Environmental Impact
Assessment Ordinance (Cap. 499), Section 5 (7)
Environmental Impact
Assessment Study Brief No. ESB-063/2000
(hereinafter known as
the "Project")
Name of Applicant: MTR Corporation Limited
(hereinafter known as
the "Applicant")
1. BACKGROUND
1.1 An application (No. ESB-063/2000) for an Environmental Impact
Assessment (EIA) study brief under section 5(1) of the Environmental Impact
Assessment Ordinance (EIAO) was submitted by the Applicant on 13 November 2000
with a Project Profile (No. PP-106/2000).
1.2 The Applicant proposes to modify the
existing MTRC Tsim Sha Tsui (TST) Station in the form of a southward extension
by approximately 56m, and to provide a new 50m pedestrian subway along Nathan
Road for connection to the KCRC Middle Road subway to the new southern end of
TST Station as shown in Figure 1.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of
Environmental Protection (the Director) issues this EIA study brief to the
Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the
nature and extent of environmental impacts arising from the construction of the
Project and related activities that take place concurrently. This information will contribute to
decisions by the Director on:
(i) the
overall acceptability of any adverse environmental consequences that are likely
to arise as a result of the Project;
(ii) the
conditions and requirements for the detailed design, and the construction of
the Project to mitigate against adverse environmental consequences wherever
practicable; and
(iii) the
acceptability of residual impacts after the proposed mitigation measures are
implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as
follows :
(i) to describe the Project and associated works together with
the requirements for carrying out the Project;
(ii) to identify and describe elements of
community and environment likely to be affected by the Project and/or likely to
cause adverse impacts to the Project, including natural and man-made
environment;
(iii) to identify and quantify emission sources and determine the
significance of impacts on sensitive receivers and potential affected uses;
(iv) to propose the provision of mitigation
measures so as to minimize pollution, environmental disturbance and nuisance
during construction of the Project;
(v) to identify, predict and evaluate the
residual environmental impacts (i.e. after practicable mitigation) and the
cumulative effects expected to arise during the construction phase of the
Project in relation to the sensitive receivers and potential affected uses;
(vi) to identify, assess and specify methods, measures and
standards, to be included in the Project which are necessary to mitigate these
environmental impacts and reducing them to acceptable levels;
(vii) to investigate the extent of the secondary
environmental impacts that may arise from the proposed mitigation measures and
to identify constraints associated with the mitigation measures recommended in
the EIA study, as well as the provision of any necessary modification; and
(viii) to design and specify environmental
monitoring and audit requirements to ensure the effective implementation of the
recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The purpose of this study
brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the
criteria in the relevant sections of the Technical Memorandum on the
Environmental Impact Assessment Process of the Environmental Impact Assessment
Ordinance (hereinafter referred to as “the TM”) are fully complied with.
3.2 The Scope
The
scope of this EIA study shall cover the Project mentioned in Section 1.2
above. The EIA study shall address the
likely key issues described below; and together with any other key issues
identified during the course of the EIA study:
(i)
the cumulative
environmental impacts of the Project, through interaction or in combination
with other existing, committed and planned developments in the vicinity of the
Project.
Consideration shall be given to include construction impacts due to
likely concurrent projects such as the East Rail Extension – Hung Hom to Tsim
Sha Tsui and the Salisbury Road Underpass
and Associated Road Improvement Works including Middle Road Circulation System;
and
(ii)
the potential construction noise and dust
impacts and waste management of the Project, in particular works related to
station extension and subways.
3.3
Use of the Relevant Findings of Previously Approved
EIA Reports and Relevant Studies
3.3.1 The
Applicant shall review all on-going and previously approved studies / EIA
studies relevant to the Project and extract relevant information for the
purpose of this EIA study. At least the
following approved EIA studies should be considered for review :
(i)
Environmental Impact Assessment, East
Rail Extension - Hung Hom to Tsim Sha Tsui, Kowloon-Canton Railway Corporation,
(Feb 2000) (EIAO Register No.:
AEIAR-033/2000); and
(ii)
Environmental Impact
Assessment for Salisbury Road Underpass and Associated Road Improvement Works
including Middle Road Circulation System, (Apr 1999) (EIAO Register No.:
AEIAR-013/1999).
3.4 Consideration
of Alternative Options and Construction Methods
3.4.1 Consideration
of Alternative Options for the Proposed Subway
Whilst the
proposed station extension and pedestrian subway alignment mentioned in Section
1.2 above represent the most direct connection to the proposed subway system at
Middle Road, the Applicant shall also consider other feasible alternative alignment(s). There is merit to study the option that runs
below Peking Road, Hankow Road and Middle Road and compare the environmental
benefits and dis-benefits, in terms of construction impacts, of this alignment
with the proposed one as described in Section 1.2.
3.4.2 Consideration of Alternative Construction
Methods
Having
regarded to the potentially severe cumulative construction impacts to nearby sensitive
receivers, the EIA study shall explore alternative construction methods for the
Project, such as bore tunneling versus cut-and-cover, and compare the
environmental benefits and dis-benefits of applying different construction
methods for different sections of the proposed subway alignment and any other
alternative alignment option(s) considered under Section 3.4.1.
3.4.3 Selection of Preferred Scenario
Based on the findings in
Sections 3.4.1 and 3.4.2 above, the Applicant shall recommend / justify the
adoption of an alignment and construction method that will perform best in
terms of avoiding or minimizing adverse environmental effects.
3.5 Technical Requirements
The
Applicant shall conduct the EIA study to address all environmental aspects of
the activities as described in the scope set out above. The EIA study shall include the following
technical requirements on specific impacts.
3.5.1 Purpose of the
Project
The Applicant shall
state clearly the purpose(s) and objective of the project, in particular the
specific problem(s) that the Project is intended to solve.
3.5.2 Construction Dust Impact
3.5.2.1 The Applicant shall follow the requirements of the Air Pollution
Control (Construction Dust) Regulation in dust control to ensure construction
dust impacts are controlled within the relevant standards as stipulated in
section 1 of Annex 4 of the TM. A
monitoring and audit program during construction stage shall be initiated to
verify the effectiveness of the control measures and to ensure that the
construction dust levels be brought under control.
3.5.2.2 If the Applicant anticipates a significant construction dust impact
that will likely cause exceedance of the recommended limits in the TM at the
ASRs despite incorporation of the dust control measures stated in 3.5.2.1
above, a quantitative assessment should be carried out to evaluate the
construction dust impact at the identified ASRs. The Applicant shall follow the methodology below when carrying
out the quantitative assessment. The
construction dust impact assessment shall include the following:
(i) The Applicant shall follow the criteria and guidelines for
evaluating and assessing construction dust impact as stated in section 1 of
Annex 4 and Annex 12 of the TM, respectively.
(ii) The area for construction dust impact assessment shall generally
be defined by a distance of 500 m from the boundary of the project site, yet it
may be extended depending on the circumstances and the scale of the Project.
(iii) The Applicant shall assess the air pollutant concentrations in
accordance with the latest set of Guidelines for Local-Scale Air Quality
Assessment Using Models issued by the Modeling Section, Air Policy Group,
Environmental Protection Department, HKSAR. (ref. EPD's home page under items
for Air - http://www.info.gov.hk/epd).
(iv) Background and Analysis of Activities
(a) Provide background information relating to air quality issues
relevant to the Project, e.g. description of the types of activities of the
Project.
(b) Give an account, where appropriate, of the consideration /
measures that had been taken into consideration in the planning of the Project
to abate the construction dust impact.
That is, the Applicant shall consider alternative construction methods /
phasing programmes to minimize the construction dust impact.
(c) Present the background air quality levels in the assessment area
for the purpose of evaluating the cumulative construction dust impacts.
(v) Identification of ASRs and Examination of Emission /
Dispersion Characteristics
(a) Identify and describe representative existing and planned /
committed ASRs that would likely be affected by the Project. The Applicant shall select the assessment
points of the identified ASRs such that they represent the worst impact point
of these ASRs. A map showing the
location and a description including the name of the buildings, their uses and
height of the selected assessment points shall be given. The separation distances of these ASRs from
the nearest emission sources should also be given. For phased development, the
Applicant should review the development programme to take into consideration of
the construction stages so as to include occupiers of early phases as ASRs if
they may be affected by the works at later phases.
(b) Provide an exhaustive list of air pollutant emission sources,
including any nearby emission sources which are likely to have impact on the
Project. Examples of construction stage
emission sources include stock piling, blasting, concrete batching and
vehicular movements on unpaved haul roads on site, etc.
(vi) Quantitative Assessment Methodology
(a) The Applicant shall apply the general principles enunciated in
the modeling guidelines while making allowance for the specific characteristic
of the project. This specific
methodology must be documented in such level of details (preferably with tables
and diagrams) to allow the readers of the assessment report to grasp how the
model is set up to simulate the situation at hand without referring to the
model input files. Details of the
calculation of the emission rates of air pollutants for input to the modeling shall
be presented in the report. The Applicant
must ensure consistency between the text description and the model files at
every stage of submission. Prior
agreement of the general methodology between the Applicant and the Air Policy
Group of EPD is advised.
(b) The Applicant shall identify the key / representative air
pollutant parameters (types of pollutants and the averaging time concentration)
to be evaluated and provide explanation for choosing these parameters for the
assessment of the impact of the Project.
(c) The Applicant shall calculate the cumulative construction dust
impact at the identified ASRs and compare these results against the criteria
set out in section 1 of Annex 4 in the TM.
The predicted construction dust impacts (both unmitigated and mitigated)
shall be presented in the form of summary table and pollution contours, for
comparison with relevant air quality standards and examination of the land use
implications of these impacts. Plans of
suitable scale should be used for presentation of pollution contour for
determining buffer distances required.
(d) The Applicant shall propose remedies and mitigation measures
where the predicted construction dust impact exceeds the criteria set in
section 1 of Annex 4 in the TM. These
measures and any constraints on future land use planning shall be agreed with
the relevant government departments / authorities and documented. The Applicant shall demonstrate
quantitatively that the resultant impacts after incorporation of the proposed
mitigating measures will comply with the criteria stipulated in section 1 of
Annex 4 in the TM.
(e) All input and output file(s) of the model run(s) shall be
submitted to Air Policy Group of EPD in electronic format.
3.5.3 Construction Noise Impact
3.5.3.1 The Applicant shall follow the criteria and guidelines
for evaluating and assessing the construction noise impact as stated in Annexes
5 and 13 of the TM, respectively.
3.5.3.2 The construction noise impact assessment shall
include the following :
(i) Determination of Assessment Area
The
area for the construction noise impact assessment shall generally include all
areas within 300m from the Project shown in Figure 1. Subject to the agreement of the Director, the assessment area
could be reduced accordingly if the first layer of noise sensitive receivers
(NSRs), closer than 300m from the outer project limit, provides acoustic
shielding to those receivers at further distance behind. Subject to the agreement of the Director,
the assessment area shall be expanded to include NSRs at larger distance which
would be affected by the construction of the Project.
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(ii) Provision of Background Information
and Existing Noise Levels
The Applicant shall
provide all background information relevant to the Project, e.g. relevant
previous or current studies. Unless
involved in the planning standards, e.g. those for planning of fixed noise
sources, no existing noise levels are particularly required.
(iii) Identification of Noise Sensitive
Receivers
(a)
The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and
all planned / committed noise sensitive developments and uses earmarked on the
relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
(b) The Applicant shall select assessment
points to represent all identified NSRs for carrying out quantitative noise
assessment described below. The
assessment points shall be agreed with the Director prior to the quantitative
noise assessment. A map showing the
location and description such as name of building, use, and floors of each and
every selected assessment point shall be given. For planned noise sensitive land uses without committed site
layouts, the Applicant should use the relevant planning parameters to work out
site layouts for construction noise assessment purpose.
(iv) Provision of an Emission Inventory of
the Noise Sources
The
Applicant shall provide an inventory of noise sources during construction of
the Project, such as construction equipment for assessment of noise associated
with the construction works.
Confirmation of the validity of the inventory shall be obtained from the
relevant government departments / authorities.
(v) Construction Noise Assessment
(a) The Applicant shall carry out
assessment of noise impact from construction (excluding percussive piling) of
the Project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than
general holidays in accordance with the methodology stipulated in paragraphs
5.3. and 5.4 of Annex 13 of the TM. The
criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
(b) To minimize the construction noise
impact, alternative construction methods to replace percussive piling shall be
proposed as far as practicable.
(c) If the unmitigated construction noise
levels are found exceeding the relevant criteria, the Applicant shall propose
practicable direct mitigation measures (including movable barriers, enclosures,
quieter alternative methods, re-scheduling and restricting hours of operation
of noisy task) particular at the open-cut area(s) to minimize the impact. If the mitigated noise levels still exceed
the relevant criteria, the duration of the noise exceedance shall be given.
(d) In
case the Applicant would like to evaluate whether construction works in
restricted hours as defined under the Noise Control Ordinance (NCO) are
feasible or not in the context of programming construction works, reference
should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the
construction noise impact assessment for restricted hours, the Noise Control
Authority will process the Construction Noise Permit (CNP) application, if
necessary, based on the NCO, the relevant technical memoranda issued under the
NCO, and the contemporary conditions / situations. This aspect should be explicitly stated in the noise chapter and
the conclusions and recommendations chapter in the EIA report.
(vi) Assessment of Side Effects and
Constraints
The
Applicant shall identify, assess and propose means to minimize any side effects
and to resolve any potential constraints due to the inclusion of any
recommended direct technical remedies.
3.5.4 Waste Management Implications
3.5.4.1 The Applicant shall follow the criteria and guidelines for
evaluating and assessing waste management implications as stated in Annexes 7
and 15 of the TM, respectively.
3.5.4.2 The assessment of waste management implications
shall cover the following:
(i) Analysis of Activities and Waste
Generation
The
Applicant shall identify the quantity, quality and timing of the waste arising
as a result of the construction activities, based on the sequence and duration
of these activities.
(ii) Proposal for Waste Management
(a) Prior to considering the disposal options
for various types of wastes, the Applicant shall fully evaluate opportunities
for reducing waste generation and on-site or off-site reuse shall be fully
evaluated. Opportunities to produce and
use recycled products from the wastes shall also be explored. Measures which can be taken in the planning
and design stages, e.g. by modifying the design approach and in the
construction stage for maximizing waste reduction shall be separately
considered.
(b) After taking into account all the opportunities
for reducing waste generation and maximizing reuse, the Applicant shall
estimate the types and quantities of the wastes required to be disposed of as a
consequence and describe the disposal options for each type of waste in detail. The disposal options for each type of wastes
shall take into account the result of the assessment in (c) below.
(c) The impact caused by handling (including
labelling, packaging & storage), collection, and disposal of wastes shall
be addressed in detail and with appropriate mitigation measures proposed. This assessment shall cover the following
areas :
- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge; and
- public transport and traffic.
3.5.5 Summary of Environmental Outcomes
The
EIA report shall contain a summary of the key environmental outcomes arising
from the EIA study, including the population and environmentally sensitive
receivers protected, the environmentally friendly designs recommended, the key
environmental problems avoided and the environmental benefits of the
environmental protection measures recommended.
The outcomes shall also indicate the improvement in air quality due to
less reliance on road transport, if any, associated with transport modal
changes contributed by this project.
3.5.6 Environmental Monitoring and Audit
(EM&A) Requirements
3.5.6.1 The Applicant shall identify and justify in the EIA study whether
there is any need for EM&A activities, during the construction phase of the
Project, if affirmative, to define the scope of the EM&A requirements for
the Project in the EIA study.
3.5.6.2 Subject to the confirmation of the EIA study
findings, the Applicant shall comply with the requirements as stipulated in
Annex 21 of the TM. The Applicant shall
propose real-time reporting of monitoring data for the Project through a
dedicated internet website, and also a continuous construction noise monitoring
mechanism similar to the one adopted in the East Rail Extension – Hung Hom to
Tsim Sha Tsui project.
3.5.6.3 The Applicant shall prepare a project
implementation schedule (in the form of a checklist as shown in Appendix A to
this EIA study brief) containing all the EIA study recommendations and
mitigation measures with reference to the implementation programme.
4. DURATION OF VALIDITY
4.1 This EIA study brief is valid for 24
months after the date of issue. If the
EIA study does not commence within this period, the Applicant shall apply to
the Director for a fresh EIA study brief before commencement of the EIA study.
5. REPORT REQUIREMENTS
5.1 In preparing the EIA report, the
Applicant shall refer to Annex 11 of the TM for the contents of an EIA
report. The Applicant shall also refer
to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA
report.
5.2 The Applicant shall supply the Director
with the following number of copies of the EIA report and the executive
summary:
(i) 30 copies of the EIA report in English
and 30 copies of the executive summary (each bilingual in both English and
Chinese) as required under section 6(2) of the EIAO to be supplied at the time
of application for approval of the EIA report.
(ii) when necessary, addendum to the EIA
report and the executive summary submitted in 5.2 (i) above as required under section 7(1) of the EIAO, to be supplied upon
advice by the Director for public inspection.
(iii) 20 copies of the EIA report in English and
50 copies of the executive summary (each bilingual in both English and Chinese)
with or without Addendum as required under section 7(5) of the EIAO, to be
supplied upon advice by the Director for consultation with the Advisory Council
on the Environment.
5.3 The Applicant shall, upon request, make additional copies of
the above documents available to the public, subject to payment by the
interested parties of full costs of printing.
5.4 In addition, to facilitate the public inspection of the EIA
Report via the EIAO Internet Website, the applicant shall provide electronic
copies of both the EIA Report and the Executive Summary Report prepared in
HyperText Markup Language (HTML) (version 4.0 or later) and in Portable
Document Format (PDF version 4.0 or later), unless otherwise agreed by the
Director. For the HTML version, a content
page capable of providing hyperlink to each section and sub-section of the EIA
Report and the Executive Summary Report shall be included in the beginning of
the document. Hyperlinks to all figures, drawings and tables in the EIA Report
and Executive Summary shall be provided in the main text from where the
respective references are made. All
graphics in the report shall be in interlaced GIF format unless otherwise
agreed by the Director.
5.5 The electronic copies of the EIA report and the Executive
Summary shall be submitted to the Director at the time of application for
approval of the EIA Report.
5.6 When the EIA Report and the Executive Summary are made
available for public inspection under section 7(1) of the EIAO, the content of
the electronic copies of the EIA Report and the Executive Summary must be the
same as the hard copies and the Director shall be provided with the most
updated electronic copies.
5.7 To
promote environmentally friendly and efficient dissemination of information,
both hardcopies and electronic copies of future EM&A reports recommended by
the EIA study shall be required and their format shall be agreed by the
Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 If there is any change in the name of Applicant for this EIA
study brief during the course of the EIA study, the Applicant must notify the
Director immediately.
6.2 If there is any key change in the scope of the Project
mentioned in Section 1.2 of this EIA study brief and in Project Profile (No.
PP-106/2000), the Applicant must seek confirmation from the Director in writing
on whether or not the scope of issues covered by this EIA study brief can still
cover the key changes, and the additional issues, if any, that the EIA study
must also address. If the changes to
the Project fundamentally alter the key scope of the EIA study brief, the
Applicant shall apply to the Director for a fresh EIA study brief.
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END OF EIA STUDY BRIEF ---
December
2000
Environmental
Assessment and Noise Division,
Environmental
Protection Department