Measures for Cleaner Production Review (2016 Revision)

Measures for Cleaner Production Review (2016 Revision) Order of the National Development and Reform Commission and the Ministry of Environmental Protection (No. 38) In order to implement the Cleaner Production Promotion Law of the People's Republic of China (2012 Amendment), further regulate the procedures for cleaner production review, and better guide local authorities and enterprises in carrying out cleaner production review, the National Development and Reform Commission (“NDRC”) and the Ministry of Environmental Protection (“MEP”) have revised the Interim Measures for Cleaner Production Review . The revised Measures for Cleaner Production Review are hereby issued and shall come into force on July 1, 2016. The Interim Measures for Cleaner Production Review (Order No. 16 of the National Development and Reform Commission and the Former State Environmental Protection Administration) as issued on August 16, 2004 shall be repealed concurrently. Director of the National Development and Reform Commission: Xu Shaoshi Minister of Environmental Protection: Chen Jining May 16, 2016 Measures for Cleaner Production Review Chapter ⅠGeneral Provisions Article 1 For purposes of promoting cleaner production and regulating cleaner production review, these Measures are developed in accordance with the Cleaner Production Promotion Law of the People's Republic of China . Article 2 The term “cleaner production review” as mentioned in these Measures refers to the process of following certain procedures to investigate into and diagnose the production and service process so as to identify causes of high energy consumption, high material consumption, and heavy pollution and to propose solutions for reducing energy consumption, material consumption, and wastes as well as reducing the use and production of toxic or hazardous materials and recycling of wastes, and therefore to select and implement the technically, economically, and environmentally feasible cleaner production scheme. Article 3 These Measures shall apply to all entities engaging in production and service activities and other departments engaging in the relevant administrative activities within the territory of the People's Republic of China. Article 4 The NDRC shall, jointly with the MEP, take charge of organizing, coordinating, guiding, and supervising cleaner production review across the country. The comprehensive coordination departments of cleaner production as determined by the local people's governments at or above the county level shall, jointly with the competent departments of environmental protection and energy conservation administration (hereinafter referred to as the “competent departments of energy conservation”) and other relevant departments, organize and conduct cleaner production review in light of the actual circumstances of local areas. Article 5 With enterprises as main bodies, cleaner production review shall follow the principles of combining enterprises' voluntary review with the state's compulsory review and combining enterprises' independent review with the external assisted review. In addition, cleaner production review shall be conducted in an orderly manner in light of the local conditions and attention shall be paid to the actual effects. Chapter Ⅱ Scope of Cleaner Production Review Article 6 Cleaner production review may be divided into voluntary review and compulsory review. Article 7 The state encourages enterprises to voluntarily conduct cleaner production review. Enterprises other than those as prescribed in Article 8 of these Measures may voluntarily organize and conduct cleaner production review. Article 8 Under any of the following circumstances, compulsory cleaner production review shall be conducted: (1) The emission of pollutants exceeds the national or local emission standards, or although the emission of pollutants does not exceed the national or local emission standards, the total volume of key pollutants emitted exceeds the total volume control index. (2) The emission of pollutants exceeds the quota of energy consumption of unit product and constitutes high energy consumption. (3) Toxic or hazardous materials are used in production, or toxic or hazardous substances are emitted in production. In particular, toxic or hazardous materials or substances are classified into the following categories: Category Ⅰ, hazardous wastes, including wastes as listed in the Directory of National Hazardous Wastes as well as wastes with hazard characteristics as determined according to the state's standards and methods for identifying hazardous wastes. Category Ⅱ, highly toxic chemicals, chemicals as listed in the Directory of Hazardous Chemicals under Key Environmental Management as well as substances containing the aforesaid chemicals. Category Ⅲ, substances containing such heavy metals as lead, mercury, cadmium, and chromium, and metalloid arsenic. Category Ⅳ, substances as listed in the annexes to Stockholm Convention on Persistent Organic Pollutants . Category Ⅴ, other toxic substances that may pollute the environment. Chapter Ⅲ Conduct of Cleaner Production Review Article 9 The list of enterprises subject to compulsory cleaner production review as prescribed in paragraphs 1 and 3 of Article 8 of these Measures shall be raised by the local competent departments of environmental protection at or above the county level according to their administration authority, and be submitted level by level to the competent departments of environmental protection at the provincial level for approval and determination. Enterprises shall be notified in writing under the territorial principle, and the same shall be forwarded to the comprehensive coordination departments of cleaner production and the industry administrative departments at the same level. The list of enterprises subject to compulsory cleaner production review as prescribed in paragraph 2 of Article 8 of these Measures shall be raised by the local competent departments of energy conservation at or above the county level according to their administration authority, and be submitted level by level to the competent departments of energy conservation at the provincial level for approval and determination. Enterprises shall be notified in writing under the territorial principle, and the same shall be forwarded to the comprehensive coordination departments of cleaner production and the industry administrative departments at the same level. Article 10 All competent departments of environmental protection and energy conservation shall......