本期要闻 Highlights of the Month
State of Council: the Action Plan for Carbon Dioxide Peaking Before 2030
In order to implement the requirements of the “Opinion of Central Committee of the Communist Party of China and the State Council on implementation of the New Development Philosophy in carbon Peaking and Carbon Neutrality”, the State Council recently issued the “the Action Plan for Carbon Dioxide Peaking Before 2030.”
The Opinion is a systematic and overall planning of Carbon Dioxide Peaking and Carbon Neutrality, covering two stages of Carbon Dioxide Peaking and Carbon Neutrality. While the Action Plan is the overall deployment of the Carbon Peaking phase. It aligns with the Opinion in terms of objectives, principles and directions, but focuses more on the Carbon Peaking target by 2030, with more detailed and practicable indicators and tasks. The Action Plan lists the “Top Ten Actions to Achieve Carbon Peaking”, which is the core part of the Program.
1.Energy Green and Low-Carbon Transition Action
2.Energy-Saving, Carbon Reduction and Efficiency-increasing Action
3.Industrial Carbon Peaking Action
4.Urban and Rural Construction Carbon Peaking Action
5.Green and Low-Carbon Transportation Action
6.Circular Economy to Boost Carbon Reduction Action
7.Green and Low-Carbon Technology Innovation Action
8.Carbon Sink Capacity Consolidation and Enhancement Action
9.Green and Low-Carbon Action for All
10.Orderly Carbon Peaking Action in Each Region
Ten actions are ranked per their contribution to achieving carbon peaking, i.e. the most important actions are energy low-carbonization, energy conservation, and industrial structure adjustment sequentially.
In terms of safeguard measures, the plan proposes to establish a unified and standardized carbon emission accounting system, build a tax policy system in favor of green and low-carbon development, improve the green electricity pricing policy and build a national energy quota trading market.
最新国家法律法规 New Regulations
Ministry of Ecology and Environment: Notice on Carrying out Pilot Carbon Emission Assessment in the Planning Environmental Impact Assessment (EIA) of Industrial Parks
To implement the requirements of the “Work Plan for Collaborative Promotion of Carbon Emission Reduction in the Field of Environmental Impact Assessment and Pollutant Discharge Permit”, and explore the technical methods and work process to incorporate carbon emission assessment in the planning EIA of industrial parks, MEE selects a few industrial parks to pilot the carbon emission assessment in planning EIA process. The list of pilot industrial parks (the first batch) includes 7 national and provincial industrial parks including Jiangning Economic and Technological Development Zone, Changshu Economic and Technological Development Zone, Ningbo Petrochemical Economic and Technological Development Zone, located in Jiangsu, Zhejiang, Chongqing, Shanxi and Shaanxi Province respectively.
The Notice requires that the pilot projects should be completed by the end of November 2022.
Ministry of Ecology and Environment: Comprehensive Program to Combat Air Pollution in the Autumn and Winter of 2021-2022
Since 2017, MEE has been launched combating programs to tackle air pollution in autumn and winter for four consecutive years, covering “2+26” cities in Beijing-Tianjin-Hebei and surrounding areas, cities in the Fenwei Plain and the Yangtze River Delta. This is the fifth year that the air pollution combating Action Plan in autumn and winter has been implemented, which covers all the “2+26” cities in the Beijing-Tianjin-Hebei region and surrounding areas, and cities in the Fenwei Plain, with the addition of some cities in northern Hebei Province, northwestern Shanxi Province, eastern and southern Shandong Province, and southern Henan Province, but excludes the Yangtze River Delta region this year.
The main goal of the Plan is for each city is to reach the control target of PM2.5 concentration and heavy or above heavy polluted days (Annex 1) during the autumn and winter period (October 1, 2021 to March 31, 2022). On average, PM2.5 concentration in relevant cities in the tackling area will decrease by 4.0% year-on-year in autumn and winter from 2021 to 2022, and the number of days of heavy pollution will decrease by 2.0 days for each city.
The plan proposes 15 specific measures, whose main idea is to implement the general requirements for reducing pollution and carbon emission. The plan sets the main goals of reducing heavy polluted weather and PM2.5 concentration, focuses on the three key areas in industry, energy and transportation structure adjustment, and resolutely curbs the blind development of projects with high energy consumption and high emission.
立法草案 Policy Initiatives & Developments
Ministry of Ecology and Environment: Provisions on the Management of Lists of Key Pollution Discharge and Environmental Risk Control Units (Draft for Consultation)
The Provisions is revised on the basis of the original provisions on the administration of the list of key pollutant discharge units.
The new Provisions divides the management objects into two major categories: key pollution discharge and environmental risk control. The key pollution discharge units include air and water key pollution discharge units, and the environmental risk control units include Air, Water, Soil and Others four categories. The Provisions clarifies the types of pollutants screened by key pollutants, implements differentiated screening conditions, and specifically addresses the different screening and supervision requirements for key pollutants and key environmental risk control units in laws and regulations.
Ministry of Ecology and Environment: Notice on Carrying out the Management of Industrial Solid Waste Discharge Permits (Draft for Consultation)
为了统一规范工业固废纳入排污许可证的技术要求，环保部制定了固废技术规范，替代已发布的含有工业固废要求的45 个技术规范（见附表 1）中相关内容。
The newly revised “Law of the People’s Republic of China on the Prevention and Control of Solid Waste Pollution” clearly puts forward the requirement that “units producing industrial solid waste shall obtain a pollutant discharge permit.” In order to implement the legal requirements, the notice formulates the relevant management requirements, implementation procedures, as well as the focus of industrial solid waste incorporated in the pollutant discharge permit.
In order to unify the technical requirements for the incorporation of industrial solid waste in the pollutant discharge permit, the Ministry of Ecology and Environment has formulated the Technical Specification for Solid Waste to replace the relevant content in the 45 issued technical specifications (see Appendix 1) that contain industrial solid waste requirements.
According to the principle of smooth continuation, the units that have obtained the pollutant discharge permit before the notice is issued are not required to apply for change within the validity period of the PDP to increase the content of industrial solid waste, but to incorporate the content of industrial solid waste when applying for the continuation of period when the PDP expires or when applying for changes for other reasons.
Ministry of Ecology and Environment: Action Plan for New Pollutant Governance (Draft for Consultation)
New pollutants generally refer to newly discovered or concerned pollutants that have risks to the ecological environment or human health, which have not been incorporated into the management objectives, or that the existing management measures are not sufficient to effectively prevent and control their risks. This plan is prepared to clarify the objectives, specific tasks and measures for the treatment of new pollutants during and after the 14th Five-Year Plan period.
For new pollutants, the measures proposed in the plan include:
· Establish and improve the legislation system for chemical environmental risk management, and improve the environmental risk assessment and control system;
· Carry out environmental investigation and monitoring of new pollutants and environmental risk assessment, identify new pollutants subject to key control, and dynamically update the new pollutants subject to key control;
· Implement the full life cycle environmental risk management and control of new pollutants, including strictly control the source of products involving new pollutants, strengthen the control of production and utilization process, and strengthen the collaborative treatment of new pollutants in multiple environmental media such as atmosphere, water and soil.
The first version of the list of new pollutants subject to key control (2021 version) was released as an Annex. The first batch included 28 substances in three categories: antibiotics, PFOS, PFOA, formaldehyde and acetaldehyde.
Ministry of Ecology and Environment: Notice on Launching the Pilot Management Program of Pollutant Discharge Permits during Special Periods (Draft for Consultation)
The Notice puts emphasis on the early warning period of heavily polluted weather, the prohibition or restriction of pollutant discharge and related environmental management requirements stipulated by the state. The pilot program clearly incorporates emission reduction measures for special periods in the pollutant discharge permit, implements pollutant discharge requirements, establishes an environmental management accounting platform and a reporting system for special periods, and strengthens the supervision of PDP during special periods.
生态环境部：“十四五”环境影响评价与排污许可改革实施方案（征求意见稿）Ministry of Ecology and Environment: Implementation Plan for Environmental Impact Assessment and Pollutant Discharge Permit Reform in the 14th Five-Year Plan (Draft for Consultation)
During the “13th Five-Year Plan” period, EIA and pollutant discharge permit (PDP) systems promoted the reform of “Simplification and Decentralization”, strictly enforced ecological access control, and strengthened during and post-event supervision. The “14th Five-Year” EIA and PDP reform Plan will implement the tasks and objectives set by the “14th Five-Year” Ecology and Environment Protection Plan, promote the synergy of pollution reduction and carbon reduction, apply and improve the ecological environment zoning management oriented by “Ecological Protection Red Line, Environmental Quality Bottom Line, Resource Utilization Upper Limit and Ecological Environment Impact Access List”, and continuously improve the efficiency of EIA process in key fields and key industries.
最新地方性法规 Regional Updates
Guangdong Province: Supplementary Notice on the Reduction and Substitution of Volatile Organic Compounds (VOCs) Emissions in Construction Projects.
In combination with the “Notice of the Guangdong Provincial Department of Ecology and Environment on Effectively Conducting the Management of Total Volatile Organic Compounds Indicators for Construction Projects in Key Industries”(Yue Huan Fa2), the Notice supplements the relevant requirements for the replacement of total VOCs emissions in technical transformation or reconstruction and expansion projects, as well as the requirements for the identification of annual emissions due to unclear total VOCs emissions from original projects and illegal increase of production lines or production processes.
Shanghai Municipality: Regulations of Shanghai Municipality on Safe Production (2021 Revision)
The revision creates two chapters on risk prevention and control and social governance to strengthen the whole process of risk prevention and control, and to promote and protect the role of all social actors to participate in safety governance.
The revision responds to the changes in “Work Safety Law”, which requires enterprises to carry out safety risk grading and control according to the probability of production safety accidents and the severity of the consequences.
This revision also adds systems and specifications for key links such as hazardous operation management, change management, outsourcing management and major hazard source management. At the same time, the revision increases a number of administrative penalties, implements credit punishment and the double punishment system for entities and individuals, expands the connection of administrative and criminal procedures, introduces public interest litigation, and promotes the performance of responsibilities by legal means.
Zhejiang Province: Guiding Opinions on Deepening the Reform of the Environmental Impact Assessment System in the Yangtze River Delta Ecological and Green Integrated Development Demonstration Area (Trial)
The Opinions will be implemented in the Yangtze River Delta ecological and green integrated development demonstration area, including Qingpu District in Shanghai Municipality, Wujiang District of Suzhou Municipality in Jiangsu Province and Jiashan County of Jiaxing Municipality in Zhejiang Province, , which occupies 2,413 square kilometers of jurisdictional area.
The Guiding Opinions mainly includes 4 aspects and 14 specific measures. First, it strengthens the linkage between planning EIA and project EIA. Second, it implements the “Positive List” system of project EIA management. Third, it effectively conducts the overall transition between the environmental assessment system and relevant ecological environment systems. It proposes 3 measures, including exploring the modes of “joint handling of two certificates”, coordinating the implementation of carbon reduction objectives, and strengthening the application of “Ecological Protection Red Line, Environmental Quality Bottom Line, Resource Utilization Upper Limit and Ecological Environment Impact Access List”. Fourth, it strengthens environmental supervision during and after the construction of the project.
The Opinions will be implemented on November 15, 2021.
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