In China, the new Measures for the License Administration of Qualification for Operation of Environmental Pollution Control Facilities have been published on 30 April 2012 to replace the old 2004 version.
This regulation specifies three levels of license qualification depending on the way a pollution control unity get its qualification license approved. Level A is issued by China’s MEP; level B and the temporary license get approved by the competent provincial authorities. Facilities run by automatic continuous monitoring can only apply for Level B and the temporary level; the other environmental pollution control facilities can do with all the three levels. Level A and B licenses have a validity term of 5 five years; the temporary license 2 years.
Based on their specific functions, a license will also be divided as specialized types of domestic sewage, industrial effluent, dust removal/desulfuration/denitration, industrial waste gas, industrial solid waste (exclusive of dangerous wastes), organic waste, house refuse, or automatic continuous monitoring, and etc.
In order to better clarify the validity of licensing, the new rule regulates that a group corporation and its branch office that has an independent legal personality must apply for respective licenses to operate pollution control facilities. It also makes clear that relevant competent authority at the place where the pollution control facility is located has no right to ask a license holder or the non-independent-legal-subsidiaries of the license holder to repeatedly apply for the license or other similar certificates, since the license is valid across the country.
As regard the annual evaluation of the license, the license holder should compile and submit before the 31st December of each year an evaluation report recording detailed information on facility running conditions, pollutant emission conformity, secondary pollution control, problems and self-correction proposals, etc.
This new regulation is to take effect on 1 August 2012.
