1. BACKGROUND

1.1 An application (No. ESB-073/2001) 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 19 April 2001 with a Project Profile (No. PP-125/2001).

1.2 The Project Profile (No. PP-125/2001) proposes to construct a submarine gas pipeline connected to two gas stations located respectively at the new Western Kowloon Reclamation area near Yau Ma Tei and Sai Ying Pun.

1.3 The Project will include the followings:

- laying of a 600 mm diameter steel submarine gas pipeline of length about 1850 metre by means of dredging the seabed using one grab dredger and bottom pulling method, dredging a maximum of about 700,000 m3 of sediment at a maximum rate of about 21,000 m3 per week, from Western Kowloon Reclamation area to Sai Ying Pun.
- construction of two gas stations for pressure regulation and pigging operation at Western Kowloon Reclamation area and at Sai Ying Pun respectively
- laying of 600 mm diameter gas pipeline of length about 450 m on land in the Western Kowloon Reclamation area.

1.4 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.

1.5 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed projects and related activities taking 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 proposed project;

(ii) the conditions and requirements for the detailed design, construction and operation of the proposed 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 proposed project and associated works together with the requirements for carrying out the proposed project;
(ii) to consider alternative alignment(s) of the submarine gas pipeline and to compare the environmental benefits and dis-benefits of such of the alignment in selecting a preferred alignment;
(iii) to identify and describe elements of community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including natural and man-made environment;
(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(v) to describe, identify and quantify any potential visual impacts and determine the significance of impacts on sensitive receivers;
(vi) to identify any negative impacts on sites of cultural heritage and to propose measures to mitigate these impacts;
(vii) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the proposed project;
(viii) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the proposed project in relation to the sensitive receivers and potential affected uses;
(ix) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the proposed project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;
(x) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures, and to identify the constraints associated with the mitigation measures recommended in the EIA study as well as the provision of any necessary modification;
(xi) to identify, within the study area, any individual project(s) that fall under Schedule 2 of the EIA Ordinance; to ascertain whether the findings of this EIA study have adequately addressed the environmental impacts of those projects; and, where necessary, to identify the outstanding issues that need to be addressed in any further detailed EIA study; and
(xii) to design and specify environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this EIA 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 proposed project mentioned in Sections 1.2 and 1.3 above, with the proposed works area as shown in the attached Figure 1. The EIA study shall address the likely key issues described below; together with any other key issues identified during the course of the EIA study:

i) the potential water quality impacts arising from the dredging and backfilling works during the construction phase of the pipeline.

ii) the potential noise and dust impacts arising from the construction works of the proposed project.

3.3 Consideration of Alternative Alignment Options ad Construction Methods

3.3.1 Consideration of Different Alignment Options and Gas Stations Locations

The Applicant shall consider any other feasible pipeline alignment options for the project. Alternative locations of gas stations shall be also investigated. The Applicant shall compare the environmental impacts as well as the environmental benefits and dis-benefits of each of the possible pipeline alignment options and locations of gas stations, and provide reasons for selecting the final preferred option including the environmental factors played in the selection.

3.4 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts.

3.4.1 Air Quality Impact

3.4.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.

3.4.1.2 The assessment area for air quality impact shall general be defined by a distance of 500m from the proposed project boundary as shown in the attached Figure 1.

3.4.1.3 The Applicant shall review the constructional dust impact arising from land based work of the project with respect to the following:

Background and analysis of activities

(i) provide background information relating to air quality issues relevant to the project, e.g. description of the types of activities of the projects.

(ii) give an account of the considerations/measures that had been considered in the planning of the project to abate the air pollution impact. That is, the Applicant should consider alternative construction methods/phasing programmes to minimize the constructional air quality impact.

(iii) present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional air quality impacts.

Identification of ASRs

(iv) identify and describe representative existing and planned/committed air sensitive receivers (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.

(v) 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 constructional stage emission sources include stock piling, concrete batching and vehicular movements on unpaved haul roads on site, etc.

Mitigation Measures

(vi) The Applicant shall follow the requirements of the Air Pollutant Control (Construction Dust) Regulation and propose any other remedies or mitigation measures 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.

3.4.2 Noise Impact

3.4.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM.

3.4.2.2 The noise impact assessment shall include the following :

(i) Determination of Assessment Area

The area for the noise impact assessment shall generally include all areas within 300m from the proposed projects shown in Figure 1 of the Project Profile (No. PP-125/2001). Subject to the agreement of the Director, the assessment area could be reduced accordingly of the first layer of noise sensitive receivers, closer than 300m from the outer project limit, provides acoustic shielding to those receivers at further distance behind.

(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 noise sensitive receivers (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 operational noise assessment purpose.

(iv) Provision of an Emission Inventory of the Noise Sources

The Applicant shall provide an inventory of noise sources (e.g. construction equipment for assessment of construction noise and plant/equipment for operational noise assessment). 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) 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) Operational Noise Assessment on Fixed Noise Sources

(a) Assessment of Fixed Source Noise Levels

The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.

(b) Presentation of Noise Levels

The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

(c) Proposals for Noise Mitigation Measures

The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

(vii) 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.

(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Landuses

For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.

The Applicant shall take into account agreed environmental requirements / constraints identified by the study to assess the development potential of concerned sites which shall be made known to the relevant parties.

3.4.3 Water Quality Impact

3.4.3.1 The Applicant shall follow the criteria and guidelines for evaluation and assessing water pollution as stated in Annexes 6 and 14 of the TM.

3.4.3.2 The study area for this water quality assessment shall cover the Victoria Harbour Water Control Zone and Western Buffer Water Control Zone as designated under the Water Pollution Control Ordinance. This study area could be extended to include other areas during the course of the EIA study if found justifiable.

3.4.3.3 The Applicant shall identify and analyze all physical, chemical and biological disruptions of marine or ground water system(s) arising from the construction and operation of the proposed project.

3.4.3.4 The Applicant shall include in the water quality impact assessment the following major tasks:

(i) collect and review relevant background information on the affected water system(s) and their respective catchment(s);

(ii) characterize water and sediment quality based on existing information or information collected from appropriated site surveys/tests;

(iii) identify and analyze existing, planned/committed activities and beneficial uses related to the water system(s) and identify all affected water sensitive receivers including the corals on Green Island. The Applicant shall refer to those developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans;

(iv) identify pertinent water and sediment quality objectives, criteria and standards for the water system(s) and sensitive receivers identified in (iii) above;

(v) identify any alteration(s)/change(s) to existing shoreline or bathymetry, flow regimes, ground water levels and catchment types or areas;

(vi) identify, analyze and quantify all existing and committed water and sediment pollution sources, including point discharges and non-point sources to surface water runoff and analyze these in relation to the provision and adequacy of future facilities to reduce such pollution in terms of capacity and levels of treatment;

(vii) provide an emission inventory on the quantities and characteristics of existing and committed pollution sources identified in (vi) above and to conduct appropriate field investigation and laboratory tests to fill in any major information gaps if considered necessary. Elutriate tests (USACE) and sediment pore water (interstitial water) analyses should be performed on the sediment samples to simulate and quantify the degree of mobilization of various contaminants such as metals, ammonia, trace organic contaminants such as PCBs, PAHs, TBT and chlorinated pesticides into the water column during dredging.

(viii)predict and quantify impacts on the affected water system(s) and the sensitive receivers, including the corals on Green Island, due to those alterations and changes identified in (v) above and the pollution sources identified in (vi) above. The Applicant shall conduct full scale mathematical modelling, simulating situation during various construction phases, assessing both the local and global effects on erosion, resuspension and sediment dispersion due to the dredging of marine sediment and backfilling activities. The assessment should take into account the additional pollution loading and oxygen demand exerted by sediment disturbed and any fill materials. The mathematical modelling requirements are set out in Annex A.

Cumulative impacts due to other projects, activities or pollution sources with a boundary around the assessment area, subject to the agreement of the Director shall be predicted and quantified.

(ix) propose water pollution prevention and mitigation measures to be implemented during the construction and operation stages so as to reduce the water and sediment quality impacts to within standards;

(x) investigate and propose best management practices to reduce stormwater and non-point source pollution arising from the construction of the proposed project; and

(xi) evaluate and quantify any residual impacts on the affected water system(s) and sensitive receivers, including the corals on Green Island, with regard to the appropriate water and sediment quality objectives, criteria, standards or guidelines.

3.4.4 Waste Management Implications

3.4.4.1 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.

3.4.4.2 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 and operation 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, opportunities for reducing waste generation and on-site or off-site reuse shall be fully evaluated. Measures which can be taken in the planning and design stages eg. by modifying the design approach and in the construction stage for maximising waste reduction shall be separately considered.

(b) Having taken into account all the opportunities for reducing waste generation and maximizing reuse, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment set out in (c) below.

(c) The impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed. This assessment shall cover the following areas:

- potential hazard;
- air & odour emissions;
- noise;
- wastewater discharge; and
- public transport.

(iii) Dredging, Filling and Dumping

(a) identification and quantification of all dredging, fill extraction, filling, mud/sediment transportation and disposal activities and requirements. Potential fill source and dumping ground to be involved shall also be identified. Field investigation, sampling and chemical and biological laboratory tests to characterize the sediment/mud concerned shall be conducted as appropriate. The ranges of parameters to be analyzed; the number, type and methods of sampling; sample preservation; chemical and biological laboratory test method; and the laboratory to be used shall be subject to the approval of the Director. Any seriously contaminated sediment which requires special treatment and/or disposal arrangement in accordance with WBTC No.3/2000 shall be identified by both chemical and biological tests. If the presence of such sediment is confirmed, the Applicant shall identify the most appropriate treatment and/or disposal arrangement and demonstrate its feasibility.

(b) Identification and evaluation of the best practicable dredging methods to minimize dredging and dumping requirements and demand for fill sources based on the criterion that existing marine mud shall be left in place and not to be disturbed as far as possible.

3.4.5 Visual Impact

3.4.5.1 The Applicant should provide location plans, site layout plans, block plans, external elevations, sections in appropriate scales to show the shape and/or appearance of the building(s) for the project. The Applicant should also provide perspective drawings, photographs and photomontages from key vantage points taken for the proposed above ground structure(s) in the planned urban setting to justify the colour scheme, materials and facade treatment etc. to ensure visual compatibility with its environmental context. Where appropriate, the effectiveness of visual mitigation measures (for example landscaping) shall be included.

3.4.6 Cultural Heritage Impact

The Applicant shall engage a qualified marine archaeologist to review available information to identify whether there is any material of archaeological value, for example shipwrek, in the affected dredging area. If found, a Marine Archaeological Investigation (MAI) is required. The requirements of the MAI are set out in Annex B.

3.4.7 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 areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.

4. ENVIRONMENTAL MONITORING AND AUDIT (EM&A) REQUIREMENTS

4.1 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, and if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study.

4.2 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 and justify the need for real-time reporting of monitoring data for the Project through a dedicated internet website accessible to the public.

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex C to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. DURATION OF VALIDITY

5.1 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 another EIA study brief afresh before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall make reference to the general guidance as set out in Annex 11 and Annex 20 of the TM. Annex 11 lists out the main sections of the content of an EIA report and Annex 20 sets out the guidelines used by the Director for review of the EIA report.

6.2 The Applicant shall provide the Director with :

(i) as perusal to section 6(2) of the EIAO,

- 40 copies of the EIA report in English; and
- 40 copies of the Executive Summary(ies) (in English and Chinese), to be supplied at the time of application for approval of the EIA report;

(ii) as perusal to section 7(1) of the EIAO,
- when necessary, addendum to the EIA report and the Executive Summary(ies) submitted in (i) above to be supplied upon the advice by the Director for public exhibition;

(iii) as perusal to section 7(5) of the EIAO,
- 20 copies of the EIA report in English; and
- 50 copies of the Executive Summary(ies) (in English and Chinese), to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

6.3 The Applicant shall, upon request, make additional copies of the above documents available to the public, subject to payment by the interested parties for full printing costs.

6.4 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.

6.5 Electronic copies of the EIA report and the Executive Summary(ies) shall be submitted to the Director at the time of application for approval of the EIA Report.

6.6 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, 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.

6.7 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.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 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.

7.2 If there is any key change in the scope of the proposed project mentioned in sections 1.2 and 1.3 of this EIA study brief and in Project Profile No. PP-125/2001, 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 proposed project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for another EIA study brief afresh.

--- END OF EIA STUDY BRIEF ---

May 2001
UAG, EAND,
Environmental Protection Department