Interpretation of the "Decision on Repealing the Regulations and Normative Documents of Some Environmental Protection Departments"

It was recently learned that on July 15, the Ministry of Environmental Protection issued an interpretation of the "Decision on Repealing the Regulations and Normative Documents of Certain Environmental Protection Departments." The interpretation mentioned that during the document clean-up work, the Ministry of Environmental Protection totally abolished 10 departmental regulations. The mode of environmental management of hazardous chemicals is being adjusted. The “Registration of Environmental Management of Hazardous Chemicals (Trial)” is no longer appropriate... The specific interpretation is as follows:
In order to comprehensively deepen reforms and promote sound and rapid economic and social development in China, we will promptly reflect the changes in the functions of departments, promote the administration of the government in accordance with the law, and ensure the unification of the socialist legal system, in accordance with the relevant matters concerning the rectification of the rules and documents of the administrative regulations and departments in accordance with the General Office of the State Council. The Ministry of Environmental Protection has cleaned up all departmental regulations and regulatory documents and decided to abolish 10 departmental regulations and 121 normative documents. In order to facilitate environmental protection departments at all levels and all walks of life to properly understand the department's regulations and document cleanup work, this reporter interviewed Bi Tao, the deputy director of the Department of Policy and Regulation of the Ministry of Environmental Protection.
Q: What are the standards for repealing these regulatory and regulatory documents?
Answer: In accordance with the principle of the lower law, the Ministry of Environmental Protection shall repeal the following types of regulations and normative documents: First, it is not conducive to steady growth, reform, structural adjustment and people’s livelihood; second, the main content is the same. The provisions and spirit of the current effective laws and administrative regulations are inconsistent and inconsistent; the third is with a marked planned economy, with no separation of government and enterprises, no separation of political affairs, separation of government and society, inability to meet the requirements of the socialist market economy, and Conforms to the rules of the World Trade Organisation (WTO) and the impediments to the socialist unified market economic operation rules, which obviously do not meet the actual needs; Fourth, there are new regulations, or the object of adjustment has disappeared, the work task has been completed, the application period has expired, etc. No need to continue.
Taking into account the convergence problem after the abolition, the regulations and documents that are not covered or not covered by subsequent laws and regulations or related regulations are not included in the scope of this revocation.
Q: What documents are regulatory documents?
A: The “Regulations on Environmental Protection Documents” mainly refers to the regulations of the Ministry of Environmental Protection (including the State Environmental Protection Administration and the State Environmental Protection Administration) for the implementation of environmental protection laws, regulations, rules, and regulatory documents of the State Council. It is established in accordance with statutory authority and procedures. It also published documents concerning the rights and obligations of environmental protection management counterparts, which are universally binding and can be applied repeatedly.
The State Council forwards the documents of the State Council, formulates the documents governing the internal work management system of the department, and publishes the documents for the inspection and deployment of specific business work. The cleanup is not handled in accordance with the normative documents.
Q: What regulations were abolished and why they were abolished?
A: During the document clean-up work, the Ministry of Environmental Protection has abolished 10 departmental regulations, which are:
The "Administrative Measures for Radioactive Waste in Cities" was published on July 16, 1987. It mainly stipulates the main responsibility, receipt and transportation requirements, supervision and management, fees, rewards and punishments for radioactive waste and radioactive sources. After nearly three decades of implementation, many of the contents have been out of line with the actual situation, and are inconsistent with the current radioactive waste management policy, which cannot meet the current need for radioactive waste supervision. In June 2003, the Standing Committee of the National People's Congress formulated the "Law on the Prevention and Control of Radioactive Pollution." Chapter VI of the Regulations specifically stipulated the contents of radioactive waste management. In March 2012, the State Council issued the "Regulations on the Safety of Radioactive Waste Management", which regulates radioactive waste. Principles, departmental supervisory responsibilities, waste management, radioactive waste disposal, storage, and disposal activities have been set out in more specific terms; the Ministry of Environmental Protection formulated the "Administrative Measures for the Licensing and Disposal of Radioactive Solid Wastes" in December 2013 ( Ministerial Decree No. 25). The "Administrative Measures for Radioactive Waste in Cities" is obviously inconsistent with the above-mentioned laws and regulations and should not be implemented. Radioactive waste management will be implemented in accordance with relevant laws and regulations.
The Interim Provisions on the Administration of Environmental Protection of Waste Imports and the Supplementary Provisions on the Interim Provisions on the Administration of Environmental Protection of Waste Imports were issued on April 1, 1996 and July 26, 1996, mainly stipulating the import of waste activities and their environmental supervision and management. content. In December 2004, the Standing Committee of the National People's Congress revised and passed the Law on the Prevention and Control of Environmental Pollution Caused by Solid Waste, and established special provisions for the import of solid waste. In April 2015, the provisions on the import of solid waste were amended. On April 8, 2011, the Ministry of Environmental Protection and the relevant departments issued the "Administrative Measures for the Import of Solid Waste" (Ministry of Environmental Protection, Ministry of Commerce, Development and Reform Commission, General Administration of Customs, and General Administration of Quality Supervision, Inspection and Quarantine Order No. 12) on solid wastes. The specific provisions were made in the aspects of import license management, inspection and quarantine and customs procedures, supervision and management, and penalties. The contents of the Interim Provisions on the Administration of Environmental Protection of Waste Imports and the Supplementary Provisions on the Provisional Regulations on the Administration of Environmental Protection of Waste Imports have been comprehensively covered or replaced and will not be implemented in practice.

The “Straw-burning and Comprehensive Utilization Management Measures” was promulgated on April 16, 1999 and was jointly formulated by the former State Environmental Protection Administration, the Ministry of Agriculture, the Ministry of Finance, the Ministry of Railways, the Ministry of Communications, and the State Administration of Civil Aviation, and mainly stipulated the straw incineration region. , departmental responsibilities, comprehensive utilization, and legal responsibilities. In August 2015, the Standing Committee of the National People's Congress revised the Law on the Prevention and Control of Atmospheric Pollution and made major adjustments to the contents of straw ban burning. The regulations of the "Straw-ban ban and comprehensive utilization management measures" are inconsistent with the new "Air Pollution Prevention and Control Law", in particular the subject of punishment and the authority of punishment. For example: Article 8 of the "Straw-flammable and Comprehensive Utilization Management Measures" stipulates that in case of burning straw in violation of regulations, the environmental protection department shall order it to make corrections and impose a fine of not more than 20 yuan. The new Air Pollution Prevention and Control Law clearly stipulates that if straws are burned in violation of the regulations, the supervision and administration department determined by the local people's government at or above the county level shall order them to make corrections and may impose a fine of 500 to 2,000 yuan. Therefore, there is a clear conflict between the "Straw ban on burning and comprehensive utilization management measures" and the superior method, and it is not appropriate to continue to implement it. The abolition of the "Straw-flammable and Comprehensive Utilization Management Measures" does not mean that the ban on straw burning and comprehensive utilization will no longer continue. In accordance with the new “Air Pollution Prevention and Control Law” and the division of responsibilities of the departments, straw ban will be transferred to the local government for more responsibility, and the local government will strictly supervise it in accordance with the Law on the Prevention and Control of Atmospheric Pollution; while the comprehensive utilization of straw will mainly be implemented in the national development and reform. The relevant provisions of the Commission and the Ministry of Agriculture and other departments.

The "Measures for the Monitoring of Pollution Sources" was promulgated on November 2, 1999. It mainly stipulates the division of responsibilities, pollution source monitoring networks, monitoring requirements, supervision and management, data applications, and legal responsibilities. In 2007, the State Council issued the "Monitoring Measures for Total Pollutant Emissions Reduction of Major Pollutants", which includes pollution source monitoring as part of the construction and operation of a monitoring system for total pollutant emission reduction of major pollutants, and incorporates assessments of total emission reductions to provide total services. Emission reduction work. In 2013, according to the actual work situation and needs, the Ministry of Environmental Protection issued the "State Monitoring and Monitoring Enterprise's Pollution Source Monitoring and Information Disclosure Measures (Trial)" and "State Monitoring Enterprises Self-Monitoring and Information Disclosure Procedures (Trial)" to further integrate Regulate pollution source monitoring work. The "Environmental Protection Law" revised in 2014 also puts forward new requirements for the disclosure of pollution source monitoring information. The relevant contents of the “Management Measures for Pollution Source Monitoring” have been replaced by the above new regulations and will not be implemented in practice.

The "Administrative Measures on Pollution Prevention of Livestock and Poultry Farming" was released on May 9, 2001. It focuses on the pollution of livestock and poultry farms, and regulates the scope of bans, environmental assessment requirements, emission standards, pollution prevention, comprehensive utilization, and legal responsibilities. . In October 2013, the State Council promulgated the Regulations on the Prevention and Control of Pollution Caused by Animal Husbandry and Animal Husbandry, and made specific provisions on the prevention and control of livestock and poultry breeding pollution. The relevant provisions of the "Administrative Measures on Pollution Prevention of Livestock and Poultry Farming" have been covered. Many regulations in the "Pesticide Pollution Prevention and Control Measures for Livestock and Poultry" are inconsistent with the "Regulations on Prevention and Control of Pollution Caused by Scale Breeding of Livestock and Poultry" and are no longer suitable for implementation. Pollution prevention and control of livestock and poultry farming will be implemented in accordance with relevant laws and regulations.

The "Administrative Measures on the Licensing of Key Water Pollutants Emitted from the Huaihe River and the Taihu Lake Basin (Trial)" was released on July 2, 2001. It mainly implements discharges of pollutant discharge units within the total control areas of key water pollutants discharged from the Huaihe River and the Taihu Lake Basin. The key water pollutant permit system has made regulations. The scope of the licenses specified in the Measures is only for the control areas for the discharge of key water pollutants in the Huaihe River Basin and the Taihu Lake Basin. It is inconsistent with the scope of issuance set out in the 2008 Water Pollution Prevention and Control Act and should not be continued. After the "Agreement" is repealed, related work will be carried out in accordance with the "Water Pollution Prevention Law", "Water Pollution Prevention Action Plan" and local regulations.

The "Measures for the Prevention and Control of Environmental Pollution from Waste Hazardous Chemicals" was published on August 30, 2005. It mainly stipulates the environmental management requirements and legal responsibilities for the production, storage, collection, transportation, transfer, and disposal of waste hazardous chemicals. Waste hazardous chemicals are hazardous wastes. The requirements for the management of discarded dangerous chemicals in the Measures for Prevention and Control of Environmental Pollution from Waste Hazardous Chemicals are basically the same as the requirements of the Law on the Prevention and Control of Environmental Pollution Caused by Solid Wastes and the Administrative Measures for the Operation License of Hazardous Waste issued by the State Council. Performed in accordance with the provisions of the upper law. In addition, the “Measures for the Prevention and Control of Environmental Pollution from Waste Hazardous Chemicals” stipulates that where discarded hazardous chemicals cause contaminated sites, they shall submit environmental restoration plans to the environmental protection agencies at or above the county level for approval. There is no basis for the approval of this item, and the “Decision of the State Council on the Cancellation of the Second Batch of 152 Implementation of Administrative Examination and Approval Matters Arranged by the Central Government” (Gufa [2016] No. 9) has cancelled this approval.

The “Timely Governance Management Measures (Trial)” was published on July 8, 2009, and mainly stipulated the circumstances of the deadline management, implementation procedures, and so on. Limited time governance is a temporary and transitional management system for environmental management in a specific period of time, which is no longer suitable for current environmental management requirements. The "Environmental Protection Law" revised in 2014 and the "Air Pollution Prevention Law" revised in 2015 are the measures for dealing with violations of excessive standards in excess of the total amount, which are restrictions on production and suspension of production. In December 2014, the Ministry of Environmental Protection issued the “Measures for Restricting Production and Restricting Production by the Competent Authorities for Environmental Protection” (Ministerial Decree No. 30), which stipulates regulations on restricting production and stopping production and rectification of violations that exceed the standards and super-quantities. This regulation can replace the "Regulations on Time Management Measures (Trial)".

The “Registration Measures for Environmental Management of Hazardous Chemicals (Trial)” was published on October 11, 2012. It mainly stipulates the contents of production and use of hazardous chemicals, environmental management registration of import and export, and regulatory requirements. The State Council’s “Decision on Cancellation of the Second Batch of 152 Implementation of Administrative Examination and Approval Matters Arranged by the Central Government” (Gufa [2016] No. 9) abolished the core system of the “Regulations on the Registration of Hazardous Chemicals Environmental Management (Trial)”, namely “Dangerous Chemistry”. Production and use of environmental management registration certificates issued." At present, the mode of environmental management of hazardous chemicals is being adjusted. It is no longer appropriate for the “Registration Measures for Environmental Management of Hazardous Chemicals (Trial)” to continue.

Q: For what reasons did the 121 repealed normative documents be abolished?

A: The repealed 121 normative documents can be broadly categorized into the following categories: The main content is inconsistent with and inconsistent with the provisions and spirit of current effective laws and administrative regulations, such as the "Strengthening the Supervision and Administration of the Environmental Protection of Listed Companies" "Guiding Opinions"; obviously does not meet the current management requirements or does not meet the actual needs, such as the "Notice on Issues Concerning the Monitoring and Management of the Acceptance Check of Environmental Protection Facilities for Construction Projects"; there are new regulations, such as "Improvement of Environmental Impact Assessment Organizations and Practices." “Notice of Personnel Management”; the objects of adjustment have disappeared, such as “Notice on Clear Issues concerning the Administrative Measures for Safety Isotopes of Radioactive Isotopes and Radioactive Devices”; the task has been completed and the application period is full, etc. Further notices will be made on the implementation of the state-controlled key pollution source automatic monitoring capability construction projects.

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