Business Alert - China
To implement the Work Plan of Shenzhen City for Upgrading Emission Reduction and Optimisation of Heavy Pollution Industries as an effort to promote the emission reduction and optimisation of heavy pollution enterprises, Shenzhen has formulated the Administrative Measures of Shenzhen City for Pollution Prevention and Control Performance Assessment of Heavy Pollution Enterprises in accordance with the Environmental Impact Assessment Law of the People's Republic of China, Clean Production Promotion Law of the People's Republic of China, and Regulations on Environmental Protection Regarding Construction Projects of the Shenzhen Special Economic Zone. The administrative measures went into force in July 2008.
In the administrative measures, heavy pollution industries refer to electroplating, printed circuit board production, printing and dyeing, papermaking, organic solvent production, centralised treatment of domestic sewage, large-scale farming, and power generation.
Under the measures, the environmental protection department is responsible for organising the assessment of pollution prevention and control performance. Targeting different heavy pollution industries, the department will formulate and issue an industrial pollution prevention and control performance assessment indicators system and details on expert rating, as well as formulate corresponding environmental protection market access requirements and clean production and environment management policies. The department will also, in accordance with the measures, compile a list of heavy pollution enterprises subject to pollution prevention and control performance assessment. A notice to that effect will be dispatched to the relevant enterprises.
Upon receipt of the notice, a heavy pollution enterprise should appoint an assessment body to compile the pollution prevention and control performance assessment report which must consist of the following:
Based on the opinions of experts, the environmental protection department will determine the pollution prevention and control performance grading of the assessed enterprises. For enterprises rated "good" (expert rating > 80), the environmental protection department will automatically extend their environmental protection approval or emission licence. The rating results would also be used as an important basis on which the grading of the enterprise will be upgraded.
For enterprises rated "passed" (expert rating > 60 and < 80), extension of environmental protection approval or emission licence is required. The environmental protection department will demand the enterprises to, within six months, reduce their total amount of pollutant emission in accordance with the technical level, total pollutant emission control programme or emission reduction obligation set out in the technical requirements of clean production. Enterprises which can complete their rectification task within the deadline to the satisfaction of the environmental protection department will be granted extension of their environmental protection approval or emission licence by the department.
For enterprises rated "failed" (expert rating < 60), the environmental protection department will not extend their environmental protection approval and will not approve their emission licence in the annual inspection. These enterprises will also be ordered to make rectification within six months. If, upon expiry of the deadline, the enterprises still fail to meet requirements, the environmental protection department will order them to suspend or close their business.