Cur r ent Situation of theManagement of Chemicals in China

Depar tment of Pollution Contr ol
State Envir onmental Pr otection Administr ation
Yu Fei
20071108

Contents! Current situation! Management philosophy for the nextstage
! Latest development

Cur r ent situation!

The Chinese Government attaches great importance on themanagement of chemicals and promulgated a series of regulations,policies and standards and has primarily developed chemical
regulation and policy system in China.

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At present, environmental management of chemicals has been
applied in the whole process with risk management.

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Carry out general investigation on key sources and enhancecapacity building and fundamental work.

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Increasing disclose relevant information. Advocate and implement
the management strategy integrating !safety, health and theenvironment" in terms of industrial and corporate management.

System of Laws and Regulations of theManagement of Chemicals
NPCLaws
The State Council
Administr ative Regulations
Ministr ies and Committees under the State Council

Depar tmental Regulations
Local Gover nment and Related Agencies
Local Regulations
Related National and Local Depar tments
National, Industr ial and Local Standar ds

Laws Concer ning the Management of Chemicals!
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Environmental Protection Law of the People#s Republic of China (Amendedin 1989)
Law of the People#s Republic of China on the Prevention and Control ofAtmospheric Pollution (Amended in 2000)
Law of the People#s Republic of China on the Prevention and Control of
Water Pollution (Amended in 1996)
Law on Prevention and Control of Environmental Pollution Caused by SolidWaste (Amended in 2004)
Law on Environmental Impact Assessment of the People#s Republic ofChina (2002)
Law of the People#s Republic of China on the Prevention and Treatment ofOccupational Diseases (2001)
Production Safety Law of the People#s Republic of China (2002)
Law on the Promotion of Clean Production of the People#s Republic ofChina (2002)
Food Hygiene Law of the People#s Republic of China (1995) <concerning
food additives>
Fire Control Law of the People#s Republic of China (1998) <concerning
flammable and explosive chemicals >Administr ative Regulations Concer ning theManagement of Chemicals
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Regulations on Safe Management of Hazardous Chemicals (revised in 2002)- List of Dangerous Goods (GB12268), Catalog of Hazardous Chemicals(2002 edition), List of Highly Toxic Chemicals (2002 edition), List ofHighly Poisonous Chemicals (2003 edition).
Administrative Regulations of the People#s Republic of China on Pesticides(revised in 2001)
Pharmaceutical Administration Law of the People#s Republic of China(amended in 2001)
Administrative Regulations of the People#s Republic of China on
Veterinary Medicine (revised in 2004)
Regulations of the People#s Republic of China on. the Administration ofControlled Chemicals (1995) - Catalogue of Controlled Chemicals
Regulation on Management of Drug-Making Chemicals (2002) - Catalogueof Drug-Making Chemicals
Regulations on Industrial Product Manufacturing Permission License (2005)

Depar tmental Regulations Concer ning theManagement of Chemicals!

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Regulations for Environmental Management on the First Import ofChemicals and the Import and Export of Toxic Chemicals (1994) - List ofToxic Chemicals Banned or Severely Restricted in the People#s Republicof China
Provisions on the Environmental Administration of New Chemical
Substances (2003) - Inventory of the Existing Chemical Substances inChina
Measures for the Prevention and Control of Environment Pollution byDiscarded Dangerous Chemicals (2005)
Measures for The Administration of Registration of Hazardous Chemicals(2002)
Measures for the Administration of Operating Licenses for Hazardous
Chemicals (2002)
Measures for the Administration of Designated Production of the Packageand Containers of Hazardous Chemicals (2002)
Measures for the Administration of Licenses for the Purchase and Road
Transportation of Highly Toxic Chemicals (2005)
Regulations for Management of Road Dangerous Freight (2005)

Standar ds Concer ning the Management ofChemicals
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The Guidelines for the Hazard Evaluation of New Substances (HJ/T154-2004)
The Guidelines for the Testing of Chemicals ( HJ/T153-2004)
The Guidelines of Chemical Testing Good Laboratory Practices ( HJ/T1552004)
Classification and Labeling of Commonly Used Dangerous Chemicals (GB13690-92)
General Rules for the Preparation of Chemical Safety Data Sheet (GB164831996)
Rule for Storage of Chemical Dangers (GB15603-1995)
General Specifications for Transport Packages of Dangerous Goods(GB12463-90)
Standard for Pollution Control on Hazardous Wastes Incineration (GB184842001)
Standard for Pollution Control on Hazardous Wastes Storage (GB18597-2001)
Standard for Pollution Control on the Security of Landfill Site for Hazardous
Wastes (GB18598-2001)

Industr ial List Concer ning the Managementof Chemicals" Catalogue for the Guidance of Industrial Structure

Adjustment (2005)

Management of New Chemical Substances-- Pr ovisions on the Envir onmental Administr ationof New Chemical substances
The Provisions is the No. 17 Decree in 2003 of SEPA. It wasenacted on September 12 of 2003 and took effect on October
15 of the same year. The promulgation of the Provisions
serves as a milestone in the field of environmental
management of chemicals in China.
! Background# Control at the source, enhance environmental risk
management of chemicals# Honoring the commitment China has made following its
accession into the WTO# Getting compatible with international standards!

Management of New Chemical Substances-- Pr ovisions on the Envir onmental Administr ationof New Chemical substances
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Inventory of Existing Chemical Substances in China (IECSC) was initiatedin December of 1994 and was supplemented upon application five times in1996, 1999, 2001, 2002 and 2003 respectively. Presently the IECSC covers
around over 45,000 kinds of chemical substances.
A range of guidelines were issued including the Guidelines for the Testingof Chemicals, the Guidelines for the Hazard Evaluation of New Substances
and the Guidelines of Chemical Testing Good Laboratory Practices, alltaking effect from June 1 of 2004.
The New Chemical Substance Notification Guideline has been formulated.
An Expert Committee on the Environmental Management on New
Chemical Substances is established to take charge of the registration andreview of new chemical substances.
The Committee so far has a pool of 39 experts from related sectors.
qualified domestic eco-testing laboratories were publicizedEnvir onmental Management on the Impor t and Expor t of Toxic
Chemicals-- Regulations for Envir onmental Management on the Fir st Impor t ofChemicals and the Impor t and Expor t of Toxic Chemicals!

The Regulations was issued by the former National Environmental
Protection Agency, the former Ministry of Foreign Trade and Economic
Cooperation and the General Administration of Customs and took effectfrom May 1 of 1994.

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Background# Implementing the voluntary prior informed consent procedure (PIC)

contained in the London Guidelines for the Exchange of Information onChemicals in International Trade# Practicing the Regulations on Safe Management of Hazardous

Chemicals

Envir onmental Management on the Impor t and Expor t ofToxic Chemicals-- Regulations for Envir onmental Management on the Fir st Impor t ofChemicals and the Impor t and Expor t of Toxic Chemicals!

List of Toxic Chemicals Banned or Severely Restricted in the People#s
Republic of China (the First Group) (including 27 types)!

In a bid to intensify the management over the import of mercury, SEPA andthe General Administration of Customs jointly issued the Announcement onMercuric Sulfide Being Listed in the List of Toxic Chemicals Banned orSeverely Restricted in China (SEPA Document No. 166[2003]), and theAnnouncement was put into effect from October 15 of 2003.

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Regarding the implementation of the PIC Convention, SEPA and theGeneral Administration of Customs jointly released the No. 29
Announcement in 2005 for the supplement of the List of Toxic Chemicals
Banned or Severely Restricted in the People#s Republic of China (the SecondGroup) (including 7 types), and the Announcement was put into effect fromJuly 10 of 2005.

Envir onmental Management on the Impor t and Expor t of Toxic Chemicals-- Regulations for Envir onmental Management on the Fir st Impor t ofChemicals and the Impor t and Expor t of Toxic Chemicals!

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At the end of 2005, SEPA, together with the General Administration ofCustoms made some adjustment to the list of imported and exported
chemicals under restriction by enacting the new edition of the Catalogue for
Severe Restriction of Imported and Exported Toxic Chemicals of China,
which was effective on January 1 of 2006.
At the end of 2005, SEPA, the Ministry of Commerce and the General
Administration of Customs jointly adjusted the list of banned chemicals forimport and export by releasing the Catalogue of Commodities Forbidden toImport (the Sixth Batch) and the Catalogue of Commodities Forbidden toExport (the Third Batch), both taking effect from January 1 of 2006.
SEPA and the General Administration of Customs jointly issued the No. 80
Announcement in 2006 for the revision of the Catalogue for Severe
Restriction of Imported and Exported Toxic Chemicals of China, which tookeffect from January 1 of 2007. This revision is mainly for revising the custom
code of the chemicals included in the said Catalogue based on theHarmonized Commodity Description and Coding System (HS) (2007 Edition)of the World Customs Organization (WCO) and further includes three newcompounds in the Rotterdam Convention into the Catalogue.

Management of Discar ded Hazar dous
Chemicals! Measures for the Prevention and Control ofEnvironment Pollution Caused by Discarded
Hazardous Chemicals (2005)! Measures for the Administration of Registration ofHazardous Waste (2004)! Measures for the Administration of Duplicate Formfor the Transfer of Hazardous Waste (1999)! The National Catalogue of Hazardous Wastes (1998)

Management of Discar ded Hazar dous
Chemicals!

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Oper ation of discar ded dangerous chemicals# The environmental protection bureaus above the provincial level taking charge of issuingthe operational license of discarded dangerous chemicals# Encouraging the units producing dangerous chemicals to recycle and dispose thediscarded chemicals of the same kind as their products
Disposal requirements to enter pr ises being closed down, suspended of oper ation,
mer ging with other enter prises or switching to other pr oducts# Properly handling the discarded, warehoused dangerous chemicals and equipment# Checking the soil and groundwater of the premise and compiling the environmental risk
assessment report# Compiling and performing the environmental restoration plan if any pollution of thepremise has been made and entrusting professional checkup organs to do the checkup
after the environmental restoration
Collecting or paying the fees for the disposal of discar ded dangerous chemicals andbearing the r esponsibility for the disposal# Submitting the discarded dangerous chemicals taken over to professional organs for
disposal# The department responsible for taking over the chemicals shall take charge of collecting
the disposal fees. In case there is no clearly identified person for the chemical or thechemical is submitted by the public, the receiving department of the chemical shouldapply for the disposal fee to the financial department at the same level.

Management of the Dischar ge of Lab
Pollutants!
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SEPA and Ministry of Education jointly issue document to improve thepollution discharge situation of labs in universities and colleges.
Strictly implement the notification and registration system for the discharge ofpollutants, monitoring & disposal of the pollution by hazardous waste,environmental management of new chemicals, etc.
Advocate the application of alternative products, high reuse rate products andlow-pollution products. Take such measures as minimum use and effective
control of pollution, classified collection and treatment.
Encourage the establishment of information sharing and reagent exchangemechanism.
Enterprises are encouraged to pass environmental management certification
system.
Set up an emergency response system and reporting mechanism.

GHS
China has clearly stated that as a UN member, it will
implement GHS in 2008.
! National Standardization Committee issued 26 national
standards on Oct.24, 2006, which are put into effect as of Jan.1,2008.
! 12 national standards are under comment soliciting stage.
! Trial work on packaging and labels is carried out in ports like
Qingdao, which provides importers & exporters with free GHS
classification labels, who voluntarily take and use the labels! Figures and warnings complying with GHS standard are
painted or hanged in all gas stations, vehicles and facilities thattransport or store oil, LPG and natural gas across China.
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Infor mation Disclosur e! Measures for the Administration of Environmental

Statistics (SEPA Decree No. 37) (enacted on November 4of 2006 and effective on December 1 of 2006) stipulates
that the relevant functional organizations of thecompetent environmental protection administrative
departments at all levels should submit the survey results(including the material and data surveyed and gathered)obtained from the statistical survey conducted within its
business scope before the set time limit to environmental
statistical organs. The environmental statistical results
should be integrated into the environmental statisticalyear book or environmental statistical materials in otherforms for unified releasing to the public.

Par ticipation of Stakeholder s
Par ticipation in the development of policies & r egulations
According to legislation procedure of China, the developmentof environmental laws, regulations and standards involves
soliciting comments. That is, the draft laws, regulations orstandards will be made public at media to widely solicit thecomments of various stakeholders, including publicopinions.
! Par ticipation in the r eview & appr oval of constr uction
pr ojects# SEPA promulgated the Provisional Measures on theHearing of Administrative Permit on Environmental
Protection in 2004. It promulgated the Provisional
Measures on Public Participation in EIA on Feb.14, 2006
(put into effect as of March 18, 2006). The two measures
clearly require that the State encourage public participation
in EIA.
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Voluntar y Actions!

The initiation of environmentally-friendly enterprises since2003# Establishing a batch of enterprise models featuring highS&T components, sound economic turnover, low resource
consumption, light environmental pollution and both
environmental and economic benefits to promote thepractice of clean production among enterprises, deepen theprevention and control of industrial pollution and get onto
the path of new industrialization# 38 designated state-level environmentally-friendly
enterprises distributing in 18 provinces, municipalities anddistricts across the country covering a dozen of industriesof chemicals, petroleum, building material, energy, ironand steel and automobiles, etc.

Contents! Current situation! Management philosophy for the nextstage
! Latest development

Management Philosophy!

Carry out the whole-process control and risk tracking management
principles!

Based on national conditions, learn successful international
experience and set up well-established chemical environmental
management system that follows international practice!

Focus on the management & control of chemicals imposing serious
threats to public health and the environment.

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In conformity with existing Chinese laws & regulations onenvironmental protection and special laws & regulations onchemicals.

Focus of Management!
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Improve the regulation and policy system
Enhance capacity building, establish the environmental
management system and its team, make more efforts insupervision and law enforcement.
Strengthen fundamental work, carry out general and focusedinvestigations and improve the capacity in management andtechnical support.
Improve self discipline of enterprises, enhance public
participation and supervision.
Meet the obligations in implementing the Stockholm
Convention and Rotterdam Convention
Further strengthen international cooperation and exchanges andcontinuously promote regional and bilateral cooperation.

Existing Systems" New chemicals registration system" Assessment system for environmental risks of chemicals" Notification & transfer registration system for chemicalpollutants" Chemicals import & export registration system" Management & disposal of waste hazardous chemicals"

Environmental risk deposit/insurance system for chemicalaccidents"

Prevention & emergency response system for theenvironmental risks of sudden chemical accidents

Contents
Current situation! Management philosophy for the nextstage! Latest development!

Latest Development & Existing Wor k! Speed up environmental legislation on chemicals

Carry out national census on pollution sources! Conduct national census on POPs sources combined withthe implementation of international conventions! Expand the openness of environmental information! Improve the management on new chemicals! Enhance the import & export management of toxic
chemicals! Relevant supporting regulations!

National Census on Pollution Sour ces! No.508 Order of the State Council!Regulations on Census of Pollution Sources"(promulgated and put into effect as of Oct.9,
2007)! National investigation on pollution sources

National investigation on POPs sour ces! Comply with the requirements of international

conventions.
! Focusing on key industries, enterprises andpollutants with staged implementation.
! Based on investigation findings, strengthen theefforts in supervision, management andphasing out.

Expand the Disclosur e of Envir onmental
Infor mation!

Regulations on the Disclosure of Environmental Information(Trial) [No.35 Order of SEPA (Issued on April 11, 2007 and put
into effect as of May 1, 2008)] requires:# Principle: Government department-Fair, justice, convenient topeople and objective
Enterprises- Voluntary combined with compulsory
measures# Type: Government environmental information; corporate
environmental information# Scope: Government disclose 17 types of information
Enterprises disclose 9 types of information on
voluntary basis and 4 types of information on
compulsory basis.

Impr ove the management on notification of new
chemicals! Establish the Second Expert Review Committee! Expand the expert coverage of relevant industries! Issue 2007 List of Existing Chemicals! Make public the name of 17 testing labs

Str engthen impor t & expor t management of toxic
chemicals
Official networking of E-port of customs and thereview and approval by SEPA the import & export oftoxic chemicals on Oct.1, 2005
! Officially carrying out on-line application (beginningfrom May of 2007)! No. 80 Circular of SEPA and General Administrationof Customs on the Revision of the Catalogue of Toxic
Chemicals under Strict Import & Export Constraint (putinto effect as of Jan.1, 2007.
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Relevant Regulations! Regulations on the Prevention and Control ofEnvironmental Pollution by Electronic Waste [No.40
Order of SEPA issued on September 27, 2007 and put
into effect as of Feb 1, 2008] requires:# supervision and management on the dismantling,utilization and disposal of e-waste# responsibility of stakeholders (producer, importerand marketer)# management of (provisional) list
# Relevant chemicals: Pb, Hg, Cd, hexavalentchromium, PBB and PBDE, etc.

Thank You !