measures to reduce and prevent impacts.

Environmental assessment - establishing compliance of the planned economic and other activities with environmental requirements and determining the admissibility of the implementation of the object of environmental expertise in order to prevent possible adverse impacts of this activity on the environment and related social, economic and other consequences of the implementation of the object of environmental expertise.

Impact Assessment Studies - collection, analysis and documentation of information necessary for the implementation of the objectives of the impact assessment.

Planned economic and other activities - activities that can have an impact on the natural environment and are the object of environmental expertise.

Customer- a legal or natural person responsible for the preparation of documentation for the proposed activity in accordance with the regulatory requirements for this type of activity, and submitting the documentation for the proposed activity for environmental expertise.

Executor of works on environmental impact assessment - an individual or legal entity carrying out an environmental impact assessment (customer or an individual (legal) person to whom the customer has granted the right to conduct environmental impact assessment work.

Impact assessment materials - a set of documentation prepared during the assessment of the impact of the proposed activity on the environment and which is part of the documentation submitted for environmental expertise.

Public discussions - a set of activities carried out as part of the impact assessment in accordance with these Regulations and other regulatory documents aimed at informing the public about the planned economic and other activities and their possible impact on the environment, in order to identify public preferences and take them into account in the impact assessment process.

1.2. The purpose of environmental impact assessment is to prevent or mitigate the impact of this activity on the environment and related social, economic and other consequences.

1.3. Environmental impact assessment is carried out for planned economic and other activities, the supporting documentation of which is subject to environmental expertise in accordance with the Federal Law of November 23, 1995 N 174-FZ "On Environmental Expertise".

The procedure and content of work, the composition of the environmental impact assessment documentation are determined by the current legislation of the Russian Federation, in accordance with the types and (or) specific characteristics of the proposed activity, in accordance with the established procedure.

1.4. The legal basis for conducting an environmental impact assessment is the legislation of the Russian Federation, the constituent entities of the Russian Federation, international treaties and agreements to which the Russian Federation is a party, as well as decisions taken by citizens in referendums and as a result of other forms of direct democracy;

1.5. When conducting an environmental impact assessment, the customer (executor) ensures the use of a complete and reliable background information, means and methods of measurement, calculations, estimates in accordance with the legislation of the Russian Federation. Specially authorized government bodies in the field of environmental protection provide the information at their disposal on the ecological state of the territories and the impact of similar activities on the environment to the customer (executor) for the assessment of the impact on the environment.

In the event that during the environmental impact assessment there is a lack of information necessary to achieve the goal of the environmental impact assessment, or uncertainty factors regarding possible impacts, the customer (executor) plans to conduct additional studies necessary for decision-making, and also determines (develops) in the assessment materials environmental impact program of environmental monitoring and control aimed at eliminating these uncertainties.

1.6. The results of the environmental impact assessment are:

Information on the nature and scale of the environmental impact of the proposed activity, alternatives for its implementation, assessment of environmental and related socio-economic and other consequences of this impact and their significance, on the possibility of minimizing the impacts;

Identification and consideration of public preferences when the customer makes decisions regarding the planned activity;

The customer's decision to determine alternative options for the implementation of the planned activity (including the location of the facility, the choice of technologies, etc.) or abandon it, taking into account the results of the environmental impact assessment.

The results of the environmental impact assessment are documented in the impact assessment materials, which are part of the documentation for this activity, submitted for environmental review, and also used in the process of making other management decisions related to this activity.

II. Basic principles of environmental impact assessment

2.1. When assessing the impact on the environment, it is necessary to proceed from the potential environmental hazard of any activity (the principle of presumption of the potential environmental hazard of any planned economic or other activity).

2.2. An environmental impact assessment is mandatory at all stages of preparation of documentation substantiating economic and other activities prior to its submission to the state environmental review (principle of mandatory state environmental review).

Materials on environmental impact assessment of planned economic and other activities, which are the object of environmental expertise, are included in the documentation submitted for expertise.

2.3. Prevention (prevention) of possible adverse impacts on the environment and associated social, economic and other consequences in the event of the implementation of the planned economic and other activities.

2.4. When conducting an environmental impact assessment, the customer (executor) is obliged to consider alternative options for achieving the goal of the planned economic and other activities.

2.5. Ensuring public participation in the preparation and discussion of materials on the environmental impact assessment of the planned economic and other activities that are the object of environmental expertise, as an integral part of the environmental impact assessment process (principle of transparency, participation of public organizations (associations), taking into account public opinion when conducting environmental expertise ).

Ensuring public participation, including informing the public about the planned economic and other activities and its involvement in the process of conducting an environmental impact assessment, is carried out by the customer at all stages of this process, starting with the preparation of terms of reference for conducting an environmental impact assessment.

Public discussion of the object of expertise, including materials on environmental impact assessment of planned economic and other activities, is organized by the customer together with local governments in accordance with Russian legislation.

2.6. Environmental impact assessment materials must be scientifically substantiated, reliable and reflect the results of studies carried out taking into account the relationship between various environmental, as well as social and economic factors(the principle of scientific validity, objectivity and legality of the conclusions of environmental expertise).

2.9. In the event that the proposed economic and other activities may have a transboundary impact, research and preparation of environmental impact assessment materials are carried out taking into account the provisions of the UNECE Convention on Environmental Impact Assessment in a Transboundary Context.

III. Stages of conducting an environmental impact assessment

3.1. Notification, preliminary assessment and preparation of terms of reference for the environmental impact assessment.

3.1.1. During the first stage, the customer:

Prepares and submits to the authorities supporting documentation containing a general description of the proposed activity; goals for its implementation; possible alternatives; description of the conditions for its implementation; other information provided for by the current regulatory documents;

Informs the public in accordance with paragraphs 4.2, 4.3 and 4.4 of this Regulation;

Carries out a preliminary assessment on the main provisions of clause 3.2.2 and documents its results;

Conducts preliminary consultations to identify participants in the environmental impact assessment process, including the public concerned.

During the preliminary environmental impact assessment, the customer collects and documents the following information:

On the planned economic and other activities, including the purpose of its implementation, possible alternatives, the timing of implementation and the proposed location, the affected administrative territories, the possibility of cross-border impact, compliance with territorial and sectoral plans and programs;

On the state of the environment that may be affected and its most vulnerable components;

On possible significant impacts on the environment (needs for land resources, waste, pressure on transport and other infrastructure, sources of emissions and emissions) and measures to reduce or prevent these impacts.

Name and address of the customer (executor);

The timing of the environmental impact assessment;

Basic methods for conducting an environmental impact assessment, including a public consultation plan;

The main tasks in conducting an environmental impact assessment;

Estimated composition and content of environmental impact assessment materials.

The TOR for conducting an environmental impact assessment is part of the environmental impact assessment materials.

3.2. Conducting research on environmental impact assessment and preparing a preliminary version of environmental impact assessment materials.

3.2.2. Studies on environmental impact assessment of planned economic and other activities include the following:

Determination of the characteristics of the planned economic and other activities and possible alternatives (including the abandonment of activities);

Analysis of the state of the territory, which may be affected by the planned economic and other activities (the state of the natural environment, the presence and nature of anthropogenic load, etc.);

Identification of possible impacts of the planned economic and other activities on the environment, taking into account alternatives;

Assessment of the environmental impact of the planned economic and other activities (probability of risk occurrence, degree, nature, scale, distribution zone, as well as forecasting environmental and related social and economic consequences);

Determination of measures that reduce, mitigate or prevent negative impacts, evaluate their effectiveness and the possibility of implementation;

Assessment of the significance of residual environmental impacts and their consequences;

Development of proposals for the program of environmental monitoring and control at all stages of the implementation of the planned economic and other activities;

Preparation of a preliminary version of materials on the environmental impact assessment of the planned economic and other activities (including a summary for non-specialists);

3.2.3. The customer provides the public with an opportunity to get acquainted with the preliminary version of materials on the environmental impact assessment of the proposed economic and other activities and submit their comments in accordance with Section 4 of these Regulations.

3.3. Preparation of the final version of the environmental impact assessment materials.

3.3.1. The final version of the environmental impact assessment materials is prepared on the basis of the preliminary version of the materials, taking into account the comments, suggestions and information received from the participants in the environmental impact assessment process at the discussion stage in accordance with Section 4 of these Regulations. The final version of the environmental impact assessment materials should include information on the consideration of received comments and proposals, as well as protocols of public hearings (if any).

3.3.2. The final version of the environmental impact assessment materials is approved by the customer, submitted for use in the preparation of supporting documentation and, as part of it, submitted to the state environmental expertise, as well as to the public environmental expertise (if any).

3.3.3. Public participation in the preparation of environmental impact assessment materials can be carried out:

At the stage of presentation of initial information;

At the stage of environmental impact assessment and preparation of supporting documentation.

The process of conducting an environmental impact assessment for certain types (categories) of activities that do not have significant environmental consequences and are the object of state environmental expertise at the level of the constituent entities of the Russian Federation can be simplified. In this case, the territorial bodies of the State Committee for Ecology of Russia develop the relevant regulatory documents governing the environmental impact assessment for these types of activities, amending only paragraphs 3.1.2, 3.1.3, 3.2.2, 3.2.3 and 3.3.1 of this Regulation and agree on these regulatory documents from the State Committee for Ecology of Russia.

IV. Public information and participation in the evaluation process environmental impact

4.2. Public participation in the preparation and discussion of environmental impact assessment materials is provided by the customer as an integral part of the environmental impact assessment process, organized by local governments or relevant state authorities with the assistance of the customer and in accordance with Russian legislation.

4.3. Informing the public and other participants in the environmental impact assessment at the stage of notification, preliminary assessment and preparation of terms of reference for the environmental impact assessment is carried out by the customer. Brief information is published in the official publications of the federal executive authorities (for objects of expertise at the federal level) in the official publications of the executive authorities of the constituent entities of the Russian Federation and local governments, on the territory of which it is planned to implement the object of state environmental expertise, and also on the territory of which the planned economic and other activities may have impact. The publication provides information about:

Name, purpose and location of the proposed activity;

Name and address of the customer or his representative;

Approximate timing of the environmental impact assessment;

The body responsible for organizing the public discussion;

The intended form of public discussion (poll, hearings, referendum, etc.), as well as the form for submitting comments and suggestions;

Timing and availability of ToR for environmental impact assessment;

Other information.

4.6. The customer provides access to the terms of reference for environmental impact assessment to the public concerned and other participants in the environmental impact assessment process from the moment of its approval until the end of the environmental impact assessment process.

4.7. At the stage of the environmental impact assessment, the action plan is specified in the course of public discussions of the planned economic activity, including the advisability (inappropriateness) of holding public hearings on the materials of the environmental impact assessment.

4.8. Information on the timing and place of availability of the preliminary version of materials on environmental impact assessment, on the date and place of public hearings, other forms of public participation, is published in the media specified in paragraph 3.1.1, no later than 30 days before the end of the holding public discussions (holding public hearings). The customer also communicates this information to the public concerned, whose interests may be directly or indirectly affected in the event of the implementation of the proposed activity, or who have shown their interest in the impact assessment process and other participants in the environmental impact assessment process, who may not have access to the specified media.

4.9. The procedure for conducting public hearings is determined by local governments with the participation of the customer (executor) and the assistance of the interested public. All decisions on public participation are documented.

The customer ensures the holding of public hearings on the planned activities with the preparation of a protocol that clearly records the main issues of discussion, as well as the subject of disagreement between the public and the customer (if any). The protocol is signed by representatives of executive authorities and local self-government, citizens, public organizations (associations), the customer. The protocol of the public hearings is included as one of the appendices in the final version of the materials on the environmental impact assessment of the planned economic and other activities.

Acceptance by citizens and public organizations of written comments and proposals in the period before the decision on the implementation of the planned economic and other activities, documentation of these proposals in the annexes to the environmental impact assessment materials is provided by the customer within 30 days after the end of the public discussion.

V. Requirements for environmental impact assessment materials

The environmental impact assessment submissions should include a non-technical summary containing the key findings and conclusions of the environmental impact assessment.

The standard content of materials on the environmental impact assessment of the planned economic and other activities in investment design is given in the Appendix to this Regulation.

5.3. If the documentation on the planned economic and other activities can be classified as information with restricted access, the customer prepares materials for the environmental impact assessment in accordance with the principle of information openness (clause 2.7 of these Regulations).

Appendix

Typical content of materials on the assessment of the impact of the proposed economic activity on the environment in investment design

Materials on the environmental impact assessment of the planned economic and other activities in the investment design must contain at least:

1. General information

1.1. The customer of the activity indicating the official name of the organization (legal entity, individual), address, telephone, fax.

1.2. The name of the object of investment design and the planned place of its implementation.

1.3. Surname, name, patronymic, phone number of the contact person.

1.4. Characteristics of the type of supporting documentation: application (Declaration) of intentions, justification of investments, feasibility study (project), working draft (approved part).

2. Explanatory note on supporting documentation.

3. The purpose and need for the implementation of the planned economic and other activities.

4. Description of alternative options for achieving the goal of the planned economic and other activities (different locations of the facility, technologies and other alternatives within the authority of the customer), including the proposed and "zero option" (refusal of activities).

5. Description of possible types of environmental impact of the planned economic and other activities according to alternative options.

6. Description of the environment that may be affected by the planned economic and other activities as a result of its implementation (according to alternative options).

7. Assessment of the environmental impact of the planned economic and other activities according to alternative options, including the assessment of the reliability of the predicted consequences of the planned investment activities.

8. Measures to prevent and / or reduce the possible negative impact of the planned economic and other activities.

9. Identified during the assessment of the uncertainty in determining the impact of the planned economic and other activities on the environment.

10. Summary of monitoring programs and post-project analysis.

11. Substantiation of the choice of the variant of the planned economic and other activities from all considered alternatives.

12. Materials of public discussions conducted during research and preparation of materials on environmental impact assessment of planned economic and other activities, which indicate:

12.1. Way of informing the public about the place, time and form of public discussion;

12.2. List of participants in the public discussion indicating their last names, first names, patronymics and names of organizations (if they represented organizations), as well as the addresses and telephone numbers of these organizations or the discussion participants themselves.

12.3. Issues considered by the participants of the discussions; abstracts of speeches, if presented by the participants of the discussion; protocol(s) of public hearings (if any).

12.5. Conclusions based on the results of public discussion regarding the environmental aspects of the planned economic and other activities.

13. Non-technical summary.

All documents presented in the catalog are not their official publication and are intended for informational purposes only. Electronic copies of these documents can be distributed without any restrictions. You can post information from this site on any other site.

MINISTRY OF ENVIRONMENT AND NATURAL PROTECTION

RESOURCES OF THE RUSSIAN FEDERATION

ORDER

ON THE APPROVAL OF THE REGULATION ON ENVIRONMENTAL IMPACT ASSESSMENT IN THE RUSSIAN FEDERATION

In order to implement Article 41 of the Law of the Russian Federation "On Environmental Protection" (Section VI), to prepare for the fulfillment of the obligations of the Russian Federation in connection with the signing of the international Convention "On Environmental Impact Assessment in a Transboundary Context" and in accordance with the Regulations on the Ministry protection of the environment and natural resources of the Russian Federation, I order:

Approve the Regulations on environmental impact assessment in the Russian Federation agreed with the interested ministries and departments of the Russian Federation, executive authorities of the constituent entities of the Russian Federation (Appendix).

Minister of Defense

environment and

natural resources

Russian Federation

IN AND. DANILOV-DANILYAN

Appendix

to the order of the Ministry of Natural Resources of Russia

POSITION

ON ENVIRONMENTAL IMPACT ASSESSMENT

IN RUSSIAN FEDERATION

1. GENERAL PROVISIONS

1. Environmental impact assessment (EIA) - a procedure for taking into account the environmental requirements of the legislation of the Russian Federation in the preparation and adoption of decisions on the socio-economic development of society.

1.2. EIA is organized and carried out in order to identify and take the necessary and sufficient measures to prevent possible environmental and related social, economic and other consequences of the implementation of economic or other activities *).

1.3. Conducting an EIA in the preparation of documentation substantiating the development of types and objects of economic and other activities, the list of which is given in the Appendix, is mandatory. The expediency of conducting (or continuing the work begun) an EIA for objects and types of activities that are not included in the list of mandatory ones is determined by the executive authorities of the constituent entities of the Russian Federation on the proposal of the territorial bodies of the Ministry of Natural Resources of Russia. If the executive authority of the constituent entity of the Russian Federation does not agree with the proposal of the territorial authority of the Ministry of Natural Resources of Russia, the executive authority makes a decision taking into account the conclusion of the Ministry of Natural Resources of Russia.

In the event of disagreement between the executive authority of a constituent entity of the Russian Federation and the Ministry of Natural Resources of Russia, the dispute may be resolved in an arbitration court in the prescribed manner.

1.4. For objects and types of economic and other activities that are not included in the specified list, as well as in the event of termination of the commenced work on EIA, the customer/developer is obliged to make in the supporting documentation brief conclusion on the acceptability of the expected impact on the environment.

1.5. The result of the EIA is the conclusion of the customer about the admissibility of the impact of the activities planned by him on the environment. Design and / or other solutions contained in the supporting documentation should be developed taking into account the various possible consequences of its implementation.

1.6. Information on the state of the environment used in the course of the EIA is prepared using methods and measuring instruments that meet the requirements of the legislation of the Russian Federation and regulatory documents to ensure the uniformity of measurements.

1.7. The supporting documentation is submitted by the initiator/customer for the state ecological expertise in accordance with the Law of the Russian Federation "On Environmental Protection" (section 5). Substantiating documentation for the implementation of the types and objects of activities, the list of which is given in the appendix to this Regulation, without the results of an EIA, is not accepted for state environmental review by the Ministry of Natural Resources of Russia and / or its territorial bodies.

2. APPLICATION

2.1. EIA is organized and carried out in the preparation of the following types of supporting documentation:

1) concepts, programs (including investment) and plans for sectoral and territorial socio-economic development;

2) schemes for the integrated use and protection of natural resources;

3) urban planning documentation (general plans of cities, projects and detailed planning schemes, etc.);

4) documentation on the creation of new equipment, technology, materials and substances;

5) pre-project studies of investments in construction, feasibility studies and or projects for the construction of new, reconstruction, expansion and technical re-equipment of existing economic and / or other facilities and complexes.

2.2. When preparing economic and other decisions, including the development of several types of supporting documentation, the EIA is carried out in stages, taking into account the details of the types, sources and levels of impact of the proposed activity on the environment.

3. REQUIREMENTS FOR THE CONTENT OF ENVIRONMENTAL IMPACT ASSESSMENT ACTIVITIES

3.1. In order to identify and take the necessary and sufficient measures to prevent possible unacceptable consequences in the process of analyzing and assessing the impact of the proposed activity on the environment, the developer of the supporting documentation should consider:

1) the objectives of the implementation of the idea or the proposed project;

2) reasonable alternatives to the planned activity;

3) characteristics of project and other proposals in the context of the existing environmental situation in a specific area, taking into account earlier decisions taken about its social and economic development;

4) information about the state of the environment in the territory of the proposed implementation of the planned activity in the relevant spatial and temporal framework;

5) possible consequences implementation of the planned activity and its alternatives;

6) measures and activities to prevent unacceptable consequences for society from the implementation of decisions;

7) proposals for the development of a program for monitoring the implementation of the decisions being prepared and a plan after the project environmental analysis.

3.2. The EIA procedure (procedure) for the preparation of each type of supporting documentation listed in these Regulations is established by the Russian Ministry of Natural Resources.

4. OBLIGATIONS OF PARTICIPANTS IN THE EIA

4.1. When conducting an EIA:

1) the initiator investor provides funding for all research and work required for the EIA;

2) the investor-customer organizes the EIA in the process of preparing the supporting documentation; carries out a broad review (public hearings) of proposals on the possible implementation of the planned activities in a particular territory, except for special-purpose facilities, information about which requires confidentiality;

3) developer (within its competence):

conducts an EIA;

considers and considers environmental conditions and requirements for the preparation of supporting documentation.

4.2. The executive authorities of the constituent entity of the Russian Federation, when preparing and making a decision on authorizing (permitting) the implementation of the project of the planned activity:

1) participate in the consideration of supporting documentation;

2) issue (or agree) reasonable environmental conditions and requirements for the development of proposals for the implementation of the project of the planned activity;

3) make decisions on sanctioning the implementation of the proposed activity project, subject to compliance with the environmental requirements of the legislation of the Russian Federation, as well as a clear understanding of the possible consequences of its implementation.

5. PUBLIC HEARINGS

5.1. Interested public associations and non-governmental organizations are recommended to assist the developer-customer in holding public (public) hearings or discussions in the media of project and other proposals for the implementation of the project of the proposed activity for the purpose of their own assessment:

1) applied methods of analysis and forecast of the impact of the proposed activity on the environment;

2) reliability of the presented results of the EIA;

3) completeness and sufficiency of the measures proposed in the supporting documentation to prevent adverse impacts.

5.2. The customer, with the participation of the developer, conducts public hearings or discussions in the media of project and other proposals in order to:

1) informing the public about the project of the planned activity or the developed project proposals;

2) identifying and fixing all possible adverse consequences of the implementation of economic and other decisions;

3) search for mutually acceptable alternatives to prevent adverse consequences of the implementation of the project of the planned activity.

5.3. Public (public) hearings and discussions are organized and held:

1) on federal level when the benefits and costs of implementing the decision are national in nature;

2) at the local level or the level of the subject of the Russian Federation, when the benefits and costs of implementing the project of the planned activity apply to a certain geographic region within the subject of the Russian Federation.

6. LIABILITY FOR OFFENSES

The initiator of the proposed activity and the developer of the substantiating documentation for its development in accordance with the Law of the Russian Federation "On Environmental Protection" (section XIII) are responsible for:

1) non-compliance with the rules for conducting an EIA;

2) violation of the environmental impact assessment procedure in the preparation of supporting documentation;

3) provision of incomplete results of the EIA or false information about them.

Appendix

to the Regulations on evaluation

environmental impact

In Russian federation

SCROLL

TYPES AND OBJECTS OF ECONOMIC AND OTHER ACTIVITIES DURING THE PREPARATION OF SUBSTANTIVE DOCUMENTATION FOR THE CONSTRUCTION OF WHICH ENVIRONMENTAL IMPACT ASSESSMENT IS MANDATORY

1. Enterprises for oil production with a capacity of 500 thousand tons / year or more.

2. Mining enterprises natural gas with a capacity of 500 million cubic meters. m/year or more.

3. Oil refineries and installations for gasification and liquefaction of coal or bituminous shale with a capacity of 500 tons / day or more.

4. Thermal power plants and other combustion installations with a thermal output of 300 MW or more, as well as nuclear power plants and other buildings with nuclear reactors(with the exception of research facilities for the production and conversion of fissile and fertile materials, the maximum power of which does not exceed 1 kW of constant thermal load).

5. Ash dumps of thermal power plants and boiler houses with an ash volume of 100 thousand cubic meters. m/year or more.

6. Installations for the extraction, processing and transformation of asbestos and asbestos-containing products with an annual capacity of:

1) asbestos-cement products - 20 thousand tons or more;

2) friction materials - 50 tons and more;

3) other uses of asbestos - 200 tons or more.

7. Enterprises chemical industry all kinds.

8. Production of pulp and paper with a capacity of 200 tons/day or more.

9. Large warehouses for storage of 50 thousand cubic meters. m and more of oil, petrochemical and chemical products.

10. Microbiological production.

11. Large-scale production of building materials (cement, glass, lime, ceramics).

12. Large installations for blast furnace and open-hearth production and non-ferrous metallurgy enterprises:

1) sintering, roasting and calcining iron ore in installations with a capacity of 1 million tons/year and more;

2) all coke ovens;

3) installations for the production of pig iron and unrefined steel with a capacity of 1 million tons/year and more;

4) installations for the production of steel from metal ores with a capacity of 200 thousand tons / year or more;

5) installations for processing non-ferrous heavy metal ores with a capacity of 100 thousand tons / year or more;

6) installations for the production, extraction or processing of non-ferrous metals, their compounds or other alloys by thermal, chemical or electrolytic methods with a capacity of 100 thousand tons / year or more.

13. Large installations and enterprises of ferrous and non-ferrous metallurgy:

1) pelletizing and sintering of iron ore in installations with a capacity of 1 million tons/year and more;

2) all coke ovens and coke production facilities;

3) installations for the production of iron and steel with a capacity of 1 million tons/year or more;

4) installations for processing ores of heavy non-ferrous metals, production, extraction or processing of non-ferrous metals, their compounds or other alloys by thermal, chemical or electrolytic methods with a capacity of 100 thousand tons / year or more.

14. Installations for the production, enrichment, regeneration of nuclear fuel, facilities and / or sites for the removal and processing of radioactive waste, ammunition and reactor compartments; installations for the production of radioisotopes.

15. Objects of use of nuclear explosive technology.

16. Large accelerator complexes to obtain intense beams elementary particles and high-energy nuclei.

17. Medical centers performing radioisotope diagnostic and therapeutic procedures on a large scale.

18. Spaceports, airports, airfields, facilities and/or ranges for testing, disposal, destruction and disposal (flooding) of chemical weapons, rocket fuels.

19. Facilities and/or sites for thermal, chemical processing, disposal and disposal of non-radioactive waste.

20. Construction highways, freeways, routes for trunk railways long-distance communication and airports with a main runway length of 1500 m or more.

21. Subways.

22. Oil and gas pipelines with pipes with a diameter of 600 mm or more.

23. Ports, terminals, shipyards, international ferries, as well as domestic waterways and ports for inland navigation, allowing the passage of ships with a displacement of 1350 tons and more.

24. Large dams with a height of 15 m or more, reservoirs with a surface area of 2 sq. km and more, main canals, irrigation and drainage systems and water supply systems of large cities.

25. Facilities for cleaning industrial and municipal Wastewater with annual runoff more than 5% of the river basin runoff.

26. Water intakes groundwater with a volume of withdrawn water of 10 million cubic meters. m/year or more.

27. Large-scale mining, extraction and enrichment of metal ores and coal:

1) enterprises for the extraction, extraction and enrichment of iron ore on site with a capacity of 1 million tons / year or more;

2) enterprises for the extraction, extraction and enrichment of non-iron ore at the site with a capacity of 100 thousand tons / year or more;

3) enterprises for the extraction, extraction and enrichment of coal on site with a capacity of 100 thousand tons / year or more;

4) large-scale mining of non-metallic minerals, especially in water areas.

28. Exploration, oil and gas production, licensed types of geological surveys.

29. Clear-cutting timber harvesting in cutting areas with a felling area of more than 200 hectares or felling of timber in an area of more than 20 hectares when converting forest land to non-forest land for purposes not related to forest management and the use of the forest fund.

30. Large livestock complexes with a capacity of:

1) pig-breeding - 30 thousand heads and more;

2) for fattening young cattle - 2 thousand heads or more;

3) dairy - 1200 cows and more.

31. Animal breeding complexes.

32. Poultry farms for 400 thousand laying hens, 3 million broilers and more.

33. Objects of economic and/or other activities located in specially protected territories and the operation of which is not related to the regime of these territories.