Regarding the issue of whether the competent department of ecological environment must specify the environmental information disclosure requirements in the pollution discharge permit

Question: When the competent department of ecological environment with the authority to approve pollutant discharge permits, must it specify the requirements for environmental information disclosure in the pollutant discharge permit?

Question: When the competent department of ecological environment with the authority to approve pollutant discharge permits, must it specify the requirements for environmental information disclosure in the pollutant discharge permit?

Answer: ① Article 5 of the Environmental Protection Law of the People's Republic of China (see Annex 1) clarifies the basic principles of public participation in environmental protection
.

At the same time, Article 55 (see Annex 1) stipulates that key pollutant discharge entities shall truthfully disclose to the public the names of their main pollutants, discharge methods, discharge concentrations and total amounts, excessive discharge conditions, and the construction and operation of pollution prevention facilities , Accept social supervision

② Article 13 of the "Regulations on the Administration of Pollution Discharge Permits" stipulates that the pollutant discharge permit shall record the environmental information disclosure requirements of the pollutant discharging unit
.

At the same time, Articles 7 and 8 of the "Regulations on the Administration of Pollution Discharge Permits" do not require environmental information disclosure in the matters that should be included in the pollutant discharge permit application form submitted by the pollutant discharge unit, and the environmental information is not included in the approval conditions in Article 11.

Article 23 of the "Regulations on the Administration of Pollution Discharge Permits" (see Annex 3) stipulates that the pollutant discharge unit shall truthfully disclose pollutant discharge information on the national pollutant discharge permit management information platform in accordance with the provisions of the pollutant discharge permit
.

According to the provisions of this article, the pollutant discharge unit shall truthfully disclose pollutant discharge information in accordance with the provisions of the pollutant discharge permit

③The contents and methods of environmental information that should be disclosed to key pollutant-discharging entities in Article 9, Article 10 and Article 11 of the "Measures for the Disclosure of Environmental Information of Enterprises and Institutions" (hereinafter referred to as the "Measures") (see Annex 2) Time limit requirements have been clearly stipulated
.

At the same time, Article 12 of the "Measures" stipulates that enterprises and institutions other than key pollutant-discharging units may disclose their environmental information in accordance with the provisions of Articles 9, 10 and 11 of the "Measures"

④The current pollutant discharge permit application and issuance technical specification system does not provide uniform regulations on the environmental information disclosure requirements of pollutant pollutants, but the requirements are put forward in the technical guide system for pollutant pollutant self-monitoring, such as the "General Principles of Pollutants Self-monitoring Technical Guidelines" (HJ819 -2017) clearly: the content and method of disclosure of information on self-monitoring by pollutant discharge units shall be in accordance with the "Measures for the Disclosure of Environmental Information of Enterprises and Institutions" (Order No.
31 of the Ministry of Environmental Protection) and "Measures for the Self-Monitoring and Information Disclosure of National Key Monitoring Enterprises (Trial)" (Huanfa [2013] No.
81) implementation
.

Therefore, when the examination and approval department is issuing a pollutant discharge permit, it shall follow the provisions of the “Regulations on the Administration of Pollution Permits” and the “Environmental Information Disclosure Measures for Enterprises and Institutions” (Ministry of Environmental Protection Order No.

Annex 1: Excerpts from the "Environmental Protection Law of the People's Republic of China"

Annex 1: Excerpts from the "Environmental Protection Law of the People's Republic of China"

Article 5 Environmental protection adheres to the principles of protection first, prevention first, comprehensive management, public participation, and responsibility for damage
.

Article 55 The key pollutant discharge units shall truthfully disclose to the public the names of their main pollutants, discharge methods, discharge concentration and total amount, discharge conditions exceeding the standard, and the construction and operation of pollution prevention facilities, and accept social supervision
.

Attachment 2: Excerpts from the "Measures for Disclosure of Environmental Information of Enterprises and Institutions"

Article 9 The key pollutant discharge units shall disclose the following information:

(1) Basic information, including unit name, organization code, legal representative, production address, contact information, and the main content, product and scale of production, operation and management services;

(2) Pollutant discharge information, including the names of major pollutants and characteristic pollutants, discharge methods, number and distribution of discharge outlets, discharge concentration and total amount, over-standard conditions, as well as the implemented pollutant discharge standards and approved total discharge;

(3) The construction and operation of pollution prevention facilities;

(4) Environmental impact assessment of construction projects and other environmental protection administrative permits;

(5) Emergency plan for environmental emergencies;

(6) Other environmental information that should be disclosed
.

The key pollutant-discharging units included in the list of key state-monitored enterprises shall also disclose their environmental self-monitoring plans
.

Article 10: Key pollutant-discharging entities shall disclose environmental information through their websites, environmental information disclosure platforms of enterprises and institutions, or local newspapers and periodicals, etc.
, and may disclose environmental information in one or more of the following ways:

(1) Announcement or publicly issued information special issue;

(2) News media such as radio and television;

(3) Information disclosure service and supervision hotline;

(4) Places or facilities such as information request points, information disclosure columns, information kiosks, electronic screens, and electronic touch screens of the unit;

(5) Other ways to facilitate the public to obtain information in a timely and accurate manner
.

Article 11 The key pollutant-discharging unit shall disclose the environmental information specified in Article 9 of these Measures within 90 days after the environmental protection authority announces the list of the key pollutant-discharging unit; if the environmental information is newly generated or changed, the key pollutant-discharging unit shall report from the environment.
The information will be made public within 30 days from the date of creation or change
.

Where laws and regulations provide otherwise, follow those provisions

Article 12 Enterprises and institutions other than key pollutant-discharging units may disclose their environmental information in accordance with the provisions of Article 9, Article 10 and Article 11 of these Measures

Annex 3: Excerpts from the "Regulations on the Administration of Pollution Discharge Permits"

Article 23 The pollutant discharge unit shall, in accordance with the provisions of the pollutant discharge permit, truthfully disclose the pollutant discharge information on the national pollutant discharge permit management information platform

Pollutant discharge information should include pollutant discharge types, discharge concentration and discharge volume, as well as the construction and operation of pollution prevention facilities, pollution discharge permit implementation reports, self-monitoring data, etc.