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Measures for Public Disclosure of Environmental Information by Enterprises and Public Institutions
 

　　The Measures for Public Disclosure of Environmental Information by Enterprises and Public Institutions were deliberated and passed at the Ministry Meeting of the Ministry of Environmental Protection on December 15, 2014, and are hereby promulgated and shall come into effect on January 1, 2015.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Minister Zhou Shengxian

　　December 19, 2014

　　Measures for Public Disclosure of Environmental Information by Enterprises and Public Institutions

　　Article 1 For the purpose of upholding the rights of citizens, legal persons and other organizations to obtain environmental information in accordance with the law, promoting enterprises and public institutions to truthfully disclose environmental information to the public, and promoting public participation and supervision of environmental protection, these Measures are formulated in accordance with the relevant laws and regulations such as the Environmental Protection Law of the People's Republic of China and the Interim Regulations on the Public Disclosure of Enterprise Information.

　　Article 2 The Ministry of Environmental Protection shall be responsible for guiding and supervising the public disclosure of environmental information by enterprises and public institutions nationwide.

　　Environmental protection authorities at or above the county level shall be responsible for guiding and supervising the public disclosure of environmental information by enterprises and public institutions within their respective administrative regions.

　　Article 3 Enterprises and public institutions shall, in accordance with the principle of combining mandatory disclosure with voluntary disclosure, disclose their environmental information in a timely and truthful manner.

　　Article 4 Environmental protection authorities shall establish and improve a system for guiding and supervising the public disclosure of environmental information by enterprises and public institutions. The funds required for environmental protection authorities to conduct guidance and supervision of the public disclosure of environmental information by enterprises and public institutions shall be included in the administrative budget of their departments.

　　Environmental protection authorities with the necessary conditions may establish a platform for the public disclosure of environmental information by enterprises and public institutions.

　　Enterprises and public institutions shall establish and improve their own systems for the public disclosure of environmental information and designate an institution to be responsible for the daily work of public disclosure of environmental information.

　　Article 5 Environmental protection authorities shall establish a credit rating system for the environmental behavior of enterprises and public institutions based on the environmental information disclosed by enterprises and public institutions and the environmental regulatory information of government departments.

　　Article 6 If the environmental information of enterprises and public institutions involves state secrets, trade secrets, or personal privacy, it may not be disclosed in accordance with the law; if otherwise provided by laws and regulations, such provisions shall prevail.

　　Article 7 The environmental protection authorities of the municipal people's governments at the prefecture level and above shall, before the end of March each year, determine the list of key polluting units within their respective administrative regions and publicize it through government websites, newspapers, radio, television and other means that are easily accessible to the public.

　　When determining the list of key polluting units, the environmental protection authorities shall comprehensively consider the environmental capacity of their administrative regions, the requirements of the total control indicators for key pollutants, and factors such as the types, quantities and concentrations of pollutants discharged by enterprises and public institutions.

　　Article 8 Enterprises and public institutions meeting any of the following conditions shall be included in the list of key polluting units:

　　(1) Those identified as key monitoring enterprises by the environmental protection authorities of the people's governments at or above the prefecture level;

　　(2) Provincial-level key laboratories or above, secondary hospitals or above, and centralized pollutant disposal units in the chemical, pharmaceutical and biological industries with testing, analysis and testing functions, whose pollutant discharge behavior has attracted widespread public attention or may have a significant impact on environmentally sensitive areas;

　　(3) Those that have experienced major or above sudden environmental events within three years or have caused significant social impact due to environmental pollution problems;

　　(4) Other situations that need to be included.

　　Article 9 Key polluting units shall disclose the following information:

　　(1) Basic information, including the unit's name, organizational code, legal representative, production address, contact information, as well as the main content, products and scale of production, operation and management services;

　　(2) Sewage discharge information, including the names of major pollutants and characteristic pollutants, discharge methods, number and distribution of discharge outlets, discharge concentrations and total amounts, exceeding standards, as well as the implemented pollutant discharge standards and the approved total discharge amounts;

　　(3) Construction and operation of pollution control facilities;

　　(4) Environmental impact assessment of construction projects and other environmental protection administrative permits;

　　(5) Emergency plan for sudden environmental events;

　　(6) Other environmental information that should be disclosed.

　　Key polluting units included in the national key monitoring enterprise list shall also disclose their environmental self-monitoring plans.

　　Article 10 Key polluting units shall disclose environmental information through their websites, enterprise and public institution environmental information disclosure platforms, or local newspapers and other means that are easily accessible to the public, and may also use one or more of the following methods:

　　(1) Announcements or publicly issued information bulletins;

　　(2) News media such as radio and television;

　　(3) Information disclosure service and supervision hotline;

　　(4) Material collection points, information disclosure columns, information kiosks, electronic screens, electronic touch screens and other venues or facilities of the unit;

　　(5) Other methods that facilitate the timely and accurate acquisition of information by the public.

　　Article 11 Key polluting units shall disclose the environmental information specified in Article 9 of these Measures within ninety days after the environmental protection authorities publish the list of key polluting units; if new environmental information is generated or changes occur, key polluting units shall disclose it within thirty days from the date of generation or change of the environmental information. If otherwise provided by laws and regulations, such provisions shall prevail.

　　Article 12 Enterprises and public institutions other than key polluting units may disclose their environmental information in accordance with the provisions of Articles 9, 10 and 11 of these Measures.

　　Article 13 The state encourages enterprises and public institutions to voluntarily disclose relevant information that is conducive to ecological protection, pollution prevention and control, and the fulfillment of social environmental responsibilities.

　　Article 14 Environmental protection authorities have the right to supervise and inspect the public disclosure of environmental information by key polluting units. Those being inspected shall truthfully reflect the situation and provide the necessary materials.

　　Article 15 Environmental protection authorities shall publicize and guide the public to supervise the work of environmental information disclosure by enterprises and institutions.

　　Citizens, legal persons and other organizations that find that key polluting units have not disclosed environmental information in accordance with the law have the right to report to the environmental protection authorities. The environmental protection authorities that receive the report shall keep the relevant information of the reporter confidential and protect the legitimate rights and interests of the reporter.

　　Article 16 Key polluting units that violate the provisions of these Measures and have any of the following acts shall be ordered by the environmental protection authorities at or above the county level to disclose the information in accordance with the provisions of the "Environmental Protection Law of the People's Republic of China", and shall be fined no more than 30,000 yuan and be publicly announced:

　　(1) Failure to disclose environmental information or failure to disclose environmental information in accordance with the content stipulated in Article 9 of these Measures;

　　(2) Failure to disclose environmental information in accordance with the methods stipulated in Article 10 of these Measures;

　　(3) Failure to disclose environmental information within the time limit stipulated in Article 11 of these Measures;

　　(4) The disclosed content is untrue or fabricated.

　　If there are other provisions in laws and regulations, those provisions shall prevail.

　　Article 17 The interpretation of these Measures shall be the responsibility of the environmental protection authorities of the State Council.

　　Article 18 These Measures shall come into force on January 1, 2015.