According to the Ministry of Ecology and Environment, on July 14th, the intensive supervision of the key areas of the Blue Sky Defence War continued in 2018-2019. 200 inspection teams in accordance with the requirements of the work plan, 209 counties in Beijing, Tianjin and Hebei and surrounding areas ( City, district) to conduct inspections, found 164 gas-related environmental problems.
In the checklist, there were 1481 enterprises involved in the 'disorganized pollution' in the list, and 4 of them found that the rectification was not in place, accounting for 0.3%; no gas outside the list was found to be 'disorganized'. The inspection list should eliminate 459 coal-fired boiler enterprises. No problem of dismantling was not found; 31 coal-fired boilers should be eliminated from the list. Industrial enterprises did not install 16 air pollution control facilities, 16 industrial enterprises did not operate normally, and 16 VOCs were not in place. There are 8 unorganized emissions of industrial dust, 33 dust management problems at construction sites, 41 dust control measures not implemented in the material yard, and 2 other gas-related environmental problems.
On July 14, Beijing No. 4 inspection team inspected Huitong Packing Co., Ltd. in Dahuashan Town, Pinggu District, and found that the company had a coal-fired boiler of less than 1 ton, which was not banned before the end of October 2017. The boiler list should be eliminated.
The 2nd inspection team of Tianjin City found that the construction site was working on the construction site of Miaozhuang Town, Binyu Road, Ninghe District, Tianjin. The fog gun machine for loading and unloading materials was not used, and the dust pollution was serious.
The 8th inspection team of Handan City, Hebei Province, found that after the inspection of the post-Qiwang Wanglili refueling point in Yangqiao Town, Daming County, Handan City, the original tanker had been dismantled in the list of local gas-dissolved 'scattered pollution'. There is another simple fueling device in the house that is in normal operation. It has not been closed and banned before August 30, 2017 according to local requirements.
The 7th inspection team of Taiyuan City, Shanxi Province, inspected Xishan Coal Gasification Co., Ltd., Malan Town, Gujiao City, Taiyuan, found that the company is producing, coke open-air screening, not installing bag-type dust removal facilities in accordance with the requirements of environmental impact assessment; The pipeline is damaged in many places, and some of the exhaust gas is straight.
4. For the above problems, the Ministry of Ecology and Environment has submitted the relevant cities through the list of supervision questions, and the county (district) people's government investigated and handled them according to law.
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Win the 'blue sky defense war', the legislative level does not 'discharge' or 'shrink'
'In the previous paragraph, I went to Jilin Province to carry out the law enforcement inspection of the infectious disease prevention and control law in Jilin Province. I returned to Beijing that day and just got off the plane. I found that the blue sky in Beijing is very dazzling. I opened the mobile phone, and many WeChat friends circle are in the blue sky and white clouds in Beijing. "The Standing Committee of the National People's Congress Standing Committee Yang Zhijin said that this fully demonstrates that the implementation of the Air Pollution Prevention Law and related work has achieved good results.
The arduous and long-lasting struggle to win the 'Blue Sky Defence War' has become a consensus. So, what can we rely on to win this long-lasting environmental protection war? It was added to the implementation of the Air Pollution Prevention and Control Law from July 9th to 10th. At the fourth meeting of the Standing Committee of the 13th National People's Congress, relying on the people, relying on the law, relying on science and technology - became the high-frequency words given by the members.
Develop people's environmental supervision supervisors -
Make up for the serious shortage of environmental supervision
From the spot check of this law enforcement inspection, it is found that the problem of excessive emissions of enterprises exceeding the standard is still very prominent.
'Some of the central and eastern counties and western cities have few air pollution monitoring points, and the monitoring network layout is unreasonable. Individual local environmental quality monitoring is fraudulent. For example, the case of the environmental quality of the city in Linyi City, Shanxi Province.
'In the prevention and control of motor vehicle pollution, some local public security, environmental protection, transportation and other departments are not cooperating, and the vehicles that do not meet the standards are not supervised for a long time.'
'Many localities have voluntarily acknowledged that the governance work has the phenomenon of 'heating, medium temperature, and cold', the pressure of pollution control and the gradual decline of responsibility and the 'political heat cold' and other issues are more prominent. ' ......
The task of air pollution prevention and control is so arduous and complicated, and the current supervision of the environmental protection department is seriously inadequate. The experience of countries in the world in controlling air pollution shows that all people must act together to achieve the goal. Therefore, public participation in air pollution prevention has become a basic rule of the modern environmental rule of law. Institutional. However, China’s Air Pollution Prevention and Control Act is only a symbolic announcement. This kind of declarative provision lacks maneuverability, making it difficult for the public to function as the most extensive and direct environmental supervisor.
Vice Chairman Chen Wei said that it is necessary to transfer the people's feelings about air quality to the focus on pollution sources, to work together, and to prevent group crimes. According to Article 91 of the Air Pollution Prevention and Control Law, it is recommended to strengthen the information disclosure of key pollution sources and establish people's environmental protection. The supervisor system compensates for the serious shortage of supervision power of the current environmental protection department.
Committee member Chen Fengxiang said that in order to promote public participation in special legislation, some developed countries provide air monitoring information and law enforcement reports in a timely manner through various channels and channels for public access. We also need to clarify the right of citizens to know in the form of law, public supervision. The right to make full use of new media such as the Internet to broaden public participation channels, continuously improve the public's own environmental awareness, strengthen public supervision of government and enterprise joint prevention and control, and make public participation an important part of pollution prevention and control.
'Nanjing University has a series of courses in environmental health and happiness index, atmospheric smog pollution and health. Only in this way can we cultivate a large number of talents with good ecological civilization awareness, so as to win this The long-term battle provides a steady stream of talent support. 'Lv Jian said.
Really to be environmentally friendly, emphasizing consciousness, concept, and strengthening the supervision of the law, is only one aspect, but also to solve the problem of conditions and facilities. Li Fei said that it is necessary to increase investment in environmental protection and control, and improve relevant facilities for pollution prevention. Increase coordination and co-ordination of social management and solve the problem of 'last mile'. The Hong Kong SAR has a population of 7 million. A few years ago, in order to dispose of garbage, the Legislative Council allocated more than 20 billion new "three piles and one furnace" to build an incinerator. And the expansion of three garbage treatment plants, indicating that the Hong Kong SAR government is willing to invest in environmental protection issues. To solve the convenience of ordinary people to deal with pollution, we must have the necessary investment, and finally form a complete system.
Let the law grow out of the teeth -
No way, it’s hard to show the heart of the Buddha.
The Standing Committee meeting closely combined with the law enforcement inspection of the Air Pollution Prevention and Control Law, adhered to the problem-oriented, and closely followed the legal system for inspection. Shen Chunyao members counted a few times, and a total of 27 articles in the law enforcement inspection report mentioned the relevant provisions of the Air Pollution Prevention and Control Law. He said, 'This has never been seen before in the past.'
The supporting regulations are not perfect, the standard system is imperfect, the legal responsibilities are not implemented, the law enforcement supervision is not in place, and the judicial guarantee function is not fully implemented. The law enforcement inspection report shows that the role of air pollution prevention and control laws is not ideal.
'Without the means, it is difficult to show the heart of the Buddha.' In the deliberation, Mr. Yu Zhigang said that for criminal acts that seriously endanger the ecological environment and seriously damage the ecological environment, it is difficult to embody the bodhisattva for the public of the whole society. The heart is hard to embody the heart of the Buddha for future generations. He refers to the crime of environmental pollution in Article 338 of the Criminal Law, although the 'two highs' through the judicial interpretation, the radioactive, polluting, pathogen-infective substances explained to the expansion of sulfur dioxide, etc. Toxic and harmful gases are also interpreted as substances, but they are also limited to a small part of toxic and harmful gases. Therefore, he believes that the criminal law of polluting the atmosphere is currently imperfect, the radius of attack is insufficient, and the means are not enough. He proposes to amend the Criminal Law. 338, the crime of polluting the environment from the pollution of the soil, to the water body, to the pollution of the atmosphere.
In civil law, Commissioner Wang Shengming suggested further strengthening the punishment. For acts that intentionally pollute the ecological environment and seriously endanger the lives and health of the people, civil compensation should be punishable. Vice Chairman Cao Jianming suggested that while increasing penalties, Attach importance to the establishment of ecological compensation and ecological restoration mechanisms, and effectively solve the problems of low illegal costs, high law-abiding costs, and higher law enforcement costs. Promote and support the Supreme People's Court. The Supreme People's Procuratorate will make judicial interpretations according to the situation and practice, and further unify the judiciary. standard.
In the legislation of the National People's Congress, the prevention and control of air pollution in the Beijing-Tianjin-Hebei region has been continuously deepened, and the effective practices and experiences of regional joint prevention and control have been raised into national laws, which require legal force. Xiao Huaiyuan said that in the work practice, three The provincial and municipal joint defense and joint management have formed some very good experiences and practices. However, due to the legislative system, the coordination only stays at the stage of soliciting opinions. The current air pollution prevention and control law provides for the joint prevention and control of the region, but The power and responsibility relationship in regional collaborative governance is not very clear. It is suggested that the Standing Committee of the National People's Congress can take the lead in formulating the "Special Law on Prevention and Control of Air Pollution in Beijing, Tianjin and Hebei and Surrounding Areas", or make a decision specifically to provide legal protection for regional air pollution prevention and control.
In terms of local legislation, Vice Chairman Cao Jianming suggested that the National People's Congress should strengthen the filing review of various departments and local ecological environmental protection laws and regulations, regulations, and judicial interpretations, and resolutely apply to the legislation that changes the provisions of the upper-level law and lowers environmental protection standards. Correction, it is absolutely not allowed to 'release water' or 'shrinkage' at the legislative level. For those that have insufficient mandatory regulations and are not operationally sound, they should promptly inform the relevant departments of local revision and adjustment, and the areas where the ecological environmental protection legislation is obviously lagging behind, especially the environment. Where the problem is outstanding, the local people's congress and its standing committee are urged to study and initiate relevant legislative work.
Strengthening technology support -
Make technology realistic and forward-looking
Some members of the Standing Committee suggested further strengthening the support of science and technology in air pollution control, and suggested that relevant departments organize scientific and technological research on key areas and key areas.
'One is how to reduce air pollution from the source. There is still a lot of room for relying on technological innovation to improve the efficiency of comprehensive utilization of resources. Second, how to deepen the understanding of air pollution by strengthening basic research. To further understand the sources of pollution, The formation mechanism and its changing trend provide support for promoting PM2.5 and ozone coordinated control. The third is how to further improve the technical level of air pollution control. 'Li Xueyong members put forward the focus on these three aspects of science and technology issues.
'The report said that sometimes we go to a certain place to check, often temporarily check the inspection and temporarily improve the environmental governance, and check out the situation is not consistent with the usual situation, so it is recommended to use the digital simulation technology of modern large airflow Dynamic identification, when the inspection team does not come, it can also be dynamically monitored, which can reflect the usual situation. 'Fresh iron can recommend that the establishment of illegal emission source identification and positioning technology and management decision support system. With the new large air field Digital simulation technology traces the source, dynamically identifies the source of emissions, and locates illegal sources, further improving the effectiveness of law enforcement and control measures.
The problem of new pollution sources is outstanding, and it is urgent to strengthen forward-looking research. Du Yubo said that the quality of the ecological environment is now at a key point in the overall improvement process. But it is worth noting that new air pollution such as volatile organic matter emissions and ozone pollution The problem is becoming more and more prominent. The report also mentions that some industrial coatings involving volatile organic compounds are missing emission standards, and the supporting regulations are incomplete. This requires further strengthening the forward-looking layout to judge new changes in air pollution sources and new situations. In order to address the new air pollution control issues, increase the basic, principled research efforts.
Increase scientific and comprehensive utilization of possible pollutants and related policy support. Wu Lixin said that this time, when General Secretary Xi Jinping visited Shandong, he went to Wanhua Industrial in Yantai. The company invented a formaldehyde-free adhesive. The straw can be made into flooring and furniture. This technology is very good, but now it faces a series of problems, such as how to recycle straw. The people may not get certain policy support and are not willing to recycle. The benefits are not high. Like the problem of straw recycling, we use it scientifically, and with the support of national policies, we may turn the material that originally produced our pollution source into treasure, so that we can go scientifically better. Conduct comprehensive management.
