3                    ENVIRONMENTAL LEGISLATION, POLICIES, PLANS, STANDARDS AND CRITERIA

 

3.1              Environmental Impact Assessment

 

3.1.1          The Environmental Impact Assessment Ordinance (EIAO) requires all designated projects to be subject to the EIA process and applies to most of the major infrastructure projects.  This Project involves demolition of the Existing Crematorium (which processed pathological waste from 1994 to 2001) as well as construction and operation of the New Crematorium.  Under the definition of EIAO, the Project is considered to be designated projects under Schedule 2, Part II (Item 3) (for demolition of the Existing Crematorium) and Part I (N.4) (for construction and operation of the New Crematorium).  This EIA report covers both designated projects in a single document.  Since this Project is a Government project, reference to ETWB 13/2003 Guidelines and Procedures for Environmental Impact Assessment of Government Projects and Proposals should be made.

 

3.1.2          A Technical Memorandum on EIA Process issued under Section 16 of the EIAO (EIAO-TM) sets out the principles, procedures, guidelines requirements and criteria for preparing and reviewing an EIA report.

 

3.2              Air Quality

 

3.2.1          The criteria for evaluating air quality impacts and the guidelines for air quality assessment are laid out in Annexes 4 and 12 of the Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM), respectively, whereas the Guidance Note on the Best Practicable Means for Incinerators (Crematoria) (BPM 12/2) governs the stack emission of the New Crematorium.

 

3.2.2          The Air Pollution Control Ordinance (APCO) provides the statutory authority for controlling air pollutants from a variety of sources.  The Hong Kong Air Quality Objectives (AQOs) should be satisfied at the Hong Kong SAR.  The AQOs stipulate the maximum allowable concentrations for typical pollutants, of which total suspended particulates (TSP), respirable suspended particulates (RSP), sulphur dioxide (SO₂), nitrogen dioxide (NO₂) and carbon monoxide are relevant to this EIA Study.  The relevant AQOs are listed in Table 3.1.

 

Table 3.1   Hong Kong Air Quality Objectives

 

Pollutant	Maximum Average Concentration (mg m-3) (1)
	1-Hour (2)	8-Hour (3)	24-Hour (3)	Annual (4)
TSP	-	-	260	80
RSP (5)	-	-	180	55
SO2	800	-	350	80
NO2	300	-	150	80
CO	30,000	10,000	----	----

Notes:        (1)      Measured at 298 K and 101.325 kPa

                   (2)      Not to be exceeded more than three times per year.

                   (3)      Not to be exceeded more that once per year

                   (4)      Arithmetic mean.

(5)      Suspended particulates in air with a nominal aerodynamic diameter of 10 mm or smaller.

 

3.2.3          The State of Connecticut, USA stipulated the Primary Ambient Air Quality Standard for chlorinated dioxins and dibenzofurans (expressed as 2,3,7,8 – TCDD) at 1 pgI-TEQ/m3 (annual average).  This is adopted for this Study for assessing dioxin impact. 

 

3.2.4          To follow the acceptable criteria as stipulated at Annex 4 of the EIAO-TM, chronic and acute criteria from international organizations, including the World Health Organization (WHO), United States Environmental Protection Agency (USEPA) and California Air Resources Board (CARB), are employed for this Study.  The air quality criteria for non-AQO pollutants employed for this Study are shown in Table 3.2. 

 

Table 3.2   Air Quality Criteria for non-AQO Pollutants

 

Parameter	Unit	Criteria
		1 Hour	Annual
Dioxins	pgI-TEQ/m3	Not applicable	1 (1)
Hydrogen chloride (HCl)	mg/m3	2,100 (2)	20(3)
Mercury (Hg)	mg/m3	1.8 (2)	1 (4)

Notes         (1)      Primary Ambient Air Quality Standard for Dioxin, Department of Environmental Protection, State of Connecticut, USA, http://dep.state.ct.us/air2/regs/mainregs.htm

(2)         Reference Exposure Limits, Office of Environmental Health Hazard Assessment, California, USA

(3)         Integrated Risk Information System, USEPA

(4)         WHO Air Quality Guideline

 

                  

3.2.5          The EIAO-TM also stipulates that the hourly TSP level should not exceed 500 mgm^-3 (measured at 25^oC and one atmosphere) for construction dust impact assessment.  Mitigation measures from construction sites have been specified in the Air Pollution Control (Construction Dust) Regulation.

 

3.2.6          In accordance with the EIAO-TM, odour level at a sensitive receiver should not exceed 5 odour units based on an averaging time of 5 seconds.

 

3.2.7          Under the Air Pollution Control (Specified Process) Regulation, incinerator (including cremator) with installed capacity exceeds 0.5 tonne per hour, is classified as a specified process, and a Specified Process licence is required for its operation.

 

3.2.8          The Air Pollution Control Ordinance provides legislative control on the removal of asbestos-containing materials.  Under the APCO, the owner of premises which contain or may reasonable be suspected of containing asbestos containing material shall engage a registered asbestos consultant to curry out an asbestos investigation report and, if asbestos containing material is found, an asbestos abatement plan shall be submitted to Environmental Protection Department (EPD) at least 28 days before the commencement of the asbestos abatement work.  The EPD endorses the asbestos investigation report (AIR) and asbestos abatement plan (AAP) prepared in accordance with the relevant codes of practice by registered asbestos consultant.  The AAP specifies the proper asbestos abatement procedure that has incorporated mitigation measures to check the asbestos fiber release and hence to minimize the potential impact.  Moreover, the APCO requires registered professionals to supervise, audit and air-monitor the asbestos abatement work.

 

3.2.9          Risk guidelines for the assessment of health risk from exposures to air toxics are given by California Air Resources Board, California Environmental Protection Agency (CARB).  Guidelines value on acceptability of increased cancer risk from a lifetime exposure to air toxics have been provided and are shown in Table 3.3.

 

Table 3.3   Health Risk Guidelines for Exposure to Air Toxics ⁽¹⁾

 

Acceptability of Cancer Risk	Estimated Individual Lifetime Cancer Risk Level (2)
Significant	> 10-4
Risk should be reduced to As Low As Reasonably Practicable (ALARP)	> 10-6 – 10-4
Insignificant	10-6

Notes:        (1)      California Air Resources Board, California Environmental Protection Agency (CARB)

                   (2)      Assumed as 70 years recommended by World Health Organization (WHO)

 

3.3              Noise

 

3.3.1          The principal legislation for the control of construction and operational noise is the Noise Control Ordinance (NCO) (Cap 400). Guidelines for assessment of construction and operational noise are given in the Environmental Impact Assessment Ordinance (EIAO). Various Technical Memoranda (TMs), which stipulate the control approaches and criteria, were issued under the NCO and EIAO. The following TMs are applicable to the control of noise from construction activities and operation of fixed noise sources:

 

l            Technical Memorandum on Environmental Impact Assessment Process (EIA-TM)

l            Technical Memorandum on Noise from Percussive Piling (PP-TM)

l            Technical Memorandum on Noise from Construction Work other than Percussive Piling (GW-TM)

l            Technical Memorandum on Noise from Construction Work in Designated Areas (DA-TM)

l            Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites (IND-TM)

 

Construction Noise Criteria

 

General Construction Works

 

3.3.2          Noise arising from general construction works at daytime is governed by the EIA-TM. The noise standards are dependent on the uses of the NSRs. The daytime construction noise, during 0700 to 1900 hrs on any day not being a Sunday or general holiday, should be limited to 75 dB(A) at the sensitive residential buildings with openable windows and, 70 dB(A) and 65 dB(A) (during examinations) at the school and educational buildings in the neighborhood, as given in Table 3.4.

 

Table 3.4   EIA-TM Noise Standard for Daytime Construction Activities [1]

 

Uses	Daytime Construction Noise Standards, Leq(30 mins), dB(A)
Domestic Premises	75
Educational Institutions (normal periods)	70
Educational Institutions (during examination periods)	65

 

Operation Noise Criteria

 

3.3.3          The EIA-TM specifies that noise from fixed sources under planning should be 5dB(A) below the ANL listed in Table 2 of the IND-TM or the prevailing background noise level. Therefore, the ANLs of a fixed source shall be 5dB(A) less than the values given in IND-TM and are shown in Table 3.5.

 

Table 3.5   Acceptable Noise Levels for Fixed Noise Sources

 

Area Sensitivity Ratings Time Period	A	B	C
Day and Evening (0700-2300 hrs)   Night (2300-0700 hrs)	55 (60)   45 (50)	60 (65)   50 (55)	65 (70)   55 (60)

Figures in brackets indicate the noise standards stipulated in IND-TM.

 

3.3.4          In any event, the ASR assumed in this EIA is for indicative assessment only. It should be noted that fixed noise sources are controlled under section 13 of the NCO. At the time of investigation, the Noise Control Authority shall determine noise impact from concerned fixed noise sources on the basis of prevailing legislation and practices being in force, and taking account of contemporary conditions / situations of adjoining land uses. Nothing in the EIA report shall bind the Noise Control Authority in the context of law enforcement against all the fixed noise sources being assessed.

 

3.4              Land Contamination

 

3.4.1          Assessment of land contamination and the potential impacts are guided by EPD’s document Practice Note for Professional Persons (ProPECC PN 3/94) Contaminated Land Assessment and Remediation, the EIAO-TM, and EPD’s Guidance Notes for Investigation and Remediation of Contaminated Sites of Petrol Filling Stations, Boatyards and Car Repair / Dismantling Workshops (1999).

 

3.4.2          Under the EIAO TM, Annex 19: Guidelines for Assessment of Other Impacts, consideration shall be given to a number of potentially contaminating land uses, including petrol filling station, shipyards/boatyards, car repair and dismantling, power plants and gas works.  If these land uses are identified, then the applicant is required to generate, based on Annex 19 of EIAO-TM, a Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) and Remediation Action Plan (RAP) for land with a high contamination potential.

 

3.5              Waste Management

 

3.5.1          The following legislation covers the handling, treatment and disposal of waste in the Hong Kong Special Administration Region (HK SAR), and will be considered in the assessment.

 

·                 Waste Disposal Ordinance (Cap. 354)

·                 Waste Disposal (Chemical Waste) (General) Regulation (Cap. 354)

·                 Land (Miscellaneous Provisions) Ordinance (Cap. 28)

·                 Public Health and Municipal Services Ordinance (Cap. 132) – Public Cleansing and Prevention of Nuisances (Urban Council) and (Regional Council) By-laws

 

3.5.2          Other ‘guideline’ documents which detail how the contractor should comply with the regulations are as follows:

 

·                 Waste Disposal Plan for Hong Kong (December 1989), Planning, Environment and Lands Branch Government Secretariat

·                 Environmental Guidelines for Planning In Hong Kong (1990), Hong Kong Planning and Standards Guidelines, Hong Kong Government

·                 New Disposal Arrangements for Construction Waste (1992), Environmental Protection Department & Civil Engineering Department

·                 Code of Practice on Packaging, Labelling and Storage of Chemical Wastes (1992), Environmental Protection Department

·                 Works Branch Technical Circular No. 12/2000, Fill Management; Works Branch, HK SAR

·                 Works Branch Technical Circular 32/92, The Use of Tropical Hard Wood on Construction Site; Works Branch, Hong Kong Government

·                 Works Branch Technical Circular No. 2/93, Public Dumps

·                 Works Branch Technical Circular No. 2 /93B, Public Filling Facilities

·                 Works Branch Technical Circular No. 16/96, Wet Soil in Public Dumps

·                 Works Bureau Technical Circular No. 4/98 & 4/98A, Use of Public Fill in Reclamation and Earth Filling Projects; Works Bureau, HK SAR Government

·                 Works Bureau Technical Circular No. 5/98, On-site Sorting of Construction Waste on Demolition Site

·                 Waste Reduction Framework Plan, 1998 to 2007, Planning, Environment and Lands Bureau, Government Secretariat, 5 November 1998

·                 Works Bureau Technical Circular No. 21/2002, Trip-ticket System for Disposal of Construction and Demolition Material

·                 Works Branch Technical Circular No. 19/99, Metallic Site Hoardings and Signboards

·                 Environment, Transport and Works Bureau Technical Circular (Works) 15/2003, Waste Management On Construction Sites

·                 Works Bureau Technical Circular No. 25/99, Incorporation of Information of Construction and Demolition Material Management in Public Works Sub-committee Papers

·                 Works Bureau Technical Circular No. 29/2000, Waste Management Plan

·                 Works Bureau Technical Circular No. 33/2002, Management of Construction/Demolition Materials including Rock

·                 Works Bureau Technical Circular No. 12/2002, Specifications Facilitating the use of Recycled Aggregates

·                 Code of Practice on Asbestos Control: Preparation Work Using Full Containment or Mini Containment Method

·                 Code of Practice on Asbestos Control: Asbestos Work Using Glove Bag Method

·                 Code of Practice on Asbestos Control: Safe Handling of Low Risk Asbestos Containing Material

·                 Code of Practice on the Handling, Transportation and Disposal of Asbestos Waste

·                 Code of Practice on Asbestos Control: Preparation of Asbestos Investigation Report, Asbestos Management Plan and Asbestos Abatement Plan

·                 ProPECC PN2/97 Handling of Asbestos Containing Materials in Buildings

 

Waste Disposal (Chemical Waste) (General) Regulation

 

3.5.3          Chemical waste is defined under the Waste Disposal (Chemical Waste) (General) Regulations, which includes any substance being scrap material, or unwanted substances specified under Schedule 1 of the Regulation.  Producers of chemical wastes must treat their wastes, utilizing on-site plant licensed by the EPD or have a licensed collector take the wastes to a licensed facility.  The regulation also prescribes the storage facilities to be provided on site, including labeling and warning signs, and requires the preparation of written procedures and training to deal with emergencies such as spillage, leakage or accidents arising from the storage of chemical wastes.

 

Construction and Demolition (C&D) Materials

 

3.5.4          The handling of C&D materials is governed by Works Branch Technical Circular No. 2/93, Public Dumps.  Inert C&D materials (i.e. public fill) should not be disposed of at landfills, but to be taken to public filling areas which usually form part of reclamation schemes.  The Land (Miscellaneous Provision) Ordinance requires that dumping licences are obtained by individuals or companies who deliver public fill to public filling areas.  The licences are issued by the Civil Engineering Department (CED) under delegated powers from the Director of Lands.

 

3.5.5          In addition to the Works Branch Technical Circular, EPD and CED have produced a leaflet entitled ‘New Disposal Arrangements for Construction Waste’ (1992) which states that C&D material with less than 30% by weight (or 20% inert material by volume) of inert material (i.e. public fill) will be accepted at landfill.  If the material contains more than 30% inert material, the waste must be sorted and sent to a public filling area and the non-inert material (i.e. C&D waste) can be sent to landfill for final disposal.

 

3.6              Landscape and Visual

 

3.6.1          Environmental legislation in relation to landscape and visual aspects is guided by the EIAO. The criteria for evaluating Landscape and Visual Impacts are laid out in the EIAO-TM.  The relevant criteria for Landscape and Visual Impacts are defined in the EIAO-TM as well as in other documents as listed below:

 

·             Annex 10: Criteria for Evaluating Visual and Landscape Impact, and Impact on Sites of Cultural Heritage

·             Annex 18: Guidelines for Landscape and Visual Impact Assessment

·             EIAO Guidance Note 8/2002, Preparation of Landscape and Visual Impact Assessment

·             Works Bureau Technical Circular No. 7/2002, Tree Planting in Public Places

·             Works Bureau Technical Circular No. 14/2002, Management and Maintenance of Natural Vegetation and Landscape Works, and Tree Preservation

 

3.7              Water Quality

 

3.7.1          The following relevant legislation and associated guidance are applicable to the evaluation of water quality impacts associated with the construction and operation phases of this Project:

 

·             Water Pollution Control Ordinance (WPCO) (Cap. 358)

·             Technical Memorandum (TM) – Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Waters

·             Environmental Impact Assessment Ordinance (Cap. 499 S. 16), Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM), Annexes 6 and 14

 

3.7.2          The Water Pollution Control Ordinance (Cap. 358) provides the major statutory framework for the protection and control of water quality in Hong Kong.  According to the Ordinance and its subsidiary regulations, all Hong Kong waters are divided into ten Water Control Zones (WCZ).  Each WCZ has a designed set of statutory Water Quality Objectives (WQOs).  For this Study, the waters of the Victoria Harbour Phase 2 WCZ are applicable.

 

3.7.3          All discharges during the construction phase are required to comply with the TM – Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Waters issued under Section 21 of the WPCO which defines acceptable discharge limits to different types of receiving waters.  Under the TM, effluents discharged into foul sewers, storm water drains, inland and coastal waters are subject to pollutant concentration standards for particular volumes of discharge.  These are defined by EPD and specified in licence conditions for any new discharge within a WCZ.

 

3.7.4          Apart from the above statutory requirements, the Practice Note for Professional Persons, Construction Site Drainage (ProPECC PN 1/94), issued by ProPECC in 1994, also provides useful guidance on the management of construction site drainage and prevention of water pollution associated with construction activities.

 

3.8              Hazard to Life

 

3.8.1          The following legislation, standards, guidelines and criteria are relevant to control and evaluation of hazards:

 

·             Hong Kong Planning Standards and Guidelines (HKPSG)

·             EIAO-TM Annexes 4 and 22

·             Dangerous Goods Ordinance (Cap. 295)

·             Dangerous Goods (Application and Exemption) Regulations

 

3.8.2          The risk assessment requirement for the potentially hazardous installation (PHI) is described in  Chapter 11 of the Hong Kong Planning Standards and Guidelines (HKPSG).  According to the definition, a PHI is an installation for the storage of hazardous material with quantities equal to or greater than a substance-specified threshold quantity.  The threshold quantity related to this Study is petrol or naphtha storage which is 10,000 tonnes.  As the diesel storage on site for the new crematorium is much less than the threshold quantity, the new crematorium is not a PHI.