Administrative Measures for Ecological and Environmental Standards
Administrative Measures for Ecological and Environmental Standards
Administrative Measures for Ecological and Environmental Standards
Order of the Ministry of Ecology and Environment No. 17
December 15, 2020
The Administrative Measures for Ecological and Environmental Standards, which were deliberated and adopted at the ministerial meeting of the Ministry of Ecology and Environment on November 5, 2020, are hereby promulgated and shall come into effect as of February 1, 2021.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Administrative Measures for Ecological and Environmental Standards
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Standardization Law of the People's Republic of China and other laws and regulations with a view to strengthening the administration of ecological and environmental standards.
Article 2 These Measures shall apply to the formulation, implementation, filing and evaluation of ecological and environmental standards.
Article 3 For the purpose of these Measures, ecological and environmental standards refer to various technical requirements that are formulated by the competent department of ecology and environment under the State Council and provincial-level people's governments in accordance with the law and need to be unified during ecological and environmental protection.
Article 4 Ecological and environmental standards shall be divided into national ecological and environmental standards and local ecological and environmental standards.
National ecological and environmental standards shall consist of national ecological and environmental quality standards, national ecological and environmental risk control standards, national pollutant discharge standards, national ecological and environmental monitoring standards, national basic ecological and environmental standards, and national technical criteria for ecological and environmental management. National ecological and environmental standards shall be implemented throughout the country or within the areas set forth in the standards.
Local ecological and environmental standards shall consist of local ecological and environmental quality standards, local ecological and environmental risk control standards, local pollutant discharge standards, and other local ecological and environmental standards. Local ecological and environmental standards shall be implemented within the administrative region of the province, autonomous region or municipality directly under the Central Government that issues the standards or within the areas set forth in the standards.
Each area in which local ecological and environmental quality standards, local ecological and environmental risk control standards and local pollutant discharge standards have been formulated shall give priority to the implementation of such local standards in accordance with the law.
Article 5 National and local ecological and environmental quality standards, ecological and environmental risk control standards, pollutant discharge standards and other ecological and environmental standards subject to enforcement in accordance with laws and regulations shall be issued in the form of compulsory standards. National and local ecological and environmental standards subject to no enforcement in accordance with laws and regulations shall be issued in the form of recommendatory standards.
Compulsory ecological and environmental standards must be implemented.
Where any recommendatory ecological and environmental standard is quoted by a compulsory ecological and environmental standard, a regulation or an administrative normative document endowed with the effect of enforcement, the quoted contents must be implemented, and the legal effect of the recommendatory ecological and environmental standard per se remains unchanged.
Article 6 The competent department of ecology and environment under the State Council shall, in accordance with the law, formulate and organize the implementation of national ecological and environmental standards, evaluate the implementation thereof, carry out the filing of local ecological and environmental standards, and direct the administration of local ecological and environmental standards.
Provincial-level people's governments shall, in accordance with the law, formulate local ecological and environmental quality standards, local ecological and environmental risk control standards and local pollutant discharge standards, and submit the same to the competent department of ecology and environment under the State Council for filing. Discharge standards for air pollutants from mobile sources such as motor vehicles shall be formulated uniformly by the competent department of ecology and environment under the State Council.
Local competent departments of ecology and environment at all levels shall organize the implementation of ecological and environmental standards to the extent of their respective duties.
Article 7 Ecological and environmental standards shall be formulated following the principles of compliance with laws and regulations, system coordination, scientific feasibility and normative procedures, etc.
To formulate a national ecological and environmental standard, it is a requirement to, in light of the needs of ecological and environmental protection, prepare the standard project plan, organize relevant pubic institutions, industry associations, scientific research institutions, or colleges and universities, among others, to draft the standard, seek comments broadly from relevant state departments, local governments and relevant departments, industry associations, enterprises, public institutions and the public, etc., and organize experts to conduct examination and demonstration. The specific working procedures and requirements shall be formulated separately by the competent department of ecology and environment under the State Council.
Article 8 No ecological and environmental standards to be formulated may add administrative power items not covered by laws and regulations, or reduce statutory duties; set up any item subject to administrative licensing, administrative penalty or administrative compulsion, increase the conditions for administrative licensing, or stipulate the issuance of circular certifications, repeated certifications or unnecessary certifications; illegally impair the legitimate rights and interests of or increase the obligations to citizens, legal persons and other organizations; set forth those items beyond powers which shall be regulated by the market, self-regulated by enterprises and society and self-managed by citizens; or illegally formulate the measures containing elimination or limitation of fair competition, illegally intervene in or affect the normal production and operation activities of market players, or illegally set up the conditions for market access and withdrawal.
No ecological and environmental standards may stipulate the adoption of technologies, products and services of specific enterprises, contain the trade names of specific enterprises, stipulate the use of patented technologies under protection and reagents of which formulations are not in public, or stipulate the use of reagents that are expressly banned or eliminated by the State.
Article 9 Upon issuance of an ecological and environmental standard, an appropriate transition period for implementation shall be set aside.
Before the issuance of ecological and environmental quality standards, ecological and environmental risk control standards, pollutant discharge standards and other standards, the supporting guidelines, standards and specifications with respect to pollution prevention and control, monitoring and law enforcement, among others, and relevant formulation or amendment plans, as well as publicity and training programs for the said standards, shall be clear and definite to ensure the effective implementation of the said standards.
Chapter II Ecological and Environmental Quality Standards
Article 10 Ecological and environmental quality standards shall be formulated with a view to protecting the ecology and environment, safeguarding public health, improving the people's happiness and benefits, promoting sustainable economic and social development, and limiting harmful substances and factors in the environment.
Article 11 Ecological and environmental quality standards shall consist of environmental quality standards for air, environmental quality standards for water, environmental quality standards for the ocean, environmental quality standards for noise, and basic standards for nuclear and radiation safety.
Article 12 Ecological and environmental quality standards to be formulated shall reflect the characteristics of ecological and environmental quality, scientifically and reasonably determine the goals of ecological and environmental protection on the basis of the results of ecological and environmental benchmark research and in line with economic and social development and the public's ecological and environmental quality needs.
Article 13 Ecological and environmental quality standards shall include the following contents:
1. functional classification;
2. control items and limits;
3. monitoring requirements;
4. evaluation methods of ecological and environmental quality; and
5. standard implementation and supervision, etc.
Article 14 Ecological and environmental quality standards shall be the technical bases for carrying out management of ecological and environmental quality objectives, and shall be implemented under the uniform organization of competent departments of ecology and environment.
To implement environmental quality standards for air, water, the ocean and noise, it is a requirement to divide functional areas according to the types of ecological and environmental functions set forth in the standards, specify applicable control item indicators and control requirements, and take measures to meet the requirements of the ecological and environmental quality standards.
During the implementation of the basic standards for nuclear and radiation safety, it is a requirement to ensure that the public exposure risks to nuclear and radiation are controllable.
Chapter III Ecological and Environmental Risk Control Standards
Article 15 Ecological and environmental risk control standards shall be formulated with a view to protecting ecology and the environment, safeguarding public health, promoting the management of ecological and environmental risk screening and classification, maintaining ecological and environmental safety, and controlling harmful substances and factors in the ecological environment.
Article 16 Ecological and environmental risk control standards shall consist of soil pollution risk control standards and other environmental risk control standards as prescribed by laws and regulations.
Article 17 Ecological and environmental risk control standards to be formulated shall, on the basis of such factors as environmental pollution status, public health risks, ecological and environmental risks, environmental background values and the results of ecological and environmental benchmark research, distinguish different protection objects and use functions, and scientifically and reasonably determine the risk control requirements.
Article 18 Ecological and environmental risk control standards shall include the following contents:
1. functional classification;
2. control items and risk control thresholds;
3. monitoring requirements;
4. rules for the use of risk control thresholds; and
5. standard implementation and supervision, etc.
Article 19 Ecological and environmental risk control standards shall be the technical bases for carrying out ecological and environmental risk management.
To implement soil pollution risk control standards, it is a requirement to carry out classification management and risk control subject to land-use purposes so as to realize safe utilization.
Chapter IV Pollutant Discharge Standards
Article 20 Pollutant discharge standards shall be formulated in accordance with ecological and environmental quality standards, economic and technical conditions with a view to improving the ecological and environmental quality, and controlling pollutants and other harmful substances to be discharged into the environment.
National pollutant discharge standards are the basic requirements for pollutant discharge control throughout the country. Local pollutant discharge standards are formulated by local governments as supplementary or more stringent provisions to the national pollutant discharge standards, which shall be applicable to the respective administrative regions, with a view to further improving ecological and environmental quality and optimizing economic and social development.
Article 21 Pollutant discharge standards shall consist of air pollutant discharge standards, water pollutant discharge standards, solid waste pollution control standards, ambient noise discharge control standards and radioactive pollution prevention and control standards, etc.
Discharge standards for water and air pollutants shall be classified into industrial, comprehensive, general, river basin (sea area) or regional pollutant discharge standards according to the applicable objects.
Industrial pollutant discharge standards shall apply to the discharge control of specific industries or product pollution sources; comprehensive pollutant discharge standards shall apply to the discharge control of other industrial pollution sources outside of the scope of the industrial pollutant discharge standards; general pollutant discharge standards shall apply to the discharge control of cross-industry general production technologies, equipment, operation process or specific pollutants and specific discharge methods; river basin (sea area) or regional pollutant discharge standards shall apply to the discharge control of pollution sources in specific river basins (sea areas) or within a regional scope.
Article 22 Industrial or comprehensive pollutant discharge standards to be formulated shall reflect the characteristics of pollutant discharge in the industries subject to control, scientifically and reasonably determine pollutant discharge control requirements mainly on the basis of practical technologies for industrial pollution prevention and control and acceptable ecological and environmental risks.
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Order of the Ministry of Ecology and Environment No. 17
December 15, 2020
The Administrative Measures for Ecological and Environmental Standards, which were deliberated and adopted at the ministerial meeting of the Ministry of Ecology and Environment on November 5, 2020, are hereby promulgated and shall come into effect as of February 1, 2021.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Administrative Measures for Ecological and Environmental Standards
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Standardization Law of the People's Republic of China and other laws and regulations with a view to strengthening the administration of ecological and environmental standards.
Article 2 These Measures shall apply to the formulation, implementation, filing and evaluation of ecological and environmental standards.
Article 3 For the purpose of these Measures, ecological and environmental standards refer to various technical requirements that are formulated by the competent department of ecology and environment under the State Council and provincial-level people's governments in accordance with the law and need to be unified during ecological and environmental protection.
Article 4 Ecological and environmental standards shall be divided into national ecological and environmental standards and local ecological and environmental standards.
National ecological and environmental standards shall consist of national ecological and environmental quality standards, national ecological and environmental risk control standards, national pollutant discharge standards, national ecological and environmental monitoring standards, national basic ecological and environmental standards, and national technical criteria for ecological and environmental management. National ecological and environmental standards shall be implemented throughout the country or within the areas set forth in the standards.
Local ecological and environmental standards shall consist of local ecological and environmental quality standards, local ecological and environmental risk control standards, local pollutant discharge standards, and other local ecological and environmental standards. Local ecological and environmental standards shall be implemented within the administrative region of the province, autonomous region or municipality directly under the Central Government that issues the standards or within the areas set forth in the standards.
Each area in which local ecological and environmental quality standards, local ecological and environmental risk control standards and local pollutant discharge standards have been formulated shall give priority to the implementation of such local standards in accordance with the law.
Article 5 National and local ecological and environmental quality standards, ecological and environmental risk control standards, pollutant discharge standards and other ecological and environmental standards subject to enforcement in accordance with laws and regulations shall be issued in the form of compulsory standards. National and local ecological and environmental standards subject to no enforcement in accordance with laws and regulations shall be issued in the form of recommendatory standards.
Compulsory ecological and environmental standards must be implemented.
Where any recommendatory ecological and environmental standard is quoted by a compulsory ecological and environmental standard, a regulation or an administrative normative document endowed with the effect of enforcement, the quoted contents must be implemented, and the legal effect of the recommendatory ecological and environmental standard per se remains unchanged.
Article 6 The competent department of ecology and environment under the State Council shall, in accordance with the law, formulate and organize the implementation of national ecological and environmental standards, evaluate the implementation thereof, carry out the filing of local ecological and environmental standards, and direct the administration of local ecological and environmental standards.
Provincial-level people's governments shall, in accordance with the law, formulate local ecological and environmental quality standards, local ecological and environmental risk control standards and local pollutant discharge standards, and submit the same to the competent department of ecology and environment under the State Council for filing. Discharge standards for air pollutants from mobile sources such as motor vehicles shall be formulated uniformly by the competent department of ecology and environment under the State Council.
Local competent departments of ecology and environment at all levels shall organize the implementation of ecological and environmental standards to the extent of their respective duties.
Article 7 Ecological and environmental standards shall be formulated following the principles of compliance with laws and regulations, system coordination, scientific feasibility and normative procedures, etc.
To formulate a national ecological and environmental standard, it is a requirement to, in light of the needs of ecological and environmental protection, prepare the standard project plan, organize relevant pubic institutions, industry associations, scientific research institutions, or colleges and universities, among others, to draft the standard, seek comments broadly from relevant state departments, local governments and relevant departments, industry associations, enterprises, public institutions and the public, etc., and organize experts to conduct examination and demonstration. The specific working procedures and requirements shall be formulated separately by the competent department of ecology and environment under the State Council.
Article 8 No ecological and environmental standards to be formulated may add administrative power items not covered by laws and regulations, or reduce statutory duties; set up any item subject to administrative licensing, administrative penalty or administrative compulsion, increase the conditions for administrative licensing, or stipulate the issuance of circular certifications, repeated certifications or unnecessary certifications; illegally impair the legitimate rights and interests of or increase the obligations to citizens, legal persons and other organizations; set forth those items beyond powers which shall be regulated by the market, self-regulated by enterprises and society and self-managed by citizens; or illegally formulate the measures containing elimination or limitation of fair competition, illegally intervene in or affect the normal production and operation activities of market players, or illegally set up the conditions for market access and withdrawal.
No ecological and environmental standards may stipulate the adoption of technologies, products and services of specific enterprises, contain the trade names of specific enterprises, stipulate the use of patented technologies under protection and reagents of which formulations are not in public, or stipulate the use of reagents that are expressly banned or eliminated by the State.
Article 9 Upon issuance of an ecological and environmental standard, an appropriate transition period for implementation shall be set aside.
Before the issuance of ecological and environmental quality standards, ecological and environmental risk control standards, pollutant discharge standards and other standards, the supporting guidelines, standards and specifications with respect to pollution prevention and control, monitoring and law enforcement, among others, and relevant formulation or amendment plans, as well as publicity and training programs for the said standards, shall be clear and definite to ensure the effective implementation of the said standards.
Chapter II Ecological and Environmental Quality Standards
Article 10 Ecological and environmental quality standards shall be formulated with a view to protecting the ecology and environment, safeguarding public health, improving the people's happiness and benefits, promoting sustainable economic and social development, and limiting harmful substances and factors in the environment.
Article 11 Ecological and environmental quality standards shall consist of environmental quality standards for air, environmental quality standards for water, environmental quality standards for the ocean, environmental quality standards for noise, and basic standards for nuclear and radiation safety.
Article 12 Ecological and environmental quality standards to be formulated shall reflect the characteristics of ecological and environmental quality, scientifically and reasonably determine the goals of ecological and environmental protection on the basis of the results of ecological and environmental benchmark research and in line with economic and social development and the public's ecological and environmental quality needs.
Article 13 Ecological and environmental quality standards shall include the following contents:
1. functional classification;
2. control items and limits;
3. monitoring requirements;
4. evaluation methods of ecological and environmental quality; and
5. standard implementation and supervision, etc.
Article 14 Ecological and environmental quality standards shall be the technical bases for carrying out management of ecological and environmental quality objectives, and shall be implemented under the uniform organization of competent departments of ecology and environment.
To implement environmental quality standards for air, water, the ocean and noise, it is a requirement to divide functional areas according to the types of ecological and environmental functions set forth in the standards, specify applicable control item indicators and control requirements, and take measures to meet the requirements of the ecological and environmental quality standards.
During the implementation of the basic standards for nuclear and radiation safety, it is a requirement to ensure that the public exposure risks to nuclear and radiation are controllable.
Chapter III Ecological and Environmental Risk Control Standards
Article 15 Ecological and environmental risk control standards shall be formulated with a view to protecting ecology and the environment, safeguarding public health, promoting the management of ecological and environmental risk screening and classification, maintaining ecological and environmental safety, and controlling harmful substances and factors in the ecological environment.
Article 16 Ecological and environmental risk control standards shall consist of soil pollution risk control standards and other environmental risk control standards as prescribed by laws and regulations.
Article 17 Ecological and environmental risk control standards to be formulated shall, on the basis of such factors as environmental pollution status, public health risks, ecological and environmental risks, environmental background values and the results of ecological and environmental benchmark research, distinguish different protection objects and use functions, and scientifically and reasonably determine the risk control requirements.
Article 18 Ecological and environmental risk control standards shall include the following contents:
1. functional classification;
2. control items and risk control thresholds;
3. monitoring requirements;
4. rules for the use of risk control thresholds; and
5. standard implementation and supervision, etc.
Article 19 Ecological and environmental risk control standards shall be the technical bases for carrying out ecological and environmental risk management.
To implement soil pollution risk control standards, it is a requirement to carry out classification management and risk control subject to land-use purposes so as to realize safe utilization.
Chapter IV Pollutant Discharge Standards
Article 20 Pollutant discharge standards shall be formulated in accordance with ecological and environmental quality standards, economic and technical conditions with a view to improving the ecological and environmental quality, and controlling pollutants and other harmful substances to be discharged into the environment.
National pollutant discharge standards are the basic requirements for pollutant discharge control throughout the country. Local pollutant discharge standards are formulated by local governments as supplementary or more stringent provisions to the national pollutant discharge standards, which shall be applicable to the respective administrative regions, with a view to further improving ecological and environmental quality and optimizing economic and social development.
Article 21 Pollutant discharge standards shall consist of air pollutant discharge standards, water pollutant discharge standards, solid waste pollution control standards, ambient noise discharge control standards and radioactive pollution prevention and control standards, etc.
Discharge standards for water and air pollutants shall be classified into industrial, comprehensive, general, river basin (sea area) or regional pollutant discharge standards according to the applicable objects.
Industrial pollutant discharge standards shall apply to the discharge control of specific industries or product pollution sources; comprehensive pollutant discharge standards shall apply to the discharge control of other industrial pollution sources outside of the scope of the industrial pollutant discharge standards; general pollutant discharge standards shall apply to the discharge control of cross-industry general production technologies, equipment, operation process or specific pollutants and specific discharge methods; river basin (sea area) or regional pollutant discharge standards shall apply to the discharge control of pollution sources in specific river basins (sea areas) or within a regional scope.
Article 22 Industrial or comprehensive pollutant discharge standards to be formulated shall reflect the characteristics of pollutant discharge in the industries subject to control, scientifically and reasonably determine pollutant discharge control requirements mainly on the basis of practical technologies for industrial pollution prevention and control and acceptable ecological and environmental risks.
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