The Air Pollution Prevention and Control Law (Revised Draft) was first submitted to the National People's Congress for consideration.

On December 22nd, the 12th meeting of the Standing Committee of the 12th National People's Congress was held. The meeting will deliberate on December 26th the proposal of the State Council to submit a draft amendment to the Air Pollution Prevention and Control Law (hereinafter referred to as the “Revised Draft”). .

The current Air Pollution Prevention and Control Law was enacted in 1987 and has been revised twice in 1995 and 2000. It has not been revised for nearly 14 years. At present, the third revision is under way. On September 9 this year, the Legislative Affairs Office of the State Council once publicized the Law on Prevention and Control of Atmospheric Pollution (Revised Draft for Soliciting Opinions) and conducted a one-month consultation with the public.

The 21st Century Business Herald reporter was informed that the revised draft submitted by the State Council to the Standing Committee of the National People's Congress has a total of eight chapters and 100 articles, while the current Air Pollution Prevention and Control Law has only 66 articles. Therefore, the revised draft will be the first major overhaul in the 27 years since the implementation of the Air Pollution Prevention and Control Act.

At the twelfth meeting of the Standing Committee of the 12th National People's Congress, Zhou Shengxian, Minister of the Ministry of Environmental Protection, was entrusted by the State Council to make a statement to the General Assembly on the Law of Prevention and Control of Air Pollution (Revised Draft).

The three major aspects of the current law do not meet the needs of the situation

According to Zhou Shengxian, the current Air Pollution Prevention and Control Law was enacted in 1987. In 2000, the control of sulfur dioxide was strengthened, which played a very good role in preventing and controlling soot pollution. However, with the development of economy and society, especially the rapid increase in the number of motor vehicles, China's air pollution is transitioning to the composite type of soot and motor vehicle exhaust, regional atmospheric environment problems are increasingly prominent, and heavy pollution such as smog is frequent. The current law is no longer able to adapt to the needs of the new situation.

Zhou Shengxian pointed out that this discomfort is mainly manifested in three aspects. First of all, the source governance is weak and the control object is single. The current law lacks the requirements for front-end source management such as energy structure, industrial structure and layout, and there is no coordinated control of various pollutants such as nitrogen oxides, volatile organic compounds and particulate matter.

Zhou Shengxian introduced that the second aspect of the inadequacy is that the scope of total control is small, and the key points are not enough. According to the current regulations, the “acid rain control zone and sulfur dioxide control zone” (hereinafter referred to as “two control zones”) that implements the total amount control and discharge permit only account for 11.4% of the national land area, and cannot meet the needs of total emission reduction. At the same time, the pollution prevention and control measures for key areas such as coal, industry, motor vehicles and dust are not perfect, and the key areas with serious pollution lack joint prevention and control mechanisms, and the heavy pollution weather response mechanism is not sound enough.

Zhou Shengxian pointed out that the third aspect of incompatibility is not strict with the accountability mechanism, and the punishment is not enough. The responsibilities of local governments are more stipulated. It is necessary to strengthen the assessment of responsibilities and improve the binding measures for non-compliance areas. At the same time, the problem of low cost of illegal enterprises is outstanding, and it is necessary to strengthen legal responsibilities.

Zhou Shengxian introduced that in June 2014, the Ministry of Environmental Protection reported the "Air Pollution Prevention and Control Law (Revised Draft for Review)" to the State Council. After receiving this item, the Legislative Affairs Office of the State Council solicited opinions from relevant departments, local governments and units, conducted on-the-spot investigations, held expert demonstration meetings, and solicited opinions from the society. The Ministry of Environmental Protection and the Ministry of Environmental Protection repeatedly studied and revised and formed a draft. The draft was discussed and approved at the 71st executive meeting of the State Council.

Implementation of the atmospheric environmental protection target responsibility system and assessment system

To this end, the revised draft is based on the newly revised Environmental Protection Law and comprehensively implements the various institutional measures proposed in the Air Pollution Prevention Action Plan.

Zhou Shengxian introduced that the revision of the law mainly follows four principles: First, source management and coordinated management. Adhere to planning first, strict environmental protection access, strengthen the total control and concentration control of pollutants; strive to achieve the coordinated control from single pollutants to multiple pollutants, from the territorial management of air pollution control to regional joint defense joint control; It is a comprehensive policy that highlights key points. Comprehensive use of economic, legal, technical and administrative means to highlight the prevention and control of air pollution in key areas such as coal, industry, motor vehicles, and dust. The third is to strengthen responsibility and strict management; strengthen government responsibility, clarify corporate obligations, increase penalties for pollution violations; increase illegal costs, so that polluters do not dare to violate the law. Fourth, based on the current, focus on the long-term. In response to the current situation of frequent smog, establish a heavy pollution weather response mechanism. At the same time, we will guide the adjustment of energy structure and industrial structure, eliminate backward processes and equipment, and establish and improve long-term mechanisms.

Specific to the revised or added content, the revised draft proposes that the state implements the atmospheric environmental protection target responsibility system and assessment system based on the protection and improvement of atmospheric environmental quality, and incorporates the completion of atmospheric environmental protection objectives and tasks into the atmospheric environmental supervision of the government at the same level. The assessment contents of the department and its responsible persons, lower-level governments and responsible persons are important basis for assessment and evaluation, and the assessment results need to be disclosed to the public. The departments or units that have not completed the objectives of the atmospheric environmental protection shall, according to the requirements of the draft, make explanations to the government at the same level or higher level, propose corrective measures and be responsible for implementation.

According to the revised draft, the people's government that fails to meet the national standards for atmospheric environmental quality standards shall, according to the time limit prescribed by the State Council or the competent department of environmental protection under the State Council, prepare a plan for the meteorological standards for atmospheric environmental quality, adopt stricter measures, and meet the atmospheric environmental quality standards on schedule. The urban atmospheric environment quality standardization plan shall be disclosed to the public, and the community's atmospheric environment quality deadlines for the community-level cities shall be reported to the competent department of environmental protection of the State Council for the record.

Establish a joint prevention and control mechanism for regional air pollution

The revised draft proposes the implementation of the total amount control and discharge permit system, which extends from the past “two control zones” to the whole country.

According to the revised draft, each province, autonomous region, and municipality directly under the Central Government will be assigned its own key air pollutant emission control targets in the future, which will be formulated by the environmental protection department of the State Council and decomposed to the terminal's sewage disposal units. Regional restrictions are imposed on areas with excess or unfinished tasks, and the main responsible person is interviewed.

At the same time, the revised draft proposes that the units that must obtain the pollutant discharge permit are: industrial waste gas that discharges industrial waste gas or toxic and harmful atmospheric pollutants listed in the list of Article 54 of this Law, and coal-fired heat source production and operation unit of centralized heat supply facility. Other units that should obtain a pollutant discharge permit in accordance with regulations.

The revised draft stipulates that the specific measures and implementation steps of the pollutant discharge permit shall be prescribed by the State Council. The discharge permit shall include the discharge type, emission standard, discharge amount, discharge concentration, sewage outlet setting, discharge mode, monitoring plan, air pollution prevention process and facilities, air pollution prevention technical requirements, and emergency measures.

The 21st Century Business Herald reporter was informed that the "Interim Measures for the Management of Pollution Discharge Permits" drafted by the Ministry of Environmental Protection has been closed to the public and is expected to be introduced in the near future.

In the key prevention and control of air pollution in various key areas, the draft proposes that in the aspects of coal burning and industry, it is clear that the state takes measures to gradually reduce the proportion of coal consumption and refine the coordinated control measures for various pollutants; The new production of motor vehicles, in-use motor vehicles, oil quality and environmental protection standards for supervision and management; in addition, strengthening construction measures, material transportation and other aspects of dust pollution prevention measures.

It is noteworthy that the revised draft adds a chapter on the prevention and control of air pollution in key areas, requires the establishment of a joint air pollution prevention and control mechanism, raises the industry access standards, implements coal consumption equal or reduced substitution, and plans for environmental impact assessment. Regional cooperation mechanisms have been established in business, linkage enforcement and information sharing.

"I propose to add the provisions of the Joint Prevention and Control Coordination Agency. On the one hand, it can break local protectionism, solve the problem of coordination difficulties between environmental protection and economic development, and on the other hand, solve the problem of regional division on environmental protection measures. Realize the unified planning, unified monitoring, unified supervision, unified evaluation, and unified coordination within the region.” Chua Fahe, vice president of the Chinese Academy of Environmental Sciences, introduced the reporters of the 21st Century Business Herald, from the perspective of the realization, if the new institutions If it is difficult to achieve problems such as compilation, then it is also possible to consider integration on the existing basis.

In addition, the sixth chapter of the revised draft focuses on early warning and response to heavy polluted weather, requiring local people's governments at or above the county level to include heavy pollution weather responses into emergencies.

Four situations can be punished on a daily basis

The revised draft reinforces the constraints of legal liability.

For various illegal and illegal activities such as undocumented, excessive standard, super total amount, monitoring data fraud, etc., the penalties prescribed in the draft include confiscation of illegal products, confiscation of illegal income, fines, order to suspend production and rectification, administrative detention, order to suspend business, closure and other administrative penalties. If you are refused to make a fine if you are fined, you will be punished on a daily basis.

According to the revised draft, the behaviors that are included in the “penalty by day” include four situations: emissions of pollutants exceeding the pollutant discharge standards, or emissions exceeding the total control indicators of key atmospheric pollutants; Discharged in accordance with the provisions of the discharge permit; discharge pollutants into the atmosphere by evading supervision; building construction or storage is prone to dust; no effective measures are taken to prevent dust pollution.

"The new "Environmental Protection Law" already stipulates the daily penalty. The revised draft as a separate law should be further refined on the basis of the new "Environmental Protection Law". However, the revised draft is very principled and rough, and the punishment is not specific and strict. Freedom The discretionary space is large and does not meet the requirements of fine management.” Wang Yi, director of the Institute of Science, Technology and Management Science, Chinese Academy of Sciences explained to the 21st Century Business Herald.

At the same time, according to the revised draft, the minimum penalty that an individual may face is 200 yuan. In the case of illegal burning of straw, illegal fireworks and firecrackers, etc., the minimum penalty for enterprises and institutions is 2,000 yuan, like clothing dry cleaners, machines. Any motorized maintenance facilities such as odors and exhaust gas treatment devices that are not equipped with pollution control facilities may face penalties.

In addition, the revised draft also canceled the upper limit of the penalty of 500,000 yuan in the current law, and substituted the multiple punishment standard. If a general or large air pollution accident is caused, the fine shall be calculated according to the direct loss of more than one time and three times less than the direct loss. If a major or extraordinarily large air pollution accident occurs, the penalty shall be calculated based on the direct loss of 3 times or more and 5 times or less.

It is proposed to add a chapter on "Information Disclosure and Public Participation"

According to the materials provided by the National People's Congress, the National People's Congress Environmental Protection Committee has solicited opinions on the Air Pollution Prevention and Control Law (Revised Draft for Soliciting Opinions) on the Legislative Affairs Office of the State Council, and solicited opinions from provincial and local people's congresses.

Some local people's congresses have proposed that the executive heads should be clear and the main body of environmental quality at all levels of government should be strengthened. Strict liability investigation mechanism should be adopted. If administrative licenses are not made according to law, illegal acts are not investigated and dealt with according to law, air pollution accidents are not dealt with in time, and other acts that fail to perform their duties according to law should be initiated, and criticisms or accountability procedures should be initiated. In case of serious consequences or adverse effects, the main person in charge of the government shall resign and resign.

Some local people's congresses also proposed to further clarify the funding mechanism for air pollution prevention and control, and increase the assessment of local government investment in air pollution control.

“Government at all levels should be responsible for the environmental quality within the jurisdiction, and must ensure a certain amount of capital investment, and form a situation in which all levels of government must invest in the treatment. If the state sets up special funds, it will give certain areas to areas with serious pollution and economically underdeveloped areas. Support can help the region better manage air pollution.” Chai Fahe analysis.

At the same time, there are also local people's congresses and environmental protection committees suggesting that environmental quality monitoring, construction project environmental assessment, pollutant discharge information disclosure, public hearing, public participation in air pollution control methods, reporting incentive policies, and public rights and obligations should be set up. Refining the public participation and other content of the EIA, encourage environmental public interest litigation, strengthen social supervision, strengthen information disclosure, and form a social situation in which all responsibilities and common governance are carried out.

"The quality of the atmosphere involves the vital interests of the general public. It is proposed to add a chapter in the revised draft to specifically discuss information disclosure and public participation." Wang Yi pointed out.

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