本期要闻 Highlights of the Month
Plan on Centralized Management of National Hazardous Chemical Safety Risks
Hazardous chemicals are used in a wide range of industries and have high safety risks. To effectively prevent and resolve significant safety risks of hazardous chemicals, and to eliminate potential safety hazards at the sources, the Work Safety Committee of the State Council has formulated the Plan on Centralized Management of National Hazardous Chemical Safety Risks, which was officially published on December 31, 2021. The outstanding problems of key governance are summarized as follows. Each enterprise should follow the governance action plan issued by the local government, formulate a rectification plan, complete the rectification by the end of November 2022, and complete the summary and acceptance check by the end of January 2023.
Reference Regulations and Standards
Investment on Safety Facilities
Chemical enterprises involving “Two Key-Supervised and One Major” Installation.
Usage of leak detection alarm, emergency shutdown, automatic control, and safety instrumented system;
Function failure of automatic fire protection facilities and aging of the infrastructure equipment and pipelines.
Key Supervised Hazardous Chemical Process
Key Supervised Hazardous Chemicals
Identification of Major Hazard Installations for Hazardous Chemicals (GB 18218-2018)
Maintenance Management for Building Fire Equipment (GB25201-2010)
Risk management of production and storage of hazardous chemicals
Hazardous chemical production and storage enterprises
Engaging in production and storage activities but not in the certificated chemical park;
Poor planning for chemical tank farms, unpermitted licensed storage, the storage volume exceeding the permitted range, storage in parallel with construction, and insufficient safety and fire facilities.
Regulations for the Control on the Safety of Hazardous Chemicals (2013)
Safety Supervision and Management Methods for Hazardous Chemical Construction Projects (2015)
Safety Production Responsibility
The main responsibilities for safety production and fire safety are not implemented;
On-duty personnel in the fire control room without the qualification certificate of automatic fire-fighting facilities operation and etc.
Law of the People’s Republic of China on Work Safety (2021)
2).《消防控制室通用技术要求 GB 25506-2010》
General Technical Requirements for Fire Control Center (GB 25506-2010)
Risk management of production and storage of hazardous chemicals
Hazardous chemical production and storage enterprises
Fine chemical companies have not conducted process hazards analysis as required;
Hazardous chemical production enterprises have not conducted the safety risk assessment for old equipment.
Instructions of State Administration of Work Safety on Strengthening the Safety Risk Assessment of Fine Chemical Engineering Reaction (Safety Supervision Administration No. 3  No.1)
Guidelines for Safety Risk Assessment of Fine Chemical Engineering Reactions (Trial)
Guidelines for Safety Risk Assessment of Old Equipment in Enterprises Using Hazardous Chemicals (Draft for Comment)
|危化品登记Registration of Hazardous Chemicals||需要进行危化品登记的企业Enterprises that need to register hazardous chemicals||没有严格执行危险化学品登记。
No strict enforcement of hazardous chemical registration.
Hazardous Chemical Registration Management Methods (2012)
No timely waste identifications and no voluntary declaration;
Illegal transfer, dumping, disposal and etc.;
No safety assessment was conducted for storage and disposal facilities.
|1).《中华人民共和国固体废物污染环境防治法 (2020) 》
Solid Waste Pollution Prevention and Control Law (2020 Revision)
Identification Standards for Hazardous Waste, etc.
最新国家法律法规 New Regulations
National People’s Congress Standing Committee: Law of the People’s Republic of China on the Prevention and Control of Noise Pollution
On December 24, 2021, the Standing Committee of the 13th National People’s Congress passed the Law of the People’s Republic of China on the Prevention and Control of Noise Pollution, which will come into force on June 5, 2022. Meanwhile, Law of the People’s Republic of China on Prevention and Control of Pollution from Environmental Noise will be repealed.
The new law adjusts the objects of pollution prevention and control, expands the applicable scope of industrial noise, which means that industrial noise is no longer limited to the noise generated from the fixed equipment, but include ”generation of noise without taking prevention and control measures according to law” that impacts others’ normal life, work and study into noise pollution. Corresponding clauses have been added for industrial noise, construction noise, traffic noise and community noise.
Ministry of Ecology and Environment: Administrative Measures for Legal Disclosure of Enterprise Environmental Information
The Measures is formulated to implement the Plan for the Reform of the Legal Disclosure System of Environmental Information and improve the legal disclosure system for enterprise environmental information. Once it comes into force, it will replace the Measures on Environmental Information Disclosure for Enterprises and Public Institutions (the Ministry of Environmental Protection Order No.31 ). The Measures stipulates the basic content such as environmental information disclosure subjects, disclosure content and time limit, and supervision and management.
The Measures stipulates that the main disclosure subjects are key pollutant discharge units, enterprises implementing mandatory clean production audits, listed companies and bond-issuing enterprises that meet the prescribed conditions and other subjects. Those disclosure subjects are required to compile and upload the annual environmental information legal disclosure report and the temporary environmental information legal disclosure report respectively to the enterprise environmental information legal disclosure system in accordance with the Format Guidelines for Legal Disclosure of Enterprise Environmental Information within a specified time limit.
For the environmental information that needs to be disclosed, on the basis of the content required by the Measures on Environmental Information Disclosure for Enterprises and Public Institutions, the Measures adds the content of information on environmental protection tax, environmental pollution liability insurance, environmental protection credit evaluation, as well as carbon emission information and ecological environment violation information.
Ministry of Ecology and Environment: Notice on Carrying out the Management of Industrial Solid Waste Pollution Discharge Permits
The Notice is implemented in conjunction with the recently issued Technical Specification for Application and Issuance of Pollutant Permit—Industrial Solid Waste (on trial) (HJ1200—2021), and promotes the “One-License” supervision of multiple environmental elements of fixed pollution source pollution discharge permits.
For the current status of the pollutant discharge permit application, the Notice clarifies the industrial solid wastes integrated into pollutant discharge permits in terms of relevant management requirements, implementation scope and steps, and the key concerned points, and etc.
Ministry of Ecology and Environment: Hazardous Waste Exclusion Management List (2021 Edition)
In order to implement the hierarchical and classified management regulations in Solid Waste Pollution Prevention and Control Law, deepen the reform requirements of “administration and delegate power streamline, regulation improvement, and services upgrade”, and reduce the operating costs of enterprises, the Hazardous Waste Exclusion Management List is issued to clarify the attributes of specific types of solid waste.
The solid wastes listed in the List generally do not have hazardous properties and the environmental risks are controllable after identification, so they are not classified as hazardous wastes, and will be managed in accordance with the relevant system requirements of general industrial solid wastes, such as hot-dip galvanizing dross and zinc bottom dross are generated from metal surface treatment and heat treatment.
Ministry of Ecology and Environment: Guidelines for the Formulation of General Industrial Solid Waste Management Ledgers (Trial)
The Guidelines is a supporting document for the requirements to establish the industrial solid waste management ledger specified in Article 36 of Law of the Solid Waste Pollution Prevention and Control Law. It regulates to develop general industrial solid waste management ledger.
The Guidelines requires enterprises to clarify the responsibilities of each department and responsible personnel for solid waste management, and to set up a designated person to be responsible for the management and filing of the ledger, and the ledger should be kept for no less than 5 years. For the implementation of hierarchical management of the management ledger, Appendix 1 to Appendix 3 in the Guidelines are required information (which all waste-producing units should fill in), and Appendix 4 to Appendix 7 are optional information (which shall be filled in according to local and enterprise management needs).
最新国家标准New National Standards
HJ 407-2021 Technical Specifications for Acceptance of Environmental Protection Facilities for Completed Construction Projects —— Automotive Industry
HJ 1204-2021 Self-Monitoring Technology Guidelines for Pollution Sources——Battery Industry
HJ 1205-2021 Self-Monitoring Technology Guidelines for Pollution Sources—Solid Waste Incineration
HJ 1206-2021 Self-Monitoring Technology Guidelines for Pollution Sources—Wood-Based Panel Industry
HJ 1207-2021 Self-Monitoring Technology Guidelines for Pollution Sources— Rubber and Plastic Products Industry
HJ 1208-2021 Self-Monitoring Technology Guidelines for Pollution Sources—Non-Ferrous Metal Metallurgy Industry—Secondary Non-Ferrous Metal
TSG 91-2021 Regulation on Energy Conservation and Environmental Protection Technology for Boiler
立法草案 Policy Initiatives & Developments
Emergency Management Department: Guidelines for Safety Risk Prevention and Control of Hazardous Chemical Production and Construction Projects (Trial) (Draft for Comments)
The Guidelines includes 10 chapters: basic requirements, project safety access risk prevention and control, project safety condition review risk prevention and control, project safety facility design review risk prevention and control, project safety facility construction risk prevention and control, project trial production risk prevention and control and project safety facility completion acceptance risk prevention and control, aiming at strengthening source control and intrinsic safety design, clarifying the safety risks and control measures in the access, safety review, construction, trial production, completion acceptance and other links of hazardous chemical production and construction projects.
The Guidelines is applicable to the new construction, reconstruction and expansion of hazardous chemicals construction projects, which should be obtained the hazardous chemical production permit or hazardous chemical usage permit as legally required.
最新地方性法规 Regional Updates
Fujian Province: Provisions of Fujian Province on the Application and Management of Environmental Informatization of Solid Waste
The Provisions requires that industrial solid waste generating units shall truthfully upload records to the Fujian Provincial Solid Waste Environmental Information Supervision System on a quarterly basis to record the type, production volume, Information on whereabouts, storage, utilization, disposal and other information before the 10th of the first month of each quarter, and shall establish electronic ledgers for solid waste management.
Hazardous waste generation, collection, utilization and disposal units shall complete the online application and fill the current year’s hazardous waste management plan before the end of January each year.
Shandong Province: Shandong Work Safety Regulations (2021 Revision)
The new Regulations requires units to set up safety directors and work safety committees according to the type and employee number of enterprises, besides setting up work safety management institutions or work safety management personnel; Dust explosion and ammonia related refrigeration units are also listed in high-risk production and operation units, which are required to establish and implement the on-site shift system of the person in charge of the unit.
The new Regulations adds and refines the production and business operation units’ safety management responsibilities of their resident cooperation units in the production region.
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