To the relevant units:

　　In order to implement the "Environmental Protection Law", the "Law on the Prevention and Control of Environmental Pollution by Solid Waste", and other laws and regulations, standardize hazardous waste identification, and improve the level of environmental pollution prevention and control of hazardous waste, our department has drafted the "Hazardous Waste Identification Work Guide (Trial) (Draft for Comments)". This is now sent to you for your review. Please submit your written comments and feedback to our department before January 10, 2017 (please send electronic documents to the contact person's email address).

　　Contact Person: Nie Zhiqiang, Soil Environment Management Department, Ministry of Environmental Protection

　　Tel: (010) 66556293

　　Fax: (010) 66556252

　　Email: swmd@mep.gov.cn

　　Address: 115 Xizhimen Nanxiaojie Street, Xicheng District, Beijing

　　Postcode: 100035

　　Attachment: Hazardous Waste Identification Work Guide (Trial) (Draft for Comments)

　Office of the Ministry of Environmental Protection

　　December 19, 2016

Hazardous Waste Identification Work Guide (Trial) (Draft for Comments)

Article 1 This Guide applies to the hazardous waste identification work carried out by hazardous waste identification units. Hazardous waste identification refers to the process by which a hazardous waste identification unit determines the hazardous characteristics of solid waste to be identified, based on the "National Hazardous Waste List" or in accordance with national hazardous waste identification standards and relevant regulations such as the "Hazardous Waste Identification Technical Specifications", and clarifies whether the solid waste belongs to hazardous waste.

Article 2 Units engaged in hazardous waste identification work shall meet the necessary conditions for hazardous waste identification units stipulated in this Guide (see Appendix for details). The analysis and testing work related to the hazardous characteristics of solid waste shall be carried out by the identification unit or a testing unit commissioned by it that has passed the China Metrology Accreditation and has the relevant hazardous characteristic testing capabilities.

Article 3 When the source of solid waste is unclear, the source of solid waste should be determined through traceability analysis; when the source of solid waste is clear, the identification work should be carried out according to the following situations:

(1) Solid waste explicitly listed in the "National Hazardous Waste List" is considered hazardous waste and identification should be terminated and an identification conclusion should be issued to the commissioning party.

(2) Solid waste whose attributes can be directly determined based on the relevant judgment rules in the "Hazardous Waste Identification Standard General Rules (GB 5085.7)" should have identification terminated and an identification conclusion issued to the commissioning party.

(3) For solid waste that is not included in the "National Hazardous Waste List" and whose attributes cannot be directly determined based on the relevant judgment rules in the "Hazardous Waste Identification Standard General Rules (GB 5085.7)", if through comprehensive analysis of raw and auxiliary materials, production processes, generation stages, and main components, it is determined that the solid waste is unlikely to have hazardous characteristics, then it does not belong to hazardous waste. Identification should be terminated and an identification conclusion should be issued to the commissioning party.

(4) For solid waste other than the above situations, it is necessary to determine its hazardous characteristics through sampling and testing and analysis, and carry out hazardous characteristic identification work according to Articles 5 to 8 of this Guide.

Article 4 The identification procedure for the hazardous characteristics of solid waste shall include: identification commissioning, preparation of the identification plan, sampling and testing, and issuance of the identification report.

Article 5 Commissioning of Identification. The commissioning party for identification submits a request to the hazardous waste identification unit to determine whether a specific solid waste is hazardous waste. The commissioning party shall commission the identification unit in writing to conduct identification work, sign a commission contract, and pay the identification technical service fee. The commissioning party shall provide technical data related to the solid waste to be identified, including raw and auxiliary materials, process, physical and chemical properties, and relevant content involved in the environmental impact assessment.

Article 6 Preparation of Identification Plan. The identification unit shall prepare an identification work plan based on the generation and pollution characteristics of the solid waste to be identified.

After the identification unit accepts the commissioning from the commissioning party, it shall prepare a hazardous waste identification plan. The identification plan shall include at least the following main contents:

(1) A detailed description of the production process of the solid waste to be identified, including the raw and auxiliary materials involved and the generation situation.

(2) Production capacity and current production status related to the solid waste to be identified.

(3) Identification of hazardous characteristic identification items and the basis for identification.

(4) Sampling work plan (including sampling technical plan and organization plan).

(5) Testing work plan (including testing technical plan and organization plan). In the case of hazardous waste identification for environmental pollution cases, the testing work should focus on traceability analysis, and the physical and chemical properties of the samples should be analyzed and tested to determine the name, source, and hazardous characteristics of the solid waste.

(6) Judgment standards and methods for the test results.

Article 7 Sampling and Testing. The identification unit and testing unit shall implement sampling and testing work according to the identification plan and issue a test report. Except for samples submitted by judicial organs, public security organs, and environmental protection departments, the identification unit shall not accept samples directly submitted for testing by other commissioning parties. The specific requirements are as follows:

(1) Samples for hazardous waste identification in environmental pollution cases should be typical samples extracted from the solid waste that caused the pollution and that represent the characteristics of all solid waste. The quantity of each typical sample should be controlled to within 10; the sampling work for hazardous waste identification by solid waste generating units shall be carried out in accordance with the "Hazardous Waste Identification Technical Specifications". The sampling process should record and verify the production situation of the commissioning party. If significant changes in the production process of the commissioning party are found that may have a significant impact on the identification conclusions, sampling should be terminated, and the identification plan or sampling should be redone as appropriate. The collection, preparation, and packaging of samples should be completed by at least two technical personnel, and the sampled samples should be retained for at least 12 months for verification of the identification conclusions in case of objections or disputes.

(2) If non-standard methods are required during the testing process, they shall be developed and verified according to the relevant procedures of the testing unit's quality certification document.

(3) The test report should be written in accordance with the requirements of China Metrology Accreditation and shall include at least the scope of work, sampling and testing time, main instruments used for sampling and testing, sampling method, sampling work status, sample preservation status, sample pretreatment method, detection and analysis method, test results, and quality control information.

Article 8 Issuance of Identification Reports. The identification unit shall determine whether the solid waste belongs to hazardous waste and issue an identification report to the entrusting party, and simultaneously submit it to the provincial environmental protection authority where the entrusting party is located for filing. The issued identification report must be signed by the person in charge and technical person in charge of the identification unit, and stamped with the official seal of the identification unit. The identification report shall at least include the following main contents:

(1) Identification entrustment situation.

(2) Detailed description of the source of solid waste.

(3) Conclusion on whether the solid waste to be identified belongs to hazardous waste and relevant judgment basis.

(4) If sampling and testing are carried out, the identification plan, sampling record, and testing report and other relevant materials shall also be included.

The identification unit shall archive the hazardous waste identification entrustment letter, identification plan, test report, and identification report, and the preservation period shall be no less than 20 years.

Article 9 Hazardous waste identification units shall establish and improve a quality assurance and quality control system, strictly implement national and local laws, regulations, standards, and technical specifications, carry out identification work scientifically, fairly, and honestly, make self-commitments to ensure that the identification results are true, accurate, and objective, be responsible for the identification conclusions issued, and keep technical and commercial secrets for the entrusting party. Hazardous waste identification units shall bear all legal liabilities caused by errors in identification conclusions due to their own reasons. Hazardous waste identification units shall actively disclose information and voluntarily accept supervision from the public and environmental protection departments to improve their integrity and service levels.

Article 10 Encourage hazardous waste identification units to establish industry self-regulatory organizations and expert committees to coordinate and solve common identification problems. Strengthen the industry management of hazardous waste identification, sign quality assurance commitments, and promote industry self-discipline. Organize business training for hazardous waste identification technicians, evaluate the business level of hazardous waste identification units, and promote continuous improvement of the service level of the hazardous waste identification industry.

Article 11 Hazardous waste identification industry self-regulatory organizations shall use information technology to establish a dynamic database of hazardous waste identification units, register and publish information on the names of identification units, identification service status, qualifications, personnel, business, performance, contracts, public evaluations, credit records, and supervision and inspection results, dynamically manage hazardous waste identification units, establish a publicity system and exit mechanism, and form a benign competitive situation of "survival of the fittest".

Article 12 Before June 30 and December 31 each year, the provincial environmental protection authorities shall submit the hazardous waste identification work and hazardous waste identification reports within their administrative regions to the Ministry of Environmental Protection.

Article 13 The Ministry of Environmental Protection and the provincial environmental protection authorities shall supervise and manage hazardous waste identification work through irregular random checks, and the inspection results shall be publicly announced to the whole society. When there are objections or disputes among the relevant parties to the identification on the identification results, they can request the provincial and above environmental protection authorities to make judgments and rulings. Hazardous waste identification units that engage in falsification, violations of disciplines and laws will be reported on the "Credit China" network platform. For hazardous waste identification units that falsify in relevant identification service activities and are responsible for the resulting environmental pollution and ecological damage, in addition to being punished in accordance with relevant laws and regulations, they shall also bear joint and several liability with other responsible parties for environmental pollution and ecological damage. Those that do not meet the identification standards and specifications, or whose identification results are incorrect, will be given a public criticism and be required to rectify within a time limit; those that engage in falsification or tamper with or forge test data will be punished according to law and included in the blacklist; those that constitute a crime will be investigated for criminal responsibility according to law.

Article 14 This guideline shall be interpreted by the Ministry of Environmental Protection.

Article 15 This guideline shall come into effect from 2017 .

Appendix

Essential Conditions for Hazardous Waste Identification Units

1. Having legal person qualifications, able to independently, objectively, fairly, and scientifically carry out identification work. Be responsible for the scientificity and accuracy of the identification conclusions, and be able to bear the corresponding legal liabilities.

2. Having more than 8 technical personnel with intermediate and above professional titles in related majors such as environmental engineering, analytical chemistry, environmental monitoring, and chemical engineering, and with more than 3 years of experience in hazardous waste management or research, among which the technical person in charge should have a senior technical title.

3. Having experience in hazardous waste management or research and corresponding technical foundation, and being familiar with hazardous waste characteristic identification procedures.

4. Having a sound organizational structure and a complete laboratory quality management system, including organizational system, work procedures, quality management, operating specifications and other relevant contents, and effectively operating.

5. Having good comprehensive credit and being able to be honest and self-disciplined.