Measures for Pollutant Emission Permitting Administration (For Trial Implementation) has taken into force on 10 Jan. 2018

Since the “Environmental Protection Law” has been revised and implemented in early 2015, the Chinese government has released several relevant supporting laws and regulations. For the pollutant emission permitting administration, the General Office of the State Council has released the “Notice of the General Office of the State Council on Issuing the Implementation Plan for the Permit System for Controlling Pollutants Emission” in Nov. 2016, and 1 month later, the MEP released the “Interim Provisions on the Administration of Pollutant Emission Permits” (“Interim Provisions”). In order to strengthen the administration on pollutant emission permitting, just 1 year after the “Interim Provisions” was implemented, MEP has drafted and released a higher-level regulation, the “Measures for Pollutant Emission Permitting Administration (For Trial Implementation)” (“Measures”).

Hereinafter, we will introduce some important provisions of this “Measures”.

1. To adjust the content of the Pollution Emission Permit.

The “Interim Provisions” stipulates that a Pollution Emission Permit shall consists of the basic information, registration items, permitting items, and administration requirements. However, the “Measures” has adjusted the content into the basic information, registration items, permitting items, and undertaking, in which it has highlighted the undertaking for the first time. This adjustment is aimed to further emphasize that each enterprise has the responsibility to manage the pollution emission issues.

2. To explain the method in calculating the pollutant concentrations, and quantity of pollutant discharged.

The “Measures” has further explain the principle in calculating the pollutant concentrations, and quantity of pollutant discharged as stipulated in the “Interim Provisions”. The “Measures” has explained the pollutant concentrations shall be calculated according to the permitted concentrations of pollutants, and further explained the basis and procedures in calculating the quantity of pollutant discharged.

3. To adjust the issuance authority.

The “Measures” has stipulated that the environmental protection authorities at the level of city divided into districts in the places of production and business of pollutant discharging entities shall be responsible for issuing pollutant discharge permits, no matter the pollutant discharging entities are under priority pollutant discharge permitting administration or those under summary pollutant discharge permitting administration, unless otherwise provided by local rules.

4. To further refine the 5 systems in managing pollutant discharge, which are, the undertaking, self-monitoring, ledger keeping, enforcement reporting and information disclosing.

5. To add a specialized chapter on the legal liabilities.

The “Measures” has defined the legal liabilities of the issuance administration authorities and the pollutant discharging entities. It stipulates 7 circumstances for the issuance administration authorities and 5 circumstances for the pollutant discharging entities.

6. To add the procedures and requirements on dealing with the application for the Pollutant Emission Permits by those entities which have problems in the past in the supplementary chapter.

It is worthy to be noted that both the “Interim Provisions” and the “Measures” are effective, in case of any inconsistency between the two regulations, the “Measures” shall prevail.