Fine! The self monitoring content does not comply with the provisions of the pollution discharge permit How to determine the monitoring frequency for odor and related indicators in self monitoring exhaust gas?
发布时间：2024-04-20Typical case: Fine! The self monitoring content does not comply with the provisions of the pollution discharge permit
Jiangsu Chemical Co., Ltd. is located in Gaocheng Town, Yixing City, mainly engaged in the manufacturing of chemical reagents and additives. In 2020, it applied for the "Pollutant Discharge Permit" issued by the Wuxi Ecological Environment Bureau (issued on July 28, 2020). In the environmental management requirements for self monitoring of exhaust gas in the "Pollutant Discharge Permit", the testing content: the company should manually sample and monitor exhaust gas pollutants such as acrylamide, volatile organic compounds, and odor concentration at two monitoring points, including the workshop exhaust gas discharge outlet and the factory boundary; Detection frequency: The manual sampling monitoring frequency is once per six months.
On September 9, 2021, the Jiangsu Provincial Department of Ecology and Environment organized a remote law enforcement inspection. When law enforcement personnel reviewed the "Testing Report" (JSYA [2021] Environmental Inspection No. 292) provided by the company, they found that the company entrusted a Jiangsu testing technology Co., Ltd. to carry out self monitoring and issue a "Testing Report" (JSYA [2021] Environmental Inspection No. 292) on May 22, 2021. The "Testing Report" showed that the testing content at the workshop exhaust emission outlet was non methane total hydrocarbons and nitrogen oxides, and the testing content at the factory boundary was non methane total hydrocarbons, total suspended particles, and odor concentration. The above two detection points did not detect acrylamide pollutants, which is inconsistent with the self detection content stipulated in the environmental management regulations on self monitoring of exhaust gas in the Pollutant Discharge Permit.
The company shall conduct two or more self inspections in accordance with the environmental management requirements stipulated in the pollution discharge permit from the date of application for the "Pollution Discharge Permit" (issued on July 28, 2020) until the date of inspection. The company provided a "Testing Report" (JSYA [2021] Environmental Inspection No. 292) commissioned by a testing company in Jiangsu on May 22, 2021, for self testing. The testing content does not include acrylamide pollutants, and the testing content and frequency do not comply with the provisions of the "Pollutant Discharge Permit". It is an environmental illegal act and should bear corresponding legal responsibilities.
On December 1, 2021, the Ecological Environment Bureau of Wuxi City, after filing an investigation, legal review, and collective discussion, decided to impose a fine of 48000 yuan on a chemical company in Jiangsu Province for its environmental violations of the air pollution prevention and control management system and the pollution discharge permit management system, in accordance with Article 24 and Article 100 (2) of the Air Pollution Prevention and Control Law of the People's Republic of China, Article 19 and Article 36 (5) of the State Council's Regulations on the Administration of Pollutant Discharge Permits, and other provisions.
This case warns all polluting units to strictly implement the pollution discharge permit management system in their production and business activities, effectively carry out self monitoring in accordance with the law, enhance their awareness of environmental protection responsibilities, and actively fulfill their main responsibilities. At the same time, pollutant discharge units should also be responsible for the authenticity, accuracy, and completeness of their own monitoring content, and shall not engage in fraud. They should strictly comply with the requirements of relevant laws, regulations, and rules throughout the entire production and operation process.
How to determine the monitoring frequency for odor and related indicators in self monitoring exhaust gas
Self monitoring refers to the environmental monitoring activities organized by the polluting unit in accordance with relevant laws, regulations, and technical specifications, in order to grasp the pollutant discharge status of the unit and its impact on the surrounding environmental quality. For the frequency of environmental monitoring activities, the HJ 819-2017 Technical Guidelines for Self Monitoring by Polluting Units and the Pollutant Discharge Permit have clear requirements for monitoring frequency to ensure the representativeness and effectiveness of monitoring results. The frequency of monitoring odor and related indicators in exhaust gas has raised some doubts among many polluting units, and some even require odor and other indicators to be monitored at a frequency of 1. Improper monitoring frequency is considered a violation of regulations.
Relevant regulations and technical specifications requirements (taking Shanghai as an example)
1) Regulations on the Administration of Pollutant Discharge Permits
2) Implementation Rules for Shanghai Pollutant Discharge Permit Management
3) GB 18466-2005 Emission Standards for Water Pollutants from Medical Institutions
4) "Emission Standards for Odor (Odor) Pollutants" DB 31/1025-2016
5) Technical Specification for Environmental Monitoring of Odor Pollution HJ 905-2017
6) Comprehensive Emission Standards for Air Pollutants DB 31/933-2015
The relevant emission standards and monitoring technical specifications have clear requirements for monitoring frequency, as shown in Table 1.
Table 1 Emission Standards and Technical Specifications for Monitoring Frequency Requirements
legal provisions
Air Pollution Prevention and Control Law of the People's Republic of China
Article 24: Enterprises, institutions, and other producers and operators shall, in accordance with relevant national regulations and monitoring standards, monitor the industrial waste gas they discharge and the toxic and harmful atmospheric pollutants listed in the directory specified in Article 78 of this Law, and keep the original monitoring records. Among them, key polluting units should install and use automatic monitoring equipment for atmospheric pollutant emissions, connect with the monitoring equipment of the ecological environment management department, ensure the normal operation of the monitoring equipment, and publicly disclose emission information in accordance with the law. The specific methods for monitoring and the conditions for key polluting units shall be formulated by the competent ecological and environmental department of the State Council.
The list of key polluting units shall be determined by the ecological and environmental competent department of the local people's government at or above the level of a district, in accordance with the regulations of the ecological and environmental competent department of the State Council, based on the atmospheric environmental carrying capacity of the administrative region, the requirements for the total control indicators of key atmospheric pollutant emissions, and factors such as the types, quantities, and concentrations of atmospheric pollutants emitted by the polluting units, in consultation with relevant departments, and shall be made public.
Article 100: Those who violate the provisions of this Law and engage in any of the following behaviors shall be ordered to make corrections by the competent ecological and environmental department of the people's government at or above the county level, and shall be fined not less than 20000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification:
（1） Occupy, damage, or move or change atmospheric environment quality monitoring facilities or automatic monitoring equipment for atmospheric pollutant emissions without authorization;
（2） Failure to monitor and preserve original monitoring records of industrial waste gas and toxic and harmful atmospheric pollutants emitted in accordance with regulations;
（3） Failure to install and use automatic monitoring equipment for atmospheric pollutant emissions in accordance with regulations, or failure to connect monitoring equipment with ecological environment authorities in accordance with regulations and ensure the normal operation of monitoring equipment;
（4） Key polluting units that do not disclose or do not disclose their automatic monitoring data truthfully;
（5） Failure to set up air pollutant discharge outlets in accordance with regulations.
Regulations on the Administration of Pollutant Discharge Permits
Article 19: Polluting units shall carry out self monitoring in accordance with the provisions of the pollution discharge permit and relevant standards and specifications, and keep original monitoring records in accordance with the law. The retention period of original monitoring records shall not be less than 5 years.
Polluting units shall be responsible for the authenticity and accuracy of their self monitoring data and shall not tamper with or forge them.
Article 36: If a pollutant discharge unit violates the provisions of these Regulations and commits any of the following acts, the competent ecological environment department shall order it to make corrections and impose a fine of not less than 20000 yuan but not more than 200000 yuan. If it refuses to make corrections, it shall be ordered to suspend production for rectification:
（1） The location or quantity of pollutant discharge outlets does not comply with the provisions of the pollution discharge permit;
（2） The discharge method or destination of pollutants does not comply with the provisions of the pollution discharge permit;
（3） Damage or unauthorized movement or alteration of automatic monitoring equipment for pollutant emissions;
（4） Failure to install and use automatic monitoring equipment for pollutant emissions in accordance with the provisions of the pollution discharge permit and connect it with the monitoring equipment of the ecological environment regulatory department, or failure to ensure the normal operation of automatic monitoring equipment for pollutant emissions;
（5） Failure to develop self monitoring plans and carry out self monitoring in accordance with the provisions of the pollution discharge permit;
（6） Failure to keep original monitoring records in accordance with the provisions of the pollution discharge permit;
（7） Failure to disclose or failing to disclose pollutant discharge information in accordance with the provisions of the pollution discharge permit;
（8） Failure to report abnormal transmission data of automatic monitoring equipment for pollutant emissions or abnormal situations where pollutant emissions exceed pollutant emission standards;
（9） Behaviors that violate other requirements for controlling pollutant emissions as stipulated by laws and regulations.