It refers to the process of investigating and diagnosing the production and service process according to certain procedures, finding out the causes of high energy consumption, high material consumption and heavy pollution, putting forward plans to reduce the use and production of toxic and harmful substances, energy consumption, material consumption and waste production, and then selecting a technically feasible and economically environmentally friendly cleaner production plan. The whole production process requires the use of non-toxic and low-toxic raw materials and pollution-free processes and equipment for industrial production; For the whole life cycle of products, it is required that the selection of raw materials and the disposal after use do not constitute or reduce the harm to human health and the environment.
purpose
Saving energy, reducing consumption, reducing pollution and increasing efficiency
Eliminate (or reduce) harmful substances on products, reduce the consumption of raw materials and energy in the production process, reduce production costs and reduce the harm to human health and the environment.
target
Improve the efficiency of resource utilization, reduce or avoid the generation and discharge of pollutants in the process of production, service and product use, so as to reduce or eliminate the harm to human health and the environment.
think
Identify resource, energy consumption and waste production parts, analyze high resource, energy consumption and waste production parts, and put forward plans to reduce resource, energy consumption and reduce and eliminate waste.
profit
For enterprises, it can really reduce costs, reduce the consumption of raw materials and energy, and improve the efficiency of materials and energy use. For the country, the central task of energy conservation and emission reduction is an important measure for China to promise the world to reduce greenhouse gas emissions. For local governments, it is an important way to complete the task of energy conservation and emission reduction stipulated by the state.
Rule editor
temporal
Temporary measures vary from place to place. For example, enterprises in Dongguan passed the cleaner production audit, and the city rewarded 300,000 yuan; Guangdong enterprises passed the cleaner production audit, and the province rewarded 50,000 yuan; The Hong Kong Productivity Council awarded 6.5438+0.9 million to Hong Kong-funded enterprises in the Pearl River Delta, as well as energy conservation and emission reduction projects. Detailed policies can be found on relevant government websites.
Decree number. State Environmental Protection Administration 16
In order to fully implement cleaner production and standardize cleaner production audit behavior, according to the Cleaner Production Promotion Law of People's Republic of China (PRC) and the division of responsibilities of relevant departments in the State Council, the National Development and Reform Commission and the State Environmental Protection Administration formulated and deliberated and adopted the Interim Measures for Cleaner Production Audit, which are hereby promulgated and shall come into force as of June 6, 2004.
Director of National Development and Reform Commission: Ma Kai.
Director of State Environmental Protection Administration: Xie Zhenhua.
August 2004 16
Chapter I General Principles
Article 1 In order to promote cleaner production and standardize cleaner production audit, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on the Promotion of Cleaner Production.
Article 2 The cleaner production audit mentioned in these Measures refers to the process of investigating and diagnosing the production and service processes according to certain procedures, finding out the causes of high energy consumption, high material consumption and heavy pollution, proposing to reduce the use and generation of toxic and harmful substances, reducing energy consumption, material consumption and waste generation, and then selecting a technically, economically and environmentally feasible cleaner production scheme.
Article 3 These Measures shall apply to all units engaged in production and service activities and departments engaged in related management activities in People's Republic of China (PRC).
Article 4 The National Development and Reform Commission and the State Environmental Protection Administration shall be responsible for managing the national cleaner production audit. The administrative departments of development and reform (economy and trade) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps shall, jointly with the administrative department of environmental protection, organize and carry out cleaner production audits according to the actual situation in the region.
Article 5 Cleaner production audit shall take enterprises as the main body, follow the principle of combining voluntary audit of enterprises with compulsory audit of the state, and combining independent audit of enterprises with external assistance audit, adjust measures to local conditions, carry out it in an orderly manner, and pay attention to actual results.
Chapter II Scope of Cleaner Production Audit
Article 6 Cleaner production audit is divided into voluntary audit and compulsory audit.
Article 7 The State encourages enterprises to voluntarily carry out cleaner production audits. Enterprises whose pollutant emissions meet the national or local emission standards may voluntarily organize the implementation of cleaner production audit and put forward the goal of further saving resources and reducing pollutant emissions.
Article 8 Under any of the following circumstances, compulsory cleaner production audit shall be implemented:
(1) Enterprises with serious pollution whose pollutant emissions exceed national and local emission standards, or whose total pollutant emissions exceed the total emission control targets approved by local people's governments;
(2) Enterprises that use toxic and harmful raw materials for production or discharge toxic and harmful substances during production.
Toxic and harmful raw materials or substances mainly refer to substances that are highly toxic, corrosive, irritating, radioactive (excluding nuclear power facilities and military nuclear facilities), carcinogenic and teratogenic in the List of Dangerous Goods (GB 12268), the List of Dangerous Chemicals, the List of National Hazardous Wastes and the List of Highly Toxic Chemicals.
Article 9 The list of enterprises implementing compulsory cleaner production audit as stipulated in the first paragraph of Article 8 shall be put forward by the local environmental protection administrative department according to the management authority, and submitted to the environmental protection administrative department of the province, autonomous region, municipality directly under the Central Government, cities with separate plans and Xinjiang Production and Construction Corps for approval and determination, and a batch shall be published every year. And notify the enterprise in writing, and send a copy to the administrative department of development and reform (economy and trade) at the same level; At the same time, the list will be published in major local media.
The list of enterprises implementing compulsory cleaner production audit as stipulated in the second paragraph of Article 8 shall be determined by the administrative departments of environmental protection of all provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and Xinjiang Production and Construction Corps in conjunction with the administrative departments of development and reform (economy and trade), combined with the actual situation of cleaner production audit in the local area, and based on the analysis of the consumption of toxic and harmful raw materials or the discharge of toxic and harmful substances by enterprises and the severity of the possible environmental impact, the list shall be determined by stages, and the enterprises shall be notified in writing and published in the local major media.
Chapter III Implementation of Cleaner Production Audit
Article 10 An enterprise that implements the compulsory cleaner production audit stipulated in the first paragraph of Article 8 shall publish the discharge of major pollutants in the local major media within one month after the list is published. The main contents of the announcement shall include: enterprise name, legal representative, enterprise address, name of discharged pollutants, discharge mode, discharge concentration and total amount, and the situation and total amount exceeding the standard. The competent administrative department of environmental protection below the provincial level shall verify the discharge of major pollutants announced by enterprises in accordance with the management authority.
Eleventh enterprises listed in the compulsory cleaner production audit list shall implement cleaner production audit within two months after the list is published.
Paragraph 2 of Article 8 stipulates that the interval between two audits shall not exceed five years for enterprises that implement compulsory cleaner production audit.
Twelfth enterprises that voluntarily carry out cleaner production audit can provide cleaner production audit plans to the administrative departments of development and reform (economy and trade) and environmental protection, and organize cleaner production audit according to the contents and procedures of cleaner production audit plans.
Thirteenth cleaner production audit procedures in principle include audit preparation, pre-audit, audit, the generation, screening and determination of implementation plans, and the preparation of cleaner production audit reports.
(1) Audit preparation. Carry out training and publicity, set up a cleaner production audit working group composed of enterprise managers and technicians, and make a work plan;
(2) Pre-trial. On the basis of comprehensive investigation of the basic situation of enterprises, through qualitative and quantitative analysis, the focus of cleaner production audit and cleaner production objectives are determined;
(3) review. Through the input-output analysis in the process of production and service, the material balance, water balance, resource balance and pollution factor balance are established to find out the causes of material loss, resource waste and pollutants.
(4) Generation and screening of implementation schemes. Analyze the material loss, resource waste, pollutant generation and discharge, put forward the implementation plan of cleaner production, and preliminarily screen the plan;
(5) Determination of implementation scheme. Analyze the technical, economic and environmental feasibility of the preliminary screened cleaner production scheme, and determine the cleaner production scheme to be implemented by the enterprise;
(six) the preparation of cleaner production audit report. The cleaner production audit report shall include the basic information of the enterprise, the process and results of cleaner production audit, the summary of cleaner production scheme and benefit forecast analysis, and the implementation plan of cleaner production scheme, etc.
Chapter IV Organization and Management of Cleaner Production Audit
Fourteenth cleaner production audit is mainly organized by enterprises themselves. Enterprises that do not have the ability to independently carry out cleaner production audits may entrust industry associations, cleaner production centers, engineering consulting units and other consulting services to assist in carrying out cleaner production audits.
Fifteenth consulting services to assist enterprises to organize cleaner production audit work, shall meet the following conditions:
(1) Having the qualification of an independent legal person;
(2) Having technicians who are familiar with the production process, technology and pollution prevention and control management of relevant industries, know the knowledge of cleaner production and master the cleaner production audit procedures;
(3) Having institutional measures to provide fair, just and efficient services for cleaner production audit of enterprises.
Article 16 Enterprises listed in the compulsory cleaner production audit list shall submit the cleaner production audit report to the local administrative department of environmental protection and the administrative department of development and reform (economy and trade) within one year from the date of publication of the list. Enterprises directly under the central government shall submit the cleaner production audit report to the local administrative department of environmental protection, development and reform (economic and trade), and send a copy to the State Environmental Protection Administration and the National Development and Reform Commission.
Seventeenth voluntary enterprises to carry out cleaner production audit, can refer to the provisions of article sixteenth of these measures to submit cleaner production audit report.
Eighteenth levels of development and reform (economic and trade) administrative departments and environmental protection administrative departments shall, according to the implementation plan put forward in the cleaner production audit report, actively guide and urge enterprises to organize the implementation of cleaner production implementation plan.
Nineteenth levels of development and reform (economic and trade) administrative departments, environmental protection administrative departments and consulting services should keep technical and commercial secrets for enterprises that implement cleaner production audit.
Article 20 The National Development and Reform Commission, together with the State Environmental Protection Administration, shall establish a national cleaner production expert database, issue a catalogue of cleaner production guidance for key industries and a guide to cleaner production audit for industries, organize cleaner production training, and provide information and technical support for enterprises to carry out cleaner production audit.
Local development and reform (economic and trade) administrative departments at all levels in conjunction with the environmental protection administrative department may, according to local actual conditions, organize cleaner production audit training and establish a local cleaner production expert database.
Chapter V Reward and Punishment
Twenty-first enterprises that voluntarily implement cleaner production audit and have achieved remarkable results after the implementation of cleaner production plan shall be commended by the administrative departments of development and reform (economy and trade) and environmental protection at or above the provincial level, and announced in the local major media.
Article 22 When formulating and implementing national key investment plans and local investment plans, the administrative departments of development and reform (economy and trade) at all levels should include cleaner production projects such as energy saving, water saving and comprehensive utilization, improving resource utilization rate and pollution prevention as key areas, and increase investment support.
Twenty-third sewage charges can be used to support enterprises to implement cleaner production. Financial departments at all levels and environmental protection departments should give priority to the use of sewage charges for cleaner production projects that meet the requirements of the Regulations on the Administration of the Collection and Use of Sewage Charges.
Twenty-fourth small and medium-sized enterprise development fund should arrange an appropriate amount to support small and medium-sized enterprises to implement cleaner production according to needs.
Twenty-fifth enterprises to carry out cleaner production audit costs, allowed to be included in the operating costs of enterprises or related expenses.
Twenty-sixth enterprises can establish an internal cleaner production recognition and reward system according to the actual situation, and give certain rewards to those who have made remarkable achievements in cleaner production audit.
Twenty-seventh enterprises in violation of the provisions of article tenth, shall be punished in accordance with the provisions of article forty-first of the "People's Republic of China (PRC) cleaner production promotion law"; Enterprises that violate the provisions of Article 16 of the second paragraph of Article 8 shall be punished in accordance with the provisions of Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Cleaner Production.
Article 28 If the consulting service institutions entrusted by enterprises fail to carry out cleaner production audit according to the prescribed contents and procedures, resort to deceit or provide false audit reports, the development and reform (economic and trade) departments of provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps shall, jointly with the competent administrative department of environmental protection, order them to make corrections and make them public. Causing serious consequences, will be investigated for legal responsibility.
Article 29 Where the administrative department of development and reform (economic and trade) and the staff of the administrative department of environmental protection neglect their duties and disclose the technical and commercial secrets of the enterprise, thus causing economic losses to the enterprise, they shall be dealt with in accordance with the relevant laws and regulations of the state.
Chapter VI Supplementary Provisions
Article 30 These Measures shall be interpreted by the National Development and Reform Commission and the State Environmental Protection Administration.
Thirty-first provinces, autonomous regions, municipalities directly under the central government, cities under separate state planning and Xinjiang Production and Construction Corps may formulate detailed implementation rules according to these measures.
Thirty-second military enterprises cleaner production audit can refer to these measures.