Measures for the Management of the List of key units of environmental Supervision
Ministry of Ecology and Environment Decree No. 27
The Measures for the Management of the List of Key Units of Environmental Supervision, which was deliberated and adopted by the Fourth Ministerial Meeting of the Ministry of Ecology and Environment in 2022 on August 15, 2022, are hereby promulgated and will come into force as of January 1, 2023.
Minister Huang Runqiu
November 28, 2022
Measures for the Management of the List of key units of environmental Supervision
Article 1 These Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the laws on the prevention and control of water, air, noise and soil pollution, as well as the administrative regulations on the management of groundwater and the administration of discharge permits, in order to strengthen the supervision and administration of key units of environmental regulation and strengthen the precise control of pollution.
Article 2 The key units of environmental supervision as mentioned in these Measures include key units of water environment discharge, key units of groundwater pollution prevention and control, key units of atmospheric environment discharge, key units of noise discharge, key units of soil pollution supervision and control, and key units of environmental risk control as determined according to law.
The same enterprise and institution may belong to different types of key units of environmental supervision at the same time.
Article 3 The competent department of ecological environment under The State Council shall be responsible for guiding, coordinating and supervising the determination and management of the list of key units of environmental supervision, and establishing and operating the information platform for the list of key units of environmental supervision.
The provincial ecological and environmental authorities are responsible for coordinating and supervising the determination and publication of the list of key environmental supervision units in their respective administrative areas.
The ecological environment department of a districted city shall be responsible for determining, managing and publishing the list of key environmental supervision units in its administrative region.
Article 4 Key units of environmental supervision shall fulfill their ecological environmental legal obligations such as self-monitoring and information disclosure in accordance with the law, take measures to prevent and control environmental pollution and prevent environmental risks.
The competent departments of ecological environment at all levels shall strengthen the supervision and administration of key units of environmental supervision.
Article 5 Key pollutant discharge units shall be determined according to the water environment capacity of their respective administrative areas, the requirements of the total discharge control targets for key water pollutants, and the types, quantities and concentrations of water pollutants discharged by the pollutant discharge units.
Meet one of the following conditions, shall be listed as a key water environment pollutant discharge units:
(A) chemical oxygen demand, ammonia nitrogen, total nitrogen, total phosphorus in any of the annual discharge of any of the water pollutants in the past three years is greater than the screening emission limits set by the ecological environment department of the city divided into districts;
(2) large-scale livestock and poultry farms with sewage discharge outlets;
(3) centralized treatment plants for industrial wastewater, and urban domestic sewage treatment plants with a daily treatment capacity of more than 100,000 tons or a daily treatment capacity of more than 20,000 tons of industrial wastewater.
The ecological environment competent department of the districted city shall set the emission limit for screening, and shall ensure that the sum of the industrial water pollutant discharge of the selected key water environment pollutant discharge units is not less than 65% of the total industrial water pollutant discharge investigated by the discharge source statistics of the administrative region.
Article 6 The key discharge units for the prevention and control of groundwater pollution shall be determined on the basis of such factors as the need for the prevention and control of groundwater pollution in their respective administrative areas and the discharge of toxic and harmful substances by the discharge units.
Those that meet any of the following conditions shall be listed as key discharge units for the prevention and control of groundwater pollution:
(1) Enterprises and institutions located in key areas for the prevention and control of groundwater pollution and equipped with water pollutant discharge outlets;
(2) primary and secondary environmental supervision and management of tailings pond operation and management units;
(3) Operation and management units of hazardous waste disposal sites involved in landfill disposal;
(4) Operation and management units of domestic waste landfills with a daily processing capacity of more than 500 tons.
Article 7 Key polluting-discharging units of atmospheric environment shall be determined on the basis of factors such as the carrying capacity of atmospheric environment of their respective administrative areas, the requirements of the total emission control targets of major atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by pollutant discharging units.
If one of the following conditions is met, it shall be listed as a key pollutant discharging unit of atmospheric environment:
(A) sulfur dioxide, nitrogen oxides, particulate matter, volatile organic compounds in any of the annual emissions of any of the air pollutants in the past three years greater than the screening emission limits set by the municipal ecological environment department of the district;
(b) solar photovoltaic glass industry enterprises, other glass manufacturing, glass products, glass fiber industry with natural gas as fuel enterprises above the scale;
(3) Enterprises in the ceramic and refractory industries that use coal, petroleum coke, oil or producer gas as fuel;
(4) Enterprises above designated size that use natural gas as fuel in the ceramic and refractory industries;
(5) Enterprises above the scale of the industrial coating industry, except for the use of water-based, solvent-free, radiation curing, powder and other four types of low volatile organic compounds content coatings that meet the national regulations;
(6) Enterprises above the scale of the packaging and printing industry, except for the use of low volatile organic matter content inks that comply with national regulations.
The ecological environment administrative department of a districted city shall set the emission limit for screening, and shall ensure that the sum of the industrial air pollutant emissions of the selected key pollutant discharge units of the atmospheric environment is not less than 65% of the total industrial air pollutant emissions of the emission source statistics survey of the administrative region.
Article 8 Enterprises and institutions that produce, process, use or discharge chemical substances listed in the list of new pollutants under key control shall be included in the key pollutant discharge units.
Article 9 Key units of noise emission shall be determined according to the noise emission status of the administrative area and the requirements for improvement of sound environment quality.
Industrial enterprises that meet one of the following conditions shall be listed as key noise emission units:
(1) There is a concentration area of noise-sensitive buildings located in the area of concentration of noise-sensitive buildings or a concentration area of noise-sensitive buildings within 200 meters outside the factory boundary, and noise pollution is caused;
(b) affecting the administrative area to complete the sound environment quality improvement plan set goals;
(3) The problem of noise pollution is prominent and the people have strong reactions.
Article 10 Key soil pollution supervision units shall be determined according to the need for soil pollution prevention and control in their respective administrative areas and the discharge of toxic and harmful substances.
If one of the following conditions is met, it shall be listed as a key soil pollution supervision unit:
(1) Enterprises above designated scale in non-ferrous metal mining, non-ferrous metal smelting, petroleum mining, petroleum processing, chemical industry, coking, electroplating and tanning industry;
(2) located in land with high potential risk of soil pollution, and the production, use, storage, disposal or discharge of toxic and harmful substances;
(3) cadmium-related discharge enterprises located in areas where heavy metal pollution of cultivated land soil is prominent.
11th meet one of the following conditions, can be listed as a key environmental risk control unit:
(A) the annual production of hazardous waste more than 100 tons of enterprises;
(2) Enterprises with self-utilization and disposal facilities for hazardous waste;
(3) Enterprises holding hazardous waste business licenses;
(4) Operation and maintenance units of domestic waste landfill sites (including sealed sites) or domestic waste incineration plants;
(e) Mineral resources (except uranium, thorium ore) development and utilization activities in raw ore, intermediate products, tailings (slag) or other residues in the uranium (thorium) series of a single nuclide content of more than 1Bq/g enterprises.
Article 12 Enterprises and institutions that implement the key administration of pollutant discharge permits as stipulated in the catalogue of classified management of pollutant discharge permits shall be listed as key pollutant discharge units.
Enterprises and institutions that are "included in the List of key pollutant discharge units" as stipulated in the "Classified Management List of Fixed Pollution Source Discharge Permits (2019 edition)" and no longer meet the screening conditions of key pollutant discharge units according to the provisions of Article 5 and Article 7 of the Measures, the ecological environment department of the city with districts shall make timely adjustments.
Article 13 The ecological environment competent department of a districted city may, according to the environmental quality status, environmental quality improvement requirements, pollutant discharge, toxic and harmful substances and environmental risk control requirements of its administrative region, include enterprises and institutions that really need to implement key supervision into the list of key units of environmental supervision.
Article 14 The ecological environment competent department of the districted city shall, before the end of January each year, propose a preliminary list of key units of environmental supervision for the year and upload it to the information platform for the list of key units of environmental supervision.
The competent departments of ecological environment at or above the provincial level may, before the end of February each year, put forward adjustment proposals for the preliminary list of key units of environmental supervision through the information platform for the list of key units of environmental supervision.
The ecological environment competent department of the districted city may adjust the preliminary list of key units of environmental supervision in this year according to the adjustment proposals put forward by the ecological environment competent department at or above the provincial level, and determine the list of key units of environmental supervision in this year by the end of March, and publish it to the public according to law.
Article 15 Enterprises and institutions listed in the list of key units of environmental supervision, during the survival of the list does not meet the screening conditions provided for in these measures, shall be adjusted when determining the next year's list of key units of environmental supervision.
Article 16 The competent department of ecological environment under The State Council shall be responsible for the interpretation of these measures.
Article 17 These Measures shall come into force on January 1, 2023. The "Notice on the issuance of the Regulations on the Management of the List of Key pollutant Discharge Units (Trial) >" (Environmental Affairs Office Monitoring [2017] 86) shall be repealed at the same time.
