Revision of the Regulations on the Management of Ozone Depleting Substances • Expert Interpretation (3) |Promote the green development of the petrochemical industry through the management of ozone depleting substances
Recently, the State Council promulgated the Decision of the State Council on Amending the Regulations on the Administration of Ozone Depleting Substances (hereinafter referred to as the "Decision"). The Regulations on the Administration of Ozone-Depleting Substances, which came into effect in 2010, are important administrative regulations formulated by China to fulfill the obligations under the Montreal Protocol on Ozone Depleting Substances (hereinafter referred to as the "Protocol"), which provides a legal basis for the phase-out and management of ozone-depleting substances in China and plays an important role in the implementation of the Convention. With the signing and implementation of the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the "Kigali Amendment"), the function of the Protocol has been expanded from protecting the ozone layer to combating climate change. In this context, the Decision further improves management measures, enhances regulatory efficiency, and has a positive impact on the green development of the petrochemical industry.
The petrochemical industry is a pillar industry of the national economy and has played an irreplaceable role in promoting the development of the national economy and improving people's lives. China is the largest producer of fluorine chemicals, which can produce almost all fluorine chemical products, of which the production and supply of fluorocarbon chemicals such as hydrochlorofluorocarbons and hydrofluorocarbons controlled by the Protocol account for more than 70% of the world's total, and it is the protagonist in the international arena of compliance. It is the unshirkable historical responsibility of the petrochemical industry to implement the "Decision", strictly regulate the business behavior of the industry, and continue to promote green development.
The first is to focus on the performance obligations and clarify the direction of green development of the industry. According to the needs of the development of the situation and the new requirements of the Kigali Amendment, the Decision adjusts the scope of controlled substances to facilitate the inclusion of HFCs in the List of Controlled Ozone Depleting Substances in China, which further consolidates the foundation of the legal system, which not only provides a guide for future compliance work, but also clarifies the direction of green development of the industry. The petrochemical industry should conscientiously study and implement the requirements of the "Decision", enhance the industry's awareness of compliance, implement the responsibility of performance, and strictly abide by the "2024 Total Hydrofluorocarbon Quota Setting and Allocation Plan" and relevant provisions of quota management while continuing to complete the management plan for the phase-out of the HCFC industry, and organize production. In terms of R&D and production planning of HFC alternatives, we should adhere to the direction of meeting the requirements of the Kigali Amendment and the green development of products. The petrochemical industry has made great contributions to the protection of the ozone layer in the past 30 years, and will make new and greater contributions in the new journey of actively responding to climate change in the future.
The second is to optimize regulatory measures to improve the efficiency of ozone-depleting substance management. The "Decision" optimizes and adjusts the management measures of ozone-depleting substances, clearly stipulates the behavior of ozone-depleting substances incidentally generated in the production process, and requires relevant production enterprises to install automatic monitoring equipment and adopt networked transmission means to ensure that the monitoring data is true and accurate, and effectively improve the efficiency of supervision. The petrochemical industry should actively support and cooperate with the management of relevant departments such as the ecological environment, and the relevant enterprises should strictly implement the management regulations, purchase and install monitoring equipment according to the standards, and ensure the normal operation of the equipment and the accurate and timely transmission of monitoring data.
The third is to strengthen legal responsibility and ensure the implementation of the performance plan. The "Decision" increases the punishment of illegal acts, increases the amount of fines, and improves the types of punishments. The petrochemical industry has been calling for years for the government to intensify its crackdown on illegal production, clean up the market, create a fair business environment, and protect the rights and interests of legitimate enterprises. It is believed that the "Decision" will play a positive role in promoting the high-quality development and performance of the petrochemical industry.
(The author is Zhuang Xiangning, deputy director of the Department of Quality, Safety and Environmental Protection of China Petroleum and Chemical Industry Federation)
