1. BACKGROUND

1.1 An application (No. ESB-087/2001) 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 31 October 2001 with a project profile (No. PP-148/2001) (the Project Profile).

1.2 The Applicant is presently reviewing the reliability and flexibility of their existing system to meet the expected future demand and this Project would be used to supply natural gas as alternative feedstock to produce gas at the existing production plant in Tai Po Industrial Estate. The Applicant proposes to construct and operate :

(i) a gas receiver facility at the Tai Po Gas Production Plant within the Tai Po Industrial Estate; and

(ii) twin submarine gas pipelines, of approximate 32km in length, to supply gas from a liquefied natural gas (LNG) receiving terminal in Cheng Tou Jiao, Shenzhen, to the Tai Po Gas Production Plant. The submarine gas pipelines will be laid through Tolo Harbour, Tolo Channel and Mirs Bay within a 500m wide corridor shown in Annex A. As indicated in the Project Profile, the exact alignment of the pipelines will be determined during the engineering design and EIA study.

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 and operation 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, construction and operation 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 and the associated environmental constraints;

(iii) to provide information on the consideration of alternatives to avoid and minimize the potential environmental impacts, and to compare the environmental benefits and dis-benefits of each of the different options; to provide reasons for selecting the preferred option(s) and to describe the part of environmental factors played in the selection;

(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(v) to identify and quantify any potential losses or damage to aquatic organisms and natural habitats and to propose measures to mitigate these impacts;

(vi) to evaluate the potential natural gas hazards during operation of the Project and to propose measures to mitigate the impacts;

(vii) to evaluate the potential hazards of the landfill gas associated with the Project and to propose measures to mitigate the impacts;

(viii) to identify the negative impacts on any sites of cultural heritage and to propose measures to mitigation these impacts;

(ix) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;

(x) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(xi) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction and operation phases of the Project in relation to the sensitive receivers and potential affected uses;

(xii) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the Project which are necessary to mitigate these environmental impacts and cumulative effects and reduce them to acceptable levels;

(xiii) 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

(xiv) 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. This study brief does not cover any other associated works or facilities to be constructed, installed or decommissioned within the existing Tai Po Gas Production Plant other than those mentioned in Section 1.2 above. 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 impact arising from the construction of the gas pipelines, including trench dredging and backfilling works and laying of the pipelines using jetting method;

(ii) the potential impacts to the ecological sensitive areas, including the following, and any other sensitive areas that may be identified during the course of the EIA study :

(a) marine parks at Hoi Ha Wan, Ping Chau and Yan Chau Tong;

(b) site of special scientific interest (SSSI) at Ting Kok and Kei Ling Ha;

(c) special area at Ma Shi Chau;

(d) proposed and gazetted artificial reef deployment sites at Yan Chau Tong, Hoi Ha Wan and Long Harbour; and

(e) the high coral coverage areas, such as Ping Chau, Hoi Ha Wan, Chek Chau, Wong Chuk Kok Hoi, etc.

(iii) the potential fisheries impact to the fish culture zones in particular at Yim Tin Tsai, Yim Tin Tsai (East), Yung Shue Au, Lo Fu Wat, Tap Mun, Kau Lau Wan and Sham Wan and to the proposed Fisheries Protection Areas within Tolo Channel and Long Harbour;

(iv) the potential hazard associated with the handling of natural gas during the operation of the Project;

(v) the potential hazards during construction of the Project arising from the nearby Potentially Hazardous Installations (PHI), including the existing gas production plant within Tai Po Industrial Estate, and the adjacent Shuen Wan Landfill, if the construction of the gas pipelines falls within the 250m consultation zone of the Landfill;

(vi) the potential noise impacts to sensitive receivers along the coastal areas of Tolo Harbour during construction of the Project;

(vii) 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, and that those impacts may have a bearing on the environmental acceptability of the Project. Consideration shall be given to account for the impacts from likely concurrent projects such as the proposed natural gas pipelines for the Hong Kong Electric Company Limited running from Cheng Tou Jiao in Shenzhen to Lamma Power Station and the other section of this Project to be constructed in the Mainland areas;

3.3 Consideration of Alternative Alignment Options and Construction Methods

When preparing the EIA report in accordance with the technical requirements below and the TM, the Applicant shall include in the EIA report the following considerations in sub-sections 3.3.1 to 3.3.3.

3.3.1 Consideration of Different Alignment Options

Apart from the proposed alignment corridor indicated in the Project Profile, the Applicant shall consider other feasible alignment options for the Project with a view to avoiding or minimizing the potential environmental impacts of the Project, especially the potential impacts onto water quality and the knock-on effects to the ecological sensitive areas within Tolo Harbour, Tolo Channel and Mirs Bay, with special focus on the coral communities and fisheries resources/habitats. In particular, when area(s) of ecological important (e.g. presence of hard or soft corals) may be identified during the underwater dive surveys, as required in sub-section 3.4.3.5 below, fine-tuning of the alignment or re-routing may be needed to avoid environmental impacts on any of the identified ecological important area(s). A comparison of the environmental benefits and dis-benefits of the possible alignment options shall be made with a view to recommending the preferred option to avoid adverse environmental effects to the maximum practicable extent.

3.3.2 Consideration of Alternative Construction Methods and Sequences of Works

Having regard to the cumulative effects of the construction period and the severity of the construction impacts to the affected sensitive receivers, the EIA study shall explore alternative construction methods (including those indicated in the Project Profile, i.e. trench dredging and jetting method, and other possible methods to be investigated during the course of the EIA study) and sequences of works for the Project, with a view to avoiding prolonged adverse environmental impacts to the maximum practicable extent. A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.

3.3.3 Selection of Preferred Scenario

Taking into the comparisons in sub-sections 3.3.1 and 3.3.2 above, the Applicant shall recommend/justify the selection of the preferred scenario that will avoid or minimize adverse environmental effects arising from the Project, and adequately describe the part that environmental factors played in arriving at the final selection.

3.4 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects as described in Sections 3.1, 3.2 and 3.3 above. The EIA study shall include the following technical requirements on specific impacts.

3.4.1 Water Quality Impact

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

3.4.1.2 The study area for this water quality assessment shall cover the Tolo Harbour & Channel Water Control Zone and the upper half of the Mirs Bay Water Control Zone (as shown in Annex B-1) as designated under the Water Pollution Control Ordinance (WPCO). This study area could be extended to include other areas if they are found also being impacted during the course of the EIA study and have a bearing on the environmental acceptability of the Project.

3.4.1.3 The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine or fresh water, stormwater pipeline and coastal water arising from the construction and operation (including any maintenance and inspection works of the pipelines) of the Project.

3.4.1.4 The Applicant shall predict, quantify and assess any water quality impacts arising from the Project on the water system(s) and the sensitive receivers by appropriate mathematical modelling and/or other techniques proposed by the Applicant and approved by the Director. The mathematical modelling requirements are set out in Annex B-2 to this study brief. Possible impacts shall include but not be limited to changes in hydrology, flow regime, sediment erosion and deposition pattern, water and sediment quality due to any dredging of marine sediment, backfilling activities and the proposed jetting method for laying the gas pipelines, and the consequential effects on the aquatic organism due to such changes in Tolo Harbour, Tolo Channel and Mirs Bay.

3.4.1.5 The Applicant shall take into account and include likely different construction stages or sequences, and different operation stages of the Project in the assessment. The assessment shall have regard to the frequency, duration, volume and flow rate of the discharges and its pollutant and sediment loading. Essentially the assessment shall address the following:

(i) Collection and review of background information on the existing and planned water system(s) and sensitive receivers which might be affected by the Project during construction and operation. Consideration shall also be taken for any sensitive receivers in the Mainland waters being likely affected by the construction works of the Project in HKSAR waters;

(ii) Characterization of water and sediment quality of the water system(s) and sensitive receivers which might be affected by the Project during construction and operation based on existing information or appropriate site survey and tests;

(iii) Identification and analysis of all existing and planned future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers including those highlighted in Section 3.2 (ii) & (iii) as well as any seawater intake points that are likely to be affected. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans;

(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in (i) above;

(v) Review of the construction sequences and methods, and operation of the Project to identify any alteration of existing shoreline, bathymetry and flow regimes;

(vi) Identification and quantification of all existing and likely future water and sediment pollution sources and loading (which shall include maintenance dredging of marine sediment for the gas pipelines, if necessary, during operational phase of the Project). An emission inventory on the quantities and characteristics of all these existing and likely future pollution sources in the study area shall also be provided. Field investigation and laboratory test, as appropriate, shall be conducted to fill relevant information gaps;

(vii) Prediction and quantification of impacts on the water system(s) and the sensitive receivers that likely be affected by the alternations and changes identified in (v) above and the pollution sources identified in (vi) above. The Applicant shall assess both the local and global effects on erosion, resuspension, sediment dispersion and water quality due to any dredging of marine sediment, backfilling activities and the proposed jetting method for laying the gas pipelines. The location, nature, extent and rate of such works for laying the pipelines shall be clearly identified and evaluated. The assessment shall also take into account the additional pollution loading and oxygen demand exerted by sediment disturbed and any fill materials;

(viii) Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources along the identified water system(s) and sensitive receivers that may have a bearing on the environmental acceptability of the Project through mathematical modelling. This shall include the potential cumulative construction and operational water quality impact arising from, inter alia, the projects highlighted in Section 3.2 (vii);

(ix) The Applicant shall devise mitigation measures to avoid or minimize the impacts identified above, in particular suitable mud dredging and disposal methods shall be recommended to mitigate any adverse impacts. The residual impacts on the water system(s) and the sensitive receivers with regard to the relevant water and sediment quality objectives, criteria, standards or guidelines shall be assessed and quantified using appropriate mathematical models set out in Annex B-2 to this study brief.

3.4.2 Waste Management Implications

3.4.2.1 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.

3.4.2.2 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 of the Project, 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, on-site or off-site re-use and recycling shall be fully evaluated. 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 considering all the opportunities for reducing waste generation and maximizing re-use, 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 shall be described in detail. Pretreatment processes for slurry before disposal shall be addressed in details. The disposal method recommended for each type of waste shall take into account of the result of the assessment in (c) below.

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

- potential hazard;

- air and 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. Appropriate laboratory tests such as elutriate tests (USACE) and sediment pore water (interstitial water) analyses shall 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. 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; and chemical and biological laboratory test methods to be used shall be subject to the approval of the Director. The categories of sediments which require different types of disposal in accordance with the Works Bureau Technical Circular No. 3/2000 shall be identified by both chemical and biological tests and their quantities shall be estimated. If the presence of any seriously contaminated sediment which requires Type 3 disposal 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;

(iv) Waste Management Plan

If the construction method(s) adopted will lead to the generation of significant amount of wastes material, the Applicant shall, based on the assessment in sub-sections (i) to (iii) above, include in the EIA report a Waste Management Plan specifying, where appropriate, the following elements to ensure that the potential environmental impacts will be avoided or minimized :

(a) measures on how to maximize the waste(s) reduction;

(b) quantity and nature of the wastes to be generated;

(c) how, where and when, they will be generated, stored, reused, recycled and disposed on-site/off-site; and

(d) their disposal mean(s), route(s) and final destination(s).

3.4.3 Marine Ecological Impact

3.4.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing ecological impact as stated in Annexes 8 and 16 of the TM respectively.

3.4.3.2 The assessment area shall be the same as the water quality impact assessment or the area likely to be impacted by the Project.

3.4.3.3 In the ecological impact assessment, the Applicant shall examine the aquatic organism and other components of the ecological habitats within the assessment area. The aim shall be to protect, maintain or rehabilitate the natural environment. In particular, the Project shall avoid impacts on recognized sites of conservation importance (e.g. Marine Parks and Sites of Special Scientific Interest - SSSI) and other ecological sensitive areas (e.g. corals), in particular those highlighted in Section 3.2 (ii) & (iii). The assessment shall identify and quantify as far as possible the potential ecological impacts associated with the Project including both directly by physical disturbance and indirectly by changes of water quality.

3.4.3.4 The assessment shall include the following major tasks:

(i) review and incorporate the findings of relevant previous studies/surveys including but not limited to those contained in Annex C and collate all the available information regarding the ecological characters of the assessment area;

(ii) evaluate the information collected from sub-section (i) above, and identify any information gap relating to the assessment of potential ecological impacts to the aquatic environment in particular the northern bank of the Tolo Channel;

(iii) carry out necessary ecological field surveys of at least six months duration covering both the dry and wet seasons and investigations to verify the information collected, fill the information gaps identified in sub-section (ii) above and fulfill the objectives of the EIA study.;

(iv) establish a ecological profile of the study area based on data of relevant previous studies/surveys and results of additional ecological field surveys, and taking into consideration the seasonal variations, and describe the characteristics of each habitat found. Major information to be provided shall include:

(a) description of the physical environment, including all recognized sites of conservation importance in the assessment area, in particular marine parks at Hoi Ha Wan, Ping Chau and Yan Chau Tong and site of special scientific interest (SSSI) at Ting Kok and Kei Ling Ha, and assess whether these sites will be affected by the Project or not;

(b) habitats maps of suitable scale showing the types and locations of habitats in the study area with special attention to those with conservation interests, including but not limited to the following:

- coral communities

- any other notable benthic or littoral communities

- any other habitats identified as having special conservation interests by this EIA study;

(c) ecological characteristics of each habitat type such as extent, substrate type, species present, dominant species found, species diversity and abundance, community structure, seasonal patterns, inter-dependence of the habitats and species, and presence of any features of ecological importance;

(d) representative colour photographs of each habitat type and any important ecological features identified;

(e) species found that are rare, endangered and/or listed under local legislation, international conventions for conservation of habitats or red data books;

(v) using suitable methodology and considering also any works activities from other projects reasonably likely to occur at the same time, identify and quantify as far as possible any direct, indirect (e.g. changes in water qualities, hydrodynamics properties, sedimentation rates and patterns, hydrology), on-site, off-site, primary, secondary and cumulative ecological impacts such as destruction or disturbance of habitats, reduction of species abundance/diversity, loss of feeding grounds, reduction of ecological carrying capacity, habitat fragmentation; and in particular the following:

(a) removal or disruption of potentially valuable benthic communities;

(b) deterioration or disturbance to corals or other marine habitats of conservation value, including any discovered during the course of the assessment;

(vi) determine that the ecological impacts are avoided by design to the maximum practicable extent;

(vii) evaluate the significance and acceptability of the ecological impacts identified using well-defined criteria;

(viii) recommend all possible alternatives (such as fine-tuning of the alignment or re-routing and using other construction methods) and practicable mitigation measures to avoid, minimize and/or compensate for the adverse ecological impacts identified;

(ix) evaluate the feasibility and effectiveness of the recommended mitigation measures and define the scope, type, location, implementation arrangement, subsequent management and maintenance of such measures;

(x) determine and quantify as far as possible the residual ecological impacts after implementation of the proposed mitigation measures;

(xi) evaluate the severity and acceptability of the residual ecological impacts using well-defined criteria. If off-site mitigation measures are considered necessary to mitigate the residual impacts, the guidelines and requirements laid down in the Works Bureau Technical Circular No. 4/97 shall be followed; and

(xii) review the need for and recommend any ecological monitoring programme required.

3.4.3.5 Impacts on Corals

The assessment of impacts on corals shall include the following tasks:

(i) review and incorporate the findings of relevant previous studies/surveys including those specific to the coral communities (both within and outside the present boundaries of the marine parks of Hoi Ha Wan, Yan Chau Tong and Tung Ping Chau) documented within the assessment area and collate all the available information regarding the ecological characters of the assessment area;

(ii) evaluate the information collected and identify information gap (in particular at the northern bank of the Tolo Channel) relating to the assessment of potential impacts on corals;

(iii) carry out necessary ecological field surveys including underwater dive surveys and investigations to verify the information collected, fill the information gaps identified and fulfill the objectives of the EIA study;

(iv) present all relevant survey findings including previous surveys conducted in relevant studies together with surveys carried out under this study;

(v) using suitable methodology, e.g. geophysical surveys, identify and quantify as far as possible the presence of major marine flora and corals along the proposed gas pipelines routing corridor. Based on the results of the survey, carry our an underwater dive survey to examine in details the hard substrate habitats along the proposed routing;

(vi) using suitable methodology, e.g. Rapid Ecological Assessment, identify and quantify as far as possible the seabed substrate type, species composition and cover of the hard and soft coral assemblages and the associated epibenthic fauna and flora of the survey sites. Representative photographs and/or video footage shall be taken and used for description, identification, validation and reporting purposes. Based on the results of the underwater surveys, assess and evaluate using well-defined criteria the ecological significance of the survey sites in particular coral communities;

(vii) assess the water quality and consequent ecological impacts on corals, especially during the construction phase. The assessment shall include detailed prediction and evaluation on the change in water quality, in particular suspended solids and the extent and rate of sediment plume dispersion resulting from the pipelines laying operation during the construction phase. The likely impacts to the ecological sensitive receivers in particular the coral communities in the vicinity of the proposed gas pipelines routing corridor shall be assessed. The significance and acceptability of the predicted changes shall be evaluated using well-defined criteria;

(viii) assess the cumulative impacts of any nearby development on the corals;

(ix) identify precautionary and appropriate mitigation measures for protection of corals in the assessment area. The proposed measures with respect to coral protection may include, but not be limited to, those recommended in the previous EIA studies and other relevant studies;

(x) review the need for and recommend appropriate coral monitoring programme. Special attention should be given to monitoring of coral communities identified as vulnerable to direct and indirect adverse impacts. Use of a quantitative survey methodology, e.g. underwater quantitative video transect technique with random or fixed placement of transects, should be considered.

3.4.4 Fisheries Impact

3.4.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the TM.

3.4.4.2 The study area shall be the same as that for water quality impact assessment as set out in Section 3.4.1.2 above. It shall include the fish culture zones in particular at Yim Tin Tsai, Yim Tin Tsai (East), Yung Shue Au, Lo Fu Wat, Tap Mun, Kau Lau Wan and Sham Wan and to the proposed Fisheries Protection Areas within Tolo Channel and Long Harbour.

3.4.4.3 The study shall review and collate existing information to provide adequate and accurate data for prediction and evaluation of impacts of the Project on fisheries.

3.4.4.4 The fisheries impact assessment shall include the following:-

(i) description of the physical environmental background;

(ii) description and quantification as far as possible the existing capture fisheries activities;

(iii) description and quantification as far as possible the existing fisheries resources (e.g. major fisheries products and stocks);

(iv) identification of parameters (e.g. water quality parameters) and areas (e.g. fish culture zones and proposed Fisheries Protection Area) that are important to fisheries;

(v) identification and quantification as far as possible any direct/indirect and on-site/off-site impacts to fisheries;

(vi) evaluation of impacts and make proposals for any environmental mitigation measures with details on justification, description of scope and programme, feasibility as well as staff and financial implications including those related to subsequent management and maintenance requirements of the proposals; and

(vii) review the need for monitoring and, if necessary, propose a monitoring and audit programme.

3.4.5 Hazard To Life

3.4.5.1 The Applicant shall conduct a risk assessment study to qualitatively assess the risks associated with all aspects of the construction and operation of the proposed gas receiver facility at the Tai Po Gas Production Plant and the proposed twin gas pipelines. Specifically, this shall include the following :

(i) description and review of the design of the gas receiver station and the gas pipelines;

(ii) identification of all the possible hazards associated with these installations and evaluation of the potential safety impacts to the public and the environment, in particular the potential risks to the users of Tai Po Waterfront Park, the other uses in the Tai Po Industrial Estate and the marine traffic activities within Tolo Harbour, Tolo Channel and Mirs Bay. Specific consideration shall be taken at locations under the dangerous goods anchorage areas as indicated in the Project Profile. There are some "high risk areas" and a proposed Tee-off point indicated in the Project Profile. A map explicitly to show the locations and information to describe the nature of these "high risks areas" and the proposed Tee-off point shall be provided;

(iii) recommendations on appropriate risk mitigation measures.

3.4.6 Landfill Gas Hazards

3.4.6.1 If construction works of the preferred alignment of the gas pipeline fall into the 250m consultation zone of the Shuen Wan Landfill, the Applicant shall follow the criteria and guidelines for evaluating and assessing landfill gas hazards as stated in Annexes 7 and 19 of the TM respectively.

3.4.6.2 The landfill gas hazards assessment shall include a qualitative risk assessment and landfill gas precautionary/protection design. Specifically, the assessment shall include the following tasks :

ii) review of background information and studies related to Shuen Wan Landfill;

iii) identification of the nature and extent of the sources, including the likely concentrations/amounts of hazardous emissions which might have the potential for causing impacts on the Project during construction phase;

iv) identification of possible pathways through the ground, underground cavities, utilities or groundwater and the nature of these pathways through which hazardous emissions must traverse if they were to reach the facilities within the Project site;

v) identification of the potential targets associated with the Project during construction phase which are sensitive to the impacts of the hazardous emissions;

vi) qualitative assessment on the degrees of risk which the hazardous emissions may pose to the target for each of the source-pathway-target combinations;

vii) design of suitable level of precautionary measures and the types of protection measures for the construction of the Project; and

viii) identification of monitoring requirement for assessing the adequacy and performance of the implemented protection measures.

3.4.7 Noise Impact

3.4.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing construction noise impact as stated in Annexes 5 and 13 of the TM, respectively (i.e. excluding operational noise impact assessment).

3.4.7.2 The noise impact assessment shall include the following :

(i) Determination of Assessment Area

The study area for the noise impact assessment shall generally include all areas within 300m from the Project shown in Annex A of the Project Profile (No. PP-148/2001). 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.

(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.

(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, Development Permission Area 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.

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

The Applicant shall provide an inventory of noise sources for all the plants and equipments relating to the construction works of the Project. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities and documented.

(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 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.

3.4.8 Air Quality Impact

3.4.8.1 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. The assessment shall be based on the best available information at the time of the assessment.

3.4.8.2 The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the site for the land based works of the Project, yet it shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project.

3.4.8.3 The Applicant shall assess the construction dust impact arising from land based work of the Project, and if the proposed gas receiver facility will have any pollutant emissions during operation, shall also assess the air pollutant concentrations with reference to the relevant sections of the guidelines in Annexes D-1 to D-3, or other methodology as agreed with the Director. The Applicant shall note that any references on choice of models and model parameters for dust impact (i.e. FDM) and for traffic emission impacts (i.e. CALINE4) in Annex D-1 of the above guidelines are unlikely to be relevant to this Project unless there are major changes in the Project or circumstances that make such reference relevant.

3.4.8.4 The air quality impact assessment shall including the following :

(i) 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 that may affect air quality during both construction and operation stages.

(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 air pollution impact. That is, the Applicant shall consider alternative construction methods/phasing programmes to minimize the constructional air quality impact, and alternative modes of operation to minimize the operational air quality impact if the proposed gas receiver facility will have any pollutant emissions.

(c) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative operational air quality impacts, if the proposed gas receiver facility will have any pollutant emissions.

(ii) Identification of Air Sensitive Receivers (ASRs) and Examination of Emission/Dispersion Characteristics

(a) Identify and describe existing and planned/committed ASRs that would likely be affected by the land based works of the Project, including those earmarked on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans. The Applicant shall select the assessment points of the identified ASRs that represent the worst impact point of these ASRs. A map showing the location and description such as name of buildings, use and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources shall also be given.

(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact related to the land based works of the Project. If the gas receiver facility will produce any air pollutant emissions during its operation, such emissions shall have to be quantitatively identified and provided.

(iii) Constructional Air Quality Impact

The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation and propose any other remedies or mitigation measures in dust control to ensure that construction dust impacts arising from the land based works of the Project are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM.

(iv) Operational Air Quality Impact

If the proposed gas receiver facility will have any pollutant emissions, the following assessment shall be followed :

(a) The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs based on an assumed reasonably worst case scenario under normal operating conditions. The evaluation shall be based on the strength of the emission sources identified in sub-section 3.4.8.4(ii)(b) above.

(b) The Applicant shall apply the general principles enunciated in the modelling guidelines in Annexes D-1 to D-3 while making allowance for the specific characteristic of the Project and taking sub-section 3.4.8.3 above into consideration. 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 modelling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. In case of doubt, prior agreement between the Applicant and the Director on the specific modelling details should be sought.

(c) 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.

(d) The Applicant shall calculate the expected cumulative air pollutant concentrations at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, to be evaluated against the relevant air quality standards and any effects they may have on land use implications. Plans of a suitable scale should be used to present pollution contour to allow proper determination of buffer distances requirements.

(e) The Applicant shall propose remedies and mitigating measures where the predicted air quality 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.

(f) All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.

3.4.9 Impact on Cultural Heritage

3.4.9.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in Annexes 10 and 19 of the TM, respectively.

3.4.9.2 The Applicant shall engage a qualified marine archaeologist to review available information to identify whether there is any possible existence of sites or objects of cultural heritage, for example shipwreck, within an areas 10 metres on either side of the preferred alignment of the proposed gas pipelines and any seabed areas that would be affected by the marine works of the Project. If found, a Marine Archaeological Investigation (MAI) is required within the said area. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a License from the Antiquities and Monuments Ordinance (Cap. 53). The requirements of the MAI are set out in Annex E.

3.4.10 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.

3.4.11 Environmental Monitoring and Audit (EM&A) Requirements

3.4.11.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the Project and, if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study.

3.4.11.2 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 also propose real-time reporting of monitoring data for the Project through a dedicated internet website.

3.4.11.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex F 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 If the EIA study does not commence within 36 months after the date of issue of this study brief, the Applicant shall apply to the Director for another EIA study brief afresh 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) 50 copies of the EIA report in English and 80 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 s.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-148/2001), 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 Project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

--- END OF EIA STUDY BRIEF ---

December 2001
Environmental Assessment and Noise Division,
Environmental Protection Department