Water Pollution Control in China: Review of laws, regulations and policies and their implementation pptx

Water Pollution Control in China: Review of laws, regulations and policies and their implementation Economic Analysis Team Institute for Global Environmental Strategies (IGES) 17 April 2009 ii Water Pollution Control in China: Review of laws, regulations and policies and their implementation Edited by Xin Zhou Economic Analysis Team, Institute for Global Environmental Strategies (IGES) for Study on Enforcement of Water Pollution Control in China, ERIA-SD Project iii Yao Qi Graduate School of Frontier Sciences, Department of Environmental Studies The University of Tokyo 2-1, 37-108, Toyoshikidai, Kashiwa, Japan 277-0845 Xin Zhou Economic Analysis Team, Institute for Global Environmental Strategies (IGES) 2108-11 Kamiyamaguchi, Hayama, Kanagawa, 240-0115 Japan Telephone: +81-46-855-3863 Fax: +81-46-855-3809 E-mail: zhou@iges.or.jp URL: http://www.iges.or.jp iv Abstract The Economic Research Institute for ASEAN and East Asia (ERIA) was established in June 2008, aiming to pursue three pillars of research issues, “Deepening integration”, “Narrowing Development Gaps”, and “Sustainable Development”. Under the pillar of “Sustainable Development”, a project on mainstreaming sustainable development policies in East Asia (ERIA-SD project) was initiated for the period 2008-2010 and IGES is responsible for its coordination. The purpose of this project is to promote sustainable development concerns into policy making process in this region, in particular developing countries. Under the ERIA-SD project, IGES conducted a study on the enforcement of water pollution control in China, for which we prepared this policy review. The purpose of this report is to review China’s environmental laws, regulations and policies with special focus on water pollution prevention and control. In this report, we analyse the evolution process of environmental laws and regulations in China with special emphasis on water pollution control. The environmental legal system and environmental management organizations are illustrated. We also introduced major implementation measures for the enforcement of environmental laws and regulations and provided two case studies to indicate the current situation and future trend of China’s water pollution control. v Table of contents Abstract iv 1. Introduction 1 2. Evolution of environmental laws and regulations in China with special emphasis on the protection of water environment 2 2.1 Three evolution stages of China’s environmental protection 2 2.2 Water resource management 6 2.3 Summary 7 3. System of environmental laws and regulations and their implementation in China 8 3.1 Hierarchy of environmental laws and regulations 8 3.2 Hierarchy of environmental management organizations at various levels and their major responsibilities 11  3.3 Summary 16 4. Enforcement of environmental laws and regulations in China with special focus on the protection of water environment 17 4.1 Major legal and administrative measures for implementation 17 4.2 Enforcement of pollution prevention and control laws and regulations 24 4.3 Other policy measures 27 4.4 Summary 29 5. Case studies 32 5.1 Water pollution in Taihu River Basin 32 5.2 Energy saving and emission reduction 36 6. Conclusions 37 References: 38 1 1. Introduction The Economic Research Institute for ASEAN and East Asia (ERIA) was established in June 2008, based on the official endorsement at the third East Asia Summit by sixteen member countries. ERIA Research Project aims to pursue three pillars of research issues, “Deepening integration”, “Narrowing Development Gaps”, and “Sustainable Development”. Under the pillar of “Sustainable Development”, a project on mainstreaming sustainable development policies in East Asia (ERIA-SD project) was initiated for the period from FY2008-2010 and IGES is responsible for its coordination. The purpose of this project is to promote sustainable development concerns into policy making process in this region, especially developing countries. Under the ERIA-SD project, a study on the enforcement of water pollution control in China is identified as one of its thematic studies. The purpose of this report is to provide a preliminary review on China’s environmental laws, regulations and policies with special focus on water pollution prevention and control. Base on this policy review, we will assess major factors influencing the effectiveness of China’s enforcement of water pollution control and further analyze the contribution of environmental investment and technology to environmental enforcement in China. China’s environmental statistical data, legal document and relevant internet information are used as main data resources for this report. Rest of this report is organized as follows: Part 2 introduces the evolution process of environmental laws and regulations in China with special emphasis on water pollution control. Part 3 illustrates environmental legal system and environmental management organizations. Part 4 explains major implementation measures for the enforcement of environmental laws and regulations. Part 5 provides two case studies to indicate the current situation and future trend of China’s water pollution control. Part 6 concludes this report. 2 2. Evolution of environmental laws and regulations in China with special emphasis on the protection of water environment With intensive growth of heavy industries, water pollution accidents happened, which alongside with the Stockholm Conference on Human and Environment (1972) aroused the attention of Chinese government in the early 1970s. This stimulated the establishment of Leading Group on Environmental Protection of the State Council (LGEP), China’s initial environmental administrative organization. By the end of 1980s, a comprehensive environmental management system had been set up consisting national, local and sectoral governmental environmental organizations. However, the level of environmental degradation due to rapid economic growth surpassed the progress made in environmental protection and environmental quality has been deteriorating. Many environmental accidents and ecological disasters happened in 1990s, such as arseniasis pollution in drinking water, acid rain, sandstorms and floods. After the Rio Earth Summit on Environment and Development in 1992, China introduced the concept of sustainable development into its environmental law-making and policy-making and has gradually developed its own theory based on the Scientific Outlook on Development. Similar to other countries, the evolution of China’s environmental management system also experienced from point source pollution control to non-point source pollution control; from individual source pollution control to comprehensive river basin management; from singular mandatory administrative measure to policy mix of multiple tools and means; from end-of-pipe abatement and cleaning-up to pollution prevention; and from emphasizing the quantity of economic growth to the quality of growth based on sustainable development. 2.1 Three evolution stages of China’s environmental protection The evolution of environmental protection in China can be divided into three stages according to the changes of guiding ideologies as well as developing level of legislation and institution system. The features of each stage are shown in Table 1. Table 1 Features of each stage of the evolution of environmental management system 1), 2), 3), 4), 5) Stage 1 (1972~1983) Stage 2 (1983~1991) Stage 3 (1992~present) Legislation ♦ Constitution(1982) ♦ Environmental Protection Law (Trial Version)(1979) Total 1 : 2 laws ♦ Environmental Protection Law(1989) ♦ Water Pollution Prevention and Control Law(1984) ♦ Air Pollution Prevention and Control Law(1987) Total 1 : 7 laws and 8 regulations ♦ Solid Waste Pollution Prevention and Control Law(1995,2004) ♦ Radiation Pollution Prevention and Control Law(2003) ♦ Environmental Impact Assessment Law(2002) ♦ Cleaner Production Law(2002) Total 1 : 27 laws and 25 regulations Institution Development ♦ Leading Group on Environmental Protection, State Council(1972) ♦ Department of Environmental Protection, Ministry of Urban and Town Construction(1982) ♦ National Environmental Protection Agency (1988) ♦ State Environmental Protection Administration (1998) ♦ Ministry of Environmental Protection (2008) Major Implementation Measures ♦ Three Simultaneity System ♦ Pollution levy system ♦ Environmental impact assessment system ♦ Target-responsibility system for environmental protection ♦ Quantitative examination of integrated environmental management ♦ Emission permit system ♦ System of centralized control ♦ Enforcement of pollution abatement to noncompliance by designated date ♦ Total emission control ♦ Cross-century green projects ♦ Levy on centralized waste water treatment in urban area Major Events Domestic ♦ The First CNCEP 2 (1972), the starting point of environmental protection work in China ♦ The second CNCEP 2 (1983), setting environmental protection as a fundamental national policy ♦ “Zero point” action(1997, 1998) ♦ Environmental enforcement campaign(2003~present) ♦ The Third Session of the Sixteenth CPPCC 3 National Committee (2003), Scientific Outlook on Development International ♦ Stockholm Conference on Human and Environment(1972), arousing environmental awareness worldwide ♦ Rio Earth Summit(1992), promoting sustainable development ♦ Kyoto Protocol, solving global warming problem Major Pollution Accidents ♦ Water Pollution in Dalian Bay (1972, big loss in aquaculture) ♦ Water Pollution in Guanting Reservoir(1972, caused sickness of local residents) ♦ Flooding of Yangtze River in 1998 (economic loss: 255 billion RMB; 1320 death) ♦ Tai lake water pollution (1990, 1995, 1998, 2007, drinking water crisis) ♦ Songhua river water pollution accident (economic loss: 69 million RMB; 8 death) Notes: 1. present total number including revised versions; 2.CNCEP=China National Conference on Environmental Protection; 3.CPPCC=Chinese People's Political Consultative Conference; 4.“three simultaneity”= pollution abatement facilities must be designed, constructed and operated the same time with the main project. 3 4 (1) Stage 1: 1972~1983 Invoked by several environmental pollution accidents happened in 1972 5) , this stage is a foundation of China’s environmental protection work. There are several millstones for the starting of organization construction, legislation and management framework. The Stockholm Conference marked the beginning of environmental awareness of Chinese central government; the first China National Conference on Environmental Protection(CNCEP) marked the beginning of environmental awareness of governments of all levels; the foundation of LGEP marked the beginning of construction of environmental administrative organizations; the Environmental Protection Law (Trial Version) marked the beginning of environmental legal system; the guiding principles specified by 32 Chinese characters, i.e. overall planning, rational layout, comprehensive utilization, recycling, public participation, taking initiative action, environmental protection and benefiting the whole society, which marked the beginning of environmental policy making. In this stage, China’s economy highly relied on heavy industries, such as iron and steel industry, chemical industry and machinery manufacturing industry. All of these heavy industries produced great amount of pollutants, especially “three wastes”, i.e. waste water, waste gas and solid waste 6) . As a result, most of management measures of this stage were imperative administrative orders aimed to enforce end-of-pipe abatement. Three major implementation measures in this stage (so called “old three measures”) were: Three Simultaneity System, environmental impact assessment system and pollution levy system. The first two focused on the pollution prevention and the last one added in economic stimulation. These three measures were well executed at that time and still play an important role at present. (2) Stage 2: 1983~1991 China's environmental protection achieved significant development in this stage. Environmental protection was confirmed as a fundamental national policy during the second CNCEP, and strengthening environmental management was confirmed as a policy priority for environmental protection. Therefore, the amended Environmental Protection Law (1989) and six environmental individual laws were enacted successively. NEPA was found in 1988, and local Environmental Protection Bureaus (EPBs) were also set up nationwide. By then, basic framework of legal system and environmental institutions has been set up 3) . Environmental protection was added into national developing plan since the Seventh Five-Year Plan, which embodied the concept of coordination between environmental protection and economic growth. In this stage, China’s economy increased rapidly by an average annual growth rate of 10%. However, high energy consumption and high material consumption result in high emissions. During this period, the implementation rate of the “old three measures” increased year by year. For example, the implementation rate 1 of EIA for large and medium sized projects was almost 100% while the implementation rate 2 of “Three Simultaneity System” was about 96% 4) . Based on the new features of economic-social development of that time, “new five measures” were proposed, 1 Ratio of projects that executed EIA among all projects that should execute EIA. 2 Ratio of project that executed “Three Simultaneity” among all construction projects. 5 viz. target-responsibility system for environmental protection, quantitative examination of integrated environmental management, emission permit system, system of centralized control, and enforcement of pollution abatement for noncompliance by designated date. By then, the management structure consisting of eight major implementation and enforcement measures was established. Target-responsibility system is set between central and local government. Quantitative examination of integrated environmental management is of planning level. System of centralized control is of tactical level. And the other three measures are of specific level. Different from stage one, various economic instruments were introduced into the management system besides imperative administrative orders, such as subsidy on pollution abatement, tax preferential policies on comprehensive utilization of wastes, resource tax and compensation fee. These measures stimulated the enthusiasm of enterprises on environmental protection. (3) Stage 3: 1992~present The Rio Earth Summit (1992) was a milestone for the beginning of considering sustainable development in policy making of China’s environmental protection 5) . In this stage, both legislation and institution construction were improved to a new level. By now, 26 environmental individual laws and more than 50 environmental protection administrative regulations in total were enacted 1) . After upgraded to SEPA (1998), China’s environmental administrative authority was upgraded again to MOEP in 2008. In this stage, China’s economy has grown rapidly under the socialist market-based economic system. However, industrial sectors contributed not only to economic development but also to pollution, which results in serious air and water pollution especially in urban areas. Environmental pollution accidents and ecological disasters greatly stimulated China’s environmental protection. For instance, water pollution accidents of Taihu Lake(1990, 1995, 1998, 2007) and Huai River(1989,1994, 2004) caused water shortage to nearby factories and drinking water crisis to millions of people, with direct economic loss over 100 million RMB 7) . Those accidents stimulated the establishment of regulations for water pollution prevention of major river basins and the regulations for protecting safe drinking water. The revised Water Pollution Prevention and Control Law enacted in 2008 also added related content for protection of drinking water source. The “Zero point” action was implemented to strengthen environmental enforcement in both 1997 and 1998. In these enforcement campaigns, pollutants from enterprises of Taihu or Huai river basin must attained national emission standard by 0:00am on December 31st in that year. From 2003, SEPA and EPBs conducted environmental enforcement campaign annually by intensive inspections to polluting enterprises. Those activities achieved immediate but temporary outcome by shutting down tens of thousands serious pollution township and village enterprises (TVEs). The flooding of Yangtze River in 1998 was a serious catastrophe in China’s modern history, which caused 1320 death and direct economic loss at 225 billion RMB. This accident attracted great attention by Chinese top leaders on the situation of severe environmental and ecological deterioration situation. And it also stimulated the enactment of forest law and meteorology law and other resource conservation laws. [...]... implementing national objective of emission reduction and take proper responsibilities; instructing national environmental investment and fund allocation, promoting circular economy; controlling environmental pollution and promoting source prevention; formulating and implementing regulations on prevention and control of various pollution; instructing, coordinating and supervising ecological protection; taking... water in cities; manage water supply and usage in cities Agriculture Control agricultural non-point source pollution, protect agricultural irrigation water Land Resource Protect ocean water, manage and protect ground water Transportation Pollution control in water carriage Forestry Forestry water conservation Economy Trading and Make clean producing policies and make industrial policies for water pollution. .. monitoring; examine EIA reports of hydraulic projects; participate in making water resource policies Water Resource Water resource management; make plans for water resource reservation; manage hydraulic projects; make water resource charging policies; water allocation; inspect water quality and quantity of surface water Construction Supervise planning and building of sewage treatment plans; manage drinking... water reservoir of Yanan city”, water pollution prevention and Rules and control ordinance of Wuxi city”, water pollution control measures of Yangzi river in Jiangsu province”, etc Administrative Such as “preliminary hearing management method of construction land using”, “management measures of marine natural reserve area”, pollution prevention measures for hazard chemical waste”, etc Rules Administrative... reservation of water and land resource according to related laws and regulations Table 2 shows an example of responsibilities allocation among different departments in water pollution control Table 2 Responsibilities allocation among departments in water pollution control1 3) Ministry Major Responsibilities Environmental Protection Make water pollution control policies, rules and standards; water quality... The first one is water basin administrative institution, which 13 represent MWR and it is in charge of the comprehensive management and development of river basin and the control major hydraulic projects; the second one is under joint management of MOEP and MWR, which is mainly in charge of water pollution prevention and control Officially, the second one is regarded as a section of the first one For... provision in the Water Pollution Prevention and Control Law in 1984 And the emission permit system was first confirmed as legal provision in the implementation details of water pollution prevention and control law in 19893) Meanwhile, in the “implementing Scientific Outlook on Development documents”, water pollution control was point out as the most important work for Chinese government in the near... decision-making, macro-guidance, coordination among sectors and supervision over lower levels Especially, environmental protection bureaus of provincial level are mainly in charge of making macro guidelines, policies, and regulations draft; environmental protection bureaus of county level and township level are mainly in charge of micro supervision, such as implementation of state policies, laws and regulations, ... enforcement of pollution abatement for noncompliance by designated date, system of pollution discharge reporting, total emission control system, and enforcement of shutting down, merging and transferring The first three were established in the 1970s, with the main purpose of controlling the “three wastes1” The three in the middle were established in the 1980s, with the main purpose of strengthening point source... Prevention and Control Law, Air Pollution Prevention and Control Law, Solid Waste Pollution Prevention, Noise Pollution Prevention and Control Law and Radioactivity Pollution Prevention and Control Law These laws focus on the pollution control of a certain kind of pollution source, but there are also contents related to resource protection and management The second group is resource conservation and utilization . Water Pollution Control in China: Review of laws, regulations and policies and their implementation . establishment of regulations for water pollution prevention of major river basins and the regulations for protecting safe drinking water. The revised Water Pollution