Many targeted regulations and policies were issued in order to effectively strengthen the supervision of hazardous chemicals, effectively prevent major accidents in the chemical industry, and improve China's hazardous chemical management system in 2019. What are the chemical compliance issues that need attention concerning about new regulatory developments for enterprises? We will briefly summarize the hazardous chemicals regulations that have been or will be issued / implemented in 2019.
1. Notice on Soliciting Opinions on the Revision of the Hazardous Chemicals Catalog (2015 Edition) Implementation Guide (Trial)
On March 14, 2019, the Chemical Registration Center of the Ministry of Emergency Management issued a notice on soliciting opinions on amendments to the "Hazardous Chemicals Catalog (2015 Edition) Implementation Guide (Trial)", such as revisions to relevant regulations and classification information tables.
It is reported that the classification information of relevant units has been collected. Substances with the most feedback included monochlorodifluoromethane, succinonitrile, polystyrene beads [ease], and other related opinions on diesel, 70% principle, and 2828 items. The next step will be a public consultation on the revised Implementation Guide. The amendments to the "Hazardous Chemicals Catalog (2015 Edition) Implementation Guide" have been initially included in the 2020 key work of the Ministry of Emergency Management, and it is planned to be released in 2020.
2. Catalogue of Inland River Embargo Hazardous Chemicals (2019 Edition)
On May 24, 2019, the four ministries and commissions, such as the Ministry of Transport and the Ministry of Ecology and Environment, jointly released the Catalogue of Inland River Embargo Dangerous Chemicals (2019 Edition), which has been implemented since the date of release, and the Catalogue of Embargoed (2015 Edition) ( Trial) is abolished at the same time.
According to the new "Embargo Catalog", highly toxic and hazardous chemicals in the "Hazardous Chemicals Catalog" (2015 edition) are comprehensively banned, with a total of 148 chemicals; unstable explosives of hazardous chemicals in the "Dangerous Chemicals Classification Information Form" is totally banned, as a total of 1 chemical; prohibited chemicals in the International Maritime Organization lists are banned, a total of 7 chemicals; the current banned hazardous chemicals which endangering the aquatic environment-acute toxicity category 1 or endangering aquatic environment—Long-term hazards category 1 are banned totally, with a total of 148 chemicals (75 highly toxic and 73 non-toxic); embargoed hazardous chemicals in Embargoed Catalog (2015 Edition) (trial) which do not meet the above requirements, the transportation in bulk in the inland river is prohibited, a total of 85 chemicals.
According to the above statistics, after deducting duplicate chemicals, a total of 313 chemicals were banned, of which 228 were totally banned and 85 were banned from being transported in bulk.
3. "Measures for Public Security for Explosive and Hazardous Chemicals" (Ministry of Public Security Order No. 154)
On July 6, 2019, the Ministry of Public Security promulgated the "Administrative Measures for Public Security for Explosive and Hazardous Chemicals" and it will be implemented from August 10, 2019. Comprehensive supervision of the production, operation, storage, use, transportation and disposal of chemicals that are included in the identified and published list of explosive and hazardous chemicals by the Ministry of Public Security and can be used to make explosives.
According to the "Measures", special control measures should be taken for explosive hazardous chemicals, including: explosive hazardous chemicals companies should establish explosive hazardous chemicals information systems, and achieve interconnection and interoperability with the information systems of public security agencies ; explosive chemicals shall be purchased in accordance with legal certificates or required certification documents; explosive chemicals shall not sold to units and any individuals without a certificate or certification documents, and he purchaser's information should be truthfully record; special warehouses should be used for storage with public security prevention facilities; if there are special or unexpected situations during transportation, report to the public security; the public security and the operation company should implement electronic tracking and labeling management of explosive hazardous chemicals, and monitor and record flow of hazardous chemicals.
4. Occupational Exposure Limits for Hazardous agents in the Workplace Part 1: Chemical Hazardous agents (GBZ 2.1-2019)
On August 27, 2019, the National Health Committee issued the compulsory national occupational health standard " Occupational Exposure Limits for Hazardous agents in the Workplace Part 1: Chemical Hazardous agents " (GBZ 2.1-2019), which will be Effective from 1st April 2020. GBZ 2.1-2007 will be abolished at the same time.
Compared with the previous GBZ 2.1, the new standard has been revised and improved. The main technical changes are as follows: 6 normative references are added (GBZ / T 300, GBZ / T 192, etc.). 9 concepts related to occupational contact or definitions are added. Occupational exposure limits for 28 chemical harmful factors are revised; Chinese or English names of 8 chemical substances and CAS numbers of 8 substances are adjusted. Sensitization marks of 16 substances, skin marks of 4 substances and carcinogenicity marks of 14 substances are added. carcinogenicity marks of 7 substances are adjusted.
5. Catalogue of Specially Controlled Hazardous Chemicals (First Edition) (Consultation Draft)
On October 16, 2019, the Ministry of Emergency Management issued a notice for soliciting opinions on the " Catalogue of Specially Controlled Hazardous Chemicals (First Edition) ", which was jointly drafted by the MEM, MPS and other departments to implement the requirements of the Comprehensive Safety Management Plan for Hazardous Chemicals (Guobanfa [2016] No. 88), and to learn lessons from particularly serious fire and explosion accidents. the life-cycle management of hazardous chemicals will be strengthened, and major accidents is to be effectively prevented.
The catalog covers a total of 20 hazardous chemicals in four categories (explosive chemicals, toxic chemicals, flammable gases, and flammable liquids) including ammonium nitrate, methyl isocyanate, ethylene oxide, and ethanol. The main hazards of these chemical are described. Controlling measures for such hazardous chemicals include: construction of an information platform, implementation of full life cycle information retrospective control; implementation of unified and standardized packaging management; strict access to safe production; strengthening of transportation management; implementation of storage set management, etc.
After the consultation period, the official version (the first version) of the catalogue may be released and implemented in 2020. At that time, if the company is involved in such hazardous chemicals, it will need to comply with relevant regulations.
6. "Identification Standards for Hazardous Waste - General Principles" and "National Hazardous Waste Inventory (Revised Draft)" (draft for comments)
Hazardous waste disposal has always been a more difficult issue in the production and management of enterprises. The Ministry of Ecology and Environment released the National Hazardous Waste Inventory (Revised Draft) (draft for comments) and Identification Standards for Hazardous Waste - General Principles (GB 5085.7-2019) on September 5 and November 12, respectively.
The new "Inventory" is a revision of the 2016 edition of "Inventory". The main amendments include: the content has been changed from 9 items to 7 items; the appendix "National Hazardous Waste Inventory" has been revised. Add 7 types of hazardous wastes, delete 7 types of hazardous wastes, and reduce 8 types of hazardous wastes in combination; revised the appendix "Hazardous Waste Exemption Management List" and added 13 types of hazardous wastes.
After the revised draft was solicited, the Ministry of Ecology and Environment further revised and improved it based on the feedback from the various units. The National Hazardous Waste Inventory (Revised Draft) (draft for comments -2) were released on 30 Dec, 2019. The official version of the new National Hazardous Waste inventory is expected to be released and implemented in 2020.
Identification Standards for Hazardous Waste - General Principles (GB 5085.7-2019) is the first revision since it has been implemented for 12 years. The main points of the amendment include: adding or modifying certain terms and definitions; further clarifying the identification procedures; further refined the rules for the determination of hazardous wastes after mixing, utilization and disposal. In addition, the accompanying Technical Specification for Hazardous Waste Identification (HJ298-2019) was also revised simultaneously, and the previous recommended standard was changed to a mandatory standard. Both standards will be officially implemented from January 1, 2020.
7. " Measures for the Safety Management of Road Transport of Dangerous Goods" (MoT Order No. 29 of 2019)
On November 10, 2019, the six ministries and commissions, including the Ministry of Transport and the Ministry of Industry and Information Technology, jointly issued the Measure and officially implemented from January 1, 2020. The "Measures" are designed to effectively prevent road transport accidents of dangerous goods and protect the lives and property of the people.
Some specific management measures in the "Measures" include: in terms of strengthening the safety management of the loading stage, a loading inspection system has been established in view of the lax control of the filling stage and illegal transportation tolerated in production and operation enterprises. "5 check" (respectively: whether the vehicle has a valid driving license and operating permit; whether the driver and the escort have valid qualification documents; whether the transport vehicle is within the valid period of inspection; whether the loaded dangerous goods are consistent in accordance with the waybill; whether the charged dangerous goods are within the list of suitable media for tanks, etc.) should be followed by shippers. Those that do not meet the requirements shall not be filled or loaded.
In terms of strengthening the safety management of the transportation process, dangerous goods transportation vehicles should not be affiliated, a dangerous goods waybill system should be established, the responsibility of routine inspection, safety notification and vehicle dynamic monitoring should be done by the transportation enterprises.
In terms of unified vehicle traffic management policies, in view of the inconsistencies in the management policies of hazardous chemicals transportation vehicles in various places, the public security can restrict the hazardous chemicals vehicles in 5 specific areas, roads and time periods, and determine the need to restrict the transportation of hazardous chemicals. For vehicles using the expressway, the time limit should be between 00:00 and 6:00.
The Measures clarify the supervision responsibilities and cooperation requirements of various departments. According to the "Regulations on Road Transport", "Measures on the Safety Management of Hazardous Chemicals" and other relevant regulations and the "three fixed" responsibilities of relevant departments, the management system for supervision and inspection according to responsibilities was clarified. The Ministry of Transportations will carry out training of the "Measures" for supervisors and enterprises, and will focus on the implementation of "electronic waybills" from 2020 to strengthen the supervision and approval of dangerous goods transport access, while regulating normal pressure tankers, and further promote the information-based supervision of dangerous goods transportation.
8. “List of Strictly Restricted Toxic Chemicals in China” (2020)
On December 31, 2019, the Ministry of Ecology and Environment issued a notice of "List of Strictly Restricted Toxic Chemicals in China" (2020), which will be implemented from January 1, 2020. The announcement also attached the instructions for handling the "Notice of Environmental Management Release of Import Toxic Chemicals" and the instructions of "Notice of Environmental Management Release of Export Toxic Chemicals ", detailing the registration conditions, application materials, accepting units, and later supervision.
The "List" lists 8 types of chemicals including tributyltin compounds and mercury, including substances controlled by the Stockholm Convention, the Mercury Convention, the Rotterdam Convention and related amendments. The permit use of each type chemical is stipulated.
The supervision of hazardous chemicals has always been the top priority of the state's supervision of chemicals, and the introduction of various regulations and policies in recent years has clearly reflected this. The promulgation of the "Hazardous Chemicals Safety Law of the People's Republic of China (Draft for Soliciting Opinions)" in 2020 promotes the management of hazardous chemicals to the legal level based on the safety of people's lives and property. The introduction of new regulations may increase the difficulty of corporate compliance and consume some manpower and resources, but at the same time, it will enable companies to have laws and evidence to follow in actual operations, and to avoid many potential risks. Only by doing a good job of product compliance in advance, can the company operate and develop better and better in the future.
1. “Catalogue of Inland River Embargo Hazardous Chemicals (2019 Edition) ”
2. "Measures for Public Security for Explosive and Hazardous Chemicals"
https://www.mps.gov.cn/n6557558/c6622046/content.html
3. “Occupational Exposure Limits for Hazardous agents in the Workplace Part 1: Chemical Hazardous agents (GBZ 2.1-2019) ”
http://www.nhc.gov.cn/fzs/s7852d/201909/7abe11973e2149678e4419f36298a89a.shtml
4. “Catalogue of Specially Controlled Hazardous Chemicals (First Edition) (Consultation Draft) ”
https://www.mem.gov.cn/hd/zqyj/201910/t20191018_337802.shtml
5. “National Hazardous Waste Inventory (Revised Draft) ”
draft for comments：http://www.mee.gov.cn/xxgk2018/xxgk/xxgk06/201909/t20190910_733172.html
draft for comments 2: http://www.mee.gov.cn/xxgk2018/xxgk/xxgk06/202001/t20200103_757138.html
6. "Identification Standards for Hazardous Waste - General Principles"（GB 5085.7-2019）
http://www.mee.gov.cn/ywgz/fgbz/bz/bzwb/gthw/wxfwjbffbz/201911/t20191115_742622.shtml
7. “Measures for the Safety Management of Road Transport of Dangerous Goods”
http://www.mot.gov.cn/zhengcejiedu/weihuoysgl/xiangguanzhengce/201911/t20191129_3303036.html
8. List of Strictly Restricted Toxic Chemicals in China (2020)
http://www.mee.gov.cn/xxgk2018/xxgk/xxgk01/201912/t20191231_756318.html