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On Nov 21st, 2016, China’s State Council published the Implementation Program of Pollutants Emission Permit System (控制污染物排放许可制实施方案）. The program is another step in China’s multipronged plan to optimize pollutant control systems. The publication follows the publication of The Environmental Protection Law, the revision of Environmental Impact Assessment Law and the preparation of Environmental Protection Tax.
Pollutants emission permits aren’t a new thing in China. The permit/license system has been implemented since the 1980’s and about 240 thousand enterprises have received permits for pollutants emission. However, the permit system hasn’t functioned as the authorities desired. Vague enforcement and supervision requirements have made it difficult for enterprises to follow and also left areas open to interpretation. Other requirements have been impractical for local environmental protection authorities to enforce.
To make the permit system powerful, enforceable and compulsory, the State Council has developed the “Implementation Program” which will make the permit system the core of environmental management of fixed pollution sources and the legal basis for enterprise compliance and enforcement by authorities. (See also: China Environmental Assessment to Be Given Sideline Role in Future Regulatory System)
Compared with the Environmental Protection Law and Environmental Impact Assessment, the requirements of the Implementation Program are more specific and strict. For example, the Environmental Protection Law requires only enterprises emitting waste gases and waste water to obtain an emission permit and doesn’t include solid wastes and noise pollution. In contrast the Implementation Program requires all stationary pollution sources to obtain the emission permit by 2020. Thermal power plants and paper making industry will be priority target industries.
According to the Program, every polluting enterprise will have to obtain the emission permit, which specifies the allowed types, concentrations, total emission amount etc. of pollutants. Enterprises should provide emission reports to the authorities and the public on a regular basis and will be legally responsible for the factual correctness of the reports. Harsh penalties will be imposed on violators, including daily financial penalties, production restriction, production cessation, plant shut down, criminal liability, etc. These requirements will effectively fill in the loopholes left open by the less comprehensive requirements of the environmental impact assessment, which is only carried out on a one-off basis during initial construction and production.
The emission permits will be issued by local environmental protection authorities above county level. The first permit expires after 3 years and the renewed permit will be valid for 5 years.
