OGC Meetings with Chinese Environmental Officials
Organizations with which the OGC delegation met in China
- Ministry of Environmental Protection (formerly SEPA) Department of Policy and Law
- MEP Regional Offices for South China, Eastern China
- The National People’s Congress Environmental Protection and Resources Conservation Committee’s Legislative Department
- Environmental Protection Bureaus (EPBs) of Guangdong Province, Guangzhou City, Shanghai, and the Pudong District of Shanghai
- American Chamber of Commerce, Beijing
- American Chamber of Commerce Shanghai
- General Electric
- American Bar Association
- Natural Resources Defense Council
- Center for Legal Assistance to Pollution Victims
- Faculty and students of: Sun Yat-Sen University Law School in Guangzhou, Shanghai Jiao Tong University Law School, Tsinghua University Law School in Beijing, Zhongnan University of Economics and Law / Research Institute of Environmental Law in Wuhan
Former General Counsel Roger R. Martella launched the EPA - China Environmental Law Initiative in September, 2007. Accompanied by EPA Region 8 Regional Counsel Bob Ward and Office of General Counsel International Practice Group attorney Steve Wolfson, the General Counsel traveled to China and met with Chinese environmental officials and Chinese environmental law experts from universities, NGOs, and industry.
The trip came about in the context of increasing Administration cooperation with China through the Strategic Economic Dialogue and increasing EPA cooperation with China in recent years The meetings were organized with a great deal of assistance from the U.S. Embassy and Consulates and the American Bar Association.
Major themes of the meetings included:
Environmental Legislation and Regulation
Chinese experts noted a need to strengthen aspects of China’s environmental laws and the opportunity to learn from the U.S. in a number of areas, including regulation of enterprises, environmental federalism
, and the use of market-based mechanisms.
Discussion focused on several key aspects of China's environmental protection framework, including:
- Plans for reduction in major pollutants
- Target responsibility system for holding local officials accountable for achieving pollution reduction goals
- Plans for new and amended legislation, including the Energy Conservation law, on which a legal drafting team is working as of November, 2007
- Environmental Impact Assessment requirement
- Three Simultaneous policy (which provides for pollution control equipment to be designed, constructed, and operated simultaneously with the design, construction, and operation of new facilities)
Water Pollution Control Law Amendments were adopted in February, 2008.
In addition, future legislation may include provisions on oil and gas pipelines, energy efficiency in construction and recycling, as well as possible amendments to some of the basic environmental laws. Corporate responsibility is being considered as well, as China's Ministry of Environmental Protection (MEP, formerly SEPA) is working with the Chinese banking system to include consideration of environmental compliance in credit decisions.
Reduction of Major Pollutants
The 11th Five Year Plan provides for a 10% reduction in major pollutants by 2010. These reduction targets may vary between the provinces and even within the provinces. Those interested in China’s direction on environmental protection will be closely tracking progress towards these targets.
Regional Offices of China's Ministry of Environmental Protection
China's Ministry of Environmental Protection (MEP, formerly SEPA) is working to enhance its presence throughout China by developing regional offices. These MEP “Regional Supervision Centers”
are said to have authority to supervise the provincial Environmental Protection Bureaus (EPBs) in their jurisdiction but not to instruct them on what to do. Implementation and enforcement responsibility rests primarily with the EPBs. Regional office responsibilities can also include emergency response, addressing inter-provincial pollution problems, and follow-up on complaints. In the near future the central government might give more authority to the MEP, including the regional offices.
Environmental Conflict Resolution
A number of Chinese environmental officials noted the large number of disputes and complaints they receive and expressed interest in environmental conflict resolution.
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