A "positive list" that ≠ environmental deregulation and ≠ done once and for all
"Positive list", presumably a buzzword in the environmental community these days.
In order to support relevant enterprises to resume work and production, the Ministry of Ecology and Environment proposed to establish and implement a positive list for EIA approval and a positive list for supervision and law enforcement.
Develop and implement a positive EIA checklist:
"Implement a batch of exemptions, inform a batch of commitments, and optimize a batch of services."
Some projects can be exempted from EIA procedures; some industries related to people's livelihood such as those with generally controllable environmental impact, greater impact on the epidemic, and employment-intensive are included in the EIA notification commitment system approval reform pilot (17 categories and 44 subcategories); strengthen project EIA approval services.
Develop and implement a positive checklist for supervisory enforcement:
Exempt some enterprises from on-site law enforcement inspections; implement off-site supervision methods.
It is required that the implementation time of the "two lists" will in principle end in September 2020, which can be appropriately extended according to the needs of the situation.
It should be noted that ① "Boosting the economy ≠ relaxing environmental supervision", the Ministry of Ecology and Environment responded to this issue at a press conference in February 2020. ② Included in the list ≠ "once and for all" → Dynamic adjustment
Around these requirements, many provinces, municipalities and autonomous regions have clarified local plans.
Hubei's 1,423 companies are included in the positive list of environmental supervision -
On March 27, the Provincial Department of Ecology and Environment officially issued the "Hubei Provincial Ecological Environment Supervision and Law Enforcement Positive List Management Measures (Trial) ", involving "702 (epidemic prevention and control) + 240 (heavily polluted weather) + 481 (daily) " enterprises and projects.
The positive list of epidemic prevention and control ecological and environmental protection supervision and law enforcement, the valid period is in principle up to the sixth month after the end of the epidemic; the positive list of ecological and environmental protection supervision and law enforcement in heavily polluted weather, the implementation time is during the emergency response period of heavily polluted weather; the daily ecological and environmental protection The positive list of supervision and law enforcement has a valid period of one year from the date of publication. The positive list implements a dynamic adjustment system, the first two types of lists are adjusted according to actual needs, and the daily supervision list is updated once a year.
Implementation Rules for the "Positive List" for Jilin EIA Approval (Trial) -
Construction projects that fall within the scope of the pilot reform of the EIA notification commitment system approval in the "positive list" should all implement the EIA notification commitment system approval.
For cross-industry and compound construction projects, the environmental impact assessment category is determined according to the highest single level.
For projects that have been accepted before the issuance of these Detailed Rules, the construction unit may independently choose whether to implement the notification and commitment system for approval according to the time requirements for the resumption of work and production.
Construction projects that implement the EIA notification commitment system for approval should be accepted immediately on the premise that the basic application materials of the enterprise are complete.
All construction projects in the "positive list" that fall within the scope of EIA exemption will be exempted from EIA.
Shaanxi EIA's "positive list" exemption management covers 33 sub-categories of items -
The "Positive List of Environmental Impact Assessment Approval and Approval in Shaanxi Province" implements pilot EIA exemption management for 13 categories and 33 sub-categories of projects, including agricultural and sideline food processing industries and food manufacturing industries; for 22 categories and 54 sub-categories of projects, it implements a pilot EIA notification commitment system.
In principle, as of the end of September 2020, it can be appropriately extended according to the needs of the situation.
In principle, these projects are not included in the environmental impact assessment management of construction projects, but do not exempt the construction unit from the ecological and environmental responsibility that should be borne.
Hebei: Further do a good job in positive list assistance and supervision -
Relevant enterprises will be fully included in the positive list of ecological environment supervision, and services will be guaranteed with all our strength. Even during the emergency response period of heavily polluted weather, we must insist on unlimited production, no production suspension, no inspection, and no disturbance.
Actively connect with local industry and information technology, development and reform, health and epidemic prevention departments, and timely include the positive list of key enterprises and medical and health construction projects involved in epidemic prevention and control, make every effort to ensure normal production operation and construction, and submit the list of enterprises and projects to the Provincial Atmosphere Office in a timely manner.
For vehicles transporting epidemic prevention and control materials, the necessities of life of the masses, as well as special vehicles such as garbage collection and transportation vehicles and medical waste operation vehicles, even during the emergency response period of heavily polluted weather, we must insist on no inspection, no restrictions, and no disturbance, so as to ensure normal transportation.
Chongqing: 6 types of enterprises with 4 conditions can be included in the positive list of supervision and law enforcement -
First, the urgently needed medical and health care and material production enterprises for epidemic prevention and control have been identified and recognized by the local party committee government and epidemic prevention and control headquarters;
Second, enterprises in key industries for people's livelihood protection and enterprises in industries with low pollution and strong employment-absorbing ability shall be included according to their environmental law-abiding, environmental management, pollutant discharge, and operation of pollution prevention and control facilities;
The third is major engineering projects and enterprises in key fields, which have conducted on-site law enforcement inspections in the past 1 year and have no records of serious environmental violations, or installed online monitoring equipment as required and networked with the ecological environment department;
Fourth, for other enterprises that have installed online monitoring, the online monitoring equipment is networked with the ecological environment department, and operates stably, with good environmental credit, no environmental violation record within 1 year, and the online monitoring data is stable and up to standard.
For the top 5 categories of enterprises on the positive list, those selected by "double random" during the implementation of the list can be exempted from on-site law enforcement inspections. For the sixth category of enterprises on the positive list, during the implementation of the list, they can be supervised as "double random, one public" general supervision objects to reduce the frequency of random checks. For enterprises not included in the list, daily law enforcement work will be carried out in strict accordance with the requirements of "double random, one public" supervision.
5 measures in Inner Mongolia to implement the positive list of supervision and law enforcement -
Establish a positive list, and each city will comprehensively sort out and carefully check the relevant enterprises within its jurisdiction, list the eligible enterprises, and make dynamic adjustments according to the actual situation.
Optimize law enforcement methods. Further optimize law enforcement methods and promote the implementation of classified supervision. Enterprises with light pollution, low risk, and strong law-abiding awareness are exempt from some on-site inspections, and enterprises with heavy pollution, high risk, and weak law-abiding awareness should increase law enforcement investigations and punishments.
Improve the effectiveness of law enforcement. Make full use of remote sensing, drone inspections, online surveillance, video surveillance, big data analytics and other scientific and technological means to carry out off-site inspections, accurately find problems, and promptly remind enterprises to resume work and production to operate pollution control facilities normally.
Strengthen the supervision of medical institutions during the epidemic. 100% full coverage of environmental supervision and services for all medical institutions and facilities within the jurisdiction, and 100% full implementation of the timely and effective collection, transfer and disposal of medical waste and medical wastewater as the main goal. Strengthen the supervision of medical waste and medical wastewater units.
Pay attention to environmental supervision. In order to effectively improve the quality of the environment and ensure that the tough battle of pollution prevention and control is won, the alliance cities whose environmental quality has declined or whose comprehensive index ranks low in the region must increase the frequency of law enforcement against off-list enterprises with heavy pollution, high risks, and weak awareness of law-abiding, and focus on investigating and punishing subjective malicious pollution discharge, illegal and criminal acts, and focus on investigating and punishing a number of influential typical cases.
Ningxia: Except for petition reporting and verification, the listed companies do not conduct on-site law enforcement inspections -
Reduce the frequency of on-site inspections for enterprises with light pollution, low risk, and strong law-abiding awareness, and increase the frequency of law enforcement for enterprises with heavy pollution, high risk, and weak law-abiding awareness.
For enterprises included in the list, except for special circumstances such as petition reporting and verification, on-site law enforcement inspections are generally not carried out.
For those directly affected by epidemic prevention and control, environmental violations are minor and corrected in a timely manner without causing environmental harm consequences, they may not be punished, and rectification shall be urged as soon as possible; for those who fail to complete rectification on time due to the direct impact of epidemic prevention and control, the rectification period may be extended as appropriate.
Write at the end:
Although there is no real "gold medal for avoiding death", the extraordinary role played by the positive list system in extraordinary times still needs to be paid attention to. And deeply realize that from "want me to transform" to "I want to transform" is the core of enterprises' ability to balance environmental and economic interests.