Environmental monitoring data is an important support for environmental management, and it is related to the scientific and effective decision-making of environmental governance. However, some companies do not want to seek scientific pollution control, but they dig their minds on the monitoring data, and the falsification techniques are used to renovate and mislead environmental governance decisions.

The reporter's investigation found that while the country is cracking down on environmental protection monitoring data fraud, some enterprises still do not close their hands, and the modus operandi is more secretive and has higher technical content. Individual monitoring equipment providers should have been the "gatekeepers" of environmental monitoring, but left a "dark door" for environmental monitoring data fraud. Environmentalists suggest that anti-counterfeiting measures need to be done in parallel to form a long-term mechanism to ensure that monitoring data is safe and reliable.

Environmental monitoring data fraud techniques refurbishment

The reporter combed the case of the environmental protection department investigation and found that some enterprises' environmental monitoring data fraud no longer stayed at the front end of the equipment inspection, but extended the "black hand" to the computer, from "eye-catching" and "pull the pipe" to tampering with the monitoring equipment parameters. Even the interference monitoring results are based on the inherent principle of the operation of the test equipment.

The emissions are not up to standard and the samples are hands-on. In July 2018, the Henan Provincial Department of Ecological Environment and the Joint Public Prosecution Law and other departments launched a special campaign to crack down on the prevention of data fraud. The environmental protection department found in this operation that Xuchang Liangyuan Coking Co., Ltd. did not install flue gas desulfurization facilities. In order to achieve stable monitoring data compliance, the company first drilled the diluted pollutants on the flue gas sampling tube, and the effect was not obvious. The sampling tube was pulled out and the monitoring equipment parameters were modified once and for all.

The monitoring equipment range was tampered with and the emission value dropped by 90%. On July 14, 2018, the environmental protection department found that the company's monitoring equipment range was tampered with. The original data displayed on the analyzer exceeded the standard. When it was transmitted to the environmental protection department, it became “reachable”, and the uploaded monitoring data was only actual. 11.4% of emissions.

Compared with the "pull the eye" and "pull the pipe", the technical requirements for the tampering monitoring equipment range are higher, involving the modification of the equipment parameters, and must be completed by professionals. Further investigations by the reporter found that even some monitoring equipment providers provided “technical support” for corporate fraud.

According to the company's administrative manager, Fang explained: "When we installed this equipment, we asked the third party, that is, the one that sold us equipment. What they mean is that if it is short-term, you can modify the parameters. How can we modify it?"

In addition to modifying equipment parameters and interfering with the normal operation of equipment, some enterprises set an upper limit on monitoring data so that the monitoring data is “forever” within the scope of compliance. On November 14, 2018, the Central First Ecological Environmental Protection Inspector Group conducted a sinking inspection of Fushun City. The monitoring data uploaded by the Dongze Wastewater Treatment Plant of Fushun High-tech Zone to the environmental protection department monitoring platform was artificially set, and the upper limit of ammonia nitrogen was Set to 20 mg / liter. The inspector team visited the online monitoring history on the spot. From 2 pm on June 6th, 20th to 8th on June 7th, the measured value of ammonia nitrogen in the effluent of the plant was close to 150mg/L, but the uploaded data was only 19.96mg/L. .

In the anti-counterfeiting operation, the environmental protection department also found that some enterprises even found out the working principle of the monitoring equipment, and the human disturbance monitoring equipment was in normal operation, so that the environmental protection personnel on the scene of the law enforcement inspection called "the master."

The environmental law enforcement officers inspected the Wushu Sanfeng Thermal Power Co., Ltd. in Jiaozuo City, Henan Province, and found that the company controlled the automatic monitoring system computer through the wireless mouse. By changing the computer time, the data was removed and the data was uploaded to the environmental protection department.

According to the suspect Li, the monitoring equipment collects 60 samples in one hour. After the modification time, 60 samples are changed into sixty-five or seventy samples, so that the average is not exceeded.

In addition to the above-mentioned typical falsification techniques, the environmental protection department also found that enterprises illegally use analog data software to falsify monitoring data. Other enterprises have selectively revised the automatic monitoring over-standard data and tamper with the monitoring data.

The falsification method can solve the difficult problems of governance still exist

The environmental protection department found out that the fraudulent methods found in the inspection have both regional characteristics and industrial characteristics. Although the fraudulent techniques are upgraded and concealed, they are not invulnerable.

“Previous common falsification methods include adding a current divider to the analyzer, modifying the slope and intercept of the digital signal conversion formula, and diluting the test samples, some of which are still in use.” Guo Xinwang, chief engineer of the Henan Environmental Monitoring Center, said This special action found that some companies began to use new methods such as tampering with air coefficient, automatic detection procedures and Remote Control equipment.

The background screens the suspects and moves quickly in front. Liu Ying, a technician from the Environmental Monitoring Center of Henan Province, told reporters that fraudulent data will eventually be transmitted to the monitoring data platform. Common suspicious data patterns include constant or sudden emission data, which requires analysis of data records over a long period of time; Law enforcement officers must rush to check and seize the current situation, because these fraudulent techniques are highly operational and may change back to normal in a short period of time.

Video surveillance corroboration, borrowing technical foreign aid. According to the requirements of the environmental protection department, enterprises that install online monitoring equipment must install online video surveillance near the equipment. It is strictly forbidden for enterprise personnel to tamper with monitoring equipment. Monitoring video has become evidence of the judgment of monitoring data fraud.

“If the data is abnormal, we will look at the surveillance video to see if there are suspicious people entering the monitoring station at the same time. In addition, some fraud techniques involve computer programs, we need to ask professional and technical personnel to find evidence of fraud.” Liu Ying said. Even for professionals, finding and locking evidence is not easy.

Liu Ying said that if the falsification method involves tampering with the program code, it is not difficult for professional programmers to understand; even if it can be understood, the equipment supplier's layer-level technical management authority is required before the inspection; the environmental protection department has no mandatory investigation right, and the investigation and evidence collection is more difficult. Big.

Effectively crack down on and punish monitoring data. It relies on laws and regulations for falsification. However, some environmental protection personnel have reported that individual enterprises have attempted to exploit the law, and there have been cases of fraud but different punishments.

According to the first article of the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases: If the acts stipulated in Article 383 of the Criminal Law are implemented, one of the following circumstances shall be determined. It is "seriously polluting the environment." The “situation” includes the points indicated in the seventh paragraph: tampering of key pollutant discharge units, falsification of automatic monitoring data or interference with automatic monitoring facilities, discharge of chemical oxygen demand, ammonia nitrogen, sulfur dioxide, nitrogen oxides and other pollutants. The "Explanation" also clarifies that the key pollutant discharge units refer to the key monitoring enterprises and other units that should be installed and used by the environmental protection department of the people's government at or above the municipal level to install and use pollutant discharge automatic monitoring equipment.

Liu Ying believes that according to the above-mentioned regulations, it is also the monitoring of data fraud. Some enterprises will determine the list of key pollutant discharge units according to law according to the environmental protection department of the people's government at or above the municipal level, and they will only be subject to administrative punishment and will be exempt from criminal punishment. Reduce the illegal cost of corporate fraud.

Guo Xinwang reflected that in the process of law enforcement, there were cases in which some large enterprises and local governments attempted to intervene, because if fraud was discovered in the local area, the relevant departments would be liable, thus affecting the enthusiasm of local law enforcement inspections.

Both the symptoms and the root causes need to take more measures

In response to the current problem of refurbishment of some environmental protection monitoring data of enterprises, many environmental law enforcement personnel who participated in the crackdown on monitoring data fraud suggested: First, the team building should be strengthened, and the ability of environmental protection personnel to identify data fraud behavior should be enhanced through training; secondly, perfection and public security Joint action mechanism of the department to further improve the collaborative case handling mechanism, improve the working mechanism of clue notification, case transfer, technical appraisal and information sharing, effectively fix the illegal evidence of enterprises, improve the efficiency of anti-counterfeiting; scientifically set the standards for fraud prevention and punishment of environmental monitoring data, and clarify the main The joint responsibility of the responsible person; often unremitting and form a long-term mechanism to achieve the purpose of treating both the symptoms and the root causes.

In addition, the reporters combed the cases reported by local authorities and found that in recent years, the number of responsible persons for environmental monitoring data fraud has increased. Some enterprises have unilateral fraud, and enterprises have combined with third-party operation and maintenance personnel and equipment manufacturers to jointly falsify.

According to environmental law enforcement personnel, compared with the hundreds of thousands of dollars in pollution treatment costs, the cost of fraud on the monitoring data can be said to be minimal, and the huge benefits make the company and the third-party company responsible for operation and maintenance "a hit".

The quality of environmental monitoring data is the lifeline of environmental protection work, and it is related to the scientific nature of environmental governance decisions. The relevant person in charge of the Department of Ecology and Environment of Henan Province believes that special anti-counterfeiting actions should be continued, law enforcement should be strengthened, enterprises should be urged to implement the main responsibilities, third-party operation and maintenance should be regulated, and the masses should be mobilized to report and be held accountable.

In terms of fraudulent punishments for environmental monitoring data, some environmentalists said that they should set penalties more reasonably for the fraudulent behavior of corporate monitoring data, increase penalties for fraudulent acts, and also clarify the joint responsibility of the principal responsible persons of fraudulent enterprises. Can not be a problem, only punish the perpetrators who directly operate the fraud, to create an atmosphere that is punishable regardless of the size of the enterprise, or the person in charge of the enterprise or the ordinary employees.

Governance and monitoring data fraud should achieve the effect of treating both the symptoms and the root causes, and should also be combined and unblocked. Guo Xinwang believes that it is necessary to refine the environmental protection rights and responsibilities, loosen the supervision and law enforcement departments, eliminate concerns and lightly go into battle; organize expert teams to understand the problems faced by enterprises in pollution control, and guide enterprises to reduce environmental protection costs through scientific pollution control and eliminate the motives of fraud.

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