On June 1, the Jilin Provincial People's Congress Legal Committee, Environmental Resources Committee and the Jilin Provincial Department of Environmental Protection jointly held a press conference to explain the "Jilin Provincial Air Pollution Prevention and Control Regulations".
The Provincial Higher People's Court, the Provincial People's Procuratorate, the Provincial Public Security Bureau, the Provincial Department of Industry and Information Technology, the Provincial Department of Environmental Protection and the Provincial Department of Housing and Construction, and other departments of the implementation of the regulations.
A. Current Situation
Prevention and control of air pollution needs to be strengthened
In recent years, the provincial government attaches great importance to the prevention and control of air pollution, and the management work has achieved initial results. However, the province's industrial structure, energy structure is not reasonable, the winter heating mainly rely on coal, resulting in energy consumption, industrial production pollution, straw burning, motor vehicle exhaust, dust and other production, living emissions as a complementary composite air pollution. As an example, the province's average concentration of respirable particulate matter (PM10) was 80 micrograms per cubic meter, up 26% year-on-year; Changchun City, the number of days to meet the standards for 239 days, the air quality composite index of 669, the average concentration of fine particulate matter (PM25) was 68 micrograms per cubic meter.
It can be seen that the situation of air pollution in our province is still worrying, the prevention and control work needs to be strengthened, and legislation is a necessary prerequisite and guarantee.
B. Interpretation of the regulations
Embodying the content of the five aspects
Regulations *** six chapters and 70 articles, including the general principles, the responsibility of the polluters, the government supervision and management, information disclosure and public participation, legal responsibility, bylaws. Followed the "source of strict control, the process of strict management, the consequences of strict punishment" of the spirit of the legislation of the previous law, the main content of the following five aspects.
Emphasized the responsibility of the polluters and the government
The regulations of the province of the body compared with the previous law is innovative, mainly from the polluters and the government's responsibility to start, and to strengthen the law's disciplinary function. The second and third chapters of the regulations are dedicated to the responsibility of the discharger and the government supervision and management responsibility. For the sewage disposal unit focuses on the implementation of emissions licensing system, pollutant monitoring system, environmental emergencies and information disclosure system, as well as the prevention and control of air pollution of the specific measures. For government supervision and management: Firstly, the work of air environment protection is incorporated into national economic and social development planning. Second, it provides for scientific planning of urban space and industrial layout. Third, it establishes a working mechanism for unified supervision by environmental protection departments and joint prevention and control by other departments, and clearly details the division of responsibilities among relevant government departments. Fourth, a system of interviews and suspension of approval of environmental assessment has been established. Fifth, a system of reporting to and supervision by the National People's Congress and its Standing Committee has been established.
Focus on the source of governance, change the mode of economic development
In the past, air pollution control, emphasizing the end of governance, high cost and poor results. Regulations based on the spirit of the legislation of the previous law, strengthened the source of governance, from the development of industrial policy, adjust the energy structure, improve the quality of coal combustion, and strengthen the motor vehicle pollution control and other aspects are reflected in the idea of the source of governance. For example, the regulations clearly stipulate that enterprises, institutions and production operators shall not build new, expand high-polluting industrial projects, shall not use high-polluting process equipment; shall not be imported, sold and burned coal that does not meet the quality standards; high-polluting fuels in the prohibited areas to be switched to cleaner energy; urban boilers have a clear limit of tons of steam; coal-fired power plants supporting the construction of dust, desulphurization, denitrification devices have been stipulated; the implementation of motor vehicle oil control, etc., are reflected in the concept of source management.
Grasp the main contradictions, solve key problems
According to the actual situation, the province's main source of pollution identified as coal, straw and automobile exhaust. At present, we reflect the more focused on these atmospheric environmental issues, the regulations have made targeted, specific provisions. For example, in order to reduce the burning of straw caused by atmospheric pollution, the regulations put forward in the delineation of the area, prohibit the open burning of straw, leaves and other substances that produce soot pollution. At the same time provides for the county-level people's government on the comprehensive utilization of straw specific policies, measures, so that the issue of straw burning by "blocking" to "dredge". For example, in the motor vehicle emissions regulations, any unit or individual shall not produce and sell more than air pollutant emission standards for motor vehicles, shall not exceed the standards for the discharge of pollutants into the atmosphere, motor vehicles to implement a regular environmental protection inspection system, by the test before driving on the road. Driving unqualified motor vehicles on the road, by the public security organs of the traffic management department shall be punished according to law.
Spend a lot of effort to manage "small" pollution
Regulations on air pollution control in our province to take a multi-pronged approach, both to grasp the key sources of sewage treatment, but also to grasp the dust, volatile gas emissions, open-air barbecue, restaurant fumes, burning leaves and garbage "small" pollution. "Pollution. In the joint efforts to "cure" at the same time, focus on "prevention" measures. For example, in the catering fume management on the strict provisions, not in residential buildings, not set up a special flue within the commercial and residential complexes of new construction, alteration, expansion of the production of fumes, odors, exhaust gas of the food service projects, while the provisions of the catering services should be set up in accordance with the provisions of the special flue, the installation of smoke purification devices, fumes are not allowed to be discharged into the underground pipeline network, otherwise it will be heavily fined. For example, for the production of volatile gases industry, in the operation, should be carried out in a confined space, and the installation and use of pollution prevention and control facilities. Gas stations, oil depots and tanker trucks, to install oil and gas recovery devices. Some petrochemical companies are also required to establish a leak detection and repair system, and to collect and treat leaking materials in a timely manner. Industrial painting enterprises should establish the use of volatile organic materials ledger system, etc., to minimize the volatile gases on the air pollution.
Increase penalties, enhance the majesty of the law
Currently, the low cost of violation of the law, the high cost of compliance and enforcement of the air pollution prevention and control work is facing the outstanding problems. This regulation not only puts forward a large number of specific, targeted requirements, while providing the corresponding penalties. The regulations provide for more stringent regulatory means and penalties. Firstly, it strengthens the supervision of air pollution emission, severely punishes illegal acts such as unlicensed emission, over-standard emission, illegal emission and evasion of supervision, and implements a daily penalty system. The second is to implement a double penalty system, in addition to the unit to be penalized, but also can be imposed on the main person in charge of the unit and the person directly responsible for the fine.
C. Implementation
Six departments combined with their respective work to implement the regulations
At the conference, the provincial High People's Court, the provincial People's Procuratorate, the Provincial Public Security Office, the provincial Department of Industry and Information Technology, the Provincial Environmental Protection Department and the Provincial Department of Housing and Construction and other relevant departments on the implementation of the regulations were spoken.
Provincial Higher People's Court:
Identify the combination of judicial protection of air pollution prevention and control and entry point
People's courts at all levels in the province after the promulgation of the "Regulations on the Prevention and Control of Air Pollution in Jilin Province", we should actively organize the trial judges to study the "People's Republic of China *** and the State of the Prevention and Control of Air Pollution Act" and the "Regulations on the Prevention and Control of Air Pollution in Jilin Province", and profoundly understand the extreme importance and urgency of the prevention and control of air pollution. Prevention and control of the extreme importance of the work and the reality of urgency, to find the judicial protection of the prevention and control of air pollution and entry point.
At the same time, the people's courts at all levels to environmental resources protection cases under the jurisdiction of a trial court or a collegial court, to promote the construction of environmental resources trial specialization, and to further improve the protection of the prevention and control of atmospheric pollution of the trial of operational capacity and level.
Strengthen the trial, unified thinking, according to law and timely and proper trial of atmospheric environmental pollution cases. To give full play to the role of the trial function, increase the trial of criminal cases involving the protection of environmental resources, the comprehensive use of fines, personal liberty penalties and other means of punishment, to effectively combat and curb environmental violations. To properly try all kinds of environmental infringement cases involving people's livelihood in accordance with the law, for those who need to bear civil liability, adhere to the law to adjudicate the infringement, increase the compensation, and establish effective rules and guidelines for compensation of environmental resource infringement, and punish the infringement of environmental resources. To strengthen the trial of environmental resources administrative litigation cases, for those who can not enter the scope of criminal law evaluation of minor environmental violations, in accordance with the law to support the environmental administrative law enforcement agencies to perform their management duties, in accordance with the law to support the administrative authorities of the penalties, to avoid the cost of violations is too low, not enough to crack down on, and evolved into a long-lasting environmental remediation of the persistent problems. For the trial of environmental resource cases, people's courts at all levels should form a criminal trial, civil trial, administrative trial "trinity" of environmental resources trial protection system.
To establish a specialized liaison mechanism between the environmental administrative law enforcement agencies and the judiciary, and to strengthen the professional administrative law enforcement and judicial power of environmental protection.
Provincial People's Procuratorate:
*** with the promotion of the establishment and improvement of environmental protection public welfare organizations
After the implementation of the Regulations, the Provincial People's Procuratorate will do its duty to strengthen the cooperation and collaboration with the relevant administrative departments and the judiciary *** with the completion of the implementation of the Regulations.
Further strengthen the information notification mechanism with the relevant authorities and departments to promote the effective convergence of administrative law enforcement and criminal justice. Administrative law enforcement and criminal justice convergence work in our province has been fully implemented, to focus on solving the convergence of the two laws still exist in the information does not pass, poor convergence, cooperation is not in place and many other problems. To improve the articulation of the platform on the basis of the construction, the establishment of the corresponding information communication management system, refine the content and method of information communication, especially on the cause of atmospheric pollution of the crime case, as the focus of information communication, in order to ensure that the administrative law enforcement and criminal justice of the smooth convergence.
Give full play to the role of public interest litigation in promoting the implementation of the Regulations. For those due to inaction, abusive, negligent as administrators and non-implementation of the "Regulations" of the polluters caused by air pollution to carry out investigations of violations, to prosecutorial advice to urge their correction, to bring civil and administrative public interest litigation to implement legal action, the establishment of a three-dimensional, all-round supervision mechanism for the implementation of the "Regulations" to provide a strong judicial safeguards.
*** with the promotion of the establishment and improvement of environmental public welfare organizations. Environmental public welfare organizations are entitled to civil environmental public welfare litigation in accordance with the law. At present, there is a major shortage of environmental public welfare organizations in our province. This is extremely incompatible with the full implementation of the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, and will certainly hinder the promotion of the implementation of the Regulations. In order to change the passive situation, will actively communicate with the environmental protection and related departments to speed up the establishment and improvement of environmental public welfare organizations, support their duties in accordance with the law, make up for the shortcomings, *** with the performance of the main functions of the litigation, to ensure that the public interest litigation organization in place.
Provincial Public Security Bureau:
Strictly motor vehicle registration check and inspection
In accordance with the relevant provisions of the "Regulations on Prevention and Control of Air Pollution in Jilin Province", the public security organs are mainly responsible for reviewing the issuance of motor vehicle safety and technical inspection signs, checking motor vehicle environmental protection inspections on the road, with the relevant departments of the province to phase out the yellow standard vehicles and other tasks. The province's public security organs will strictly implement the "Jilin Provincial Air Pollution Prevention and Control Regulations" relevant provisions, based on their own duties, to increase the road checking and control efforts, strict registration, transfer and issuance of security inspection signs of the various passes, and actively cooperate with the relevant departments to do a good job in the prevention and control of air pollution.
The public security organs will be further strengthened throughout the province to further strengthen the road control efforts to be carried out in the traffic focus on rectification action as an opportunity to organize and carry out environmental protection marking special rectification action, crack down on environmental protection does not meet the standards of the vehicle driving on the road violations, focusing on a number of do not participate in environmental protection inspection and do not receive environmental protection inspection marking behavior to improve the driver's awareness of the regular participation in environmental protection inspection, the formation of environmental inspection does not pass on the road. Formation of environmental inspection does not pass the good sense of driving on the road. Tonghua, Baishan, Yanbian, Changbaishan area as soon as possible in the name of the government issued a yellow vehicle restrictions, the strict implementation of the yellow vehicle restriction mechanism to accelerate the elimination of highly polluting vehicles.
In accordance with the requirements of the provincial government's unified deployment, seriously do a good job of motor vehicle pollution prevention and control. Strictly control the motor vehicle registration check and inspection, improve supervision measures, refine the workflow, the use of remote monitoring system and other effective means, resolutely plug the management loopholes. The province does not meet the emission standards of motor vehicles, and will not be registered and transferred to the procedures; not to obtain the environmental protection inspection mark, and will not be issued motor vehicle safety inspection mark.
Provincial Department of Industry and Information Technology:
Strengthening the industry to work
Provincial Department of Industry and Information Technology next step will be the implementation of the province's prevention and control of air pollution work assigned to the relevant responsibilities, and conscientiously complete the tasks undertaken.
In accordance with the national and provincial government "five tasks" of the overall arrangements, in accordance with the division of responsibilities, and actively do a good job in the iron and steel, coal, cement industry to production capacity; at the same time, in accordance with the unified requirements of the provincial government to actively dissolve the excess capacity of other industries, in accordance with the requirements of the state to phase out the backward production capacity of high-energy-consuming industries, and continue to increase the main pollutant The main pollutant emissions reduction efforts.
Focus on four aspects of the special energy-saving monitoring work to promote enterprises to improve processes, update equipment, and promote enterprises to reduce pollution emissions. First, around the industrial motor, distribution transformer energy efficiency to carry out special monitoring, to promote the elimination of inefficient motors and energy-consuming distribution transformers; second, around the steel and cement industry energy consumption limit standards to carry out special monitoring, to promote the enterprise to improve energy efficiency, reduce pollution emissions; third, around the coal-fired industrial boilers to carry out energy saving and environmental protection to enhance the situation of the special monitoring, to promote the elimination of inefficient coal-fired industrial boilers; fourth, around the coal-fired industrial boilers to carry out energy saving and environmental protection to promote the elimination of inefficiency Industrial boilers; Fourth, around the cement industry ladder tariff policy implementation to carry out special monitoring, promote enterprise transformation of production processes, update energy-consuming equipment. Strive to regulate the unit of industrial added value of energy consumption in 2020 than the range of 18% decline.
Adhere to the source prevention, reduce emissions, give full play to the role of the main body of enterprises, strengthen the policy guidance support, in key industries to promote the application of 36 advanced and applicable cleaner production technology, to promote the implementation of cleaner production technology reform of key industries in the province, to enhance the level of cleaner production industry, reduce the intensity of air pollution emissions. Efforts to achieve the total reduction of sulfur dioxide, nitrogen oxides, smoke (dust) and volatile organic compounds. At the same time, focusing on industrial "three wastes" comprehensive utilization, cultivate backbone enterprises, and promote a number of advanced production processes and applicable technologies. Strive to industrial solid waste comprehensive utilization rate of 73% in 2020.
Provincial Environmental Protection Office:
Carry out the "Changji Ping" three cities **** governance special action
The provincial government attaches great importance to the prevention and control of air pollution in June, to fully launch the "Jilin Province Clean Air Action Plan", "on the enhancement of emergency control measures to mitigate the effects of heavy pollution weather The guiding opinions" and "provincial and municipal linkage" long ji ping "three cities *** governance of air pollution special action" and other three major initiatives. The province's environmental protection system to constraints on the improvement of air quality bottlenecks, adhere to the problem-oriented, focus on key areas, strict control of key time, grasp the key links, and actively coordinate with relevant departments, the establishment of a joint prevention and control mechanism, and earnestly grasp the implementation.
Vigorously carry out clean air action. Accelerate the adjustment of energy structure, the implementation of total coal consumption control, vigorously develop clean energy. Strengthen industrial pollution control, increase backward and excess production capacity elimination, and promote enterprise "retreat into the park". Vigorously promote the transformation of industrial enterprises to meet the standards of smoke and soot pollution control, the implementation of small coal-fired boilers and ultra-low emissions from coal-fired power plants. Strict control of urban dust, motor vehicles, living sources of pollution, mandatory elimination of "yellow-labeled vehicles" and old motor vehicles. We are actively promoting the construction of "no-burning zones" and "smoke-free zones" in cities. Further strengthen the supervision of straw burning ban, promote the comprehensive utilization of straw. 2020 before the end of the province's environmental air quality significantly improved, the basic elimination of heavily polluted weather, the municipal (state) government seat of the city's ambient air quality in the number of good days in phases to reach more than 292 days.
Strengthen the heavy pollution weather emergency control. Through a combination of industrial enterprises to stop production and limit production, strengthen the supervision of pollution control facilities, the development and implementation of clean coal substitution program, strengthen dust control, the implementation of motor vehicle restrictions on the ban, advocate green travel, ban on the burning of agricultural straw, increase the oil and gas management efforts, strict control of domestic pollution sources, and strengthen the meteorological intervention and other 10 emergency control measures to achieve the "winter and summer treatment ", "ahead of the control". Strive in the heavy weather warning period, the province's total emissions of air pollutants by more than 15%, Changchun City, Jilin City, Siping City, three key cities in heavy pollution in the weather to reduce 3-5 days per year, other prefecture-level cities to reduce 2-3 days per year.
Carry out the "Changji Ping" three cities **** governance special action. Changchun City, Jilin City, Siping City in the central part of the province as the focus, the formation of three cities regional **** governance plate, driving the east and west wings of the region as a whole to promote, and focus on solving the outstanding problems of atmospheric pollution, and strive to achieve substantial breakthroughs in the short term. To focus on key areas, the implementation of total control, strict control of key time periods, the implementation of the responsibility of the discharger, highlighting the "Changji Ping" three cities industrial emission reduction, rigid coal pressure, effective dust reduction, restriction of traffic control, control of vehicles, regulation of fumes, straw management and other measures to implement. Strive to the end of 2017, Changchun City, Jilin City, Siping City, the number of good days of ambient air than the increase of more than 30 days, heavily polluted weather than the reduction of more than 8 days, a significant improvement in ambient air quality for the province's prevention and control of air pollution can be learned comparable benchmark.
Provincial Department of Housing and Construction:
Focus on the management of air pollution control
Establishment of construction dust pollution comprehensive management mechanism. The establishment of construction dust special management leading institutions, develop work programs, clear work responsibilities, dust management management work. Comprehensively promote the standardized management of the construction site, focusing on the implementation of the "standardized management of the construction site in Jilin Province standardized assessment methods", and promote the application of the "standardized atlas of the construction site in Jilin Province".
Carry out special management of construction soil transportation. Construction administrative departments around to work with the relevant departments to strengthen the management of construction soil transport, the organization of construction soil transport special management action, construction site exit in strict accordance with the relevant requirements, set up vehicle
washing facilities, set up a person to do a good job on the chassis of the vehicle and the tire rinse work. Accelerate the industrialization of construction. The full implementation of the "ban" work, the full use of commercial concrete, vigorously promote the premixed mortar, minimize the site wet work. Increase investment in cleaning and cleaning, and improve the coverage of mechanized cleaning. Effectively increase the financial investment, according to the proportion of science with a variety of fully functional road sweepers, sprinklers, fast cleaning car, to solve the cleaning cleaning equipment is insufficient and the city continues to expand the contradiction between.
Support and encourage the local combination of natural climatic characteristics, promote the application of ground-source heat pumps, seawater heat pumps, solar power generation and other new energy technologies. Increase efforts to comprehensively promote regional cogeneration, energy saving in government organizations, green lighting and other energy-saving projects. Clarify the technical requirements for safety, energy conservation, environmental protection and hygiene of heating and warming systems, and improve service quality standards and assessment and supervision methods. Supervise heating enterprises to upgrade environmental protection facilities, according to local conditions to promote renewable energy and clean energy heating, increase the proportion of clean energy, reduce fossil energy consumption, reduce pollutant emissions.
Adhere to the strength of the standard does not drop, active and for the principle of promoting the integration of the province's "warm house" project to complete the construction of 24 million square meters of heat source, the removal and transformation of 200 small boiler room, the transformation of the old heating network of 1200 kilometers, the implementation of the existing residential building heating measurement and energy-saving renovation of 5 million square meters, the simultaneous implementation of the old neighborhoods and the transformation of energy-saving. million square meters, the simultaneous implementation of the old district environment comprehensive improvement of 2 million square meters, the full completion of the "warm house" project to finish the task, and promote the province's urban heating continue to move towards green, environmentally friendly, for the province's prevention and control of air pollution to make its due contribution.