On October 21st, 2020, the Chinese Ministry of Ecology and Environment (MEE) published a notice [1], announcing to consult on the draft revision to the Measures on Environmental Management of Transfer of Hazardous Wastes. The regulation was formerly named the Measures on the Administration of Hazardous Waste Transfer Manifests.
Background
The old Measures, which was introduced in 1999, aimed at implementing a manifest system for transfer of hazardous waste. Under the framework, prior to the transfer of hazardous waste, entities discharging hazardous waste (generators) shall report the plan of transfer of hazardous waste for approval, and upon approval, apply for the manifests to the competent environmental protection authority at the place where the hazardous wastes are being transferred to.
After being in place for over decades however, the old Measures cannot address many of the existing issues in regulatory practices concerning the transfer of hazardous waste. The revised Law of the People’s Republic China on the Prevention and Control of Environmental Pollution [2], which took effect earlier in September this year, requires that the transfer of hazardous waste shall be managed throughout the whole process in a more efficient manner. Therefore, the draft revision was formulated to improve the hazardous waste transfer management system and enable targeted and scientific mitigation of hazardous waste pollution.
Compared with its predecessor, the draft revision includes the following major improvements.
Clarified Responsibilities of Relevant Parties in Hazardous Waste Transfer
The draft revision specifies that generators shall assume primary responsibilities in the transfer of hazardous waste, and makes the general responsibilities explicit of relevant parties, including transferors, shippers, carriers and recipients as per the table below.
Role | Responsibilities |
Transferors | ü Ensure that hazardous wastes are entrusted to qualified entities ü Develop hazardous waste management plans, which include hazardous waste transfer plans, and complete filing via relevant information system ü Fill in transfer manifests faithfully ü Check the information on the reception, use and disposal of hazardous wastes on a regular basis ü Others |
Shippers (transferors or recipients) | ü Consign hazardous wastes in line with the requirements for transport of dangerous goods ü Fill in the dangerous goods shipment inventory ü Verify the qualification and other information of carriers ü Others |
Carriers | ü Properly carry hazardous wastes consigned and deliver them to recipients ü Check relevant information of hazardous wastes to be carried ü Transport safety ü Emergency response and reporting ü Others |
Recipients | ü Check the information on transfer manifests and dangerous goods shipment inventory ü Use or dispose of hazardous waste they receive in a safe and environmentally friendly manner ü Inform transferors of the reception, use and disposal of hazardous wastes ü Others |
Increased Convenience and Simplified Procedures for Businesses
The draft revision states that in the transfer of hazardous waste, electronic transfer manifests shall be operated via the national hazardous waste information management system. Information technologies will be leveraged to promote the use of electronic transfer manifests across the country, which will provide more convenience for businesses involved.
Furthermore, in order to simplify relevant procedures, the draft revision allows an entity to use the same manifest where multiple categories of hazardous wastes are carried in the same vehicle or ship simultaneously.
Provisions on Trans-provincial Transfer of Hazardous Wastes
According to the draft revision, trans-provincial transfer of hazardous wastes is not encouraged in principle, except under some special circumstances (such as when the hazardous waste disposal facilities are results of regional cooperation between provinces). It also provides the approval procedures and time limits with regard to trans-provincial transfer of hazardous wastes.
