The person in charge of the [Qinghui Institute] answered reporters' questions on the "Measures for the Administration of Pollutant Discharge Permits".

Summary: The Ministry of Ecology and Environment recently revised and issued the "Measures for the Administration of Pollutant Discharge Permits" (hereinafter referred to as the "Management Measures"). In order to gain an in-depth understanding of the background, overall idea and main content of the revision of the "Management Measures", the reporter interviewed the relevant persons in charge of the Environmental Assessment Department and the Department of Laws and Regulations of the Ministry of Ecology and Environment to interpret the "Management Measures" in detail.

What is the background and significance of the revision?

The Party Central Committee and the State Council attach great importance to the management of pollutant discharge permits, and in order to implement the decisions and arrangements of the Party Central Committee and the State Council, and further promote the reform of the basic system of environmental governance, starting from the "13th Five-Year Plan", in accordance with the requirements of the "Implementation Plan for the Control of Pollutant Discharge Permit System" issued by the General Office of the State Council, vigorously promote the reform of the pollutant discharge permit system, and issued the "Measures for the Administration of Pollutant Discharge Permits (Trial)" in January 2018, which stipulates the procedures for the issuance of pollutant discharge permits and clarifies the content of pollutant discharge permits. Emphasize the implementation of the responsibility of pollutant dischargers according to the certificate, require strict supervision and law enforcement according to the certificate, emphasize the increase in information disclosure, and put forward a technical support system for pollutant discharge permits.

With the deepening of the reform of the pollutant discharge permit system, new changes have taken place in policy requirements and legal requirements. From a policy point of view, the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China proposed to "build a fixed pollution source supervision system with the pollutant discharge permit system as the core", and the 20th National Congress of the Communist Party of China and the Fifth Plenary Session of the 19th Central Committee proposed to "fully implement the pollutant discharge permit system", highlighting the core position of the pollutant discharge permit system in the environmental supervision of fixed pollution sources. At the end of 2019, the "Catalogue of Classified Management of Pollutant Discharge Permits for Fixed Pollution Sources" (2019 Edition) (hereinafter referred to as the "Directory") was promulgated, and the full coverage of pollutant discharge permits for fixed pollution sources began to be implemented, and the registration management categories were added. The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, the Law of the People's Republic of China on the Prevention and Control of Soil Pollution, the Law of the People's Republic of China on the Prevention and Control of Noise Pollution, and the Law of the People's Republic of China on the Protection of the Marine Environment have been formulated, revised and promulgated, all of which clearly put forward the relevant contents of the management of pollutant discharge permits. In particular, on March 1, 2021, the Regulations on the Administration of Pollutant Discharge Permits (hereinafter referred to as the "Regulations") were promulgated and implemented, which further clarified the procedural requirements and regulatory requirements for the application, issuance and registration of pollutant discharge permits, strengthened the main responsibilities of enterprises, and stipulated relevant legal liabilities.

Because the 2018 version of the "Management Measures" was issued before, there are inconsistencies with some of the contents of the "Regulations" in terms of management objects, management procedures, management content, implementation supervision and legal liability, and there is a lack of relevant provisions such as pollutant discharge registration stipulated in the "Regulations", which can no longer meet the current environmental management needs of pollutant discharge permits.

What are the revision principles?

The "Management Measures" are the deepening, refinement and implementation of the "Regulations", standardize the application and approval procedures for pollutant discharge permits, fully implement the "one-certificate" management of pollutant discharge permits, strengthen the main responsibility of pollutant discharge units, and promote the implementation of the pollutant discharge permit system. In the process of revising the Administrative Measures, we adhere to the following revision principles:

The first is to standardize management in accordance with laws and regulations. Implement the requirements of laws and regulations, clearly implement comprehensive permits for water, air, solid waste, and noise, and lawfully include the management and control requirements of key soil pollution supervision units in permit management. Implement the requirements of the "Regulations", include pollutant discharge registration units in the scope of management, and standardize the application and approval procedures for pollutant discharge permits.

The second is to highlight the core and promote cohesion. Connect and integrate relevant environmental management systems such as environmental impact assessment, total volume, ecological environment statistics, pollution source monitoring, pollutant discharge right management, and soil pollution hazard investigation. Promote the unified accounting of emissions, put forward the implementation of self-monitoring requirements, and promote the application of actual pollutant emission data in the implementation report.

The third is the management of "one certificate" and the responsibility of compaction. Implement the "one-certificate" supervision and management, stipulate the management content of pollutant discharge permits during and after the event, and improve the efficiency of supervision. Highlight the pollutant discharger's discharge according to the permit, as well as the responsibility of the ecological environment department to issue and supervise according to the permit, clarify the channels for public participation, and consolidate the responsibilities of all parties.

What are the key points of revision?

After the revision of the "Administrative Measures", the original six chapters and 68 articles were revised to six chapters and 46 articles. Compared with the 2018 version of the "Management Measures", this revision deletes the provisions that are inconsistent with the current management ideas and the content that has been clearly stipulated in the "Regulations", updates and optimizes the relevant provisions from the perspective of connecting the "Regulations" and improving the efficiency of environmental management, and supplements the provisions on pollutant discharge registration management, system convergence, quality verification, re-application, implementation report inspection, information disclosure, etc. It mainly includes the following three key points of amendment:

The first is to include pollutant discharge registration units in the scope of management. In accordance with the requirements of the "Regulations", the pollutant discharge registration units are included in the management scope, and the content, process and main responsibility requirements of the pollutant discharge registration are added, which is of guiding significance for strengthening the management of the pollutant discharge registration units.

The second is to standardize the management process. In accordance with the requirements of the "Regulations", the relevant explanations of the application materials for pollutant discharge permits that have been fully demonstrated and useful in the examination and approval process of some examination and approval departments shall be refined. Refine the approval process and approval time limit requirements, put forward technical assessment requirements, add re-application approval process and submission of materials requirements, and refine the relevant procedures and time limit requirements for continuation and change of each situation.

The third is to refine the content of evidence-based supervision. In accordance with the requirements of the "Regulations", strengthen the daily management content of licensed pollutant dischargers and pollutant discharge registration units, strengthen the supervision of pollutant discharge permits during and after the event, increase the specific requirements and regulations for the supervision and law enforcement of the implementation report, strengthen the quality verification requirements of pollutant discharge permits, and promote the implementation of "one-certificate" management.

What is the relationship between the Administrative Measures and the Regulations?

The "Management Measures" are the refinement and implementation of the "Regulations". It is consistent with the "Regulations" in terms of structure and ideas, and further substantialized and refined in content. On the one hand, the "Management Measures" fully implement the requirements of application, acceptance, approval, pollutant discharge management, legal liability and other requirements stipulated in the "Regulations"; on the other hand, the "Management Measures" highlight the problem orientation, combined with the practical experience and problems encountered in the reform of the pollutant discharge permit system, undertake the effective reform measures in the past, and improve the relevant provisions of the whole process of application, approval, implementation and supervision of pollutant discharge permits, as well as the content of pollutant discharge registration, so as to improve operability.

The "Administrative Measures" are a further deepening of the "Regulations". In order to better serve enterprises and serve the grassroots, the "Management Measures" put forward the relevant requirements for further optimizing the process and simplifying the materials, and proposed that the application materials for pollutant discharge permits are no longer mandatory to submit paper materials. It is no longer mandatory to reissue copies, paper replacements are no longer mandatory for lost replacements, written implementation reports are no longer required, and those who have already applied for electronic pollutant discharge permits are encouraged to print their own pollutant discharge permits.

What are the considerations in promoting the implementation of the Administrative Measures?

The revised Administrative Measures will come into force on July 1, 2024, and the Administrative Measures for Pollutant Discharge Permits (for Trial Implementation) will be repealed at the same time. In the next step, our department will do a good job in the following three aspects:

The first is to do a good job of publicity and interpretation. Intensify publicity, organize training in a timely manner, do a good job in policy interpretation, deepen the understanding of enterprises and grassroots on pollutant discharge permit policies, respond to public concerns in a timely manner, and publicize typical cases of pollutant discharge permit reform.

The second is to strengthen guidance and assistance. Strengthen departmental coordination and ministry-provincial linkage, optimize the mechanism of pollutant discharge permit guarantee, give play to the role of sub-districts in helping and guiding, continue to guide and standardize the management of pollutant discharge permits, and prevent deformation and distortion in implementation.

The third is to strengthen tracking and supervision. Our ministry strengthens the management of pollutant discharge permits, compacts the main responsibility of enterprises to discharge pollutants according to permits, issues permits at the grassroots level according to regulations, and supervises according to certificates, promotes the full implementation of the "one-certificate" management of pollutant discharge permits, and promotes the implementation of the pollutant discharge permit system.

Source | Ministry of Ecology and Environment

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