Laws of the People's Republic of China

Reply of the State Council on the Plan for Controlling the Nationwide Total Discharge Volume of Major Pollutants in the 11th Five-year Plan Period

Guo Han [2006] No.70

The Governments of all provinces, autonomous regions and municipalities directly under the central government, the National Development and Reform Commission, the Ministry of Supervision, the State Environmental Protection Administration, and the National Bureau of Statistics,

The Request for Instructions on the Application for Approval to the Plan for Controlling the Nationwide Total Discharge Volume of Major Pollutants in the 11th Five-year Plan Period (Huan Fa [2006]No.90) from the State Environmental Protection Administration and the State Development and Reform Commission has been received and the reply is as follows:

I.

The State Council agrees in principle to the Plan for Controlling the Nationwide Total Discharge Volume of Major Pollutants in the 11th Five-year Plan Period (hereinafter referred as the Plan).

II.

The target to reduce nationwide total discharge volume of the major pollutants by 10% in the 11th Five-year Plan period is a restrictive requirement determined by the Outline of the 11th Five-year Plan for National Economic and Social Development. The local governments in all provinces (autonomous regions, and municipalities directly under the central government) must carry it out strictly, without any dissent. The target for controlling total discharge volume of chemical oxygen demand and sulfur dioxide for each province mentioned in the Plan is the lowest requirement, which shall not be broken up.

III.

All provinces (autonomous regions and municipalities directly under the central government) shall incorporate the target for controlling total discharge volume of major pollutants set in the Plan into both their local 11th Five-year plans and annual plans for economic and social development, by distributing the responsibilities and duties to the lower levels of government and the major enterprises discharging pollutants for implementation. Try to draw up programs for actions, decide on the project measures to be taken and guarantee the funding, implement licensing system for discharging pollutants strictly, carry out strict supervision on the implementation law, intensify supervision on the enterprises by investigating and punishing them severely for illegal discharge of pollutants; simultaneously, try to change the mode of economic development by operable and workable means and reduce pollution from the source, so as to ensure the achievement of the target for controlling the total discharge volume of the pollutants.

IV.

All the related government departments under the State Council shall exert more efforts to give instruction, support and supervision on the implementation of the Plan, according to their own functions and duties. The State Environmental Protection Administration, the State Statistics Bureau and the State Development and Reform Commission shall make public the total discharge volume of major pollutants in all provinces (autonomous regions and municipalities directly under the central government) semiannually, and together with the Ministry of Supervision, carry out annual check and assessment on the implementation of the Plan. The results of the check and assessment shall be reported to the State Council.

Appendix: Plan for Controlling Nationwide Total Discharge Volume of Major Pollutants in the 11th Five-year Plan Period

The State Council

August 5, 2006 Appendix: Plan for Controlling Nationwide Total Discharge Volume of Major Pollutants in the 1th1 Five-year Plan Period

I.

According to the objectives on environmental protection set in the Outline of the 11th Five-year Plan for National Economic and Social Development, (hereinafter referred to as the Outline), we formulate this Plan.

II.

During the 11th Five-year Plan period, the state will carry out planned administration on the total discharge volume of two major pollutants, i.e. chemical oxygen demand and sulfur dioxide, taking the results of environmental statistics in 2005 as the discharge base. It is planned to achieve the target that by 2010, the nationwide total discharge volume of the major pollutants decreases by 10% against that of 2005, specifically referring to that chemical oxygen demand decreases from 14.14million tons to 12.73 million tons and that of sulfur dioxide from 25.49 million tons to 22.94 million tons. Moreover, in the major river basins and sea areas to which the state has given priority in terms of prevention and control of water pollution, the total discharge volume of other pollutants shall also be controlled, such as ammonia nitrogen (total nitrogen), total phosphor, etc, and the control target thereof will be released in each specific plan, implemented by the related regional governments respectively and examined uniformly by the State. And the state will carry out a unified assessment. The regional governments are encouraged to add more kinds of pollutants that shall be controlled with more attention into the local plan for controlling the total discharge volume of pollutants, based on the local environmental conditions.

III.

The distribution principles of the target for controlling the total discharge volume of major pollutants are as follows: on the premise that the nationwide target is completed, the state will implement different policies in different regions, taking into consideration all the differences in such aspects as environment condition, environment capacity, discharge base, level of economic development and ability of reducing pollution in the eastern, middle and western regions as well as the plans for the prevention and control of specific pollutants.

IV.

In the 11th Five-year Plan period, the major project measures for reducing the total discharge volume of chemical oxygen demand lie in accelerating and intensifying the construction and operation management of sewage treatment facilities; and for sulfur dioxide, the measures lie in supervising the construction and operation management of the desulfuration facilities in currently-used and newly-built coal-fired power plants. Simultaneously, more efforts are needed to prevent and control the sources of pollution and strict supervision shall be laid on the implementation of the policies, so that the pollutants are steadily discharged within the required target. Advanced technologies are promoted to be actively used in the projects for newly-built, extended and reconstructed facilities, by strictly carrying out the system of "doing three jobs simultaneously" (designing, construction and putting into operation). According to the national industrial policy, the restructuring and upgrading of the industry shall be accelerated. As a result, the objective of the increase of production without increase of pollution or with the decrease of pollution will be achieved. In the key industries, such as power industry, metallurgical industry, building materials industry, chemical industry, paper-making industry, textile industry, printing and dyeing industry, food and brewing industry, etc, clean production and recycling economy with the decrease of energy consumption and pollution are favored and promoted.

V.

The target for controlling the total discharge volume of chemical oxygen demand and sulfur dioxide is set on the basis of the Outline, so it is obligatory. The local governments shall incorporate the target into both their local 11th Five-year plans and annual plans for economic and social development by distributing the responsibilities and duties to the lower levels of government and the enterprises discharging pollutants. And the plans shall be implemented strictly. By summing up the experience of implementing the system of controlling total discharge volume of pollutants in the 9th and 10th Five-year Plan periods, we draw up the program for actions and administration methods, including implementing licensing system for discharging pollutants, guaranteeing the project measures and funding, carrying out laws strictly, intensifying supervision on the enterprises by investigating and punishing them severely for the illegal discharge of pollutants, so as to ensure the achievement of the targets set in the plans.

VI.

As from 2006, the State Environmental Protection Administration, the State Statistics Bureau and the State Development and Reform Commission will make public the discharge volume of chemical oxygen demand and sulfur dioxide in each locality semiannually, and together with related government departments, carry out annual check and assessment; by 2008, a mid-term assessment on the implementation of the Plan will be carried out, followed by a final one by 2010. The results of the checks and assessments will be announced publicly.