Recently, the Ministry of Ecology and Environment issued the Measures for the Administration of Pollutant Discharge Permits (No.32), which will come into effect on July 1, 2024. According to the Measures on the Management
of Pollutant Discharge Permits, enterprises, institutions and other producers and operators that are subject to the management of pollutant discharge permits in accordance with the law shall apply for and obtain pollutant discharge permits in accordance with the law and discharge pollutants in accordance with the provisions of the pollutant discharge permits; those that have not obtained pollutant discharge permits shall not discharge pollutants. Enterprises, institutions and other producers and operators that need to fill in the pollutant discharge registration form according to law shall register the pollutant discharge on the national pollutant discharge permit management information platform.
Pollutant discharge units shall, in accordance with the provisions of the Regulations, strictly implement the main responsibility of environmental protection, establish and improve the environmental management system, and strictly control the discharge of pollutants in accordance with the provisions of pollutant discharge permits. The pollutant discharge unit shall fill in and submit the pollutant discharge permit execution report on the national pollutant discharge permit management information platform in accordance with the content, frequency and time requirements of the execution report stipulated in the pollutant discharge permit.
In addition, the Measures for the Administration of Pollutant Discharge Permits emphasize that pollutant discharge units should establish the awareness of licensed pollutant discharge and licensed pollutant discharge, publicize pollutant discharge information in a timely manner, and consciously accept public supervision.
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Article 2 Application, Examination and Approval of Pollutant Discharge Permits These Measures shall apply to the implementation and supervision and management related to pollutant discharge permits. Article
3 Enterprises, institutions and other producers and operators that implement the management of pollutant discharge permits in accordance with the law (hereinafter referred to as pollutant discharge units) shall apply for pollutant discharge permits according to law and discharge pollutants in accordance with the provisions of the pollutant discharge permits; those who have not obtained pollutant discharge permits shall not discharge pollutants. Enterprises, institutions and other producers and operators (hereinafter referred to as pollutant discharge registration units) that need to fill in pollutant discharge registration forms
according to law shall register pollutant discharge on the national pollutant discharge permit management information platform. Article
4 Enterprises, institutions and other producers and operators shall be subject to the key management of pollutant discharge permits, simplified management and pollutant discharge registration management according to such factors as the amount of pollutants produced, the amount of pollutants 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 catalogue of classified management of pollutant discharge permits for fixed pollution sources. The specific scope of pollutant discharge registration units under the management of pollutant discharge registration shall be formulated and promulgated by the competent department of ecological environment under the State Council. Article
5 The competent department of ecological environment under the State Council shall be responsible for the unified supervision and management of pollutant discharge permits throughout the country. The competent departments of ecological environment
at the provincial level and the competent departments of ecological environment at the municipal level with districts shall be responsible for the supervision and management of pollutant discharge permits in their respective administrative regions. Article
6 The competent department of ecological environment shall implement comprehensive licensing management for the discharge of air pollutants, water pollutants, industrial solid wastes, industrial noise and other pollutants by pollutant discharge units. Article
7 The competent department of ecological environment under the State Council shall implement unified coding management for pollutant discharge units and their production facilities, pollution prevention and control facilities and discharge outlets. Article
8 The competent department of ecological environment under the State Council shall be responsible for the construction, operation, maintenance and management of the national information platform for the management of pollutant discharge permits. The application, acceptance, examination, approval decision, alteration, extension, cancellation, revocation and information disclosure of
pollutant discharge permits shall be handled through the national pollutant discharge permit management information platform. If a pollutant discharge unit applies for a pollutant discharge permit, it may also submit a written application by letter or other means. The electronic information related to the pollutant discharge permit recorded in the
national pollutant discharge permit management information platform has the same effect as the information recorded in the original and duplicate of the pollutant discharge permit according to law. Article
9 The actual discharge of pollutants reported in the implementation report of the discharge permit may be used as the basis for carrying out annual ecological environment statistics, assessing the total discharge of key pollutants, and compiling the discharge inventory of pollution sources.
The emission permit shall be used as the confirmation certificate of emission rights and the management carrier of emission trading. Chapter
II Contents
of Pollutant Discharge Permits and Pollutant Discharge Registration Forms Article 10 a pollutant discharge permit shall consist of an original and a duplicate. The competent department of ecological environment of the local people's government at or above the municipal level
with districts may, in accordance with local laws and regulations, add the contents that need to be recorded in the pollutant discharge permit. Article
11 The original of the pollutant discharge permit shall record the basic information specified in Items 1 and 2 of Article 13 of the Regulations, and the duplicate of the pollutant discharge permit shall record all the information specified in Article 13 of the Regulations. The requirements for controlling the discharge of air pollutants, water pollutants, industrial solid waste, industrial noise, etc., and the requirements for prohibiting or restricting the discharge of pollutants in special periods such as heavily polluted weather shall be complied with by the pollutant discharging units as prescribed by
laws and regulations. The requirements for controlling the discharge of toxic and harmful substances, the investigation of hidden dangers of soil pollution, and self-monitoring of key regulatory units for soil pollution shall be recorded in a copy of the discharge permit. Article
12 If a pollutant discharge unit undertakes to implement stricter emission limits, it shall record them in a copy of the pollutant discharge permit. Article
13 The pollutant discharge registration form shall record the following information:
(1) Basic information such as the name of the pollutant discharge registration unit, the unified social credit code, the location of the production and operation site, the industry category, the legal representative or the actual person in charge;
(2) The direction of pollutant discharge, the pollutant discharge standards implemented and the pollution prevention and control measures taken. Chapter
III Application and Examination and Approval
Article 14 a pollutant discharging unit shall, before the actual discharge of pollutants occurs, apply to the competent department of ecological environment of the local people's government at or above the municipal level (hereinafter referred to as the examination and approval department) where its production and operation site is located. Where a
marine engineering pollutant discharge unit applies for a pollutant discharge permit, it shall be implemented in accordance with the provisions of relevant laws and administrative regulations. Article
15 If a pollutant discharging unit has two or more production and operation sites to discharge pollutants, it shall apply to the examination and approval department in the place where the production and operation sites are located for a pollutant discharge permit. Article
16 Before submitting the first application or re-application materials for the pollutant discharge permit, the pollutant discharge unit that implements the key management of the pollutant discharge permit shall disclose the basic information and the matters to be applied for the permit to the public through the national information platform for the management of the pollutant discharge permit, and submit the explanatory materials. The public time shall not be less than five working days. Article
17 When filling in the application form for a pollutant discharge permit, a pollutant discharge unit shall promise the integrity, 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 shall be signed or sealed by the legal representative or the principal person in charge. Article
18 Pollutant discharge units shall submit corresponding materials in accordance with the provisions of Articles 7 and 8 of the Regulations, and may supplement the application materials and submit them to the examination and approval department. If a
pollutant discharge unit applies for a permitted discharge, it shall submit the calculation process of the discharge limit together. If the total emission control indicators of key pollutants are obtained through emission trading, the certification materials of emission trading indicators shall also be submitted. Pollutant discharge units that have built
pollutant discharge outlets shall submit explanations on the standardization of discharge outlets. Article
19 When applying for a pollutant discharge permit, a pollutant discharge unit shall prepare a self-monitoring plan in accordance with the technical guidelines for self-monitoring.
The self-monitoring plan shall include the following contents:
(1) monitoring points and schematic diagrams, monitoring indicators, and monitoring frequency;
(2) monitoring and analysis methods used;
(3) monitoring quality assurance and quality control requirements;
(IV) Requirements for recording, sorting and archiving of monitoring data;
(V) Requirements for information disclosure of monitoring data. Article
20 After receiving the application materials submitted by the pollutant discharge unit, the examination and approval department shall deal with them in accordance with the requirements of Articles 9 and 10 of the Regulations.
The examination and approval department may organize technical institutions to conduct technical assessment of the application materials for pollutant discharge permits and bear the corresponding expenses.Technical institutions shall abide by the principles of science, objectivity and impartiality, put forward technical assessment opinions, and be responsible for the technical assessment opinions, and shall not charge any fees to pollutant discharge units.
Technical institutions shall carry out technical assessment in accordance with relevant laws, regulations, standards and norms of the State and keep the business secrets of pollutant discharge units. Article
21 If a pollutant discharging unit adopts the corresponding feasible technology for pollution prevention and control, or if a pollutant discharging unit of a newly built, rebuilt or expanded construction project adopts the pollution prevention and control technology required by the approval document of the environmental impact report (form), the examination and approval department may consider that the pollution prevention and control facilities or measures adopted by the pollutant discharging unit can meet the requirements of the permitted discharge concentration. If the situation
does not conform to the provisions of the preceding paragraph, the pollutant discharging unit may prove that the pollution prevention and control facilities it uses can meet the requirements of the permitted discharge concentration by providing monitoring data. The monitoring data shall be obtained through the use of monitoring equipment that conforms to the relevant provisions and technical specifications of the state on environmental monitoring and metrological certification; for the pollution prevention and control technologies adopted for the first time in China, the engineering test data shall be provided to prove it. A pollutant discharge permit shall be issued
to a pollutant discharge unit that meets the following requirements:
(1) Obtaining the approval document for the environmental impact report (form) of a construction project in accordance with the law, or having gone through the formalities for filing the environmental impact registration form;
(2) The discharge of pollutants meets the requirements of pollutant discharge standards, and the discharge of key pollutants meets the requirements of technical specifications for application and issuance of pollutant discharge permits, approval documents for environmental impact reports (forms) and total discharge control of key pollutants; If the production and operation sites of pollutant discharging entities are located in key areas or river basins that fail to meet the national environmental quality standards, they shall also meet the special requirements of the relevant local people's governments on improving the ecological environment quality;
(3) The adoption of pollution prevention and control facilities can meet the requirements of the permitted discharge concentration or meet the feasible technologies for pollution prevention and control;
(4) The monitoring points, indicators and frequency of the self-monitoring scheme conform to the national self-monitoring norms. Article
23 The examination and approval department shall make a decision on examination and approval within the statutory time limit for examination and approval, and issue a pollutant discharge permit to those who meet the requirements; for those who do not meet the requirements, it shall issue a decision on disapproval, informing the pollutant discharge unit in writing of the reasons for disapproval, as well as the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law. Where hearing, inspection, testing and expert evaluation are required
according to law, the time required shall not be counted within the time limit for examination and approval, and the examination and approval department shall inform the pollutant discharge unit in writing of the time required. Article
24 When a pollutant discharge unit proposes to renew its pollutant discharge permit in accordance with the provisions of Article 14, paragraph 2, of the Regulations, it shall submit an application form for renewal in accordance with the provisions. If the examination and approval department makes a decision to renew the pollutant discharge permit, the validity period of the renewed pollutant discharge permit shall be calculated from the next day after the expiration of the original pollutant discharge permit. If
a pollutant discharge unit fails to submit a renewal application form 60 days in advance in accordance with the provisions of Article 14, paragraph 2, of the Regulations, and the examination and approval department makes a decision to renew the pollutant discharge permit after the expiration of the validity period of the original pollutant discharge permit according to law, the validity period of the renewed pollutant discharge permit shall be calculated from the date of making the renewal decision; If the examination and approval department makes a decision to renew the discharge permit before the expiration of the original discharge permit according to law, the validity period of the renewed discharge permit shall be calculated from the next day after the expiration of the original discharge permit. Article
25 Where a pollutant discharge permit should be re-applied for in accordance with the provisions of Article 15 of the Regulations, the pollutant discharge unit shall re-apply for the pollutant discharge permit before the actual pollutant discharge behavior changes. The pollutant discharge unit shall submit an application form for a pollutant discharge permit, a letter of commitment signed or sealed by the legal representative or the principal person in charge of the pollutant discharge unit, and other materials related to the re-application for a pollutant discharge permit, and explain the reasons for the re-application. The period of validity of the pollutant discharge permit
for re-application shall be calculated from the date when the examination and approval department makes the decision to re-apply for examination and approval. Article
26 Where the basic information recorded in the original pollutant discharge permit, such as the name, residence, legal representative or principal person in charge of the pollutant discharge unit, has changed, the pollutant discharge unit shall, within 30 days from the date of the change, submit to the examination and approval department an application form for the change of the pollutant discharge permit and other materials related to the change of the pollutant discharge permit.
The examination and approval department shall make a decision on the change within ten working days from the date of acceptance, renew the original of the pollutant discharge permit according to the regulations, and record the change and continuation of the relevant changes in the duplicate of the pollutant discharge permit. The change of the information recorded in the
pollutant discharge permit shall not affect the validity period of the pollutant discharge permit. Article
27 Where the pollutant discharge standards applicable to a pollutant discharge unit and the requirements for the total amount control of key pollutants have changed and the pollutant discharge permit needs to be changed, the examination and approval department shall change the corresponding items of the pollutant discharge permit according to law before the standards come into effect and after the total amount control indicators have changed. Article
28 In addition to the circumstances specified in Articles 25, 26 and 27 of these Measures, if the contents of the pollutant discharge permit have changed, the pollutant discharge unit may apply to the examination and approval department for adjusting the contents of the pollutant discharge permit on its own initiative, and the examination and approval department shall adjust the contents of the pollutant discharge permit in a timely manner. Article
29 Under any of the following circumstances, the examination and approval department shall cancel the pollutant discharge permit in accordance with the law and make a public announcement on the national information platform for the management of pollutant discharge permits:
(1) The pollutant discharge permit has not been extended upon the expiration of its term of validity;
(2) The pollutant discharge unit has been terminated in accordance with the law;
(3) The pollutant discharge permit is revoked or revoked according to law;
(4) Other circumstances under which the pollutant discharge permit shall be cancelled. Article
30 Under any of the following circumstances, a pollutant discharge permit may be revoked according to law and an announcement shall be made on the national information platform for the management of pollutant discharge permits:
(1) Examining and approving a pollutant discharge permit beyond the statutory authority;
(2) Examining and approving a pollutant discharge permit in violation of statutory procedures;
(3) Examination and approval of pollutant discharge permits by staff members of the examination and approval department who abuse their powers or neglect their duties;
(4) Examination and approval of pollutant discharge permits for pollutant discharge units that are not qualified to apply or do not meet the statutory requirements;
(5) Other circumstances under which pollutant discharge permits may be revoked according to law. If a
pollutant discharge unit obtains a pollutant discharge permit by deception, bribery or other improper means, it shall be revoked according to law. Article
31 The competent department of ecological environment at a higher level may supervise, inspect and guide the examination, approval and implementation of the discharge permit of the competent department of ecological environment at a lower level with the authority of examination and approval, and if it finds that it is illegal as stipulated in Article 32 of the Regulations, the competent department of ecological environment at a higher level 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 examination and approval department for a replacement. Pollutant discharge units that have already handled electronic permits for pollutant discharge permits may print their own pollutant discharge permits according to their needs. Chapter
IV Pollutant Discharge Management
Article 33 Pollutant discharge units shall, in accordance with the provisions of the Regulations, strictly implement the main responsibility of environmental protection, establish and improve the environmental management system, 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, build standardized discharge outlets, implement the main responsibility of pollutant discharge and control pollutant discharge in accordance with the laws, regulations and rules of the State for the protection of the ecological environment. Article
34 Pollutant discharge units shall carry out self-monitoring according to law and keep original monitoring records in accordance with the provisions of pollutant discharge permits and relevant standards and norms. The original monitoring records shall be kept for no less than five years.
Pollutant discharge units shall be responsible for the authenticity and accuracy of their own monitoring data, and shall not tamper with or forge them. Article
35 Pollutant discharge units that implement the key management of pollutant discharge permits shall install, use and maintain automatic monitoring equipment for pollutant discharge according to law, and connect with the monitoring equipment of the competent department of ecological environment. If a
pollutant discharge unit finds that the data transmitted by the automatic monitoring equipment for pollutant discharge is abnormal, it shall report to the competent department of ecological environment in time and carry out inspection and repair. Article
36 a pollutant discharging entity shall record the environmental management account in accordance with the format, content and frequency requirements specified in the pollutant discharge permit, which shall mainly include the following contents:
(1) The operation of the main production facilities related to the discharge of pollutants; in case of any abnormal situation, the reasons and measures taken shall be recorded.
(2) Information on the operation and management of pollution prevention and control facilities; in case of any abnormal situation, the reasons and measures taken shall be recorded.
(3) The actual concentration and amount of pollutants discharged; in case of excessive discharge, the reasons for the excessive discharge and the measures taken shall be recorded.
(Four) other information that should be recorded in accordance with relevant technical specifications. The
environmental management account records shall be kept for no less than five years. Article
37 a pollutant discharge unit shall fill in and submit a report on the implementation of a pollutant discharge permit on the national information platform for the management of pollutant discharge permits in accordance with the content, frequency and time requirements of the implementation report stipulated in the pollutant discharge permit.
Pollutant discharge permit execution report includes annual execution report, quarterly execution report and monthly execution report.
The quarterly implementation report and the monthly implementation report shall include the following contents:
(1) a description of the actual concentration and amount of pollutants discharged based on the self-monitoring results, and an analysis of the determination of compliance with the standards;
(2) a description of the excessive discharge of pollutants by the pollutant discharge unit or the abnormal situation of the pollution prevention and control facilities.
The annual implementation report may replace the implementation report of the current quarter or month, and the following contents shall be added:
(1) basic production information of the pollutant discharge unit;
(2) operation of pollution prevention and control facilities;
(3) self-monitoring of implementation;
(4) The implementation of environmental management account records;
(5) Information disclosure;
(6) The construction and operation of the internal environmental management system of the pollutant discharge unit;
(7) The implementation of other contents stipulated in the pollutant discharge permit. The main contents related to pollutant discharge, such as the monitoring data of pollution sources in the acceptance report of environmental protection facilities for the completion of a
construction project, shall be recorded by the pollutant discharge unit in the annual implementation report of the pollutant discharge permit for the year when the acceptance of environmental protection facilities for the completion of the project is completed. The implementation of pollutant discharge permits should be taken as an important basis for post-assessment of environmental impact. When a
pollutant discharging unit discharges a pollution accident, it shall report it in time in accordance with the provisions of relevant laws, regulations and rules. Article
38 Pollutant discharge units shall truthfully disclose pollutant discharge information on the national information platform for the management of pollutant discharge permits in accordance with the provisions of pollutant discharge permits. The
pollutant discharge information shall include the pollutant discharge type, discharge concentration and discharge amount, as well as the construction and operation of pollution prevention and control facilities, the report on the implementation of the pollutant discharge permit, and the self-monitoring data; where the water pollutants are discharged into the municipal drainage pipe network, the information on the location where the sewage is connected to the municipal drainage pipe network and the discharge mode shall also be included. Article
39 The pollutant discharge registration unit shall fill in the pollutant discharge registration form through the national pollutant discharge permit management information platform before the actual pollutant discharge occurs, and immediately generate the registration number and receipt after submission, which shall be retained by the pollutant discharge registration unit itself. The pollutant discharge registration unit shall be responsible for the authenticity, accuracy and completeness of the information filled in. The
pollutant discharge registration form shall take effect from the date of obtaining the registration number, and the validity period shall be implemented in accordance with the relevant laws and regulations. If the information of
pollutant discharge registration changes, the pollutant discharge registration unit shall register the change within 20 days from the date of the change. If the
pollutant discharge registration unit no longer discharges pollutants due to closure or other reasons, it shall cancel the pollutant discharge registration form on the national pollutant discharge permit management information platform in a timely manner. If a
pollutant discharge registration unit needs to apply for a pollutant discharge permit according to law due to changes in production and pollutant discharge, it shall apply for a pollutant discharge permit in time and cancel the pollutant discharge registration form in accordance with relevant laws and regulations and the provisions of these Measures. Chapter
V Supervision and Inspection
Article 40 The competent department of ecological environment shall incorporate the information of pollutant discharge permits and pollutant discharge registration into the database of law enforcement and supervision, incorporate the law enforcement inspection of pollutant discharge permits into the annual plan of law enforcement of ecological environment, and strengthen the list-based law enforcement inspection of the items recorded in pollutant discharge permits. Violations of pollutant discharge permit management, such as discharging pollutants
without obtaining pollutant discharge permits, failing to discharge pollutants in accordance with the requirements of pollutant discharge permits, and failing to fill in pollutant discharge registration forms in accordance with regulations, shall be dealt with in accordance with relevant laws and regulations and the relevant provisions of the Regulations. Article
41 The competent department of ecological environment shall regularly organize the inspection of the implementation of the report on the implementation of the pollutant discharge permit, focusing on the timeliness of the report submitted by the pollutant discharge unit, the integrity of the content of the report, the compliance of the pollutant discharge behavior, the accuracy of the pollutant discharge data and the implementation of various management requirements. The inspection of the implementation report of the
pollutant discharge permit is carried out on the basis of the national pollutant discharge permit management information platform. The competent department of ecological environment may request the pollutant discharge unit to supplement relevant materials such as environmental management account records and self-monitoring data, and organize on-site verification when necessary. Article
42 The competent department of ecological environment shall strengthen the quality management of pollutant discharge permits, establish a quality audit mechanism, and regularly carry out quality verification of pollutant discharge permits. Article
43 Pollutant discharge units shall establish the awareness of licensed pollutant discharge and licensed pollutant discharge, publicize pollutant discharge information in a timely manner, and consciously accept public supervision. The public
is encouraged to participate in the supervision of pollutant discharge units and pollutant discharge registration units according to law. Any unit or individual shall have the right to report any violation of the provisions of these Measures to the competent department of ecological environment. The competent department of ecological environment that receives the report shall deal with it according to law, feedback the results to the informer in accordance with the relevant provisions, and keep the informer confidential. Chapter
VI Supplementary Provisions
Article 44 The original and duplicate of the pollutant discharge permit, the sample of the letter of commitment and the format of the application form for application, renewal and alteration of the pollutant discharge permit shall be formulated by the competent department of ecological environment under the State Council. Article
45 Where a pollutant discharge unit involves state secrets, its pollutant discharge permit, pollutant discharge registration and related supervision and management shall abide by the relevant laws and regulations of the State on confidentiality. Article
46 These Measures shall come into force on July 1, 2024. The Measures for the Administration of Pollutant Discharge Permits (Trial Implementation) (Decree No.48 of the Ministry of Environmental Protection) promulgated by the former Ministry of Environmental Protection shall be abolished at the same time.
