Notice on the issuance of the Measures for the Record Management of Emergency Plans for Environmental Emergencies in Enterprises and Public Institutions (Trial Implementation)

Environmental Protection Departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, Environmental Protection Bureau of Xinjiang Production and Construction Corps:

　　In order to implement the Environmental Protection Law，Strengthen the record management of emergency plans for environmental emergencies in enterprises and public institutions，Strengthen the foundation of government and departmental environmental emergency planning，In accordance with the Environmental Protection Law, Emergency Response Law and other laws and regulations as well as the Emergency Response Plan Management Measures issued by The General Office of the State Council and other documents，The Ministry has organized the compilation of the Measures for the Administration of the Record of Emergency Plans for Environmental Emergencies in Enterprises and Public Institutions (Trial Implementation) (hereinafter referred to as the Measures).，It is hereby issued to you。

　　Please strengthen management in accordance with the requirements of the Measures, guide and urge enterprises and institutions to fulfill their responsibilities and obligations, and formulate and record environmental emergency plans。The environmental emergency plan that has been filed before the implementation of the Measures shall be implemented when revised.。 

　　Annex: Measures for the Administration of Filing Emergency Plans for Environmental Emergencies in Enterprises and Public Institutions (Trial)

 

Ministry of Environmental Protection

　　January 8, 2015

 

 

Article 1 In order to strengthen the record management of emergency plans for environmental emergencies of enterprises and institutions (hereinafter referred to as enterprises) (hereinafter referred to as environmental emergency plans)，Strengthen the foundation of government and departmental environmental emergency planning，In accordance with the Environmental Protection Law, Emergency Response Law and other laws and regulations as well as the Emergency Response Plan Management Measures issued by The General Office of the State Council and other documents，Formulate these measures。 

Article 2 The term "environmental emergency plan" as mentioned in these Measures refers to the work plan formulated in advance by the enterprise in order to take emergency measures to avoid or minimize the entry of pollutants or other toxic and harmful substances into the atmosphere, water, soil and other environmental media outside the factory boundaries when responding to various accidents and natural disasters。 

Article 3 These Measures shall apply to the guidance and management of the filing of environmental emergency plans of the following enterprises by competent environmental protection departments: 

(1) pollutant discharge enterprises that may have environmental emergencies, including the operation enterprises of centralized sewage and domestic waste treatment facilities; 

(2) Enterprises that produce, store, transport and use hazardous chemicals; 

(3) Enterprises that produce, collect, store, transport, utilize and dispose of hazardous waste; 

(4) tailings storage enterprises, including wet storage of industrial waste slag storage, power plant ash storage enterprises; 

(5) Other enterprises that should be included in the scope of application。 These Measures shall not apply to the filing of emergency plans for nuclear and radiation environment。The competent department of environmental protection at the provincial level may, in accordance with the actual situation, issue a list of enterprises that should be filed with environmental emergency plans in accordance with the law。 

Article 4 Other enterprises are encouraged to formulate separate environmental emergency plans, or to formulate special chapters of environmental emergency plans in emergency response plans, and put them on record。Enterprises that host mass gatherings such as project construction, film and television shooting and cultural and sports activities that may cause environmental emergencies are encouraged to formulate separate environmental emergency plans, or to formulate special chapters of environmental emergency plans in emergency response plans, and put them on record。 

Article 5 The filing management of environmental emergency plans shall follow the principles of standardized preparation, territorial-based, unified filing and hierarchical management。 

Article 6 Local environmental protection authorities at or above the county level may refer to relevant risk assessment standards for environmental emergencies or guiding technical documents, and guide enterprises to determine their risk levels for environmental emergencies in light of actual conditions。 

Article 7 The competent department of environmental protection accepting and filing (hereinafter referred to as the accepting department) shall promptly publish the list of enterprises for filing to the public。 Enterprises should take the initiative to disclose environmental emergency plan information closely related to the surrounding residents, units and regional environment that may be affected。 Except where the State stipulates that confidentiality is required。 

Article 8 Enterprises shall be responsible for the formulation of environmental emergency plans, and shall carry out the formulation of environmental emergency plans according to the needs of responding to environmental emergencies, and shall be responsible for the authenticity and operability of the contents of environmental emergency plans。 Enterprises may prepare environmental emergency plans by themselves or entrust relevant professional technical service agencies to prepare environmental emergency plans。Entrust relevant professional technical service institutions to prepare, the enterprise designated relevant personnel to participate in the whole process。 

Article 9 The environmental emergency plan reflects the characteristics of self-rescue and mutual rescue, information reporting and advance disposal, focusing on clarifying the on-site organization and command mechanism, emergency team division of labor, information reporting, monitoring and early warning, response processes and measures under different scenarios, emergency resources guarantee and other contents。 After assessment, enterprises with greater or higher environmental risks can be combined with the nature of business, scale, organizational system, environmental risk status and emergency resource status, and establish an environmental emergency response plan system according to the mode of comprehensive environmental emergency response plan, special plan and on-site disposal plan。The comprehensive environmental emergency plan reflects the strategy, the special environmental emergency plan reflects the tactical, and the environmental emergency on-site disposal plan reflects the operation。 Enterprises that span administrative areas at or above the county level shall prepare environmental emergency plans divided into counties or administrative units。 

Article 10 Enterprises shall formulate environmental emergency plans in accordance with the following steps: 

(a) Establish an environmental emergency plan preparation group, clarify the preparation group leader and member composition, work tasks, preparation plan and budget。 

(2) Conducting environmental risk assessment and emergency resource survey。Environmental risk assessment includes but is not limited to: analyzing the evolution law of various accidents, the impact degree of natural disasters, identifying environmental hazard factors, analyzing the relationship with the surrounding residents, units and regional environment that may be affected, constructing environmental emergencies and their consequences scenarios, and determining environmental risk levels。Emergency resource investigation includes but is not limited to: investigation of emergency resources such as environmental emergency team, equipment, materials, and places that can be called by the enterprise in the first time and emergency resources that can request assistance or agreement assistance。 

(3) Preparing environmental emergency plans。In accordance with Article 9 of these measures，Rational selection of categories，Determine the content，It focuses on the disposal measures that need to be taken under the scenario of possible environmental emergencies, the contents and methods of informing the residents and units that may be affected, and the contents and methods of reporting to the competent environmental protection authorities and relevant departments，And how it fits in with government plans，Develop environmental emergency plans。During the preparation process, the opinions of employees and representatives of residents and units that may be affected should be consulted。 

(4) Review and practice environmental emergency plans。The enterprise organized experts and representatives of potentially affected residents and units to review the environmental emergency plans and carry out drills for testing。 Review experts should generally include personnel from relevant government management departments involved in environmental emergency plans, representatives of relevant industry associations, and personnel with experience in relevant fields。 

(5) Sign and publish environmental emergency plans。The environmental emergency plan shall be reviewed by the relevant meeting of the enterprise and signed and issued by the principal person in charge of the enterprise。 

Article 11 Enterprises shall, in accordance with relevant requirements and in light of the actual situation, carry out training, publicity and necessary emergency drills of environmental emergency plans, and initiate environmental emergency plans in a timely manner when environmental emergencies occur or may occur。 

Article 12 Enterprises shall retrospectively evaluate environmental emergency plans at least once every three years in light of the implementation of environmental emergency plans。In any of the following circumstances, timely revision: 

(1) Major changes have taken place in the environmental risks faced, requiring a re-assessment of environmental risks; 

(b) the emergency management organization and command system and responsibilities have undergone major changes; 

(C) environmental emergency monitoring, early warning and reporting mechanisms, response processes and measures, emergency safeguard measures have undergone major changes; 

(4) Major changes have occurred in important emergency resources; 

(5) Problems are found in the actual response to emergencies and emergency drills, and it is necessary to make major adjustments to the environmental emergency plan; 

(6) Other circumstances requiring revision。 Where a major revision of the environmental emergency plan is made, the revision shall be carried out in accordance with the steps for formulating the environmental emergency plan。Where individual contents of the environmental emergency plan are adjusted, the revision work may be appropriately simplified。 

Chapter III Implementation of filing 

Article 13 The accepting department shall publicize the basis, procedure and time limit for filing the environmental emergency plan, as well as the catalogue of documents and examples of filing documents to be provided in its office or website。 

Article 14 The enterprise environmental emergency plan shall, within 20 working days from the date of signing and issuing the environmental emergency plan, be filed with the county environmental protection authorities where the enterprise is located。The environmental protection authorities at the county level shall, within 5 working days from the date of filing, submit the environmental emergency plan documents of large and major environmental risk enterprises to the municipal environmental protection authorities, and submit major environmental protection authorities at the same time。 The enterprise environmental emergency plan of the administrative region at or above the county level shall be filed with the county-level environmental protection competent department involved along the line or across the region。The environmental protection authorities at the county level shall file the environmental emergency plan of enterprises in administrative areas above the county level, and submit it to the municipal environmental protection authorities, and submit it to the provincial environmental protection authorities at the same time。 

The provincial environmental protection competent department may, according to the actual situation, uniformly adjust the accepting department to the municipal environmental protection competent department。The accepting department shall promptly submit the filing documents of the enterprise environmental emergency plan to the competent department of environmental protection。 

15th enterprise environmental emergency plan for the first time record, on-site processing shall submit the following documents: 

(1) Record form of emergency plan for environmental emergencies; 

(2) Paper documents and electronic documents of the environmental emergency plan and its preparation instructions, including the signing and issuing documents of the environmental emergency plan and the text of the environmental emergency plan;Preparation instructions include: preparation process overview, key content description, comment solicitation and adoption description, review description; 

(3) Paper documents and electronic documents of environmental risk assessment reports; 

(4) Paper documents and electronic documents of the environmental emergency resources investigation report; 

(5) Paper documents and electronic documents of environmental emergency plan evaluation opinions。 Filing documents can also be done by letter, electronic data exchange, etc。通过

If submitted by electronic data interchange, only electronic documents may be submitted。 

Article 16 After receiving the environmental emergency plan file submitted by the enterprise, the accepting department shall check it within 5 working days。If the documents are complete, a record form of emergency plan for environmental emergencies with the seal of the administrative organ shall be issued。 If the environmental emergency plan filing documents submitted are incomplete, the accepting department shall order the enterprise to complete the relevant documents and record again on schedule。The time limit for re-filing shall be determined by the accepting department according to the actual situation。 The accepting department shall inform the required documents in one time。 

Article 17 The environmental emergency plan formulated by the construction unit or the revised enterprise environmental emergency plan shall, before the construction project is put into production or use, be filed with the accepting department of the construction project in accordance with the requirements of Article 15 of these Measures。 The accepting department shall, before the construction project is put into production or use, construct the project environment

Emergency plans or revised enterprise environmental emergency plans for the record documents, submitted to the relevant environmental protection authorities。 The environmental emergency plan of the construction unit during the trial production shall be formulated and recorded with reference to the provisions of Chapter II of these Measures。 

Article 18 Where an enterprise environmental emergency plan has major revisions, it shall, within 20 working days from the date of release, file the changes with the original accepting department。The change filing shall be handled in accordance with the requirements of Article 15 of these Measures。 Where individual contents of the environmental emergency plan are adjusted and it is necessary to inform the competent department of environmental protection, it shall inform the original accepting department in the form of a document within 20 working days from the date of promulgation。 

Article 19 The competent department of environmental protection shall not charge any fees for accepting the record of environmental emergency preplans, and shall not increase or disguised increase the burden on enterprises。 

Article 20 Local environmental protection authorities at or above the county level shall promptly summarize, sort out and archive the environmental emergency plans on record, establish an environmental emergency plan database, and use it as an important basis for the formulation of government and departmental environmental emergency plans。 

Article 21 The competent departments of environmental protection at or above the county level shall conduct spot checks on the environmental emergency plans filed and guide enterprises to continuously improve the environmental emergency plans。 

The competent department of environmental protection at or above the county level may conduct a random inspection of an enterprise's environmental emergency plan by means of file inspection and on-site verification。Professional and technical service agencies may be entrusted to carry out the relevant work。 The competent departments of environmental protection at or above the county level shall promptly summarize and analyze the results of the random inspection, put forward a list of environmental emergency plans, recommend examples of environmental emergency plans, formulate guiding requirements for environmental emergency plans, and strengthen filing guidance。 

Article 22 Where an enterprise fails to formulate and record an environmental emergency plan in accordance with the relevant provisions, or provides false documents for the record, the competent department of environmental protection at or above the county level shall order it to make corrections within a time limit and impose penalties in accordance with the relevant laws and regulations of the State。 

Article 23 The competent environmental protection department at or above the county level shall, when investigating and handling environmental emergencies, include the formulation, filing, daily management and implementation of the enterprise environmental emergency plan into the scope of investigation and handling。 

Article 24 Where the accepting department and its staff violate these Measures and have one of the following circumstances, the competent department of environmental protection or its superior competent department of environmental protection shall order correction;If the circumstances are serious, administrative sanctions shall be imposed according to law: 

(1) Failing to record or delaying the handling of those whose filing documents are complete; 

(2) accepting those whose records are incomplete; 

(3) failing to notify the enterprise at one time of all the filing documents that must be completed in accordance with regulations。 

Article 25 Where an environmental emergency plan needs to be reported to other relevant departments for the record, it shall be implemented according to the provisions of the relevant departments。 

Article 26 These Measures shall come into force as of the date of issuance。The Interim Measures for the Management of Emergency Plans for Environmental Emergencies (No. 113, 2010) on the management of enterprise plans shall be repealed at the same time。