Ministry of Transport revised "Administrative Regulations for Port Dangerous Goods Safety"

The "Administrative Regulations on Port Dangerous Goods" (Ministry of Transportation Decree No. 9 of 2003) has been implemented since January 1, 2004, strengthening the management of dangerous goods in ports, preventing and reducing the occurrence of dangerous goods accidents, and ensuring the safety of people's lives and property. An important role. With the rapid development of the petrochemical industry in China in recent years, the society has made new improvements in the understanding of hazardous chemicals management. To further strengthen the safety management of hazardous chemicals, the State promulgated the "Regulations on the Administration of Dangerous Chemicals Safety" in 2002. It was revised and the newly revised "Regulations on the Administration of Dangerous Chemicals Safety" (hereinafter referred to as the "Regulations") was implemented on December 1, 2011.

A major change in the new “Regulations” is to clarify the responsibilities of the port administrative department in terms of warehouse management and other aspects in the port area, and put forward many new, higher, and more specific requirements for port dangerous cargo handling and storage. The department faces greater responsibilities and challenges. On the other hand, with the continuous expansion of the number of dangerous cargo terminals and tank sites in the port, the security risks are increasing. Various localities have discovered new problems in the safety management of dangerous cargoes in ports in recent years, and have also obtained a lot of new management experience. . Therefore, it is necessary to revise the Order No. 9 to properly link the regulations with the new regulations, establish a sound safety management system, implement safety management responsibilities, and strengthen supervision of dangerous goods operations in the port.

The revised principle The internal and external environmental conditions involved in this revision have changed greatly. The content of the adjustment is more and the relationship is more complicated. The amendment to the new No. 9 decree adhering to the concept of scientific development and safe development follows the following basic principles:

First, strict compliance with the upper law fully reflects the characteristics of the industry. The new No. 9 decree must not only comply with the provisions of the existing laws and regulations, but also combine the security features of port dangerous goods operations with the actual practices of safety management to achieve the organic combination of the superior method and the characteristics of the industry.

The second is to innovate regulatory means, raise the level of supervision, cancel the system for the certification of dangerous goods operations in ports, increase legal liability, and shift from “re-approval and lighter supervision” to strengthening safety supervision.

The third is to strengthen and implement the main responsibility of the company. The enterprise is the main body of safe production, and it is the fundamental and key to ensure safe production. This is the objective law of safe production, and it is also a direction and focal point for innovating the safe production system. It is particularly significant for the safe management of dangerous goods in ports.

Applicable Scope and Framework The new Decree No. 9 is applicable to the safety management of operational activities such as loading and unloading, transferring, storing and packing dangerous goods or loading and unloading containers of hazardous cargo containers in ports; it is divided into general rules and port construction by means of subsections. The project security review, port dangerous goods operation management, emergency management, safety supervision and management, legal responsibilities, and attachments are divided into seven chapters, from the original 41 to 63.

The main contents of the revision (1) The establishment of a security review system for dangerous cargo construction projects for ports In accordance with Article 12 of the new Regulations, the new No. 9 Order sets out from the actual needs of port security management and systematically establishes and regulates the security condition review system. At the same time, it has made provisions for the review of the design of safety facilities and special acceptance of dangerous goods construction projects for ports.

(II) Set up a new permit No. 9 for harboring hazardous cargoes with a permit to cancel the permit for dangerous goods operations in harbors. However, in order to facilitate the strengthening of safety supervision by the port authorities, it is clarified that the dangerous goods port operators are obtaining the Port Operation Permit. At the same time, the “Dangerous Goods Port Operation Attachment” was issued as a supporting document for the “Port Operation Permit”.

It was pointed out that the dangerous goods port operators should set up corresponding monitoring, monitoring, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, and explosion prevention in the workplace according to the types and hazardous characteristics of the dangerous goods posted in the "Dangerous Goods Operational Permit of the Port". , Pressure Relief, Antivirus, Neutralization, Moisture Protection, Lightning Protection, Antistatic, Anticorrosion, Anti-leakage, and Protection of Dike or Segregation Operation Safety Facilities, Equipment, and Safety Facilities, Equipment, in Accordance with National Standards, Industrial Standards, or State Relevant Regulations Perform regular maintenance and maintenance to ensure the normal use of safety facilities and equipment.

(III) Perfecting Safety Evaluation Management System The safety evaluation work has a very important role in the safety management of port construction projects, and it provides technical support for the safety supervision of the Hong Kong Administration Department. The new Order No. 9 is applied to the safety of dangerous goods in ports. The organization, personnel, and work scope of the evaluation made restrictive requirements, and the evaluation organization implemented record management.

(IV) Establishing a supervision system for major hazards The new Regulations clearly put forward regulatory requirements for major hazards. According to the contents of the new “Regulations” and the existing work requirements of the safety supervision department, the new Decree No. 9 established the supervision system for major hazards in the port, including the identification, classification, assessment, and filing of major hazards in the port.

(5) Establishing an opening and dismantling inspection system In order to avoid supervision, the phenomenon of concealed or false declaration of dangerous goods in ports has occurred from time to time, bringing major hidden dangers to the port security. According to the new “Regulations”, the new No. 9 Order clarifies the alleged entrainment or misstatement, etc. The port administrative department or the maritime administrative agency may open and examine according to law. At the same time, in order to avoid repeated unpacking, the notification mechanism between the port and the sea is stipulated.

(6) Strengthen the main responsibilities of operating enterprises To implement and strengthen the main responsibilities of port companies, and in accordance with the relevant laws and regulations and fully absorb the experience of the port's dangerous goods safety management practices, the new No. 9 decree is in place in the company's operating qualifications and safety facilities. The specific requirements were put forward in terms of job declarations, addition of inhibitors or stabilizers, hidden troubleshooting, safety production standardization, and site operations management.

(vii) Improve emergency management of dangerous goods in port The accident has the characteristics of sudden, rapid proliferation, long duration, wide coverage, multiple hazards, and large social hazards. Once the rescue is not effective, it will cause great damage to life, property and the environment. Impact. In accordance with the requirements of laws and regulations such as the "Safe Production Act," "Emergency Response Act," and "New Regulations", the new Decree No. 9 will formulate emergency plan, record, emergency resource allocation and emergency rescue training for port companies and port administrative authorities. The drills, emergency response, and accident reports have been clearly defined.

(VIII) Increased Legal Liabilities The new Decree No. 9 was based on the new “Regulations”, which increased the penalties for illegal, illegal, and non-compliance, and focused more on economic punishment.