Recently, the Ministry of Ecology and Environment officially issued the "Management Measures for Pollutant Discharge Permits", which will come into effect on July 1, 2024.
Management Measures for Pollutant Discharge Permits
(Announced by the Ministry of Ecology and Environment Order No. 32 on April 1, 2024, effective from July 1, 2024)
catalogue
Chapter 1 General Provisions
Chapter 2 Content of Pollutant Discharge License and Pollutant Discharge Registration Form
Chapter 3 Application and Approval
Chapter 4 Pollutant Discharge Management
Chapter 5 Supervision and Inspection
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1: In order to standardize the management of pollutant discharge permits, this method is formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Marine Environmental Protection Law of the People's Republic of China, special laws on the prevention and control of air, water, solid waste, soil, noise, and other pollutants, as well as the Regulations on the Management of Pollutant Discharge Permits (hereinafter referred to as the "Regulations").
Article 2: The application, approval, execution, and supervision and management related to pollutant discharge permits shall be governed by these Measures.
Article 3 Enterprises, institutions, and other producers and operators (hereinafter referred to as polluting units) that implement pollution discharge permit management in accordance with legal provisions shall apply for and obtain a pollution discharge permit in accordance with the law, and discharge pollutants in accordance with the provisions of the pollution discharge permit; Those who have not obtained a pollution discharge permit shall not discharge pollutants.
Enterprises, institutions, and other producers and operators (hereinafter referred to as pollution discharge registration units) that need to fill out the pollution discharge registration form in accordance with the law shall register their pollution discharge on the National Pollution Discharge License Management Information Platform.
Article 4: Enterprises, institutions, and other producers and operators shall be subject to key management of pollutant discharge permits, simplified management, and pollutant discharge registration management based on factors such as the amount of pollutants generated, discharged, and the degree of impact on the environment.
The specific scope of pollutant discharge units that implement key management and simplified management of pollutant discharge permits shall be implemented in accordance with the provisions of the classification management list of fixed pollution source pollutant discharge permits. The specific scope of pollution discharge registration units that implement pollution discharge registration management shall be formulated and announced by the competent ecological environment department of the State Council.
Article 5: The competent ecological and environmental department of the State Council is responsible for the unified supervision and management of national pollution discharge permits.
Provincial ecological and environmental authorities and municipal ecological and environmental authorities with districts are responsible for the supervision and management of pollutant discharge permits in their respective administrative regions.
Article 6: The competent ecological environment department shall implement comprehensive licensing management for the discharge of pollutants such as atmospheric pollutants, water pollutants, industrial solid waste, industrial noise, etc. by polluting units.
Article 7: The competent ecological and environmental department of the State Council shall implement unified coding management on pollutant discharge units, their production facilities, pollution prevention and control facilities, and discharge outlets.
Article 8: The competent ecological and environmental department of the State Council shall be responsible for the construction, operation, maintenance, and management of the national pollution discharge permit management information platform.
The application, acceptance, review, approval decision, change, extension, cancellation, revocation, and information disclosure of a pollution discharge permit shall be processed through the National Pollution Discharge Permit Management Information Platform. Polluting units that apply for a pollution discharge permit can also submit a written application through letters or other means.
The electronic information related to pollution discharge permits recorded on the National Pollution Discharge Permit Management Information Platform has the same legal effect as the information recorded in the original and duplicate of the pollution discharge permit.
Article 9: The actual emissions of pollutants reported in the implementation report of the pollution discharge permit can serve as the basis for conducting annual ecological environment statistics, assessment of the total emissions of key pollutants, and compilation of pollution source emission lists.
The pollutant discharge permit should serve as the confirmation certificate for pollutant discharge rights and the management carrier for pollutant discharge rights trading.
Chapter 2 Content of Pollutant Discharge License and Pollutant Discharge Registration Form
Article 10: The pollution discharge permit shall consist of an original and a duplicate.
The ecological and environmental management department of the local people's government at or above the level of a district may, in accordance with local regulations, increase the content that needs to be recorded in the pollutant discharge permit.
Article 11: The original pollutant discharge permit shall record the basic information stipulated in Article 13, Items 1 and 2 of the Regulations, while the copy of the pollutant discharge permit shall record all the information stipulated in Article 13 of the Regulations.
The requirements for controlling the discharge of pollutants such as air pollutants, water pollutants, industrial solid waste, and industrial noise that pollutant discharge units shall comply with in accordance with laws and regulations, the requirements for prohibiting or restricting the discharge of pollutants during special periods such as heavy pollution weather, and the requirements for controlling the discharge of toxic and harmful substances, investigating soil pollution hazards, and self monitoring by key soil pollution supervision units shall be recorded in the copy of the pollutant discharge permit.
Article 12: If a pollutant discharge unit promises to implement stricter emission limits, it shall be recorded in the copy of the pollutant discharge permit.
Article 13: The pollution discharge registration form shall record the following information:
（1） Basic information such as the name of the pollutant discharge registration unit, unified social credit code, location of production and business premises, industry category, legal representative or actual person in charge, etc;
（2） The destination of pollutant emissions, the pollutant emission standards implemented, and the pollution prevention and control measures taken.
Chapter 3 Application and Approval
Article 14 Polluting units shall apply for a pollution discharge permit from the ecological and environmental competent department of the local people's government at or above the district level where their production and business premises are located (hereinafter referred to as the approval department) before the actual pollution discharge behavior occurs.
If a marine engineering pollutant discharge unit applies for a pollutant discharge permit, it shall comply with the provisions of relevant laws and administrative regulations.
Article 15: If a pollutant discharge unit has two or more production and business premises that discharge pollutants, it shall apply to the approval department of the place where the production and business premises are located separately to obtain a pollutant discharge permit.
Article 16: Polluting units that implement key management of pollutant discharge permits shall, before submitting the materials for the initial application or reapplication of pollutant discharge permits, publicly disclose basic information and proposed licensing matters to the society through the National Pollutant Discharge Permit Management Information Platform, and submit explanatory materials. The public disclosure period shall not be less than five working days.
Article 17 When filling out the application form for a pollutant discharge permit, the pollutant discharge unit shall promise the completeness, authenticity, and legality of the application materials for the pollutant discharge permit, promise to discharge pollutants in accordance with the provisions of the pollutant discharge permit, implement the environmental management requirements stipulated in the pollutant discharge permit, and have the legal representative or main person in charge sign or stamp.
Article 18 Polluting units shall submit corresponding materials in accordance with the provisions of Article 7 and Article 8 of the Regulations, and may provide supplementary explanations to the application materials, which shall be submitted to the approval department together.
If a pollutant discharge unit applies for a permit to discharge, it shall also submit the calculation process of the emission limit value. If the total emission control indicators of key pollutants are obtained through emission trading, proof materials of the emission trading indicators should also be submitted.
Pollutant discharge units that have already established pollutant discharge outlets shall submit explanations on the standardization of discharge outlets.
Article 19: Polluting units shall prepare self monitoring plans in accordance with the self monitoring technical guidelines when applying for a pollution discharge permit.
The self monitoring plan should include the following content:
（1） Monitoring points and schematic diagrams, monitoring indicators, and monitoring frequency;
（2） The monitoring and analysis methods used;
（3） Monitoring quality assurance and quality control requirements;
（4） Requirements for recording, organizing, and archiving monitoring data;
（5） Requirements for the disclosure of monitoring data information.
Article 20: After receiving the application materials submitted by the pollutant discharge unit, the approval department shall handle them in accordance with the requirements of Article 9 and Article 10 of the Regulations.
The approval department may organize technical institutions to conduct technical evaluations on the application materials for pollutant discharge permits and bear corresponding costs. Technical institutions shall follow the principles of science, objectivity, and impartiality, provide technical evaluation opinions, and be responsible for the technical evaluation opinions. They shall not charge any fees to polluting units.
Technical institutions conducting technical evaluations shall comply with relevant national laws, regulations, standards and norms, and keep confidential the trade secrets of polluting units.
Article 21: If a pollutant discharge unit adopts feasible pollution prevention and control technologies, or if a pollutant discharge unit adopts pollution prevention and control technologies required by the environmental impact report (table) approval document for a new, renovated, or expanded construction project, the approval department may consider that the pollution prevention and control facilities or measures adopted by the pollutant discharge unit can meet the requirements of the permitted emission concentration.
If the situation does not comply with the provisions of the preceding paragraph, the pollutant discharge unit may prove by providing monitoring data that the pollution prevention and control facilities it adopts can meet the requirements of the permitted emission concentration. Monitoring data should be obtained through the use of monitoring equipment that complies with relevant national environmental monitoring and metrology certification regulations and technical specifications; For the first pollution prevention and control technology adopted domestically, engineering test data should be provided to prove it.
Article 22: Pollutant discharge permits shall be issued to units that meet the following conditions:
（1） Obtain the approval documents for the environmental impact assessment report (form) of the construction project in accordance with the law, or complete the registration procedures for the environmental impact assessment form;
（2） The discharge of pollutants meets the requirements of pollutant discharge standards, and the discharge of key pollutants meets the technical specifications for the application and issuance of pollutant discharge permits, the approval documents for environmental impact reports (tables), and the requirements for total control of key pollutant emissions; Among them, if the production and operation sites of polluting units are located in key areas or river basins that have not met the national environmental quality standards, they should also meet the special requirements of the relevant local people's governments for improving the quality of the ecological environment;
（3） The use of pollution prevention and control facilities can meet the permitted emission concentration requirements or comply with feasible pollution prevention and control technologies;
（4） The monitoring points, indicators, frequency, etc. of the self monitoring plan comply with the national self monitoring standards.
Article 23: The approval department shall make approval decisions within the statutory approval period and issue pollutant discharge permits to those who meet the conditions; For those who do not meet the conditions, a decision on not granting permission shall be issued, and the pollutant discharge unit shall be informed in writing of the reasons for not granting permission, as well as the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
If a hearing, inspection, testing, or expert review is required by law, the required time shall not be counted within the approval period. The approval department shall inform the pollutant discharge unit in writing of the required time.
Article 24: When a pollutant discharge unit applies for an extension of its pollutant discharge permit in accordance with the provisions of Article 14, Paragraph 2 of the Regulations, it shall submit an extension application form in accordance with the regulations. If the approval department makes a decision to extend the pollutant discharge permit, the validity period of the extended pollutant discharge permit shall be calculated from the day after the expiration of the original pollutant discharge permit.
If the pollutant discharge unit fails to submit an extension application form 60 days in advance in accordance with the provisions of Article 14, Paragraph 2 of the Regulations, and the approval department makes a decision to extend the pollutant discharge permit after the original permit expires in accordance with the law, the validity period of the extended pollutant discharge permit shall be calculated from the date of making the extension decision; If the approval department makes a decision to extend the pollutant discharge permit before the expiration of the original pollutant discharge permit in accordance with the law, the validity period of the extended pollutant discharge permit shall be calculated from the day after the expiration of the original pollutant discharge permit.
Article 25: For those who meet the requirements of Article 15 of the Regulations and need to reapply for a pollution discharge permit, the polluting unit shall reapply for a pollution discharge permit before the actual pollution discharge behavior changes. Polluting units shall submit an application form for a pollution discharge permit, a commitment letter signed or stamped by the legal representative or main person in charge of the polluting unit, and other materials related to reapplying for a pollution discharge permit, and explain the reasons for reapplying.
The validity period of the re applied pollution discharge permit shall be calculated from the date when the approval department makes the decision to reapply for approval.
Article 26: If the basic information recorded in the original pollutant discharge permit, such as the name, address, legal representative or main person in charge of the pollutant discharge unit, changes, the pollutant discharge unit shall submit an application form for changing the pollutant discharge permit and other materials related to the change to the approval department within 30 days from the date of the change.
The approval department shall make a decision on changes within ten working days from the date of acceptance, and issue the original pollutant discharge permit in accordance with regulations. The relevant changes shall be recorded in the change and continuation records of the duplicate pollutant discharge permit.
The change in the information recorded in the pollution discharge permit does not affect the validity period of the permit.
Article 27 If there are changes in the pollutant discharge standards and total control requirements for key pollutants applicable to pollutant discharge units, and it is necessary to change the pollutant discharge permit, the approval department shall change the corresponding matters of the pollutant discharge permit in accordance with the law before the standards take effect and after the total control indicators change.
Article 28 Except for the circumstances stipulated in Article 25, Article 26, and Article 27 of these Measures, if there is a change in the content recorded in the pollutant discharge permit, the pollutant discharge unit may proactively apply to the approval department to adjust the content of the pollutant discharge permit, and the approval department shall promptly adjust the content recorded in the pollutant discharge permit.
Article 29: In case of any of the following situations, the approval department shall handle the cancellation procedures of the pollutant discharge permit in accordance with the law and announce them on the National Pollutant Discharge Permit Management Information Platform:
（1） The validity period of the pollution discharge permit has expired but has not been extended;
（2） If the pollutant discharge unit terminates in accordance with the law;
（3） The pollutant discharge permit has been revoked or revoked in accordance with the law;
（4） Other circumstances that should be cancelled.
Article 30: If any of the following circumstances occur, the pollutant discharge permit may be revoked in accordance with the law and announced on the National Pollutant Discharge Permit Management Information Platform:
（1） Approval of pollutant discharge permits beyond legal authority;
（2） Violating the statutory procedures for approving pollutant discharge permits;
（3） Personnel of the approval department abuse their power and neglect their duties in approving pollutant discharge permits;
（4） Approval of pollutant discharge permits for pollutant discharge units that do not meet the application qualifications or legal requirements;
（5） Other situations where the pollutant discharge permit can be revoked in accordance with the law.
If a pollutant discharge unit obtains a pollutant discharge permit through unfair means such as deception and bribery, it shall be revoked in accordance with the law.
Article 31: The superior ecological environment department may supervise, inspect, and guide the approval and implementation of pollutant discharge permits by the subordinate ecological environment department with approval authority. If it is found that it falls under the illegal situation stipulated in Article 32 of the Regulations, the superior ecological environment department shall order it to make corrections.
Article 32: If a pollutant discharge permit is lost or damaged, the pollutant discharge unit may apply to the approval department for a replacement. Polluting units that have already obtained electronic pollution discharge permits can print their own pollution discharge permits as needed.
Chapter 4 Pollutant Discharge Management
Article 33 Polluting units shall strictly implement the main responsibility of environmental protection in accordance with the provisions of the Regulations, establish and improve environmental management systems, and strictly control the discharge of pollutants in accordance with the provisions of pollutant discharge permits.
Pollutant discharge registration units shall operate and maintain pollution prevention and control facilities in accordance with national ecological and environmental protection laws, regulations, and other management provisions, construct standardized discharge outlets, implement the main responsibility of pollutant discharge, and control the discharge of pollutants.
Article 34 Polluting units shall carry out self monitoring in accordance with the provisions of the pollution discharge permit and relevant standards and specifications, and keep original monitoring records in accordance with the law. The retention period of original monitoring records shall not be less than five years.
Polluting units are responsible for the authenticity and accuracy of their self monitoring data and shall not tamper or forge them.
Article 35: Polluting units that implement key management of pollutant discharge permits shall install, use, and maintain automatic monitoring equipment for pollutant discharge in accordance with the law, and connect it with the monitoring equipment of the competent ecological environment department.
If a pollutant discharge unit discovers abnormal data transmission from the automatic monitoring equipment for pollutant emissions, it shall promptly report to the competent ecological environment department and conduct inspections and repairs.
Article 36 Polluting units shall record the environmental management ledger in accordance with the format, content, and frequency requirements stipulated in the pollution discharge permit, which mainly includes the following contents:
（1） The operation status of the main production facilities related to pollutant emissions; If an abnormal situation occurs, the cause and measures taken should be recorded.
（2） Operation and management information of pollution prevention and control facilities; If an abnormal situation occurs, the cause and measures taken should be recorded.
（3） The actual emission concentration and amount of pollutants; If excessive emissions occur, the reasons for exceeding the standards and the measures taken should be recorded.
（4） Other information that should be recorded according to relevant technical specifications.
The retention period of environmental management ledger records shall not be less than five years.
Article 37 Polluting units shall, in accordance with the content, frequency, and time requirements of the execution report stipulated in the pollution discharge permit, fill out and submit the pollution discharge permit execution report on the National Pollution Discharge Permit Management Information Platform.
The execution report of the pollution discharge permit includes annual execution report, quarterly execution report, and monthly execution report.
Quarterly and monthly execution reports should include the following content:
（1） based on self monitoring results, explain the actual emission concentration and amount of pollutants, and analyze the determination of compliance;
（2） Explanation of excessive emissions from polluting units or abnormal pollution prevention and control facilities.
The annual execution report can replace the quarterly or monthly execution report and add the following content:
（1） Basic production information of pollutant discharge units;
（2） Operation status of pollution prevention and control facilities;
（3） Self monitoring of execution status;
（4） Implementation status of environmental management ledger records;
（5） Information disclosure situation;
（6） The construction and operation of the internal environmental management system of the pollutant discharge unit;
（7） Implementation of other pollution discharge permit regulations.
The main content related to pollutant emissions, such as pollution source monitoring data, in the acceptance report of environmental protection facilities upon completion of construction projects, shall be recorded by the pollutant discharge unit in the annual execution report of the pollutant discharge permit in the year of completion of environmental protection facilities acceptance of the project. The implementation of pollutant discharge permits should serve as an important basis for post environmental impact assessment.
When a pollutant discharge unit experiences a pollution accident, it shall report it in a timely manner in accordance with relevant laws, regulations and rules.
Article 38 Polluting units shall truthfully disclose pollutant discharge information on the national pollutant discharge permit management information platform in accordance with the provisions of the pollutant discharge permit.
Pollutant emission information should include the types, concentrations, and amounts of pollutants emitted, as well as the construction and operation of pollution prevention and control facilities, emission permit execution reports, self monitoring data, etc; The discharge of water pollutants into the municipal drainage network should also include information on the location and discharge method of the sewage connected to the municipal drainage network.
Article 39: Pollutant discharge registration units shall fill out the pollutant discharge registration form through the National Pollutant Discharge License Management Information Platform before the actual pollutant discharge behavior occurs, and immediately generate a registration number and receipt after submission, which shall be retained by the pollutant discharge registration unit on its own. The pollutant discharge registration unit shall be responsible for the authenticity, accuracy, and completeness of the information filled in.
The pollution discharge registration form shall take effect from the date of obtaining the registration number, and its validity period shall be implemented in accordance with relevant laws and regulations.
If there is a change in the pollution discharge registration information, the pollution discharge registration unit shall register the change within 20 days from the date of the change.
If a pollutant discharge registration unit no longer discharges pollutants due to closure or other reasons, it shall promptly cancel the pollutant discharge registration form on the National Pollutant Discharge License Management Information Platform.
If a pollutant discharge registration unit needs to apply for a pollutant discharge permit in accordance with the law due to changes in production and discharge conditions, it shall timely apply for a pollutant discharge permit and cancel the pollutant discharge registration form in accordance with relevant laws and regulations and the provisions of these Measures.
Chapter 5 Supervision and Inspection
Article 40: The competent ecological environment department shall include the pollution discharge permit and registration information in the law enforcement and supervision database, include the pollution discharge permit law enforcement inspection in the annual ecological environment law enforcement plan, and strengthen the list style law enforcement inspection of the items recorded in the pollution discharge permit.
Any behavior that violates the management of pollutant discharge permits, such as discharging pollutants without obtaining a pollutant discharge permit, discharging pollutants not in accordance with the requirements of the pollutant discharge permit, and failing to fill out the pollutant discharge registration form in accordance with regulations, shall be dealt with in accordance with relevant laws, regulations, and the relevant provisions of the Regulations.
Article 41: The competent ecological environment department shall regularly organize inspections on the implementation of the implementation report of the pollutant discharge permit, with a focus on checking the timeliness of the submission of the implementation report by the pollutant discharge unit, the completeness of the report content, the compliance of pollutant discharge behavior, the accuracy of pollutant discharge data, and the implementation of various management requirements.
The inspection of the implementation report of the pollution discharge permit is carried out based on the National Pollution Discharge Permit Management Information Platform. The ecological environment regulatory department may require polluting units to provide additional environmental management ledger records, self monitoring data and other relevant materials, and may organize on-site inspections if necessary.
Article 42: The competent ecological environment department shall strengthen the quality management of pollutant discharge permits, establish a quality audit mechanism, and regularly conduct quality inspections of pollutant discharge permits.
Article 43 Polluting units shall establish the awareness of licensed and certified pollution discharge, timely disclose pollution discharge information, and consciously accept public supervision.
Encourage the public to participate in supervising the discharge behavior of polluting units and registered units in accordance with the law. Any unit or individual has the right to report any behavior that violates the provisions of these Measures to the competent ecological environment department. The ecological environment regulatory department that receives the report shall handle it in accordance with the law, provide feedback on the handling results to the whistleblower in accordance with relevant regulations, and keep the whistleblower confidential.
Chapter 6 Supplementary Provisions
Article 44: The original and duplicate copies of the pollution discharge permit, the sample of the commitment letter, and the format of the application form for the application, extension, and change of the pollution discharge permit shall be formulated by the competent ecological environment department of the State Council.
Article 45: If a pollutant discharge unit involves state secrets, its pollutant discharge permit, pollutant discharge registration, and related supervision and management shall comply with the relevant confidentiality laws and regulations of the state.
Article 46: These Measures shall come into effect on July 1, 2024. The Measures for the Administration of Pollutant Discharge Permits (Trial) issued by the former Ministry of Environmental Protection (Order No. 48 of the Ministry of Environmental Protection) shall be simultaneously abolished.