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Characteristics and Enlightenment of Foreign Pollution Discharge License Management
Source of articles : Tebaoluo Release time : 2019-04-04 Browse volume :

Emission permits are an internationally accepted basic system of environmental management. The United States was one of the first countries to establish a sewage permit system, and the implementation of the policy was relatively good. Relevant experience is worth learning.

Take the US sewage discharge permit as an example. The US sewage permit began in the 1970s and was based on the Clean Water Act. The Clean Water Act stipulates that any act of discharging pollutants from a point source to a water body, whether or not it will cause pollution to the receiving water body, must obtain a discharge permit and comply with the discharge limit standards and pollution discharge schedules specified in the permit. Otherwise it is illegal. The US Environmental Protection Agency and the State Environmental Protection Agency are the license issuing departments. Their characteristics and inspirations are as follows:


First, the sewage permit meets multiple standards at the same time, and the core goal is to improve water quality. US sewage discharge permits must meet emission and water quality standards as well as maximum daily load requirements, so that point source pollution control is directly linked to improved water quality. The license controls point source pollution emissions from both technology-based emission limits and water quality standards. The maximum daily load total management is a pollution distribution tool for repairing substandard water bodies. It can generally consider point source and non-point source that affect non-standard water bodies, and distribute pollution load among all point sources and non-point sources. . The maximum daily load is not mandatory and needs to be controlled through a pollutant discharge permit, voluntary emission reduction activities supported by federal grants (such as non-point source pollution control), state and local laws and decrees, personal and voluntary actions. Currently, the federal and state governments have established maximum daily load distribution plans for 70,000 damaged water bodies.


Second, the sewage discharge permit is issued by the US Environmental Protection Agency and the State Environmental Protection Agency. The US Environmental Protection Agency has 48 staff members who are responsible for licensing matters. From the point of view of the license, they are mainly responsible for the issuance of general licenses for ships, buildings, rainwater, etc., as well as the review of all license applications. At the same time, the US Environmental Protection Agency authorized the state government to implement relevant licensing and supervision. As of August 2015, 46 states and the Virginia Islands were authorized to issue all or part of the license in the region. Typically, the US Environmental Protection Agency will not process the license issued or issued by the state, but the US Environmental Protection Agency must check the license issued by the state and have the right to object to the content of the license that contradicts the federal requirements. For states that are not authorized by the US Environmental Protection Agency or are not fully licensed, the license is issued by the US Environmental Protection Agency Regional Office.


Third, the coverage of pollutants is wide, and classified management is implemented for different point sources. US license management defines a wide range of pollutants, including any type of industrial, municipal, and agricultural waste discharged into the water, divided into three categories: conventional pollutants (BOD5, total suspended solids, coliforms, pH, Oils and fats), toxic pollutants (heavy metals and man-made organic compounds) and unconventional pollutants (ammonia, nitrogen, phosphorus, COD, etc.). Different licenses are issued for different point sources. From the perspective of management, they are divided into general licenses and individual licenses, and then classified according to the types of pollutant discharge facilities. The general permit does not require individual application, and the approval process is simple and applicable to specific sewage facilities of a certain common nature in a certain geographical area. These include: rainwater point sources, facilities in similar or substantially similar industries, facilities that discharge similar waste or engage in the same type of wastewater use and disposal activities, facilities that require the same emission limits and operating conditions for sewage sludge utilization and disposal. Facilities that require the same or similar monitoring measures. An individual license is a license specifically for an individual facility that specifies special restrictions and requirements for the specific characteristics, functions, etc. of the facility. The license is valid for 5 years. Before the license expires, the operator of the sewage equipment must apply for a new license.


Fourth, the license is an important basis for law enforcement, and enforcement is enforced on the principle of high illegal costs. Article 309 of the Clean Water Act provides for various types of penalties for illegal sewage disposal. The competent environmental protection department may follow the discharge monitoring and facility inspections in the permit. If the facility violates the license limits and terms, the license management agency may promptly discover and correct the violation of the license. . According to the illegal behavior, the civil or criminal liability of the illegal enterprise can be investigated. Civil law enforcement includes administrative penalties taken by the Environmental Protection Agency, penalties imposed by the judiciary on behalf of the Environmental Protection Agency and other departments, and litigations filed by citizens. Fines are calculated on a per-contaminant basis and are linked to daily levies. For example, if a company has 16 contaminants and 7 are non-compliant, a fine of up to $32,500 per day for each violation can be calculated at $2,500 per day. The civil fine was handed over to the US Treasury and incorporated into the state treasury.


The fifth is to develop specific and detailed technical guidelines that are both scientific and flexible, and enhance enforceability. To implement the permit requirements, the US Environmental Protection Agency has developed a National Pollutant Emissions Reduction System Guide, which provides a detailed description of the application process, technology-based emission limits, water quality-based emission limits, monitoring and reporting requirements, special circumstances, and Content adjustment, administrative procedures, implementation and enforcement, etc., provide reference for the preparation of enterprise licenses. Technology-based emission limits are minimum effluent water quality requirements based on the availability of technology and funding. At present, the US Environmental Protection Agency has established emission limit guidelines and specifications for 55 industries and more than 90 economic sectors. If the emission limit guidelines are not required, their emission limits need to be developed one by one in the license based on the “best professional judgement of the licensee”. Regarding the determination of the amount in the fine, a mathematical model was developed specifically, and different fines were formulated for more than 30 industries.



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