Notice on Strengthening the Identification of Hazardous Waste
Release time:
08 Sep,2021
Provincial, autonomous regional, and municipal ecological environment bureaus (departments), and the Xinjiang Production and Construction Corps Ecological Environment Bureau:
To implement the "Law of the People's Republic of China on the Prevention and Control of Solid Waste Pollution," strengthen environmental management of hazardous waste identification, and standardize the management of hazardous waste identification units, the following matters are hereby notified.
I. Strictly Carry Out Hazardous Waste Identification According to Law
(I) Units generating solid waste should assume the main responsibility for hazardous waste identification and actively carry out hazardous waste identification according to the provisions of this notice. For solid waste that needs hazardous waste identification, units generating solid waste and other relevant units (hereinafter referred to as the identification commissioning party) may entrust a third party to carry out hazardous waste identification or conduct the identification themselves. Hazardous waste identification units (including third-party units that undertake identification and units that conduct self-identification, hereinafter the same) shall be responsible for the content and conclusions of the identification report and bear the corresponding responsibilities.
(II) Hazardous waste identification units should meet the "Management Requirements for Hazardous Waste Identification Units" (see Attachment 1) and register on the National Hazardous Waste Identification Information Disclosure Service Platform (hereinafter referred to as the Information Platform, https://gfmh.meescc.cn). When registering, they should submit information on the unit's basic situation, technical strength, business information, non-confidential identification results, and credit information. After registering, hazardous waste identification units should proactively disclose basic information, declare and promise to be responsible for the authenticity and accuracy of the disclosed content, and actively accept social supervision. For changes to registered information, dynamic updates should be made on the information platform within 10 working days.
(III) Solid waste requiring hazardous waste identification includes:
1. Solid waste produced in production and other activities that may have toxic, corrosive, flammable, reactive, or infectious hazardous properties that may harm the ecological environment and human health.
2. Solid waste that may have hazardous properties and requires identification for environmental impact assessment in accordance with the relevant provisions of documents such as the "Guiding Opinions on Environmental Impact Assessment of Hazardous Waste from Construction Projects," and solid waste produced after the completion and operation of the construction project that requires identification.
3. Solid waste that ecological environment authorities consider necessary during daily environmental supervision, and which may have hazardous properties based on test data or process descriptions.
4. Solid waste with unknown responsible parties, such as that involved in sudden environmental events or historical legacy, that may have hazardous properties.
5. Other solid waste that should be identified in accordance with national regulations.
Hazardous waste identification involved in judicial cases shall be implemented in accordance with the regulations on judicial identification management.
II. Standardizing the Hazardous Waste Identification Process and Application of Results
(I) Before carrying out hazardous waste identification, the commissioning party should register on the information platform and disclose the planned hazardous waste identification. If the commissioning party plans to entrust a third party to carry out hazardous waste identification, they should select a hazardous waste identification unit on the information platform and sign a written entrustment contract, stipulating the rights and obligations of both parties.
(II) Hazardous waste identification units shall strictly carry out hazardous waste identification in accordance with national hazardous waste lists and national identification standards and methods such as the "Hazardous Waste Identification Standards" (GB 5085.1~7) and "Technical Specifications for Hazardous Waste Identification" (HJ 298).
(III) After completion of the identification, the commissioning party should upload the hazardous waste identification report, site investigation records, and other relevant materials to the information platform and make them publicly available, and simultaneously report to the municipal ecological environment authorities where the commissioning party is located. Content involving trade secrets in the identification report and other relevant materials can be kept confidential according to the law, but a statement of the situation should be uploaded.
(IV) For objections to the publicly disclosed hazardous waste identification report on the information platform, an assessment application can be submitted to the provincial hazardous waste identification expert committee where the commissioning party is located, along with reasons for the objections and relevant supporting materials. After the assessment is completed by the provincial hazardous waste identification expert committee, the commissioning party should upload the assessment opinions and the revised hazardous waste identification report and other relevant materials to the information platform and make them publicly available again.
For objections to the assessment opinions of the provincial hazardous waste identification expert committee, an assessment application can be submitted to the national hazardous waste identification expert committee, along with reasons for the objections and relevant supporting materials. The opinions of the national hazardous waste identification expert committee after assessment serve as the final assessment opinions on hazardous waste identification. The commissioning party should upload the final assessment opinions and revised materials to the information platform and make them publicly available again.
(V) If there are no objections to the hazardous waste identification report publicly disclosed on the information platform for 10 working days, or if the report is revised according to the assessment opinions of the provincial hazardous waste identification expert committee and there are no objections after being publicly disclosed on the information platform for 10 working days, or after revision based on the final assessment opinions and being publicly disclosed again on the information platform, the identification conclusions will serve as the basis for the completion acceptance of environmental protection of construction projects, wastewater discharge permit management, daily environmental supervision, law enforcement inspection, environmental statistics, and other solid waste environmental management work for the commissioning party. It will also serve as a reference for the dynamic adjustment of the national hazardous waste list.
After the hazardous waste identification report is publicly disclosed for 10 working days, and without the final assessment opinions issued by the national hazardous waste identification expert committee, any unit or individual may still submit an assessment application for the disputed hazardous waste identification report in accordance with the provisions of this notice.
For hazardous waste identified as such, units generating solid waste should strictly manage it according to relevant hazardous waste laws and regulations. If the reported content of solid waste, hazardous waste management plans, and other relevant content is inconsistent with the identification conclusions, units generating solid waste should promptly make changes based on the identification conclusions; If the identification conclusions indicate an increase in the types or amounts of pollutant discharges, a reapplication for a wastewater discharge permit should be made according to the law.
The commissioning party should promptly report the identification conclusions and modifications based on assessment opinions to the municipal ecological environment authorities where the commissioning party is located.
III. Strengthening the Organization and Management of Hazardous Waste Identification
(I) The Ministry of Ecology and Environment is responsible for the environmental management of hazardous waste identification nationwide and organizes the establishment of a national hazardous waste identification expert committee. Provincial ecological environment authorities are responsible for the environmental management of hazardous waste identification within their administrative regions and organize the establishment of provincial hazardous waste identification expert committees.
(II) The Ministry of Ecology and Environment organizes the construction and operation of the national hazardous waste identification information disclosure service platform. The information platform mainly provides free information disclosure services to enterprises and institutions, the public, and relevant government departments, and does not conduct manual review or modification of information such as hazardous waste identification units and identification reports. Commissioning parties and hazardous waste identification units should, as required, promptly disclose relevant information to the public through the information platform and be responsible for the authenticity, accuracy, timeliness, and completeness of the disclosed information.
(III) The Ministry of Ecology and Environment and provincial ecological environment authorities may organize irregular reviews of a certain percentage of hazardous waste identification units and reports. For acts such as untrue reported information, non-standard identification procedures, false identification reports, or falsification, they shall be handled according to laws and regulations, and the results of the handling shall be disclosed on the information platform.
(IV) The Ministry of Ecology and Environment will organize comprehensive evaluations of hazardous waste identification units in a timely manner, and the evaluation results will be disclosed on the information platform.
(5) National and provincial hazardous waste identification expert committees should conduct their work independently, objectively, and fairly, and accept social supervision.
Attachment: 1. Management Requirements for Hazardous Waste Identification Units
2. Requirements for the Preparation of Hazardous Waste Identification Reports
Office of the Ministry of Ecology and Environment
September 3, 2021
(This document is publicly available)
Attachment 1
Management Requirements for Hazardous Waste Identification Units
In order to standardize the management of hazardous waste identification units and enhance their support capacity for hazardous waste environmental management, in accordance with the relevant provisions of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste", management requirements are formulated for units within the People's Republic of China that carry out hazardous waste identification.
I. Basic Requirements. Hazardous waste identification units shall be units that can independently bear legal liabilities in accordance with the law, adhere to the principles of objectivity, fairness, science, and integrity, abide by relevant national laws, regulations, and standards, and are responsible for the authenticity, standardization, and accuracy of hazardous waste identification reports.
II. Professional and Technical Capabilities. Hazardous waste identification units shall possess hazardous waste identification technical capabilities and be equipped with a certain number of full-time professional and technical personnel with intermediate and above professional technical titles or equivalent capabilities in environmental science and engineering, chemistry, and other related majors, and among them, there should be technical personnel with more than 3 years of experience in hazardous waste management or research; a professional technical person in charge should be appointed to take overall responsibility for the technology and quality management of identification work, and the technical person in charge should have a senior or above technical title in the relevant major and more than 5 years of experience in hazardous waste management or research.
III. Testing and Inspection Capabilities. Hazardous waste identification units generally shall have the testing and inspection capabilities for relevant indicators of hazardous characteristics of solid waste and obtain qualifications such as testing and inspection agency accreditation. Those who do not have the above-mentioned testing and inspection capabilities and qualifications shall entrust testing and inspection units with the above-mentioned testing and inspection capabilities and qualifications to carry out the testing and inspection work in the identification work. For the identification of the same hazardous waste, the number of entrusted third-party testing and inspection units should not exceed 2.
IV. Organization and Management. Hazardous waste identification units shall have a complete organizational structure and sound management system, including work procedures, quality management, archive management, and technical management, and prepare hazardous waste identification plans and reports in accordance with the relevant provisions of "Requirements for the Preparation of Hazardous Waste Identification Reports" (see Attachment 2), ensuring the quality of preparation.
V. Workplace. Hazardous waste identification units shall have a fixed workplace, including necessary office conditions and facilities and venues for the management of hazardous waste identification reports and other archival materials.
VI. Archives Management. Hazardous waste identification units shall establish a sound archive management system and establish complete identification report archives. The archives shall include, but are not limited to, the following content: work entrustment contracts, on-site survey records and image materials, identification plans, test reports, identification reports, and expert review opinions and other quality review original documents. The above-mentioned archives shall be archived in a timely manner.
Attachment 2
Requirements for the Preparation of Hazardous Waste Identification Reports
I. Basic Requirements. Hazardous waste identification reports shall have complete information, true content, standardized preparation, and clear conclusions. Hazardous waste identification units and relevant personnel shall affix official seals and signatures in the corresponding positions and be responsible for their authenticity, standardization, and accuracy.
II. Identification Plan. For hazardous waste identification processes that require sample collection and hazardous characteristic testing, hazardous waste identification units shall prepare an identification plan before conducting identification work and organize experts to conduct technical review of the identification plan. The identification plan shall include, but is not limited to, the following content:
1. Preface. Including an overview of the identification client, the purpose of the identification, and the technical route.
2. Overview of the Identified Object. Including a detailed description of the generation process of the identified object, the production process, raw and auxiliary materials, and characteristic pollutant analysis related to the hazardous characteristics of the identified object.
3. Judgment of Solid Waste Attributes. Including the judgment and basis for whether the identified object belongs to solid waste, the judgment and basis for whether the identified object belongs to the waste in the national hazardous waste list, etc.
4. Identification and Screening of Hazardous Characteristics. Including the identification of hazardous characteristics of the identified object and the judgment and basis for screening hazardous characteristic identification and testing items.
5. Sampling Work Plan. Including the sampling technical plan, organizational plan, and quality control measures.
6. Testing Work Plan. Including the testing technical plan, organizational plan, and quality control measures.
7. Judgment Standards and Methods for Testing Results.
III. Report Content. The hazardous waste identification report includes the main text and attachments. Among them, the main text shall include, but is not limited to, the following content:
1. Basic Information. Including an overview of the identification client, the purpose and technical route of identification, and an overview of the identified object, etc.
2. Work Process. Including a brief description of the identification plan, the demonstration and modification of the identification plan, and the sampling and testing process.
3. Comprehensive Analysis. Including analysis of test data, judgment of test results, and basis.
4. Conclusions and Suggestions. Based on the test results, in accordance with relevant standards and regulations for hazardous waste identification, conclude whether the identified object is hazardous waste and provide suggestions for subsequent environmental management.
Attachments include identification plans, sampling records and test reports, technical review opinions, and relevant qualifications of testing and inspection institutions, etc., and the specific content shall be determined according to the hazardous waste identification work.
IV. Quality Control. Sample collection, packaging, transportation, storage, and testing in the identification process shall comply with relevant quality management requirements for testing and inspection. Testing and inspection shall comply with relevant requirements for qualification accreditation, and identification reports shall meet the quality management requirements for hazardous waste identification described in the "Management Requirements for Hazardous Waste Identification Units" (see Attachment 1).

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