On December 19, 2024, the Ministry of Ecology and Environment issued the "Regulations on Ecological Environment Monitoring (Draft for Comments)". The Regulation is divided into seven chapters with a total of 45 articles, including General Provisions, Ecological Environment Quality Monitoring, Pollution Source Monitoring, Monitoring Data Quality Assurance, Supervision and Management, Legal Responsibility, and Supplementary Provisions. It focuses on establishing systems for ecological environment monitoring point management, pollution source monitoring management, monitoring data quality assurance, and monitoring institution supervision and management.

Primary Coverage

Chapter One "General Provisions" consists of 11 articles. This chapter is the outline of the Regulations, which clarifies the legislative purpose, basis, scope of application, as well as the definition, working principles, and management system of ecological environment monitoring. The Regulation divides monitoring activities into two categories: ecological environment quality monitoring and pollution source monitoring. The planning, network organization, data collection and sharing involved in both types of monitoring activities are included in the general provisions section.

Chapter 2 "Monitoring of Ecological Environment Quality" consists of four articles. This chapter specifies the planning and establishment of ecological environment quality monitoring stations, station management and protection, organization and implementation of ecological environment quality monitoring activities, and release of monitoring information. We have established a management system for ecological environment quality monitoring stations, clarifying the responsible parties, management content, construction and operation guarantees, delineation of protection or impact areas, and prohibition of activities.

Chapter 3 "Pollution Source Monitoring" consists of 5 articles. This chapter specifies the basic requirements, monitoring methods, over limit reporting and verification, information disclosure, data application, and other related content for self-monitoring by polluting units. Emphasis was placed on the fact that polluting units should conduct self-monitoring in accordance with the law. Key polluting units and those implementing key management of pollutant discharge permits should install, use, and maintain automatic monitoring equipment for pollutant emissions, and be connected to the ecological environment department. The self-monitoring data of polluting units can be used as the basis for calculating pollutant emissions in the implementation report of pollutant discharge permits, environmental protection taxes, etc.

Chapter 4 "Quality Assurance of Monitoring Data" consists of 9 articles. This chapter mainly provides regulations on establishing and improving the quality assurance system for monitoring data, prohibiting tampering and forgery of monitoring data, and preventing and prohibiting improper intervention. In terms of data quality "fidelity", it is stipulated that monitoring activities and equipment used should comply with standard specifications. The main monitoring stations should be equipped with video surveillance, and monitoring institutions and personnel should have the basic conditions to carry out monitoring work. Government departments, polluting units, and monitoring institutions that carry out monitoring activities should establish monitoring data quality management or quality control systems, and be responsible for the authenticity and accuracy of monitoring data. In response to issues such as unclear data quality responsibilities and mutual shirking between the entrusting party and the entrusted party, it has been specifically clarified that the unit entrusted to carry out monitoring activities should strengthen supervision over the entrusted unit and its monitoring activities through verifying the technical capabilities of the entrusted monitoring institution, witnessing on-site monitoring activities, and signing and confirming relevant original records, and assume corresponding legal responsibilities. In terms of preventing data fraud, it has been clarified that no unit or individual may tamper with or falsify monitoring data, and specific circumstances have been refined; It emphasizes that monitoring agencies should conduct monitoring independently, objectively, and impartially. Local governments at all levels, their responsible persons, and commissioned units shall not request, instruct, imply tampering or forgery of monitoring data or affect or interfere with monitoring results. No unit or individual shall designate monitoring agencies for polluting units.

Chapter 5 "Supervision and Management" consists of 5 articles. This chapter specifies the responsibilities and authorities for supervising and inspecting monitoring activities, uploading monitoring activity information, credit records, reporting, and confidentiality. It is emphasized that ecological and environmental authorities at all levels and relevant departments have the right to conduct on-site inspections of monitoring institutions, access various materials, and seize tools and equipment engaged in illegal monitoring activities. Units carrying out ecological environment monitoring activities shall record relevant data, materials, and other information during the monitoring process in accordance with regulations, and upload them to the national ecological environment monitoring and management platform.

Chapter 6 "Legal Liability" consists of 9 articles. Clearly define the legal responsibilities that need to be borne for violating the regulations. In particular, strict legal responsibilities have been established for tampering with and falsifying monitoring data, and "double penalties" have been imposed on polluting units and monitoring institutions, institutions and personnel, directly responsible supervisors, and other directly responsible personnel. Depending on the severity of the circumstances, varying degrees of business bans have been imposed.

Chapter 7 "Supplementary Provisions" consists of two articles. It mainly stipulates the implementation time of exception clauses and regulations.

Regulations on Ecological Environment Monitoring (Draft for Comments)

Chapter 1 General Provisions

Article 1: In order to strengthen the management of ecological environment monitoring, standardize ecological environment monitoring activities, ensure the quality of ecological environment monitoring data, provide strong support for promoting ecological civilization construction, and promote high-quality economic and social development, this regulation is formulated.

Article 2: This Regulation shall apply to the ecological environment monitoring and related activities carried out in the territory of the People's Republic of China and other sea areas under its jurisdiction.

The investigation and monitoring of natural resources, hydrological monitoring, soil and water conservation monitoring, and meteorological monitoring shall be subject to the provisions of relevant laws and administrative regulations.

Article 3: The ecological environment monitoring referred to in these Regulations includes monitoring of ecological environment quality and monitoring of pollution sources.

Ecological environment quality monitoring refers to the activities of the government and its relevant departments in implementing ecological environment management and decision-making, monitoring, measuring, analyzing various ecological environment elements and related factors, evaluating the status of ecological environment quality, and predicting its changing trends.

Pollution source monitoring refers to the activity of monitoring, measuring, and analyzing various types of pollution sources in order to understand the sources, types, concentrations, and their impact on the surrounding environmental quality of pollutant emissions. This includes self-monitoring by enterprises, institutions, and other production and operation units (hereinafter referred to as pollutant discharge units) that implement pollutant discharge permit management in accordance with legal provisions, as well as law enforcement monitoring by ecological environment authorities.

Article 4 The work of ecological environment monitoring shall adhere to the leadership of the CPC, implement the Party's and the State's lines, policies, decisions and arrangements, and build a pattern of ecological environment monitoring led by the government, coordinated by departments, enterprises performing their responsibilities, social participation, and public supervision.

Article 5: The state shall establish and improve an ecological environment monitoring system and a modern ecological environment monitoring system.

The people's governments at or above the county level shall strengthen their support and guarantee for ecological environment monitoring work, and include the required funds in their respective budgets.

Article 6: Ecological environment monitoring shall adhere to lawful monitoring, scientific monitoring, and honest monitoring, ensure the authenticity and accuracy of monitoring data, and enhance the credibility and authority of monitoring data.

Local people's governments at or above the county level shall establish and improve a responsibility system and working mechanism for preventing and punishing the falsification of ecological environment monitoring data.

Article 7: The competent department of ecological environment under the State Council is responsible for ecological environment monitoring, supervision and management. The relevant departments of the State Council, including natural resources, water conservancy, agriculture and rural areas, transportation, housing and urban-rural development, health, forestry and grassland, meteorology, market supervision and management, are responsible for the supervision and management of ecological environment monitoring in accordance with their respective responsibilities.

The ecological environment department of the local people's government is responsible for the monitoring, supervision and management of the ecological environment within its administrative region. The relevant departments of the local people's government shall be responsible for the supervision and management of ecological environment monitoring within their respective administrative regions in accordance with their respective responsibilities.

Article 8: The competent department of ecological environment under the State Council shall, in conjunction with relevant departments of the State Council, formulate a national ecological environment monitoring plan and organize its implementation. The ecological environment supervisory department of the people's government at or above the city level, in conjunction with relevant departments at the same level, shall formulate the ecological environment monitoring plan for its administrative region and organize its implementation.

The ecological environment monitoring plan should include development goals, main tasks, monitoring network construction, safeguard measures, and other contents.

Article 9: The competent department of ecological environment under the State Council shall, in conjunction with relevant departments of the State Council, organize the national ecological environment monitoring network. The ecological environment supervisory department of the local people's government at or above the city level, in conjunction with relevant departments at the same level, shall organize the local ecological environment monitoring network in their administrative region.

The organization of ecological environment monitoring network should comply with the requirements of ecological environment monitoring planning, follow the principles of reasonable layout, complete functions, and joint construction and sharing, and adhere to comprehensive point setting and nationwide networking.

Article 10: The state shall establish and improve the system for the collection, integration, and sharing of ecological environment monitoring data, and strengthen the management, development, sharing, and application of ecological environment monitoring data resources.

Article 11: The state encourages and supports the research, development, and application of ecological environment monitoring science and technology, promotes the informatization construction of ecological environment monitoring, strengthens the training of ecological environment monitoring technology talents, and improves the level of ecological environment monitoring science and technology.

Units and individuals who have made outstanding contributions in ecological environment monitoring work shall be commended and rewarded in accordance with relevant national regulations.

Chapter 2 Monitoring of Ecological Environment Quality

Article 12: The competent department of ecological environment under the State Council shall uniformly plan the establishment of national ecological environment quality monitoring stations (points), and, in conjunction with relevant departments of the State Council, establish, adjust, and revoke national ecological environment quality monitoring stations (points) in accordance with their respective responsibilities.

The ecological environment department of the local people's government shall uniformly plan the establishment of local ecological environment quality monitoring stations (points) at the same level, and, in conjunction with relevant departments at the same level, establish, adjust, and revoke local ecological environment quality monitoring stations (points) according to their respective responsibilities, and report to the ecological environment department of the higher-level people's government or relevant departments for filing.

Local governments shall provide necessary land, water, electricity, network, transportation and other guarantees for the construction and operation of ecological environment quality monitoring stations (points) in accordance with relevant national regulations, and determine the protection or impact scope of ecological environment quality monitoring stations (points) in accordance with ecological environment monitoring standards.

No unit or individual shall occupy or damage ecological environment quality monitoring stations (points) and their equipment, and shall not engage in activities that affect the normal operation of ecological environment quality monitoring stations (points) and their equipment within the protection or influence range of ecological environment quality monitoring stations (points).

Article 13: The competent department of ecological environment under the State Council shall, in conjunction with relevant departments of the State Council, organize the nationwide monitoring of ecological environment quality.

The ecological environment department of the local people's government, together with relevant departments at the same level, shall organize and carry out ecological environment quality monitoring in the administrative region.

Article 14: Units and individuals engaged in ecological environment quality monitoring shall not disclose or provide to others the sampling time, location, and method known in their work in violation of relevant national regulations.

Article 15: The ecological environment department of the people's government at or above the provincial level shall uniformly release ecological environment quality monitoring information and regularly release ecological environment status bulletins. If the information released by other relevant departments of the people's government at or above the provincial level involves the monitoring of ecological environment quality, they shall consult and agree with the ecological environment competent department at the same level, or adopt the ecological environment quality monitoring information uniformly released by the ecological environment competent department.

Other units and individuals are not allowed to illegally release ecological environment quality monitoring information.

Chapter 3 Monitoring of Pollution Sources

Article 16: Polluting units shall conduct self-monitoring of the pollutants they discharge in accordance with the law and keep original monitoring records. The retention period of original monitoring records shall not be less than 5 years.

Article 17: Polluting units may conduct self-monitoring through manual monitoring, automatic monitoring, or a combination of manual and automatic monitoring. The actual methods adopted shall be consistent with the contents stated in the pollutant discharge permit.

Key polluting units and those implementing key management of pollutant discharge permits shall install, use, and maintain automatic monitoring equipment for pollutant emissions (hereinafter referred to as automatic monitoring equipment), and connect it to the monitoring equipment of the ecological environment department. Encourage other polluting units to install, use, and maintain automatic monitoring equipment.

Article 18: If a pollutant discharge unit discovers that its pollutant emissions exceed the standard through self-monitoring, it shall promptly report to the local ecological environment department at or above the county level and take measures to prevent or reduce pollution.

If the ecological environment supervisory department discovers that the pollutant discharge concentration of the polluting unit exceeds the permitted discharge concentration, it shall require the polluting unit to provide self-monitoring data and other relevant materials for verification, and if necessary, organize on-site monitoring.

Article 19: Polluting units shall truthfully disclose their self-monitoring work and monitoring data on the national pollutant discharge permit management information platform in accordance with the provisions of the pollutant discharge permit. Article 20: The monitoring data obtained by pollutant discharge units through self-monitoring can be used as the basis for calculating pollutant emissions in pollutant discharge permit execution reports, environmental protection taxes, ecological environment statistics, etc.

The competent department of ecological environment should strengthen the monitoring of pollution sources. If the self-monitoring data of the pollutant discharge unit is inconsistent with the monitoring data collected by the ecological environment department during administrative law enforcement, the monitoring data collected by the ecological environment department shall be used as the basis for administrative law enforcement.

Chapter 4 Quality Assurance of Monitoring Data

Article 21: Ecological environment monitoring shall comply with the requirements of ecological environment monitoring norms and standards.

The norms and standards for ecological environment monitoring shall be formulated and supervised by the competent department of ecological environment under the State Council.

Article 22: Ecological environment monitoring equipment shall comply with relevant national standards and undergo verification, calibration, and comparison in accordance with relevant national regulations to ensure accurate measurement values.

If the polluting unit discovers abnormal data transmission from the automatic monitoring equipment, it shall promptly report to the ecological environment department and conduct inspection and repair.

Article 23: The self-monitoring points and monitoring stations for ecological environment quality monitoring, key polluting units, and key management of pollutant discharge permits shall be equipped with video monitoring equipment that can obtain the main monitoring activities and the operation of monitoring equipment, and shall be connected to the ecological environment management department. The retention period of the video shall not be less than 1 year.

Article 24: The ecological environment supervisory department and relevant departments that organize and carry out ecological environment quality monitoring shall establish and improve the monitoring data quality management system. Polluting units that conduct self-monitoring shall establish and improve the monitoring data quality control system and operate effectively, and be responsible for the authenticity and accuracy of the monitoring data.

Article 25: No unit or individual shall engage in the following acts of tampering or forging monitoring data:

（1） Replace, conceal, abandon monitoring samples, or alter the pollutant concentration, composition, status, and other properties of monitoring samples by changing the sampling point location, time, etc. without authorization, interfering with the sampling environment or sampling activities;

（2） Intentionally omitting monitoring items, changing monitoring conditions, or changing inspection methods without authorization;

（3） Tampering or forging monitoring data through abnormal operation or destruction of monitoring equipment and auxiliary facilities, improper modification of monitoring instruments and equipment parameters, use of software and hardware cheating tools, and other means;

（4） Directly issuing monitoring reports without conducting substantive ecological environment monitoring activities, fabricating original records or monitoring data, monitoring time and other information;

（5） Other acts of tampering or forging monitoring data.

Article 26: Institutions (hereinafter referred to as monitoring institutions) entrusted by the ecological environment management department or relevant departments or pollutant discharge units to carry out ecological environment monitoring shall have corresponding facilities, equipment, technical capabilities, and technical personnel in accordance with relevant national regulations. Sampling and analysis personnel, data audit personnel, and equipment operation and maintenance personnel shall have relevant professional backgrounds and work experience, and have undergone corresponding training and assessment.

Monitoring institutions engaged in ecological environment inspection and testing activities shall obtain the qualification certification of inspection and testing institutions in accordance with the law, and other monitoring institutions shall file with the ecological environment competent department of the city level people's government where they are located in accordance with relevant national regulations.

The specific management measures for monitoring institutions shall be formulated by the competent department of ecological environment under the State Council.

Article 27: The entrusted monitoring institution shall independently, objectively, and impartially carry out ecological environment monitoring, and shall not simultaneously carry out ecological environment monitoring activities that have conflicts of interest.

The monitoring agency accepts the commission to carry out ecological environment monitoring, and the provisions of Article 24 and Article 25 of this Regulation shall apply.

No unit or individual shall designate monitoring agencies for polluting units.

Article 28: The competent department in charge of ecological environment or relevant departments, as well as the polluting units, shall verify the technical capabilities of the monitoring institutions to be entrusted, and shall not entrust monitoring institutions without corresponding technical capabilities to carry out ecological environment monitoring.

The commissioning unit shall arrange a dedicated person to witness the on-site monitoring activities of the monitoring institution, and sign and confirm the original records of monitoring time, point layout, production conditions, sample preservation, etc.

The commissioning unit shall bear corresponding legal responsibilities for the ecological environment monitoring carried out by the monitoring institution.

Article 29: Local people's governments at all levels and their responsible persons shall not demand, instruct, or imply in any way that relevant units or individuals tamper with or falsify ecological environment quality monitoring data, or affect or interfere with ecological environment quality monitoring results. They shall not retaliate against units and individuals who perform their duties in accordance with the law or refuse or resist illegal activities in ecological environment monitoring.

Units that entrust monitoring agencies to carry out ecological environment monitoring shall not request, instruct, or imply in any way that monitoring agencies and their personnel tamper with or falsify monitoring data, or affect or interfere with monitoring results.

Chapter 5 Supervision and Management

Article 30: The ecological environment management department and relevant departments shall strengthen the supervision and inspection of ecological environment monitoring activities within their respective responsibilities.

Article 31: The competent department of ecological environment and relevant departments shall perform their supervisory and inspection duties in accordance with the law and have the right to take the following measures:

（1） Enter the polluting units and monitoring institutions for on-site inspection and conduct on-site monitoring;

（2） Inquire about the situation from relevant units and personnel;

（3） Search and copy contracts, bills, account books, and other relevant materials;

（4） Seize and detain places, tools, equipment, etc. used for illegal ecological environment monitoring activities.

The ecological environment supervisory department and relevant departments shall fulfill their supervisory and inspection responsibilities in accordance with the law. The inspected units and their personnel shall cooperate and shall not refuse or obstruct.

The ecological environment management department and relevant departments and their staff shall have the obligation to keep confidential the state secrets and commercial secrets known during supervision and inspection in accordance with the law.

Article 32: The competent ecological environment department of the State Council shall organize the establishment of a national ecological environment monitoring and management platform, and achieve information sharing with relevant departments of the State Council.

Units conducting ecological environment monitoring activities shall truthfully record relevant data, materials, and other information during the monitoring process in accordance with relevant national regulations, and upload them to the national ecological environment monitoring and management platform.

Article 33: Any unit or individual has the right to report any violation of the provisions of these Regulations to the competent department of ecological environment and relevant departments. The department receiving the report shall handle it in a timely manner in accordance with the law, provide feedback on the handling results to the reporter in accordance with relevant national regulations, and keep the reporter confidential.

Article 34 The competent department of ecological environment under the State Council shall, in conjunction with relevant departments of the State Council, establish a credit record system for ecological environment monitoring, and include information on administrative penalties imposed on relevant units or individuals for violating the provisions of these Regulations into the relevant national credit information system, and publish it to the public in accordance with the law.

Chapter 6 Legal Liability

Article 35: Those who occupy or damage ecological environment quality monitoring stations (points) and their equipment, or engage in behaviors that affect the normal operation of ecological environment quality monitoring stations (points) and their equipment within the protection or influence range of ecological environment quality monitoring stations (points), shall be ordered to make corrections by the ecological environment competent department or relevant departments and fined not less than 20000 yuan but not more than 200000 yuan.

Units and individuals engaged in ecological environment quality monitoring who violate relevant national regulations by leaking or providing others with the sampling time, location, and method known in their work shall be punished in accordance with the provisions of the preceding paragraph.

Article 36: Those who violate the provisions of these Regulations by illegally publishing ecological environment quality monitoring information shall be ordered to make corrections by the competent ecological environment department and may be fined up to 100000 yuan.

Article 37: If a pollutant discharging unit falls under any of the following circumstances, the competent department of ecological environment shall order it to rectify and impose a fine of not less than 20000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification:

（1） Failure to conduct self-monitoring of pollutants discharged in accordance with the law or failure to keep original monitoring records as required;

（2） Self monitoring does not meet the requirements of ecological environment monitoring norms and standards;

（3） The actual technical measures adopted for self-monitoring are inconsistent with the content stated in the pollutant discharge permit;

（4） Using monitoring equipment that does not comply with relevant national standards or failing to verify, calibrate, and compare monitoring equipment in accordance with relevant national regulations;

（5） Failure to install, use, and maintain automatic monitoring equipment in accordance with regulations and connect it to the monitoring equipment of the ecological environment management department;

（6） The monitoring points and station buildings are not equipped with video surveillance equipment and connected to the ecological environment management department according to regulations, or the videos are not saved according to regulations;

（7） Failure to report excessive pollutant emissions or abnormal data transmission from automatic monitoring equipment to the ecological environment management department;

（8） Failure to disclose or inaccurately disclose the progress of self-monitoring work and monitoring data in accordance with regulations;

（9） Failure to establish and improve the monitoring data quality control system in accordance with regulations;

（10） Entrusting monitoring agencies without corresponding technical capabilities to carry out ecological environment monitoring, or not arranging dedicated personnel to witness the on-site monitoring activities of the entrusted monitoring agencies and sign and confirm the relevant original records.

Article 38: If a monitoring institution falls under any of the following circumstances, the competent department of ecological environment or relevant departments shall order it to make corrections, confiscate its illegal gains, and impose a penalty of more than twice the illegal gains

Fines up to five times the amount; If there are no illegal gains or the illegal gains are less than 50000 yuan, a fine of not less than 50000 yuan but not more than 250000 yuan shall be imposed; Those with serious circumstances shall be ordered to suspend business for rectification:

（1） Not having the corresponding facilities, equipment, technical capabilities, and technical personnel, or not establishing a monitoring data quality control system, accepting the commission to carry out ecological environment monitoring;

（2） Conducting ecological environment monitoring does not comply with the requirements of ecological environment monitoring norms and standards;

（3） Simultaneously carrying out ecological environment monitoring activities with conflicting interests;

（4） Using monitoring equipment that does not comply with relevant national standards or failing to verify, calibrate, and compare monitoring equipment in accordance with relevant national regulations.

If the monitoring institution fails to register according to regulations, or fails to upload relevant monitoring activity information to the national ecological environment monitoring and management platform in accordance with regulations, the ecological environment competent department shall order it to make corrections and may impose a fine of up to 5000 yuan; Those who refuse to make corrections shall be fined between 5000 yuan and 20000 yuan.

Article 39: If a pollutant discharge unit or monitoring institution alters or forges ecological environment monitoring data, the competent department of ecological environment or relevant departments shall order it to rectify and impose a fine of not less than 500000 yuan but not more than 2 million yuan; If the directly responsible supervisor and other directly responsible personnel are public officials, they shall be punished in accordance with the law; For those with serious circumstances, they shall be ordered to suspend production or business for rectification. Monitoring institutions engaged in ecological environment inspection and testing activities may have their inspection and testing qualification certification revoked by the market supervision and management department.

If a monitoring institution is punished for the illegal acts specified in the preceding paragraph, the directly responsible person in charge and other directly responsible personnel shall be fined not less than one time but not more than three times the income obtained from the institution in the previous year, and shall be prohibited from engaging in ecological environment monitoring activities for three years. If the income obtained is less than 50000 yuan, it shall be calculated as 50000 yuan; Those with serious circumstances are prohibited from engaging in ecological environment monitoring activities for life.

If a polluting unit requests, instructs, or implies that its entrusted monitoring agency alters or forges monitoring data or affects or interferes with monitoring results, it shall be punished in accordance with the provisions of the first paragraph of this article.

Article 40: Those who refuse or obstruct the ecological environment supervisory department or relevant departments from carrying out supervision and inspection in accordance with the law shall be ordered to make corrections and given a warning by the ecological environment supervisory department or other departments responsible for supervision and management; For serious cases, a fine of not less than 20000 yuan but not more than 200000 yuan shall be imposed.

Article 41: If local people's governments at all levels, ecological environment departments, relevant departments, and their staff violate the provisions of this Regulation, the higher-level authorities shall order them to make corrections, and impose sanctions on their directly responsible supervisors and other directly responsible personnel in accordance with the law.

Article 42: If there are penalty provisions in relevant laws and administrative regulations for acts that violate the provisions of these Regulations, they shall be followed.

Article 43: Those who violate the provisions of these Regulations and constitute a violation of public security management shall be subject to public security management penalties in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.

Chapter 7 Supplementary Provisions

Article 44: If there are other provisions in relevant laws and administrative regulations regarding radiation environment monitoring, those provisions shall prevail.

The ecological environment monitoring work of the military shall be carried out in accordance with the relevant regulations of the Central Military Commission.

Article 45: This regulation shall come into effect on [date].