The Environmental Protection Law at China’s environmental legislative system
China’s system of environmental legislation is established based on the Environmental Protection Law of the People’s Republic of China that was enacted in 1989. Under this law, other separate laws have been enacted for controlling pollution. Some of these laws are as follows:
China updated the Environmental Protection Law in 2015. This was the first major revisions. The revised law includes stricter punishments on polluters. It also allows non-governmental organizations to file environmental lawsuits against violators. The National People’s Congress revised other laws, including the Law on the Prevention and control of Air Pollution in 2018 and the Law on the Prevention and Control of Water Pollution in 2017. The Congress also adopted the Law on the Prevention and Control of Soil Pollution on August 31, 2018.
Law of the People’s Republic of China on the Prevention and Control of Air Pollution was enacted in 1987 and amended in 1995, 2000, 2015 and 2018. This Law is formulated in order to prevent and control atmospheric pollution, protect and improve people’s environment and the ecological environment, safeguard human health, and promote the sustainable development of economy and society. The concentration of the discharged pollutants may not exceed the standards prescribed by the State and local authorities. The quality standards for products containing volatile organic compounds, such as coal, petroleum coke, biomass fuel, and coatings, fireworks and firecrackers, boilers, etc., are developed and the atmospheric environment protection requirements are specified.
The environmental legislative framework to protect the air pollution is as follows.
Law of the People’s Republic of China on the Prevention and Control of Air Pollution
Law of the People’s Republic of China on the Prevention and Control of Water Pollution is formulated in order to prevent and control water pollution, protecting and improving the environment, and safeguarding the safety of drinking water.
The environmental legislative framework to protect the water pollution is as follows.
Law of the People’s Republic of China on the Prevention and Control of Water Pollution
Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste is the national primary law governing municipal and industrial waste management. This law lays out basic requirements for solid waste disposal for industrial facilities. It requires the specified facilities to get approval from the local environmental protection bureau for waste disposal plans prior to construction. The bureaus are also responsible for issuing permits for the collection, storage, and disposal of hazardous waste.
The environmental legislative framework on waste management is as follows.
Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste
Industrial chemicals are mainly regulated by the following regulations in China:
“Decree of the State Council No 591 Regulations on Safe Management of Hazardous Chemicals”
“Order of the Ministry of Environmental Protection No. 7 Environmental Management of New Chemical Substances”
Pursuant to article 15 of the Decree No 591, manufacturers of hazardous chemicals shall provide safety data sheet on the hazardous chemicals that are produced, post or affix a chemical safety label on the package. The contents in safety data sheet and chemical safety labels should meet the requirements of relevant national standards. The relevant standards in China are as follows:
On April 29, 2020, the Ministry of Ecology and Environment of the People’s Republic of China (MEE) issued the final Measures on Registrations of New Chemical Substances for Environmental Management under Ministry Order No. 12. The new Measures replaces the current 2010 version and comes into force on January 1, 2021, when the Order No.7 will be repealed.
Same as the current version, the new Measures require manufacturers and importers to register new chemical substances with MEE before placing the new chemical substances on the Chinese market. They also introduce a notification process for new uses of existing listed substances.
Law on the Safety of Hazardous Chemicals (Revision draft for solicitation of comments)
In order to strengthen the safety management of hazardous chemicals, prevent and reduce hazardous chemical accidents, the Ministry of Emergency Management organized the consultation on the draft of the “Law on the Safety of Hazardous Chemicals”, which had been open to the public comments until 1 November, 2020. If approved, it will replace Decree No. 591.
The draft law is applicable to the safety management of the production, storage, use, operation, transportation and disposal of hazardous chemicals. It consists of 11 chapters (Article 137), and based on the lessons learned from the explosion accident, “Safety of hazardous chemical disposal” etc. was added to clarify the responsibility for safety supervision of the disposal (Disposal safety). The State implements a hazardous chemical registration system.
Framework of EHS laws and regulations in China.
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On July 2, 2020, the Ministry of Emergency Management of China announced at its website “Safety Maintenance and Abolition List for Hazardous Chemicals Companies (call for opinions)” and “Old Technical …
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On 23 June, 2020, the Ministry of Ecology and Environment of China (MEE) announced “2020 Plan for against Volatile Organic Compounds” to achieve the targets proposed at the 13th Five-Year …
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On June 22, 2020, The Ministry of Ecology and Environment(MEE) of China announced the “Circular on strengthening operations for monitoring volatile organic compounds (VOC)”. It stipulates the details of VOC …
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On June 16, 2020, the National Standardization Management Committee of China announced a plan to newly establish or revise the national standards. In the plan, 11 national standards are listed. …
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On May 15, 2020, the Ministry of Ecology and Environment of China announced the “2020 Volatile Organic Compound (VOCs) Countermeasures Strategy (exposure draft)” to thoroughly implement the “Notice on the …
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On May 30, 2020, the China’s Ministry of Emergency Management, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Transport announced the “Special Regulation Hazardous Chemicals List …
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On May 27, 2020, China Household Electrical Appliances Association announced the publication of the association standard T/CHEAA 0012-2020, Key parts of smart toilet Constant pressure water inlet solenoid valve and …
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On April 21, 2020, the China National Development and Reform Commission and the Directorate General of State Market Surveillance officially promulgated the “Energy Efficiency Label Implementation Product List (15th) and …
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The Ministry of Eco-Environment of China promulgated a revised version of the ” New Chemical Substances Environmental Management Registration Act” in the Order No. 12 of the Eco-Environment Department dated …
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In March 2020, Shanghai municipal bureau of ecology and environment announced the plan for further strengthening hazardous waste pollution control to improve the capacities of environmental supervision, recycling and environmental …
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Solid Waste and Chemicals Management Technology Centre of the Ministry of Ecology and Environment (MEE) in China promulgated the Circular of the “Measures on the management of experts for technical …
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On March 2, 2020, The Ministry of Ecology and Environment of China (MEE) announced “Technical Guidelines for Continuous Emissions Monitoring of Non-Methane Total Hydrocarbon in Waste Gas Emitted from Stationary …
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China’s National public service platform for standards information announced the work plan for drafting the national standard, “Material declaration of electrical and electronic products – Requirements for declaration for certain …
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On December 17, 2019, the Ministry of Industry and Information Technology of China announced “The Guideline and Examples on Usage of Industrial Water Conservation Projects, Technologies and Equipment (2019 Edition) encouraged …
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On December 24, 2019, The Ministry of Ecology and Environment of China promulgated 11 national standards for environmental protection, which includes the “Technical specifications for wastewater monitoring”, in order to …
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On December 26, 2019, the Ministry of Emergency Management of China promulgated the “Guideline for Emergency Preparedness of Hazardous Chemical Accidents”. The Guideline was developed to strengthen the emergency preparedness …
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On November 12, 2019, the China Industrial Green Products Promotion Association and China Industry-University-Research Institute Collaboration Association promulgated the association Standard T/CAGP 0046-2019, ” Technical Specification for Green-Design Product Assessment Commercial …
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