An official from the Enforcement Bureau of the Ministry of Ecology and Environment answered questions from reporters regarding the issuance of the “Guiding Opinions on Strengthening Law Enforcement and Supervision of Pollutant Discharge Permits.”

　　Recently, following deliberation and approval by the Central Commission for Comprehensively Deepening Reform, the Ministry of Ecology and Environment issued the “Guiding Opinions on Strengthening Law Enforcement and Regulatory Oversight of Pollutant Discharge Permits” (hereinafter referred to as the “Guiding Opinions”). The document proposes taking the pollutant discharge permit system for stationary sources as its core, innovating enforcement approaches, intensifying enforcement efforts, optimizing enforcement methods, and enhancing enforcement effectiveness, thereby further establishing a new framework for ecological and environmental law enforcement and regulation characterized by enterprises discharging pollutants in compliance with permits, government oversight in accordance with the law, and public participation in joint supervision. Relevant officials from the Enforcement Bureau of the Ministry of Ecology and Environment answered questions from reporters.
　　Q: What is the background behind the issuance of the “Guiding Opinions”?
　　Answer: The pollutant discharge permitting system is the core component of the regulatory framework for stationary pollution sources and a powerful tool for winning the tough battle against pollution and continuously improving ecological and environmental quality. The Party Central Committee and the State Council attach great importance to this issue. General Secretary Xi Jinping has repeatedly emphasized the need to fully implement the pollutant discharge permitting system and to establish and improve risk‑management mechanisms; he has also called for sustained efforts to win the battle against pollution, strengthen comprehensive governance of air, water, and soil pollution, and continuously enhance the urban and rural environment.
　　During the 13th Five-Year Plan period, the national ecological and environmental system vigorously advanced reform of the pollutant discharge permitting system, striving to establish a new pattern of ecological and environmental law enforcement and regulation characterized by enterprise compliance with permits, government oversight in accordance with the law, and public participation in supervision. The Environmental Protection Law and its accompanying regulations were strictly enforced, and efforts to crack down on illegal activities such as unlicensed discharges were continuously intensified. By the end of 2021, a total of 3.0424 million stationary pollution sources nationwide had been brought under the scope of pollutant discharge permit management, essentially achieving full coverage of stationary sources. More than 3,500 administrative penalty cases were investigated and adjudicated for violations of the Regulations on the Administration of Pollutant Discharge Permits, resulting in fines exceeding RMB 300 million.
　　To thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council, the Ministry of Ecology and Environment, in collaboration with relevant departments, has drafted the “Guiding Opinions.” This document is an essential requirement for carrying out the CPC Central Committee and State Council’s directives and for winning the tough battle against pollution; it also reflects the intrinsic need to comprehensively advance the reform of the pollutant discharge permit system and to establish a regulatory framework for stationary pollution sources centered on the permit system. Moreover, it constitutes a robust measure for implementing the Regulations on the Administration of Pollutant Discharge Permits, providing clear guidance and a defined roadmap for local enforcement and oversight of discharge permits, and fostering a new pattern of ecological and environmental law enforcement and regulation characterized by enterprises discharging pollutants in compliance with permits, government oversight in accordance with the law, and public participation in joint supervision.
　　Q: What are the guiding principles and main contents of the “Guiding Opinions”?
　　Answer: The “Guiding Opinions” uphold the organic unity of goal‑orientation, problem‑orientation, and results‑orientation.
　　First, we will remain firmly goal‑oriented. The Guiding Opinions stipulate that by the end of 2023, key industries will implement list‑based enforcement inspections under the pollutant discharge permit system, and that routine permit management, environmental monitoring, and law enforcement oversight will be effectively coordinated, thereby essentially establishing an enforcement and regulatory framework for stationary pollution sources centered on the pollutant discharge permit system. By the end of 2025, list‑based enforcement inspections will achieve full coverage, and the level of systematic, scientific, rule‑of‑law‑based, refined, and information‑driven enforcement and regulation under the pollutant discharge permit system will be significantly enhanced, leading to the comprehensive establishment of such a framework.
　　Second, we must remain problem‑oriented. In response to the existing issues and challenges in the enforcement and oversight of pollutant discharge permits, we will address them or chart a clear course forward through targeted measures, including fully assigning responsibilities to relevant entities, strengthening enforcement and regulatory oversight, and innovating enforcement approaches.
　　Third, we will remain results-oriented. By refining the approaches to enforcement and oversight of pollutant discharge permits and strengthening the supporting measures that underpin such efforts, we will comprehensively enhance enforcement effectiveness and accelerate the establishment of an enforcement and regulatory framework for stationary pollution sources centered on the pollutant discharge permit system.
　　The main content of the “Guiding Opinions” comprises five sections and 22 articles. The first section sets out the overall requirements, clarifying the guiding principles and work objectives. The second section focuses on fully implementing responsibilities, including reinforcing local governments’ territorial responsibilities, strengthening the regulatory duties of ecological and environmental authorities, and solidifying the principal responsibility of pollutant‑discharging entities. The third section emphasizes rigorous law enforcement and oversight, covering legally mandated issuance of discharge permits, enhanced follow-up supervision, checklist‑based inspection and enforcement, intensified enforcement monitoring, the establishment of a coordinated enforcement‑supervision mechanism, severe punishment for violations, and closer coordination between administrative enforcement and criminal justice. The fourth section seeks to optimize enforcement approaches, encompassing the refinement of the “double random, one public” regulatory model, the implementation of an enforcement positive list, the promotion of non‑site‑based supervision, the standardized exercise of administrative discretion, the introduction of reward schemes for whistleblowing, and the strengthening of guidance through typical cases. The fifth section strengthens supporting measures and safeguards, including the improvement of standards and technical specifications, the enhancement of technical and platform support, the acceleration of personnel and equipment development, the reinforcement of environmental credit‑based regulation, the encouragement of public participation, and the intensification of legal education and publicity efforts.
　　Q: What key issues and challenges will the “Guiding Opinions” focus on addressing?
　　Answer: To ensure the quality of the document drafting process, the Ministry of Ecology and Environment conducted an in-depth survey of local enforcement and regulatory practices related to pollutant discharge permits. The survey revealed that the issues and challenges faced across regions are primarily concentrated in four areas:
　　First, with regard to implementing local governments’ responsibilities for ecological and environmental protection: Some local governments need to deepen their understanding of the pollutant discharge permit system, and their accountability must be further strengthened. Certain polluting entities had already been discharging pollutants prior to the implementation of the Regulations on the Administration of Pollutant Discharge Permits; however, due to various legacy issues, they have been unable to obtain permits, and many cannot be immediately shut down because such measures would affect people’s livelihoods. In response, the Guiding Opinions require local governments to assume full responsibility for the organization and implementation of the pollutant discharge permit system, clearly define departmental duties, intensify oversight and follow-up, coordinate efforts to resolve longstanding issues, and further reinforce local government accountability.
　　Second, with regard to the issuance and management of pollution discharge permits, many localities have pointed out that the permit‑issuance process is a crucial prerequisite for enforcement and oversight under the pollutant‑discharge permitting system, and that accuracy in issuing such permits must be ensured. At the same time, they call for clarification of the issuance procedures and requirements, while also urging that the environmental management practices of small and medium‑sized enterprises be given due consideration. Specifically, they recommend simplifying the requirements for maintaining environmental management records, conducting self‑monitoring, and preparing compliance reports, and strengthening support, guidance, and public legal education. To this end, the “Guiding Opinions” propose further enhancing the scientific basis, standardization, and operability of the permit‑issuance process, continuously improving the quality of issuances, and conducting quality inspections of permit‑issuance activities. In addition, the regulations require discharging entities to comply with the law by holding valid permits and discharging in accordance with those permits, and mandate that on-site inspections include intensified public legal awareness‑raising efforts.
　　Third, with regard to the mechanism for coordinating enforcement and regulatory oversight under the pollutant discharge permit system: Such enforcement and regulation encompass multiple stages, involve numerous agencies, and are closely linked to other ecological and environmental management systems. Relying solely on the permit‑issuing authority or the enforcement agency is insufficient to achieve comprehensive oversight; there is an urgent need for the departments responsible for routine permit administration, monitoring, and enforcement to further clarify their respective responsibilities and forge a coordinated regulatory effort. To this end, the Guiding Opinions propose strengthening the mechanism for integrating enforcement and regulatory activities, ensuring seamless coordination with ecological and environmental monitoring, environmental impact assessment, and ecological and environmental damage compensation efforts, conducting checklist‑based inspection and enforcement, optimizing the methods of enforcing pollutant discharge permits, and rigorously cracking down on illegal activities.
　　Fourth, with regard to enforcement and regulatory safeguards for pollutant discharge permits: Enforcement and oversight of these permits are both challenging and demanding, placing heightened requirements on ecological and environmental authorities at all levels—particularly on grassroots agencies that often face shortages of personnel and resources. Some localities have proactively leveraged information technology and other advanced tools, establishing unified regulatory and enforcement platforms to conduct remote‑site inspections, achieving positive results that warrant wider adoption and replication. To this end, the “Guiding Opinions” propose measures to strengthen enforcement and regulatory support, including refining standards and technical specifications, bolstering technical and platform capabilities, and accelerating the development of personnel and equipment.
　　Q: Following the issuance and implementation of the “Guiding Opinions,” what changes will they bring to the enforcement and oversight of pollutant discharge permits?
　　Answer: The issuance of the “Guiding Opinions” will strengthen the排污 permit as the primary basis for ecological and environmental law enforcement and supervision. On the one hand, it will enhance dynamic monitoring and oversight of排污 permits, intensify spot checks and guidance, with a focus on verifying whether all applicable permits have been issued and registered, whether management levels have been improperly downgraded, and whether actual discharge conditions are consistent with the information specified in the permit. On the other hand, it will step up enforcement against illegal and non-compliant activities such as discharging without a permit or failing to comply with permit conditions. Malicious violations—including clandestine discharges, falsification of self-monitoring data, and deliberate improper operation of pollution‑control facilities—will be subject to strict legal penalties and severe sanctions.
　　At the law enforcement and regulatory level, the Guiding Opinions propose a series of innovative and comprehensive measures. First, they introduce an innovative “checklist‑based enforcement inspection,” prioritizing inspections focused on the items specified in discharge permits. Second, they will refine the “double random, one public” regulatory approach by incorporating discharge permit issuance and registration information into the enforcement and supervision database, and conduct random spot checks—combining on‑site inspections with remote verification—of both the permits themselves and their post‑permit compliance. Third, they will implement a positive list for enforcement, promoting differentiated regulatory oversight based on compliance; law‑abiding discharging entities will see a reduction in the number of on‑site inspections. Fourth, they will advance non‑on‑site supervision, leveraging the National Discharge Permit Management Information Platform to carry out remote verification, strengthen automated monitoring of pollution sources, and deploy video surveillance as well as water (and electricity) consumption monitoring of pollution control facilities, while also conducting remote identification, early warning, and follow‑up of abnormal pollutant emissions. Fifth, they will establish a mechanism for collecting, analyzing, and publishing typical cases related to discharge permits, thereby enhancing the guiding and educational deterrent effects of such cases.
　　Q: How will the “Guiding Opinions” promote the integration of systems related to pollutant discharge permitting?
　　Answer: To comprehensively advance the reform of the pollutant discharge permit system and achieve end-to-end, “one-permit” management of stationary pollution sources—covering environmental access, pollutant discharge control, and enforcement supervision—the seamless alignment and integration of relevant systems are critical. The Guiding Opinions set forth specific requirements for promoting the convergence of systems related to pollutant discharge permits:
　　First, in the area of pollution discharge permit enforcement and supervision, it is required to strengthen the coordinated linkage among routine permit management, environmental monitoring, and law enforcement oversight; enhance information sharing, referral of leads, and feedback reporting; and establish a mechanism for integrated enforcement and supervision that identifies issues, urges corrective action, and closes cases. At the same time, it calls for improving the collaborative, rapid-response working mechanism between enforcement and monitoring agencies, enabling monitoring institutions to conduct enforcement‑related monitoring in accordance with the needs of permit‑based enforcement and oversight.
　　Second, it is necessary to strengthen the coordination between enforcement and oversight of pollutant discharge permits and environmental impact assessment (EIA) work, requiring that the types, concentrations, quantities, methods of pollutant emissions, as well as any special regulatory requirements specified in the EIA documents and their approval decisions, be incorporated into the pollutant discharge permit, with enforcement and oversight conducted strictly in accordance with the permit.
　　Third, it is essential to ensure seamless coordination between pollution discharge permit enforcement and oversight and the work of ecological and environmental damage compensation. This requires clearly defining the criteria, conditions, and departmental responsibilities for initiating compensation proceedings, and promoting information sharing and the mutual application of outcomes.
　　Fourth, we will strengthen the linkage between enforcement and oversight of pollutant discharge permits and environmental protection credit evaluation, incorporate entities applying for such permits into the environmental protection credit evaluation system, enhance the collection and sharing of environmental protection credit information, reinforce the application of evaluation outcomes, implement tiered and categorized regulatory measures, and ensure seamless alignment with the positive list for ecological and environmental law enforcement.
　　Question: How can we effectively ensure the implementation and organization of the “Guiding Opinions”?
　　Answer: The implementation of the “Guiding Opinions” involves the responsibilities of local governments and relevant departments. The Ministry of Ecology and Environment will work with the relevant authorities to ensure effective implementation, firmly hold local governments accountable for their jurisdictional duties, strengthen policy coordination and operational alignment, and promote the comprehensive establishment of a law‑enforcement and regulatory system for stationary pollution sources centered on the pollutant discharge permitting regime.
　　Going forward, the Ministry of Ecology and Environment will continue to conduct quality spot checks on pollution discharge permits, implement the “Double Hundred” initiative, and promote improvements in both the quality and efficiency of permit‑based management. It will organize enforcement inspections of pollution discharge permits and intensify efforts to crack down on illegal and non‑compliant practices, including discharging without a permit, failing to comply with permit conditions, and falsifying self‑monitoring data. A mechanism will be established for collecting, analyzing, interpreting, and publicly releasing typical cases involving violations of pollution discharge permit requirements, ensuring timely exposure of high‑profile enforcement breaches. The Ministry will guide local authorities in refining integrated mechanisms that link routine permit management, environmental monitoring, and law‑enforcement oversight. Pilot programs will be launched to carry out checklist‑based enforcement inspections in key industries, thereby advancing permit‑based regulatory approaches. Furthermore, efforts will be stepped up to advance the digitalization of enforcement and oversight, strengthening capacity for managing and monitoring stationary pollution sources. The Ministry will maintain ongoing coordination to highlight exemplary achievements and case studies from across the country in bolstering permit‑based enforcement and supervision, and will regularly organize publicity campaigns to facilitate the exchange of best practices and ensure that all localities fully implement the requirements set forth in the Guiding Opinions.

Source: Ministry of Ecology and Environment Author: Ministry of Ecology and Environment