Companies in China Facing Increased Challenges on Noise Control

With the increased attention on environmental protection in Chinese society, the amended Law on Prevention and Control of Noise Pollution (hereinafter “Law”) has come into force from June 5th 2022. Since the first issuance of noise control law in 1996, China has not substantially amended noise control requests for over 20 years. This amended Law aims to replace the outdated rules as well as improving noise control and prevention measures.

Amendments to the Law

Concentrated Noise-sensitive Building Areas

The scope of noise-sensitive buildings has expanded extensively after the amendment, consisting of buildings used for domicile, scientific research, medical treatment, education, government offices, and social welfare. Concentrated noise-sensitive building areas refer to communities with intensely noise-sensitive buildings subject to division by the local authorities.

Noise control and prevention measures within such sensitive areas impose quite stringent requirements. For example, it is forbidden to newly build any industrial facilities that may generate noise within such areas. If there are any construction activities, automatic surveillance systems have to be installed. Moreover, loudspeakers are generally prohibited within such sensitive areas.

Noise Limits in Quality Standards

The amended Law requests to improve the noise limit mechanism in quality standards for industrial equipment, automobiles, trains, railway vehicles, airplanes, boats, electronic devices, etc. The noise limits for the concerned products shall be illustrated in their technical specifications, and companies will not be allowed to produce, import, or sell unqualified products that fail to meet designated noise limits.

Pollutant Discharge Permit for Noise Pollution

In line with the in-force pollutant discharge permit system in China, the Law further stipulates that companies that discharge industrial noise shall obtain the pollutant discharge permit. The pollutant discharge permit would specify the discharge period and limit the quota for noise pollution. This mechanism has actually been already implemented by the current pollutant discharge permit system, and the pollutant discharge permit information is accessible through public websites.

Traffic Noise

The Law also increases attention on traffic noise control. In addition to the regular noise control requests on city planning, infrastructure construction, and vehicle transport, it further requests urban railway operators to maintain the sustainable running of affiliated vibration absorbers and noise-control facilities. The noise around urban railways, trains, and airports shall also be properly monitored in preparation for emergency responses and further restrictions.

Conclusion

Above all, it’s clear that the Law aims to reduce noise pollution from both their sources as well as practices. Serious penalties, including the increased number of monetary penalties and/or orders to be shut down, might be imposed against violators of the Law. The increased pressure on environmental protection has actually been ongoing for several years since the new Environmental Law revolution in 2015.

Companies in China may need to verify their locations to precisely understand the local standards for noise control. Meanwhile, appropriate noise control measures shall also be implemented in accordance with the most updated rules.

We at D’Andrea & Partners Legal Counsel constantly monitor the latest developments in the Chinese market. If you want to inquire more information related to this issue, feel free to get in contact with us:info@dandreapartners.com