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On June 4, 2020, the Chinese Ministry of Ecology and Environment (MEE) published a draft revision to the Administrative Measures for Hazardous Waste Operation Licenses [1] for a public consultation. The revised Measures will be titled Administrative Measures for Environmental Licenses of Hazardous Wastes, signaling another move by China to incorporate chemical regulation into its environmental management framework.
The existing Measures has been a centerpiece regulation in the administration of hazardous wastes since its introduction in 2004. By the end of 2018, nearly 3,100 businesses had obtained the Hazardous Waste Operation Licenses, 3.5 times the number in 2006, with marked progress made in their management and operations.
However, great changes have taken place in China’s economic and social landscapes and ecological and environmental undertaking throughout the past decade. And the Law on Prevention and Control of the Solid Waste Pollution (ChemLinked news [2]), the upper-level legislation of the Measures, has been recently overhauled, which includes adjustments made to rules concerning the licensing administration of hazardous wastes. Given all this, a revision to the Measures is required to meet new regulatory requirements.
The highlights in the draft revision can be summarized into the following three aspects:
Upgraded Licensing Administration of Hazardous Wastes
The Environmental Licenses of Hazardous Wastes are divided into two categories:
Ø Comprehensive Licenses for Hazardous Wastes (their holders can engage in the collection, storage, use and disposal of certain types of hazardous wastes); and
Ø Collection Licenses for Hazardous Wastes (their holders can engage in only the collection and storage of certain types of hazardous wastes).
The Collection Licenses for Hazardous Wastes were previously issued by county-level administrations of ecology and environment. But in the revised Measures, the issuers will be administrations of ecology and environment at or above the level of municipalities which contain subordinate districts.
The draft revision also provides well-conceived conditions and requirements for different types of licensing, such as those for centralized disposal of medical wastes and those regulated by special provisions.
Streamlined Formalities and Strengthened Oversight
The draft revision expands the scope of hazardous wastes which can be collected by holders of the Collection Licenses for Hazardous Wastes, clarifies exemptions in the administration of hazardous wastes, and allows provincial-level administrations of ecology and environment to delegate part of its review and approval power to municipal-level ones. Businesses are encouraged to submit applications online, so as facilitate businesses to acquire licenses and for authorities to exercise oversight.
While invigorating market entities with simplified formalities, the draft revision will also enable more stringent regulation by, for example, including the requirements for testing capabilities in the conditions for issuing the Comprehensive Licenses for Hazardous Wastes. Harsher penalties will be imposed on any violators of the Measures if the draft revision is adopted.
Alignment with Relevant Laws and Regulations
The draft revision reinforces its connection with the Law on Prevention and Control of the Solid Waste Pollution, the Soil Pollution Prevention Law (ChemLinked news [3]), and the Regulations on the Administration of Pollutant Discharge Licenses which is currently under discussion and development. It will contribute to the building of comprehensive and unified regulatory system for wastes and pollution control.
