Environmental Impact Assessment Ordinance (Cap. 499) Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-063/2000
Project Title : Modifications to MTRC Tsim Sha Tsui Station
(hereinafter known as the "Project")
Name of Applicant: MTR Corporation Limited
(hereinafter known as the "Applicant")
1.1 An application (No. ESB-063/2000) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 13 November 2000 with a Project Profile (No. PP-106/2000).
1.2 The Applicant proposes to modify the existing MTRC Tsim Sha Tsui (TST) Station in the form of a southward extension by approximately 56m, and to provide a new 50m pedestrian subway along Nathan Road for connection to the KCRC Middle Road subway to the new southern end of TST Station as shown in Figure 1.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction of the Project and related activities that take place concurrently. This information will contribute to decisions by the Director on:
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;
(ii) the conditions and requirements for the detailed design, and the construction of the Project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1 The objectives of the EIA study are as follows :
(i) to describe the Project and associated works together with the requirements for carrying out the Project;
(ii) to identify and describe elements of community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including natural and man-made environment;
(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(iv) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction of the Project;
(v) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction phase of the Project in relation to the sensitive receivers and potential affected uses;
(vi) to identify, assess and specify methods, measures and standards, to be included in the Project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;
(vii) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and
(viii) to design and specify environmental monitoring and audit requirements to ensure the effective implementation of the recommended environmental protection and pollution control measures.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as "the TM") are fully complied with.
3.2 The Scope
The scope of this EIA study shall cover the Project mentioned in Section 1.2 above. The EIA study shall address the likely key issues described below; and together with any other key issues identified during the course of the EIA study:
(i) the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed and planned developments in the vicinity of the Project. Consideration shall be given to include construction impacts due to likely concurrent projects such as the East Rail Extension - Hung Hom to Tsim Sha Tsui and the Salisbury Road Underpass and Associated Road Improvement Works including Middle Road Circulation System; and
(ii) the potential construction noise and dust impacts and waste management of the Project, in particular works related to station extension and subways.
3.3 Use of the Relevant Findings of Previously Approved EIA Reports and Relevant Studies
3.3.1 The Applicant shall review all on-going and previously approved studies / EIA studies relevant to the Project and extract relevant information for the purpose of this EIA study. At least the following approved EIA studies should be considered for review :
(i) Environmental Impact Assessment, East Rail Extension - Hung Hom to Tsim Sha Tsui, Kowloon-Canton Railway Corporation, (Feb 2000) (EIAO Register No.: AEIAR-033/2000); and
(ii) Environmental Impact Assessment for Salisbury Road Underpass and Associated Road Improvement Works including Middle Road Circulation System, (Apr 1999) (EIAO Register No.: AEIAR-013/1999).
3.4 Consideration of Alternative Options and Construction Methods
3.4.1 Consideration of Alternative Options for the Proposed Subway
Whilst the proposed station extension and pedestrian subway alignment mentioned in Section 1.2 above represent the most direct connection to the proposed subway system at Middle Road, the Applicant shall also consider other feasible alternative alignment(s). There is merit to study the option that runs below Peking Road, Hankow Road and Middle Road and compare the environmental benefits and dis-benefits, in terms of construction impacts, of this alignment with the proposed one as described in Section 1.2.
3.4.2 Consideration of Alternative Construction Methods
Having regarded to the potentially severe cumulative construction impacts to nearby sensitive receivers, the EIA study shall explore alternative construction methods for the Project, such as bore tunneling versus cut-and-cover, and compare the environmental benefits and dis-benefits of applying different construction methods for different sections of the proposed subway alignment and any other alternative alignment option(s) considered under Section 3.4.1.
3.4.3 Selection of Preferred Scenario
Based on the findings in Sections 3.4.1 and 3.4.2 above, the Applicant shall recommend / justify the adoption of an alignment and construction method that will perform best in terms of avoiding or minimizing adverse environmental effects.
3.5 Technical Requirements
The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope set out above. The EIA study shall include the following technical requirements on specific impacts.
3.5.1 Purpose of the Project
The Applicant shall state clearly the purpose(s) and objective of the project, in particular the specific problem(s) that the Project is intended to solve.
3.5.2 Construction Dust Impact
22.214.171.124 The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control to ensure construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. A monitoring and audit program during construction stage shall be initiated to verify the effectiveness of the control measures and to ensure that the construction dust levels be brought under control.
126.96.36.199 If the Applicant anticipates a significant construction dust impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of the dust control measures stated in 188.8.131.52 above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology below when carrying out the quantitative assessment. The construction dust impact assessment shall include the following:
(i) The Applicant shall follow the criteria and guidelines for evaluating and assessing construction dust impact as stated in section 1 of Annex 4 and Annex 12 of the TM, respectively.
(ii) The area for construction dust impact assessment shall generally be defined by a distance of 500 m from the boundary of the project site, yet it may be extended depending on the circumstances and the scale of the Project.
(iii) The Applicant shall assess the air pollutant concentrations in accordance with the latest set of Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Modeling Section, Air Policy Group, Environmental Protection Department, HKSAR. (ref. EPD's home page under items for Air - http://www.info.gov.hk/epd).
(iv) Background and Analysis of Activities(a) Provide background information relating to air quality issues relevant to the Project, e.g. description of the types of activities of the Project.
(b) Give an account, where appropriate, of the consideration / measures that had been taken into consideration in the planning of the Project to abate the construction dust impact. That is, the Applicant shall consider alternative construction methods / phasing programmes to minimize the construction dust impact.
(c) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative construction dust impacts.
(v) Identification of ASRs and Examination of Emission / Dispersion Characteristics(a) Identify and describe representative existing and planned / committed ASRs that would likely be affected by the Project. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point of these ASRs. A map showing the location and a description including the name of the buildings, their uses and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources should also be given. For phased development, the Applicant should review the development programme to take into consideration of the construction stages so as to include occupiers of early phases as ASRs if they may be affected by the works at later phases.
(b) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the Project. Examples of construction stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site, etc.
(vi) Quantitative Assessment Methodology(a) The Applicant shall apply the general principles enunciated in the modeling guidelines while making allowance for the specific characteristic of the project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. Prior agreement of the general methodology between the Applicant and the Air Policy Group of EPD is advised.
(b) The Applicant shall identify the key / representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the Project.
(c) The Applicant shall calculate the cumulative construction dust impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted construction dust impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, for comparison with relevant air quality standards and examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contour for determining buffer distances required.
(d) The Applicant shall propose remedies and mitigation measures where the predicted construction dust impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments / authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in section 1 of Annex 4 in the TM.
(e) All input and output file(s) of the model run(s) shall be submitted to Air Policy Group of EPD in electronic format.
3.5.3 Construction Noise Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines for evaluating and assessing the construction noise impact as stated in Annexes 5 and 13 of the TM, respectively.
220.127.116.11 The construction noise impact assessment shall include the following :
(i) Determination of Assessment Area
The area for the construction noise impact assessment shall generally include all areas within 300m from the Project shown in Figure 1. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers at further distance behind. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at larger distance which would be affected by the construction of the Project.
(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 r-equired.
(iii) Identification of Noise Sensitive Receivers(a) The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and all planned / committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given. For planned noise sensitive land uses without committed site layouts, the Applicant should use the relevant planning parameters to work out site layouts for construction noise assessment purpose.
(iv) Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide an inventory of noise sources during construction of the Project, such as construction equipment for assessment of noise associated with the construction works. Confirmation of the validity of the inventory shall be obtained from the relevant government departments / authorities.
(v) Construction Noise Assessment(a) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the Project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
(c) If the unmitigated construction noise levels are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) particular at the open-cut area(s) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(d) In case the Applicant would like to evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of the construction noise impact assessment for restricted hours, the Noise Control Authority will process the Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions / situations. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
(vi) Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
3.5.4 Waste Management Implications
18.104.22.168 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.
22.214.171.124 The assessment of waste management implications shall cover the following:
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction activities, based on the sequence and duration of these activities.
(ii) Proposal for Waste Management(a) Prior to considering the disposal options for various types of wastes, the Applicant shall fully evaluate opportunities for reducing waste generation and on-site or off-site reuse shall be fully evaluated. Opportunities to produce and use recycled products from the wastes shall also be explored. Measures which can be taken in the planning and design stages, e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.
(b) After taking into account all the opportunities for reducing waste generation and maximizing reuse, the Applicant shall estimate the types and quantities of the wastes required to be disposed of as a consequence and describe the disposal options for each type of waste in detail. The disposal options for each type of wastes shall take into account the result of the assessment in (c) below.
(c) The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail and with appropriate mitigation measures proposed. This assessment shall cover the following areas :- potential hazard;
- air and odour emissions;
- wastewater discharge; and
- public transport and traffic.
3.5.5 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive receivers protected, the environmentally friendly designs recommended, the key environmental problems avoided and the environmental benefits of the environmental protection measures recommended. The outcomes shall also indicate the improvement in air quality due to less reliance on road transport, if any, associated with transport modal changes contributed by this project.
3.5.6 Environmental Monitoring and Audit (EM&A) Requirements
126.96.36.199 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities, during the construction phase of the Project, if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study.
188.8.131.52 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM. The Applicant shall propose real-time reporting of monitoring data for the Project through a dedicated internet website, and also a continuous construction noise monitoring mechanism similar to the one adopted in the East Rail Extension - Hung Hom to Tsim Sha Tsui project.
184.108.40.206 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix A to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
4. DURATION OF VALIDITY
4.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.
5. REPORT REQUIREMENTS
5.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:
(i) 30 copies of the EIA report in English and 30 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.
(ii) when necessary, addendum to the EIA report and the executive summary submitted in 5.2 (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
(iii) 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.
5.3 The Applicant shall, upon request, make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.
5.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
5.6 When the EIA Report and the Executive Summary are made available for public inspection under section 7(1) of the EIAO, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.
6.2 If there is any key change in the scope of the Project mentioned in Section 1.2 of this EIA study brief and in Project Profile (No. PP-106/2000), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the Project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.
Environmental Assessment and Noise Division,
Environmental Protection Department