Registration Of Hazardous Chemicals And Environmental Management Procedures (Trial Implementation)

Original Language Title: 危险化学品环境管理登记办法(试行)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201301/20130100380143.shtml

Registration of hazardous chemicals and environmental management procedures (trial implementation)

    (Released October 10, 2012, Ministry of environmental protection, the 22nd since March 1, 2013) directory

Chapter I General provisions

Chapter II registration of environmental management

Chapter III import and export registration of environmental management

Supervision and administration of the fourth chapter

The fifth chapter legal liability

    The sixth chapter supplementary articles

    Chapter I General provisions

    First to strengthen the environmental management of hazardous chemicals, prevention and risk reduction of chemicals on the environment and human health hazards, prevent environmental risks, compliance with international covenants, under the People's Republic of China environmental protection law, regulations on the safety management of dangerous chemicals and other laws and regulations, these measures are formulated.

Article this regulation is applicable in the People's Republic of China territory of production of dangerous chemicals and the use of hazardous chemicals in production (hereinafter "the dangerous chemical in use") as well as the export and import of dangerous chemicals activities.

    Hazardous chemicals in these measures refers to the provisions of the regulations on the safety management of dangerous chemicals for inclusion in the list of dangerous chemicals toxic chemicals and other chemicals.

    Article State Council Environmental Protection Department under the dangerous chemicals harm characteristics and the degree of environmental risk, identification of key environmental management of hazardous chemicals, designed and published the catalogue of priority environmental management of hazardous chemicals, and adjust.

Article fourth environmental protection Department under the State Council is responsible for organizing a nationwide registration of environmental management and supervision and management of hazardous chemicals.

Local environmental protection departments at and above the county level shall be responsible for the registration of environmental management of hazardous chemicals in their administrative areas.

    Environmental protection departments above the county level can delegate their respective institutions engaging in environmental management of chemicals, specific environmental management registration of hazardous chemicals. Fifth article of any unit and individual have the right to report the acts in violation of these rules.

    Environmental Protection Department upon receipt of the report shall be promptly dealt with according to law; the complaint does not fall within the mandate of the Department, should be transferred to relevant departments according to law in a timely manner.

    Chapter II registration of environmental management

Sixth of dangerous chemical production enterprise, shall, in accordance with the regulations, apply for the registration of environmental management of hazardous chemicals, receiving hazardous chemicals production using environmental management registration certificates (hereinafter "the register").

    New construction, renovation or expansion projects used in the production of dangerous chemicals should be used in handling dangerous chemicals production before the completion and delivery of construction project registration of environmental management.

    Seventh key environmental management of hazardous chemicals in the production registration certificate, issued by the provincial environmental protection authorities; other dangerous chemicals production using registration certificate, issued by the District of the municipal environmental protection department.

Eighth production using the registration of environmental management of hazardous chemicals in accordance with the following procedures:

(A) the dangerous chemical production enterprise to the County Environmental Protection Department of environmental management registration materials used in the production of dangerous chemicals;

(B) the County Environmental Protection Department upon receipt of the submitted application materials used in the production, within five business days for approval; meets the requirements, set the application area of the municipal environmental protection authorities; (C) District of the municipal environmental protection department upon receipt of the county-level departments in charge of environmental protection material, audit within 15 working days, meet the requirements, issuance of registration certificates used in the production. Focus on the application of environmental management registration certificates used in the production of dangerous chemicals, district of the municipal environmental protection department shall, upon receipt of the application materials organized on-site verification and pre view up to five working days, the provincial environmental protection authorities.

Site verification during the pre-trial period is not calculated; (D) the provincial environmental protection authorities received the district's municipal departments in charge of environmental protection material and the views, organized experts to carry out technical reviews qualify, register to issue within ten working days.

Technical review of the time do not calculate the approval period.

District of the municipal environmental protection department or production registration certificate issued by the provincial environmental protection authorities, should be referred to the County Environmental Protection Department issued to the enterprise in a timely manner.

    Enterprises producing key environmental management of hazardous chemicals and other hazardous chemicals, emphasis should be in accordance with the application for registration of environmental management of hazardous chemicals in the production procedures.

Nineth application for hazardous chemicals used in the production of dangerous chemicals production using environmental management registration, the following documents shall be submitted and be responsible for the authenticity, accuracy and completeness of the material:

(A) hazardous chemicals production using the application form for registration of environmental management, including enterprise's basic situation surrounding environmentally sensitive areas, production and use of hazardous chemicals, number, label, classification of hazardous characteristics, purpose, manner, technical manual on chemical safety, environmental risk prevention and control measures, characteristics of chemical pollutants emission, waste disposal of dangerous chemicals;

(B) environmental impact assessment document approval;

(C) the emergency response plan for environmental emergencies;

(D) the Enterprise Monitor, or entrust the competent Department of environmental protection-environmental monitoring agency or designated by the provincial environmental protection authorities monitoring environmental monitoring reports from agencies.

    Before the implementation of these measures has been to build application for hazardous chemicals used in the production of dangerous chemicals production using environmental management registration, should also be submitted to the environmental protection completion acceptance decisions, permits and Enterprise clean production, and other related materials.

    Tenth article focused on environmental management of dangerous chemical production enterprise, focused environmental management of hazardous chemicals and environmental risk assessment should be conducted, entrust the competent institutions the preparation of environmental risk assessment report, and in applying for hazardous chemical production submitted on the use of environmental management registration. 11th key environmental management environmental risk assessment of hazardous chemicals should be in accordance with the provisions of the Environmental Protection Department under the State Council, focused on environmental management of hazardous chemicals in the environment risk and its prevention assessment and control measures for, and assessment conclusions, clear corporate environmental risk regulation rating.

Preparation of the body responsible for assessment.

Environmental Protection Department under the State Council can recommend preferred to engage in focused environmental management of hazardous chemicals and environmental risk assessment report prepared by the agencies and to the public.

    Focus on environmental management of hazardous chemicals and environmental risk assessment report prepared by the staff, above shall be subject to the provincial environmental protection Department organized special training and pass the examination.

12th production register shall set forth the company's basic information, varieties, production and use of hazardous chemicals, and environmental management requirements, and so on.

Register of production includes the original and the copy, copy of the original and has the same legal effect. Dangerous chemicals production using the register of enterprises shall, in accordance with production requirements, the production of hazardous chemicals.

    Forgery, alteration, transfer production registration certificate.

13th production using a registration certificate is valid for three years.

    Register of production within the validity period, production registration certificate specified is changed, and hold a register of dangerous chemical production enterprise shall, from the date of change in accordance with the provisions of the present article eighth in the 30th to submit the change documentation to apply for alteration registration.

    14th production using the expiry of the current registration certificate, continue to engage in activities of production and use of hazardous chemicals, shall, before the expiry of three months in accordance with chapter II of this approach with regard to applying for hazardous chemical production using environmental management registration requirements apply for recertification.

    15th Enterprise finds hazardous chemicals used in the production of dangerous chemicals when there is a new hazard, shall promptly report to the competent Department of environmental protection.

    Chapter III import and export registration of environmental management

    16th article import and export in China strictly restrict the import and export of hazardous chemicals list of hazardous chemicals, the Enterprise shall prior to the Environmental Protection Department to handle dangerous chemicals import and export registration of environmental management, with related documents to the customs formalities.

Article 17th when registration of application for import and export of hazardous chemicals and environmental management, the following documents shall be submitted and be responsible for the authenticity, accuracy and completeness of the material:

(A) environmental management application form for registration of import and export of hazardous chemicals;

(B) copy of business license;

(C) the proof of import and export qualification of enterprises;

(Iv) import and export contracts;

(E) the import and export of dangerous chemicals in domestic production using the production use of registration certificate;

(Vi) the import and export of dangerous chemicals in domestic purchase and sales contracts;

    (VII) other materials prescribed by the environmental protection departments of the State Council.

18th the Environmental Protection Department commissioned contractors engaged in environmental management of chemicals of its import and export registration of environmental management of hazardous chemicals and the specific work.

Apply for registration of environmental management of hazardous chemicals and export enterprises, shall be filed with the competent Department of environmental protection under the State Council bodies engaged in environmental management of chemicals registration application.

Environmental Protection Department under the State Council is a member of institutions engaged in environmental management of chemicals since accepting an application for registration within five working days from the date of preliminary review opinions, submitted to the State Council in conjunction with enterprise application materials submitted by the competent Department of environmental protection. Environmental Protection Department under the State Council, within the 15 working days whether or not to grant registration decisions.

    Is not granted, it shall explain the reasons.

    19th Environmental Protection Department under the State Council in handling dangerous chemicals environmental management registration, in accordance with the Convention on the international trade of certain hazardous chemicals and pesticides the Rotterdam Convention on the prior informed consent procedure and the Stockholm Convention on persistent organic pollutants, such as the requirements of international conventions, implementation of the prior informed consent Convention obligations.

    Supervision and administration of the fourth chapter

Register of 20th has been made in the production of key environmental management of dangerous chemical production enterprise, should be before January 31 of each year, filled to the county environmental protection authorities focused on environmental management of hazardous chemical release and transfer reports, environmental risk prevention management plan.
Focus on environmental management of hazardous chemical release and transfer reports should include a focused environmental management of hazardous chemicals and their characteristics of pollutants to the environment, disposal and recycling, and related data, and so on.

Environmental risk prevention management plan should include reducing the focus on environmental management of hazardous chemicals and their major characteristics of pollutants emission process adjustment measures, pollution prevention plans, environmental risk prevention and control measures, capacity-building programmes, and so on.

    21st article focus environment management dangerous chemicals production using Enterprise, should according to environmental protection competent sector of requirements and national environment monitoring technology specification and the related standard, on production using process in the produced of focus environment management dangerous chemicals and features pollutants of emissions situation for monitoring; not has itself monitoring capacity of, can delegate environmental protection competent sector belongs of environment monitoring institutions or by provincial environmental protection competent sector finds of environment monitoring institutions implementation monitoring.

    22nd article dangerous chemicals production using enterprise should Yu annual January released dangerous chemicals environment management annual report, to public announced Shang a annual production using of dangerous chemicals varieties, and against characteristics, and related pollutants emissions and the accident information, and pollution control measures, situation; focus environment management dangerous chemicals production using enterprise also should announced focus environment management dangerous chemicals and features pollutants of release and transfer information and monitoring results.

23rd Enterprise shall set up hazardous chemicals used in the production of dangerous chemicals account recorded varieties, production and use of hazardous chemicals, movements, supply sources and other information, as well as pollutant emissions, environmental monitoring, environmental management information file, and long-term preservation.

    Focus on environmental management of dangerous chemical production enterprise shall be in accordance with the requirements of environmental risk assessment, regular self-examination of the environmental risks of the enterprise; find problems, correct it and save a self-examination record.

Article 24th dangerous chemicals in environmental protection departments above the county level shall supervise the implementation of environmental management of production enterprise inspection and supervisory monitoring.

    Supervision and inspection of dangerous chemical production enterprise, should include a register of production as set out in the environmental management requirements the implementation's preventive measures, environmental risk assessment report implementation, focused environmental management of hazardous chemical releases and transfers, environmental risk prevention and control implementation of the management plans, environmental monitoring, and so on.

25th when conducting supervision and inspection of environmental protection authorities, may, in accordance with the provisions of the regulations on the safety management of dangerous chemicals article seventh, take the following measures:

(A) to enter workplaces to conduct inspections of hazardous chemicals, to units and personnel information, consult and copy relevant documents and materials;

(B) environmental accidents of hazardous chemicals shall be ordered to immediately remove or eliminate the time limit;

(C) it does not meet environmental protection laws, administrative regulations, rules or standards of facilities, equipment, installations, equipment, means of transport, shall be ordered to immediately stop using;

(D) approved by the Chief of the Department seized in violation of environmental protection laws, regulations, sites of production and use of hazardous chemicals, and seizure violations of environmental protection laws, regulations, production and use of hazardous chemicals, as well as for violations of environmental protection laws and regulations, the use of dangerous chemicals in raw materials, equipment;

(V) found effects of hazardous chemicals and environmental safety violations on the spot correction or rectification.

    Environmental protection authorities conduct supervision and inspection, supervisory and inspective personnel shall be not less than two, shall show their certificates for law enforcement; the units and individuals on supervision and inspection in accordance with law, shall cooperate and shall not refuse or block.

26th environmental protection departments at the county level shall before the end of February in each year of the bundled this register of administrative region issued release and transfer data and focused environmental management of hazardous chemicals, and escalation to the provincial environmental protection authorities.

The provincial environmental protection department by March 31 of each year a summary report to the Environmental Protection Department, and published last year in the administrative area of production has been made using the list of dangerous chemical production enterprise registration certificate.

    Environmental Protection Department under the State Council shall publicize the hazardous chemicals import and export registration of environmental management, and to report regularly to the provincial environmental protection authorities.

    27th Environmental Protection Department under the State Council to establish a national environmental management information system of dangerous chemicals, and can delegate their respective institutions engaging in environmental management of chemicals, summary and analysis of national environmental management of hazardous chemicals registration and key information about environmental management of hazardous chemicals released and transferred.

    28th superior environmental protection authority to subordinate environmental protection authorities supervise and inspect the registration of environmental management of hazardous chemicals; problems found, in accordance with law, investigate, verify and process in a timely manner.

29th environmental protection departments above the county level shall be announced to the public in time for dangerous chemicals production, import and export enterprises will be punished.

    Law in serious production use, import and export of hazardous chemicals enterprises, environmental protection departments may not be issued emission permits, no environmental protection verification by listed companies, and to inform the relevant financial and securities regulatory agencies.

    The fifth chapter legal liability

30th of dangerous chemical production enterprise, is not in accordance with the provisions of dangerous chemical production and use of this approach for registration of environmental management and engaged in the activities of production and use of hazardous chemicals, by environmental protection departments above the county level shall order correction, fines of between 10,000 yuan; it refuses, a fine of between 10,000 yuan and 30,000 yuan.

Focus on environmental management of dangerous chemical production enterprise, provisions that are not in accordance with this approach production using the registration of environmental management of hazardous chemicals and hazardous chemical production activities, or not in accordance with these regulations a report release information management plans or environmental risk prevention and control with metastasis, by environmental protection departments above the county level in accordance with the regulations on the safety management of dangerous chemicals 81st article of provisions.

Import and export of hazardous chemicals enterprises, is not in accordance with the provisions of import and export of hazardous chemicals in these measures for registration of environmental management and engaged in the import and export of hazardous chemicals, by environmental protection departments above the county level shall order correction, fines of between 10,000 yuan; it refuses, a fine of between 10,000 yuan and 30,000 yuan in serious cases, environmental protection departments of the State Council three years no longer accepts the application for the import and export of dangerous chemicals registration of environmental management.

    Violations of the provisions of the third paragraph of this article, you can be punished in accordance with the relevant provisions of the customs. 31st article dangerous chemicals production using, and import and export enterprise, in handle dangerous chemicals environment management registration process in the not truthfully declared about situation, provides false material, or to cheat, and bribery, not due means handle dangerous chemicals environment management registration of, by County above environmental protection competent sector ordered corrected, at 20,000 yuan above 30,000 yuan following fine; has made production using registration card or get import and export environment management registration of, revoked its production using registration card or import and export environment management registration

They commit crimes, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Enterprises are not used in the production of dangerous chemicals in accordance with the provisions of the register of activities used in the production of dangerous chemicals, or forge, alter, transfer production registration certificate, by environmental protection departments above the county level shall order correction, fines of between 10,000 yuan and 30,000 yuan constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Article 32nd focused on environmental management of dangerous chemical production enterprise, is not carried out according to the provisions of these measures monitored, by environmental protection departments above the county level shall order correction, fines of between 30,000 Yuan; not the emissions of industrial waste water monitoring and record keeping in accordance with the People's Republic of China Law on water pollution prevention and control section 72nd (c) shall be punished.

    33rd of dangerous chemical production enterprise, did not disclose the information in accordance with these regulations, by environmental protection departments above the county level shall order correction, fines of between 30,000 yuan.

34th of dangerous chemical production enterprise, provides for the establishment of hazardous chemicals that are not in accordance with this approach accounts or environmental management information files, by environmental protection departments above the county level shall order correction, fines of between 10,000 yuan.

    Focus on environmental management of dangerous chemical production enterprise, is not in accordance with the requirements of environmental risk assessments, regular self-examination of the environmental risks of the enterprise and save the self-inspection records, by environmental protection departments above the county level shall order correction, fines of between 10,000 yuan.

    Article 35th of dangerous chemicals in environmental risk assessment agencies irresponsible or deceitful report inaccurate, above the provincial environmental protection department ordered corrective action and fines of between 30,000 yuan, and announced to the public in serious cases, be removed from the recommended list.

    Article 36th staff engaged in environmental management of hazardous chemicals in contravention of this regulation, of dereliction of duty, abuse of authority or engages, shall be subject to punishment; a suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    37th environmental management of hazardous chemicals registration application form, certificates of registration of environmental management of hazardous chemicals, focusing on environmental management of hazardous chemicals release and transfer documents such as reports, environmental risk prevention management plan styles, fill out the requirements and technical guidelines, formulated by the competent Department of environmental protection by the State Council.

    38th State Council Environmental Protection Department under the dangerous chemicals characteristics and environmental risk factors, determine the list do not need to register with the environmental management of hazardous chemicals and to the public.

    39th before the implementation of these measures has been built of the dangerous chemical production enterprise, should be completed within three years after the implementation of this approach hazardous chemicals used for registration of environmental management.

    40th registration of environmental management of hazardous chemicals, in accordance with the relevant provisions of the State fee.

    41st interpret these measures shall be formulated by the competent Department of environmental protection. 42nd article of the rules take effect on March 1, 2013.