Measures for Environmental Management Registration of Hazardous Chemicals (for Trial Implementation)

Chapter I General Provisions

Article 1 In order to strengthen the environmental management of hazardous chemicals, prevent and reduce the harm of hazardous chemicals to the environment and human health, prevent environmental risks, and implement international conventions, in accordance with the the People's Republic of China Environmental Protection Law, the Regulations on the Safety Management of Hazardous Chemicals and other laws and regulations, formulate these Measures.

Article 2 These Measures shall apply to the production of hazardous chemicals and the use of hazardous chemicals for production within the territory of the People's Republic of China (hereinafter referred to as "the production and use of hazardous chemicals") and the import and export of hazardous chemicals.

The term "hazardous chemicals" as mentioned in these Measures refers to the highly toxic chemicals and other chemicals listed in the "List of Hazardous Chemicals" as stipulated in the "Regulations on the Safety Management of Hazardous Chemicals.

Article 3 The competent department of environmental protection under the State Council shall, according to the hazard characteristics and environmental risk degree of hazardous chemicals, determine the hazardous chemicals subject to key environmental management, formulate and publish the Catalogue of Hazardous Chemicals Subject to Key Environmental Management, and make timely adjustments.

Article 4 The competent department of environmental protection under the State Council shall be responsible for organizing the registration of environmental management of hazardous chemicals throughout the country and exercising supervision and administration thereof.

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

The competent environmental protection department at or above the county level may entrust its subordinate institutions engaged in the environmental management of chemicals to undertake the registration of environmental management of hazardous chemicals.

Article 5 Any unit or individual shall have the right to report any violation of the provisions of these Measures. After receiving the report, the competent department of environmental protection shall promptly handle it in accordance with the law; for the reported matters that do not fall within the scope of its duties, it shall promptly transfer them to the relevant departments for handling in accordance with the law.

Chapter II Registration of Production and Use Environment Management

Article 6 An enterprise producing and using hazardous chemicals shall, in accordance with the provisions of these Measures, apply for the registration of environmental management of hazardous chemicals and obtain the registration certificate of environmental management for the production and use of hazardous chemicals (hereinafter referred to as the "production and use registration certificate").

New construction, reconstruction, expansion of hazardous chemicals production and use of projects, should be completed before the completion of the project acceptance of hazardous chemicals production and use of environmental management registration.

Article 7 The registration certificate for the production and use of hazardous chemicals under key environmental management shall be issued by the provincial environmental protection department; the registration certificate for the production and use of other hazardous chemicals shall be issued by the municipal environmental protection department divided into districts.

Article 8 The environmental management registration for the production and use of hazardous chemicals shall be handled in accordance with the following procedures:

(I) enterprises producing and using hazardous chemicals to submit application materials for environmental management registration for the production and use of hazardous chemicals to the local county-level environmental protection department;

After receiving the application materials submitted by the production and use enterprises, the (II) county-level environmental protection department shall review them within five working days; if they meet the requirements, they shall report the application materials to the municipal environmental protection department divided into districts;

After receiving the materials from the environmental protection department at the county level, the environmental protection department at the city level divided into districts of the (III) shall conduct an examination within 15 working days. If the conditions are met, the production and use registration certificate shall be issued. For those who apply for the registration certificate for the production and use of key environmental management hazardous chemicals, the municipal environmental protection department divided into districts shall organize on-site verification after receiving the application materials, and sign the pre-trial opinions within five working days and report to the provincial environmental protection Competent department. The time for on-site verification is not included in the pre-trial period;

After receiving the materials and pre-examination opinions of the municipal environmental protection department divided into districts, the provincial environmental protection department of the (IV) shall organize experts to conduct technical review; if the conditions are met, the production and use registration certificate shall be issued within ten working days. The time of technical review is not counted in the approval period.

The production and use registration certificate issued by the municipal environmental protection department divided into districts or the provincial environmental protection department shall be promptly handed over to the county-level environmental protection department for issuance to the enterprise.

If an enterprise produces and uses key environmental management hazardous chemicals and other hazardous chemicals at the same time, it shall apply for the registration of the production and use of key environmental management hazardous chemicals.

Article 9 When an enterprise producing and using hazardous chemicals applies for registration of environmental management for the production and use of hazardous chemicals, it shall submit the following materials and be responsible for the authenticity, accuracy and completeness of the materials:

The application form for environmental management registration for the production and use of (I) hazardous chemicals mainly includes the basic information of the enterprise, the surrounding environmentally sensitive areas, the types, quantities, labels, classification of hazardous characteristics, uses, and usage methods of hazardous chemicals used in production, chemical safety technical instructions, Environmental risk prevention and control measures, discharge of characteristic chemical pollutants, and disposal of discarded hazardous chemicals;

Approval of (II) EIA documents;

Emergency plan for (III) environmental emergencies;

(IV) the environmental monitoring report provided by the enterprise itself, or entrust the environmental monitoring agency affiliated to the environmental protection department or the environmental monitoring agency recognized by the provincial environmental protection department.

If an enterprise producing and using hazardous chemicals that has been established before the implementation of these Measures applies for registration of environmental management for the production and use of hazardous chemicals, it shall also submit relevant materials such as the completion acceptance decision of environmental protection facilities, the pollutant discharge permit, and the enterprise's clean production.

Article 10 Enterprises engaged in the production and use of hazardous chemicals under key environmental management shall carry out environmental risk assessment of hazardous chemicals under key environmental management, entrust competent institutions to prepare environmental risk assessment reports, and submit them when applying for registration of environmental management for the production and use of hazardous chemicals.

Article 11 Where an environmental risk assessment report on key environmental management hazardous chemicals is prepared, the environmental risks of key environmental management hazardous chemicals and their prevention and control measures shall be assessed in accordance with the provisions of the environmental protection department of the State Council, and the assessment conclusions shall be made. Clarify the level of environmental risk supervision of enterprises. The compiling agency is responsible for the evaluation conclusion.

The competent department of environmental protection under the State Council may, on the basis of merit, recommend a list of institutions engaged in the preparation of environmental risk assessment reports on key environmental management hazardous chemicals, and make them known to the public.

Personnel engaged in the preparation of environmental risk assessment reports on key environmental management hazardous chemicals shall receive special training organized by the environmental protection department at or above the provincial level and pass the assessment.

Article 12 The production and use registration certificate shall specify the basic information of the enterprise, the varieties of hazardous chemicals, the production and use of the enterprise and the requirements for environmental management.

The production and use registration certificate is divided into the original and the copy, and the original and the copy have the same legal effect.

Enterprises producing and using hazardous chemicals shall, in accordance with the requirements of the production and use registration certificate, engage in the production and use of hazardous chemicals. It is prohibited to forge, alter or transfer the registration certificate for production and use.

Article 13 The production and use registration certificate shall be valid for three years.

Within the validity period of the production and use registration certificate, if the matters stated in the production and use registration certificate are changed, the hazardous chemical production and use enterprise holding the production and use registration certificate shall submit the change certification materials in accordance with the provisions of Article 8 of these Measures within 30 days from the date of change, and apply for change registration.

Article 14 If a production and use registration certificate expires and continues to engage in the production and use of hazardous chemicals, it shall, three months before the expiration of the validity period, apply for a replacement certificate in accordance with the provisions of Chapter II of these Measures on applying for environmental management registration for the production and use of hazardous chemicals.

Article 15 An enterprise engaged in the production and use of hazardous chemicals shall promptly report to the competent department of environmental protection when it discovers that the hazardous chemicals have new hazardous characteristics.

Chapter III Import and Export Environmental Management Registration

Article 16 Where the import and export of dangerous chemicals listed in the catalogue of dangerous chemicals whose import and export are strictly restricted by China, the enterprise shall go through the environmental management registration of the import and export of dangerous chemicals with the environmental protection department of the State Council in advance, and go through the formalities of inspection and release at the Customs with the relevant certificates.

Article 17 When an enterprise applies for the registration of environmental management of the import and export of hazardous chemicals, it shall submit the following materials and shall be responsible for the authenticity, accuracy and completeness of the materials:

Application form for environmental management registration of import and export of (I) hazardous chemicals;

Copy of the business license of the (II) enterprise;

Certificate of import and export qualification of (III) enterprises;

(IV) import and export contracts;

(V) the production and use registration certificate of the domestic production and use enterprise planning to import and export hazardous chemicals;

(VI) domestic purchase and sale contracts for hazardous chemicals to be imported or exported;

(VII) other materials as prescribed by the competent department of environmental protection under the State Council.

Article 18 The competent department of environmental protection under the State Council shall entrust its subordinate institutions engaged in the environmental management of chemicals to undertake the specific work of environmental management registration of the import and export of hazardous chemicals.

An enterprise applying for registration of environmental management of the import and export of hazardous chemicals shall submit an application for registration to the agency engaged in environmental management of chemicals under the competent department of environmental protection under the State Council.

The institutions engaged in the environmental management of chemicals under the competent department of environmental protection under the State Council shall, within five working days from the date of accepting the application for registration, submit their preliminary examination opinions and submit them together with the application materials submitted by the enterprises to the competent department of environmental protection under the State Council.

The competent department of environmental protection under the State Council shall, within 15 working days, make a decision on whether or not to approve the registration. If the approval is not granted, the reasons shall be stated.

Article 19 the competent department of environmental protection under the State Council shall, when registering the import and export of hazardous chemicals, perform the obligations of prior informed consent and other international conventions in accordance with the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade and the Stockholm Convention on persistent organic pollutants.

Chapter IV Supervision and Administration

Article 20 Enterprises producing and using key environmental management hazardous chemicals that have obtained the production and use registration certificate shall, before January 31 of each year, fill in a report form for the release and transfer of key environmental management hazardous chemicals and an environmental risk prevention and control management plan to the competent environmental protection department at the county level.

The report form on the release and transfer of key environmental management hazardous chemicals shall include the discharge, disposal and recycling of key environmental management hazardous chemicals and their characteristic pollutants into the environment, as well as relevant accounting data.

The environmental risk prevention and control management plan shall include major process adjustment measures, pollution prevention and control plans, environmental risk prevention and control measures, and capacity-building programs to reduce the discharge of key environmental management hazardous chemicals and their characteristic pollutants.

Article 21 enterprises producing and using key environmental management hazardous chemicals shall, in accordance with the requirements of the competent department of environmental protection and the national technical specifications for environmental monitoring and relevant standards, monitor the discharge of key environmental management hazardous chemicals and their characteristic pollutants generated in the process of production and use; those who do not have the ability to monitor themselves, an environmental monitoring institution subordinate to the competent department of environmental protection or an environmental monitoring institution recognized by the competent department of environmental protection at the provincial level may be entrusted to carry out monitoring.

Article 22 An enterprise producing and using hazardous chemicals shall issue an annual report on the environmental management of hazardous chemicals in January each year, and announce to the public the types of hazardous chemicals produced and used in the previous year, hazard characteristics, related pollutant discharge and accident information, and pollution Prevention and control measures, etc.; key environmental management hazardous chemicals production and use enterprises shall also publish the release and transfer information and monitoring results of key environmental management hazardous chemicals and their characteristic pollutants.

Article 23 An enterprise producing and using hazardous chemicals shall establish a ledger of hazardous chemicals to record information such as the variety, production and usage, sales direction, and source of supply of hazardous chemicals, as well as environmental management information such as pollutant discharge and environmental monitoring. File and keep it for a long time.

Enterprises producing and using hazardous chemicals under key environmental management shall, in accordance with the requirements of the environmental risk assessment report, regularly conduct self-examination of the environmental risks of the enterprise; if problems are found, they shall be corrected in a timely manner and keep records of self-examination.

Article 24 The competent departments of environmental protection at or above the county level shall conduct supervision, inspection and supervisory monitoring of the environmental management of enterprises producing and using hazardous chemicals.

The supervision and inspection of enterprises producing and using hazardous chemicals shall include the implementation of environmental management requirements specified in the production and use registration certificate, the implementation of preventive measures proposed in the environmental risk assessment report, the release and transfer of hazardous chemicals under key environmental management, the implementation of environmental risk prevention and control management plan, and environmental monitoring.

Article 25 When conducting supervision and inspection, the competent department of environmental protection may take the following measures in accordance with the provisions of Article 7 of the Regulations on the Safety Management of Hazardous Chemicals:

(I) enter the hazardous chemical operation site to carry out on-site inspection, obtain information from relevant units and personnel, and consult and copy relevant documents and materials;

(II) discovering the hidden dangers of environmental accidents of hazardous chemicals, it shall be ordered to eliminate them immediately or within a time limit;

The (III) shall order the immediate suspension of the use of facilities, equipment, installations, equipment and means of transport that do not meet the requirements of environmental protection laws, administrative regulations, rules or standards;

With the approval of the principal responsible person of the department, the (IV) shall seal up the places where dangerous chemicals are produced and used in violation of environmental protection laws and regulations, and seize the dangerous chemicals produced and used in violation of environmental protection laws and regulations, as well as the raw materials and equipment used in the production and use of dangerous chemicals in violation of environmental protection laws and regulations;

(V) illegal acts affecting the environmental safety of hazardous chemicals are found, they shall be corrected on the spot or ordered to make corrections within a time limit.

The competent department of environmental protection shall conduct supervision and inspection in accordance with the law, and there shall be no less than two supervisors and inspectors, and shall show their law enforcement certificates; relevant units and individuals shall cooperate with the supervision and inspection carried out in accordance with the law, and shall not refuse or hinder them.

Article 26 the competent department of environmental protection at the county level shall, before the end of February each year, summarize the issuance of production and use registration certificates in their respective administrative regions and the data on the release and transfer of hazardous chemicals under key environmental management, and report them to the competent department of environmental protection at the provincial level by level.

The provincial environmental protection department shall report the summary to the environmental protection department of the State Council before March 31 of each year, and publish the list of hazardous chemical production and use enterprises that have obtained the production and use registration certificate in the administrative area of the previous year.

The competent department of environmental protection under the State Council shall announce to the public the registration of environmental management of the import and export of hazardous chemicals, and regularly notify the competent department of environmental protection at the provincial level.

Article 27 The competent department of environmental protection under the State Council shall establish a national environmental management information system for hazardous chemicals, and may entrust its subordinate institutions engaged in environmental management of chemicals to collect and analyze relevant information on the national environmental management registration of hazardous chemicals and the release and transfer of hazardous chemicals under key environmental management.

Article 28 the competent department of environmental protection at a higher level shall supervise and inspect the registration of environmental management of hazardous chemicals of the competent department of environmental protection at a lower level; if problems are found, they shall promptly investigate, verify and deal with them in accordance with the law.

Article 29 The environmental protection department at or above the county level shall promptly announce to the public the punishment imposed on the production, use, import and export enterprises of hazardous chemicals.

For enterprises that produce, use, import and export hazardous chemicals with serious violations of the law, the competent environmental protection department may not issue a pollutant discharge permit, or pass the environmental protection verification of listed companies, and notify the relevant financial and securities regulatory agencies.

Chapter V Legal Liability

Article 30 if an enterprise engaged in the production and use of hazardous chemicals fails to register for the environmental management of the production and use of hazardous chemicals in accordance with the provisions of these measures, the competent department of environmental protection at or above the county level shall order it to make corrections and impose a fine of less than 10,000 yuan; if it refuses to make corrections, it shall be fined not less than 10,000 yuan but not more than 30,000 yuan.

Key environmental management hazardous chemicals production and use enterprises that fail to register for the production and use of hazardous chemicals in accordance with the provisions of these Measures and engage in the production and use of hazardous chemicals, or fail to report release and transfer information or environmental risk prevention and control in accordance with the provisions of these Measures If the management plan is implemented, the environmental protection department at or above the county level shall punish it in accordance with Article 81 of the Regulations on the Safety Management of Hazardous Chemicals.

If a hazardous chemical import and export enterprise fails to register for the import and export of hazardous chemicals in accordance with the provisions of these Measures and engages in the import and export of hazardous chemicals, the environmental protection department at or above the county level shall order it to make corrections and impose a fine of less than 10,000 yuan; refuse If the circumstances are serious, the environmental protection department of the State Council will no longer accept the application for registration of the import and export of hazardous chemicals within three years.

The illegal acts specified in the third paragraph of this Article may be punished by the Customs in accordance with the relevant provisions.

Article 31 If an enterprise producing, using, or importing and exporting hazardous chemicals fails to truthfully declare the relevant information in the process of registering for the environmental management of hazardous chemicals, provides false materials, or uses fraud, bribery and other improper means to register for the environmental management of hazardous chemicals, the competent environmental protection department at or above the county level shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 30,000 yuan. Those who have obtained the production and use registration certificate or import and export environmental management registration, revoke its production and use registration certificate or import and export environmental management registration; If a crime is constituted, it shall be transferred to the judicial organ for criminal responsibility according to law.

If an enterprise producing and using hazardous chemicals fails to engage in the production and use of hazardous chemicals in accordance with the provisions of the production and use registration certificate, or forges, alters or transfers the production and use registration certificate, the competent environmental protection department at or above the county level shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 30000 yuan; if a crime is constituted, it shall be transferred to the judicial organ for criminal responsibility according to law.

Article 32 if an enterprise producing and using hazardous chemicals under key environmental management fails to carry out monitoring in accordance with the provisions of these measures, the competent department of environmental protection at or above the county level shall order it to make corrections and impose a fine of not more than 30,000 yuan; those who fail to monitor the industrial wastewater discharged and keep the original records shall be punished in accordance with the provisions of item (III) of Article 72 of the the People's Republic of China Law on the Prevention and Control of Water pollution.

Article 33 If an enterprise producing and using hazardous chemicals fails to disclose relevant information in accordance with the provisions of these Measures, the environmental protection department at or above the county level shall order it to make corrections and impose a fine of less than 30,000 yuan.

Article 34 if an enterprise producing and using hazardous chemicals fails to establish a ledger or environmental management information file of hazardous chemicals in accordance with the provisions of these measures, the competent department of environmental protection at or above the county level shall order it to make corrections and impose a fine of less than 10,000 yuan.

If an enterprise producing and using hazardous chemicals under key environmental management fails to regularly conduct self-examination of the environmental risks of the enterprise and keep self-examination records in accordance with the requirements of the environmental risk assessment report, the competent department of environmental protection at or above the county level shall order it to make corrections and impose a fine of less than 10,000 yuan.

Article 35 If the preparation agency of the environmental risk assessment report of hazardous chemicals is irresponsible or fraudulent, resulting in the report being untrue, the environmental protection department at or above the provincial level shall order it to make corrections, impose a fine of less than 30,000 yuan, and announce it to the public; the circumstances are serious If it is removed from the list of recommend.

Article 36 Any staff member engaged in the environmental management of hazardous chemicals who violates the provisions of these Measures, neglects his duty, abuses his power or engages in malpractices for personal gain shall be punished according to law; if he is suspected of committing a crime, he shall be transferred to the judicial organ for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 37 The application form for environmental management registration of hazardous chemicals, the environmental management registration certificate of hazardous chemicals, the release and transfer report form of key environmental management hazardous chemicals, the environmental risk prevention and control management plan and other documents, the filling requirements and relevant technical guidelines shall be uniformly formulated by the competent department of environmental protection under the State Council.

Article 38 The competent department of environmental protection under the State Council may, on the basis of factors such as the hazardous characteristics of hazardous chemicals and the degree of environmental risks, determine the list of hazardous chemicals that do not require environmental management registration, and announce it to the public.

Article 39 Enterprises producing and using hazardous chemicals that have been established before the implementation of these Measures shall complete the environmental management registration for the production and use of hazardous chemicals within three years after the implementation of these Measures.

Article 40 The registration of environmental management of hazardous chemicals shall be charged in accordance with the relevant provisions of the State.

Article 41 The competent department of environmental protection under the State Council shall be responsible for the interpretation of these Measures.

Article 42 These Measures shall enter into force as of March 1, 2013.