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On May 24, 2022, the Action Plan for New Pollutants Treatment (hereinafter referred to as the Plan) was approved by the Chinese General Office of the State Council and officially released. ChemLinked has prepared relevant article regarding the source control measures outlined in the Plan: China Steps Up Efforts in Source Control over Toxic and Hazardous Chemicals
Some changes have been made compared to the draft version that was issued for public comments on October 11, 2021. Main changes are shown in the table below.
Content | Draft version issued in 2021 | The Plan issued in 2022 |
Objectives | Implement “one substance, one strategy” and prohibit the production, processing, use, import and export of perfluorohexane-1-sulfonic acid and its salts and related compounds (PFHxS), hexabromocyclododecane (HBCD), decabromodiphenyl ether, short-chain chlorinated paraffins, pentachlorophenol and its salts and esters, hexachlorobutadiene and dechlorane plus. | Deleted and revised as: “Implement environmental risk control measures, such as prohibitions, restrictions and emission limits, on key new pollutants.”
* The corresponding control measures for specific substances will be clarified in “One Substance, One Strategy”. |
By 2035, establish a relatively complete control system of the new pollutants, greatly improve the environmental risk management and control capabilities thereof, and get the environmental risks thereof basically controlled. | Deleted. | |
Major Measure 1 - Optimizing regulations and establishing a sound system for new pollutants treatment | Revise the Environmental Protection Law, the Marine Environmental Protection Law and other relevant laws and regulations, and add requirements related to new pollutants treatment and environmental risk management and control of toxic and hazardous chemical substances. | Deleted. |
By 2021, issue the Technical Guidelines for Screening of Priority Assessment Chemical Substances. By 2022, issue technical guidelines for hazard assessment and exposure assessment of chemical substances. By 2025, issue technical guidelines on data quality assessment, risk characterization, construction of emission scenarios, socio-economic impact assessment, etc., as well as a manual for environmental exposure parameters, and revise methods for toxicity tests. | Deleted.
* The Technical Guidelines for Screening of Priority Assessment Chemical Substances has been officially published in December 2021. | |
Issue the monitoring and analysis methods for nonylphenol in water, and PFOS and PFOA in water, soil and sediment. | Deleted. | |
Major Measure 2 - Carrying out investigations and assessments on environmental risks of new pollutants | Focusing on the basins such as Yangtze and Yellow River basins, etc., and key drinking water sources, areas such as Beijing-Tianjin-Hebei, Yangtze River Delta, Pearl River Delta, etc., as well as the sea areas such as Bohai Sea, Nanhai Sea, the Yangtze Estuary, Hangzhou Bay and the Pearl River Estuary, etc. | Deleted. |
The MEE will complete the environmental risk assessment of 5-10 chemical substances per year. | Deleted. | |
/ | The plan adds content in this part as: “The first List of New Pollutants for Priority Management will be released in 2022.”
* There is no list attached to the Plan, however, it may be released separately in an official announcement. The List of New Pollutants for Priority Management (Draft) was released in 2021. | |
Major Measure 3 - Strengthening source control to prevent the generation of new pollutants | Strictly implement elimination or restriction measures for certain chemicals listed in the followings:
| The Plan further emphasizes that the production, processing and use, import and export of key new pollutants shall be prohibited or restricted according to the requirements prescribed in the List of New Pollutants for Priority Management. |
The production, use, import and export of hexabromocyclododecane (HBCD) is to be prohibited from December 26, 2021. | Deleted. | |
By 2023, the standard on limits of short chain chlorinated paraffins in chlorinated paraffin products shall be formulated. | Deleted. | |
Major Measure 4 - Strengthening process control to reduce new pollutants emission | Carry out the environmental hazard assessment of new kinds of drugs in the registration process of medicines and veterinary drugs. | Relevant content regarding medicines in this part of the Plan has been deleted. |
By 2023, complete re-evaluation of a batch of high-toxic and high-risk pesticide varieties. | Revised as: “By the end of 2025, complete re-evaluation of a batch of high-toxic and high-risk pesticide varieties.” | |
Major Measure 5 – Keeping on reducing new pollutants’ environmental risks | Supervise and urge enterprises, institutions and other producers and operators that discharge toxic and hazardous water pollutants, toxic and hazardous air pollutants and other key new pollutants, according to the requirements of “Water Pollution Prevention and Control Law”, “Air Pollution Prevention and Control Law” and other relevant laws and regulations, to carry out regular environmental monitoring of sewage discharge outlets and its surrounding environment, assess environmental risks, regularly check and rectify hidden environmental safety hazards, disclose information on new pollutants, and take effective measures to prevent environmental risks. | Delete “Water Pollution Prevention and Control Law” and “Air Pollution Prevention and Control Law”. No specific names of laws or regulations are stated in this part of the Plan. |
/ | The plan adds content in this part as: “Enterprises that produce, process, use or emit chemical substances listed in the List of New Pollutants for Priority Management shall be included as key pollutant discharge units.” | |
Major Measure 6 – Strengthening capacity building to lay a solid foundation for new pollutants treatment | / | Some content in this part of the draft version, e.g., strengthen social co-governance, strengthen publicity and education, strengthen international communication and cooperation, etc., are reorganized in the Plan to make the statement more concise and easier to understand. |
Comments and Recommendations
1. Regarding the Regulation on Environmental Management of Toxic and Hazardous Chemical Substances
The Plan outlines to establish a complete legal framework and sound system for the toxic and hazardous chemicals’ environmental risks management by 2025, and stipulates to formulate the Regulation on Environmental Management of Toxic and Hazardous Chemical Substances.
* This regulation is not officially released yet, however, it should be noted that it’s an important regulation for the environmental management of chemical substances. Enterprises are advised to pay attention to the corresponding legislation updates.
2. Regarding the registration of new chemical substances
The Plan outlines to strengthen the supervision on the registration new chemical substances to prevent the generation of new pollutants. The Measures for the Environmental Management Registration of New Chemical Substances (MEE Order No.12) has been implemented almost a year and a half in China.
*Enterprises are advised to check whether the chemical substances that you are handling are new chemical substances subject to environmental management registration under MEE Order No.12 or not. If they are, they shall be registered as per the corresponding requirements.
3. Regarding the environmental risks assessment system
The Plan outlines that environmental and health hazard testing and risk screening will be carried out focusing on chemicals of high concern, high yield, high environmental detection rates and decentralized uses. Such chemicals are considered priority chemicals. The first batch of chemicals subject to environmental risk assessment will be published in 2022, as well as their environmental risk assessment plan.
*Two batches of chemical substances have been separately listed into the Catalogue of Priority Chemicals in 2017 and 2020. It will also be dynamically updated in the future. Enterprises are advised to pay attention to the updates of this catalogue and the corresponding environmental risk assessment plan for priority chemicals.
4. Regarding the Catalogue for Guiding Industry Restructuring
The Plan outlines to revise the Catalogue for Guiding Industry Restructuring. According to the Plan, for the phased-out chemicals (covering industrial chemicals, pesticides, veterinary drugs, pharmaceuticals, cosmetics, etc.) listed in this catalogue, if they are not phased out in time, the issuance of registration certificate or production permit of such chemicals will be ceased.
*Enterprises are advised to check whether the chemicals that you are handling fall into the Catalogue for Guiding Industry Restructuring or not. If the answer is yes, please phase out such chemical as soon as possible, or the issuance of the corresponding registration certificate or production permit will be ceased.
5. Regarding the import and export of chemicals
According to the Plan, for chemicals that are listed in the Catalogue of Goods Prohibited from Import (Export), the import and export of such chemicals will be controlled more strictly; for chemicals listed into the List of Toxic Chemicals under Strict Restrictions of China, the environmental management for the import and export of such chemicals will be strengthened.
*Enterprises are advised to check whether there are relevant activities involving such chemicals or not. If the chemicals that you are handling falls into any of the two foregoing lists, relevant activities will be strictly controlled, and countermeasures are needed.
6. Regarding mandatory standards
According to the Plan, proportion control of the key new pollutants in products will be strengthened, incorporating control requirements for content of relevant new pollutants into mandatory standards for products like toys, school supplies, etc., and supervising their implementation.
*Enterprises are advised to pay attention to the updates of the List of New Pollutants for Priority Management, which will be issued in 2022, and comply with the relevant requirements for the new pollutants subject to proportion control.
7. Regarding the first batch of new pollutants for priority management
According to the Plan, enterprises which produce, process, use or emit chemical substances listed in the List of New Pollutants for Priority Management shall be included as key pollutant discharge units.
* Enterprises that discharge new pollutants in the list shall adopt effective pollution control measures to meet relevant pollutant discharge control standards, and apply for a pollutant discharge permit or fill in a pollutant discharge registration form in accordance with requirements relating to pollutants discharge licensing management, clearly stating the pollution control requirements and pollution control measures that will be conducted.
8. Regarding pilot projects for new pollutants treatment
According to the Plan, pilot projects for new pollutants treatment will be conducted in selected enterprises and industrial parks in Yangtze River basin, Yellow River basin, key drinking water sources and key estuaries and bays, covering petrochemical, paints, textile printing and dyeing, rubber, pesticide, medicine and other key industries.
*Enterprises that handle relevant businesses in such areas and industries are advised to check whether you are the key enterprises in the relevant industry, or in the key industrial parks or not.
The official version of the Plan can be accessed here (in Chinese).
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