Decree of the National Environmental Protection Agency No. 18
Measures on the Management of Electromagnetic Radiation Environmental Protection was adopted at the executive session of the National Environmental Protection Agency on January 27, 1997 and is hereby promulgated for implementation.
Administrator Xie Zhenhua
National Environmental Protection Agency
March 25, 1997
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with "The Environmental Protection law of the People's Republic of China", in order to strengthen the environmental protection on electromagnetic radiation, to protect environment and the public health.
Article 2 The Electromagnetic Radiation (EMR) in the Measures refers to, but only limited non-ionizing radiation, the energy flow propagated in space in form of electromagnetic wave, including electromagnetic wave transmission in communication and information, electromagnetic radiation coming from application in industry, science and medical service, and electromagnetic radiation coming from electrical power transmission with high voltage.
The Measures are applicable to all organizations and persons that undertake the activities of EMR mentioned above, or conduct activities associated with EMR.
Article 3 The environmental protection departments of the People's governments above the county level implement unified supervision management for EMR environmental protection in the local area.
Article 4 The higher competent authorities of the organizations that undertake activities of EMR are responsible for supervising management of EMR environmental protection in their own industry sectors.
Article 5 Any organizations or persons have right to accuse and take lawsuit against the behavior violating the present Rules.
Chapter II Inspection and Management
Article 6 The environmental protection administrative department of the State Council is responsible for the registration of environment protection, approval of the Environmental Impact Assessment (EIR) Report, inspection of the design, construction, operation of environmental protection facilities with the principle part of the project simultaneously (Three simulfaneifies), and acceptance of the projects as follows,
1. Television tower that total power is over 200kW.
2. Broadcast transmitter that total power is over 1000kW.
3. EMR construction projects that effects could beyond the administration in one province.
4. The larger EMR construction project that investment is over the limited quota of the State.
Article 7 The environmental protection department in province, autonomous region, or municipality (hereinafter referred to as province level) is responsible for the registration of environment protection for construction projects above the exempting level and except for those projects listed in Article 6, and responsible for approving EIA Report. The environmental protection department in province level is responsible for inspecting the implementation of "three simultaneities", and accepting the projects, and responsible for taking part in the process of EIA Report approval, inspection and acceptance of those projects that are undertaken by the environmental protection administrative department of the State Council, and responsible for inspection and examination for the environment impact after construction of those projects. The environmental protection department in province level is responsible for training local environmental manage staffs and responsible for implementing supervision and management, and conducting supervisory monitoring for local environmental impact caused by EMR activities.
Article 8 The environment protection departments in city level, under the entrust of the environment protection departments in the province level, may undertake a part of or all of the tasks listed in Article 7 and responsible for routine supervision and management, and conducting supervisory monitoring for local environmental impact of EMR projects.
Article 9 The higher competent authorities of the organizations that undertake activities of EMR should supervise and request the organizations under its leadership to comply with the environmental protection regulation and standards, should strengthen the ERM environment protection management, and should be responsible for the preliminary endorsement of the EIA Report (Form) of the ERM construction project.
Article 10 When undertake EMR activities, the organizations or persons should comply with the State environmental protection policies, law, regulation and standard, accept the inspection and management on EMR environment protection from the environment protection department, and protect the environment from pollution of EMR.
Article 11 Before constructing EMR project or using the EMR instruments listed in "The list of EMR projects and instruments" (See Appendix), the organizations and persons that undertake the EMR activities shall complete environment protection registration proceeding in the environment protection department that is responsible for approval of EIA Report (Form), based on the present Rules.
Within 30 days of receiving application and registration, the environment protection department that is responsible for approval of EIA Report (Form) should send the written comments to the organizations or persons that undertake EMR activities, and send a copy to both the higher competent authority and local environment protection department.
Article 12 Based on the development plan of the city where applied EMR project locates in, the scale of the EMR project and instruments, and the requirements of environmental protection in local area, the environment protection department that is responsible for approval of EIA Report (Form) should make decision on the application and registration as follows:
1. The EMR construction projects and instruments, which have backward process and instruments, severe environment pollution, wasteful of resources, and destroying ecology seriously, should be prohibited.
2. For those EMR projects that are above the exemption level and in accordance with the requirements of local development plan, the organization or persons should complete the approval proceeding for EIA Report.
3. For those EMR instruments that are used in industry, scientific research and medical service, the organization or persons should complete the approval proceeding for EIA Form.
Article 13 The environment protection department in province level is responsible for confirming the EMR projects and the exemption level according to the provisions in the State EMR protection standards.
Article 14 For those EMR projects or instruments listed in "The list of EMR projects and instruments", which had been built or bought before publication of the regulation, the owners shall supplement environment protection registration, if they did not apply and register in relevant environment protection departments. For those projects or instruments that could not satisfy the environment protection standards and pollute environment seriously, the owners should take complementary measurement, otherwise the projects should be closed or relocated according to relevant regulations.
Article 15 For those that must formulate EIA Report (Form), the organizations or persons that undertake EMR activities shall assess the environment impact caused possibly by EMR activities, formulate the EIA Report (Form), and submit for review and approval to relevant environment protection department.
The EIA Report for EMR project should be formulated in two stages. The first stage is before approving the construction project, "The EIA Report in feasibility stage" shall be completed. The second stage is before completing and accepting the environment protection facility for EMR project, "The EIA Report in operation stage" shall be completed.
The EIA Form for EMR instruments used in industry, scientific research and medical service shall be completed before operation.
Article 16 The higher competent authority of the organizations that undertake activities of EMR should have a preliminary endorsement for the EIA Report (Form). The environment protection department that is responsible for approval of EIA Report (Form) should approve or rise request within 180 days after receiving the EIA Report (Form) and the preliminary endorsement from the higher competent authority. If no response from the environment protection department within 180 days, the EIA Report (Form) is regarded as approval.
Any EMR instruments that have get approval for EIA Report (Form) shall not change the rated power without approval. If needed, the owner should reformulate the EIA Report (Form) and submit for re-approval to the original approval department.
Article 17 Any organization that undertake environment impact assessment for EMR activities shall have the professional qualification certificate for environment assessment.
Article 18The "Three same time rules" for environment protection facilities shall be strictly implemented if these facilities have been defined in the EIA Report (Form) of the EMR projects or instruments for protecting the environment pollution from the EMR activities.
Article 19 The organizations and persons that undertake EMR activities shall comply with the provisions of the State regulations on completion and acceptance of environment protection facilities. Before an EMR project or instrument put into operation, the owner should submit the application report of acceptance for environment protection facility to original environment protection department that has approved the EIA Report (Form) and submit the EIA Report as requested in Article 15. After accepted and satisfied, the environment protection department would approve the application report of acceptance and issue the EMR Environmental Acceptance Certificate.
Article 20 The organizations and persons that undertake EMR activities shall examine periodically the functions of EMR equipment and environment protection facilities, find in time the potential failure and take effective complementary measurements immediately. For the purpose of environmental protection and requirement of development plan in the city, a restricted area where high power EMR equipment or high frequency equipment is used intensively may be arranged. The sensitive buildings such as resident buildings and nursery houses could not be build in the restricted area.
Article 21 The main tasks for EMR environmental monitoring are:
1. Measuring the EMR field strength level in the environment.
2. Supervisory monitoring for EMR pollution sources.
3. Inspecting the environmental protection facilities that have accepted in environment protection facilities completion.
4. Providing the measurement data for compiling the EIA report (form) and compiling environment quality report.
5. Providing the measurement data for collecting discharge fee or dealing with the incidents of EMR environment pollution.
Article 22 The transmission facilities of EMR projects shall operate within the rated power and the frequency range approved by the State Radio Management Board.
The EMR equipment used in industries, scientific research and medical service shall satisfy the requirements of the "radio interfere restriction level" issued by the State and relevant departments.
Chapter III Management of Pollution Incidents
Article 23 In case of an accident or other sudden events, the responsible organization that has caused or has possibility to cause the EMR pollution accident shall immediately take protective measures and inform the public and units that have the possible pollution hazards from EMR accident. The responsible organization shall report to the local environment protection department and relevant departments, and accept the accident investigation.After receiving the report of environment pollution by EMR, the environment protection department should implement investigation, and request the responsible organization to take measures to eliminate the effects.
Article 24 The environment protection department, in cooperation with relevant departments, should investigate and deal with the EMR pollution events if the events affect the production and life quality of the public or have adverse effects to the public health.
Chapter IV Rewards and Punishments
Article 25 The environment protection departments should give rewards to the organizations and persons in one of performances as follows:
1. Outstanding contribution to the management for EMR environmental protection.
2. Outstanding contribution to comply conscientiously for and execute the stipulations in the present Rules and reduce the EMR pollution to the environment.
3. Outstanding contribution to the EMR protection technologies in research, development and promoting utilization.
The environment protection department should have reward, after investigation, to the person who disclose serious violation activities of the present Rules.
Article 26 According to the State regulations on environment protection management for construction projects, the environment protection department may impose a fine, impose an order to make improvements within a prescribed time to any one of cases as follows:
1. Violate the stipulations in the present Rules, do not complete environment protection registration proceeding in the environment protection department or provide deception information in registration.
2. Violate the stipulations in the present Rules, do not assess the environment impact and do not formulate the environment impact assessment report (form).
3. Refuse to accept the on-site inspection of the environment protection department or provide deception information during the inspection.
Article 27 For any organization or person that violates the present Rules and changes, without approval, the rated power of the EMR facilities defined in EIA Report (Form), the environment protection department will impose a fine below RMB10,000. If the organization or person has illegal income, the fine will be below 3 times of the illegal income, however the highest fine should be no more than RMB 30,000.
Article 28 For any organization or person that violates the present Rules and puts the principle EMR project and instrument into operation without completing the construction of or without accepting of environment protection facility, the environment protection department that approved the EIA Report (Form) will impose an order of suspend production or use, and impose a fine.
Article 29 If any organization that undertakes the environment impact assessment violates the provisions of the State regulations on EIA and provides deception information, the environment protection department that issues Certificate of Environment Impact Assessment will confiscate its income of EIA or cancel its EIA qualification, and impose a fine.
Article 30 For any organization or person that violates the present Rules and causes environment pollution accident of the EMR, the environment protection department in province level will impose a fine. If the organization or person has illegal income, the fine will be below 3 times of the illegal income, however the highest fine should be no more than RMB30,000. If no illegal income, the fine will be below RMB10,000.
The organization or persons that be responsible for the hazard of EMR environment pollution shall pay compensation for the economic loss to the victims according to provisions of relevant laws.
Article 31 If any inspection and management staff in environment protection misuses the power, derelicts in duty and not engage in self-seeking or discloses the technology or business secrets of the organizations and persons that undertake EMR activities, he/she should be impose administrative discipline by the organization where he/she serves for or the higher authority; thereby constituting a crime, shall be prosecuted for his/her criminal responsibility by judicial organs in accordance with law.
Chapter V Supplementary Provisions
Article 32 The expenses for the compilation and review of environment impact assessment report (form), the measurement of pollution sources and acceptance of the environment protection facilities should be arranged according to the State relevant regulations.
Article 33 The exemption level in the Measures refers to the limit of exempting management for EMR activities. The environment protection administrative department in the State Council makes the exemption level.
Article 34 The Measures shall come into force from the date of promulgation.
Appendix The List of EMR Projects and Instruments
I. Transmission system
1. Television (FM) transmitter
2. Broadcast (FM) transmitter
3. Radio station
4. Radar system
5. Mobil communication system above the exemption level
II Low frequency and strong radiation system
1. Power transmission system above 100 KV
2. Low frequency equipment with electric current above 100A
3. Electric motor rail system.
III Industrial, scientific, medical instruments
1. Media heating equipment
2. Induct heating equipment
3. Electric medical therapy equipment
4. Industrial microwave heating equipment
5. Frequency radio equipment.
For constructing the EMR project listed above, the environment protection registration should be completed before approving the project. For using the EMR instrument listed above, the environment protection registration should be completed before purchasing the instrument.
The environment protection department in province level should confirm the exemption level according to "The Regulations on Protection for Electric Magnetic Radiation", GB8702-88.
(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)