On May 29, the Shandong Provincial Bureau of Industry and Information Technology published the Regulations on the Management of Chemical Investment Projects in Shandong Province (Draft for Consultation). The time limit for public consultation is June 5, 2019.
On December 23, 2017, the General Office of the Shandong Provincial Government issued the Provisional Provisions for the Management of Chemical Investment Projects in Shandong Province (hereinafter referred to as the Provisional Provisions), which put forward some principles for the construction, reconstruction and expansion of chemical investment projects. The provisional provisions shall come into force on the date of promulgation and shall be valid for two years.
At present, in order to further strengthen and standardize the management of chemical investment projects, solve the new situations and problems encountered in the development of chemical industry in Shandong Province, clarify the responsibilities of the departments, work together to promote the advanced development, safe production and agglomeration of chemical industry in Shandong Province, and draft the Regulations on the Management of Chemical Investment Projects in Shandong Province (draft for comments).
The Regulations clearly stipulate that chemical investment projects should be implemented in chemical parks, specialized chemical parks and key monitoring points identified by the provincial government in principle, and conform to relevant urban and rural planning, land use planning and industrial development planning. The investment quota of new hazardous chemicals investment projects is not less than 300 million yuan in principle.
According to the relevant personnel of Shandong Special Action Office for Chemical Industry, compared with the Interim Provisions, the biggest change in the Draft for Consultation is to cancel the provincial joint examination, clarify the principles of who is responsible for the examination and approval, who is in charge of who is in charge of who is in charge of whom, strengthen supervision in the interim and after the event, and strengthen supervision and guidance.
In addition, the draft solicits opinions specifies the types and scope of projects that can be implemented outside the park. Organic fertilizer and microbial fertilizer manufacturing, explosive and pyrotechnic products manufacturing, and according to the Classified Management List of Environmental Impact Assessment (EIA) of Construction Projects, chemical investment projects with pure mixing or sub-packaging of EIA reports and registration forms can be implemented outside the chemical industry parks, specialized chemical industry parks and key monitoring points identified by the provincial government.
Regulations on the Management of Chemical Investment Projects in Shandong Province
(Draft for comments)
Chapter I General Provisions
Article 1 These Provisions are formulated for the purpose of fully implementing the Provincial Party Committee and Provincial Government's General Work Programme for the Special Action on the Transformation and Upgrading of the Safety Production of the Chemical Industry in Shandong Province, further strengthening and standardizing the management of chemical investment projects, and promoting the safe, green, intensive, high-end and efficient development of the chemical industry.
Article 2 The chemical industry referred to in these Provisions includes 25 categories of petroleum, coal and other fuel processing industries (except 2524 coal products manufacturing, 2530 nuclear fuel processing and 2542 biomass dense briquette fuel processing), 26 categories of chemical raw materials and chemicals manufacturing and 291 categories of rubber products in the National Economic Industry Classification Code List (GB/T 4754 & mdash; 2017) of the State Statistics Bureau.
Article 3 The term "investment projects" as mentioned in these Provisions refers to fixed assets investment projects such as new construction, expansion, reconstruction and technological transformation implemented by enterprises.
Article 4 The approval or filing of chemical investment projects for storage, operation and transportation shall be carried out in accordance with the authorization and filing authority and procedures prior to the special action of transformation and upgrading of production safety in Shandong chemical industry in June 2017.
Chapter II Investment Principles
Article 5 The principle of advancement. Chemical investment projects should strictly abide by relevant laws and regulations, conform to national industrial policies, support the development of incentive projects, strictly control restrictive projects, strictly prohibit the elimination of projects, and strictly restrict the construction of new highly toxic chemical projects.
Article 6 The principle of safety and environmental protection. Chemical investment projects should do a good job of environmental impact assessment and safety production evaluation in accordance with the requirements of relevant regulations, so as to ensure the simultaneous design, construction and acceptance of safety and environmental protection facilities.
Article 7 The principle of agglomeration and intensification. Actively promote chemical enterprises into the park, encourage upstream and downstream collaboration between enterprises, build a chain to strengthen the chain, promote enterprise restructuring and capacity integration.
Chapter III Project Management
Article 8 The approval and filing organs at all levels and other relevant departments responsible for supervision and management of projects according to law shall strictly implement the relevant provisions on project examination and approval and supervision in accordance with the division of responsibilities, strictly implement the relevant provisions on project examination and approval in accordance with the principles of who is responsible for the examination and approval and who is in charge of who is in charge of the supervision, strengthen supervision after the event and strengthen supervision and guidance.
Article 9 Chemical investment projects shall, in principle, be implemented in chemical industrial parks, specialized chemical industrial parks and key monitoring points identified by the provincial government, and conform to relevant urban and rural planning, land use planning and industrial development planning.
Article 10 For chemical investment projects to improve the prevention and control of environmental pollution, strengthen safety in production, and carry out environmental protection and safety facilities transformation, enterprises may carry out on-site transformation in the original plant area.
Article 11 Bromine extraction from seawater or brine, coking and gasification projects for new large-scale metallurgical projects, chlorine and hydrogen consumption projects for chlor-alkali enterprises may be built in situ or with existing enterprises.
Article 12 The manufacturing of 2625 organic fertilizer and microbial fertilizer, 2671 explosive and pyrotechnic products and the chemical investment projects with pure mixing or Sub-assembling of environmental impact assessment reports and registration forms according to the Category of Classified Management of Environmental Impact Assessment of Construction Projects can be implemented outside the chemical industry parks, specialized chemical industry parks and key monitoring points recognized by the provincial government. Where the State has relevant or other provisions, such provisions shall prevail.
Article 13 The investment in newly-built hazardous chemicals (see the latest edition of the Catalogue of Hazardous Chemicals for details) shall not be less than 300 million yuan (excluding land costs) in principle, except for the projects listed in the Catalogue of Guidance for Industrial Structure Adjustment and Catalogue of Guidance for Foreign Investment Industries and the projects relocated to the park.
Chapter IV Approval and Filing
Article 14 The provincial government approval and record-keeping organs shall be responsible for approving new oil refining projects and expanding one-off oil refining projects included in the relevant national approval plans, new ethylene, p-xylene (PX), diphenylmethane diisocyanate (MDI) projects, new coal-to-olefins, new coal-to-paraxylene (PX) projects included in the relevant national approval plans, and new coal-to-methyl formate projects with annual output of more than 1 million tons. Alcohol project.
Article 15 The approval and filing organs of municipal governments with districts shall be responsible for approving or filing new construction, expansion and new production capacity.Renovation and technical renovation of hazardous chemicals projects.
Article 16 The County (city or district) government approves and the record-keeping organ shall be responsible for the record-keeping of the renovation and technological renovation of hazardous chemicals projects without additional capacity, as well as the investment projects in non-hazardous chemicals chemical industry.
Chapter V Supplementary Provisions
Article 17 The date of implementation of these Provisions is January Day, 2019, and the period of validity is June 30, 2022. At the same time, the Notice on the Issuance of Provisional Regulations on the Management of Chemical Investment Projects in Shandong Province, issued in 2017, will be abolished.
Drafting Notes and Draft Requests for Opinions on "Regulations on the Management of Chemical Investment Projects in Shandong Province"
In accordance with the relevant provisions of the regulatory document filing system, the relevant information of the Regulations on the Management of Chemical Investment Projects in Shandong Province (hereinafter referred to as the Regulations) is described as follows:
I. Necessity of Documentation
The Regulations are the basic follow-up of chemical investment projects in the province. They are the effective means to guide the safe production, transformation and upgrading of chemical industry and to realize the transformation of new and old kinetic energy. In recent years, provincial Party committees and provincial governments attach great importance to the development of chemical industry. They have issued a series of policies and measures to promote the parks and green development of chemical industry, and strengthened the norms and guidance of project safety and environmental protection. On December 23, 2017, in order to conscientiously implement the deployment requirements of the Circular of the General Office of the Provincial Government of the General Office of the Provincial Party Committee on the Issuance of the General Work Programme for the Transformation and Upgrading of the Safety Production of the Chemical Industry in Shandong Province (No. 43 of the "Lu Office"), the Provincial Government Office issued the Provisional Provisions for the Management of Chemical Investment Projects in Shandong Province (No. 2017 of the "Lu Zheng Office"), which aimed at the new construction, reconstruction and upgrading of the chemical industry in Shandong Province. Several principles have been put forward for the expansion of chemical investment projects to promote the safe, clean, green, low-carbon, intensive, innovative and efficient development of chemical industry. The provisional provisions shall come into force on the date of promulgation and shall be valid for two years. At present, in order to further strengthen and standardize the management of chemical investment projects, solve the new situations and problems encountered in the process of the development of chemical industry in our province, clarify the responsibilities of the departments, work together to promote the advanced development, safe production and agglomeration of chemical industry in our province.
II. Drafting Basis
The Regulations are as follows: Circular of the General Office of the Provincial Party Committee and the Provincial Government on the Issuance of the General Work Programme of the Special Action for the Transformation and Upgrading of the Safety Production of the Chemical Industry in Shandong Province (No. 43 of Luting), Circular of the People's Government of Shandong Province on the Implementation Plan for Accelerating the High-quality Development of the Seven Energy-consuming Industries (No. 2018 of Luzheng), Customs of the People's Government of Shandong Province. Announcement of the government approved catalogue of investment projects (Shandong 2017 edition) (Lu Zhengfa [2017] 31), Category of Classified Management of Environmental Impact Assessment of Construction Projects (Decree No. 44 of the Ministry of Environmental Protection), Catalogue of Hazardous Chemicals (2015 edition) (General Administration of Safety Supervision, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Environmental Protection, Ministry of Transport, Ministry of Agriculture, and State Health) The Family Planning Commission, the General Administration of Quality Supervision and Inspection, the Railway Administration and the Civil Aviation Administration announcement No. 5 of 2015 is formulated on the basis. No administrative penalties, administrative licenses and administrative compulsory matters have been set up.
III. Drafting process
In mid-March, the Provincial Special Action Office for Chemical Industry drafted the Provisions (preliminary draft) on the basis of careful study of relevant national and provincial documents, discussions and telephone surveys. On May 8, the first draft was consulted by various municipal transformation departments, eight relevant trade associations and some enterprises, and feedback was studied and absorbed to form the "Regulations" (draft for comments). On May 10, a letter was sent to the relevant departments directly under the provincial level to seek opinions on the Regulations (draft for comments), and the Regulations (draft for signature) were perfected. The Industrial Upgrading Unit of the Chemical Special Action Office of the Drafting Office carried out a fair competition review. After the review, there was no situation affecting fair competition.
IV. Main Contents of Documents
There are five chapters and seventeen articles in the Regulations.
Chapter I, General Principles, mainly clarifies the basis for formulation and the scope of the object.
Chapter II, the investment principle, mainly clarifies the advanced principle, the principle of safety and environmental protection and the principle of intensive.
The third chapter, project management, mainly clarifies the principles of who is responsible for the approval, who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is in charge of who is The categories and scope of projects that can be implemented outside the park are defined. The investment quota of new hazardous chemicals investment projects is not less than 300 million yuan in principle.
Chapter IV, approval and filing, mainly clarifies the relevant functions and powers of provincial, municipal, County (city, district) approval and filing organs.
Chapter V, by-laws, mainly clarifies the implementation time of the interim measures.
Explanation of the date of implementation
The validity period of this regulation is from the date of issuance to 30 June 2022. In the Circular of the General Office of the Provincial Party Committee and the Provincial Government on the Issuance of the General Work Programme of the Special Action for the Transformation and Upgrading of the Safety Production of the Chemical Industry in Shandong Province (No. 43 of Luting Word, 2017), which is based on these Measures, it is clearly pointed out that the five-year special action for the transformation and upgrading of the safety production of the chemical industry in Shandong Province should be carried out with the deadline of 30 June 222, so the validity period of this provision is 2. June 30, 022.
VI. Request for comments and explanations
The time limit for public consultation is June 5, 2019. If you have any comments and suggestions, please contact the Industrial Upgrading Group of Shandong Chemical Industry Special Action Office in time. Contact address: No. 134 Jiefang Road, Lixia District, Jinan City. Contact number 0531-85293305.
Department of Industry and Information Technology of Shandong Province
29 May 2019