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China’s Pollutants Emission Management: Regulation and Compliance

Background Information

Pollutants emission management system, the core policy of management of solid source emission, is a commonly adopted regulatory mechanism articulated within the environmental laws of different countries and regions. This system targets the reduction of pollutant emission through the control of air pollutants and water pollutants.

In China, the permit system has been implemented since the 1980’s. Due to inconsistent enforcement and supervision requirements, the permit system was difficult for enterprises to follow and hence fell below the expectations of authorities. Therefore the State Council has developed the “Implementation Program”. Since then the permit system has become the core of environmental management of stationary pollution sources and the legal basis for enterprise compliance and enforcement by authorities in China.

In recent years, the central government has attached great importance to the reform of the pollutants emission permit management. It has repeatedly proposed to reform the fundamental policy of environmental protection, and to establish and improve the pollutant emission management system which covers all enterprises and institutions with stationary pollutant sources.

Implementation Status

China initially developed a system of laws and regulations to outline legal requirements in pollutants emission management. There are three major regulations supervising pollutants emission: “Implementation Program of Pollutants Emission Permit System(No.81, Nov 21st, 2016)控制污染物排放许可制实施方案, “Provisional Regulations on Pollutants Emission Permit” (NO.186, 2016) 排污许可证管理暂行规定, and “Classification Inventory of Stationary Pollutants Emission Sources” (2017) 固定污染源排污许可分类管理名录(2017年版). The Implementation Program requires all stationary pollution sources to obtain an emission permit by 2020. On June 2017, the emission permits of the national thermal power and paper industry were issued on time. Now all the information related to application, verification, and supervision of the emission permit is available on the online information system. Enterprises can apply for the emission permit online.

At present, the government has basically completed the verification and issue of pollutants emission permit for the first batch of more than 5,000 coal-fired power and paper-making factories. In August, MEP conducted an inspection on the implementation of pollutants emission permits in thermal power and paper industries. Next, environmental protection department will continue with steel, cement and petrochemical industries. So far the technical specifications of 13 industries relating to pollutants emission permits have been released. 

The Scope of Supervision

The supervision scope of pollutants emission permit includes:

1. Work units that discharge industrial waste gas, or poisonous and harmful air pollutants in the lists of national regulations. 

2. Coal-burning work units with central heating facilities.

3. Work units that discharge directly or indirectly: industrial wastewater and medical wastewater.

4. Work units with urban wastewater treatment facilities.

5. Industrialized livestock and poultry farms with sewage outlet.

6. Other units under the supervision of the system of emission permits.

The Content of Pollutants Emission Permit

The old version of pollutants emission permit is local administrative permission, recording basic information and the control index of the total amount of main pollutants emission. By contrast, the new version increases the standard to a higher level, which covers all legal responsibilities relating to pollutants emission including production and management information, emission permit and environmental management.

Pollutants emission permit consists of two copies: original copy and duplicate copy. Original copy includes basic information while duplicate copy includes basic information, permit matters, and management requirements. In the permit matters section, the following information should be stated: the location and quantity of pollutants emission outlets, how pollutants are discharged, and emission direction, the category of pollutants, maximum emission concentration, maximum emission amount, and special emission requirement on severely polluted days.  

In the duplicate copy of pollutants emission permit, the following requirements should be listed:

  1. Requirements on the operation and maintenance of pollution prevention and treatment facilities.

  2. Requirements on the permit holders’ self-monitoring, itemized record, and executive report.    

  3. Data publication of self-monitoring result and itemized record.

The duplicate copy should also provide information about main production equipment, main products and production capacity, main raw materials, key links in pollutants generation and emission, pollution prevention and treatment facilities, and paying for the use and trading of pollutants emission rights.

Issue Date and Validity

According to investigation results, the issuing authority will decide to grant or not to grant a permission within 20 days from the date of application. If the issuing authority fails to make a decision within 20 days, a 10-day-extension will be given under the permission of the responsible person at the issuing authority. In the meantime, the issuing authority must inform applicants the reason for the time extension.        

The first pollutant emission permit will be valid for three years. Renewed pollutants emission permit will be valid for five years.

If work units want to continue pollutants emission after the expiry date, they have to request for renewal of the permit from the same issuing authority 30 days before the expiry date. If work units fail to renew the permit, the permit will be expired. 

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