Administrative Measures for Pollutant Discharge Licensing
Administrative Measures for Pollutant Discharge Licensing
Administrative Measures for Pollutant Discharge Licensing
Order of the Ministry of Ecology and Environment No.32
April 1, 2024
The Administrative Measures for Pollutant Discharge Licensing 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 Licensing
Table of Contents
Chapter I General Provisions
Chapter II Contents of the Pollutant Discharge License and the Pollutant Discharge Registration Form
Chapter III Application and Approval
Chapter IV Pollutant Discharge Management
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 licensing.
Article 2 The Measures apply to the application, approval and execution of pollutant discharge licenses, the supervision and administration relating to pollutant discharge licensing and other actions.
Article 3 Enterprises, public institutions and other producers and operators subject to the administration of pollutant discharge licensing in accordance with legal provisions (the "pollutant-discharging entities") shall apply for and obtain a pollutant discharge license in accordance with the law, and discharge pollutants in accordance with the pollutant discharge license; those who have not obtained a pollutant discharge license shall not discharge pollutants.
Enterprises, public institutions and other producers and 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 license management information platform.
Article 4 Enterprises, public institutions and other producers and operators shall be subject to key management for pollutant discharge licensing, simplified management for pollutant discharge licensing and management for pollutant discharge registration based on factors such as the pollutant output, the emission amount and the impact on the environment.
The specific scope of pollutant-discharging entities subject to the key management and simplified management for pollutant discharge licensing shall be subject to the provisions of the catalog of classified management of pollutant discharge licenses for stationary pollution sources. The specific scope of pollutant discharge registration entities subject to the management for pollutant discharge registration 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 licensing 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 licensing in their respective administrative areas.
Article 6 The competent authority of ecology and environment shall conduct comprehensive licensing management 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 license management information platform.
The application for, and acceptance, review, approval decision, change, extension, cancelation, revocation and information disclosure of a pollutant discharge license shall be conducted on the national pollutant discharge license management information platform. A pollutant discharging entity that applies for a pollutant discharge license may also submit a written application by letter or other means.
The relevant electronic information of pollutant discharge licenses recorded on the national pollutant discharge license management information platform and the information recorded in originals and counterparts of pollutant discharge licenses shall have the same legal force according to the law.
Article 9 The actual emission amounts of pollutants reported in pollutant discharge license 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 license 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 License and the Pollutant Discharge Registration Form
Article 10 A pollutant discharge license 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 license as per local regulations.
Article 11 The original of a pollutant discharge license 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 license 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 license.
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 license.
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 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 license 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 premises are located (the "approval authority").
Where a marine engineering pollutant-discharging entity applies for a pollutant discharge license, the relevant laws and administrative regulations shall apply.
Article 15 Where two or more production and business premises of a pollutant-discharging entity discharge pollutants, it shall apply for a pollutant discharge license respectively to the approval authorities at the places where the production and business premises are located.
Article 16 A pollutant-discharging entity subject to the key management for pollutant discharge licensing shall, before submitting materials for the first application or re-application for a pollutant discharge license, disclose to the public the basic information and matters for which the license is applied for through the national pollutant discharge license 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 Licensing 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 Licensing
Table of Contents
Chapter I General Provisions
Chapter II Contents of the Pollutant Discharge License and the Pollutant Discharge Registration Form
Chapter III Application and Approval
Chapter IV Pollutant Discharge Management
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 licensing.
Article 2 The Measures apply to the application, approval and execution of pollutant discharge licenses, the supervision and administration relating to pollutant discharge licensing and other actions.
Article 3 Enterprises, public institutions and other producers and operators subject to the administration of pollutant discharge licensing in accordance with legal provisions (the "pollutant-discharging entities") shall apply for and obtain a pollutant discharge license in accordance with the law, and discharge pollutants in accordance with the pollutant discharge license; those who have not obtained a pollutant discharge license shall not discharge pollutants.
Enterprises, public institutions and other producers and 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 license management information platform.
Article 4 Enterprises, public institutions and other producers and operators shall be subject to key management for pollutant discharge licensing, simplified management for pollutant discharge licensing and management for pollutant discharge registration based on factors such as the pollutant output, the emission amount and the impact on the environment.
The specific scope of pollutant-discharging entities subject to the key management and simplified management for pollutant discharge licensing shall be subject to the provisions of the catalog of classified management of pollutant discharge licenses for stationary pollution sources. The specific scope of pollutant discharge registration entities subject to the management for pollutant discharge registration 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 licensing 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 licensing in their respective administrative areas.
Article 6 The competent authority of ecology and environment shall conduct comprehensive licensing management 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 license management information platform.
The application for, and acceptance, review, approval decision, change, extension, cancelation, revocation and information disclosure of a pollutant discharge license shall be conducted on the national pollutant discharge license management information platform. A pollutant discharging entity that applies for a pollutant discharge license may also submit a written application by letter or other means.
The relevant electronic information of pollutant discharge licenses recorded on the national pollutant discharge license management information platform and the information recorded in originals and counterparts of pollutant discharge licenses shall have the same legal force according to the law.
Article 9 The actual emission amounts of pollutants reported in pollutant discharge license 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 license 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 License and the Pollutant Discharge Registration Form
Article 10 A pollutant discharge license 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 license as per local regulations.
Article 11 The original of a pollutant discharge license 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 license 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 license.
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 license.
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 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 license 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 premises are located (the "approval authority").
Where a marine engineering pollutant-discharging entity applies for a pollutant discharge license, the relevant laws and administrative regulations shall apply.
Article 15 Where two or more production and business premises of a pollutant-discharging entity discharge pollutants, it shall apply for a pollutant discharge license respectively to the approval authorities at the places where the production and business premises are located.
Article 16 A pollutant-discharging entity subject to the key management for pollutant discharge licensing shall, before submitting materials for the first application or re-application for a pollutant discharge license, disclose to the public the basic information and matters for which the license is applied for through the national pollutant discharge license management information platform, and submit explanatory materials.
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