Environmental Health and Safety Regulation Newsletter

Issue 5, 2019 [中文版]

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Highlights of the Month
Notice by the General Office of CPC Central Office and the State Council on Issuing "Opinions on Deepening the Reform of the Law-Enforcement on Fire-Protection"

Highlights of the Month Notice by the General Office of CPC Central Office and the State Council on Issuing "Opinions on Deepening the Reform of the Law-Enforcement on Fire-Protection" According to the decision and deployment of deepening the "power distribution, administration strengthening, service enhancement" reform, and to continue to promote the all-round reform of the fire-protection system, the general office of the state council issues " Opinions on Deepening the Reform of the Law-Enforcement on Fire-Protection" to further simplify the reform of fire-protection permits and strengthen fire-prevention management. The important "power reduction and decentralization" contents are as follows

● Cancel the qualification license of fire-protection technical service institutions.

●Cancel the qualification system for fire-protection facility maintenance and inspection, and fire-prevention safety assessment agencies; the enterprise can carry out business activities after obtaining the business license. The Fire-Protection Department will set employment conditions and service standards as the threshold for enterprises to apply for business licenses.

●Relax the market access restrictions for fire-prevention products. Except for fire alarm products, fire extinguishers, and refuge products used in public places and residential buildings, for which the compulsory product certification is still implemented, other fire-prevention products are changed to implement voluntary certification.

At present, in "Regulations on the Fire-Protection Design Review and Acceptance Management for Construction Projects (Draft for comments)" issued by the Ministry of Housing and Urban-Rural Development, the requirements on "power reduction and decentralization" in fire-protection system are also embodied:

● Cancel the existing filing requirement at the local competent authority for spot check of fire-protection design documentation;

● Cancel the specific fire-protection completion acceptance inspection process, and instead a joint acceptance inspection procedure including planning, land, fire-protection, civil defense, archiving, etc. shall be implemented; and

●Reduce application materials for certification that applicants need to submit.

At the same time of implementing "power reduction and decentralization", the fire-protection administrations should strengthen daily supervision, effectively conduct the "double random, one open" regulatory requirements, supervise the whole process of law-enforcement for fire-protection, seriously restrict the penalty discretionary power, promote the "one network with all services" on fire-protection, strengthen the fire accident investigation and accountability.


New Regulations
Ministry of Ecology and Environment: Guiding Opinions on Further Regulating the Application of the Environmental Administrative Penalty Discretion

In 2009, the former Ministry of Environmental Protection issued a series of documents, and local authorities successively issued the discretionary rules and benchmarks for environmental administrative penalties in own regions, which greatly avoided the arbitrariness and irregularity of punishment. However, with the improvement of ecological and environmental protection legislation system, especially since the revision of the "Environmental Protection Law", law-enforcement methods have become more abundant, types of administrative penalties have increased, the amount of fines has increased substantially, and the discretionary power of administrative penalties has also expanded, so the ministry of ecology and environment issues " Guiding Opinions on Further Regulating the Application of the Environmental Administrative Penalty Discretion" to further regulate the implementation of the discretionary power for environmental administrative penalties. The provincial ecology and environment departments should issue rules and benchmarks for the discretion of environmental administrative penalties in own regions before the end of September 2019

Administration for Market Regulation, Ministry of Industry and Information Regulation: Announcement on Issuing the "Arrangement for the Implementation of the Qualification Assessment System of the Limited Utilization of Harmful Substances in Electric and Electronic Products"

The announcement requires that the products listed in the "Catalogue for the Qualification Management of the Limited Utilization of Harmful Substances in Electric and Electronic Products (First Batch)" that are shipped out from factories or imported after 1 November 2019, should meet requirements of the "Implementation Arrangement". The "Implementation Arrangement" puts forward specific implementation arrangement for qualification assessment activities such as voluntary certification and self-declaration, and regulates specific styles of two qualification assessment labels, and their requirements for use should be in accordance with "Measures for the Administration of the Use of Green Product Labels".

This newsletter is prepared for clients and professional associates by ERM, Nimonik and Dentons 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 Dentons 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

●Off Shore Wind turbines—Requirements for Operation and Maintenance GB/T 37424-2019

  Policy Initiatives & Developments
  Ministry of Ecology and Environment: Letter on Seeking Opinions on the National Environmental Protection Standard "Technical Specification for Application and Issuance of Pollutant Permit Food Manufacturing Industry - Convenience Food Manufacturing Industry, Food and Feed Additives Manufacturing Industry (Consultation Paper)"
  This draft version of standard regulates the basic filling requirements, the determination of permitted emission limits, the actual emissions accounting and compliance determination methods for the application and issuance of industrial pollutant discharge permits, and environmental management requirements such as self-monitoring, environmental management accounts and emission permit execution reports for the food manufacturing, food and feed additive manufacturing industries, and put forward feasible technical requirements for industrial pollution prevention and control for food manufacturing, as well as food and feed additive manufacturing industries.
  Regional Updates
  Guangdong Province: Notice on Issuing the Plan for the Implementation of Comprehensively Launching the Reform of the Approval System for Construction Projects
  The "Implementation Plan" clarifies that the main task of Guangdong Province is to implement the full-process and full-coverage reform of the approval system for construction projects including building construction and urban infrastructure projects (excluding special projects and major projects in transportation, water resources, and energy fields). 11 specific measures such as implementing regional assessment, simplifying construction permit procedures, adjusting municipal infrastructure approval and filing timing, and implementing temporary joint acceptance and joint mapping are proposed.
  Henan Province: Notice on Issuing 6 Special Plans for the Prevention and Control of Industrial Air Pollution in Henan Province
  The notice issues 6 special plans including the "Plan for the Upgrading and Treatment of Non-Electric Industry in Henan Province in 2019", the "Plan for the Treatment of Fugitive Emission of Industrial Enterprises in Henan Province in 2019", the "Plan for the Treatment of Industrial Furnace Pollution in Henan Province in 2019", the "Plan for the Treatment of Volatile Organic Compounds (VOCs) in Henan Province in 2019", the "Plan for the Annual Comprehensive Treatment of Boilers in Henan Province in 2019" and the "Plan for the Treatment of the Foundry Industry in Henan Province in 2019".
  Notice by the General Office of Hunan Provincial Government on Issuing the "Plan for Deepening the Reform of the Approval System for Construction Projects"
  The plan requires that based on finishing set reform goals, contents and tasks of "Guiding Opinions by the General Office of Hunan Provincial Government on Advancing the Reform of the Approval System for Construction Projects" (Xiang Zheng Ban Fa[2019]76), the reform of the approval system for construction projects shall be further deepened, and the unified approval procedure, unified information platform, unified approval management system, unified monitoring methods should be realized before the end of 2019
  Shanghai Municipality: Guidance for the Implementation of the Classified Management and Control of Safety Hazards of Enterprises in Shanghai Municipality
  The implementation guidance applied to the hazard identification, assessment, classification, management and control for chemical, medicine and hazardous chemical enterprises, and industrial and trading enterprises in metallurgy, non-ferrous metal, construction material, machinery, light industrial, textile, cigarette, commercial fields.
  Notice by Shanghai Municipal Government on Dividing Zones Banning Using High-Emission Non-Road Mobile Machinery
  The notice requires that in the area within the outer ring line (including) of Shanghai, non-road mobile machinery of national I of "Limited Air Pollutant Emission Amounts and Measurement Methods for Diesel Engines of Non-Road Mobile Machinery" (GB20891-2007) and in former standards (produced before October 1st, 2009) are banned using from October 1st, 2019. The emission of the machinery used in this area shall meet the Class III limits in (GB36886-2018). Since October 1st, 2020, in areas other than the outer ring line, the non-road mobile machinery of the national I of GB20891-2007 and in previous standards (produced before October 1, 2009) are banned using. Before using the non-road mobile machinery, apply for the registration from the ecology and environment department before September 30th, 2019, collect the identification marks, and fix the identification marks on prominent positions. Since October 1st, 2019, newly purchased non-road mobile machinery should complete the registration within 30 days.
  Shanghai Municipality: Notice on Issuing "Opinions on the Implementation of the Reform of Environmental Impact Assessment System in the Municipality"
  In March, 2018, the Ministry of Ecology and Environment authorized Beijing and Shanghai to carry out pilot reform of environmental impact assessment (EIA) system. In accordance with national requirements and in combination with Shanghai's actual conditions, the reform of the EIA system proposed a number of specific methods such as setting up a list of key industries, exempting a number of construction project EIA procedures, supplementing the EIA list, implementing the planning EIA and project EIA linkage, and optimizing the EIA public participation mode.

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