Specification for Supervision, Management and Inspection of New Chemical Substances

Chapter I General Provisions

Article 1 In order to regulate the supervision, management and inspection of new chemical substances, control the environmental risks of new chemical substances, protect the ecological environment, and protect human health, in accordance with the Measures for the Environmental Management of New Chemical Substances (Order No. 7 of the Ministry of Environmental Protection, hereinafter referred to as the Measures "" "Measures") formulate this specification.

Article 2 These Specifications shall apply to the supervision and administration of the production, processing and use, import transfer and research activities of new chemical substances by the environmental protection administrative department of the people's government at or above the county level.

Article 3 The competent administrative department of environmental protection shall implement the system of declaration, registration, verification and follow-up control and inspection for the supervision, management and inspection of new chemical substances.

The verification of new chemical substance declaration and registration refers to the on-site verification of the declaration and registration of new chemical substance production, processing and use units within the jurisdiction in accordance with the requirements of the new chemical substance supervision notice (hereinafter referred to as the "supervision notice") issued by the Ministry of Environmental Protection and the relevant information of the registration certificate.

The follow-up control and inspection of new chemical substances refers to the daily supervision and management of the production, processing and use, import transfer and research activities of new chemical substances within the jurisdiction of the units that may produce, process and use, and research new chemical substances within the five-year activity period after the registration certificate of new chemical substances has been obtained.

Article 4 The supervision, management and inspection of new chemical substances shall be based on the principles of combining enterprise self-discipline with government supervision, combining examination and approval with daily supervision, and combining territorial supervision with level-by-level supervision.

Chapter II Duties

Article 5 The Ministry of Environmental Protection is responsible for organizing the supervision, management and inspection of new chemical substances; it is responsible for sending regulatory notices to the provincial environmental protection authorities where the producers and processing users of hazardous new chemical substances (including key environmental management hazardous new chemical substances) are located. If the processing user and the importer are not in the same province (region, city), the supervision notice should also be sent to the provincial environmental protection department where the importer is located.

The Chemical Registration Center of the Ministry of Environmental Protection provides technical support and relevant information for the supervision and management of new chemical substances by environmental protection authorities at all levels; and is responsible for receiving the national supervision and management information on new chemical substances transferred by the Ministry of Environmental Protection.

Article 6 The competent departments of environmental protection at the provincial level shall be responsible for the supervision and administration of new chemical substances within their respective jurisdictions.

The (I) shall be responsible for sending the supervision notice to the competent department of environmental protection at the prefecture-level or county-level where the producer or processing user of the chemical substance is located.

The (II) is responsible for organizing, coordinating, and urging the municipal and county-level environmental protection authorities within its jurisdiction to carry out new chemical substance declaration, registration, verification and follow-up control inspections, and conduct random inspections.

The (III) shall, in conjunction with other provincial environmental protection authorities, carry out supervision and management of the transfer of new chemical substances across provinces.

The (IV) is responsible for the establishment of new chemical substance supervision and management files within its jurisdiction.

(V) report to the Ministry of Environmental Protection on the supervision and management of new chemical substances in the previous year before February 1 each year.

Article 7 the competent departments of environmental protection at the municipal and county levels shall be responsible for "territorial supervision" and organize the verification of declaration, registration and follow-up control inspection.

In accordance with the requirements of the regulatory notice forwarded by the provincial environmental protection department, the (I) shall conduct on-site verification of the registration of new chemical substance declaration units within its jurisdiction, and report the problems found to the Ministry of Environmental Protection level by level.

(II) establish new chemical substance supervision and management files within their jurisdiction, and the registration and verification unit shall be included in the new chemical substance supervision and management files.

The production, processing and use units (III) in the supervision and management files of new chemical substances shall be included in the daily environmental supervision and management work plan of the department for follow-up control and inspection.

(IV) report the supervision and management of new chemical substances to the provincial environmental protection department before December 30 each year.

Chapter III Inspection Contents

Article 8 Main contents of registration and verification of new chemical substances

Information on the first activity of (I) new chemicals

1. Check the environmental protection system, institutional posts and registration of new chemical substances in the production or processing and use of new chemical substances;

2. Check the activity records of the first production or processing of new chemical substances;

3. Check the environmental impact assessment report and the approval of the "three simultaneous" acceptance, sewage permit and other approval documents or certificates.

Implementation of risk control measures for new chemical substances in (II)

1. Check whether the status and operation mode of environmental protection treatment equipment such as waste gas dust collection and sewage treatment in the production and processing of new chemical substances are consistent with the requirements in the regulatory notice or the risk control measures of the new chemical substance environmental management registration certificate (hereinafter referred to as the "registration certificate");

2. Check whether the cleaning work of the equipment used in the production and processing of new chemical substances (including the collection of cleaning waste liquid, the treatment of collected waste liquid, etc.) is carried out in accordance with the requirements of the risk control measures of the registration certificate;

3. Check the equipment, storage, inspection and maintenance of personal protective equipment;

4. Check the training and education of new chemical substances practitioners on regulations, risk protection and emergency knowledge, and consult relevant training records;

5. Check the preparation of emergency plans for environmental emergencies, training exercises and relevant records;

6. Check the equipment and storage of environmental emergency equipment or materials, such as gas or liquid leak detectors, plugging, collection equipment, absorbents or neutralizers;

7. Check whether qualified and applicable emergency evacuation channels, accident emergency pools, protective cofferdams, ground seepage control and other emergency facilities and equipment are set up in accordance with the requirements of the specification;

8. Check the storage equipment and identification of new chemical waste;

9. Verify the waste generated by the use of new chemicals and the disposal of new chemicals as waste.

(III) other verification contents

The inspection points, risk control measures and administrative requirements clearly stated in the supervision notice or registration certificate.

Article 9 Main contents of tracking control inspection of new chemical substances

(I) production, processing and use activities

1. Check the activity records of the production, processing and use of new chemical substances, as well as the warehousing and warehousing records or ledgers of new chemical substances;

2. Check the list of chemical substances involved in production, processing and use activities, and check whether there are new chemical substances that should be declared but not declared;

3. Check whether the producer of the new chemical substance is aware of the risk control capabilities of the new chemical substance for all downstream processing users, and the implementation of the new chemical substance risk control measures and chemical safety technical instructions for all downstream processing users;

4. Check the implementation of the information on risk control measures specified in the registration certificate of new chemical substances by producers and users of new chemical substances;

5. Check the discovery and reporting of new hazard information for new chemical substances;

6. Check the records of monitoring or estimation of environmental emissions of new chemical substances in key environmental management hazards;

7. Check the training and education of new chemical substances practitioners on regulations, risk protection and emergency knowledge, and consult relevant training records;

8. Check personal protective equipment and its management;

9. Check the preparation of emergency plans for environmental emergencies, training exercises and relevant records;

10. Check the disposal, utilization and management of new chemical waste.

(II) import transfer activities

1. Check the record of import activities of new chemical substances and the record of transfer after import;

2. Check the actual import volume according to the approved volume of the registration certificate;

3. Check the list of chemical substances involved in the import activity and check whether there are any new chemical substances that have not been declared;

4. Check the investigation of the risk control ability of the new chemical substance of the processing user before the transfer of the new chemical substance to the downstream processing user after the import of the new chemical substance;

5. Check the information provided to process users, including new chemical risk control measures, chemical safety technical specifications, and classification results according to chemical classification, warning labels and warning instructions safety regulations;

6. Check the preparation of emergency plans for environmental emergencies, training exercises and relevant records;

7. Check the discovery and reporting of new hazard information for new chemical substances.

(III) research activities

1. Check the allocation of special facilities and professional personnel;

2. Check the configuration of facilities and equipment for proper storage of new chemical substances;

3. Check the truth of the scientific research record information of new chemical substances;

4. Check the equipment and identification of new chemical waste;

5. Check the preparation of emergency plans for environmental emergencies, training exercises and relevant records;

6. Check the disposal of new chemical waste.

Chapter IV Inspection Requirements

Article 10 Requirements for Registration and Verification of New Chemical Substances

The working mechanism of "one notice, one verification and timely reporting of problems found" shall be implemented for the registration and verification of new chemical substances.

After receiving the supervision notice, the (I) territorial environmental protection department shall determine the verification time, form an on-site inspection team for new chemical substances, and determine the verification points and contents according to the requirements of the supervision notice.

The (II) inspection team shall notify the inspected unit in advance, and with the cooperation of the inspected unit, carry out on-site verification work such as document review, special-person interview, and on-site inspection.

The (III) inspection team shall submit a new chemical substance declaration and registration verification report to the territorial environmental protection authority within 15 working days after each verification.

(IV) illegal problems are found, corresponding decisions shall be made in accordance with laws and regulations, and the situation shall be reported to the Ministry of Environmental Protection level by level in a timely manner.

Article 11 Requirements for Tracking Control and Inspection of New Chemical Substances

The new chemical substance tracking control inspection implements the working mechanism of "daily management, tracking control, cause inspection, and annual reporting.

The competent department of environmental protection in the territory of the (I) shall determine the inspection object and inspection time according to the characteristics of the new chemical substance activities in its jurisdiction, the results of the declaration, registration and verification, the follow-up control inspection records and relevant reporting information, and set up a new chemical substance inspection team to inspect the inspected units.

In the process of (II) inspection, the inspected unit shall be required to sign a statement of commitment to comply with the provisions of the measures, including truthfully carrying out the declaration of new chemical substances, and there are no new chemical substances but no declaration and registration.

In addition to the on-site inspection records made by law enforcement personnel, the (III) inspection team shall complete the inspection report and file it as required within 15 working days after each inspection.

(IV) illegal problems are found, corresponding decisions shall be made in accordance with laws and regulations, and the situation shall be reported to the Ministry of Environmental Protection level by level in a timely manner.

Article 12 when carrying out the registration verification or follow-up control inspection of new chemical substances, the territorial competent department of environmental protection may invite experts in relevant fields or entrust qualified monitoring and testing institutions to cooperate and assist.

Article 13 The administrative departments of environmental protection at all levels and experts in relevant fields or monitoring and testing institutions shall keep the technical and commercial secrets of the inspected units and have specific measures to guarantee them.

Chapter V Supplementary Provisions

Article 14 The local environmental protection department may, in accordance with this Code and in combination with the actual situation of the jurisdiction, formulate specific implementation rules for the supervision, management and inspection of new chemical substances.

Article 15 The Ministry of Environmental Protection shall be responsible for the interpretation of this Code.

Article 16 This Code shall be implemented as of October 15, 2010.