Thread Content
Procedures for Safety Permits for Hazardous Chemicals Construction Projects (1) In accordance with the Work Safety Law of the People’s Republic of China, the Administrative License Law of the People’s Republic of China, the Regulations on the Safety Management of Hazardous Chemicals issued by the State Council, the Implementation Measures for Safety Permits of Hazardous Chemicals Construction Projects issued by the General Administration of Work Safety (Order No. 8 of the General Administration of Work Safety, hereinafter referred to as the “Measures”), the Opinions of the General Administration of Work Safety on Safety Permits for Hazardous Chemicals Construction Projects and the Filing of Pilot Production (Use) Plans (An Jian Zong Wei Hua No. 121), the Notice on Implementing Relevant Provisions issued by the Jiangsu Provincial Work Safety Bureau (Su An Jian No. 180, hereinafter referred to as Document No. 180), as well as the relevant requirements set forth by the local work safety bureaus: 1. Requirements regarding the location of hazardous chemicals construction projects; 2. Scope of hazardous chemicals construction projects. Hazardous chemicals construction projects mainly include new construction, renovation, and expansion projects related to hazardous chemicals throughout the city. New construction projects: These mainly include the establishment of new enterprises for the production of hazardous chemicals (or those that generate hazardous chemicals), the reconstruction of existing enterprises at their original sites, the construction of new projects within the existing plant premises that differ from the existing production (or hazardous chemical generation) facilities, as well as projects that are built in a different location ； New establishment of specialized enterprises for storing hazardous chemicals, as well as construction projects such as the installation of storage facilities of types I and II by enterprises that produce, handle, store, or use hazardous chemicals (hereinafter referred to as hazardous chemical handling units) (see Annex 1, \"Classification Table of Hazardous Chemical Storage Facilities\"). Renovation and construction projects: These mainly refer to construction projects in which hazardous chemicals industry entities carry out the renovation of all or part of the existing facilities for the production and storage of hazardous chemicals. For example: Updating and upgrading the main production and storage equipment (facilities) for hazardous chemicals by existing entities in this sector ； When updating or changing the main production processes, technologies, and types of hazardous chemicals, involving modifications to production and storage equipment (facilities) ； When expanding the production scale of the original design, it involves modifications to production and storage equipment (facilities), etc. Hazardous chemicals handling enterprises are not included in the scope of renovation and construction projects when carrying out hazard rectification and routine inspection and maintenance activities that do not involve the aforementioned matters. Expansion construction project: refers to a construction project that a hazardous chemicals operator intends to carry out within its existing production and storage facilities, involving the creation of facilities for producing and storing hazardous chemicals of the same types as those currently produced or stored, using similar main processing technologies, with production and storage installations (facilities) that are relatively independent from each other. According to the regulations issued by the Provincial Work Safety Supervision Bureau (Su An Jian No. 87), construction projects that involve the construction, renovation, or expansion of facilities for the recovery and reuse of hazardous chemical solvents also fall under the category of hazardous chemical construction projects. III. Procedures for Hazardous Chemicals Construction Projects 1. Safety Assessment Before selecting a site for a hazardous chemicals construction project, it is necessary to conduct a safety assessment of the project and prepare a \"Safety Assessment Report\". The \"Safety Conditions Assessment Report\" must include the following contents: (1) In accordance with the requirements of Article 6 of the \"Regulations\", a detailed analysis of the mutual influence between the project and its surrounding environment shall be provided (for projects constructed within a factory complex, an analysis of the interaction between the project and the surrounding production and storage facilities is required), and a clear conclusion shall be given regarding whether the project location meets the requirements of relevant standards and specifications ； (2) Describe the project scope in a list format, indicating which production workshops, storage areas, or other auxiliary facilities are included ； List the products (by-products) of the project, the intermediate products, as well as the raw materials and auxiliary materials used (accompanied by MSDS); if they are hazardous chemicals, the corresponding hazard codes must be specified. (3) Describe the production process used for the project, analyze the maturity level of the process as well as its safety and reliability, and draw clear conclusions ； (4) As required by the provincial authority, it is necessary to confirm whether the production process of this project involves high-risk reaction processes such as nitration, chlorination, fluorination, ammoniation, sulfonation, hydrogenation, diazotization, peroxidation, cracking, polymerization, as well as those involving high temperature and pressure or flammable and explosive substances (hereinafter referred to as high-risk processes), and to explain whether the production facilities are equipped with automated control systems. (5) Analyze the hazardous and harmful factors involved in the project, as well as their degree of hazard and harm. The \"Safety Condition Assessment Report\" is reviewed by experts organized by the enterprise itself. 2. Preliminary approval: For chemical hazard-related construction projects, the developer must submit an application for preliminary approval to the county or city safety supervision agency (the safety supervision desk at the county or city administrative service center). The following documents must be submitted: (1) “Preliminary Approval Form for Safety Facilities of Chemical Construction Projects” (3 copies, see Attachment 2) ； (2) “Report on the Demonstration of Safety Conditions” ； (3) Project approval opinion (which may also be an opinion issued by the project approval authority authorizing the conduct of preliminary safety, environmental protection, and other related work for the project) ； (4) Comments from the planning department ； (5) Comments from the environmental protection department (which may also be pre-review comments). After receiving the aforementioned documents, the Municipal Work Safety Supervision Bureau will organize relevant personnel to conduct a centralized review, and issue a preliminary decision on whether to approve or reject the project construction. If a construction project proceeds with safety pre-assessments or subsequent construction work without first conducting a safety assessment and obtaining the preliminary approval for initiating the project, the construction unit shall bear any losses resulting therefrom. 3. Preliminary safety assessment: After a hazardous chemicals construction project receives the preliminary approval from the safety supervision agency, the project owner selects on their own a safety assessment institution that possesses the necessary legal qualifications and is registered with both the provincial and municipal safety supervision agencies, in order to conduct a preliminary safety assessment of the construction project. Among them, for safety pre-assessment reports of hazardous chemicals construction projects and highly toxic chemicals production projects with an investment scale of 200 million yuan or more (including 200 million yuan), safety assessment agencies equipped with Class A safety assessment qualifications must be selected to prepare such reports. For hazardous chemicals construction projects that involve high-risk processes or constitute major hazard sources (production and storage sites), the external safety distances shall be determined in accordance with petrochemical industry standards. In accordance with Article 7 of the Measures and the requirements of relevant evaluation guidelines, safety assessment agencies conduct preliminary safety assessments for the establishment of construction projects. Upon completion of the evaluation, the project owner will submit the project’s \"Safety Pre-evaluation Report\" and the \"Safety Permit Review Document for Hazardous Chemicals Construction Projects\" (see Attachment 3) to the consulting service company for expert review. After the experts conduct a preliminary evaluation of the construction project report as well as on-site inspections and verifications, they submit written opinions on the review (verification). After the safety pre-assessment report is approved through expert consultation, the project owner shall go through the safety review procedures for project establishment as required by regulations. 4. Establishment of safety review: After the \"Safety Pre-assessment Report\" is approved through expert consultation, the project owner must apply to the local municipal work safety supervision bureau for the \"Approval Letter for Safety Review of Hazardous Chemicals Production and Storage Enterprises as well as New, Revised, or Expanded Projects.\" The project owner is requested to fill out the \"Application for Safety Review for the Establishment of Hazardous Chemicals Construction Projects\" (see Attachment 4), and to prepare the necessary application documents in accordance with the \"Required Documents for Submission\" (see Attachment 5). Once the construction unit has prepared all the required application documents, it submits them to the safety supervision desk at the county or city administrative service center. The safety supervision desk conducts a formal review of the documents; if they are found to be complete and correct, the application is accepted. After that, it is submitted to the collective review panel for administrative licensing at the county or city safety supervision bureau, and within 5 working days, it is forwarded to the regional safety supervision bureau. Construction projects involving hazardous chemicals shall not proceed with subsequent construction work without obtaining a \"Safety Review Approval Letter\". The validity period of the Safety Review Approval Certificate is 2 years, starting from the date determined by the department responsible for issuing safety permits for the construction project. If the construction project does not commence construction within its validity period, the ‘Safety Review Approval Letter’ for the project shall automatically become invalid. Construction projects involving hazardous chemicals shall not proceed with subsequent construction work unless the safety review procedures for establishment have been completed. 5. Review of safety facility design: After a hazardous chemicals construction project obtains the \"Safety Review Approval Letter,\" it is necessary to select a design firm with the required legal qualifications (chemical engineering design qualifications) to carry out the design of the safety facilities for that project. The design unit shall prepare a special document on the design of safety facilities for the construction project in accordance with the requirements of the \"Guidelines for Compiling Special Documents on the Design of Safety Facilities for Hazardous Chemicals Construction Projects (Trial)\\" (see Annex 6). After the design of the safety facilities for a construction project is completed, the project owner must submit the following documents to the safety supervision desk at the county or city administrative service center one month in advance: (1) \"Application for Review of the Design of Safety Facilities for Hazardous Chemicals Construction Projects\" (see Attachment 7) ； (2) “Special Chapter on the Design of Safety Facilities for Construction Projects” (6 copies) ； (3) “Safety Review Approval Letter” (copy) ； (4) “Design Unit’s Design Qualification Certificate” (copy) ； (5) Review the plan. Once the review plan is finalized, temporary changes are not permitted in principle. The review of the safety facility design for hazardous chemicals construction projects is organized by the local work safety supervision bureau. The application materials for the review of the safety facility design submitted by the construction unit are delivered to the safety supervision desk at the county or city administrative service center, where they are then forwarded to the regional safety supervision bureau. The review of the safety facility design will be carried out by an expert panel, and relevant parties such as the design unit responsible for the safety facilities must be present to assist with the review. For construction projects that have passed the preliminary facility design review, the local work safety supervision bureau issues a unified \"Opinion on the Preliminary Design Review of Safety Facilities\". For construction projects that fall under the category of those with a low level of risk or simple production processes, as specified in Document No. [2007]180 issued by the Provincial Work Safety Supervision Bureau, the enterprise shall organize experts to conduct a review, and the experts shall issue a written \"Review Opinion on Safety Facility Design\" (this opinion must be submitted when applying for the completion inspection of safety facilities). “The validity period of the “Review Comments on the Preliminary Design of Safety Facilities” is 2 years, starting from the date determined by the department responsible for issuing safety permits for the construction project. No hazardous chemicals construction project that has not passed the safety facility design review shall commence construction. Procedures for the Review of the “Three Simultaneities” Requirement for Hazardous Chemicals Construction Projects (Projects) (Trial Version) I. General Provisions (1) In order to strengthen the management of the production and storage of hazardous chemicals, ensure that such projects meet relevant standards upon completion, and protect people’s lives and property, these procedures are formulated in accordance with relevant regulations to carry out the review of the “Three Simultaneities” requirement for hazardous chemicals construction projects (projects) in a lawful and orderly manner. (II) These procedures apply to capital construction projects (projects), technical renovation projects (projects), and imported construction projects (hereinafter referred to as: construction projects) for the production and storage of hazardous chemicals within the administrative territory of this city. (III) The safety facilities in construction projects must meet the standards stipulated**, and they must be designed, constructed, and put into production and use simultaneously with the main project (hereinafter referred to as the \"three simultaneities\"). II. Review of Feasibility Studies for Construction Projects (1) When conducting a feasibility study for a construction project, the project owner shall organize an assessment of the project’s safety conditions for production. When preparing the \"Feasibility Study Report for Construction Projects\", the project owner shall also prepare a separate section on the assessment of safety production conditions. (II) The \"Feasibility Study Report for Construction Projects\" (including the \"Special Section on Safety Production Conditions\", the same below) must be submitted to the municipal work safety supervision and management department (hereinafter referred to as the municipal work safety department) for review. The review process is scheduled regularly; the project owner shall submit the \"Feasibility Study Report for the Construction Project\" to the municipal safety supervision department 10 working days prior to the review meeting. The municipal safety supervision department shall provide its review comments to the project owner within 15 working days after the review meeting. III. Approval and Filing for the Preliminary Safety Assessment of Construction Projects (1) The project owner shall, at the feasibility study stage of the construction project and prior to the initiation of preliminary design, independently select and engage a qualified safety assessment agency that is not part of the project’s design team, to carry out a preliminary safety assessment of the project and prepare a \"Preliminary Safety Assessment Report for the Construction Project\". (II) The project owner shall, in accordance with the requirements of the \"Guidelines for Safety Pre-assessment,\" submit the \"Safety Pre-assessment Report for the Construction Project\" to a municipal safety technology organization or an intermediary agency with the appropriate qualifications, so that experts can conduct a technical review and provide written feedback. (III) In accordance with relevant regulations, the project owner shall submit the \"Safety Pre-assessment Report for the Construction Project\", which has been evaluated and revised/improved based on the evaluation comments, to the municipal work safety supervision department for record-keeping. IV. Handling of the approval document for establishing construction projects (projects) (1) The project owner shall apply to the municipal work safety supervision department for approval in accordance with the relevant provisions of the Regulations on the Safety Management of Hazardous Chemicals. The following documents shall be submitted upon approval for application: 1. “Application Form for Hazardous Chemicals Production and Storage Enterprises (New Construction, Expansion, or Renovation)” ； 2. «Feasibility Study Report for Construction Project» ； 3. Physicochemical property parameters of raw materials, intermediate products, final products, or stored hazardous chemicals, such as ignition point, auto-ignition point, flash point, explosion limit, and toxicity ； 4. Technical requirements for packaging, storage, and transportation ； 5. 《Safety Pre-assessment Report for Construction Projects》 ； 6. Emergency rescue measures for accidents ； 7. Other relevant supporting documents. (II) For applications that have been accepted, the municipal work safety supervision department assigns relevant personnel and forms an expert group to review the application documents; if an on-site review is necessary, such a review is organized. (III) After the review is completed, the municipal work safety supervision department shall submit its opinions on the safety review, which will then be submitted to the municipal people’s ** for a decision on approval or rejection. In accordance with the decision of the municipal people’s **, approval is granted, and the approval certificate is issued by the municipal work safety supervision department ； If approval is not granted, the applicant shall be notified in writing with the reasons given. V. Review of the preliminary design for construction projects (works) (1) The project owner shall require the design unit to design the safety facilities for the construction project in accordance with the section on safety production conditions outlined in the Feasibility Study Report for the construction project, the approved Safety Pre-assessment Report for the construction project, as well as relevant laws, regulations, standards and industry norms related to safety production. (II) The construction unit shall, in accordance with the regulations, submit an application to the municipal work safety supervision department for the review of the special section on safety facilities in the preliminary design of the construction project, and provide the following documents: 1. The special section on safety facilities in the preliminary design of the hazardous chemicals production and storage construction project. The main contents of the special section on safety facilities include: (1) Design basis ； (2) Overview of the construction project ； (3) Building and site layout ； (4) Analysis of safety hazards and risk factors in the production process ； (5) Safety facilities and main preventive measures for construction projects ； (6) Establishment of safety management organizations and staffing ； (7) Estimated investment in safety facilities ； (8) Conclusions and recommendations. 2. Other materials to be submitted. (III) For applications that have been accepted, the municipal work safety supervision department, in accordance with relevant regulations, organizes a safety review of the design of safety facilities for the construction project. (IV) Once the special section on safety facilities in the preliminary design of a construction project has passed the safety review, if there are significant changes in the project’s scale, production process, raw materials, or equipment, the project owner shall submit it to the municipal safety supervision department for another safety review. VI. Construction completion acceptance (1) The construction unit shall carry out work in strict accordance with the design requirements and construction drawings, ensure that safety facilities are constructed simultaneously with the main structure, and guarantee the quality of the project. (II) After the completion of a construction project, the project owner shall organize an internal special inspection of the safety facilities related to that project, and entrust an intermediary agency with the appropriate qualifications for safety assessment to prepare a \"Project Completion Assessment Report\". (III) The project owner shall, in accordance with the requirements of the \"Guidelines for Safety Acceptance Evaluation,\" submit the \"Construction Project Acceptance Evaluation Report\" to a municipal safety technology organization or an intermediary agency with the appropriate qualifications, so that an expert review panel can conduct a technical evaluation and provide written review opinions. (IV) Before putting a construction project into operation, it must undergo inspection by the municipal work safety supervision department; projects that fail such inspection shall not be put into use. When applying for inspection, the construction unit shall submit the following documents: 1. “Special Report on Safety Inspection of Construction Projects” ； 2. “Safety Acceptance Evaluation Report for Construction Projects” and review opinions ； 3. Safety production regulations and safety technical operating procedures ； 4. Records of employee safety education and training ； 5. Special operation personnel’s operation certificate ； 6. Fire inspection approval documents ； 7. Certificates of use issued by the technical supervision authorities after testing, along with inspection reports related to safe production, for equipment with high risks such as boilers, pressure vessels, elevators, and lifting machinery. 6. Other materials to be submitted.