Important Announcement | "Administrative Measures for Discharge Permits" to Take Effect on July 1st

Editor's Note: The "Administrative Measures for Discharge Permits" were officially released on April 8th. Its core content mainly includes the following aspects:

1. Standardized Management: Standardize the management of pollutant discharge permits to ensure that enterprises, institutions and other producers and operators apply for and obtain pollutant discharge permits in accordance with the law and discharge pollutants in accordance with regulations.

2. Categorized Management: Based on the amount of pollutants generated, the amount of pollutants discharged, and the degree of their impact on the environment, key management of pollutant discharge permits, simplified management, and pollutant discharge registration management shall be implemented.

3. Application and Approval: The application procedures, required materials, and approval process for the discharge permit are clearly defined, as well as the responsibilities and requirements of the approval department.

4. Contents of the Discharge Permit: This section specifies the information that the discharge permit should include, such as basic information of the discharging entity, permitted discharge volume, discharge standards, and self-monitoring requirements.

5. Sewage Discharge Management Requirements: Specific requirements are put forward for licensed sewage discharge units in terms of environmental management, self-monitoring, record keeping, implementation reports and information disclosure.

6. Supervision and Inspection and Legal Liability: The supervision and inspection responsibilities of the ecological and environmental authorities have been strengthened, and corresponding legal liabilities have been set for violations of the regulations on the management of pollutant discharge permits.

7. Information Disclosure and Social Supervision: Encourage public participation in supervision and require polluting entities to disclose pollutant discharge information and accept social supervision.

8. Supplementary Provisions: These include the format of the discharge permit, the management of discharge units involving state secrets, the effective date of the regulations, and other necessary provisions.

These core elements collectively form the framework of the "Administrative Measures for Discharge Permits," which aims to control and manage pollutant emissions through legal means, protect the ecological environment, and promote sustainable development. The following is the main text:

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The Ministry of Ecology and Environment of the People's Republic of China Order No. 32, the "Administrative Measures for Discharge Permits," was reviewed and approved at the 4th Ministerial Meeting of 2023 on December 25, 2023, and is hereby promulgated. It shall come into effect on July 1, 2024. Minister Huang Runqiu, April 1, 2024.

Discharge Permit Management Measures

Table of contents

Chapter 1 General Provisions

Chapter Two: Contents of Discharge Permit and Discharge Registration Form

Chapter Three Application and Approval

Chapter Four Sewage Management

Chapter Five Supervision and Inspection

Chapter Six Supplementary Provisions

Chapter 1 General Provisions

Article 1

In order to standardize the management of pollutant discharge permits, this regulation 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, and special laws on the prevention and control of pollution of air, water, solid waste, soil, and noise, as well as the Regulations on the Management of Pollutant Discharge Permits (hereinafter referred to as the "Regulations").

Article 2

This regulation applies to the application, approval, and execution of discharge permits, as well as related supervision and management activities.

Article 3

Enterprises, institutions, and other producers and operators subject to pollution discharge permit management according to law (hereinafter referred to as pollution discharge units) shall apply for and obtain pollution discharge permits in accordance with the law and discharge pollutants in accordance with the provisions of the pollution discharge permits; those who have not obtained pollution discharge permits shall not discharge pollutants. Enterprises, institutions, and other producers and operators required by law to fill out pollution discharge registration forms (hereinafter referred to as pollution discharge registration units) shall register their pollution discharge on the national pollution discharge permit management information platform.

Article 4

Based on factors such as the amount of pollutants generated, the amount emitted, and the degree of environmental impact, enterprises, institutions, and other producers and operators are subject to key management, simplified management, and discharge registration management for discharge permits. The specific scope of discharge units subject to key management and simplified management for discharge permits shall be implemented in accordance with the provisions of the Classified Management Directory of Discharge Permits for Stationary Pollution Sources.

The specific scope of entities subject to pollution discharge registration management shall be formulated and published by the State Council's environmental protection department .

Article 5

The State Council's environmental protection department is responsible for the unified supervision and management of pollution discharge permits nationwide. Provincial-level environmental protection departments and municipal -level environmental protection departments are responsible for the supervision and management of pollution discharge permits within their respective administrative regions .

Article 6

The ecological and environmental authorities implement comprehensive licensing management for the discharge of pollutants such as air pollutants, water pollutants, industrial solid waste, and industrial noise by polluting entities.

Article 7

The State Council's environmental protection department implements unified coding management for polluting entities and their production facilities, pollution prevention and control facilities, and discharge outlets.

Article 8

The State Council's environmental protection department is responsible for the construction, operation, maintenance, and management of the national pollutant discharge permit management information platform. Applications, acceptance, review, approval decisions, modifications, renewals, cancellations, revocations, and information disclosure related to pollutant discharge permits must be processed through the national pollutant discharge permit management information platform . Pollutant discharge entities may also submit written applications by mail or other means. The electronic information related to pollutant discharge permits recorded in the national pollutant discharge permit management information platform has the same legal effect as the information recorded in the original and duplicate copies of the pollutant discharge permits.

Article 9

The actual pollutant emissions reported in the pollutant discharge permit implementation report can serve as the basis for conducting annual ecological and environmental statistics, assessing the total emissions of key pollutants, and compiling pollution source emission inventories. The pollutant discharge permit should serve as confirmation of discharge rights and as a management mechanism for discharge rights trading.

Chapter Two: Contents of Discharge Permit and Discharge Registration Form

Article 10

A pollutant discharge permit consists of an original and a copy. The environmental protection departments of local people's governments at the prefecture-level city level or above may, in accordance with local regulations, add information that needs to be included in the pollutant discharge permit.

Article 11

The original discharge permit shall contain the basic information stipulated in Articles 13(1) and (2) of the Regulations, and the duplicate discharge permit shall contain all the information stipulated in Article 13 of the Regulations. Requirements for controlling the emission of air pollutants, water pollutants, industrial solid waste, and industrial noise, as stipulated by laws and regulations, requirements prohibiting or restricting the emission of pollutants during special periods such as heavily polluted weather, and requirements for key soil pollution monitoring units to control the emission of toxic and hazardous substances, investigate potential soil pollution hazards, and conduct self-monitoring, shall be recorded in the duplicate discharge permit .

Article 12

If a polluting entity commits to implementing stricter emission limits, it shall record this in the copy of its pollutant discharge permit.

Article Thirteen

The pollution discharge registration form shall record the following information: (i) the name of the pollution discharge registration unit, the unified social credit code, the location of the production and operation site, the industry category, the legal representative or actual person in charge, and other basic information; (ii) the destination of pollutant discharge, the pollutant discharge standards implemented, and the pollution prevention and control measures taken.

Chapter Three Application and Approval

Article 14

Before any actual discharge of pollutants occurs , the entity discharging pollutants shall apply for a discharge permit from the ecological and environmental protection department (hereinafter referred to as the approval department) of the local people's government at the prefecture-level city or above where its production and operation site is located. For marine engineering entities applying for discharge permits, the relevant laws and administrative regulations shall apply.

Article 15

If a polluting entity has two or more production and operation sites that discharge pollutants, it shall apply to the approval department at the location of each production and operation site for a pollutant discharge permit .

Article 16

Before submitting their first or second application for a discharge permit, entities subject to key management of discharge permits shall publicly disclose their basic information and the permits they intend to apply for through the National Discharge Permit Management Information Platform, and submit explanatory materials. The disclosure period shall not be less than five working days .

Article 17

When filling out the application form for a discharge permit, the entity discharging pollutants shall commit to the completeness, authenticity, and legality of the application materials, promise to discharge pollutants in accordance with the provisions of the discharge permit, and implement the environmental management requirements stipulated in the discharge permit. The application form shall be signed or stamped by the legal representative or principal responsible person.

Article 18

Discharging entities shall submit the relevant materials in accordance with Articles 7 and 8 of the Regulations, and may provide supplementary explanations to the application materials, which shall be submitted together with the application to the approval department. Discharging entities applying for permitted discharge volumes shall also submit the calculation process for the discharge limits. If the total emission control quotas for key pollutants are obtained through emission rights trading, supporting documentation for the emission rights trading quotas shall also be submitted. Discharging entities that have already constructed pollutant discharge outlets shall submit a statement regarding the standardization of the discharge outlets.

Article 19

When applying for a discharge permit, entities discharging pollutants shall prepare a self-monitoring plan in accordance with the self-monitoring technical guidelines. The self-monitoring plan shall include the following:

(a) Monitoring locations and schematic diagrams, monitoring indicators, and monitoring frequency;

(ii) The monitoring and analysis methods used;

(III) Monitoring quality assurance and quality control requirements;

(iv) Requirements for recording, organizing, and archiving monitoring data;

(v) Requirements for the public disclosure of monitoring data and information.

Article 20

After receiving the application materials submitted by the polluting entity, the approval department shall process them in accordance with Articles 9 and 10 of the Regulations. The approval department may organize technical institutions to conduct technical assessments of the pollutant discharge permit application materials and shall bear the corresponding costs. Technical institutions shall adhere to the principles of science, objectivity, and impartiality in providing technical assessment opinions and shall be responsible for their opinions, and shall not charge the polluting entity any fees. Technical institutions conducting technical assessments shall comply with relevant national laws, regulations, standards, and norms, and shall protect the trade secrets of the polluting entity.

Article 21

If a polluting entity adopts a feasible pollution prevention and control technology, or if a newly built, renovated, or expanded construction project adopts the pollution prevention and control technology required by the environmental impact assessment report (form) approval document, the approval department may consider that the pollution prevention and control facilities or measures adopted by the polluting entity can meet the permitted emission concentration requirements. If the preceding paragraph does not apply, the polluting entity may provide monitoring data to prove that its adopted pollution prevention and control facilities can meet the permitted emission concentration requirements. Monitoring data must be obtained using monitoring equipment that complies with relevant national environmental monitoring, metrological certification regulations, and technical specifications; for pollution prevention and control technologies adopted for the first time domestically, engineering test data must be provided as proof.

Article 22

A discharge permit shall be issued to any entity that meets the following conditions:

(i) Obtain the approval document for the environmental impact report (form) of the construction project in accordance with the law, or have completed the filing procedures for the environmental impact registration form;

(ii) Pollutant discharges comply with the requirements of pollutant discharge standards, and the discharge of key pollutants complies with the technical specifications for the application and issuance of pollutant discharge permits, the approval documents of environmental impact reports (forms), and the total emission control requirements for key pollutants; where the production and operation sites of the polluting units are located in key areas or river basins that do not meet the national environmental quality standards, they shall also comply with the special requirements of the relevant local people's governments on improving the quality of the ecological environment;

(iii) The use of pollution prevention and control facilities can meet the permitted emission concentration requirements or comply with feasible pollution prevention and control technologies;

(iv) The monitoring points, indicators, and frequencies of the self-monitoring plan comply with national self-monitoring standards.

Article 23

The approving department shall make an approval decision within the statutory approval period and issue a discharge permit to those that meet the requirements; for those that do not meet the requirements, it shall issue a decision of non-permission, informing the discharge unit in writing of the reasons for non-permission and 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 time required shall not be included in the approval period, and the approving department shall inform the discharge unit in writing of the required time.

Article 24

When a polluting entity applies for an extension of its pollutant discharge permit in accordance with Article 14, Paragraph 2 of the Regulations, it shall submit an extension application form as required. If the approving department decides to extend the pollutant discharge permit, the validity period of the extended permit shall be calculated from the day following the expiration of the original permit. If the polluting entity fails to submit an extension application form sixty days in advance as required by Article 14, Paragraph 2 of the Regulations, and the approving department makes an extension decision after the expiration of the original permit, the validity period of the extended permit shall be calculated from the date of the extension decision; if the approving department makes an extension decision before the expiration of the original permit, the validity period of the extended permit shall be calculated from the day following the expiration of the original permit.

Article 25

For situations requiring a reapplication for a discharge permit as stipulated in Article 15 of the Regulations, the discharging entity shall reapply for a discharge permit before any change in its actual discharge behavior. The discharging entity shall submit a discharge permit application form, a commitment letter signed or sealed by its legal representative or principal responsible person, and other materials related to the reapplication, explaining the reasons for the reapplication. The validity period of the reapplication discharge permit shall be calculated from the date the approving department makes the reapplication approval decision.

Article 26

If any basic information recorded in the original discharge permit, such as the name, address, legal representative, or principal responsible person of the discharging entity, changes, the discharging entity shall submit an application form for change of discharge permit and other materials related to the change to the approval department within thirty days from the date of the change. The approval department shall make a change decision within ten working days from the date of acceptance, and reissue the original discharge permit as required. The relevant changes shall be recorded in the change and renewal record in the duplicate of the discharge permit. Changes to the information recorded in the discharge permit shall not affect the validity period of the discharge permit.

Article 27

If the applicable pollutant discharge standards or total emission control requirements for key pollutants change and a change to the discharge permit is required, the approval department shall, in accordance with the law, change the relevant items on the discharge permit before the standards take effect and after the total emission control indicators change.

Article 28

Except as provided in Articles 25, 26, and 27 of these Measures, if the content recorded in the discharge permit changes, the discharge entity may voluntarily submit an application to the approval department to adjust the content of the discharge permit, and the approval department shall promptly adjust the content recorded in the discharge permit.

Article 29

In any of the following circumstances, the approval department shall, in accordance with the law, process the cancellation of the pollutant discharge permit and announce it on the national pollutant discharge permit management information platform: (i) The pollutant discharge permit has expired and has not been renewed;

(ii) The entity that discharges pollutants has legally terminated its operations;

(iii) Those whose discharge permits have been revoked or suspended in accordance with the law;

(iv) Other circumstances that require cancellation.

Article 30

A pollutant discharge permit may be revoked in accordance with the law and announced on the national pollutant discharge permit management information platform under any of the following circumstances :

(i) Approving pollutant discharge permits beyond the scope of statutory authority;

(ii) Approving pollutant discharge permits in violation of legal procedures;

(iii) Staff members of the approval department abuse their power or neglect their duties in approving pollution discharge permits;

(iv) Approving discharge permits for entities that do not meet the application qualifications or statutory conditions;

(v) Other circumstances under which a pollutant discharge permit may be revoked according to law. If a pollutant discharge entity obtains a pollutant discharge permit by deception, bribery, or other improper means, it shall be revoked according to law.

Article 31

The higher-level ecological and environmental authorities may supervise, inspect, and guide the approval and implementation of pollutant discharge permits by lower-level ecological and environmental authorities with approval authority. If any violation of Article 32 of the Regulations is found, the higher-level ecological and environmental authorities shall order rectification.

Article 32

If a discharge permit is lost or damaged, the discharging entity may apply to the approval department for a replacement. Discharging entities that have already obtained an electronic discharge permit can print their own permits as needed.

Chapter Four Sewage Management

Article 33

Entities discharging pollutants shall, in accordance with the provisions of the Regulations, strictly implement their primary responsibility for environmental protection, establish and improve environmental management systems, and strictly control pollutant emissions in accordance with the provisions of their pollutant discharge permits. Entities registered for pollutant discharge shall operate and maintain pollution prevention and control facilities in accordance with national ecological and environmental protection laws, regulations, and rules, construct standardized discharge outlets, implement their primary responsibility for pollutant discharge, and control pollutant emissions.

Article 34

Polluting entities shall conduct self-monitoring in accordance with the provisions of their discharge permits and relevant standards and specifications, and retain original monitoring records. Original monitoring records shall be retained for no less than five years . Polluting entities are responsible for the authenticity and accuracy of their self-monitoring data and shall not tamper with or falsify it.

Article 35

Pollutant discharge entities subject to key management under the pollutant discharge permit system shall, in accordance with the law, install, use, and maintain automatic pollutant discharge monitoring equipment and connect it to the monitoring equipment of the ecological and environmental protection authorities. If a pollutant discharge entity discovers any abnormalities in the data transmitted by its automatic pollutant discharge monitoring equipment, it shall promptly report this to the ecological and environmental protection authorities and conduct inspection and repair.

Article 36

Polluting entities shall record environmental management ledgers in accordance with the format, content and frequency requirements stipulated in the pollutant discharge permit, which shall mainly include the following: (i) the operation status of major production facilities related to pollutant discharge; if any abnormality occurs, the cause and measures taken shall be recorded.

(ii) Information on the operation and management of pollution prevention and control facilities; if any abnormal situation occurs, the cause and the measures taken shall be recorded.

(iii) The actual concentration and amount of pollutants discharged; if there is an over-standard discharge, the cause of the over-standard discharge and the measures taken shall be recorded.

(iv) Other information that should be recorded in accordance with relevant technical specifications. Environmental management records shall be kept for no less than five years.

Article 37

Discharging entities shall, in accordance with the content, frequency, and time requirements stipulated in their discharge permits, fill out and submit discharge permit implementation reports on the national discharge permit management information platform. Discharge permit implementation reports include annual, quarterly, and monthly reports. Quarterly and monthly reports shall include the following:

(i) Based on the self-monitoring results, explain the actual emission concentration and amount of pollutants and analyze the compliance determination;

(ii) Explanation of the pollution discharge unit's excessive discharge or abnormal pollution prevention facilities.

An annual performance report can replace a quarterly or monthly performance report, and should include the following:

(a) Basic production information of the polluting unit;

(ii) Operation status of pollution prevention and control facilities;

(iii) Self-monitoring of implementation status;

(iv) Status of environmental management record keeping;

(v) Information disclosure status;

(vi) The establishment and operation of the internal environmental management system of the polluting entity;

(vii) Implementation of other provisions of the discharge permit. Key contents related to pollutant discharge, such as pollution source monitoring data, in the environmental protection facility acceptance report for completed construction projects shall be recorded by the discharging entity in the annual discharge permit implementation report for the year in which the environmental protection facility acceptance of the project is completed. The implementation status of the discharge permit shall serve as an important basis for post-environmental impact assessment. When a pollution accident occurs, the discharging entity shall report it promptly in accordance with the provisions of relevant laws, regulations, and rules.

Article 38

Entities discharging pollutants shall, in accordance with the provisions of their discharge permits, truthfully disclose their pollutant discharge information on the national discharge permit management information platform. This information shall include the types, concentrations, and quantities of pollutants discharged, as well as the construction and operation status of pollution prevention and control facilities, discharge permit implementation reports, and self-monitoring data. If water pollutants are discharged into municipal drainage networks, the information shall also include the location of the sewage connection to the municipal drainage network and the discharge method.

Article 39

Before any actual discharge occurs, the pollution discharge registration entity shall complete the pollution discharge registration form through the National Pollution Discharge Permit Management Information Platform. Upon submission, a registration number and receipt shall be generated immediately and retained by the entity. The pollution discharge registration entity shall be responsible for the authenticity, accuracy, and completeness of the information submitted. The pollution discharge registration form shall take effect from the date of obtaining the registration number, and its validity period shall be in accordance with relevant laws and regulations. If the pollution discharge registration information changes, the pollution discharge registration entity shall make a change registration within twenty days from the date of the change. If the pollution discharge registration entity ceases to discharge pollution due to closure or other reasons, it shall promptly cancel the pollution discharge registration form on the National Pollution Discharge Permit Management Information Platform. If the pollution discharge registration entity is required to apply for a pollution discharge permit due to changes in its production and pollution discharge situation, it shall promptly apply for and obtain a pollution discharge permit and cancel the pollution discharge registration form in accordance with relevant laws and regulations and the provisions of these Measures.

Chapter Five Supervision and Inspection

Article 40

The environmental protection authorities shall include pollutant discharge permits and pollutant discharge registration information in the law enforcement and supervision database, incorporate pollutant discharge permit enforcement inspections into the annual environmental protection law enforcement plan, and strengthen list-based enforcement inspections of the items recorded in the pollutant discharge permits. Violations of pollutant discharge permit management, such as discharging pollutants without a permit, discharging pollutants in violation of permit requirements, or failing to submit pollutant discharge registration forms as required, shall be handled in accordance with relevant laws, regulations, and the provisions of the Regulations.

Article 41

The environmental protection authorities shall regularly organize inspections of the implementation of pollutant discharge permit compliance reports, focusing on the timeliness of the reports submitted by the discharging entities, the completeness of the report content, the compliance of the discharge behavior, the accuracy of pollutant discharge data, and the implementation of various management requirements. Inspections of pollutant discharge permit compliance reports shall be conducted through the national pollutant discharge permit management information platform. The environmental protection authorities may require discharging entities to provide supplementary materials such as environmental management records and self-monitoring data, and may organize on-site verification when necessary.

Article 42

The environmental protection authorities should strengthen the quality management of pollutant discharge permits, establish a quality review mechanism, and conduct regular quality checks on pollutant discharge permits.

Article 43

Entities discharging pollutants should be aware of the importance of holding and discharging pollutants in accordance with their permits, promptly disclose pollution discharge information, and consciously accept public supervision. The public is encouraged to participate in supervising the pollution discharge behavior of entities and those registered for pollution discharge in accordance with the law. Any entity or individual has the right to report violations of these regulations to the ecological and environmental protection authorities. Upon receiving a report, the ecological and environmental protection authorities 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's identity confidential.

Chapter Six Supplementary Provisions

Article 44

The original and duplicate copies of the discharge permit, the sample of the commitment letter, and the application forms for applying for, renewing, and changing the discharge permit shall be formulated by the State Council's environmental protection department.

Article 45

If a polluting entity involves state secrets, its pollutant discharge permits, pollutant discharge registrations, and related supervision and management shall comply with the relevant national laws and regulations on confidentiality.

Article 46

This regulation shall come into effect on July 1, 2024. The "Administrative Measures for Discharge Permits (Trial)" (Ministry of Environmental Protection Order No. 48) issued by the former Ministry of Environmental Protection shall be repealed simultaneously.

Source: Ministry of Ecology and Environment

Forwarded from: Environmental Impact Assessment Cloud