尼莫尼克-伊尔姆 EHSS法规月讯 2022年2月

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最新国家法律法规 New Regulations


Ministry of Industry and Information Technology: Management Measures On Chemical Park Construction Standards and Accreditation (Trial)

为贯彻落实《中共中央办公厅 国务院办公厅印发<关于全面加强危险化学品安全生产工作的意见>的通知》,工业和信息化部会同有关部门编制了《化工园区建设标准和认定管理办法(试行)》,旨在指导各地规范园区建设和认定管理,提升化工园区安全生产和绿色发展水平。



In Order to implement the “Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Comprehensively Strengthening the Safe Production of Hazardous Chemicals”, the Ministry of Industry and Information Technology and relevant departments has compiled the “Management Measures On Chemical Park Construction Standards and Accreditation (Trial),”aiming at instructing all localities to standardize the construction of parks and implement accreditation management, and improving the level of work safety and green development in chemical parks.

The document puts forward binding index requirements in terms of park establishment, management organization, park site selection, planning, safety and environmental protection, emergency rescue, etc., which are the basic requirements that provinces must meet when formulating detailed implementation rules. For provinces that have issued detailed implementation rules and announced the list of accredited chemical parks, all accredited chemical parks need to be reviewed in accordance with the “Measures”, and if any of them do not meet the requirements, they must rectify within a specified time limit. For chemical parks that have not passed the accreditation, the following two methods will be adopted: First, make rectifications within a time frame according to laws and regulations, improve supporting facilities, and eliminate hidden safety and environmental risks. During the rectification period, no new construction, reconstruction or expansion of chemical projects (except safety, environmental protection, energy saving and intelligent transformation projects) are allowed in the chemical park. If the requirements are still not met when the rectification period expires, the chemical park will be closed in accordance with laws and regulations. Second, directly shut down the park in accordance with laws and regulations. Facilities located in industrial parks with permit approval restriction or to be closed in accordance with regulations, will be impacted.



Provisions on Reporting and Investigation Handling for Special Equipment Accidents




With the development of the economy and society, as well as the changes in the situation, the old version of the Provisions has problems in the process of accident reporting, investigation and handling, such as too broad and general definitions on accidents, unclear accident information reporting requirements, and unclear accident investigation and handling procedures. While the new version of the Provisions is consistent with the higher-level law, adjustments have been made in the following aspects:

1.Special equipment accidents becomes more clear and concise. While the Provisions makes it clear that the unsafe state of the objects is caused by the damage or failure of the special equipment and its safety devices or accessories, and the unsafe behavior of the relevant personnel is caused by the operators’ violation of the relevant regulations of the special equipment. Meanwhile, the Provisions also cancels the accident link restriction and highlights the intrinsic safety of the equipment.

2.For some special equipment accidents that have no major social impact and no fatalities, the Market Supervision and Management Department can carry out independent accident investigations, and can entrust subordinates to carry out accident investigations if necessary, which further enhances the operability of accident investigations.



National Development and Reform Commission and other related departments: Guiding Opinions on Accelerating the Construction of Waste Materials Recycling System



In order to implement the national resolution on “strengthening the planning and construction of waste and used materials recycling facilities and improving the urban waste and old materials recycling and sorting system”, the National Development and Reform Commission, the Ministry of Commerce and other departments jointly issued the “Guiding Opinions on Accelerating the Construction of the Waste and Used Materials Recycling System” (Fa Gai Huan Zi [2022] No.109), which clarifies the direction and path for the construction of a waste material recycling system during the “14th Five-Year Plan” period.

The Opinion proposes that we facilitate the delivery and sale of waste materials by residents as the principle, and promote the professional recycling of waste materials and improve the construction of waste materials recovery network by means of information technology. The Opinion specifies that 60 large and medium-sized cities should take the lead in building a basically perfect recycling system for waste and used materials, and form a demonstration and leading effect for the whole country; It also proposes that we set the agglomeration development of renewable resources industry as an important task, and encourage key urban agglomerations such as Beijing-Tianjin-Hebei, Yangtze River Delta, Pearl River Delta, Chengdu-Chongqing, Central Plains, and Lanzhou-Xi’an to build regional industrial bases for the processing and utilization of renewable resources.


最新国家标准New National Standards

GB/T 30574-2021机械安全 安全防护的实施准则

GB/T 30574-2021 Safety Of Machinery——Implementation Criteria for Safeguarding


GB/T 10892-2021固定的空气压缩机 安全规则和操作规程

GB/T 10892-2021 Stationary Air Compressors-Safety Rules and Code of Practice


立法草案 Policy Initiatives & Developments


Emergency Management Department: Measures for the Administration of the List of Untrustworthy People with Serious Violations of Work Safety (Draft for Comments)



The Measures is applicable to mining, chemicals (including petrochemicals), medicine, hazardous chemicals, fireworks, oil exploration, metallurgy, non-ferrous metals, building materials, machinery, light industry, textile, tobacco, commerce & trade and other industries, and specify the list management of serious violations and dishonesty of relevant production and business units and their personnel undertaking safety evaluation, certification, inspection and testing work.

The Measures specifies the specific situations in the list, which are all cases of work safety accidents, violations of laws and regulations related to work safety, administrative penalties, and situations with bad nature and serious circumstances. It specifies that disciplinary measures will be imposed on the listed production and business operation units and relevant personnel, such as increasing the frequency of law-enforcement inspections, suspending project approvals, increasing relevant premiums, banning entries of industries or occupations, etc. in accordance with the relevant provisions of the basic list of national dishonesty disciplinary measures.



Emergency Management Department: Guidelines for Digital Construction of Dual Prevention Mechanisms for Hazardous Chemicals Enterprises (Trial) (Draft for Comments)



This Guidelines are applicable to hazardous chemical production enterprises, operation (with storage) enterprises, and chemical enterprises using hazardous chemicals for production that have obtained the permission of the emergency management department.

It clarifies that enterprises shall build an integrated dual prevention mechanism information system online and offline, including computer management terminal and mobile APP terminal, and the functions of the system shall meet the requirements of the “Data Exchange Specification”. The computer management terminal shall be equipped with functions including dynamic monitoring of the implementation of risk management and control measures, promotion of hidden danger investigation tasks, tracking and supervision of hidden danger investigation and governance, mechanism operation effect evaluation, automatic early warning of abnormal states, and assessment rewards and punishments; the mobile APP terminal shall be equipped with functions including hidden danger investigation tasks and early warning information reception, Real-time reporting of on-site hidden danger investigation and full tracking of hidden danger management.



Ministry of Ecology and Environment: Notice on Further Promoting Informatization of Environmental Management of Hazardous Waste (Consultation Paper)





The Notice requires that business units that generated hazardous wastes in the previous year amounted to 10 tons or more should establish an electronic management ledger for hazardous wastes; units that generate hazardous wastes should regularly declare the types, production volumes, flow direction, storage, disposal and other relevant information of hazardous wastes through the national information system in accordance with relevant national regulations.

The Notice plans to realize the unified management of hazardous waste transfer documents and implement paperless operation of applications for the inter-provincial transfer of hazardous waste.

The Notice requires hazardous waste management units to establish a hazardous waste management record book. The acceptance of hazardous waste in the business record book should be linked to the electronic transfer manifests of hazardous waste.

The Notice requires business units planning to export hazardous wastes to fill in the export information in the hazardous waste management plan through the national information system. For the exported hazardous waste, the export situation shall be truthfully declared via the national information system.


最新地方性法规 Regional Updates


Guangdong Province: Notice on Issuing the 2021 Carbon Emission Allowance Allocation Plan of Guangdong Province





In 2021, Guangdong province implements partial free and partial paid distribution of quotas. Among them, the proportion of free quotas for steel, petrochemical, cement, and paper-making enterprises with controlled emissions is 96%, the proportion of free quotas for aviation controlled enterprises is 100%, and the proportion of paid quotas for new project enterprises is 6%.

In 2021, the total amount of paid quotas issued will be controlled within 2.5 million tons in principle, and will be issued in the form of irregular bidding. The Guangdong Provincial Department of Ecology and Environment will entrust the bidding distribution platform to organize the payment of allowances through competitive bidding according to the operation of the carbon market.

In 2021, enterprises that use the National Chinese Certified Emission Reduction (CCER) or the Guangdong Provincial Carbon Pratt & Whitney Certified Emission Reductions (PHCER) to offset the actual carbon emissions should submit the application on the National Voluntary Emission Reduction Trading system and the Guangdong Provincial Carbon Inclusive Platform before June 10, 2022, and submit a written application to the Provincial Department of Ecology and Environment.

The Notice also publishes the “2021 Guangdong Provincial Emission Control Enterprise List”, “Guangdong Provincial New Project Enterprise List”, “2021 Guangdong Provincial Annual Emission Control Enterprise Quota Calculator” and “List of Power Enterprises Holding the Remaining Quota of Guangdong Carbon Market ( Excluded self-provided power plants)”, as appendices of this Notice.



Jiangau Province: Acceptance Specification on Full-Process Automation Control Transformation of Key Chemical Enterprises in Jiangsu Province (Trial)


江苏省要求所有列入《江苏省省安监局关于开展重点化工(危险化学品)企业本质安全诊断治理专项行动的通知》(苏安监 [2018] 87号)范围开展全流程自动化改造的企业及因停产等原因未开展全流程自动化改造的企业,均应依据本规范开展升级改造工作。


The Specification stipulates the key points, acceptance procedures and other requirements for the entire-process automatic control transformation of key chemical enterprises, which is applicable to the acceptance of the entire-process automatic control transformation for key chemical enterprises.

Jiangsu Province requires all enterprises that are listed in the “Notice of Jiangsu Provincial Safety Supervision Bureau on Carrying out Special Actions for Intrinsic Safety Diagnosis and Treatment of Key Chemical (Hazardous Chemicals) Enterprises” (Su An Jian [2018] No. 87) to carry out full-process automation transformation. Enterprises that have not carried out full-process automation transformation due to production suspension and other reasons should carry out upgrade and transformation work in accordance with this specification.

Key chemical enterprises are chemical and pharmaceutical production enterprises with the key supervised dangerous chemical processes.



Jiangsu Province: Implementation Plan for Centralized Management of Hazardous Chemical Safety Risks in Jiangsu Province


In order to implement the “National Hazardous Chemical Safety Risk Concentrated Management Plan” based on the actual safety management status of Jiangsu province, the province proposes a provincial implementation plan and proposes specific measures for 22 measures, including completing the compliance assessment of the safety risk level of 29 chemical parks (centralized) in the province, and promoting the parks so that the proportion of class D chemical parks (centralized) accounts for more than 50%. The Plan also urges enterprises to carry out safety assessments on environmental treatment facilities and projects, completes the rotation training of personnel responsible for major hazard source insurance, promotes the intelligent management platform in the (centralized) area of the Institute of chemical industry and promotes the registration system of new hazardous chemicals.



Shanghai: Notice on Further Strengthening the Environmental Management of By-Products of Key Enterprises

通知要求企业认真对照《固体废物污染环境防治法》《固体废物鉴别标准 通则》《国家危险废物名录》等要求,综合环评、排污许可以及企业实际经营情况等,对生产经营活动中产生的所有副产物开展自查,包括但不限于种类、数量、执行标准、流向、利用处置方式等情况,于2022年1月底前填报副产物排查整治情况报送表,经法定代表人或主要负责人签字并加盖公章后报送属地生态环境部门。

The Notice requires enterprises to comprehensively carry out self-inspection on all by-products produced in production and operation activities according to the “Law on Prevention and Control of Environmental Pollution by Solid Waste”, “General Principles of Solid Waste Identification Standards”, “National List of Hazardous Wastes”, including but not limited to the types, quantities, implementation standards, flow direction, utilization and disposal methods, etc., and to fill in the by-product inspection and rectification report form before the end of January 2022, which shall be signed by the legal representative or the main person in charge. The report needs to be stamped the official seal, and be submitted to the local ecology and environment department.

本法规月刊是由伊尔姆环境资源管理咨询(上海)有限公司(ERM)、Nimonik 安纬同(上海)管理咨询有限公司(Nimonik)与大成律师事务所上海分所(Dentons Shanghai)联合制作。我们在确保其内容准确无误的同时,不对其任何可能的错误或疏忽承担责任。本刊中的内容不可作为法律依据,亦不可视为对个案的释义。因参考本刊物内容导致的任何损失,ERM, Nimonik 与大成律师事务所将不承担任何责任。如需寻求专业意见,请咨询有关专业顾问。

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