本期要闻 Highlights of the Month
Ministry of Ecology and Environment: Environmental Impact Assessment and Pollution Permit System Implementation Plan during “14th Five-Year Plan
During the “13th Five-Year Plan” period, EIA’s reforms has been launched to fulfill “delegate power, streamline administration and optimize government services”. A number of administrative permitting processes were cancelled, including environmental protection completion acceptance approval and EIA consulting firm qualification system. The registration form was changed from approval to online filing. EIA system focused on key industries, optimizing processes, and improving efficacy. During the “14th Five-Year Plan” period, the Implementation Plan clearly stipulates to deepen the reform of the EIA system and optimize project life cycle environmental management, to streamline environmental permitting system from environment zoning control, planning EIA, project EIA, to pollutant discharge permit (PDP) system, and clearly defines their functional positioning, responsibility and relationships to avoid duplicated assessment. In addition, carbon assessment will be integrated into EIA system gradually after the pilot program.
According to the plan, during the “14th Five-Year Plan” period, PDP system will be consolidated and expanded to fully cover pollution sources and fully link with EIA system to promote “one permit” supervision. PDP system will be further integrated with EIA system in terms of management objects, contents and mechanisms, as well as to link with mass loading quota system and environmental statistics system. Pollutant discharge reduction requirements will be included in PDP, with PDP implementation report being main data inputs for environmental statistics.
At the same time, the Implementation Plan aims to establish a stationary pollution source enforcement and supervision system with PDP as a core element and the main basis for daily enforcement and supervision.
最新国家法律法规 New Regulations
Work Safety Committee of the State Council: National work safety Plan during the “14th Five-Year” Period
Work Safety Committee of the State Council recently issued the “14th Five-Year Plan” for national work safety work, which sets the long term goals, i.e. stabilizing and improving the work safety situation by 2025, and basically realizing the modernization of the work safety governance system and governance capacity by 2035, and defines the 6 specific indicators to be achieved during the “14th Five-Year Plan” period.
According to the deployment of the national “14th Five-Year special planning work and the “1+2+N” planning layout for emergency management, (“1” represents the “The Plan for National Emergency Response System During the “14th Five-Year Plan”Period” , which is the top plan in emergency management; “2” represents 2 plans including a work safety plan and a comprehensive disaster prevention and mitigation plan; and N represents numerous plans on different aspects, e.g. fire protection, mining safety, earthquake prevention and disaster mitigation, equipment development, and emergency force capacity building), this Plan is developed for work safety and emergency management work during the “14th Five-Year Plan”Period”.
The plan puts forward 7 major tasks, including tighten the network of responsibility for risk prevention and control, optimize the rule and order in production safety, build a strong safety risk prevention and control barrier, prevent and curb the occurrence of major accidents, strengthen the effectiveness of emergency rescue and disposal, coordinate production safety support and build a social co-governance security pattern, supported by 6 major projects, comprising major safety risk governance projects, supervision and enforcement capacity building projects, risk monitoring and early warning projects, rescue and disposal capacity building projects, scientific and technological innovation capacity building projects, and work safety education and training projects.
The Plan proposes the mechanism and safeguard measures for the implementation of the plan in four aspects: clarifying the task breakdown, reinforcing the policy support, promoting pilot and demonstrations, and strengthening supervision and evaluation.
Ministry of Ecology and Environment: Guidelines on Strengthening the Enforcement and Supervision of Pollutant Discharge Permits (PDP)
The Guidelines proposes that by the end of 2023, checklist-based PDP enforcement inspections will be applied to the key industries. By the end of 2025, the checklist-based enforcement and inspection will be applied to all industries, and enforcement and supervision system on stationary pollution sources shall be fully established with PDP system as core.
Checklist-based enforcement inspections focus on the itemized requirements in the PDP, emphasizing the implementation of the requirements in PDP, e.g. standardized construction of discharge outlets, pollutant discharge concentration and quantity, operation and maintenance of pollution prevention and control facilities, and fugitive emission control; also checking and verifying the authenticity of environmental recordkeeping, PDP implementation reports, self-monitoring data, and information disclosure content.
The PDP enforcement and supervision will be incorporated into the annual on-site inspection plan. The Guidelines also proposes to establish and improve off-site enforcement and supervision mechanisms and promote remote verification and video surveillance.
最新地方性法规 Regional Updates
GB/T 41394-2022 Functional Safety Requirements of Overfill Prevention Systems on Explosive Dangerous Chemical
GB/T 13861-2022 Classification and Code for the Hazardous and Harmful Factors in Process
AQ/T 3033-2022 Safety Design Management Guidelines for Chemical Construction Projects
立法草案 Policy Initiatives & Developments
Emergency Management Department: General Rules for Designing the Production Facilities in Accordance With Safety Guard Requirements (Consultation Paper)
国家标准《生产设备安全卫生设计总则》（GB 5083-1985）于 1985年首次发布，1999 年完成第一次修订，本次修订为第二次修订。
The national standard “General Rules for Designing the Production Facilities in Accordance With Safety and Health Requirements” (GB 5083-1985) was first published in 1985, first revised in 1999, and this is second revision.
This revision deletes the content related to occupational health, but retains the content related to acute poisoning; it adds the content related to the work safety of environmental protection facilities, as well as intellectualization, remote control, and failure analysis of production equipment based on risk assessment.
最新地方性法规 Regional Updates
Guangdong Province: Notice on Issuing the Environmental Emergency Response Plans (ERP) in Guangdong Province
The new ERP is revised based on 2017 version, which is applicable to the environmental emergencies response within the administrative region of Guangdong Province.
The revision reflects the changes in the environmental emergency command system and the emergency responsibilities undertaken by relevant departments after the institutional reform; secondly, it corresponds to the newly released “Overall Emergency Response Plan in Guangdong Province”(Yue Fu Han  109). The environmental emergency response at the provincial level is divided into four levels from high to low, with the corresponding activation procedures, implementation subjects and main measures of emergency response at different levels while the mechanism for escalation response has been further improved.
Jiangsu Province: The Regulations of Jiangsu Province on Soil Pollution Prevention and Control
Following the “Air Pollution Prevention and Control Regulation” and the “Water Pollution Prevention and Control Regulation”, Jiangsu Province has formulated the “Soil Pollution Prevention and Control Regulation”, forming legislation framework for the prevention and control of air, water and soil pollution. The Regulations requires that the prevention and control of air pollution, water pollution, and solid waste pollution should be coordinated with soil pollution prevention and control to promote integrated prevention and control to achieve source prevention. The Regulations specifically stipulates the following aspects:
1. Strengthen the management of key soil pollution entities subject to supervision.
2. Strengthen preventive measures at the source of agricultural inputs.
3. Strengthen the supervision on the use and recycling of plastic dustproof nets on construction sites.
4. Strengthen the supervision of the demolition activities of closed, relocated chemical facilities.
5. Encourage enterprises to proactively conduct investigations and retain soil samples.
6. Prevent secondary pollution caused by contamination remedation activities.
Zhejiang Province: Implementation Plan for the Reform of the Environmental Information Disclosure System in Zhejiang Province
The Implementation plan is formulated in accordance with the national “Plan for the Reform of Environmental Information Disclosure System (EID)”, and the “Measures for the Administration of Environmental Information Disclosure by Enterprises”, taking the actual situation of Zhejiang Province into consideration.
The plan proposes that by 2022, the EID system in Zhejiang Province will be basically established, and networked with cities; By 2023, the EID system reform will be progressed and evaluated in accordance with national requirements; By 2025, EID system will be basically in place, where enterprises are able to disclose environmental information on time and truthfully, where a multi-party collaboration and co-management mechanism will operate effectively, with strict supervision and penalty implied, and supported with strong technical specification system to significantly increase the public participation.
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