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Do you understand the responsibilities and obligations that need to be fulfilled after the registration of new chemical substances?
Release time:
2020-10-14 11:48
Recently, the soil department of Shanghai municipal ecological environment bureau, together with the municipal solid waste management center, organized a promotion meeting on the risk investigation of compliance chemicals and the follow-up spot check and evaluation of new chemical substances (news link of Shanghai municipal ecological environment bureau: ttps:// sthj). the follow-up control inspection and evaluation of new chemical substances in 2020 has been started, and the post-certificate supervision of new chemical substance registration units will be further strengthened. Recently, the Municipal Ecological Environment Bureau has successively inspected some enterprises and put forward a series of rectification opinions. Some customers ask us how to deal with the inspection, how to rectify the problems raised by the municipal ecological environment bureau, etc. This article will introduce the responsibilities and obligations after the registration of new chemical substances, and give the enterprise response plan.
Since the current regulations are still the "New Chemical Substances Environmental Management Measures" (Order No. 7 of the Ministry of Environmental Protection), this article will be based on the relevant regulatory provisions of Order No. 7.
The relevant provisions of the supervision and inspection of the regulatory authorities stipulate:
The local ecological environment department responsible for supervision and management shall, in accordance with the requirements of the new chemical substance supervision notice and in accordance with the new chemical substance supervision and management inspection specifications formulated by the Ministry of Ecology and Environment, supervise and inspect the production, processing and use of new chemical substances.
If it is found that the production or processing of new chemical substances causes or may cause immediate or cumulative environmental pollution hazards, producers and processing users shall be ordered to take immediate measures to eliminate the hazards or dangers, and the relevant situation shall be reported to the Ministry of ecology and environment step by step.
The Ministry of Ecology and Environment may, according to the report, require the holder of the registration certificate to provide information on the possible new hazard characteristics of the new chemical substance approved for registration, and deal with it in accordance with the provisions of these Measures on the reporting and handling of the new hazard characteristics of the new chemical substance.
The responsibilities and obligations of the relevant parties after registration are stipulated:
1. [Information transmission]]
The holder of the registration certificate declared by the regular shall specify the hazard characteristics of the new chemical substance in the chemical safety technical specification and transmit the following information to the processing user:
Risk control measures specified in the registration certificate;
Chemical safety technical specification;
Classification results according to chemical classification, warning labels and warning instructions safety regulations;
Other relevant information.
2. [General risk control measures]]
The holder of the registration certificate declared by the regular and the corresponding processing user shall, in accordance with the provisions of the registration certificate, take one or more of the following risk control measures:
Education on the risk and protection of new chemical substances;
Strengthening personal protection for persons exposed to new chemical substances;
Safety protection such as sealing and isolation shall be provided, and warning signs shall be arranged;
Improving the production and use of new chemicals to reduce releases and environmental exposure;
Improving pollution prevention and control processes to reduce environmental emissions;
Formulate emergency plan and emergency disposal measures;
Take other risk control measures. Holders of registration certificates for hazardous new chemical substances (including hazardous new chemical substances under key environmental management) and processing users shall abide by the relevant provisions of existing laws and administrative regulations such as the Regulations on the Safety Management of Hazardous Chemicals.
3. [Key risk control measures]]
Holders of registration certificates and processing users of key environmental management hazardous new chemical substances shall also take the following risk control measures:
During production or processing, the discharge of new chemical substances of the key environmental management hazards into the environmental medium shall be monitored or estimated. If it does not have the ability to monitor, it may entrust a monitoring institution or social testing institution affiliated to the ecological environment department recognized by the ecological environment department at or above the prefecture level to carry out monitoring.
At the time of transfer, corresponding equipment shall be equipped in accordance with relevant regulations, and appropriate measures shall be taken to prevent new chemical substances of key environmental management hazards from entering the environment in the event of an emergency, and prompt the emergency handling methods in the event of an emergency.
After the disposal of hazardous new chemical substances under key environmental management, they shall be disposed of in accordance with the relevant hazardous waste disposal regulations.
4. [Prohibition of Transfer]]
Holders of registration certificates regular the declaration may not transfer new chemical substances approved for registration to process users who do not have the capacity to take risk control measures.
5. [R & D Management Requirements]]
The scientific research activities of new chemical substances and the research and development of processes and products shall be carried out in special facilities and under the guidance of professionals in strict accordance with the relevant management regulations.
New chemical substances produced or imported for the purpose of scientific research or research and development of processes and products shall be properly preserved and shall not be used for other purposes. If it needs to be destroyed, it shall be disposed of in accordance with the relevant regulations on hazardous waste.
6. Activity Report]
The holder of the registration certificate declared by the regular shall submit a report form on the first activity of the new chemical substance to the solid management center within 30 days of the first production activity, or within 30 days of the first import and transfer to the processing user.
The holder of the registration certificate of the new chemical substance of the key environmental management hazardous category shall also report the flow information of the new chemical substance to the solid management center within 30 days from the date of each transfer of the new chemical substance of the key environmental management hazardous category to different processing users.
7. Annual Report]
The holder of the registration certificate for simple declaration shall report to the registration center the actual production or import of the new chemical substances approved for registration in the previous year before February 1 of each year.
The holder of the registration certificate of hazardous new chemical substances (including key environmental management hazardous new chemical substances) shall report to the solid management center the following information about the new chemical substances approved for registration in the previous year before February 1 of each year:
actual production or import;
Implementation of risk control measures;
Exposure and release in the environment;
The actual situation of the impact on the environment and human health;
Other information related to environmental risks.
The holder of the registration certificate of the new chemical substance of the key environmental management hazardous category shall also report to the solid management center the production or import plan of the new chemical substance registered in the current year, as well as the preparation for the implementation of risk control measures.
8. [Data Preservation]]
The holder of the registration certificate shall keep the declaration materials of the new chemical substance and the actual situation of the production and import activities for more than ten years.
9. [Cancellation of Registration]]
If the holder of the registration certificate fails to carry out production or import activities or stops production or import activities, he may submit an application for cancellation to the solid management center, explain the situation, and return the registration certificate.
The relevant regulatory responsibilities are as follows:
1. [Local Punishment Item 1]]
In case of any of the following acts in violation of the provisions of these measures, the local environmental protection department responsible for supervision and management shall order it to make corrections, impose a fine of not less than 10,000 yuan but not more than 30,000 yuan, and report it to the Ministry of Ecology and Environment to announce its violations and record its bad records:
Refusing or hindering the supervision and inspection of the ecological environment department, or practicing fraud when accepting supervision and inspection;
Failing to obtain a registration certificate or failing to produce or import new chemical substances in accordance with the provisions of the registration certificate;
Processing and using new chemical substances that have not obtained a registration certificate;
Failure to take risk control measures in accordance with the provisions of the registration certificate;
Transfer of registered new chemical substances to process users who do not have the capacity to take risk control measures.
2. [Local Punishment Matters II]]
In violation of the provisions of these Measures, one of the following acts shall be ordered by the local ecological and environmental department responsible for supervision and management to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan:
Failure to transmit risk control information to processing users as specified;
Failing to keep the declaration materials of new chemical substances and the actual situation of production and import activities as required;
Use new chemical substances produced or imported for the purpose of scientific research and research and development of processes and products for other purposes or fail to manage them in accordance with regulations.
In accordance with the relevant provisions of the above laws and regulations, combined with the requirements of the Shanghai Municipal Bureau of Ecology and Environment, we can see that the focus of this new chemical substance inspection is the implementation of risk control for registration certificate holders, and strengthen the production, use, transportation, and storage of new chemical substances. In other links, implement the main responsibility of enterprise safety production and reduce environmental risks. It is recommended that enterprises make relevant preparations for the following matters:
1. Statistics on the types and names of chemicals produced or operated, especially the use or suspected use of HBCD/PFOS/mercury and other compliance chemicals, to ensure that the use is phased out or restricted on schedule;
2. Self-check a series of safety, environment and personnel health related matters such as emergency plan related to new substances, on-site SDS posting, personnel training, on-site emergency equipment allocation, personnel protective equipment wearing, etc. If there are any non-conformances, make corresponding rectification;
3. Self-check whether the information transmission, annual report and other systems have been implemented, and whether the registration materials and actual activity information have been kept as required. If there are any non-conformances, make corresponding rectification.
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