New air pollution control law released

New air pollution control law released

On August 29, 2015, Chinese President Xi Jinping issued the “President's Order” No. 31, officially issuing the “Law of the People’s Republic of China on Prevention and Control of Atmospheric Pollution” (hereinafter referred to as “The Prevention and Control of Air Pollution” passed by the 16th Session of the 12th National People's Congress. Air Pollution Control Act)). This is the first revised environmental protection law after the new environmental protection law. If the final review is passed, the new air pollution control law will be implemented in 2016.

Prof. Wang Fangchen of the Beijing Institute of Ecological Civilization Engineering stated that the promulgation of the Law on the Prevention and Control of Atmospheric Pollution indicates that in the face of atmospheric pollution problems, there must be legal management to have hope and solve the problems of legal restrictions and guarantees. This is of great significance.

Compared with the previous legal text, this law has made great progress, and has put forward new requirements for the management of coal, motor vehicles, and volatile organic pollutants. Among them, the “Motor Vehicle Limitation Licensing Clause was deleted” became the highlight of the “Air Pollution Prevention Law”. Not only that, the fuel quality has received more attention, and the formulation of fuel quality standards should comply with the national air pollutant control requirements. At the same time, the The refining enterprise shall produce fuel oil in accordance with fuel quality standards.

Ma Jun, director of the Center for Public Environment Research, said that the reason for removing the motor vehicle's restricted authorization clause lies mainly in the contradiction between this clause and the right to use private property. Although the long-term treatment of pollution problems in China is still ineffective, it is so There may be parts of it that may have to be last resort, but in any legislation, it should not contradict the basic principle. Even if it is to be done, it should be authorized in advance, rather than being directly written into the law.

Some legal experts believe that the final removal of the motor vehicle's restricted-entry provisions reflects the unification of the Air Pollution Prevention Act and the Property Law. From the national legal level, this is a progress.

As regards the development of unified fuel quality standards, Ma Jun pointed out that air pollution between various regions can easily influence each other. Without uniform fuel quality standards, some large heavy trucks are likely to be driven by interest to areas with relatively low refueling costs. Refuel. Different standards, the level of emission pollution will be different, through the unified oil standards across the country, "a national chess game" is more conducive to governance.

The preparations for the revision of the "Atmospheric Law" began long ago, but the process has been slow. Although the new law has been introduced, but vice president and chief engineer Wang Jinnan of the Environmental Protection Department of the Ministry of Environmental Protection also said: “I personally think that the newly revised Air Pollution Prevention Act still has some flaws, but if we can seriously implement 80 %, the whole society can protect the atmosphere in accordance with the law, then the blue sky and white clouds will be resident in our dome."

Ma Jun believes that the content covered by the new law is very extensive. However, the key to the problem is not how comprehensive the coverage issue is, but also how to adopt such a law to allow some standards and measures for the prevention and control of atmospheric pollution that were developed before. Effective landing.

For a long time, the most controversial process in the formulation of the Law on the Prevention and Control of Atmospheric Pollution was that the law did not incorporate air quality standards into the core issues, but still focused on the part of emissions, putting total control first. However, if there is only a reduction in emissions and there is still no major improvement in air quality, it is still not convincing. Ma Jun pointed out that although it was finally proposed that the government departments should conduct assessments and disclose information, it was not clear enough.

In addition, Ma Jun believes that the part of public participation in information disclosure needs to be strengthened. He believes that only through effective social supervision will force the implementation of the law, which will force companies to reduce their emissions. Although the new law requires the publication of a list of key polluting companies, this is still far from enough. In the new Environmental Protection Law, there is a special chapter that mentions the issue of public participation. The Air Pollution Prevention Act apparently lacks this aspect. Reached the same level as the "Environmental Protection Law".

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