Perfecting the legal construction of environmental protection in the oil industry and recommending industry norms

The current situation and characteristics of environmental pollution in the petroleum industry in China The petroleum industry has a large system, many production links and complex production processes. In order to obtain crude oil and refined petroleum products, a large amount of waste water, waste gas, waste residue and toxic and hazardous fluids are mixed in the production process. substance. In general, the environmental pollution in the petroleum industry presents the following major features:
The total amount of environmental pollution in the oil industry is relatively large According to the statistical data of 2005, the total wastewater discharge of China's onshore oil industry enterprises is 701.7 million tons/year, accounting for 2.1% of the total domestic industrial wastewater discharge in the same period. The total amount of exhaust gas emitted by the onshore oil industry enterprises is 4.711×1011m3, accounting for 3.42% of the domestic industrial waste emissions in the same year.
The environmental pollution links in the oil industry are mostly in the industrial chain of the oil industry. The process is complex, there are many types of construction, and the processes are different. In the production process, a variety of process flow operations, different operations of the process have their own characteristics of the sewage, resulting in the possibility of contamination of many links. Because of the different processing methods and operation purposes, as well as the characteristics of petroleum and its products, there will be different levels of pollution in these complicated processes, resulting in damage to the surrounding ecological environment. In particular, unconventional pollution often occurs in many operations. Such pollution has a large amount of temporary, random, and sudden nature, which increases the difficulty of prevention.
The different types of environmental pollution in the oil industry are complex and the type of pollutants produced is also complex. For example, radiological substances are used in logging operations and may cause radioactive contamination.
Environmental pollution and ecological impact in the oil industry China's oil and gas resources are widely distributed, which makes the distribution of oil and gas wells in oilfield development enterprises more dispersed, and petroleum and petrochemical enterprises are scattered all over the country, resulting in a considerable scope of pollution discharge in China's oil industry. At present, many oil and gas fields in China are in areas with harsh environmental conditions such as deserts and wastelands. These regions have a fragile ecological environment and poor self-purification capabilities. Ecological destruction is difficult to restore. Once pollution occurs, it will cause serious damage to the ecological environment. Not only that, the complexity of the oil industry's production processes has determined that the oil industry's production is particularly prone to accidental environmental pollution caused by safety production accidents.
The significance of China's petroleum industry environmental protection laws and regulations Oil companies inevitably produce various types of pollutants in the production process. If appropriate prevention, treatment and management measures are not taken, they will bring varying degrees of environmental pollution to the surrounding areas. As a result of residents’ physical health damage and loss of property, disputes will arise between the oil industry companies and the surrounding residents. These disputes are not common private disputes. They often involve more subjects, cause more damage, and are more socially reflective. They are not easily solved within the framework of traditional morality and customs. Therefore, the specific social relationships formed by environmental pollution in the oil industry need to be regulated and adjusted within the framework of the legal system; on the other hand, accompanied by the oil industry enterprises' pollution and environmental pollution, between the oil industry enterprises and the government's environmental protection functional departments. It also formed the administrative relationship of environmental management. This administrative relationship also needs the guidance of laws. The law incorporates sustainable development into its value system and prohibits all kinds of environmental pollution behaviors in order to effectively control the environmental pollution of industrial enterprises, including oil industry companies, and maintain the sustainable development of the entire society.
Improving China's Oil Industry Environmental Protection Legal System Recommendations China's petroleum industry has established a preliminary legal framework for environmental protection. Under the regulation of the law, the environmental management within the oil industry enterprises has gradually become standardized and institutionalized. However, there are still many areas that need to be improved. We should further promote the legalization of environmental protection in the petroleum industry in China by improving legislation, improving law enforcement, coordinating internal management, respecting public participation rights, and establishing information disclosure.
Formulating unified environmental laws or regulations for the exploration and development of land petroleum In China, environmental legislation began in the late 1970s. At present, an environmental legal system based on the “Environmental Protection Law” has been initially formed. However, there is no national legislation or regulation on the environmental protection of the exploration and development of onshore oil. With the further development of our country’s economy, the demand for petroleum is continuously increasing. The production of petroleum exploration and development companies is also constantly increasing, and the impact on the environment is also increasing. Moreover, as China's petroleum exploration and development sites are scattered and centralized management is required, a unified legislative support is needed. In order to further improve the authority of enforceable laws and avoid the “end-government” and “end-management” ideas in the past, and effectively guide oil exploration and development companies to strengthen environmental protection throughout the entire process of oil production, the state can , Formulate a regulation or regulation for environmental protection in the petroleum industry and promulgate related standards, such as standards for treatment and disposal of pollutants in the oil industry, life cycle assessment standards, and standards for recommended environmental protection practices in various specific production sectors. Put forward the environmental protection requirements for the entire process of oil production, urge the oil companies to promote cleaner production, and build resource-conserving and environment-friendly enterprises from the legal point of view.
Further rationalize the relationship between administrative law enforcement, environmental supervision, and quality supervision. In the event of environmental pollution and ecological damage in the oil industry, many types of objects (such as atmosphere, water, land, vegetation, etc.) are often affected by pollution. There are also many protection and law enforcement agencies, including environmental protection agencies, forestry, agriculture, marine, water conservancy, and nature reserve management agencies. In the same pollution incident, different departments will be involved in administrative duties that are regulated by law. If it is a pollution incident caused by a safety production accident, it often involves the participation of the safety production supervision and management department. To change this situation, it is necessary to further rationalize the relationship between administrative law enforcement. A special joint law enforcement team may be formed. The competent department of environmental protection shall take the lead and work together with relevant departments to jointly participate, assist each other, clarify division of labor, and enforce the law. The joint law enforcement team will eventually handle the incident. This will not only ensure the fairness of the procedure, but also improve the law enforcement efficiency.
Coordinating the External Control of Laws and the Internal Management of the Oil Industry The major players in the petroleum industry in China are composed of the three major oil groups China National Petroleum Corporation, China Petroleum & Chemical Corporation and China National Offshore Oil Corporation. The three major petroleum enterprise groups in China are born out of government departments and have strong administrative management. The company's subsidiaries are still accustomed to the internal management of the company, and the external management of the competent authority responsible for environmental protection faces the threshold of the oil industry. Solving this thorny issue requires oil companies to change their role orientation, establish an internal environmental management system, improve the environmental management system, and organize the company's pollution control, energy conservation, clean production, ecological protection and other initiatives. Accept business supervision and management of local environmental administrative departments. On the other hand, the local environmental administrative department should improve the level of law enforcement and avoid the technical obstacles of the industry. At the same time, the role of the competent department of the industry should be brought into full play to make the law enforcement more scientific and objective.
Formulating emergency plans for emergency environmental incidents in the oil industry In the process of producing and processing petroleum, due to improper operation or natural disasters, it often leads to vicious environmental pollution accidents. These accidents have caused serious damage to the public’s life, health and property. They have also caused instability to the society, affecting the effective functioning of the society and the normal economic development, which has led to the formulation of contingency plans for emergency environmental protection in the oil industry. Become necessary. By formulating emergency plans for emergency environmental incidents in the oil industry, it clearly defines the responsibilities of enterprises, government-related functional departments and other social organizations, and establishes a linkage mechanism between the government-to-business information communication mechanisms and functions to effectively ensure that the accident can occur. Effectively rescue the affected people and minimize the consequences of the disaster.

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