The Regulations on the Administration of Pollutant Discharge Permits have been reviewed and approved in principle at a special ministerial meeting and are now open for public comment.

On October 25, 2018, Vice Minister Huang Runqiu chaired a special meeting of the Minister of Ecology and Environment, at which the Regulations on the Administration of Pollutant Discharge Permits were reviewed and approved in principle. ( Draft Draft for Soliciting Opinions) 》 (hereinafter referred to as “ Regulations ” ). Ministry of Ecology and Environment Relevant leaders from 17 departments (bureaus) and directly affiliated units attended the meeting. Director Wu Shunze, Deputy Director Pei Xiaofei, and members of the Regulations Technical Group at the Policy Research Center also participated.

The Department of Environmental Impact Assessment and Emission Management presented the background, guiding principles and approach, key contents, critical issues, and the status of public consultation regarding the drafting of the Regulation. Participants offered suggestions for revision and refinement on matters such as the scope of application, institutional coordination, issuance criteria, platform development, enforcement feasibility, and daily fines.

Vice Minister Huang Runqiu pointed out that the Regulations serve as a crucial vehicle for implementing the discharge‑permit system as the core mechanism for managing stationary pollution sources, and they constitute an essential basis for corporate compliance, regulatory enforcement, and public oversight. The formulation of the Regulations is of paramount importance; after extensive refinement in the preliminary stages and with relatively broad consensus among relevant parties, the meeting approved the Regulations in principle. Following the incorporation of feedback from the meeting, public consultation will be promptly launched, and the Regulations will be promulgated in accordance with established procedures. Vice Minister Huang Runqiu further instructed that, going forward, complementary measures should be developed to refine the enforcement provisions of the Regulations, a concrete plan for aligning discharge permits with environmental impact assessments should be drawn up and implemented, and a work plan for rectifying and addressing cases of construction undertaken without prior approval should be studied and proposed.

The Policy Research Center, as the technical support unit for drafting the Regulations, conducted extensive research in the preliminary phase, carried out field investigations in numerous locations both domestically and internationally, and organized and convened… Six seminars were held, and the technical support work, including the drafting of the Regulations and their explanatory notes, was comprehensively completed. Moving forward, the Policy Research Center will continue to collaborate closely on the research and formulation of the Regulations.

Regulations on the Administration of Pollutant Discharge Permits 》Public Solicitation of Comments

To implement the decisions and arrangements of the CPC Central Committee and the State Council and to advance the development of the pollutant discharge permit system, in accordance with the Environmental Protection Law of the People’s Republic of China and relevant laws and regulations, the Ministry of Ecology and Environment has drafted the “Regulations on the Administration of Pollutant Discharge Permits (Draft for Public Comment).” Comments are now being solicited. All government agencies, social organizations, enterprises, public institutions, and individuals may submit their opinions and suggestions in accordance with the prescribed format. The deadline for submitting comments is: December 6, 2018. Contact persons: Wang Zhuo and Chen Qiuyun, Department of Environmental Impact Assessment and Emission Management. ； Phone: ( 010) 84665782, 66556427 ； Fax: ( 010) 84634063, 66556428 ； Email: mee.permit@mee.gov.cn ； Mailing Address: Xizhimeng Nanxiaojie, Xicheng District, Beijing No. 115, Ministry of Ecology and Environment ； Encoding: 100035。

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Explanatory Notes on the Draft Regulations on the Administration of Pollutant Discharge Permits

1   Necessity of Preparation

Fully implementing the pollutant discharge permit system is an important policy initiative of the CPC Central Committee and the State Council, aimed at advancing ecological civilization and comprehensively deepening institutional reforms in environmental governance. It constitutes a strategic measure to effectively improve environmental quality. The revised Environmental Protection Law, the Air Pollution Prevention and Control Law, and the Water Pollution Prevention and Control Law all set forth clear requirements for the implementation of the discharge permit system. In November 2016, the General Office of the State Council issued the “Implementation Plan for the Pollutant Discharge Permit System,” marking the entry of China’s reform of the pollutant discharge permit system into the implementation phase. Over the past two years, ecological and environmental authorities at all levels nationwide have actively explored and advanced the implementation of the permit system. The Ministry of Ecology and Environment has promulgated the “Administrative Measures for Pollutant Discharge Permits (Trial)” and the “Catalogue for Categorized Management of Pollutant Discharge Permits for Stationary Sources,” thereby establishing a technical support framework centered on the technical specifications for applying for and issuing discharge permits. A unified national information platform for discharge permit management has also been put in place. Localities have largely completed the issuance of discharge permits to polluting entities in 15 sectors, including thermal power, papermaking, iron and steel, and cement, thus shifting environmental protection from extensive, coarse‑grained regulation toward more refined, precision‑based management and achieving initial results.

However, overall, the reform of the pollutant discharge permitting system still faces numerous pressing issues that require urgent resolution. The legal and regulatory framework for discharging permits remains unclear and uncoordinated; a permit‑based regulatory and enforcement mechanism has yet to be established; the principal responsibility of discharging entities is not adequately enforced; unauthorized discharges and non‑compliant discharges are widespread; and existing laws fail to clearly define the legal liabilities of discharging entities, thereby undermining the effectiveness of the permit system. These challenges call for further refinement through the enactment of relevant regulations.

To advance the implementation of legislation on pollutant discharge permitting, the Ministry of Ecology and Environment conducted field surveys and convened seminars, soliciting input from relevant departments, local authorities, and experts. Based on thorough consideration and incorporation of these views and recommendations, the Regulations were formulated.

2   Principles of Compilation

Establish The “one‑permit” management model. The Regulations institutionalize the pollutant discharge permitting system as the core mechanism for managing stationary pollution sources, serving as the basis for corporate compliance, regulatory enforcement, and public oversight. By aligning and integrating relevant environmental management systems—incorporating total‑quantity control, seamlessly linking with the environmental impact assessment regime—the model provides unified pollutant emission data to support the levying of environmental protection taxes, annual ecological and environmental statistics, total‑pollutant‑load assessments, and the compilation of pollutant source emission inventories. This approach enables full‑process management and synergistic control of multiple pollutants from stationary sources, achieving systematic, scientific, law‑based, refined, and information‑driven “one‑permit” management.

Achieve full coverage of stationary pollution sources. To implement In accordance with the 2020 requirement to issue discharge permits covering all stationary pollution sources, the Regulations expand the scope of discharge permit coverage on the basis of the Provisional Measures for the Administration of Discharge Permits. Specifically: first, they add management elements, introducing new provisions for the management of solid waste and incorporating additional elements as prescribed by law; second, they broaden sectoral coverage by including the regulation of discharges into jurisdictional sea areas; and third, they refine the classified management system for discharge permits and introduce a registration‑based management category along with related provisions.

Clearly centering on improving environmental quality. The Regulations place the improvement of environmental quality at their core, stipulating that regions failing to meet environmental standards must raise pollutant emission standards, implement stricter total‑quantity controls on pollutants, and strengthen ongoing and post‑event regulatory oversight based on permits, thereby advancing the enhancement of environmental quality.

Implement the principal responsibility of pollutant-discharging entities. The Regulations require such entities to apply for discharge permits, manage their permits in accordance with applicable laws and regulations, and strictly comply with the conditions stipulated in their permits; to establish discharge outlets in compliance with relevant laws, regulations, and departmental provisions; to conduct self-monitoring as required by their discharge permits, accurately maintain and preserve records, promptly submit implementation reports, and record and disclose pollutant‑discharge information on the National Pollutant Discharge Permit Management Information Platform; to actively cooperate with the ecological and environmental authorities in inspection and supervision activities; and to establish a credit‑evaluation system and impose penalties for discharging without a permit or in violation of permit conditions, thereby strengthening the principal responsibility of pollutant‑discharging entities.

3   Main Contents of the Regulations

The Regulations are divided into seven chapters, totaling Article 87: Chapter I—General Provisions; Chapter II—Application and Issuance; Chapter III—Discharge in Accordance with the Permit; Chapter IV—Supervision and Administration; Chapter V—Amendment, Renewal, and Revocation; Chapter VI—Legal Liability; Chapter VII—Supplementary Provisions.

The General Provisions section comprises Article 9 sets forth the purposes, scope of application, applicable entities, fundamental positioning, guiding principles, and administrative jurisdiction of the pollutant discharge permit system; it also introduces a framework for tiered management, along with requirements for an administrative platform and financial support, thereby affirming the foundational status of the pollutant discharge permit system.

The chapter on application and issuance comprises a total of Article 18 sets forth, for the entire lifecycle of a pollutant discharge permit—from application and review to issuance—the materials that enterprises must submit, the information they are required to make public, the procedures for acceptance by the ecological and environmental authorities, the requirements for review, and the provisions governing the issuance of the permit. It also defines the principal contents and related requirements of registration-based management, clarifies the scope of the pollutant discharge permit, and establishes the principles for determining permitted discharge volumes and concentrations. Furthermore, it specifies the environmental management requirements stipulated in the permit and sets out its validity period.

The chapter on pollutant discharge based on permits consists of Ten provisions stipulate that pollutant-discharging entities shall ensure lawful discharge in accordance with their permits, maintain proper permit management, strictly comply with the discharge conditions set forth in their discharge permits, and establish discharge outlets and discharge pollutants in compliance with relevant laws, regulations, and departmental rules, while implementing requirements for the prevention and control of fugitive emissions. The provisions also specify the basic content and requirements for self-monitoring, record-keeping, and compliance reporting under the discharge permit system, and require discharging entities to fulfill obligations such as cooperating with supervisory inspections conducted by the ecological and environmental authorities and disclosing information as prescribed.

The chapter on supervision and management consists of Article 13 stipulates that regulatory authorities shall conduct oversight and law enforcement in accordance with the pollutant discharge permit, specifying the methods and frequency of on-site verification and enforcement inspections, and clearly delineating, by pollutant‑related elements, the supervisory and management approaches for such permit‑mandated requirements as total emissions, emission concentrations, and pollution control facilities. It also sets forth principles for assessing data validity, as well as provisions governing data utilization, credit management, the commissioning of technical services, and public oversight.

The chapter on amendment, renewal, and revocation comprises a total of Ten provisions specify the time limits, relevant procedures, required documentation, and validity periods for various scenarios involving discharge permits, including amendments, renewals, revocations, withdrawals, cancellations, and replacements for lost permits.

The chapter on legal liability consists of 23 This article primarily sets forth the legal liabilities and penalties applicable to ecological and environmental authorities, pollutant-discharging entities, and third-party technical institutions. Specifically, the legal liabilities of pollutant‑discharging entities for violations encompass a wide range of infractions, including discharging without a permit, failing to comply with standardized discharge‑outlet requirements, exceeding permitted concentration or total‑quantity limits, violating management requirements, breaching monitoring‑facility standards, neglecting self‑monitoring obligations, disregarding pre‑treatment requirements, failing to maintain proper record‑keeping, omitting required compliance reports, and neglecting information‑disclosure obligations under the pollutant‑discharge permit regime. Additionally, violations such as evading regulatory oversight, refusing to cooperate with inspections, submitting falsified documentation, mismanaging permits, or failing to make timely amendments are also subject to legal sanctions. To encourage pollutant‑discharging entities to voluntarily comply with the law, provisions are made for mitigated and aggravated penalties. Furthermore, to refine the penalty framework, a system of tiered penalties and daily fines has been introduced. Penalty per occurrence.