Provincial Higher People's Court, Provincial People's Procuratorate, Provincial Public Security Department, Provincial Department of Industry and Information Technology, Provincial Department of Environmental Protection and Provincial Department of Housing and Construction made speeches on the implementation of the Regulations.
A. Current situation
Prevention and control of air pollution needs to be strengthened urgently.
In recent years, the provincial party committee and government have attached great importance to the prevention and control of air pollution, and the control work has achieved initial results. However, the industrial structure and energy structure of our province are not reasonable, and the heating in winter mainly depends on coal burning, resulting in a compound air pollution dominated by energy consumption and industrial production pollution, supplemented by straw burning, motor vehicle exhaust, dust and other production and domestic sewage. Taking it as an example, the average concentration of inhalable particulate matter (PM 10) in the province is 80 μ g/m3, up 26% year-on-year; The number of days to reach the standard in Changchun is 239, the comprehensive air quality index is 669, and the average concentration of fine particulate matter (PM25) is 68 μ g/m3.
It can be seen that the situation of air pollution in our province is still worrying, and the prevention and control work needs to be strengthened urgently. Legislation is the necessary premise and guarantee.
B. Interpretation of regulations
Reflect five aspects.
The Regulations consists of six chapters and seventy articles, including general provisions, polluter liability, government supervision and management, information disclosure and public participation, legal responsibilities and supplementary provisions. It follows the legislative spirit of "strictly controlling the source, strictly controlling the process and severely punishing the consequences", mainly including the following five aspects.
The responsibilities of polluters and governments are emphasized.
Compared with the superior law, the style of our province's regulations is innovative, mainly starting from the responsibility of polluters and the government, and strengthening the disciplinary function of the law. Chapters 2 and 3 of the Regulations specify the responsibilities of polluters and the supervision and management of the government. For pollutant discharge units, it is important to implement the pollutant discharge permit system, pollutant monitoring system, environmental emergency treatment and information disclosure system, and various specific measures for air pollution prevention and control. For government supervision and management: First, the atmospheric environmental protection work should be incorporated into the national economic and social development plan. The second is to stipulate the scientific planning of urban space and industrial layout. The third is to establish a working mechanism of unified supervision by environmental protection departments and joint prevention and control by other departments, and clearly refine the division of responsibilities of relevant government departments. The fourth is to establish an interview and suspend the examination and approval EIA system. Fifth, a system of reporting to NPC and its Standing Committee and accepting supervision has been established.
Highlight source governance and change the mode of economic development
In the past, air pollution control emphasized terminal treatment, which was costly and ineffective. According to the legislative spirit of the superior law, the regulations strengthen the source control, which embodies the idea of source control from the aspects of formulating industrial policies, adjusting energy structure, improving coal quality and strengthening motor vehicle pollution control. For example, the regulations clearly stipulate that enterprises, institutions and producers and operators shall not build or expand highly polluting industrial projects or use highly polluting process equipment; Shall not import, sell or burn coal that does not meet the quality standards; Clean energy should be used in high pollution fuel no-burn zone; There are clear restrictions on the steam tons of urban boilers; There are provisions for supporting the construction of dust removal, desulfurization and denitrification devices in coal-fired power plants; Controlling petroleum products of motor vehicles, etc. , all reflect the concept of source control.
Grasp the main contradiction and solve the key problems.
According to the actual situation, the main pollution sources in our province are coal burning, straw and automobile exhaust. This regulation has made targeted and specific provisions on these atmospheric environmental problems that are currently reflected by everyone. For example, in order to reduce the air pollution caused by burning straw, the regulations propose that it is forbidden to burn straw, fallen leaves and other substances that produce smoke pollution in designated areas. At the same time, the specific policies and measures of the people's government at the county level on the comprehensive utilization of straw were stipulated, which made the problem of straw burning ban change from "blocking" to "sparse". For example, in terms of motor vehicle emissions, it is stipulated that no unit or individual may produce or sell motor vehicles that exceed the emission standards of atmospheric pollutants, and may not discharge pollutants that exceed the standards into the atmosphere. Motor vehicles should implement a regular environmental inspection system, and they can only drive on the road after passing the inspection. Those who fail the motor vehicle driving test shall be punished by the traffic administrative department of the public security organ according to law.
Strive to control "small" pollution
The regulations adopt a multi-pronged approach to air pollution control in our province, focusing on both key pollution sources and "small" pollution such as dust, volatile gas emissions, open-air barbecue, cooking fumes, burning leaves and garbage. At the same time of common "governance", we should pay attention to "prevention" measures. For example, it is strictly stipulated in the treatment of cooking fume that residential buildings and commercial and residential complex buildings without special flue shall not be built, rebuilt or expanded to produce cooking fume, odor and waste gas. At the same time, it is stipulated that catering service providers should set up special flues and install oil fume purification devices in accordance with regulations, and oil fume should not be discharged into underground pipe networks, otherwise heavy penalties will be imposed. For example, industries that produce volatile gases should operate in confined spaces and install and use pollution prevention facilities. Gas stations, oil depots and tankers should be equipped with oil and gas recovery devices. Some petrochemical enterprises should also establish leak detection and repair systems to collect and deal with leaked substances in time. Industrial painting enterprises should establish a ledger system for the use of volatile organic compounds to minimize the pollution of volatile gases to the atmosphere.
Increase punishment and enhance legal dignity.
At present, low illegal cost, high law-abiding and law-enforcement cost are outstanding problems facing air pollution prevention and control. This regulation not only puts forward a large number of specific and targeted requirements, but also stipulates corresponding punishment measures. The regulations stipulate stricter supervision means and punishment measures. First, strengthen the supervision of air pollution emissions, severely punish illegal acts such as unlicensed emissions, excessive emissions, illegal emissions, and evasion of supervision, and implement a daily penalty system. Second, the implementation of the double penalty system, in addition to the punishment of the unit, but also the main person in charge of the unit and the directly responsible personnel can be fined.
C. Implementation
These six departments implement these regulations according to their respective work.
At the press conference, the Provincial Higher People's Court, the Provincial People's Procuratorate, the Provincial Public Security Department, the Provincial Department of Industry and Information Technology, the Provincial Department of Environmental Protection and the Provincial Department of Housing and Construction made speeches on the implementation of the Regulations.
Provincial Higher People's Court:
Find out the combination point and breakthrough point of judicial guarantee for air pollution prevention and control
After the promulgation of the Regulations on the Prevention and Control of Air Pollution in Jilin Province, the people's courts at all levels in the province should actively organize trial judges to study the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC) and the Regulations on the Prevention and Control of Air Pollution in Jilin Province, deeply understand the extreme importance and practical urgency of air pollution prevention and control, and identify the combination point and breakthrough point of judicial guarantee for air pollution prevention and control.
At the same time, people's courts at all levels should try environmental resources protection cases in trial courts or collegiate benches, promote the specialization of environmental resources trials, further improve the professional ability and level of trials, and ensure the prevention and control of air pollution.
Strengthen trials, unify thoughts, and properly handle cases of atmospheric environmental pollution in a timely manner according to law. It is necessary to give full play to the judicial function, intensify the trial of environmental resources protection criminal cases, and comprehensively use various criminal means such as fines and personal freedom punishment to effectively combat and contain environmental violations. Properly handle all kinds of environmental infringement cases involving people's livelihood according to law. For those who need to bear civil liability for compensation, we should insist on judging infringement according to law, increase compensation, establish effective rules and guidelines for compensation for environmental resources infringement, and punish environmental resources infringement. It is necessary to strengthen the trial of environmental resources administrative litigation cases. For those minor environmental violations that cannot enter the scope of criminal law evaluation, it is necessary to support the environmental administrative law enforcement organs to perform their management duties, and support the administrative organs to take punishment measures according to law, so as to avoid the long-term inability to cure the environmental remediation ills due to low illegal costs and insufficient crackdown. For the trial of environmental resources cases, people's courts at all levels should form a "trinity" environmental resources trial protection system of criminal trial, civil trial and administrative trial.
It is necessary to establish a special liaison mechanism linking environmental administrative law enforcement organs with judicial organs, and strengthen the construction of environmental protection administrative law enforcement and judicial power.
Provincial People's Procuratorate:
* * * Promote the establishment and improvement of environmental protection public welfare organizations.
After the implementation of the Regulations, the provincial people's procuratorates will perform their duties, strengthen cooperation with relevant administrative departments and judicial organs, and complete the task of implementing the Regulations.
Further strengthen the information notification mechanism with relevant organs and departments, and promote the effective connection between administrative law enforcement and criminal justice. The connection between administrative law enforcement and criminal justice has been fully implemented in our province, and efforts should be made to solve many problems still existing in the connection between the two laws, such as unreasonable information, poor connection and inadequate cooperation. On the basis of improving the construction of the connecting platform, we should establish the corresponding information notification management system, refine the content and methods of information notification, especially for criminal cases that cause air pollution, and ensure the smooth connection between administrative law enforcement and criminal justice.
Give full play to the role of public interest litigation in promoting the implementation of the Regulations. Investigate the air pollution violations caused by those administrative managers who do not act or abuse and those polluters who do not implement the regulations, urge them to correct with procuratorial suggestions, file civil and administrative public interest lawsuits for legal investigation, establish a three-dimensional and all-round supervision mechanism, and provide strong judicial guarantee for the implementation of the regulations.
* * * Promote the establishment and improvement of environmental protection public welfare organizations. Environmental public welfare organizations are the subjects that have the right to bring civil environmental public welfare litigation according to law. At present, there is a big vacancy in 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 implementation of the regulations. In order to change the passive situation, we will actively communicate with environmental protection and relevant departments, speed up the establishment and improvement of environmental protection public welfare organizations, support them to perform their duties according to law, make up for shortcomings, jointly perform the functions of litigation subjects, and ensure that public welfare litigation organizations are in place.
Provincial Public Security Department:
Strictly control the registration and inspection of motor vehicles.
According to the relevant provisions of the Regulations on the Prevention and Control of Air Pollution in Jilin Province, the public security organs are mainly responsible for issuing the qualified marks of motor vehicle safety and technical inspection, checking the environmental inspection of motor vehicles on the road, and cooperating with relevant provincial departments to eliminate yellow-label vehicles. The province's public security organs will strictly implement the relevant provisions of the Regulations on the Prevention and Control of Air Pollution in Jilin Province, based on their own responsibilities, increase the intensity of road inspection and control, strictly control the registration, transmission and distribution of security signs, and actively cooperate with relevant departments to do a good job in the prevention and control of air pollution.
The public security organs will further strengthen the road management and control in the province, take the ongoing centralized traffic rectification action as an opportunity to organize a special rectification action on environmental protection signs, severely crack down on illegal driving of vehicles that fail to meet environmental protection standards, and focus on dealing with a number of behaviors that do not participate in environmental protection inspections and fail to receive environmental protection inspection qualified signs, thus improving drivers' understanding of regularly participating in environmental protection inspections and forming a good consciousness of not going on the road if environmental protection inspections fail. Tonghua, Baishan, Yanbian and Changbai Mountain areas should introduce regulations on the restriction of yellow-label vehicles in the name of the government as soon as possible, strictly implement the restriction mechanism of yellow-label vehicles, and speed up the elimination of highly polluting vehicles.
In accordance with the unified deployment requirements of the provincial government, we will conscientiously do a good job in the prevention and control of motor vehicle pollution. Strictly control the registration and inspection of motor vehicles, improve supervision measures, refine work processes, and use effective means such as remote supervision systems to resolutely plug management loopholes. Motor vehicles that do not meet the emission standards of our province shall not be registered and transferred; Without obtaining the environmental protection inspection mark, the motor vehicle safety technical inspection mark will not be issued.
Provincial Department of Industry and Information Technology:
Strengthen the work of de-capacity in the industry
In the next step, the Provincial Department of Industry and Information Technology will faithfully perform the relevant duties entrusted by the province's air pollution prevention and control work, and earnestly complete the tasks undertaken.
In accordance with the overall arrangement of the "five major tasks" of the state and the provincial government, and in accordance with the division of responsibilities, actively do a good job in de-capacity work in the steel, coal and cement industries; At the same time, in accordance with the unified requirements of the provincial government, actively resolve the excess capacity of other industries, eliminate the backward production capacity of high-energy-consuming industries in accordance with national requirements, and continuously increase the emission reduction of major pollutants.
Focus on four aspects of special energy-saving supervision, promote enterprises to improve technology and update equipment, and promote enterprises to reduce pollution emissions. First, carry out special supervision around improving the energy efficiency of industrial motors and distribution transformers, and promote enterprises to eliminate inefficient motors and high-energy distribution transformers; Second, carry out special supervision around the implementation of energy consumption quota standards in steel and cement industries to promote enterprises to improve energy efficiency and reduce pollution emissions; The third is to carry out special supervision around the comprehensive improvement of energy conservation and environmental protection of coal-fired industrial boilers, and promote enterprises to eliminate inefficient coal-fired industrial boilers; Fourth, carry out special supervision around the implementation of the ladder electricity price policy in the cement industry, and promote enterprises to transform production processes and update energy-consuming equipment. Strive to stipulate that the energy consumption per unit of industrial added value will decrease by 18% compared with 2020.
Adhere to source prevention, reduce emissions, give full play to the main role of enterprises, strengthen policy guidance and support, promote the application of 36 advanced and applicable cleaner production technologies in key industries, promote the implementation of cleaner production technological transformation in key industries in our province, improve the level of cleaner production in industries, and reduce the emission intensity of air pollution. Efforts will be made to reduce the total amount of sulfur dioxide, nitrogen oxides, smoke (dust) and volatile organic compounds. At the same time, focusing on the comprehensive utilization of industrial "three wastes", we will cultivate key enterprises and popularize a number of advanced production technologies and applicable technologies. Strive to achieve a comprehensive utilization rate of industrial solid waste of 73% in 2020.
Provincial Environmental Protection Department:
Carry out the special action of "Changjiping" in three cities * * *
The provincial party committee and government attach great importance to the prevention and control of air pollution. In June, Jilin Clean Air Action Plan, guiding opinions on strengthening emergency control measures to alleviate the impact of heavily polluted weather, and special actions such as "Changjiping" and "Three Cities" will be launched in an all-round way. The province's environmental protection system should aim at the bottleneck problem that restricts the improvement of air quality, adhere to the problem orientation, highlight key areas, strictly control key time periods, seize key links, actively coordinate relevant departments, establish a joint prevention and control mechanism, and earnestly implement it.
Vigorously carry out clean air operations. Accelerate the adjustment of energy structure, control the total coal consumption, and vigorously develop clean energy. Strengthen industrial pollution control, intensify the elimination of backward and surplus production capacity, and promote enterprises to "retreat from the city to enter the park." Vigorously promote the transformation of flue gas standards and smoke pollution control in industrial enterprises, and implement the transformation of small coal-fired boilers and the ultra-low emission of coal-fired power plants. Strictly control urban dust, motor vehicles and domestic pollution sources, and forcibly eliminate "yellow-label vehicles" and old motor vehicles. Actively promote the construction of "no-burning zone" and "no-smoking zone" in cities. Further strengthen the supervision of straw burning ban and promote the comprehensive utilization of straw. By the end of 2020, the ambient air quality in the province will be significantly improved, and the heavily polluted weather will be basically eliminated. The number of days with good ambient air quality in the city where the city (state) government is located will reach more than 292 days in stages.
Strengthen emergency control of heavily polluted weather. By taking comprehensive emergency control measures such as industrial enterprises stopping production and limiting production, strengthening the supervision of pollution control facilities, formulating and implementing clean coal substitution, strengthening dust control, implementing motor vehicle restrictions, advocating green travel, prohibiting the burning of crop straws, strengthening oil and gas control, strictly controlling domestic pollution sources, and strengthening meteorological intervention, the "winter disease is treated in summer" and "advanced control" are realized. Strive to reduce the total emission of air pollutants in the whole province by more than 15% during the early warning period of heavy pollution weather, and the heavy pollution weather in Changchun, Jilin and Siping will be reduced by 3-5 days a year, and other prefecture-level cities will be reduced by 2-3 days a year.
Carry out the special action of "Changjiping" three cities. Focusing on Changchun City, Jilin City and Siping City in the middle of our province, we will form a * * * governance plate for three urban areas, promote the overall advancement of the east and west wings, focus on solving outstanding air pollution problems, and strive to make substantive breakthroughs in the short term. It is necessary to focus on key areas, implement total control, strictly control key time periods, implement polluter responsibilities, and focus on measures such as industrial emission reduction, rigid coal suppression, effective dust suppression, vehicle control, lampblack control, and straw control in Changji and Pingsan. By the end of 20 17, the days of excellent ambient air in Changchun, Jilin and Siping increased by more than 30 days respectively, and the days of severe pollution decreased by more than 8 days respectively, and the ambient air quality improved obviously, providing a comparable benchmark for the prevention and control of air pollution in the whole province.
Provincial Housing and Construction Department:
Highlight management and do a good job in air pollution control
Establish a comprehensive control mechanism for building dust pollution. Establish a leading organization for special control of building dust, formulate a work plan, clarify work responsibilities, and do a good job in dust control and management. Comprehensively promote the standardized management of the construction site, focus on the implementation of the "Jilin Province Construction Site Standardization Management Standard Assessment Method", and popularize and apply the "Jilin Province Construction Site Standardization Atlas".
Carry out special treatment of construction muck transportation. The local construction administrative department shall, jointly with relevant departments, strengthen the management of construction waste transportation, organize and carry out special treatment actions for construction waste transportation, and set up vehicles at the exit of the construction site in strict accordance with relevant requirements.
Clean the facilities, and assign special personnel to wash the vehicle chassis and tires. Speed up construction industrialization. Fully implement the "faceless" work, fully use commercial concrete, vigorously promote ready-mixed mortar, and minimize wet work on site. Increase investment in cleaning and improve the coverage rate of mechanized cleaning. Effectively increase financial input, scientifically equip road sweepers, sprinklers and fast cleaning vehicles with various functions in proportion, and solve the contradiction between insufficient cleaning equipment and the continuous expansion of the city.
Support and encourage all localities to promote the application of new energy technologies such as ground source heat pump, seawater heat pump and solar power generation in combination with natural climate characteristics. Intensify efforts to comprehensively promote energy-saving projects such as regional cogeneration, energy saving by government agencies, and green lighting. Clear heating system safety, energy saving, environmental protection, health and other technical requirements, improve service quality standards and evaluation and supervision methods. Supervise heating enterprises to upgrade environmental protection facilities, promote renewable energy and clean energy heating according to local conditions, increase the proportion of clean energy, reduce fossil energy consumption and reduce pollutant emissions.
Adhering to the principles of undiminished efforts, undiminished standards, positive actions and overall promotion, the province's "warm house" project completed the construction of heat sources of 24 million square meters, dismantled and merged 200 small boiler houses, transformed the old heating pipe network1.20 thousand kilometers, implemented the heating metering and energy-saving transformation of existing residential buildings of 5 million square meters, and simultaneously implemented the comprehensive environmental improvement of old residential areas of 2 million square meters, thus completely completing the "warm house".