**Interim Provisions on the Supervision and Management of Major Hazardous Sources of Chemicals (Issued by Order No. 40 of the State Administration of Work Safety on August 5, 2011; amended by Order No. 79 of the State Administration of Work Safety on May 27, 2015) Chapter I General Provisions Article 1 These Provisions are formulated in order to strengthen the supervision and management of major hazardous sources of chemicals, prevent and reduce the occurrence of chemical accidents, and protect the lives and property of the people, in accordance with relevant laws and administrative regulations such as the Work Safety Law of the People’s Republic of China and the Regulations on the Safety Management of Chemicals. Article 2 These provisions shall apply to the identification, assessment, registration, filing, cancellation, and supervision and management of major chemical hazards in entities engaged in the production, storage, use, and operation of **chemicals (hereinafter collectively referred to as **chemical entities). This Regulation does not apply to the safety supervision and management of town gas, **major hazardous chemical installations used in national defense research and production**, and **major hazardous chemical installations within port areas**. Article 3: The term **major hazard sources of chemicals** (hereinafter referred to as major hazard sources) as used in these regulations refers to units (including sites and facilities) where, in accordance with the standard **Identification of Major Hazard Sources of Chemicals** (GB18218), the quantity of **chemicals** produced, stored, used, or transported is equal to or exceeds the critical amount. Article 4 **The chemical enterprise is the entity responsible for the safety management of its major hazard sources; its principal responsible person is accountable for such safety management and ensures the provision of the necessary safety investments for the safe operation of these hazard sources. Article 5: The safety supervision and management of major hazard sources shall follow the principle of combining territorial supervision with hierarchical management. The work safety supervision and management departments of local people’s governments at the county level and above shall, in accordance with relevant laws, regulations, standards, and these provisions, carry out safety supervision and management over major hazard sources within their respective jurisdictions. Article 6 **Encourages** chemical enterprises to adopt advanced and appropriate processes, technologies, equipment, and automatic control systems that help improve the safety standards for major hazard sources, thereby promoting the informatization of safety supervision efforts related to such hazards by the authorities in charge of work safety supervision. Chapter 2: Identification and Assessment Article 7 **Chemical enterprises shall, in accordance with the **Standards for Identifying Major Hazard Sources of Chemicals**, identify major hazard sources in their facilities, equipment, or sites used for the production, operation, storage, and use of chemicals, and record the process and results of such identification. Article 8 **Chemical enterprises shall conduct safety assessments on major hazard sources and determine their hazard levels. **Chemical enterprises can organize their registered safety engineers and technical personnel to conduct safety assessments, or hire relevant experts for such purposes; they can also entrust safety assessment agencies with the appropriate qualifications to carry out these assessments. In accordance with laws and administrative regulations, **for chemical enterprises required to conduct safety assessments, the safety assessment of major hazard sources may be carried out concurrently with the enterprise’s own safety assessment; in such cases, the safety assessment report may serve as the report on the assessment of major hazard sources. Alternatively, the safety assessment of major hazard sources may also be conducted separately.** Hazardous sources are classified into level 1, level 2, level 3, and level 4 according to their degree of hazard, with level 1 being the highest. The classification method for major hazard sources is set forth in Annex 1 to these Provisions. Article 9: In any of the following circumstances regarding major hazard sources, it is necessary to engage a safety assessment agency with the appropriate qualifications to conduct a safety assessment using quantitative risk assessment methods as stipulated in relevant standards, so as to determine the individual and societal risk values: (1) The source constitutes a Level 1 or Level 2 major hazard source, and the sum of the ratios of the actual (on-site) quantities of toxic gases to their respective threshold quantities specified in the “Identification of Major Hazard Sources of Chemicals” is greater than or equal to 1 ; (II) Those that constitute a first-class major hazard source, and for which the sum of the ratio of the actual (online) amount of explosives or liquefied flammable gases to the critical value specified in the **Identification of Major Hazard Sources for Chemicals** is greater than or equal to 1. Article 10 The safety assessment report for major hazard sources shall be objective and fair, with accurate data, complete content, clear conclusions, and feasible measures, and shall include the following contents: (1) The main bases for the assessment ; (II) Basic information on major hazard sources ; (III) Probability of accident occurrence and degree of harm ; (IV) Individual risk and social risk values (applicable only to quantitative risk assessment methods) ; (5) Surrounding locations and personnel that may be affected by the accident ; (VI) Compliance analysis for the identification and classification of major hazard sources ; (VII) Safety management measures, safety technologies, and monitoring measures ; (8) Emergency measures for accidents ; (IX) Evaluation conclusions and recommendations. **Where a chemical entity uses a safety evaluation report in place of a safety assessment report, the content regarding major hazard sources in such safety evaluation report shall meet the requirements specified in the first paragraph of this article. Article 11 Under any of the following circumstances, **chemical enterprises shall re-identify, conduct a safety assessment, and classify the major hazard sources: (1) The safety assessment of the major hazard source has been completed three years ago ; (II) Construction, renovation, or expansion of devices, facilities, or sites that constitute major hazard sources ; (III) **Changes in the types and quantities of chemicals, production and usage processes, or storage methods, as well as in key equipment and facilities, that affect the level of the major hazard source or its risk level** ; (IV) Changes in external production safety environmental factors that affect the level of major hazard sources and the degree of risk ; (5) In cases where a chemical accident results in fatalities, or injuries to 10 or more people, or affects public safety ; (VI) Changes occur in the **standards and industry standards regarding the identification of major hazard sources and safety assessments. Chapter 3 Safety Management Article 12 **Chemical enterprises shall establish comprehensive rules and regulations for the safety management of major hazard sources as well as safe operating procedures, and take effective measures to ensure their implementation. Article 13 **Chemical enterprises shall, based on the actual conditions such as the types and quantities of chemicals constituting major hazard sources, as well as their production and usage processes (methods) or related equipment and facilities, establish and improve a safety monitoring and surveillance system in accordance with the following requirements, thereby perfecting control measures:** (1) For major hazard sources, an uninterrupted data collection and monitoring system for information such as temperature, pressure, liquid level, flow rate, and chemical composition must be installed, along with devices for detecting and alarming leaks of flammable gases and toxic/harmful gases. Such systems should also possess functions such as remote data transmission, continuous recording, accident early warning, and information storage ; Class 1 or Class 2 major hazard sources are equipped with an emergency shutdown function. The electronic data recorded shall be retained for no less than 30 days ; (II) Automated control systems for chemical production facilities and equipment involving major hazard sources that meet safety production requirements ; For Class 1 or Class 2 major hazard sources, an emergency shutdown system is required ; (III) Install emergency shutoff devices for key facilities such as toxic gases, **liquids, and flammable gases among the major hazard sources ; For facilities handling toxic gases, emergency devices for dealing with leaks must be installed. For primary or secondary major hazard sources involving toxic gases, liquefied gases, and **liquids, an independent Safety Instrumented System (SIS) must be installed ; (4) For locations or facilities where **substances are stored among major hazard sources, a video surveillance system shall be installed ; (5) The safety monitoring and control system complies with the provisions of **standards or industry standards. Article 14: The individual and societal risk values of major hazard sources determined through quantitative risk assessment shall not exceed the acceptable individual and societal risk limit standards specified in Annex 2 to these regulations. When the levels exceed the permissible risk limits for individuals and society, **chemical enterprises shall take appropriate risk mitigation measures.** Article 15 **Chemical enterprises shall, in accordance with relevant regulations, regularly test and inspect the safety facilities and safety monitoring and control systems for major hazard sources, as well as carry out regular maintenance to ensure the effective and reliable operation of such facilities and systems.** Records of maintenance, upkeep, and inspection should be kept, and signed by the relevant personnel. Article 16 **Chemical enterprises shall designate responsible persons or responsible departments for the key equipment and critical areas within major hazard sources, and conduct regular inspections of the safety production conditions of such sources, taking timely measures to eliminate potential accident risks. If accident hazards cannot be eliminated immediately, a remediation plan should be formulated promptly, with corrective measures, responsibilities, funding, timelines, and contingency plans established. Article 17 **Chemical enterprises shall provide safety operation skills training for personnel working in positions related to the management and operation of major hazard sources, so that they can understand the hazardous characteristics of such sources, be familiar with the relevant safety management regulations and operating procedures, and master the safety operation skills and emergency measures required for their respective positions. Article 18 **Chemical enterprises shall install prominent safety warning signs at the locations where major hazard sources are situated, indicating the emergency response procedures to be followed in such situations. Article 19 **Chemical enterprises shall, in an appropriate manner, inform the entities, areas, and individuals that may be affected of information such as the possible consequences of accidents at major hazard sources and the emergency response measures. Article 20 **Chemical enterprises shall, in accordance with the law, formulate emergency response plans for accidents involving major hazard sources, establish emergency rescue organizations or assign emergency rescue personnel, provide necessary protective equipment as well as emergency rescue materials, devices, and supplies, and ensure that these are in good condition and readily available for use ; Work with the local people’s **work safety supervision and management departments** to formulate emergency response plans for chemical accidents in the area that pertain to the unit. For major hazard sources where there is a risk of inhalation of toxic and harmful gases, **chemical enterprises shall be equipped with emergency equipment and devices such as portable concentration detection devices, self-contained breathing apparatus, chemical protective clothing, and leak-sealing tools.** ; For major hazard sources involving **gases, two or more sets (including this set) of airtight chemical protective suits must also be provided** ; For major hazard sources involving flammable and explosive gases or vapors of flammable liquids, a certain number of portable combustible gas detection devices must also be provided. Article 21 **Chemical enterprises shall formulate plans for conducting drills on emergency response plans for major hazard incidents, and carry out such drills in accordance with the following requirements: (1) For the special emergency response plans related to major hazards, drills shall be conducted at least once a year ; (II) The on-site response plan for major hazard sources shall be reviewed at least once every six months. After the emergency plan drill is completed, **the chemical enterprise shall evaluate the effectiveness of the drill, prepare an evaluation report on it, analyze any existing problems, propose revisions to the emergency plan, and make the necessary adjustments promptly. Article 22 **Chemical enterprises shall promptly register and document the identified major hazard sources, item by item. The file for major hazard sources shall include the following documents and materials: (1) Records of identification and classification ; (II) Table of basic characteristics of major hazard sources ; (III) Safety Data Sheets for all chemicals involved ; (IV) Regional location map, layout plan, process flow diagram, and list of main equipment ; (5) Rules and regulations for the safety management of major hazard sources and safe operating procedures ; (VI) Description of safety monitoring and control systems and measures, as well as test and inspection results ; (VII) Emergency response plans for major hazard installations, review comments, drill plans, and evaluation reports ; (8) Safety assessment report or safety evaluation report ; (9) Names of persons in charge and responsible organizations for key equipment and critical areas related to major hazard sources ; (10) Installation of safety warning signs at sites with major hazard sources ; (11) Other documents and materials. Article 23 **Within 15 days after completing the safety assessment report or safety evaluation report for major hazard sources, chemical enterprises shall fill out an application form for the registration of major hazard sources, and submit it, together with the documentation related to major hazard sources as specified in Article 22 of these regulations (whereonly a list is required for the documents mentioned in item 5 of the second paragraph), to the work safety supervision and management department at the county level where the enterprise is located for registration. The county-level people’s government department responsible for work safety supervision and management shall submit, on a quarterly basis, the filing materials regarding first- and second-level major hazard sources within its jurisdiction to the work safety supervision and management department of the city divided into districts. The work safety supervision and management departments of cities at the district level shall submit, every six months, the documentation related to the major hazard sources of grade 1 within their jurisdiction to the provincial work safety supervision and management departments. In the event that a major hazard source exhibits any of the circumstances listed in Article 11 of these Regulations, the chemical enterprise shall promptly update its records and re-register with the county-level people’s government **work safety supervision and administration department where it is located. Article 24 **Chemical enterprises** that undertake new construction, renovation, or expansion of chemical-related projects must complete the identification of major hazard sources, safety assessments, classification, and registration of such hazards prior to the completion and acceptance of the project, and shall file relevant records with the local county-level people’s **work safety supervision and management department**. Chapter 4 Supervision and Inspection Article 25 The people’s **work safety supervision and management departments at the county level shall establish and improve a management system for major hazardous sources of chemicals, designate responsible personnel, and strengthen document archiving. Article 26: The work safety supervision and management department of the county-level people’s government shall, by January 15 each year, submit to the work safety supervision and management department of the city-level people’s government a summary of information regarding major hazard sources in its jurisdiction from the previous year. The work safety supervision and management departments of cities divided into districts shall, by January 31 of each year, submit a summary of information on major hazard sources in their respective jurisdictions from the previous year to the provincial work safety supervision and management department. The provincial people’s **work safety supervision and management departments shall, by February 15 of each year, submit a summary of the major hazard sources in their respective jurisdictions from the previous year to the **General Administration of Work Safety Supervision and Management. Article 27: Where a major hazard source ceases to be a major hazard source as a result of a safety assessment or evaluation, the chemical enterprise shall apply to the work safety supervision and management department at the county level where it is located for cancellation. To apply for the cancellation of a major hazard source, the following documents and materials shall be submitted: (1) An application stating the reasons for cancellation ; (II) Unit name, legal representative, address, contact person, contact information ; (III) Safety assessment report or safety evaluation report. Article 28 The work safety supervision and management department at the county level shall conduct a review within 30 days from the date of receiving the documents and materials submitted for cancellation. If the requirements are met, it shall approve the cancellation and issue a certification document ; If the conditions are not met, the reasons shall be explained and the applying unit shall be notified in writing. When necessary, the county-level people’s work safety supervision and management department shall hire relevant experts to conduct on-site inspections. Article 29: The county-level people’s government department responsible for work safety supervision and management shall, on a quarterly basis, submit the documentation regarding the cancellation of Class I and Class II major hazard sources within its jurisdiction to the people’s government department at the prefecture-level city responsible for work safety supervision and management. The work safety supervision and management departments of cities at the district level shall submit, every six months, the verification documents related to the major hazard sources of grade 1 within their jurisdiction to the provincial work safety supervision and management departments. Article 30 The work safety supervision and management departments of local people’s governments at or above the county level shall strengthen supervision and inspection over chemical enterprises with major hazard sources, and urge such enterprises to properly identify major hazard sources, conduct safety assessments and classification, register and document relevant information, file necessary records, carry out monitoring and surveillance, formulate emergency response plans for accidents, and perform other safety management tasks. The initial inspection and supervision of major hazard sources shall include the following main aspects: (1) The operating status of the major hazard sources, as well as the establishment and implementation of safety management regulations and safety operation procedures ; (II) Identification, classification, safety assessment, registration and record-keeping, as well as filing status of major hazard sources ; (III) Monitoring and control of major hazard sources ; (IV) Inspection, testing, and maintenance of safety facilities and safety monitoring systems for major hazard sources ; (5) Preparation, review, filing, revision, and drills of the emergency response plan for major hazard source accidents ; (VI) Information on safety training and education for employees ; (7) Installation of safety signs ; (8) Provision of emergency rescue equipment, apparatus, and supplies ; (IX) Implementation of measures for accident prevention and control. If the work safety supervision and management department discovers potential accident hazards associated with major hazard sources during its inspections, it shall order that these hazards be eliminated immediately ; If safety cannot be ensured before or during the elimination of major accident hazards, workers must be ordered to evacuate the hazardous area, and the operation must be suspended temporarily or the use discontinued ; Only after the major accident hazards have been eliminated, and with the approval of the work safety supervision and management department, can production, operation, and use be resumed. Article 31: The work safety supervision and management departments at the county level and above shall, in conjunction with the relevant departments of the local people’s government at the same level, strengthen supervision and inspection of areas where major hazard sources are concentrated, such as industrial (chemical) parks, to ensure that an appropriate safety distance is maintained between these major hazard sources and important targets and sensitive locations such as surrounding units, residential areas, and crowded places. Chapter 5 Legal Liability Article 32 **If a chemical enterprise commits any of the following acts, the work safety supervision and management department at or above the county level shall order it to make corrections within a specified time limit, and may impose a fine of up to 100,000 yuan ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and shall also be fined between 100,000 yuan and 200,000 yuan; the persons in charge who are directly responsible as well as other individuals directly liable for the violation shall be fined between 20,000 yuan and 50,000 yuan ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to conduct a safety assessment or safety evaluation of major hazard sources as required by these provisions ; (II) Failing to register and maintain records for major hazard sources in accordance with the requirements of these provisions ; (III) Failing to carry out safety monitoring and control of major hazard sources in accordance with the provisions of these regulations and relevant standards ; (IV) Failure to formulate an emergency response plan for accidents involving major hazard sources. Article 33 **If a chemical enterprise commits any of the following acts, the work safety supervision and management department at or above the county level shall order it to make corrections within a specified time limit, and may impose a fine of up to 50,000 yuan ; If the violation is not corrected within the prescribed time, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; fines of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed on the persons in charge who are directly responsible and other persons directly liable for the violation ; In cases of serious circumstances, orders shall be issued to suspend production and business operations for rectification ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law: (1) Failing to install obvious safety warning signs in places that constitute major hazard sources ; (II) Failing to conduct regular inspections and tests on the equipment and facilities within major hazard sources. Article 34 **If a chemical enterprise falls under any of the following circumstances, the work safety supervision and management department at or above the county level shall issue a warning to it, and may also impose a fine of not less than 5,000 yuan but not more than 30,000 yuan: (1) Failing to identify major hazard sources in accordance with the relevant standards** ; (II) Failing to designate the persons in charge or the responsible entities for the key devices and critical areas among the major hazard sources in accordance with these provisions ; (III) Failing to establish an emergency rescue organization or assign emergency rescue personnel in accordance with these provisions, as well as failing to provide the necessary protective equipment, apparatus, and supplies, and to ensure that they are in good condition ; (IV) Failing to register or cancel major hazard sources in accordance with these provisions ; (5) Failing to inform the units, areas, and individuals that may be affected about the possible accident consequences resulting from major hazard sources, as well as emergency response measures, etc ; (6) Failing to conduct emergency response drills for major hazard source accidents in accordance with the requirements of these regulations. Article 35 **If a chemical enterprise fails to conduct regular inspections of the safety production conditions of major hazard sources in accordance with these provisions, and fails to take measures to eliminate potential accident risks, it shall be ordered to do so immediately or within a specified time limit ; **If a chemical enterprise refuses to comply, it shall be ordered to suspend production and operations for rectification, and shall also be fined not less than 100,000 yuan but not more than 200,000 yuan; the persons in charge who are directly responsible as well as other persons directly liable shall be fined not less than 20,000 yuan but not more than 50,000 yuan. Article 36: Institutions that undertake testing, inspection, and safety assessment tasks and issue false certificates shall have their illegal gains confiscated ; If the illegal gains amount to 100,000 yuan or more, a fine of not less than twice but not more than five times the amount of such illegal gains shall be imposed in addition ; If there are no illegal gains, or the illegal gains amount to less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed, either alone or in addition to other penalties ; A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on the person in charge who is directly responsible for it and other persons directly liable ; Those who cause damage to others shall bear joint and several liability for compensation together with the **chemicals enterprise** ; If a crime is constituted, criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law. For institutions that commit the illegal acts mentioned in the preceding paragraph, their corresponding qualifications shall be revoked in accordance with the law. Chapter 6 Supplementary Provisions Article 37 These provisions shall come into force as of December 1, 2011. Attachments: 1. **Method for Classifying Major Hazardous Sources of Chemicals; 2. Acceptable Risk Standards. Interpretation of the Regulations on the Supervision and Management of Major Hazardous Sources of Chemicals (PPT)**