Regulation on the Administration of Permitting of Pollutant Discharges

Regulation on the Administration of Permitting of Pollutant Discharges Order of the State Council of the People's Republic of China (No. 736) The Regulation on the Administration of Permitting of Pollutant Discharges, as adopted at the 117th executive meeting of the State Council on December 9, 2020, is hereby issued, and shall come into force on March 1, 2021. Li Keqiang, Premier January 24, 2021 Regulation on the Administration of Permitting of Pollutant Discharges Chapter I General Provisions Article 1 For the purposes of strengthening the administration of permitting of pollutant discharges, regulating the discharge conduct of enterprises, public institutions, and other producers and operators, controlling the discharge of pollutants, and protecting and improving the ecology and environment, this Regulation is formulated in accordance with the Environmental Protection Law of the People's Republic of China and other relevant laws . Article 2 An enterprise, a public institution, or any other producer or operator (hereinafter referred to as the "pollutant discharger") which is subject to the administration of permitting of pollutant discharges under the law shall apply for a pollutant discharge permit under the provisions of this Regulation; and may not discharge a pollutant, if a pollutant discharge permit fails to be obtained. A pollutant discharger shall be subject to the administration of permitting of pollutant discharges by classification according to the factors including the volume of pollutants generated, the volume of discharge, and the impact on the environment: (1) The pollutant discharger shall be subject to the key administration of permitting of pollutant discharges, in case of a relatively considerable volume of pollutants generated, volume of discharge, or impact on the environment. (2) The pollutant discharger shall be subject to the summary administration of permitting of pollutant discharges, in case of a relatively marginal volume of pollutants generated, volume of discharge, and impact on the environment. The ecology and environment authority of the State Council shall formulate, and issue for implementation, with the approval of the State Council, the scope of pollutant dischargers that are subject to the administration of permitting of pollutant discharges, implementation steps, and a list of administrative classes. To formulate the scope of pollutant dischargers that are subject to the administration of permitting of pollutant discharges, implementation steps, and a list of administrative classes, comments shall be requested from relevant authorities, industry associations, enterprises, public institutions, and the public, among others. Article 3 The ecology and environment authority of the State Council shall be responsible for the unified supervision and administration of nationwide permitting of pollutant discharges. The ecology and environment authorities of local people's governments at or above the districted city level shall be responsible for the supervision and administration of permitting of pollutant discharges in their respective administrative areas. Article 4 The ecology and environment authority of the State Council shall strengthen the construction and management of the National Pollutant Discharge Permits Administration Information Platform, and improve the level of online permitting of pollutant discharges. Examinations and decisions related to pollutant discharge permits and the public disclosure of information, among others, shall be handled on the National Pollutant Discharge Permits Administration Information Platform. Article 5 Local people's governments at or above the districted city level shall include the funds required for the administration of permitting of pollutant discharges in the budget at the same level. Chapter II Application and Approval Article 6 A pollutant discharger shall apply for a pollutant discharge permit to the ecology and environment authority of the local people's government at or above the city level (hereinafter referred to as the "approval authority") in the place where its production and operation venue are located. If a pollutant discharger discharges pollutants from two or more production and operation venues, it shall apply for a pollutant discharge permit for each production and operation venue. Article 7 To apply for a pollutant discharge permit, a pollutant discharge permit application form may be submitted on the National Pollutant Discharge Permits Administration Information Platform, or by mail or any other means. The pollutant discharge permit application form shall include the following: (1) Information such as the name, domicile, legal representative or main person in charge, place of the production and operation venue, and unified social credit code of the pollutant discharger. (2) The approval document for the environmental impact report (form) for the construction project, or filing materials under the environmental impact registration form. (3) The types of pollutants discharged, the concentration of discharge, and the volume of discharge applied for according to pollutant discharge outfalls, main production facilities or workshops, and plant boundaries; and the applicable pollutant discharge standards and the quota for the control of the total volume of key pollutants discharged. (4) The locations and quantity of pollution prevention and control facilities and pollutant discharge outfalls and information on pollutant discharge methods, the destination of discharge, and the self-monitoring plan, among others. (5) Information on the main production facility, main products and capacity, main raw and auxiliary materials, and the step generating and discharging pollutants, among others, and an explanation of whether there is involved a trade secret or any other circumstance rendering public disclosure inappropriate. Article 8 Under any of the following circumstances, corresponding materials shall also be submitted for a pollutant discharge permit application: (1) In the case of the exercise of key administration of permitting of pollutant discharges, explanatory materials that the pollutant discharger has publicly disclosed its basic information and the permitting matters to be applied for on the National Pollutant Discharge Permits Administration Information Platform before submitting the application. (2) In the case of a centralized treatment facility for municipal and industrial sewage, explanatory materials on the scope of receiving pollutants, layout of the pipeline network, and final destination of discharge of the pollutant discharger. (3) In the case of a construction, conversion, or expansion project that discharges key pollutants, or a project implementing technological improvement, explanatory materials that the pollutant discharger obtains the quota for the control of the total volume of key pollutants discharged replacing the reduction in the volume of pollutants discharged. Article 9 An approval authority shall process a received pollutant discharge permit application according to the following circumstances: (1) If the law does not require a pollutant discharge permit to be applied for, the approval authority shall immediately give notification of the non-requirement. (2) If the application falls outside the purview of the approval authority, it shall immediately make a decision to decline to accept, and so notify as to enable the pollutant discharger to apply to the ecology and environment authority with approval power. (3) If the application materials contain an error which can be corrected on the spot, the pollutant discharger shall be allowed to make corrections on the spot. (4) If the application materials are incomplete or not in the statutory form, the approval authority shall issue a notification form on the spot or within three days, notifying the pollutant discharger of all necessary supplements and corrections at one time; or shall be deemed to accept on the date of receipt of the application materials, if no notification is given within the time limit. (5) If the application falls within the purview of the approval authority, and the application materials are complete and in the statutory form, or the pollutant discharger makes supplements and corrections to all the application materials as required, the approval authority shall accept. The approval authority shall publicly disclose its decision to accept, or decline to accept, the pollutant discharge permit application on the National Pollutant Discharge Permits Administration Information Platform, and issue to the pollutant discharger a written document bearing the special seal of the approval authority and dated. Article 10 An approval authority shall examine the application materials submitted by a pollutant discharger, and may conduct an on-site inspection of the production and operation venue of the pollutant discharger. The approval authority may arrange for a technical institution to conduct a technical assessment of the pollutant discharge permit application materials, and bear the corresponding expenses. The technical institution shall be responsible for the technical assessment opinion it gives, and shall not charge the pollutant discharger any fee. Article 11 A pollutant discharge permit shall be issued to a pollutant discharger which meets the following conditions: (1) Obtaining an approval document for the environmental impact report (form) of the construction project in accordance with the law, or having initiated filing procedures for the environmental impact registration form. (2) The discharge of pollutants shall comply with the requirements of the pollutant discharge standards, and the discharge of key pollutants shall comply with the requirements of the technical standards for applying for and issuing pollutant discharge permits, the approval document for the environmental impact report (form), and the requirement for the control of the total volume of key pollutants discharged; and if the production and operation venue of the pollutant discharger is located in a key area or river basin which fails to meet the national environmental quality standards, the pollutant discharger shall also comply with the special requirements of the relevant local people's government for improving ecological and environmental quality. (3) The use of a pollution prevention and control facility may result in the compliance with the requirements for permitted concentration of discharge or conformity with the feasible technology for pollution prevention and control. (4) The monitoring loci, indicators, and frequency, among others, of the self-monitoring plan comply with the national self-monitoring standards. Article 12 For a pollutant discharger that is subject to the summary administration of permitting of pollutant discharges, the approval authority shall make an approval decision within 20 days from the date of acceptance of its application, and issue a pollutant discharge permit, if the conditions are met, or deny permission, with the reasons explained in writing, if the conditions are not met. For a pollutant discharger that is subject to key administration of permitting of pollutant discharges, the approval authority shall make an approval decision within 30 days from the date of acceptance of its application, or within 45 days from the date of acceptance of its application, if an on-site inspection is requi......