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Record management and build a strong business plan to strengthen environmental emergency management infrastructure

Updatetime:2015-03-19 Click:

    January 9, 2015, the Ministry of Environmental Protection issued a "corporate institutions Environmental Emergency Plan record management (Trial)" (UNCED No. [2015] 4) (hereinafter referred to as "record management"), self-publishing from the date of implementation. "Record management" is a standardized local environmental protection authorities (hereinafter referred to as "green sector") of enterprises and institutions (hereinafter referred to as "Enterprise") Environmental Emergency Plan (hereinafter referred to as the "Environmental Emergency Plan") to implement the record management of normative documents, the scope of the emergency plan for the enterprise environment record management, basic principles and filing preparation, implementation, monitoring and other explicit provisions.
First, why should formulate record management
    (A) the need to implement the newly revised "Environmental Protection Law"
The newly revised "Environmental Protection Law" Article 47 of the third paragraph, "Enterprises and institutions should be developed in accordance with the relevant provisions of the State Environmental Emergency plans submitted to environmental protection departments and relevant departments for the record," environmental emergency plan formulation and filing statutory obligation to determine the enterprise. To implement the "Environmental Protection Law", the system refinement, regulate corporate behavior and environmental protection departments filing regulatory actions, the need for supporting the "record management."
    (B) the main responsibility for the implementation of the needs of enterprises
Main responsibility is to develop corporate environmental contingency plans, and environmental emergency plan is a "living document", the enterprise needs through their own efforts, and constantly revised and improved to ensure practical, useful and effective. In practice, however, some companies do not carry out the necessary risk assessment and emergency resources survey, but not copy or entirely to the preparation of technical services, also shelved after finish editing, which does not match with the main responsibility for the implementation of corporate requirements. There are also some local environmental protection departments in order to ensure the quality of the business environment of the emergency plan, the record is set to "non-permissive type approval", or give it some color administrative license, essentially share the main responsibility of enterprises. There are some environmental protection department of corporate environmental contingency plans focus on supervision "access", but plans have been filed and the use of inadequate guidance, management is not in place. These practices do not meet the state "and to prevent the reduction of administrative licensing items side by side, next dimming growth, strengthen and improve supervision during and after" the spirit of the administrative examination and approval system, the need to regulate the "record management."
    (C) the practice of environmental emergency plan management needs
In 2010, the Ministry of Environmental Protection issued "Environmental Emergency Plan for Interim Measures" (UNCED 113 [2010]) (hereinafter referred to as the "Interim Measures Plan"), the parts of the emergency plan for the environmental management of a number of useful exploration and practice, initially established filing system. But the record management plans are still some problems. First, the record rate is not high, uneven progress, environmental emergency plan has been prepared for the enterprise, the overall record rate of less than 80%, in some places only 38%. Second, too few on-site disposal plans, operability is not strong. "Interim Measures Plan" environmental emergency plans into a comprehensive plan, special plans, on-site disposal plan categories. But fewer than half of the companies prepared on-site disposal plans, more companies only comprehensive plan, the content is more general requirement. Three is not enough local management, information collection is not comprehensive. "Interim Measures Plan" will be state-controlled sources to the provincial environmental protection departments for the record, is the environmental management contingency plans beginning of "expediency", has been difficult to meet the "territorial-based" and demanded early disposal of the county government. Place during the implementation of a hierarchical filing accounted for 74%. In the absence of information transfer requirements, some of the lower level of environmental protection departments can not get corporate environmental contingency plans, can not fully grasp the relevant information. Fourth progressively heavier burden on enterprises record, 26% of the local implementation of progressive record, require companies to multiple levels of environmental protection departments for the record, does not meet the spirit of the central decentralization. Fifth grade large differences in regulatory requirements. In hierarchical management record, there are parts of pollutant emissions by EIA level, risk level, inter-regional, industry, environment and so sensitive to a variety of situations grade, but some places are two levels of management, in some places three management. To solve these problems, it is necessary to develop "record management."
Second, the main basis for the development of the record management practices which
"Record management" based primarily on "Environmental Protection Law", "Emergency Response Law," and "Marine Environmental Protection Law", "Solid Waste Pollution Prevention Law", "Water Pollution Control Act" and other laws and regulations, refer to the the relevant provisions of the "oil and gas pipeline protection law," and the State Council "emergency plan management approach" (Guo Ban Fa [2013] No. 101) of the enterprises and institutions contingency plan management.
    Third, record management What are the main content
"Record management" consists of five chapters twenty-six, absorbing the "Interim Measures Plan" relevant content, summarize recent work experience, based on five aspects of the provision is made.
Provisions. The general content of the record management purposes, concepts, scope and principles were prescribed. Clearly ready to follow the norms record management, territorial-based, unified filing, classification management principles, emphasizing environmental risk according to the size of the different levels of management, enterprise voluntarily disclosed information related to environmental contingency plans.
    The second chapter filing preparation. Based on the record needs, environmental contingency plans for the development, implementation, revision and other preparatory work has been stipulated. Stressed that the main responsibility is to develop corporate environmental emergency plan, prepared by the group set up to carry out assessments and surveys, preparation of plans, review and exercises, signed release and other steps to develop environmental emergency plan, and promptly revise plans.
The third chapter of the implementation of the record. Time limit for filing, file mode, receiving department provisions. Clear business environment in 20 working days after the release of contingency plans for the record and filing documents to be submitted. Clear the county environmental protection department received the record as a major sector, as well as reviewing the record received treatment sector.
    Chapter IV filing supervision. Regulatory and corporate, environmental protection departments responsibility after filing environmental protection department has been stipulated. Environmental protection departments will be filed promptly clear environmental emergency plan summary, sorting, archiving, and through spot checks, etc., to guide enterprises to continuous improvement. Also clearly a violation of the provisions of the enterprise should bear the responsibility and environmental sectors.
    Chapter V Supplementary Provisions, and the "Environmental Protection Law" forty-seven third paragraph, "reported that environmental protection departments and relevant departments for the record" link, and description of the implementation date.
Fourth, on several key issues instructions
    (A) What is the corporate environmental emergency plans
"Record management" article pointed out that environmental emergency plan is an enterprise in order to cope with all kinds of accidents, natural disasters, to take urgent measures to avoid or minimize pollutants or other toxic and harmful substances into the atmosphere outside the plant boundary, water, soil and other environmental media, and advance the work program. This is the first formally proposed the concept of corporate environmental emergency plans, as distinguished from production safety accident emergency plan, to facilitate the implementation and management of corporate and environmental sectors.
    (B) how corporate environmental emergency plan positioning
Corporate environmental emergency plan is focused on-site disposal plan, a clear focus on tasks and procedures disposal site, reflecting the self-help and mutual aid, features information reporting and early disposal. Whether preparing for a comprehensive plan, special plans and combinations of these categories, "record management" proposed guidance rather than mandatory. Enterprises can choose according to their actual.
    Environmental emergencies may face construction unit environmental emergency plan is put into production or use for construction projects developed after the plan, not the construction plan during construction. During pre-production environment contingency plans, the former refers to the pre-production preparation for environmental emergencies contained may face during the pre-production and the development of environmental emergency plans. Because there may be an environmental risk assessment, preparation of plans and other difficult to place in front of the objective reality of pre-production, "record management approach" environmental emergency plan construction projects during pre-production "reference" to develop this approach and filing; and trial production projects and formal There are differences in the production, construction units required in accordance with the actual situation during the trial production of environmental contingency plans were revised to form for a full production environment emergency plan.
    (C) What is the purpose of filing
Environmental contingency plans for the record companies are not part of the administrative license, an administrative act confirmed. For businesses, the record is to regulate editing, improving quality, fulfill statutory obligations. For the environmental sector, the record is to gather information for your records, after administration.
    (D) What companies need to record
"Record management" provides three types of enterprises to conduct environmental contingency plans for the record. One possible environmental emergencies emissions enterprises. "Environmental emergencies that may occur," the unit will produce noise pollution, less the amount of pollutants or hazardous exclude small units, such as restaurants. Because of sewage, garbage treatment facilities and the general discharge of pollutants companies differ in the "record management" with "sewage, garbage treatment facilities operating companies" to be emphasized. Second, a large number of possible abnormal discharge of toxic and hazardous substances businesses. Case binding events, emphasizing involving hazardous chemicals, hazardous wastes, tailings three-prone, multiple corporate environmental emergencies. Third, the other should be included in the scope of the enterprise, which is catch-all clause, the local environmental protection departments must be given autonomy. To further clarify the scope of application, states that the "provincial environmental protection department according to the actual situation, environmental contingency plans should be published record company directory law."
    How (five) business to prepare for the record
"Environmental Protection Law" stipulates that companies should develop contingency plans for environmental emergencies in accordance with relevant state regulations. "Record management" is the second chapter of this provision of refinement, a clear basis for enterprises in environmental risk assessment and emergency resources survey, preparation of environmental emergency plan, and after review and drills, signed release environmental emergency plan. Generated during the environmental risk assessment report prepared for the record, emergency resources survey report, review comments and other necessary documents are filed.
    (6) the environmental contingency plans need to be revised when
"Record management approach", business contingency plans at least every three years for the environment to conduct a retrospective assessment. If the environmental risks facing businesses, organization and command system and emergency management responsibilities, environmental emergency measures, significant changes in vital emergency resources or the actual response and exercises to identify problems, and other conditions need to be revised, to timely amend the environmental emergency plan, fixes reference develop procedures.
Currently, most enterprises have been in accordance with "Interim Measures Plan" to develop an environmental emergency plan. After the "record management" implementation of the local environmental protection departments should guide enterprises to conduct assessments in a timely manner, the revised environmental emergency plan, the implementation of "record management" revision.
    (Vii) Where the record companies should ask
    Environmental contingency plans for record companies to implement local management, unified record, the record for the county department of environmental protection department received. Construction unit also needs to construction projects at the county level environmental protection department. If the pre-production projects with the official production almost unchanged, environmental contingency plans without amendment filings construction unit before submitting the complete trial production can be regarded as the official production before the completion of the record.
    Above the county level administrative regions across corporate environmental emergency plan, the county can be divided into sub-management unit or preparation of environmental emergency plans, the environmental protection department of the county along or across domains involved in the record.
Determine the admissibility of the county department of environmental protection departments, as the record was "Emergency Response Law", "Oil and Gas Pipelines Protection Act" and other laws and regulations, compliance with environmental emergency and gather practical information needs, consistent with "provincial governing county" administrative reform direction will help environmental contingency plans from the past "subordinate copy superiors", from top to bottom of the presentation, into a gradually extended upward from the enterprise, from the preparation mode to help reinforce the government basic environmental emergency plan will help to promote grass-roots environmental protection departments to enhance emergency management capabilities, but also facilitate business execution.
    Taking into account the environmental protection department of the county, some less capacity, it is difficult to meet the needs of the record of objective reality, in some places with a more mature record municipal management experience, "record management" also stipulates that "the provincial environmental protection department according to the actual situation, The record received the municipal environmental protection department of the adjustment to the competent authorities "to give a certain autonomy of local environmental protection department.
    How (eight) for the record companies
    When companies first record, released in environmental contingency plans of 20 working days from the signing of the environmental emergency plan filing form, environmental contingency plans and preparation instructions, environmental risk assessment, environmental emergency resources survey, environmental emergency plan review comments five copies of documents submitted to the record department handling. Enterprise sector received acceptance signature environmental contingency plans for the record table, completed the first record.
    When a company's environmental contingency plans for major amendments to 20 working days after receiving department should also be changed from the original filing date of publication of the amendments. Change the record does not need to submit all filings required to be submitted for the record for the first time, simply submit the revised document. Adjustment of individual elements, without changing the record, only need to file form to inform the former department handling.
How (nine) receiving department accepted
    Upon receipt of the department handling corporate filings submitted five working days to check. File complete and issue the executive stamped seal of Environmental Emergency Plan filing form. Receiving department to complete the environmental contingency plans for the record.
Receiving department to check on the filing, but in the form of review, which filings are complete, the contents of these documents does not make a substantive examination.
In addition to office space in the record department handling "personally accept" the record of the way, but with the current carried out in some places online filing practices, to reduce the burden on enterprises to adapt to the work requirements, "record management" of the way through the filing correspondence, electronic data interchange principle proposed requirements. Local environmental protection departments can be combined with the actual conduct of electronic filing, filing correspondence and other related work.
    (J) After the filing of environmental protection departments on how to carry out supervision
Environmental protection department of the enterprise supervision record, including a summary, guidance, accountability check back in three ways. Summary, organize, archive and databases, mainly in order to collect and collate information, the government plans to consolidate the foundation. Filing guidance is based on the requirements of the business environment to improve the quality of the environmental protection department of emergency plans put forward, including the adoption file checking, field verification, etc. focus on individual guidance, and meta-analysis of the overall guidance and inspection results, the time node after filing. After the investigation is the responsibility of reversing environmental emergencies occur, the environmental protection department of environmental emergency plan development, for the record, the daily management and implementation of the events included in the scope of the investigation and handling. "Record management" also conducted a public record information requirements for the timely publication of the record department received the list of record companies, corporate environmental contingency plans voluntarily disclosed information.
    Supervision of the environmental protection department, in accordance with the implementation of corporate environmental risk management size classification. "Record management approach", the county environmental protection departments in five working days of the larger companies over environmental risks filings submitted to the municipal environmental protection department, the provincial environmental protection department submitted more significant. Provincial and municipal environmental protection department under the control of the implementation of key regulatory filings.
For corporate environmental risk assessment and grading, Ministry of Environmental Protection issued a "corporate environmental emergencies Risk Assessment Technical Guidelines (Trial)" (Central Office [2014] No. 34), gives a general method for environmental risk assessment, covering Most prone, multiple corporate environmental emergencies. Currently, the Environmental Protection Department will also introduce corporate environmental emergencies environmental risk grading method standards, and further strengthen the business environment risk classification of technical guidance. In practice, some places also developed and implemented a corporate environmental risk management documents, enterprises and institutions to implement risk management at different levels. "Record management" also stipulates that local environmental protection departments above the county level can refer to the risk assessment of environmental emergencies technical standards or guidance documents, combined with practical guidance on corporate environment to determine the level of risk.
    (K) business in violation of record management need to take any responsibility
To urge enterprises to develop environmental emergency plans and specifications for the record, for the development of enterprises do not, do not record, or provide false documents record the behavior of the environmental protection departments above the county level shall be imposed, and based on "Marine Environmental Protection Law", "Solid Waste Pollution Prevention Law "," Water Pollution Prevention Law "and other laws and regulations formulated by the Ministry of Environmental Protection, etc., given a fine and other penalties.
    Regulations (xii) the environmental protection department in violation record management, etc. need to take any responsibility
In order to regulate the environmental protection department and its staff for the record management practices for possible non-filing, chaotic filing, and other violations of law did not inform been cited, clear lines of responsibility.
    (Xiii) the filing system to interface with other management systems
Filing and other convergence environmental management system, in some regulations, normative documents have been reflected. Hazardous chemicals such as environmental management registration (Trial) "(Environmental Protection Department Order No. 22) Article IX, the use of dangerous chemicals production enterprises to apply for the production and use of hazardous chemicals environmental management registration shall be submitted environmental emergencies contingency plans; "waste dangerous chemicals pollution control measures" (SEPA Order No. 27) Article 19, generation, collection, storage, transport, use and disposal of discarded dangerous chemicals units shall formulate abandoned hazardous chemicals, environmental emergencies contingency plans, environmental protection departments above the county level for the record; "Environmental Administration of New Chemical Substances" (Environmental Protection Department Order No. 7) Article 31, the regular reporting of registration certificate holder and corresponding processing users should develop contingency plans and emergency response measures; when "further strengthen the environmental impact assessment of environmental risk management prevention notice" (UNCED [2012] No. 77) requirements related to the construction project to apply pre-production, should Environmental Emergency submit business plans of archival materials. May further strengthen the future in other documents.
    (Xiv) future corporate environmental management contingency plans on how to further deepen
"Record management" is a programmatic document for corporate environmental management contingency plans. The main achievement of the environmental protection department of the future business environment, the guidance and management of the emergency plan by filing the starting point. Due to the formulation and implementation of environmental emergency plans involving technical contents, to continuously improve the level of management plans, MEP will be launched soon in key industries plan editing guidelines, emergency resources survey guide, drill guide and other supporting documents. Around can also be based on the actual introduction about the implementing rules and guidance documents, and constantly improve the management level, to promote enterprise continuous improvement plan.