State Council Order: Strengthening the Supervision and Disposal of Hazardous Waste!

Release Date:

2021-05-27

Notice of the General Office of the State Council on Issuing the Implementation Plan for Strengthening the Supervision and Enhancing the Capacity for the Utilization and Disposal of Hazardous Waste
General Office Letter [2021] No. 47
To the People’s Governments of all provinces, autonomous regions, and municipalities directly under the central government; to all ministries and commissions of the State Council, and to all agencies directly affiliated with the State Council:
The “Implementation Plan for Strengthening the Supervision and Enhancing the Capacity for the Utilization and Disposal of Hazardous Waste” has been approved by the State Council. It is hereby circulated to you; please ensure its diligent implementation.

The General Office of the State Council

May 11, 2021

(This document is publicly released.)

Implementation Plan for Strengthening the Supervision and Enhancing the Capacity for the Utilization and Disposal of Hazardous Waste

This Plan is formulated to thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council, to enforce the provisions of the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste and other relevant laws and regulations, to enhance the capacity for the supervision, utilization, and disposal of hazardous waste, and to effectively prevent and control environmental and safety risks associated with hazardous waste.
I. General Requirements
(1) Guiding Principles. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will comprehensively implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth, and Fifth Plenary Sessions of the 19th CPC Central Committee; thoroughly apply Xi Jinping’s Thought on Ecological Civilization; and, in accordance with the decisions and arrangements of the CPC Central Committee and the State Council and the requirements of the National Conference on Ecological and Environmental Protection, uphold the principles of precise, scientific, and law-based pollution control. With the sustained improvement of ecological and environmental quality as the core objective and the effective prevention and control of environmental and safety risks associated with hazardous waste as the overarching goal, we will deepen institutional and mechanism reforms, focus on enhancing our capacity for the supervision, utilization, and disposal of hazardous waste, and earnestly safeguard public health and ecological and environmental safety.
(II) Principles of Work.
Uphold reform and innovation, and focus on unleashing vitality. Comprehensively deepen reform, adopt innovative approaches and methods, stimulate market dynamism, and encourage regions with the necessary conditions to take the lead in piloting new initiatives, thereby effectively addressing the most pressing issues in the regulation, utilization, and disposal of hazardous waste.
Adhere to law-based governance and strengthen regulatory oversight. Improve the legal framework, regulations, and standards related to hazardous waste; clarify the division of responsibilities among relevant departments; establish and refine interdepartmental coordination mechanisms; and enhance the overall hazardous waste regulatory system.
Adhere to integrated planning and focus on addressing shortcomings. Through scientific assessment, rational site selection, and structural optimization, we will address gaps in the collection and treatment infrastructure for medical waste and hazardous waste, tailored to specific industries and regions.
Adhere to multi‑stakeholder governance and focus on risk prevention and control. Strengthen government guidance and support, hold enterprises fully accountable for their responsibilities, and harness the oversight roles of social organizations and the public. Implement joint prevention, coordinated control, and integrated management to firmly safeguard the environmental and safety red lines for hazardous waste.
(3) Work Objectives. By the end of 2022, the regulatory system and mechanisms for hazardous waste will be further improved, with a coordinated mechanism established between safety oversight and environmental regulation; the trend of frequent illegal transfer and dumping of hazardous waste will be effectively curbed. Gaps in the collection and treatment infrastructure for medical and hazardous waste will be largely addressed, with the harmless disposal rate of medical waste in built-up areas of cities at or above the county level reaching over 99%, and the hazardous waste treatment capacity of each province (autonomous region, municipality directly under the central government) essentially meeting the disposal needs within its administrative territory.
By the end of 2025, a comprehensive regulatory system for hazardous waste will be established and improved, ensuring rigorous prevention at the source, stringent management throughout the process, and severe penalties for adverse consequences. The capacity for the utilization and disposal of hazardous waste will be fully assured, with further enhancements in both technological capabilities and operational standards.
II. Improving the Regulatory System and Mechanisms for Hazardous Waste
(4) All regions and departments shall, in accordance with their respective responsibilities, implement oversight duties related to hazardous waste. The State shall formulate overarching policies and guidelines for the management of hazardous waste, while people’s governments at all local levels shall bear overall responsibility for hazardous waste management within their jurisdictions. Relevant departments, including those responsible for development and reform, industry and information technology, ecological environment, emergency management, public security, transport, health, housing and urban–rural development, and customs, shall fulfill their regulatory obligations concerning the utilization and disposal of hazardous waste, prevention and control of environmental pollution, workplace safety, transport safety, and public health and epidemic prevention. Inter‑departmental coordination and communication shall be strengthened to create synergies in implementation. (The Ministry of Ecology and Environment, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban–Rural Development, the Ministry of Transport, the National Health Commission, the Ministry of Emergency Management, the General Administration of Customs, and people’s governments at all local levels are responsible for implementation. The following measures also require implementation by local people’s governments at all levels; no further listing is provided.)
(5) Establish a regional joint prevention and control mechanism for environmental risks associated with hazardous waste. By the end of 2022, regions including the Beijing–Tianjin–Hebei area, the Yangtze River Delta, the Pearl River Delta, and the Chengdu–Chongqing region will have put in place comprehensive cooperation mechanisms, strengthen information sharing on hazardous waste management and coordinated law enforcement, and achieve complementary advantages in the construction and operational management of centralized hazardous waste treatment facilities. (Led by the Ministry of Ecology and Environment, with participation from the Ministry of Public Security, the Ministry of Transport, and other relevant departments.)
(6) Implement the principal responsibility of enterprises. The principal person in charge (legal representative or de facto controller) of enterprises that generate, collect, store, transport, utilize, or dispose of hazardous waste (hereinafter collectively referred to as “hazardous‑waste‑related enterprises”) shall be held primarily responsible for preventing and controlling environmental pollution caused by hazardous waste and for ensuring workplace safety, and shall strictly comply with relevant laws, regulations, and institutional requirements on these matters. (The Ministry of Ecology and Environment, the Ministry of Public Security, the Ministry of Transport, the Ministry of Emergency Management, and other departments shall assume responsibilities according to their respective duties.) Hazardous‑waste‑related enterprises shall, in accordance with the law, promptly disclose information on the prevention and control of environmental pollution caused by hazardous waste, and obtain environmental pollution liability insurance in compliance with applicable laws and regulations. (The Ministry of Ecology and Environment, the China Banking and Insurance Regulatory Commission, and other departments shall assume responsibilities according to their respective duties.)
(7) Enhance the information‑based environmental management system for hazardous waste. Leveraging the ecological and environmental protection information‑technology initiative, refine the National Hazardous Waste Environmental Management Information System to enable online reporting of hazardous waste generation, online filing of management plans, online operation of transfer manifests, online submission of utilization and disposal reports, and end‑to‑end online monitoring. Launch pilot projects for the development of an online trading platform for the collection, transportation, utilization, and disposal of hazardous waste, as well as for third‑party payment services. Encourage regions with the necessary conditions to implement integrated smart monitoring measures such as video surveillance and electronic tags, thereby achieving full‑process tracking and management of hazardous waste and ensuring interoperability and data sharing with relevant administrative and judicial authorities. (Led by the Ministry of Ecology and Environment, with participation from the National Development and Reform Commission, the Ministry of Finance, and other agencies.)
III. Strengthening Source-Side Control of Hazardous Waste
(8) Improve the hazardous waste identification system. Dynamically revise the National Catalogue of Hazardous Wastes, implement exemption management for specific stages for categories of hazardous waste posing low environmental risks, and establish a list of excluded hazardous wastes. By the end of 2021, formulate and promulgate measures for the administration of hazardous waste identification, standardizing the identification procedures and the regulatory requirements for identification entities. (Led by the Ministry of Ecology and Environment, with participation from the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Transport, and other relevant departments.)
(9) Strengthen environmental access controls. For new, renovated, and expanded projects, conduct environmental impact assessments in accordance with the law, and strictly enforce the “three simultaneous” management requirements for facilities designed to prevent and control pollution from hazardous waste. Conduct reviews, in compliance with laws and regulations, of approved environmental impact assessment documents for key‑industry projects involving hazardous waste. Implement, as required by law, the pollutant discharge permitting system for industrial hazardous waste. Promote standardized environmental management of hazardous waste. (The Ministry of Ecology and Environment is responsible.)
(10) Promote source‑level waste reduction. Support the research, development, and dissemination of production processes and equipment that minimize the generation of industrial hazardous waste and reduce its harmfulness, thereby fostering a reduction in both the quantity and the hazard level of hazardous waste at the source. (Led by the Ministry of Industry and Information Technology, with participation from the National Development and Reform Commission, the Ministry of Ecology and Environment, and other relevant agencies.)
IV. Strengthening Supervision of Processes Such as the Collection and Transportation of Hazardous Waste
(11) Promote the professionalization of collection, transportation, and storage. Deepen the implementation of domestic waste sorting and establish a collection and transportation system for hazardous waste. (Led by the Ministry of Housing and Urban–Rural Development, with participation from relevant departments.) Support specialized entities engaged in the collection, transportation, utilization, and disposal of hazardous waste to build regional collection points and storage facilities, and provide paid collection and transportation services for hazardous waste generated by small and micro‑enterprises, research institutions, schools, and other entities. Launch pilot projects for the centralized collection and storage of hazardous waste in industrial parks. Encourage universities with suitable conditions to establish demonstration projects for the categorized collection and pre‑treatment of laboratory hazardous waste in designated areas. (The Ministry of Ecology and Environment, the Ministry of Transport, the Ministry of Education, and other agencies shall assume responsibilities according to their respective duties.)
(12) Promote the facilitation of transfer and transportation. Establish a registration system for vehicles transporting hazardous and medical waste, refine “point-to-point” standby transit routes, and ensure that such vehicles travel in a standardized, orderly, safe, and convenient manner. (The Ministry of Public Security, the Ministry of Ecology and Environment, the Ministry of Transport, the National Health Commission, and other relevant departments shall assume responsibilities according to their respective duties.) Based on enterprises’ environmental credit records and the level of controllable environmental risks, streamline the inter-provincial transfer approval procedures for hazardous waste through a “whitelist” approach. Safeguard a fair and competitive market order for the cross-regional transfer of hazardous waste, and prohibit local authorities from imposing unreasonable administrative barriers. (The Ministry of Ecology and Environment is responsible.)
(13) Severely crack down on illegal and criminal activities involving hazardous waste. Strengthen environmental law enforcement related to hazardous waste, making it a key component of comprehensive ecological and environmental protection enforcement. Rigorously prosecute illegal discharge, dumping, collection, storage, transfer, utilization, and disposal of hazardous waste, and implement the system of compensation for ecological and environmental damage. Enhance coordination and synergy among administrative law enforcement, criminal justice, and public-interest litigation by the procuratorate. (The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Ecology and Environment, and other relevant agencies shall assume responsibilities according to their respective duties.) Enterprises that conduct self‑inspection and self‑correction and promptly and properly dispose of historically accumulated hazardous waste shall be given lighter penalties in accordance with the law. (Led by the Supreme People’s Court and the Supreme People’s Procuratorate, with participation from the Ministry of Ecology and Environment and other relevant agencies.)
V. Strengthening the Regulation of Waste Hazardous Chemicals
(14) Establish a regulatory coordination mechanism. The emergency management authorities, the ecological and environmental authorities, and other relevant departments shall establish mechanisms for regulatory collaboration and joint law enforcement, ensuring close coordination and cooperation, timely, comprehensive, and effective information sharing, and the pooling of efforts to achieve synergistic results. (The Ministry of Ecology and Environment, the Ministry of Emergency Management, and other agencies shall assume responsibilities in accordance with their respective duties.)
VI. Enhancing the Basic Support Capabilities for Centralized Treatment of Hazardous Waste
(15) Strengthen the capacity for the treatment and disposal of hazardous waste belonging to special categories. Under national coordination, establish a number of utilization and disposal facilities for highly hazardous waste that poses significant risks to the environment and human health, with these facilities distributed according to regional needs; build a series of large-scale centralized incineration and disposal facilities for hazardous waste, also arranged on a regional basis; and, based on geological conditions, select suitable sites to construct hazardous waste landfill and disposal facilities, thereby achieving nationwide or regionally shared disposal capacities. (Responsible: People’s Governments of all provinces; relevant departments—including the National Development and Reform Commission, the Ministry of Finance, the Ministry of Natural Resources, the Ministry of Ecology and Environment, and the Ministry of Housing and Urban–Rural Development—shall assume responsibilities in accordance with their respective duties.)
(16) Promote overall alignment between hazardous waste disposal capacity and waste generation within each province. Provincial people’s governments shall conduct assessments of the match between hazardous waste generation and disposal capacity, as well as evaluations of facility operations, and formulate and implement, on a scientific basis, plans for the construction of centralized hazardous waste disposal facilities. By the end of 2022, the hazardous waste disposal capacity in each province, autonomous region, and municipality directly under the central government shall be broadly aligned with its waste generation levels. (Responsible: all provincial people’s governments; the National Development and Reform Commission, the Ministry of Finance, the Ministry of Natural Resources, the Ministry of Ecology and Environment, the Ministry of Housing and Urban–Rural Development, and other relevant departments shall assume responsibilities according to their respective duties.)
(17) Enhance the capacity for medical waste disposal within urban areas. Cities at or above the prefecture level should promptly establish at least one centralized medical waste treatment facility that meets operational requirements. By the end of June 2022, all counties (county-level cities) shall have established comprehensive systems for the collection, transportation, and treatment of medical waste. The development of mobile medical waste treatment facilities is encouraged to provide on-site treatment services in remote, grassroots settings. Strengthen the classified management of medical waste, ensure proper source‑level sorting, and promote standardized disposal. (Responsible: People’s Governments of all provinces; the National Development and Reform Commission, the Ministry of Ecology and Environment, the National Health Commission, and other relevant departments shall assume responsibilities according to their respective duties.)
VII. Promoting the High-Quality Development of the Hazardous Waste Utilization and Disposal Industry
(18) Promote the scaled development and professional operation of enterprises engaged in the utilization and disposal of hazardous waste. People’s governments at or above the prefecture‑level, together with relevant ecological and environmental departments, shall regularly publish information on hazardous waste to provide scientific guidance for the development of the hazardous‑waste utilization and disposal industry. The treatment capacity of newly built centralized incineration facilities for hazardous waste should, in principle, exceed 30,000 tonnes per year; direct landfilling of combustible, volume‑reduced hazardous waste shall be strictly controlled, and the co‑processing of hazardous waste in cement kilns should be developed in a measured manner. In line with the requirements of the “delegation, regulation, and service” reform, diversified investment and market‑oriented approaches are encouraged for the construction of large‑scale hazardous‑waste utilization facilities; enterprises are also encouraged to grow stronger through mergers, reorganizations, and other means, and to provide specialized construction and operational services, with the aim of fostering a group of world‑class enterprises in the field of hazardous‑waste utilization and disposal. (The National Development and Reform Commission, the Ministry of Ecology and Environment, and other relevant authorities shall assume responsibilities according to their respective duties.)
(19) Standardize the utilization of hazardous waste. Establish and improve a comprehensive standards system for the integrated utilization of solid waste, ensuring that products derived from such utilization comply with the purposes and standards stipulated by the state. (Led by the State Administration for Market Regulation, with participation from the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Ecology and Environment, the Ministry of Agriculture and Rural Affairs, and other relevant departments.) On the premise that environmental risks remain under control, explore exempting certain “point-to-point” targeted uses of hazardous waste from licensing requirements. (Led by the Ministry of Ecology and Environment, with participation from relevant departments.)
(20) Improve fiscal and financial policies. Refine the fee‑charging system for the disposal of hazardous and medical waste, formulate disposal fee standards, and adjust them as needed; provided that end-to‑end monitoring of hazardous waste is ensured and illegal or non‑compliant activities are traceable, the disposal fee may be determined through mutual negotiation. Establish a reserve‑fund system for decommissioning costs of centralized hazardous‑waste treatment facilities and sites, with such funds included in investment estimates or operating costs. Implement the environmental protection tax policy. Encourage financial institutions to increase credit support for projects aimed at preventing and controlling environmental pollution caused by hazardous waste. Explore the establishment of an ecological compensation mechanism for the cross‑regional transfer and disposal of hazardous waste. (The National Development and Reform Commission, the Ministry of Finance, the State Taxation Administration, the Ministry of Ecology and Environment, the National Health Commission, and other relevant departments shall assume responsibilities according to their respective duties.)
(21) Accelerate the promotion and application of advanced, applicable technological achievements. Focus on researching and demonstrating the application of technologies for the utilization and disposal of hazardous wastes—including waste acids, waste salts, and fly ash from municipal solid waste incineration—as well as for the prevention and control of environmental pollution. Establish and improve a comprehensive system for the verification and evaluation of environmental protection technologies; strengthen the development of national platforms for the transfer and commercialization of ecological and environmental scientific and technological advances; and promote the sharing and application of technological breakthroughs in the utilization and disposal of hazardous wastes. Encourage the adoption and deployment of new technologies and equipment for the centralized treatment of medical waste. (The Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Ecology and Environment, the Ministry of Housing and Urban–Rural Development, the National Health Commission, and other relevant departments shall assume responsibilities according to their respective duties.)
8. Establish an emergency medical waste disposal system that integrates peacetime and wartime needs.
(22) Improve the emergency response mechanisms for medical waste and hazardous waste. People’s governments at or above the county level shall integrate the collection, storage, transportation, and disposal of medical waste into the leadership and command system for major infectious disease outbreaks, strengthen overall coordination, and ensure adequate provision of vehicles, facilities, treatment infrastructure, and protective supplies. (The National Health Commission, the Ministry of Ecology and Environment, the Ministry of Housing and Urban–Rural Development, the Ministry of Transport, and other relevant departments shall assume responsibilities according to their respective duties.) Incorporate emergency response to sudden ecological and environmental incidents involving hazardous waste into the government’s emergency response framework, refine environmental emergency response plans, enhance capacity-building for environmental emergency preparedness related to hazardous waste, and ensure effective emergency handling of such waste. (The Ministry of Ecology and Environment shall take the lead, with participation from relevant departments.)
(23) Ensure emergency capacity for the treatment of medical waste during major epidemics. By coordinating newly built, under-construction, and existing hazardous waste incineration facilities, cement kilns capable of co-processing solid waste, municipal solid waste incineration plants, and other relevant resources, establish a roster of collaborative emergency treatment facilities. By the end of 2021, the people’s governments of all prefecture-level cities shall designate at least one collaborative emergency treatment facility and clearly define the management procedures and rules governing its operation in emergency mode. Facilities included on the collaborative emergency treatment roster shall, as appropriate, be equipped with backup feed systems for the emergency treatment of medical waste. (This is the responsibility of the people’s governments of each province; the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Ecology and Environment, the National Health Commission, the Ministry of Housing and Urban–Rural Development, and other relevant departments shall assume responsibilities according to their respective duties.)
9. Strengthening the Capacity for Environmental Risk Prevention and Control of Hazardous Waste
(24) Strengthen the building of a professional regulatory workforce. Establish a hazardous waste regulatory system that aligns with the needs of environmental risk prevention and control; enhance national capabilities in hazardous waste regulation and emergency response technical support; systematically develop a three-tiered technical support framework for hazardous waste environmental management at the national, provincial, and municipal levels; reinforce the comprehensive law enforcement capacity and institutional framework for ecological and environmental protection; bolster the pool of specialized professionals; ensure adequate staffing and robust personnel deployment; and effectively improve the capacity for environmental oversight and risk prevention related to hazardous waste. (Led by the Ministry of Ecology and Environment, with participation from the Central Organization Department and other relevant agencies.)
(25) Improve supporting laws and regulations. Implement the newly revised Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, refine the management system for hazardous waste operating permits and the transfer‑management system, and revise pollution‑control standards and specifications related to the storage, incineration, and identification of hazardous waste. (The Ministry of Ecology and Environment, the Ministry of Transport, the Ministry of Public Security, the Ministry of Justice, and other relevant departments shall assume responsibilities according to their respective duties.)
(26) Enhance basic research capabilities. Strengthen the planning and deployment of scientific and technological research on risk prevention and control, as well as the utilization and disposal of hazardous waste, and actively support relevant research activities through existing channels. Conduct research on the identification of environmental risks associated with hazardous waste and the underlying mechanisms of risk control; bolster regional capacities for testing, analysis, and environmental risk‑prevention technologies related to hazardous waste and chemicals; and reinforce systems for environmental risk early warning and decision‑making support in the field of hazardous waste management. (The Ministry of Science and Technology, the Ministry of Ecology and Environment, and other relevant agencies shall assume responsibilities according to their respective duties.)
X. Safeguard Measures
(27) Strengthen the accountability of local governments and relevant departments. People’s governments at all levels shall enhance organizational leadership over measures to reinforce the regulation of hazardous waste and improve its collection, utilization, and disposal capacities. Local people’s governments at or above the county level shall include the status of preventing and controlling environmental pollution caused by hazardous waste in their annual reports on the state of the environment and the achievement of environmental protection goals, and shall submit these reports to the people’s congress at the corresponding level or its standing committee. Relevant departments shall, in accordance with their respective responsibilities, rigorously fulfill their duties in regulating hazardous waste and strengthen inter‑agency coordination and collaboration. Those who fail to perform their regulatory duties or whose oversight is inadequate shall be held strictly accountable in accordance with the law. (Relevant departments shall assume responsibility according to their respective divisions of labor.) A target‑responsibility system and an assessment‑evaluation mechanism for preventing and controlling environmental pollution from hazardous waste shall be established, with the achievement of hazardous‑waste‑related environmental protection targets serving as an important reference in evaluating the performance of Party and government leading bodies and relevant leading cadres. (The Ministry of Ecology and Environment shall take the lead, with participation from the Central Organization Department and other relevant agencies.)
(28) Strengthen inspection efforts. During central and provincial ecological and environmental protection inspections, intensify scrutiny of environmental pollution caused by hazardous waste. For localities and entities where environmental violations involving hazardous waste are frequent, disposal capacity is severely inadequate, and environmental pollution or adverse social impacts have occurred, conduct targeted special inspections as appropriate to promote the rectification of identified issues. With respect to leads concerning suspected disciplinary breaches, official misconduct, or official crimes uncovered during inspections, refer them to the discipline inspection and supervision authorities in accordance with relevant regulations; for other matters, refer them to the inspected entities or relevant units for handling in accordance with applicable provisions. (Led by the Ministry of Ecology and Environment, with participation from relevant departments.)
(29) Strengthen education and training. Enhance the development of disciplines and programs related to hazardous waste management at universities and research institutions. Intensify training for professionals working in the field of hazardous waste, and establish training and internship bases依托 enterprises that meet the necessary conditions. Reinforce implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and actively engage in international cooperation and technological exchanges. (The Ministry of Education, the Ministry of Ecology and Environment, the Ministry of Foreign Affairs, and other relevant departments shall assume responsibilities according to their respective duties.)
(30) Foster a favorable environment. Strengthen public communication on the investigation and handling of major environmental cases involving hazardous waste to exert strong deterrence. Promote the opening of hazardous waste utilization and disposal facilities to the public, striving to mitigate the “NIMBY” effect. Establish an incentive-based reporting system, prioritizing rewards for reports of illegal transfer, dumping, and other unlawful activities related to hazardous waste. (Led by the Publicity Department of the CPC Central Committee and the Ministry of Ecology and Environment, with participation from the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Finance, and other relevant agencies.)