Ministry of Ecology and Environment (MEE): Notice on Launching Pilot Projects of Carbon Emissions Environmental Impact Assessment of Construction Projects in Key Industries
On July 21, 2021, MEE issued the “Notice on Launching the Pilot Project of Carbon Emission Environmental Impact Assessment (EIA) of Construction Projects in Key Industries”. Organizing together with Hebei, Jilin, Zhejiang, Shandong, Guangdong, Chongqing and Shaanxi province to carry out Carbon Emission EIA pilot project in following key industries (i.e. power generation, steel, building material, non-ferrous metal, petrochemical and chemical industrial sectors). The objective is to investigate and understand these key industries carbon emission levels and their carbon emission reduction capabilities; to explore a coordinated control evaluation methods for pollutants and carbon dioxide emission during project construction; to establish a path for the combined management of the sources of pollution and carbon emission; and eventually will synergize to achieve the reduction of pollution and lower carbon emissions at its source. The government of pilot project provinces shall issue relevant construction projects carbon emission EIA document by the end of December 2021. As for these pilot projects, the focus point will be on carbon dioxide (CO2) EIA. However, when conditions permit, those pilot project province should also carried out methane (CH4), hydrofluorocarbons (HFCs) and other greenhouse gas emissions EIA.
Before the issuance of this notice, Chongqing City, Fuzhou City of Fujian Province and Zhejiang Province successively issued their own construction project carbon emission evaluation guidelines. The target industries in Chongqing City guideline is the same industries identified by the MEE, while Fuzhou City and Zhejiang Province have expanded their target industries to meet MEE Notice. Following the announcement of the “Key Industry Construction Project Carbon Emission Environmental Impact Assessment Pilot Technical Guidelines (Trial)”, it is expected that government of other pilot provinces will soon identify key industries that fulfil local characteristics and release corresponding pilot project methods and guidelines.
最新国家法律法规 New Regulations
Announcement of the Ministry of Ecology and Environment (MEE) on Supplementing the “List of Existing Chemical Substances in China” (First batch in 2021/Fourth batch in total)
In accordance with the requirements of the MEE Order No. 12 “Measures for the Environmental Management Registration of New Chemical Substances” and Order No. 51 “Guidelines for the Environmental Management Registration of New Chemical Substances”, 8 chemical substances including carbon oxysulfide and cesium hydroxide were added to the “List”.
According to the “Measures for Environmental Management and Registration of New Chemical Substances”, chemical substances that are not included in the “List” are new chemical substances, and environmental management registration shall applied.
立法草案 Policy Initiatives & Developments
Ministry of Water Resources: Management Measure for Water and Soil Conservation Plans of Production and Construction Projects (Revised Draft for Consultation)
The draft revised the No.5 Order of Ministry of Water Resources on “Regulation on the Compilation, Reporting and Approval of Soil and Water Conservation Plans for Development and Construction Projects (2017 Modification)”. This draft is applicable to the compilation, approval, implementation, acceptance, supervision and management of project’s soil and water conservation plan. It is divided into six chapters, including general provisions, compilation and approval, implementation and acceptance, supervision and inspection, legal responsibilities, and supplementary provisions, with thirty articles.
According to the draft, projects with an area of: More than 5 hectares or a total amount of earthwork more than 50,000 cubic meters, entity shall draft a water and soil conservation plan full report; Less than 5 hectares and a total amount of earthwork less than 50,000 cubic meters, entity shall draft a water and soil conservation plan form; Less than 0.5 hectares and a total amount of earthwork less than 1,000 cubic meters, entity are exempt to draft a water and soil conservation plan form.
After the new project approved or the approval of the feasibility study obtained, the production and construction entities are required to complete the preparation and reporting procedures for their water and soil conservation plan, just before construction started.
最新地方性法规 Regional Updates
Shanghai Municipality: Issuing Shanghai’s Key Work Arrangements for Energy Conservation, Emission Reduction and Climate Change Response in 2021
In 2021, accordance with the overall national requirements for Emission Peak and Carbon Neutrality, as well as the goals and tasks specified in the “14th Five-Year Plan” energy conservation and emission reduction comprehensive work plan, Shanghai will formulate 2021 key tasks for energy conservation, emission reduction and response to climate change.
The notice formulated 2021 Shanghai main targets for energy-saving, emission reduction and carbon reduction; coal consumption control targets for key coal-consumption entities; Energy-saving targets for district governments; And listing of key important tasks and Division of work for Shanghai 2021 Shanghai energy-saving and carbon reduction. The notice proposes twenty-eight implementation measures from seven main aspects including optimization of industry, energy, transportation structure and key energy conservation and emission reduction projects implementation.
Guangdong Province: Guideline for the Governance of Volatile Organic Compounds (VOCs) Key Industries in Guangdong Province)
Guangdong Province did not issue new VOCs prevention and control plan in 2021, however has issued a guidelines for the governance of VOCs in key industries. The guidelines covered 12 key industries which include refinery and petrochemical, chemical, printing, surface coating, pharmaceutical and electronic component manufacturing industries. The guideline stipulates the mandatory and suggestive requirements and content for the different stages of the operation including raw materials at sources phase, pollution phases, fugitive emission control phase, and completion phase.
The Department of Ecology and Environment of Guangdong Province requires local governments to supervise and guide those key regulated VOCs emissions companies to draft their own in-depth VOCs manual in accordance with this government guidelines. They are also to check for any missing or omission information, to rectify and make improvement, and to promote efficient company governance.
Jiangsu Province: Notice on Incorporating the Use and Replacement of Activated Carbon of Pollutant Discharge Entities into Pollutant Discharge Permit Management
The notice requires those pollutant discharge entity who use adsorption method to treat VOCs should provide corresponding design plans or acceptance approval documents when applying or changing Pollutant Discharge Permits (PDP). This is to confirm that the entity can meet the discharge standard or the technology can fulfil the pollution prevention and control. In accordance with the activated carbon adsorption treatment facility design plan, the pollutant discharge entity company shall determine the periodic cycle of the activated carbon replacement, the entity company must fill in the replacement periodic cycle information together with the facility design plan on the PDP Application system. When the entity has no emission treatment facilities design plan or there is discrepancies between the actual construction and the design plan, the entity shall calculate the activated carbon replacement periodic cycle based on the formula listed in the appendix of the notice. The entity also must upload the calculation process in their attachment.
The notice requires the pollutant discharge entity to establish an environmental management recording system which must be in accordance with the format, content and frequency specified in the PDP. The entity shall honestly record the replacement activated carbon period, disposal method of used activated carbon and the archive period for such recording shall not be less than 5 years.
Zhejiang Province: Safety Risk Reporting regulation for Industrial Enterprises in Zhejiang Province
This Safety Risk Reporting regulation applies to metal and non-metal mines, metallurgy, non-ferrous metals, textiles, machinery, light industry, building materials, tobacco enterprises, and Chemical enterprises with hazardous chemical production, utilization and storage permit and without the hazardous chemical permits Chemical Pharmaceutical enterprises.
Enterprises must complete their first general safety risk survey report within one month from the date of implementation of this regulation (June 30, 2021). For new built project, enterprises should complete their first general safety risk survey report within 30 days after the project completion and construction acceptance approval. For those enterprises involving hazardous chemicals product, their first general safety risk survey report shall be completed before their trial production. Enterprises are required to honestly upload the safety risk survey reports through the “risk reporting system” no less than once every quarter, and accept the supervision from relevant safety production supervision department. If Companies are involve in the following situation, are required to quickly organize to identify their safety risk: New built or re-construction of facilities; Amendment in the process flow; and Amendment to the equipment and materials. This is to confirm or adjust the facilities safety risk category and update the safety risk control basis list. This amendment report must submit within 30 days.
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