Environmental Health and Safety Regulation Newsletter

Issue 2, 2019 [中文版]

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Highlights of the Month
The State Council: Work Safety Emergency Response Regulation

"Work Safety Emergency Response Regulation", developed based on Production Safety Law of the People's Republic of China and Emergency Response Law of the People's Republic of China, has 35 articles in five chapters, The Regulation stipulates the rules and requirements on work safety emergency response system, emergency response preparation, on-spot emergency response rescue and corresponding legal liabilities.

The Regulation specially emphasizes the responsibilities of key production and operation entities. The so-called key production and operation entities refers to some high risk sectors, including entities that produce, operate, store, transport flammable and explosive goods and hazardous chemicals, mining, metallurgy, urban rail transit operation, building construction, and highly dense population areas  including hotels and malls.

The key production and operation entities must make registration of their emergency response plan (ERP) and disclose ERP to the public; conduct drill at least once half a year; set up full time emergency response team; equip necessary emergency response facilities, devices and provisions and properly maintain to ensure their normal conditions. The entities that produce, operate, store and transport hazardous goods, and mining, metallurgy, urban rail transit operation, building construction entities should also set up emergency response duty system and designate emergency response persons on duty.

Other production and operation entities should develop their ERP based on natures and risks and maintain up to date, and publish them to their own employees.


New Regulations

Ministry of Ecology and Environment, National Commission of Health: Catelogue of Toxic and Harmful Air Pollutant(2018) 

The Catalogue is developed according to the article 78 of the newly revised "Law on Prevention and Control of Air Pollution", which requires that the Ministry of Ecology and Environment publish the Catalogue Of Toxic And Harmful Air Pollutants and carry out risk management. The first batch includes 11 categories (types) of pollutants, including six volatile organic compounds (VOCs), five categories (types) of heavy metal and metalloid and their compounds.


This newsletter is prepared for clients and professional associates by ERM, Nimonik and Dacheng Shanghai. Whilst every effort has been made to ensure accuracy, no responsibility can be accepted for errors and omissions, however caused. The information contained in this newsletter should not be relied on as legal advice and should not be regarded as a substitute for detailed advice in individual cases. No responsibility for any loss occasioned to any person acting or refraining from action as a result of material in this newsletter is accepted by ERM, Nimonik or Dacheng Shanghai. If advice concerning individual problems or other expert assistance is required, the services of a competent professional adviser should be sought.

  New National Standards

●Diagnostic Criteria of Occupational Heat Illness (GBZ 41-2019)

  Policy Initiatives & Developments
  Ministry of Ecology and Environment: "Catalogue of Toxic and Harmful Water Pollutants (First Batch)" (Consultation)

The catalogue of toxic and harmful water pollutants (first batch) lists nign categories of pollutants, including four organic pollutants, including dichloromethane, trichloromethane, trichloroethylene, perchloroethylene, and five heavy metal pollutants, including hexavalent chromium compounds and lead compounds.

These nine categories involve 18 industries including coal mining and screening, ferrous metal mining, non-ferrous metal mining, textile, leather making, petroleum processing, coking, chemical materials and chemical products, pharmaceutics, metallurgy, power supplying, heat generation and supplying, water resource, ecological protection and environmental treatment.

  Ministry of Ecology and Environment: Letter on Seeking Opinions on 3 National Environmental Protection Standards including "Self-monitoring technology guidelines for pollution sources — Manufacture of paint and ink (Consultation Paper)"
  Ministry of ecology and environment publishes consultation papers of 3 standards including "Self-monitoring technology guidelines for pollution sources — Manufacture of paint and ink", "Self-monitoring technology guidelines for pollution sources Chemical fertilizer industry- Phosphatic, potassic, compound, organic and microbial fertilizer" and "Self-monitoring technology guidelines for pollution sources — Coating". The deadline of consultation is by 13th March.
  Ministry of Ecology and Environment: Letter on Seeking Opinions on 7 National Environmental Protection Standards including "Technical Specifications for Environmental Monitoring of Groundwater"
  The technical specifications for environmental monitoring of groundwater (consultation paper) is to revise HJ/T 164-2004. The standard after revision has 11 chapters and 6 appendixes. The main revision are as following: increase the groundwater monitoring sampling points of in drinking water and its supplying zones, and  pollution sources; adds contents concerning signs of environmental monitoring wells.
  Regional Updates
  Anhui Province: List of Environmental Risk Management and Control of Contaminated Lands in Anhui Province
  The List is based on the analysis result of the environmental risk management and control of contaminated lands in Anhui province. 31 contaminated lands are listed with the corresponding stages of the soil environment management, planned usages of the lands, measures to be taken in the risk assessment report, and environmental risk prevention measures that have been taken.
  Beijing Municipality: Announcement on Issuing "Detailed Rules for Implementing the ‘Catalogue of the Classified Management of Construction Project Environmental Influence Assessment’ in Beijing Municipality (2018 Version)"
  Detailed Rules adjust 15 categories and 27 sub items of the "Catalogue of the Classified Management of Construction Project Environmental Influence Assessment" in Beijing municipality. Projects that are not listed in the "Catalogue of Classified Management”, "Amendment Sheet" and "Detailed Rules" will not be subject to environmental impact assessment (EIA) management in principle. In case the project only involves the ancillary facilities, utilities, and auxiliary projects, the EIA category will be determined in line with the ancillary facilities.
  Henan Province: Announcement on Launching the Application and Issuance of Pollutant Emission Permits of 7 Industries including Fertilizer Manufacturing, Automobile Manufacturing and Battery Manufacturin
  The Announcement requires that pollutant discharge entities within 7 industries including fertilizer manufacturing (phosphate fertilizer), automobile manufacturing, battery manufacturing, water processing (waste water processing and its recycling etc.), heat generation and supplying, electroplating facility should apply for pollutant discharge permits with the local environmental authority from the date of publishing the announcement. The local environmental authority will finish the issuance work in their jurisdictions by 30th June, 2019.
  Shanghai Municipality: Notice on Issuing "Categories of Projects that are not subject to Construction Project Environmental Impact Assessment (EIA) requirements in Shanghai Municipality"
  The Notice defines the project categories that are not subject to the construction project EIA requirements in Shanghai Municipality. The projects listed in the "Exemption Catalogue", the project proponent is not required to prepare EIA documents, nor obtain approval or the registration. The range of exemption mainly cover four project categories, i.e. industrial (e.g. projects including equipment manufacturing that only involve composition and test, food manufacturing with only simple processing, textile and clothing), environmental protection treatment, social service and infrastructure categories.

ERM China

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