On May 18, Xiling Gorge of the Yangtze River after rain, with high gorges and flat lakes, green mountains and green waters, and swirling clouds, formed a beautiful natural ecological beauty. Abstract: Mercury pollution is becoming a serious pollution faced by the world, especially coal-fired power plants account for a large share of it. In this paper, the mercury pollution situation at that time and the monitoring requirements of various governments were sorted out, and the calibrators, catalytic conversion methods, measurement methods, key points and precautions in the system planning of the mercury continuous emission monitoring system CEMS were introduced. Polaris Atmosphere News: Recently, Henan Province printed and distributed the operation plan of Henan Province to promote industrial restructuring and win the battle against pollution. It is required in the plan that by the end of 2019, the province will strive to complete ultra-low emission transformation of steel, aluminum carbon, cement, glass, coking and electrolytic aluminum operations. The full text is as follows: On December 31, 2018, Li Ganjie, Minister of the Ministry of Ecology and Environment, went to Beijing, Langfang City, Hebei Province, and Tianjin to visit the front-line ecological environment monitoring and strengthening supervisors on behalf of the Party Leadership Group and the leadership of the Ministry of Ecological Environment Maintenance, and through them, extended New Year greetings to a wide range of cadres and workers of the ecological environment system in the country and all people from all walks of life who care about and support the ecological environment maintenance operations.
Polaris Environmental Protection Network News: Recently, the Shanghai Municipal Bureau of Ecology and Environment issued the "Shanghai Environmental Monitoring Data Cheating Behavior Query and Handling Measures". The full text is as follows:
Environmental protection bureaus of all districts and relevant units:
In order to ensure the accuracy of environmental monitoring data and investigate and deal with the fraud of environmental monitoring data in accordance with laws and regulations, we have formulated the Shanghai Environmental Monitoring Data Quality Implementation Plan (HWB [2018] No. 19) in accordance with the relevant rules of the Environmental Maintenance Law of the People's Republic of China, the Shanghai Environmental Maintenance Law, and the Shanghai Environmental Monitoring Data Quality Implementation Plan (HWB [2018] No. 19), It is hereby released after deliberation and approval of the 8th Director General's Office Meeting in 2018. The Measures shall come into force as of February 1, 2019.
06 Notice on Printing and Distributing the Procedures of Shanghai Municipality for Inquiry and Handling of Deceptive Behavior of Environmental Monitoring Data
Shanghai Municipal Bureau of Ecological Environment
Article 1 (Purpose and Basis)
In order to ensure the accuracy of environmental monitoring data, investigate and deal with the fraud of environmental monitoring data according to the law and regulations, the Measures are formulated in accordance with the Environmental Maintenance Law of the People's Republic of China, the Shanghai Environmental Maintenance Law, the Implementation Plan of Shanghai on Environmental Monitoring Data Quality before Deepening Environmental Monitoring Innovation (Shanghai Commission Office [2018] No. 19) and other relevant laws, regulations and documents, and in combination with the actual operation in this city.
Article 2 (Definition)
The environmental monitoring data referred to in these Measures refer to various monitoring data, results, statements and other information obtained through technical or automatic monitoring methods according to relevant norms or specifications.
The act of bluffing and bluffing about environmental monitoring data referred to in these Measures refers to the act of deliberately violating national laws, regulations, rules, etc., as well as the technical norms and specifications for environmental monitoring, tampering with, falsifying, or designating to tamper with, or falsify environmental monitoring data, or other acts that deliberately constitute false monitoring data. The definition of the query scope and the determination of the phenomenon of fraud are implemented in accordance with the relevant rules in the Measures for the Determination and Handling of Fraud and Deception in Environmental Monitoring Data (HF [2015] No. 175) issued by the former Ministry of Environmental Maintenance.
Article 3 (Scope of Application)
These Measures are applicable to the inquiry and handling of the fraud of various environmental monitoring organizations (including motor vehicle emission inspection organizations), automatic monitoring equipment operation and maintenance organizations, pollutant discharge units and other relevant environmental monitoring data that open environmental monitoring activities in this city.
The inquiry and handling of fraud related to environmental monitoring data of Party and government leading cadres and state organ operators shall be carried out in accordance with the relevant rules of the State and this Municipality.
Article 4 £¨ Responsibilities of Investigation and Punishment £©
The municipal ecological environment department as a whole is responsible for the query and processing of various environmental monitoring data fraud within the city; The ecological environment departments of each district are responsible for querying and processing the fraudulent behaviors of environmental monitoring data of environmental monitoring organizations that undertake their entrusted missions, and cooperating with the municipal ecological environment departments to query and process the fraudulent behaviors of various environmental monitoring data within their jurisdictions; The municipal and district level ecological environment laws are respectively used to query and process the fraudulent behavior of environmental monitoring data of relevant pollutant discharge units according to the hierarchical regulatory standards.
Other competent departments at the municipal and district levels responsible for environmental maintenance supervision and handling shall supervise and handle relevant environmental monitoring activities according to their respective responsibilities. If environmental monitoring organizations or their operators are found to be suspected of cheating on environmental monitoring data, or receive complaints or exposures, they shall promptly report or transfer the problems to the municipal ecological environment department.
Article 5 (Self discipline Responsibilities)
The environmental monitoring organization and its personnel shall be responsible for the authenticity and accuracy of the monitoring data; The pollutant discharging unit and its responsible person shall assume the responsibility for the authenticity and accuracy of the self monitoring data; The operation and maintenance organization of automatic monitoring equipment and its personnel shall assume corresponding responsibilities for monitoring data according to the operation and maintenance contract.
The above units shall open or cooperate in opening monitoring according to laws and regulations, properly keep the original records, ensure that all kinds of standing books are in good condition, and disclose relevant monitoring data and information according to law.
Article 6 (Basic Criteria)
The inquiry and handling of fraud in environmental monitoring data shall adhere to the criteria of law and regulation, down-to-earth, objective and fair.
Article 7 £¨ Inquiry Procedure £©
（1） On site inspection and filing
1. The municipal and district level ecological environment departments should organize their own ecological environment laws and ecological environment monitoring departments in a planned way, open up on-site inspections of various regulatory targets that touch environmental monitoring activities, and immediately fix the basis information and decide whether to file a case according to relevant procedures if it is found that environmental monitoring data is suspected of cheating.
2. The municipal and district level ecological environment laws open the daily on-site inspection for the pollutant discharge units and their automatic monitoring equipment operation and maintenance organizations. If it is found that there is a suspected fraud of environmental monitoring data, the basis data should be properly fixed immediately, and the case should be filed according to the relevant procedures.
3. If the municipal and district level ecological environment monitoring departments find that environmental monitoring organizations or automatic monitoring equipment operation and maintenance organizations are suspected of cheating on environmental monitoring data during daily inspection or routine monitoring, they should immediately and properly fix the basis information, and transfer it to the ecological environment department responsible for investigation and punishment as the clue and basis of the problem, so that they can decide whether to file the case according to relevant procedures. If it is found that the pollutant discharging unit is suspected of cheating on the environmental monitoring data, the problem clue and basis shall be timely transferred to the ecological environment law part responsible for investigation and punishment.
4. When the municipal and district level ecological environment departments receive complaints or exposures about suspected fraud of environmental monitoring data, or receive the problem clue of transfer of other parts, they should timely review the relevant information, and decide whether to file or transfer according to the relevant procedures. Personnel involved in the acceptance process shall be strictly confidential.
（2） Query and evidence collection
1. The inquiry and evidence collection of fraud cases of environmental monitoring data can be implemented in accordance with the relevant rules of the Administrative Disposal Law and the Environmental Administrative Disposal Measures. The ecological environment law can require the municipal and district level ecological environment monitoring departments or invite other experts to provide necessary technical support for the inquiry and evidence collection.
2. If sampling is required for evidence collection during the query process, personnel with relevant sampling qualifications shall conduct on-site sampling according to relevant specifications and specifications, and record the sampling process by shooting, video recording or other methods. During the inquiry and sampling process, the party concerned must be present and required to sign on the on-site inspection (survey) record or sampling record sheet. If the party refuses to sign, the inquirer shall indicate the status and ask other witnesses to sign.
3. In addition to the record of on-site inquiry (inquiry), the record of on-site inspection (survey), as well as the electronic basis such as photos, audio-video, etc., the basis for fraud cases of environmental monitoring data can be supplemented by collecting the following basis according to different links or different phenomena;
(1) On site monitoring or sampling: original records of on-site monitoring or sampling, records of quality control methods, records of on-site working conditions of pollutant discharging units, records of sample preservation and disclosure, records of environmental conditions, records of instrument use, records of on-site sealed samples, etc.
(2) Laboratory analysis: original records of analysis, records of quality control methods, records of quantity traceability, records of environmental conditions, records of instrument use, retained samples and other data.
(3) Cheating in the preparation of Chen Shuo: monitoring Chen Shuo (original and copy) and original records, trial records and other materials.
(4) The vehicle emission testing link is fraudulent: testing records, environmental conditions records, instrument use records, uploaded electronic inspection reports, local printing reports, vehicle basic data and other information. The cheating in the oil product testing link of the internal gas station of the enterprise shall refer to the "(1) cheating in the on-site monitoring or sampling link" of this paragraph.
(5) Automatic monitoring and operation and maintenance link cheating: production records, pollution discharge records, environmental protection handling equipment and automatic monitoring equipment operation and maintenance records, self monitoring statements, automatic monitoring equipment comparison monitoring statements, data stored in automatic monitoring instruments, as well as copied backup data from instrument equipment or data transmission equipment and environmental samples extracted according to law.
Article 8 £¨ Disposal £©
（1） If the environmental monitoring organization and the operation and maintenance organization of automatic monitoring equipment have cheating behaviors, the municipal and district level ecological environment departments shall deal with them according to the relevant rules of the Shanghai Environmental Maintenance Law and the Shanghai Environmental Monitoring Social Service Organization Procedures.
（2） If the pollutant discharging unit conducts fraud, the municipal or district ecological environment department shall deal with the units involved and relevant responsible persons in accordance with the Air Pollution Prevention Law, the Water Pollution Prevention Law, the Soil Pollution Prevention Law, the Noise Pollution Prevention Law and the Shanghai Environmental Maintenance Law.
（3） If the production and sale units of automatic monitoring instruments and equipment cooperate with the environmental monitoring data to falsify, the municipal ecological environment department will not connect the equipment installed in the pollutant discharging units to the Internet and report it to the Ministry of Ecological Environment in a timely manner in accordance with the Measures for the Determination and Treatment of Deception of Environmental Monitoring Data (HF [2015] No. 175).
Article 9 £¨ Notification of Transfer £©
If the municipal and district level ecological environment departments find that the responsibilities of other relevant departments are involved in the investigation and handling of environmental monitoring data fraud cases, they shall notify or transfer them to the relevant departments according to law. In the meantime, if the inspection and testing organization is suspected of cheating in one case in violation of the relevant rules for qualification determination, and the production and sales units of automatic monitoring instruments and equipment are suspected of cheating in cooperation with environmental monitoring data, they shall report to the relevant department of mall supervision or transfer; If environmental monitoring organizations or operation and maintenance organizations of other provinces and cities are suspected of cheating, they should also report or transfer to the provincial ecological environment department where the organization is registered.
If the environmental monitoring data fraud cases verified by the municipal and district level ecological environment departments should be detained according to law, in addition to being punished according to relevant laws and regulations, they should also be transferred to the public security organs for detention according to law; Those suspected of environmental violations shall be promptly transferred to the public security organ for criminal investigation.
Article 10 (Disclosure of Information)
The municipal and district level ecological environment departments shall, according to the rules of information disclosure, incorporate the illegal information of severely out of date units and personnel into the social public reputation information platform according to law.
Article 11 £¨ Social Supervision £©
Any unit or individual who finds that environmental monitoring data is fraudulent may disclose it to the municipal or district ecological environment department through letters, faxes, emails, 12345 citizen service hotline or "Shanghai Environment" website, or directly disclose it to the Ministry of Ecological Environment and other superior departments. The ecological environment at the municipal and district levels shall be kept confidential for the disclosing unit or individual.
Article 12 £¨ Right of Interpretation £©
The Measures shall be interpreted by Shanghai Municipal Bureau of Ecology and Environment.
Article 13 £¨ Implementation Date £©
The Measures shall come into force on February 1, 2019 and shall be valid until January 31, 2024.
Interpretation of the Guidelines of Shanghai Environmental Monitoring Data Inquiry and Handling Measures for Deception
1、 Background
Environmental monitoring is the fundamental operation of ecological environment maintenance and an important support to promote the construction of ecological civilization. Environmental monitoring data is the basic basis for objectively evaluating environmental quality, reflecting the effectiveness of pollution management, and implementing environmental management and decision-making. In recent years, the CPC Central Committee and the State Council have attached great importance to deepening the innovation of environmental monitoring, and successively issued the Construction Plan of Ecological Environment Monitoring Network (GBF [2015] No. 56), the Guiding Opinions on Directly Handling the Pilot Operation of System Innovation of the Monitoring and Supervision Rules of Environmental Protection Organizations below the Provincial Level (GBF [2016] No. 63) Opinions on the Quality of Environmental Monitoring Data in the Process of Deepening Environmental Monitoring Innovation (Ting Zi [2017] No. 35) and other important documents, the former Environmental Maintenance Department issued the Measures for Determining and Handling the Deception of Environmental Monitoring Data (HF [2015] No. 175) in December 2015. The release of the above documents has played an important role in ensuring the quality of monitoring data and comprehensively promoting the high-quality implementation of ecological environment monitoring in China.
At that time, in the field of environmental monitoring, local improper interference in environmental monitoring occurred from time to time, the phenomenon of fraud in monitoring data of pollutant discharge units was repeatedly prohibited, and the service level of environmental monitoring organizations was mixed. Across the country, there have been two planned and organized cases of falsification of air quality automatic monitoring data in Xi'an and Linfen. In Shanghai, in 2017, two typical cases of fraud in monitoring data, namely, online dust monitoring and vehicle emission monitoring, were investigated and dealt with. The fraud of these monitoring data seriously disturbs the government's environmental management and scientific decision-making, damages the credibility and authority of environmental monitoring data, and has a very bad impact on ecological environment monitoring operations.
For this reason, the Shanghai Municipal Bureau of Ecology and Environment formulated the Shanghai Environmental Monitoring Data Cheating Behavior Query and Processing Measures (hereinafter referred to as "the Measures") based on the Opinions of the Central Office of the People's Republic of China on the Quality of Environmental Monitoring Data in the Process of Deepening Environmental Monitoring Innovation (Ting Zi [2017] No. 35) and the former Ministry of Environmental Maintenance's Measures for Judging and Handling Environmental Monitoring Data Cheating Behavior (HF [2015] No. 175) and other relevant documents. These Measures will be connected with the Shanghai Environmental Maintenance Law, the Implementation Plan of Shanghai on Environmental Monitoring Data Quality in the Process of Deepening Environmental Monitoring Innovation (H.W.B. [2018] No. 19), the Notice on Strengthening the Supervision and Handling of Ecological Environment Monitoring Organizations in Shanghai (H.P.Z. [2018] No. 409) and other laws or documents, Further clarify the responsibilities of relevant functions of the city in the inquiry and handling of fraud cases of environmental monitoring data, and implement joint punishment and information disclosure for organizations and individuals suspected of fraud to ensure that environmental monitoring data are comprehensive, accurate, objective and realistic.
2、 Details
There are 13 articles in the Measures, which respectively make clear rules on the purpose and basis, definition, scope of application, investigation and punishment responsibilities, self-discipline responsibilities, basic guidelines, inquiry procedures, handling, notification and transfer, information disclosure, social supervision and other contents involved in the inquiry and handling of environmental monitoring data fraud.
1. Definition and Scope of Application
In the definition, it clearly defines the environmental monitoring data and the basis for judging fraud; In the scope of application, it is clear that the Measures mainly investigate and deal with the fraud of environmental monitoring data of various environmental monitoring organizations, automatic monitoring equipment operation and maintenance organizations and pollutant discharge units, and query and deal with the fraud of environmental monitoring data of party and government leading cadres and state organ operators in accordance with the relevant national and municipal rules.
2. Responsibilities
It emphasized the unified leadership of the Municipal Ecological Environment Bureau in the query and processing of environmental monitoring data fraud, subdivided the investigation and handling responsibilities of the municipal and district level ecological environment and ecological environment laws according to the mission origin and different applicable objectives, and put forward corresponding requirements for the responsibilities and responsibilities of other competent departments in the investigation and handling of environmental monitoring fraud.
3 About the query program
In accordance with the Administrative Disposal Law, the Environmental Administrative Disposal Measures and other laws and regulations, the procedures and operational requirements for filing, inquiring and obtaining evidence after environmental monitoring data fraud are found in different functional parts are clarified, and the categories and origins of the collected data are listed according to different links or phenomena of environmental monitoring, so that the functional part of inquiry and obtaining evidence can quickly and accurately fix the basis data and advance the efficiency of handling cases, Accurately impact the units and responsible persons suspected of cheating in monitoring data.
4. Disposal and notification of transfer
In accordance with the three types of objectives of environmental monitoring organization and automatic monitoring equipment operation and maintenance organization, pollutant discharge unit, and monitoring instrument and equipment production and sales unit, the rules, regulations or specific methods for handling and disposal are clarified respectively, and the relevance between different objectives and different cheating behaviors and other related responsibilities is considered, and the specific requirements for case notification or transfer are proposed.
5. Information Disclosure and Social Supervision
Make clear rules on environmental monitoring data fraud case investigation results, information disclosure, social supervision and disclosure channels, etc. to show
