The General Office of the Ministry of Ecology and Environment ("MEE") has recently issued the Administrative Regulations on Ozone-depleting Substances and Hydrofluorocarbons (Revised Draft for Comment) (the "Draft for Comment") for public consultation by June 22, 2020.
The Draft for Comment contains 50 articles divided into six chapters, as the result of amendments to 37 articles, addition of 13 new ones and removal of four. The principal revisions proposed include: 1. adding the hydrofluorocarbons (HFCs) and renaming the Regulations accordingly; 2. establishing accurate definitions and use categories for the sake of targeted management; 3. refining the management system to highlight source control; 4. getting aligned with the existing laws and regulations and enriching the regulatory measures and approaches; 5. strengthening legal liability to ensure every violator will be punished on the legal basis; and 6. improving the supporting policies and measures to make sure these substances will be continuously reduced and finally eliminated. With regard to refining the management system, among others, the Draft for Comment sets forth requirements in six respects. For example, source control will be stepped up, and it is made clear that current types of production, including production for controlled use, production for ingredient use, and production as byproducts, will all be governed by the system of quota permits. And for activities where ozone-depleting substances and HFCs may be produced as byproducts, it is required that actions shall be taken to automatically monitor, recycle, or dispose in a harmless manner of these byproducts.