我国应逐步实施基于水质的排污许可管理

我国排污许可管理始于20世纪80年代中后期，经历了从探索、停滞到不断发展的历程.为研究我国排污许可的未来发展方向，对我国排污许可发展的历程和存在的问题，以及美国、欧盟等发达国家和地区的经验进行了分析.从我国排污许可的发展历程来看，我国第一阶段排污许可管理立法层次不高，反复试点、推进力度不够，且经济迅速发展导致污染物负荷量不断增长，客观上增加了排污许可实施的难度.“十三五”以来，我国已初步构建了以行业为基础的排污许可管理体系，但也面临着一系列的问题，主要是按行业发放排污许可难以与地表水水质直接挂钩、部分企业排污许可量过大难以约束企业排污、排污许可证核发任务重难以考虑水质达标要求、缺乏基于水质核发排污许可限值的管理实施细则等.针对上述问题，分析了以美国和欧盟为代表的发达国家和地区的排污许可管理经验，表明基于水质达标是实施排污许可管理的基本法律内涵和发展方向.在国内外排污许可发展经验教训总结的基础上，结合我国目前排污许可的实施进展，建议我国逐步实施基于水质的排污许可管理，主要措施有完善基于水质的行政区、流域和控制单元排污许可总量审核系统，编制和修订排污许可证管理相关技术规范，以水质达标为目标完善流域排放标准，完善基于水质的排污许可监管和处罚机制，尽快开展基于水质的排污许可示范，扩大公众参与等.“十四五”时期，建议我国的排污许可制应从重视系统体系构建，逐步过渡到基于水质的排污许可管理，并制订有针对性的管理法规和政策措施. 

Gradual Implementation of Pollutant Discharge Permit Management Based on Water Quality Targets in China

China's pollutant discharge permit (PDP) management began in the late 1980s and has gone through three stages, i.e., exploration, stagnation, and development. To determine the future development of the PDP, the historical development of similar PDP systems and experiences of the developed countries and regions such as the US and EU were reviewed, and the existing problems were analyzed. According to the PDP development in China, the level of the PDP legislation in the first PDP stage was not sufficient; the trial duration was too long and the promotion of the PDP system was insufficient; and the drastic increase of the pollutant loads induced by the rapid economic growth increased the difficulty of implementing the PDP system. Since the '13th Five-Year Plan', the PDP system was preliminarily established based on the industrial sectors, but was confronted with a series of problems, i.e., the PDP system based on industrial sectors was not directly related to the water quality goals; the permitted discharge limit for some industries was too large to restrain their discharge loads; the approval and issue of the PDP was a heavy task and was difficult to consider the requirements to meet the water quality target; and there was a lack of detailed management and implementation rules for approving and issuing the permit to support the PDP system based on the water quality target. In view of the above problems, the management experiences of the PDP in the US and EU were reviewed and analyzed, and it shows that the compliance of water quality target is the basic legal core and future development direction of the PDP. Based on the summary of the international development of the DPD system and combined with the latest developments in the DPD implementation in China, some policy recommendations for improving PDP management based on the water quality targets were put forward. The suggested measures include: to improve the review and verification of the total load in the PDP system based on the water quality target at the administrative region, watershed and control unit level; to develop and revise technical guidelines for the management of PDP system; to improve the discharge standard in the watersheds with the goal of water quality compliance; to establish and improve the supervision and punishment in the PDP system based on the water quality target; to launch pilot PDP implementations based on water quality targets as soon as possible and enhance the public participation in the PDP management. It is recommended that during the '14th Five-Year Plan', the emphasis in our PDP system should be shifted from framework establishment to the PDP implementation based on the water quality target management, and the pertinent management legislations and policies should be developed and enacted.