To regulate management of contingency plan on environmental accidents, improve the planning system and make the contingency plan more scientific, effective and feasible, MEP issued Temporary Measures on Management of Contingency Plan on Environmental Accidents (hereinafter referred to as Measures) on Sept. 28, 2010. The Measures clarify requirement on preparation, assessment, filing and revision of environmental contingency plan developed by environmental departments, companies and institutes. Recently, our journalist made an interview with Zhang Xun, Deputy Director General of Emergency Response Center, MEP to know more about the importance and main characteristics of the Measures. 

A: Opinions on Strengthening Management of Emergency Response in an All-round Way issued by the State Council requires that contingency plans should be established covering all areas, industries and institutes. The system for environmental contingency plan has begun to take shape. However, the plans are not as reasonable, effective and feasible as they should be because we still lack unified management and regulation on the preparation, assessment, release, filing and revision of the plans, and publicity and education, training and exercises. For example, some plans are too general to be put into practice. The plans lack coherence and coordination. Dynamic management of contingency plan lags behind and some descriptions and standards in the plans are not clear enough. Current input cannot meet the needs of plan operation. Therefore, it is urgent to establish related laws and regulations as soon as possible to regulate all links in the management of contingency plans. 

The purpose of the Measures is to provide guidance and basis for whole process of management of environmental contingency plans, including preparation, assessment, filing and revision. This is the basic requirement for developing environmental contingency plan by law. And it’s the institutional guarantee for a science-based, timely and standard plan. Preparation and revision of the plan may facilitate investigation and supervision of environmental risks and build up our capacity in handling emergencies in a prompt manner. Filing and publicity of the plan will help raise the awareness of environmental emergency response among government departments, environmental departments, businesses, institutions and social organizations, enhance the management skill of environmental departments in emergency response and promote whole process management of environmental emergency response. 

Second, development of the Measures is a necessity to regulate and improve China’s environmental contingency plan system. It may help coordinate contingency plans of different types and levels. Currently, there is no regulation on the preparation of contingency plans and existing plans are not complete and relevant or lack feasibility. For instance, the department usually copy the plan made by this superior when making a contingency plan. This fails to distinguish its plan in terms of its level and locality. Some guiding documents issued by related authorities on the preparation of contingency plans to be made by companies and institutions are too general to help produce targeted and feasible plans. Sometimes, such plans are even contradictory. 

Third, the Measures were formulated to establish a connection between handling of environmental accidents and other various emergencies. The contingency plan system for environmental accidents as a whole was made up by environmental contingency plans of different types and levels. It is also a major part of emergency response system and is linked to emergency response system of other accidents. Currently, there are not sufficient provisions on the preparation of contingency plans so that the plans don’t have any connections and fail to produce their due effect. 

The Measures were developed to keep abreast with the time and adapt to the new circumstances of environmental emergencies. Environmental emergencies are represented by abrupt occurrence, diverse forms, serious consequences and evident uncertainty. This means when we developed the Measures, we should not only work out targeted provisions on past environmental accidents, but also provide flexibility to meet the changing situation. We should revise the plan by law according to the changes of objective situation. 

A: The draft work borrowed experience from Emergency Response Law, National Environmental Contingency Plan and related measures made by state departments and local governments.  

From October 2008 to July 2009, Suzhou Environmental Emergency Response and Accident Investigation Center, Suzhou University of Science and Technology and Research Institute of Environmental Law, Wuhan University jointly prepared the Measures and completed the draft version for comments as entrusted by MEP. 

On Oct. 19 and 20, 2009, Emergency Response Office of MEP held a workshop in Beijing, listening to opinions of provincial EPBs and environmental supervision centers and improved the draft version. The final version was completed in April 2010 based on two consultations with related institutions and experts on environmental emergency response. In June 2010, the ministerial executive meeting deliberated and adopted the Measures, which was issued in the form of ministerial document in September 2010. 

A: The Measures have the following five characteristics: 

First, it emphasizes whole process management of the environmental contingency plan. The Measures set provisions on preparation, assessment, release, filing, implementation, publicity and education, training, exercises and revision of the plan to facilitate whole process management by EPBs, companies and institutions. Preparation of the plan is the basis the Measures, which includes classification of plans and basic requirement on the content. Scientific and careful assessment serves as the basis for judging whether the plans are scientific. Filing of plans helps to establish connections with contingency plans of different levels and types and make the contingency plan system more integrated. Publicity and education will raise public awareness and increase their knowledge. Training program will brush up the skill of professionals. We can enhance our capability in handling emergencies and find out what is inappropriate in the plan by operating exercises regularly. Situation caused by environmental emergencies are complicated and volatile. Strict rules on revision of plans will help to guard against unexpected danger and build up risk prevention capacity. 

Second, the Measures highlighted classified management of environmental contingency plans. Scientific classification of contingency plans is the premise to develop science-based and effective plans. Different plans are made according to different events, standard and basis. As the responsibility of government department, companies and institutions differs in management of environmental emergency response, the role and position of departments at different levels and companies of different types also vary in the response work. The Measures identify clear rules on the preparation, assessment and filing of contingency plans by government departments, companies and institutions to ensure the relevance of the plans and coordination within the contingency plan system. This will avoid repetition of regulations and prevent related parties to shirk responsibility. There are also rules for plan preparation by companies and institutions which uphold the principle of prevention as the major task and reduce occurrence of environmental accidents according to the characteristics of environmental emergencies.

Third, the Measures pay attention to both the wholeness and specific properties of management of contingency plan. On the one hand, it borrowed the common aspects of other contingency plans or disposal measures and stressed connection among all sections. On the other hand, it highlighted the uniqueness of environmental emergencies by setting up procedural requirement fit for the development of environmental contingency plans. This ensured the plans are targeted and scientific and can make a connection with other contingency plans in different fields. Crystal clear provisions were made on the principle and conditions for revising contingency plans. The Measures also require regular exercises and assessment of plans so that we will enhance emergency response capacity and address environmental accidents effectively and positively. 

Fourth, we made explorations in social operation mechanism such as preparation and assessment of plans. Companies and institutions are encouraged to entrust preparation of plans to professional technical agencies. Members of the assessment team should include representatives of industrial associations and experts in emergency response management and related technologies. This will provide a foundation for MEP to establish and nurture special teams to prepare and assess environmental contingency plans as well as a team to review plans. The three teams will formulate standards and procedures compatible with the Measures. In the meantime, the Measures set out provisions on the basic content of plans and participation of stakeholders. This can maintain the coherence of contingency plan system while being specific to environmental accidents. Participation of stakeholders will help secure approbation by more people and the feasibility of the plans. 

Fifth, implementation of the Measures will realize whole process management of environmental emergency response. Preparation and revision of plans will promote investigation and supervision of environmental risks. By implementing and managing the contingency plans and urging companies to carry out investigation of environmental risks and prevention measures, the environmental departments also partly perform the responsibility of supervision of environmental risks. We will get prepared for preventing environmental accidents by establishing a reporting and filing system for contingency plans developed by companies and different departments, conducting dynamic management and realizing overall management of environmental risks and emergency response within the responsible jurisdiction. Assessment of plans will make sure the plans are targeted, practical and feasible. This will enhance coordination with other related plans. Exercises of contingency plans in diverse forms and on a regular basis will help companies and departments to better understand the plans and procedures for response, regulate their actions with regard to on-site disposal, information reporting and investigation. They will also be able to find out the defects of plans and revise them promptly, contributing to cooperation among different departments and the linkage mechanism. Publicity of the plans will improve public participation and their self-rescue capability, achieving united action starting from early-warning, to social mobilization, rapid response and emergency response. Exercises of emergency response and examination of specific cases will give us more chance to revise and improve the plans and do a good job in review and training. The Measures clarify the responsibilities and division of work so that government, companies and institutions will know what to do in management and response of emergencies. It will help us to look into cases and provide evidence for investigation and handling.