On March 2, 2011, Premier Wen Jiabao signed a State Council order to announce the revised Regulations on the Safety Management of Dangerous Chemicals (hereinafter referred to as the Regulations). The regulations will come into force on December 1, 2011. A few days ago, the person in charge of the Legislative Affairs Office and the State Administration of Safety Supervision answered questions from reporters on relevant issues concerning the revision of the regulations.
Q: Why do you need to amend the Regulations on the Safety Management of Hazardous Chemicals?
A: The current Regulations on the Safety Management of Dangerous Chemicals was implemented on March 15, 2002. In recent years, there have been some new situations and new problems in the safety management of hazardous chemicals. First, in 2003 and 2008, the State Council conducted two institutional reforms, and the division of responsibilities of relevant departments in the safety management of hazardous chemicals has changed. Second, some weak links have been exposed in the safety management of hazardous chemicals. For example, enterprises that use hazardous chemicals for production have more accidents, and public safety problems of hazardous chemicals that can be used to manufacture explosives are more prominent. Third, some systems that reflect the occurrence of regulations in law enforcement practice are not perfect. For example, the penalties for some illegal acts are not clear enough, and the penalties for some illegal acts are not fully adapted to the nature and degree of harm. The revision of the regulations this time is to adapt to these new situations and new problems and to strengthen the safety management of hazardous chemicals more effectively.
Question: How does the revised regulations reflect changes in the division of responsibilities of relevant departments?
A: There are three major changes: First, the “economic and trade comprehensive management department”, “economic and trade management department” and “the department responsible for the comprehensive supervision and management of hazardous chemicals safety” mentioned in the current regulations are unified into one. Safety production supervision and management department". The second is to revise the provisions of the current regulations on the review and fixed point of the economic and trade management departments responsible for the packaging of dangerous chemicals packaging and containers, and to revise the production of industrial products for the production of dangerous chemicals packaging and container manufacturing enterprises by the quality supervision, inspection and quarantine department. license. The third is to clearly stipulate that the competent department of industry and information technology of the State Council and other relevant departments are responsible for the industry planning and layout of hazardous chemicals production and storage according to their respective responsibilities.
Considering that there are many links and many departments involved in the safety management of hazardous chemicals, in order to encourage the relevant departments to perform their duties and cooperate closely to form a joint force, the regulations also clearly stipulate that the people's governments at or above the county level should establish coordination of safety supervision and management of hazardous chemicals. The mechanism supports and supervises relevant departments to perform their duties according to law, and coordinates and solves major problems in the safety supervision and management of hazardous chemicals. Relevant departments shall cooperate with each other and cooperate closely to strengthen the safety supervision and management of hazardous chemicals in accordance with the law.
Q: What is the main reason for establishing a safe use permit system for hazardous chemicals? Is it necessary for all units that use hazardous chemicals to obtain a permit?
A: The current regulations stipulate adequate safety management systems for the production and storage of hazardous chemicals. The safety management system for the use of hazardous chemicals is governed by principles. The actual situation shows that the use of hazardous chemicals, especially the use of hazardous chemicals, is as dangerous as the production of hazardous chemicals, which account for about a quarter of all hazardous chemical accidents. In order to further strengthen the safety management of hazardous chemicals from the source, this revision establishes a system for the safe use of hazardous chemicals.
It should be noted that not all units that use hazardous chemicals need to obtain a safe use permit for hazardous chemicals. There are many units that use hazardous chemicals. The amount of use, the method of use, and the degree of danger are also very different. It is neither feasible nor necessary for all users to obtain a permit. Therefore, the regulations have defined the scope of the issuance of hazardous chemicals safety use licenses as chemical enterprises that use hazardous chemicals for production and use the specified amount, which is in line with the actual situation and has captured the key points. As for the amount of use, it is necessary to apply for a permit. As various chemical companies vary widely, it is difficult to make provisions in the regulations. The regulations authorize the General Administration of Safety Supervision to work with relevant departments to formulate specific usage standards.
Considering that chemical companies that use hazardous chemicals for production are classified as hazardous chemical production enterprises, these enterprises need to obtain safety production safety licenses for hazardous chemicals in accordance with regulations, and to increase the burden on enterprises to avoid repeated certification, the regulations clearly stipulate that they are hazardous chemicals. Chemical companies in production companies do not need to obtain a safe use license for hazardous chemicals.
Question: In terms of strengthening the safety management of hazardous chemicals, what changes have been made to the regulations and the operating permit system has been implemented?
A: Practice has proved that the current regulations on the safety and management of hazardous chemicals are more feasible. In order to further strengthen the safety management of hazardous chemicals, this revision is based on the actual situation, clearly stipulated the storage of hazardous chemicals into the scope of hazardous chemicals management, filling the gaps in the system, and further tightening the license for obtaining hazardous chemicals. The conditions of the certificate.
The dangerous chemicals business license system will continue to be implemented. The difference is that this revision has decentralized the approval authority of the license. This is because the number of dangerous chemicals management enterprises is large, and they are concentrated in the provincial or municipal government departments. The relevant departments are burdened and the enterprises are not convenient. At present, the municipal and county-level safety production supervision and administration departments are also soundly established in terms of institutional setup, and can assume the responsibility for issuing and managing dangerous chemicals business licenses.
Q: Can the road transport permit for highly toxic chemicals be handled by the public security organs at the place of origin of the transportation. Is there a clear time limit for the time limit for issuing permits?
A: According to the current regulations, shippers can only apply for the road transport permit for highly toxic chemicals at the public security department of the county-level people's government. However, in practice, many shippers’ residences are located at the origin of transportation, and they have to run back and forth in order to obtain permits. In order to solve this problem, it is clearly stipulated in this revision of the regulations that the shipper can also apply for a permit to the public security organ at the place of origin of the transportation. In view of the fact that some transportation enterprises have no time limit for issuing permits, sometimes the processing time is long and affects the production and operation of enterprises. The regulations clearly stipulate the time limit for the approval of public security organs, and the maximum time cannot exceed 7 days.
Q: Which hazardous chemicals are allowed to be transported by inland rivers and which are not allowed to be transported by inland waters? How to ensure the safety of dangerous chemicals transported by inland waters?
A: According to various opinions, the regulations have established a mechanism to determine the dangerous chemicals that are prohibited from being transported by inland rivers. It is organized by the relevant departments of the State Council to conduct strict tests according to the dangerous characteristics and toxic mechanism of dangerous chemicals such as highly toxic chemicals. The risk assessment is not harmful to the performance of the water in the relative stability of the water, or the product after the reaction with water will not cause greater harm to the water environment. Under the premise of strictly ensuring transportation safety measures, it can be allowed to pass. Inland water transport. For most other highly toxic chemicals, as well as dangerous chemicals that are not highly toxic chemicals but are harmful to the water environment, it is strictly forbidden to transport through rivers. The Ministry of Transport, the Ministry of Environmental Protection, the Ministry of Industry and Information Technology, and the General Administration of Safety Supervision, which are involved in determining the embargo, are examined and examined by different departments from different angles, which is conducive to the scientific and reasonable scope of the embargo. After the embargo is determined, it will be announced by these four departments.
While properly transporting hazardous chemicals in unconfined waters of inland waters, appropriate safety management measures must be followed to ensure the safety of hazardous chemicals transported by inland waters. To this end, the regulations are subject to the qualifications of transport enterprises, the safety conditions of transport vessels and special docks, berths, the transport methods of various hazardous chemicals, packaging specifications and safety precautions, and the warning signs of ships transporting dangerous chemicals. Port management and other aspects have clearly defined the further strengthening of the safe management of dangerous chemicals transported by inland rivers.