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Interpretation of environmental monitoring management measures
On July 25th, 2007, the State Environmental Protection Administration promulgated the Administrative Measures for Environmental Monitoring (Order No.39 of the State Administration, hereinafter referred to as the Measures), which will be implemented in September 1 year. I. Deeply understand the significance of the Measures. The promulgation of the "Measures" has further improved the legal system of environmental protection, filled the gap in environmental monitoring legislation, and provided a clearer legal basis for promoting the basic work of environmental monitoring and carrying out various innovative work. 1. The promulgation of the Measures is an important measure to promote this historic change. To realize three historic changes in environmental monitoring, we must assess the situation and take the initiative to change. To realize "paying equal attention", we must understand the environmental monitoring work from the overall situation of social and economic development, and the environmental monitoring work must jump out of the environmental protection system and integrate into the whole economic and social development. To achieve "synchronization", we must highlight the characteristics of initiative, forethought and prevention. To achieve "synthesis", we must highlight the role of technical factors in the process of environmental protection. 2. The promulgation of the Measures is an important supporting condition for promoting energy conservation and emission reduction. Environmental monitoring system is one of the three supporting systems for total pollutant emission reduction. Scientific emission reduction index system must be measured by monitoring means, and scientific emission reduction assessment system must be supported by monitoring data. Zhou Shengxian, director of the State Environmental Protection Administration, pointed out that to establish an advanced environmental monitoring and early warning system, it is necessary to ensure accurate data, strong representativeness, scientific methods and timely transmission; Fully reflect the status and changing trend of environmental quality, timely track the changes of pollutant discharge from pollution sources, accurately warn and respond to various sudden environmental incidents in time to meet the needs of environmental management. The core task of environmental monitoring system construction is to solve the institutional problems that have long plagued and restricted environmental monitoring work. The promulgation of the "Measures" has comprehensively sorted out the attributes, positioning, management, norms and penalties of environmental monitoring, and provided an all-round institutional framework for building an advanced environmental monitoring and early warning system. 3. The promulgation of the Measures is an important step to improve the environmental legal system. Environmental monitoring is obviously lagging behind in the process of legal system construction, so far there is no unified and special environmental monitoring laws and regulations. The provisions of current laws on environmental monitoring are scattered, and the definitions of environmental monitoring in some laws and regulations overlap. The lack of laws and regulations has seriously affected the authority and standardization of environmental monitoring management and has become one of the main obstacles to the development of environmental monitoring work. 4. The promulgation of the "Measures" is a realistic need to innovate the management system and operation mechanism. At present, although laws and regulations clarify the unified supervision and management responsibilities of environmental protection departments and the responsibilities and division of labor of relevant monitoring work of various departments, overall, environmental monitoring management has not been unified. The accurate positioning of the environmental monitoring work of the environmental protection system and the specific provisions on the release of environmental monitoring information in the Measures will help to straighten out the relationship between all parties and solve the problems of environmental monitoring management system and mechanism in depth. 5. The promulgation of the "Measures" is an important basis for formulating the "Regulations on Environmental Monitoring Management". Since 2002, the State Environmental Protection Administration has begun to study the legislation of environmental monitoring, taking into account the legislative procedures and cycles, and based on the pragmatic principle, it has made provisions on environmental monitoring involved in environmental protection systems for the first time, and issued departmental regulations. The promulgation of the "Measures" not only solved the problem of lack of laws in the field of environmental monitoring at present, but also laid a solid foundation for the formulation of the Regulations on Environmental Monitoring Management. Second, carefully understand the connotation of the Measures. To learn and understand the Measures, we must grasp six points: 1. Correctly understand the legal status of environmental monitoring. The Measures emphasize the legal nature of environmental monitoring from three aspects. First, the connotation of environmental monitoring has been reaffirmed and expanded. That is, environmental quality monitoring, supervisory monitoring of pollution sources, emergency monitoring of sudden environmental pollution incidents and other environmental monitoring activities that provide monitoring data for environmental management activities such as environmental status investigation and evaluation. This kind of environmental monitoring activities are all government actions, public affairs representing public interests, and carried out in order to better exercise public power. The second is to stipulate the legal effect of environmental monitoring results. The environmental monitoring data obtained according to law is the basis of environmental statistics, sewage declaration and verification, sewage charge collection, environmental law enforcement and target responsibility assessment. Over the years, there are still "two skins" and "multiple skins" in environmental management. The data of environmental monitoring, environmental statistics and pollutant discharge declaration are contradictory, which leads to a lot of waste of monitoring resources and affects the standardization and unity of environmental management. The "Measures" clearly stipulates the effectiveness of the use of environmental monitoring data, which is to change this phenomenon of more than one size. Third, it is emphasized that environmental monitoring activities and environmental monitoring facilities are protected by law. The "Measures" stipulate the illegal acts of enterprises in a special chapter, and clarify the punishment methods for illegal acts in different degrees. For the destruction of environmental monitoring facilities, the Measures also clarify the punishment measures. 2. Construct the basic pattern of unified supervision. Due to the unclear division of departmental responsibilities and the development of environmental monitoring itself, the unified supervision and management of environmental monitoring has always been a shortcoming of the whole environmental protection work. The "Measures" stipulate from three aspects: First, unify the standards. The Measures stipulate that the State Environmental Protection Administration shall be responsible for formulating national unified technical standards and norms for environmental monitoring according to law. For projects not specified in the national technical standards and norms for environmental monitoring, the provincial environmental protection department may formulate local technical norms for environmental monitoring. At present, the monitoring data are not comparable due to the inconsistency of the industry norms formulated by the relevant departments to carry out monitoring. Unifying technical standards and norms is conducive to improving the comparability of monitoring data of various institutions. The next step is to clean up the current technical standards and norms of environmental monitoring. First, abolish and revise inapplicable environmental monitoring related norms in time, and integrate inconsistent norms; The second is to formulate relevant standards and technical specifications such as automatic monitoring of pollution sources and transmission of environmental information around pollution reduction targets; Third, do a good job in the connection of relevant technical standards and norms in different departments and industries. The second is unified information release. The "Measures" clarify that environmental protection departments at or above the county level are responsible for the unified release of environmental monitoring information such as environmental pollution accidents and environmental quality conditions in their respective administrative areas. The provisions of the original environmental laws and regulations on the release of environmental information are too general, and the repeated release of environmental monitoring data and information has damaged the authority, seriousness and credibility of government environmental information. The unified release of environmental monitoring information requires the establishment of a unified environmental monitoring database and the gradual formation of a * * * sharing mechanism for environmental monitoring data of governments at all levels and departments. The third is a unified logo. Unified identification is to establish a set of identification system with bright colors, accurate meaning and easy cognition. 3. Separation of environmental monitoring management and technology. For a long time, the relationship between environmental monitoring management and technology has never been scientifically defined. First, management is emphasized, while technology is ignored. Environmental monitoring station undertakes environmental monitoring management and technical work at the same time, which leads to the separation of politics and affairs and affects the overall work efficiency. Moreover, due to the short accumulation time of environmental monitoring technology and the relative backwardness of environmental monitoring technology, some environmental hot issues have not been effectively supported by technology for a long time; Second, the quality of environmental monitoring data in some places can not be effectively guaranteed; The third is to pay attention to the result and ignore the process. In environmental monitoring, we attach great importance to the analysis of laboratory samples and the filling and summarizing of data, but there is no unified and effective means in the process of sample collection, storage and transportation, sample pretreatment and information transmission, which affects the reliability of environmental monitoring data. The Measures clearly define the responsibilities of the environmental protection department and its subordinate environmental monitoring institutions. In a word, the competent department of environmental protection is responsible for environmental monitoring management, and the subordinate environmental monitoring institutions undertake technical support work, thus achieving a reasonable division of labor between the competent department of environmental protection and environmental monitoring institutions. To realize the separation of management and technology, it is necessary to set up special environmental monitoring and management institutions. At the national level, an environmental monitoring and management agency should be established in time to implement unified supervision and management, and local governments should also set up corresponding regulatory agencies or clarify corresponding functional departments (departments). For cross-regional and inter-basin environmental problems that cannot be effectively solved for a long time, the State Environmental Protection Administration will consider establishing a cross-border environmental monitoring agency directly under it. 4. Strengthen the construction and management of environmental monitoring network. The Measures stipulate the elements of the environmental monitoring network, that is, the monitoring points (sections) of each environmental monitoring element, and also stipulate the establishment and operation subjects of the environmental monitoring network. To strengthen the construction of environmental monitoring network, we must adhere to unified planning, determine the input and management subjects according to the division of powers, and reasonably determine the management and operation modes of different types of networks. The State Environmental Protection Administration should build a national environmental monitoring network and scientifically optimize network coverage. The national environmental monitoring network should comprehensively optimize the layout of monitoring points and sections of ambient air, surface water, soil and acid rain from the perspective of national scale and international performance, and reflect the current situation and changing trend of environmental quality from the national level. The construction of provincial, city and county environmental monitoring networks should adhere to the principle that local governments are the main body of construction and operation. In the process of site selection and optimization, local environmental monitoring network should reflect the characteristics of regional ecosystem, highlight key points and make differences. Relevant sites of the national network can be merged into the local network, and national and local governments can use and evaluate them from different angles. 5. Strengthen the quality management of the whole process of environmental monitoring. The "Measures" formally put forward the concept of quality management in the whole process of environmental monitoring for the first time, reiterated that environmental monitoring stations should reach the corresponding monitoring capacity according to the construction standards, stipulated the training, assessment and appointment of environmental monitoring personnel, and emphasized the responsibilities of environmental protection authorities and environmental monitoring stations in quality management. Environmental protection bureaus and monitoring stations at all levels should earnestly fulfill their respective environmental monitoring quality management responsibilities, establish relevant systems for environmental monitoring data quality management, and strengthen the control and traceability of the whole process of sample collection, preservation, transportation, pretreatment, laboratory analysis, data summary and comprehensive analysis. 6. Clarify the responsibilities and obligations of enterprise environmental monitoring. Monitoring pollution discharge is the responsibility of both environmental protection departments and pollution discharge enterprises. At present, the self-monitoring ability of Chinese enterprises is developing slowly, and the monitoring level is generally low. The monitoring of enterprise pollution discharge involves a large amount of work and a wide range, and it is difficult to achieve satisfactory results only by relying on the environmental monitoring institutions affiliated to the environmental protection department. The "Measures" creatively stipulate that polluters have the responsibility to provide pollutant discharge data to the government environmental protection department on a regular basis, and ensure the accuracy, authenticity and timeliness of the data, and polluters must carry out self-monitoring of pollutant discharge status. To implement this regulation, it is required that capable enterprises must establish self-test institutions, and their monitoring ability and data validity shall be audited and regularly verified by environmental monitoring stations affiliated to provincial environmental protection departments; Do not have the ability, must entrust a qualified environmental monitoring agencies to monitor. The environmental monitoring institutions affiliated to the environmental protection department have shifted from undertaking specific monitoring tasks to more supervision and management of enterprises' self-monitoring behaviors. Enterprise monitoring institutions and other social monitoring institutions are an integral part of environmental monitoring. It is necessary to establish strict access, supervision and elimination mechanisms for environmental monitoring, integrate social monitoring forces, abandon "small" monitoring and establish the concept of "big" monitoring. Third, effectively promote the implementation of measures. Environmental monitoring management institutions and environmental monitoring institutions at all levels must seize the rare opportunity of environmental monitoring development, seriously organize the publicity and implementation of the Measures, and conscientiously implement the relevant provisions of the Measures. 1. Attach great importance to it, organize it carefully, and do a good job in the study of measures. Environmental protection departments at all levels should focus on strengthening the study of the staff of the organs, especially the relevant departments (departments), and clarify the vague and incorrect understanding of environmental management personnel in environmental monitoring. 2 strengthen leadership, clear division of labor, study and implement item by item. Due to the limited space of departmental regulations, the Measures cannot be detailed in terms of environmental monitoring data management, information release methods, environmental monitoring network management, and qualification management of environmental monitoring institutions. It is necessary to formulate supporting implementation rules as soon as possible. Environmental protection bureaus and monitoring stations at all levels should carefully study the shortcomings and problems of their own work according to the Measures and put forward implementation measures item by item. 3. Focus on the overall situation, focus on it, and ensure the effectiveness of energy conservation and emission reduction. It is necessary to incorporate the implementation of the Measures into the overall work of environmental protection, and take the lead in building the "three major systems" for emission reduction and an advanced environmental monitoring and early warning system. Actively strive for the support of local governments, strive for favorable conditions in terms of policies, funds and talent team building, and earnestly strengthen the capacity building of basic and special environmental monitoring. 4. Various forms, pay attention to actual effect, and strengthen the publicity of enterprises. On the one hand, through media reports, distribution of promotional materials and other forms of publicity to enterprises; On the other hand, environmental monitoring requirements should be comprehensively considered in project approval, daily supervision and policy financial support. Enterprises that fail to set up online monitoring devices for pollution sources as required, fail to seriously carry out self-inspection of sewage discharge and obstruct environmental monitoring and supervision shall be dealt with severely in accordance with relevant regulations.