New "Dangerous Chemical Safety Management Regulations" announced

On November 13, 2005, the nitrobenzene distillation tower of the Double Benzene Plant of China National Petroleum Corporation Jilin Petrochemical Co., Ltd. exploded, causing 8 deaths, 60 injuries, direct economic losses of 69.08 million yuan, and triggering Songhua River water. Pollution incident. The accident and incident investigation team of the State Council has determined that this is an extremely serious production safety responsibility accident and a special major water pollution liability incident. This serious accident in the area of ​​hazardous chemicals has still left people scared. In recent years, there have been many accidents in the field of hazardous chemicals. The safety of production, warehousing, transportation, use, and other aspects has always been of concern to the people.

Recently, the revised "Regulations on the Administration of Dangerous Chemicals Safety" was promulgated. The regulations will come into effect on December 1, 2011. Then, what aspects of the new regulations have been amended in relation to the original regulations and how will they better protect the safety of hazardous chemicals?

Three major issues prompted amendments to the regulations

The current "Regulations on the Administration of Dangerous Chemicals Safety" will come into force on March 15, 2002. However, in recent years, some new situations and new problems have emerged in the safety management of dangerous chemicals. In order to adapt to these new situations and new issues, regulations have been revised to more effectively strengthen the management of hazardous chemicals.

These problems are mainly reflected in three aspects: First, in 2003 and 2008, the State Council carried out two organizational reforms, and the division of duties of the relevant departments in the area of ​​hazardous chemicals safety management has changed. Second, some weak links have emerged in the safety management of hazardous chemicals. For example, enterprises that use dangerous chemicals for production have more accidents, and public safety issues for hazardous chemicals that can be used to make explosives are more prominent. Third, some systems that reflect the existence of regulations in law enforcement practice are not perfect. For instance, the provisions of the penalties for illegal activities are not clear enough, and the penalties for certain illegal acts are not fully adapted to the nature and degree of harm.

Changes in division of duties in the department

Regarding the division of responsibilities between the relevant departments, the revised regulations mainly have three changes: First, the "comprehensive economic and trade management department," the "economic and trade management department," and the "responsible for the supervision and management of the safety of dangerous chemicals" mentioned in the current regulations. The department of comprehensive work was changed to "safety production supervision and management department". The second is to revise the provisions of the current regulations concerning the review and determination of hazardous chemicals packaging materials and containers by the economic and trade administrative department, so that the quality supervision, inspection and quarantine department is responsible for the issuance of industrial products for the packaging of dangerous chemicals and containers. license. Third, the State Council’s industry and informatization authorities and other relevant departments are clearly defined to be responsible for the planning and distribution of hazardous chemicals production and storage industries based on their respective responsibilities.

Establish a safe use permit system

Facts have proved that the use of dangerous chemicals, especially the use of dangerous chemicals in production, is as dangerous as the production of dangerous chemicals. The accidents in this area account for about a quarter of all hazardous chemical accidents. In order to further strengthen the safety management of the use of hazardous chemicals from the source, this revision has established a safe use permit system for hazardous chemicals.

It should be noted that the regulations define the scope of issuance of hazardous chemicals safety use licenses as chemical companies that use hazardous chemicals for production and that use a prescribed amount. At the same time, the regulations clearly stipulate that chemical companies that belong to dangerous chemical production enterprises do not need to obtain hazardous chemicals safety use licenses.

This revision will also include the warehousing of hazardous chemicals into the scope of hazardous chemicals operations, fill the gaps in the system, and further stringently obtain the conditions for the acquisition of hazardous chemicals business licenses.

Dangerous chemicals transportation safety has been strengthened

The current regulations stipulate that the shipper can only apply to the public security department of the county-level people's government at the destination of transportation to apply for a permit for handling road transport of highly toxic chemicals. However, in fact, many of the shippers’ residences had to be run back and forth in order to obtain their permits. In order to solve this problem, it is clearly stipulated in the revised regulations that the shipper can also apply for a permit to the public security organ at the place of origin. At the same time, there are no time limit requirements for the submission of some transport companies. Sometimes the processing time is relatively long, affecting the production and operation of the company. The regulations clearly stipulate the time limit for the approval of the public security organ, and the maximum time limit cannot exceed 7 days.

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