Administrative Measures for Pollutant Discharge Permits
Administrative Measures for Pollutant Discharge Permits
Administrative Measures for Pollutant Discharge Permits
Order of the Ministry of Ecology and Environment No.32
April 1, 2024
The Administrative Measures for Pollutant Discharge Permits adopted upon deliberation at the Fourth Executive Meeting of the Ministry of Ecology and Environment in 2023 on December 25, 2023 are hereby issued and shall come into force as of July 1, 2024.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Administrative Measures for Pollutant Discharge Permits
Contents
Chapter I General Provisions
Chapter II Contents of the Pollutant Discharge Permit and the Pollutant Discharge Registration Form
Chapter III Application and Approval
Chapter IV Pollutant Discharge Administration
Chapter V Supervision and Inspection
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Marine Environment Protection Law of the People's Republic of China, special laws on the prevention and control of atmospheric pollution, water pollution, solid waste pollution, soil pollution and noise pollution, and the Regulations on the Administration of Pollutant Discharge Permits (the "Regulations") in order to regulate the administration of pollutant discharge permits.
Article 2 The Measures apply to the application, approval and execution of pollutant discharge permits, the supervision and administration relating to pollutant discharge permits and other actions.
Article 3 Enterprises, public institutions, and other producers and business operators subject to the administration of pollutant discharge permits in accordance with legal provisions (the "pollutant-discharging entities") shall apply for and obtain a pollutant discharge permit in accordance with the law, and discharge pollutants in accordance with the pollutant discharge permit; those who have not obtained a pollutant discharge permit shall not discharge pollutants.
Enterprises, public institutions, and other producers and business operators that shall fill out the pollutant discharge registration form according to the law (the "pollutant discharge registration entities") shall register pollutant discharge on the national pollutant discharge permit management information platform.
Article 4 Enterprises, public institutions, and other producers and business operators shall be subject to key pollutant discharge permit administration, simplified pollutant discharge permit administration and pollutant discharge registration administration based on factors such as the pollutant generation, amount of pollutants discharged and the impact on the environment.
The specific scope of pollutant-discharging entities subject to the key management and simplified pollutant discharge permit administration shall be subject to the provisions of the catalog of classified management of pollutant discharge permits for stationary pollution sources. The specific scope of pollutant discharge registration entities subject to the pollutant discharge registration administration shall be formulated and promulgated by the competent authority of ecology and environment under the State Council.
Article 5 The competent authority of ecology and environment under the State Council shall be responsible for the unified supervision and administration of pollutant discharge permits throughout the country.
The competent authority of ecology and environment at the provincial level and the competent authority of ecology and environment at the level of city divided into districts shall be responsible for the supervision and administration of pollutant discharge permits in their respective administrative areas.
Article 6 The competent authority of ecology and environment shall implement an integrated permit administration for the emissions of pollutants such as atmospheric pollutants, water pollutants, industrial solid wastes and industrial noise by pollutant-discharging entities.
Article 7 The competent authority of ecology and environment under the State Council shall conduct unified coding management for pollutant-discharging entities and their production facilities, pollution prevention and control facilities and emission outlets.
Article 8 The competent authority of ecology and environment under the State Council shall construct, operate, maintain and manage a national pollutant discharge permit management information platform.
The application for, and acceptance, review, approval decision, change, extension, cancelation, revocation and information disclosure of a pollutant discharge permit shall be conducted on the national pollutant discharge permit management information platform. A pollutant discharging entity that applies for a pollutant discharge permit may also submit a written application by letter or other means.
The relevant electronic information of pollutant discharge permits recorded on the national pollutant discharge permit management information platform and the information recorded in originals and counterparts of pollutant discharge permits shall have the same legal force according to the law.
Article 9 The actual emission amounts of pollutants reported in pollutant discharge permit execution reports may be used as the basis for carrying out the annual ecological environment statistics, assessing the total emission amount of main pollutants and compiling the discharge inventory of pollution sources.
A pollutant discharge permit shall be used as the confirmation certificate of emission right and the management carrier of emission right trading.
Chapter II Contents of the Pollutant Discharge Permit and the Pollutant Discharge Registration Form
Article 10 A pollutant discharge permit is composed of the original and counterpart.
The competent authority of ecology and environment of a local people's government at the level of city divided into districts or above may increase the contents to be specified in a pollutant discharge permit as per local regulations.
Article 11 The original of a pollutant discharge permit shall record the basic information set forth in Items 1 and 2 of Article 13 of the Regulations, while the counterpart of a pollutant discharge permit shall record all the information set forth in Article 13 of the Regulations.
The requirements for pollutant-discharging entities for controlling the discharge of pollutants such as atmospheric pollutants, water pollutants, industrial solid wastes, and industrial noise as stipulated by laws and regulations, the requirements for prohibiting or limiting the discharge of pollutants during special periods such as heavy-pollution weather, and the requirements for entities under key soil pollution regulation for controlling the discharge of toxic and harmful substances, and investigating and self-monitoring potential soil pollution hazards shall be recorded in the counterpart of a pollutant discharge permit.
Article 12 Where a pollutant-discharging entity makes a commitment to implement the stricter emission limit, such commitment shall be recorded in the counterpart of its pollutant discharge permit.
Article 13 The pollutant discharge registration form shall record the following information:
(1) basic information of the pollutant discharge registration entity, such as the name, unified social credit code, location of production and business operation premises, industry category, legal representative or actual person in charge; and
(2) pollutant discharge direction, pollutant discharge standards implemented and pollution prevention and control measures taken.
Chapter III Application and Approval
Article 14 A pollutant-discharging entity shall, before the actual pollutant discharge occurs, apply for a pollutant discharge permit to the competent authority of ecology and environment of the local people's government at or above the level of city divided into districts where its production and business operation premises are located (the "approval authority").
Where a marine engineering pollutant-discharging entity applies for a pollutant discharge permit, the relevant laws and administrative regulations shall apply.
Article 15 Where two or more production and business operation premises of a pollutant-discharging entity discharge pollutants, it shall apply for a pollutant discharge permit respectively to the approval authorities at the places where the production and business operation premises are located.
Article 16 A pollutant-discharging entity subject to the key pollutant discharge permit administration shall, before submitting materials for the first application or re-application for a pollutant discharge permit, disclose to the public the basic information and matters for which the permit is applied for through the national pollutant discharge permit management information platform, and submit explanatory materials.
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Order of the Ministry of Ecology and Environment No.32
April 1, 2024
The Administrative Measures for Pollutant Discharge Permits adopted upon deliberation at the Fourth Executive Meeting of the Ministry of Ecology and Environment in 2023 on December 25, 2023 are hereby issued and shall come into force as of July 1, 2024.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Administrative Measures for Pollutant Discharge Permits
Contents
Chapter I General Provisions
Chapter II Contents of the Pollutant Discharge Permit and the Pollutant Discharge Registration Form
Chapter III Application and Approval
Chapter IV Pollutant Discharge Administration
Chapter V Supervision and Inspection
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Marine Environment Protection Law of the People's Republic of China, special laws on the prevention and control of atmospheric pollution, water pollution, solid waste pollution, soil pollution and noise pollution, and the Regulations on the Administration of Pollutant Discharge Permits (the "Regulations") in order to regulate the administration of pollutant discharge permits.
Article 2 The Measures apply to the application, approval and execution of pollutant discharge permits, the supervision and administration relating to pollutant discharge permits and other actions.
Article 3 Enterprises, public institutions, and other producers and business operators subject to the administration of pollutant discharge permits in accordance with legal provisions (the "pollutant-discharging entities") shall apply for and obtain a pollutant discharge permit in accordance with the law, and discharge pollutants in accordance with the pollutant discharge permit; those who have not obtained a pollutant discharge permit shall not discharge pollutants.
Enterprises, public institutions, and other producers and business operators that shall fill out the pollutant discharge registration form according to the law (the "pollutant discharge registration entities") shall register pollutant discharge on the national pollutant discharge permit management information platform.
Article 4 Enterprises, public institutions, and other producers and business operators shall be subject to key pollutant discharge permit administration, simplified pollutant discharge permit administration and pollutant discharge registration administration based on factors such as the pollutant generation, amount of pollutants discharged and the impact on the environment.
The specific scope of pollutant-discharging entities subject to the key management and simplified pollutant discharge permit administration shall be subject to the provisions of the catalog of classified management of pollutant discharge permits for stationary pollution sources. The specific scope of pollutant discharge registration entities subject to the pollutant discharge registration administration shall be formulated and promulgated by the competent authority of ecology and environment under the State Council.
Article 5 The competent authority of ecology and environment under the State Council shall be responsible for the unified supervision and administration of pollutant discharge permits throughout the country.
The competent authority of ecology and environment at the provincial level and the competent authority of ecology and environment at the level of city divided into districts shall be responsible for the supervision and administration of pollutant discharge permits in their respective administrative areas.
Article 6 The competent authority of ecology and environment shall implement an integrated permit administration for the emissions of pollutants such as atmospheric pollutants, water pollutants, industrial solid wastes and industrial noise by pollutant-discharging entities.
Article 7 The competent authority of ecology and environment under the State Council shall conduct unified coding management for pollutant-discharging entities and their production facilities, pollution prevention and control facilities and emission outlets.
Article 8 The competent authority of ecology and environment under the State Council shall construct, operate, maintain and manage a national pollutant discharge permit management information platform.
The application for, and acceptance, review, approval decision, change, extension, cancelation, revocation and information disclosure of a pollutant discharge permit shall be conducted on the national pollutant discharge permit management information platform. A pollutant discharging entity that applies for a pollutant discharge permit may also submit a written application by letter or other means.
The relevant electronic information of pollutant discharge permits recorded on the national pollutant discharge permit management information platform and the information recorded in originals and counterparts of pollutant discharge permits shall have the same legal force according to the law.
Article 9 The actual emission amounts of pollutants reported in pollutant discharge permit execution reports may be used as the basis for carrying out the annual ecological environment statistics, assessing the total emission amount of main pollutants and compiling the discharge inventory of pollution sources.
A pollutant discharge permit shall be used as the confirmation certificate of emission right and the management carrier of emission right trading.
Chapter II Contents of the Pollutant Discharge Permit and the Pollutant Discharge Registration Form
Article 10 A pollutant discharge permit is composed of the original and counterpart.
The competent authority of ecology and environment of a local people's government at the level of city divided into districts or above may increase the contents to be specified in a pollutant discharge permit as per local regulations.
Article 11 The original of a pollutant discharge permit shall record the basic information set forth in Items 1 and 2 of Article 13 of the Regulations, while the counterpart of a pollutant discharge permit shall record all the information set forth in Article 13 of the Regulations.
The requirements for pollutant-discharging entities for controlling the discharge of pollutants such as atmospheric pollutants, water pollutants, industrial solid wastes, and industrial noise as stipulated by laws and regulations, the requirements for prohibiting or limiting the discharge of pollutants during special periods such as heavy-pollution weather, and the requirements for entities under key soil pollution regulation for controlling the discharge of toxic and harmful substances, and investigating and self-monitoring potential soil pollution hazards shall be recorded in the counterpart of a pollutant discharge permit.
Article 12 Where a pollutant-discharging entity makes a commitment to implement the stricter emission limit, such commitment shall be recorded in the counterpart of its pollutant discharge permit.
Article 13 The pollutant discharge registration form shall record the following information:
(1) basic information of the pollutant discharge registration entity, such as the name, unified social credit code, location of production and business operation premises, industry category, legal representative or actual person in charge; and
(2) pollutant discharge direction, pollutant discharge standards implemented and pollution prevention and control measures taken.
Chapter III Application and Approval
Article 14 A pollutant-discharging entity shall, before the actual pollutant discharge occurs, apply for a pollutant discharge permit to the competent authority of ecology and environment of the local people's government at or above the level of city divided into districts where its production and business operation premises are located (the "approval authority").
Where a marine engineering pollutant-discharging entity applies for a pollutant discharge permit, the relevant laws and administrative regulations shall apply.
Article 15 Where two or more production and business operation premises of a pollutant-discharging entity discharge pollutants, it shall apply for a pollutant discharge permit respectively to the approval authorities at the places where the production and business operation premises are located.
Article 16 A pollutant-discharging entity subject to the key pollutant discharge permit administration shall, before submitting materials for the first application or re-application for a pollutant discharge permit, disclose to the public the basic information and matters for which the permit is applied for through the national pollutant discharge permit management information platform, and submit explanatory materials.
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