Regulations of Shaanxi Province on the Prevention and Control of air pollution

(Adopted at the 6th Meeting of the Standing Committee of the 12th People's Congress of Shaanxi Province on November 29, 2013)

Chapter I General rules

    Article 1 For the purpose of preventing and controlling atmospheric pollution, protecting and improving the atmospheric environment, safeguarding human health and promoting sustainable economic and social development, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution and other relevant laws and administrative regulations and in light of the actual conditions of this province。

    Article 2 These Regulations shall apply to the air pollution prevention and control activities within the administrative areas of this province。

    Article 3 The prevention and control of atmospheric pollution shall, in accordance with the policy of giving priority to prevention and combining prevention and control, adhere to the principles of overall consideration, highlighting key points and giving classified guidance, make rational planning and distribution, optimize the industrial structure, promote scientific and technological progress, promote cleaner production, develop low-carbon economy and circular economy, and protect and improve the atmospheric environment。

    Article 4 The people's governments at or above the county level shall be responsible for the quality of the atmospheric environment within their respective administrative areas，Air pollution prevention and control plans shall be formulated in accordance with the provisions of these Regulations and the requirements for the prevention and control of air pollution，The prevention and control of air pollution will be included in the national economic and social development plan，Guaranteed input，Strengthen environmental law enforcement and monitoring capacity building，We will establish and improve the target responsibility assessment system for air pollution prevention and control，And the assessment results will be publicized to the public。Township (town) people's governments and sub-district offices shall be responsible for the prevention and control of air pollution under their respective jurisdictions。

    Article 5 The competent departments of environmental protection administration of the people's governments at or above the county level shall exercise unified supervision and administration over the prevention and control of atmospheric pollution。

    Other relevant administrative departments of the people's governments at or above the county level shall, in accordance with the provisions of these Regulations and their respective duties, exercise supervision and administration over the prevention and control of air pollution。

    Article 6 This province applies a system of total quantity control and concentration control of air pollutants。The discharge of air pollutants shall comply with the national and local discharge standards and the total emission control targets for major air pollutants。

    Article 7 People's governments at or above the county level and their relevant departments shall take measures to encourage and support scientific and technological research on the prevention and control of atmospheric pollution, train professionals in environmental protection, disseminate advanced and applicable technologies and develop environmental protection industries。

    Article 8 Units and individuals shall have the right and obligation to protect the atmospheric environment。The right to report and file charges against acts polluting the atmospheric environment，Having the right to report and accuse the departments exercising the power of supervision and administration and their staff for failing to perform their duties according to law;Abide by laws and regulations on air pollution prevention and control，Conscientiously fulfill the legal obligations and professional ethics of air pollution prevention and control，Establish awareness of atmospheric environmental protection，Practice a green lifestyle，Reduce emissions of pollutants into the atmosphere。

    People's governments at or above the county level shall encourage and support social organizations and the public to participate in the prevention and control of air pollution and public welfare activities, and may employ social supervisors to assist in the supervision of the prevention and control of air pollution。

    Article 9 People's governments at various levels, their competent administrative departments, public organizations, schools, the news media, mass self-governing organizations and other units，Laws and regulations on the prevention and control of air pollution and knowledge of popular science should be publicized and educated，Promote civilized, economical and green consumption patterns and living habits，Promote the formation of an atmosphere in which the whole society protects the atmospheric environment。

 

 Chapter II General provisions

    Article 10 The provincial administrative department of quality and technology supervision and environmental protection may, in accordance with the provisions of laws and in combination with the status of atmospheric environment quality and economic and technological conditions of the province, formulate and issue standards for atmospheric environment quality, emission standards for atmospheric pollutants and control standards for harmful substances in coal burning and fuel oil that are higher than the national standards。

    Article 11 The people's governments of provinces and cities divided into districts and their relevant departments, in the process of organizing the preparation of special plans for industry, energy, transportation, urban construction and natural resources development, shall comprehensively consider the possible impact of the implementation of the plans on the atmospheric environment, and conduct environmental impact assessments according to law before submitting them for examination and approval。

    Article 12 For construction projects of new construction, expansion or reconstruction, environmental impact assessment shall be carried out according to law。After the administrative department of environmental protection at or above the county level announces the acceptance of the environmental impact report of the construction project, the public opinion is large or that it has a significant impact on the atmospheric environment, it shall organize a hearing to publicly listen to the opinions of stakeholders and the public, and the hearing results shall be used as an important basis for examining and approving the environmental impact assessment。

    For construction projects that have not obtained the total emission targets of major air pollutants, the administrative departments of environmental protection at or above the county level shall not approve the environmental impact assessment documents。

    Article 13 The air pollution prevention and control facilities of a construction project shall be designed, constructed and put into use at the same time as the main part of the project。Before a construction project is put into production or use, its facilities for the prevention and control of air pollution shall be checked and accepted by the competent environmental protection administrative department that has examined and approved the environmental impact assessment documents of the project。

    Units that discharge pollutants into the atmosphere shall ensure the normal operation of their facilities for the prevention and control of air pollution and may not dismantle or stop their operation without authorization。Prevention and control facilities should be repaired in a timely manner, and reported to the environmental protection administrative department at or above the county level, within the prescribed time limit after maintenance still cannot operate normally, the main production equipment shall stop operation at the same time。

    Article 14 Enterprises, public institutions and individual industrial and commercial households that discharge pollutants into the atmosphere shall, in accordance with the provisions of the State and this province, set up outlets for discharging atmospheric pollutants。

    It is prohibited to use emergency discharge channels for air pollutants under non-emergency circumstances or to discharge air pollutants by other means for the purpose of circumventing supervision and control。

    Article 15 Enterprises, institutions and individual industrial and commercial households that discharge pollutants into the atmosphere shall, in accordance with the relevant provisions of the State and this province, declare and register their discharge of pollutants and pay pollutant discharge fees。

    Pollutant discharge fees are levied according to the types and quantities of air pollutants discharged。The pollutant discharge fees collected shall be used for the prevention and control of air pollution and shall not be appropriated for other purposes。

    Article 16 Enterprises and institutions that discharge industrial waste gas or atmospheric pollutants containing toxic and harmful substances into the atmosphere，Operating unit of central heating facilities，And other enterprises and institutions that shall, in accordance with regulations, obtain emission permits before they can discharge atmospheric pollutants，An application for a pollutant discharge permit shall be filed with the administrative department of environmental protection at or above the county level in accordance with law。The pollutant discharge permit shall specify the name, type, concentration, total amount, reduction amount, discharge method, control measures, monitoring requirements and other contents of the pollutant discharged。

    The total amount of pollutant discharge and the amount to be reduced shall be verified by the administrative department of environmental protection at or above the county level in accordance with the total amount of air pollutant discharge plan and relevant technical standards。

    Units that discharge pollutants into the atmosphere shall adopt measures such as technological transformation and improvement of environmental protection facilities to implement the approved targets for controlling the total discharge of major air pollutants and the amount to be reduced。

    Article 17 Within the scope of the total emission control indicators for regional air pollutants, a system of paid use and trading shall be implemented for the total emission indicators for major air pollutants of enterprises。

    The provincial people's government shall establish a unified public platform for emission trading, and the emission trading shall be conducted through the public trading platform。The transaction price shall implement a two-line system of revenue and expenditure for the prevention and control of air pollution。

    Specific measures for emission trading shall be formulated by the provincial administrative department of environmental protection in conjunction with other relevant departments of finance。

    Article 18 This province implements a monitoring system for atmospheric environmental quality and atmospheric pollution sources, establishes an environmental air quality monitoring system and monitoring platform, and monitors atmospheric pollutants in accordance with the requirements of the relevant national monitoring and evaluation norms。

    The administrative departments of environmental protection at or above the county level shall, according to the monitoring results, uniformly publish public environmental quality information such as the state bulletin of air environmental quality in the administrative region and the daily air quality report in the major local media，Meteorological offices (stations) under the competent meteorological departments at all levels shall, on the basis of environmental quality information, publish forecasts of air pollution meteorological conditions and guidance on life services。The provincial administrative department of environmental protection shall regularly publish the air quality status of the cities divided into districts。

    The plan for the construction of a monitoring network for atmospheric environmental quality and atmospheric pollution sources shall be formulated by the provincial administrative department of environmental protection in conjunction with the meteorological department and other relevant departments, and shall be submitted to the provincial people's government for approval before implementation。

    Article 19 Units that discharge pollutants into the atmosphere shall, in accordance with the relevant provisions, set up monitoring points and sampling and monitoring platforms, and carry out self-monitoring of the atmospheric pollutants discharged by them or entrust monitoring to units qualified for environmental monitoring。The monitoring results shall be reviewed and signed by the person in charge of environmental work of the unit, and the original monitoring records shall be kept for at least three years。

    Key pollution source units shall install operation management monitoring platforms and automatic monitoring equipment for the discharge of air pollutants, network with the monitoring platform of the competent administrative department of environmental protection, and ensure the normal operation of monitoring equipment and data transmission。The units of key pollution sources shall be determined by the administrative departments of environmental protection of provinces and cities divided into districts on the basis of factors such as the environmental capacity of their respective administrative areas, the requirements of the total emission control targets for major atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by pollutant discharging units。

    Units that discharge pollutants into the atmosphere shall, in accordance with relevant regulations, publish environmental information such as the discharge of pollutants on websites, newspapers, newspapers, radio, television and other public media platforms to accept public supervision。

    The environmental information of pollutant discharging units shall be incorporated into the public credit information system。

    Article 20 The competent department of environmental protection administration and other competent departments may conduct random on-site inspections of enterprises, institutions and individual industrial and commercial households within their jurisdiction that discharge pollutants into the atmosphere。Enterprises, institutions and individual industrial and commercial households under inspection shall truthfully report the situation and provide necessary information。The inspection departments shall keep confidential the technical secrets and business secrets of the enterprises, institutions and individual industrial and commercial households under inspection。

    Where serious air pollution is caused or likely to be caused, or evidence of environmental law enforcement is likely to be lost or concealed, the competent administrative department for environmental protection at or above the county level shall, in accordance with law, take such evidence preservation measures as sealing up, seizing and registering the relevant facilities, sites, articles, documents and materials。

    Article 21 The enterprise environmental pollution liability insurance system shall be gradually introduced to reduce the environmental risks of enterprises and protect the environmental rights and interests of the public。

    The provincial administrative department of environmental protection regularly formulates and releases the catalogue of compulsory environmental pollution liability insurance industries and enterprises according to the regional environmental sensitivity and the environmental risk degree of enterprises。

    Encourage and guide enterprises outside the compulsory insurance list to actively participate in environmental pollution liability insurance。

    Article 22 The work of emergency preparation, monitoring and early warning, emergency handling and post-recovery of air pollution accidents and emergencies shall be carried out in accordance with the relevant provisions of the State and this province。

    In emergency situations where serious pollution of the atmosphere is likely to endanger human health and safety，The people's governments of provinces and cities divided into districts shall promptly initiate corresponding emergency preplans，Air pollution emergency notice was issued，The discharge unit may be ordered to limit production and stop production，Motor vehicle restriction，Dust control，The suspension of primary and secondary schools and kindergartens, as well as meteorological intervention and other countermeasures，And guide the public to take good health protection。

 

 Chapter III Prevention and control measures

     Section 1 Prevention and Control of urban and regional atmospheric pollution

    Article 23 The provincial administrative department of environmental protection, in conjunction with the provincial administrative department of development and reform, shall, according to the status of environmental quality and environmental capacity, delimit the industries that affect the atmospheric environment, the areas where the layout of the industries is prohibited and the areas where the layout is restricted, clarify the scope, types of projects and time limits, and submit them to the provincial people's government for approval before implementation。

    Article 24 People's governments at or above the county level shall, in accordance with the targets for controlling the total discharge of atmospheric pollutants approved by the people's governments at higher levels, formulate plans for controlling the total discharge of atmospheric pollutants in their respective administrative areas, reduce the amount year by year, and organize their implementation。

    The plan for controlling the total discharge of air pollutants shall be drafted by the competent administrative department of environmental protection at or above the county level jointly with the relevant administrative departments and submitted to the people's government at the corresponding level for approval。

    Article 25 The administrative department of environmental protection at or above the county level shall suspend the examination and approval of the environmental impact assessment documents of construction projects discharging air pollutants in areas that have not completed the task of controlling the total amount of air pollutants discharged each year until the total amount of air pollutants is met。

    Article 26 The provincial people's government shall, in accordance with the requirements of the national key regional air pollution prevention and control plan, establish a regional cooperation system and promote regional joint prevention and control in the key areas of the province for air pollution prevention and control, such as Xi 'an City group and Guanzhong City Group。

    The provincial people's government shall establish an inter-provincial cooperation mechanism for air pollution prevention and control with neighboring provinces and regions, implement measures such as environmental assessment consultation, joint law enforcement, information sharing, early warning and emergency response, and promote inter-provincial joint prevention and control of air pollution。

    Article 27 The people's governments of cities, counties (cities, districts) divided into key areas shall improve the conditions for environmental access, implement special emission limits for pollutants in key industries, formulate plans for the treatment of air pollution within a specified period of time to reach the standards for atmospheric environment quality in accordance with the time limits set by the State and this province。

    Article 28 The people's governments of cities, counties (cities, districts) divided into districts shall delimit coal prohibited areas and coal restricted areas。

    Units and individual industrial and commercial households in the coal-prohibited areas shall, within the time limit prescribed by the local people's governments, stop using coal-fired facilities and use natural gas, liquefied petroleum gas, electricity or other clean energy sources。The local people's government shall improve supporting infrastructure and formulate relevant policies of encouragement and price subsidies。

    It is forbidden to build or expand industrial facilities that burn coal, heavy oil and residual oil in coal restricted areas, and gradually reduce the use of coal-fired facilities。The production and sale of briquette for domestic use that does not meet the standards shall be prohibited。

    Article 29 The people's governments of cities and counties (cities and districts) divided into districts shall make overall plans for urban construction, develop central heating in an all-round way in urban planning areas, and give priority to the use of clean fuels。

    In the area covered by the gas pipeline network and the central heating pipeline network, no new or expanded heating facilities burning coal, heavy oil and residual oil shall be built, and the original scattered small and medium-sized coal-fired heating boilers shall be dismantled or reformed within a time limit。

    Article 30 When preparing or revising plans for cities, the people's governments of cities shall, in accordance with the principles conducive to the diffusion of atmospheric pollutants, rationally plan the spatial layout of urban construction, control the density and height of buildings and reserve urban ventilation corridors。

    Article 31 People's governments at all levels shall protect natural vegetation, strengthen the work of planting trees and grasses, greening urban and rural areas, controlling sand and preventing dust, increasing the area of green land and water areas, and improving the quality of the atmospheric environment。

    In urban built-up areas, the owner, user or manager of the building shall make full use of the roof and roof of the building for greening;The design of new buildings shall incorporate the requirements for roof and roof greening into the design documents of construction projects。

    Roof and roof greening shall be designed and constructed in accordance with the requirements of technical specifications to prevent adverse effects on buildings and residents' lives。Technical specifications for roofing and roofing greening shall be formulated by the provincial administrative department of housing and urban and rural construction in conjunction with relevant competent departments。

    Section II Prevention and Control of industrial air pollution

    Article 32 People's governments at or above the county level shall formulate preferential policies to encourage and support the development and utilization of clean energy such as geothermal energy, wind energy, solar energy and biomass energy, and gradually reduce the total amount of coal burning。

    The provincial development and reform department shall, together with the provincial environmental protection and other relevant administrative departments, formulate the clean energy development plan and the total coal control plan of the province, and organize the implementation after the approval of the provincial people's government。The people's governments of cities and counties divided into districts shall, in accordance with the clean energy development plans and the total coal burning control plans, formulate implementation plans for their respective administrative areas and organize their implementation。

    Article 33 Enterprises shall give priority to the use of cleaner production technologies, processes and equipment with high efficiency in the utilization of energy and raw materials and low discharge of pollutants, so as to reduce the generation and discharge of air pollutants。

    Article 34 The mining of coal with high sulfur content and high ash content shall be restricted。For newly built coal mines with high sulfur and ash content, facilities for washing and beneficiation of coal shall be built;For coal mines with high sulfur and ash content of the coal that have been completed, supporting facilities for coal washing and dressing shall be built within a time limit so that the sulfur and ash content of the coal can meet the prescribed standards。

    People's governments at or above the county level shall adopt economic and technological policies and measures conducive to the clean utilization of coal and the transformation of energy, and encourage the power generation at the mouth of pits and the comprehensive utilization of coal bed methane, coal gangue, fly ash and slag resources。

    Article 35 The boiler products of a boiler manufacturer shall meet the standards for the initial discharge of atmospheric pollutants for boilers and containers prescribed by the State, and the fuel requirements and pollutant discharge control indicators shall be marked on the products。If it fails to meet the prescribed requirements, it shall not be produced or sold。

    Article 36 Where thermal power plants (including thermal power plants and self-provided power stations) and other coal-burning enterprises discharge atmospheric pollutants such as soot, sulfur dioxide and nitrogen oxides in excess of the discharge standards or the total quantity control targets, they shall construct auxiliary installations for dust removal, desulfurization and denitrification or adopt other measures to control the discharge of atmospheric pollutants。

    Where sulfur and nitrogen oxide gases are discharged during the production of cement, petroleum, synthetic ammonia, coal gas, coal coking, non-ferrous metals, iron and steel, etc., desulfurization and denitrification devices shall be equipped。

    Coal burning enterprises are encouraged to adopt advanced technologies and equipment for the coordinated control of various air pollutants, such as dust removal, desulfurization, denitrification and mercury removal。

    Article 37 Inflammable gases produced in industrial production shall be recovered and used. Where they are discharged into the atmosphere without the conditions for recovery and use, pollution prevention and control shall be carried out。

    Where the combustible gas recovery and utilization device cannot operate normally, it shall be repaired or updated in a timely manner。Where flammable gases really need to be discharged during the period when the recovery and utilization unit cannot operate normally, the discharged flammable gases shall be fully burned or other measures taken to reduce atmospheric pollution shall be taken。

    Article 38 Enterprises shall improve production processes and equipment through technological innovation, industrial transformation and upgrading, and reduce the generation and discharge of atmospheric pollutants。

    The competent department of industry and information technology administration of the provincial people's government shall comply with the provisions of the national guidance catalogue for the elimination of backward production technology equipment and products，Together with the provincial administrative departments of development, reform and environmental protection, the list of enterprises and work plans for the elimination of backward production process equipment and products in this province are proposed，It shall be promulgated and implemented after being submitted to the provincial people's government for approval。

    Enterprises may not transfer and use obsolete outdated production equipment。

    Article 39 Where a total emission replacement project has not been dismantled or closed down, the competent administrative department for environmental protection at or above the county level shall not handle the procedures for acceptance of environmental protection completion of the replacement project, and the replacement project shall not be put into production or operation。

    Article 40 The people's governments at or above the county level shall encourage and support enterprises that are highly polluting of the atmospheric environment to carry out technological transformation, technological upgrading, or voluntarily close down, relocate or change production, and give preferential treatment, subsidies or awards in such aspects as finance, prices, taxation, land, credit and government procurement。The specific measures shall be formulated by the provincial administrative department of environmental protection in conjunction with the provincial administrative department of finance, industry and information technology, development and reform。

     Section 3 Prevention and Control of air pollution in transportation

    Article 41 People's governments at or above the county level shall give priority to the development of public transport undertakings such as buses and rail transit，Planning, construction and installation of roads, public transport hubs, bicycle rental services, charging and gas and other infrastructure conducive to the public taking public transport, walking or using non-motor vehicles，We will provide financial subsidies for public transport，Control the number of motor vehicles reasonably，Reduce the number of motor vehicle trips and use intensity。

    The people's government of a city divided into districts may, in accordance with the needs of air pollution prevention and control and the situation of pollution emitted by motor vehicles, delimit the restricted areas and time periods for motor vehicles and announce them to the public。

    Article 42 The fuel used in the production, import and sale of motor vehicles, ships and aircraft shall conform to the national and provincial standards for the control of harmful substances in fuel。

    Cities divided into districts may, in their respective administrative areas, implement fuel standards for motor vehicles and ships that are higher than the provincial standards。

    Quality and technical supervision, environmental protection, industrial and commercial administration, commerce, civil aviation and other administrative departments at or above the county level shall, in accordance with their respective functions and duties, supervise and administer the production, import and sale of fuel containing harmful substances up to standard。

    Article 43 People's governments at or above the county level shall take measures，We will encourage the development of electric, gas and other new energy vehicles，Promote the use of clean fuels，We will accelerate the construction of supporting infrastructure such as charging piles and refueling stations，Support the retrofitting of other fuel systems to in-service motor vehicles，Diesel vehicles and taxis are encouraged to replace high-efficiency exhaust gas purification devices every year，Improve the urea supply system for diesel vehicles，Reduce vehicle emissions。

    State organs and public transport, taxi, sanitation and other industries should give priority to the purchase and renewal of new energy vehicles, and enjoy the relevant national and provincial tax, credit, financial subsidies and other preferential policies。

    The traffic administrative departments of public security organs at or above the county level and the administrative departments of quality and technical supervision shall do a good job in the management and alteration of in-use motor vehicles retrofitted with other fuel systems。

    Article 44 The provincial administrative department of environmental protection shall, in accordance with the number and growth of motor vehicles, prepare the plan for motor vehicle exhaust testing stations。

    The motor vehicle inspection agency that has obtained the qualification shall be entrusted by the competent department of environmental protection of the province to carry out regular testing on the emission of pollutants from motor vehicles。

    Motor vehicle inspection institutions shall conduct testing in accordance with the requirements of the national testing technical specifications, ensure that the test data are true, objective and effective, be responsible for the test results, and ensure the right to know of the inspectors。Motor vehicle inspection institutions shall network with local environmental protection administrative departments in accordance with relevant provisions, and timely transmit regular test data。

    The competent administrative departments of transport and fishery may entrust the competent inspection institutions of motor vessels to carry out regular inspection of pollutant discharge from motor vessels。

    Exhaust pollution testing of motor vehicles and vessels shall be charged according to the charging standard approved by the provincial price authority。

    Article 45 A motor vehicle that has passed the exhaust test by a motor vehicle inspection institution shall be issued by the competent department of environmental protection administration at or above the county level with a qualified mark for environmental protection classification;A motor vehicle that fails to pass the exhaust test shall be maintained in time and reinspected within 30 days。

    Motor vehicles that have not obtained the qualified mark of environmental protection classification shall not be driven on the road。

    Article 46 The competent department of environmental protection administration at or above the county level may inspect and test the environmental inspection qualification marks and pollutant discharge status of public transport vehicles, rental vehicles and passenger and cargo vehicles in use at the motor vehicle parking area。

    The competent administrative department of environmental protection at or above the county level shall, in conjunction with the traffic administrative department of the public security organ, carry out sampling inspection of pollutant discharge of motor vehicles in motion by means of remote sensing detection。No fees shall be charged for random inspection。

    The units and individuals subject to inspection, testing or random inspection shall cooperate。

    Article 47 The discharge of pollutants into the atmosphere by non-road power machinery such as agricultural machinery and construction machinery shall comply with the discharge standards prescribed by the State or this province。

    If non-road power machinery exceeds the prescribed emission standards, it shall be controlled within a time limit. If it still fails to meet the prescribed standards after treatment, the administrative departments for environmental protection, housing and urban and rural construction, and agricultural machinery at or above the county level shall order it to stop using it。

    Article 48 The people's governments of cities divided into districts shall implement a compulsory scrappage system for old motor vehicles and take measures to guide, encourage and support the elimination of motor vehicles (including three-wheeled vehicles and low-speed trucks) and non-road power machinery that emit high atmospheric pollutants。

    Section 4 Prevention and Control of atmospheric pollution by toxic and harmful Substances

    Article 49 People's governments at or above the county level shall, in accordance with the principle of ensuring safety, rationally plan special areas for the production and storage of toxic or harmful substances and strengthen supervision and administration over the production, storage, transportation and use of toxic or harmful substances。

    It is prohibited to build, rebuild or expand construction projects for the production of toxic or harmful substances outside the special areas。

    Article 50 The people's governments of cities, counties (cities, districts) divided into districts shall promote the comprehensive utilization technology of biomass such as straw and delimit the no-burning areas of biomass such as straw。

    It is forbidden to burn asphalt, linoleum, waste oil, rubber, plastic, leather, garbage and other materials that produce toxic and harmful gases in the open. If incineration is really necessary, special incineration devices shall be used;It is prohibited to heat asphalt in populated areas without sealing or using flue gas treatment devices。

    Advocate and encourage the change of customs and customs, and carry out civilized, green festivals and sacrificial activities。All kinds of festivals, religions, funerals, sacrifices and other activities shall abide by the provisions of relevant laws and regulations, and set off fireworks and firecrackers, burn incense and burn offerings at specified times, areas and places。Environmental protection, public security, civil affairs, religion, urban management and other administrative departments shall provide relevant services, strengthen daily supervision, and reduce the impact on the atmospheric environment。

    Article 51 Urban people's governments shall reasonably plan the layout of the catering industry。The site selection of new, rebuilt or expanded catering service projects that produce oil smoke and waste gas shall comply with the following provisions:

    (1) It shall not be located in residential buildings, commercial and residential complex buildings without a special flue for supporting planning, or floors adjacent to the residential floor in commercial and residential complex buildings;

    (2) It is not allowed to conduct open-air barbecue or barbecue on the wall (window) in urban population concentration areas。

    For catering service projects built before the implementation of these Regulations, where the business license expires and does not meet the provisions of the preceding paragraph, the administrative departments of environmental protection, food and drug supervision, public security fire control and other administrative departments will no longer issue relevant licenses, and the administrative departments of industry and commerce will not handle registration。

    Article 52 Operators of catering industries must take the following measures to prevent pollution of the atmospheric environment:

    (1) Use of clean energy;

    (2) lampblack shall not be discharged into sewer pipes;

    (C) set up fume purification device, and ensure its normal operation, to achieve standard discharge;

    (4) To set up a special flue for the catering industry, the discharge outlet of the special flue shall be higher than the height of the adjacent building or access to its public flue;

    (5) Regularly clean and maintain pollutant treatment facilities such as lampblack and odor treatment devices and keep records;

    (6) Catering with a business area of more than one thousand square meters shall install fume online monitoring facilities in accordance with relevant regulations。

    Article 53 Encourage the adoption of advanced production processes, promote the use of low-toxicity and low-volatile organic solvents, support the production and use of non-organic solvent-based coatings, pesticides and slow-release fertilizers, and reduce the emission of volatile organic compounds。

    Petrochemical, organic chemical, electronics, equipment manufacturing, surface coating, packaging printing, clothing dry cleaning and other production and business units that produce waste gas containing volatile organic compounds，Paints or solvents with low VOC content should be used，Work in a closed environment，Install and use pollution control equipment and waste gas collection system，Ensure its normal use，The volatile organic compounds content, usage and waste amount of raw and auxiliary materials were recorded，The main operating parameters, operation and maintenance of production facilities and pollution control equipment。

    It is prohibited to build or expand clothing dry cleaning places on floors adjacent to the residential floor in residential buildings, commercial and residential complex buildings。

    Units that produce, sell and use volatile organic compounds shall establish leak detection and repair systems to collect and dispose of leaked materials in a timely manner。

    Article 54 After the completion of the interior decoration of buildings in public places such as science education, medical care, catering and accommodation, entertainment and shopping, culture and sports, and transportation, indoor air quality monitoring shall be carried out by monitoring institutions with legal qualifications, and the monitoring results shall be publicized in a prominent position。Those that fail to pass the monitoring shall not be put into use。

    Article 55 Units that discharge malodorous gases into the atmosphere shall take effective control measures to prevent the surrounding residents from being polluted。

    In government offices, schools, hospitals, residential areas and other places, it is prohibited to engage in petrochemical, paint and coatings, plastics and rubber, paper printing, feed processing, breeding and slaughtering, food and kitchen waste disposal and other production activities that produce toxic, harmful or malodorous gases。

    The site selection, construction and operation of landfill sites and sewage treatment plants shall comply with the requirements stipulated by the State, and measures shall be taken to collect and dispose of malodorous gases to reduce the harm to atmospheric environmental quality。

    Section V Dust pollution prevention

    Article 56 In the construction of houses, roads, municipal infrastructure, mineral resources development, river regulation, building demolition and other construction projects, material transportation and stacking and other activities that produce dust pollution, prevention and control measures must be taken。

    People's governments at or above the county level and their housing and urban and rural construction, environmental protection, transportation, land and resources, water conservancy, municipal gardens and other administrative departments shall strengthen the supervision and management of construction engineering operations, and the control of dust pollution as a comprehensive environmental improvement assessment content。

    Article 57 A construction unit shall, prior to construction, submit a plan for the prevention and control of site dust pollution to the competent engineering department and the competent administrative department of environmental protection, include the prevention and control of dust pollution in the scope of project supervision, include the costs required in the project budget, and specify the responsibility of the construction unit for the prevention and control of dust pollution in the project contract。

    Article 58 Construction units shall, in accordance with the requirements of the construction site dust pollution prevention and control plan, publicize dust pollution control measures, responsible persons, environmental supervisors, dust supervision administrative departments and other relevant information at the entrances and exits of the construction site, accept social supervision, and take the following dust prevention measures:

    (1) The construction site in urban areas shall be surrounded by hard material enclosures, the area that has not been constructed in the site shall be covered, hardened or green, and the land use right holder shall be responsible for covering the exposed ground for construction land that has not been started for more than three months, and shall be green;

    (2) Materials that are easy to produce dust pollution such as cement, lime soil, sand and stone, construction waste and engineering residue should be covered or stored in the warehouse;

    (3) When earthmoving, dismantling and washing works are carried out, they shall be carried out in sections, and measures of sprinkling hydraulic dust shall be taken to shorten the operation time of dust collection;When the forecast wind speed reaches 4 or above or heavy pollution weather conditions occur, urban areas shall stop earthwork, demolition works and other construction that may cause dust pollution;

    (4) The entrance and exit of the construction site shall set up vehicle cleaning facilities and supporting drainage and mud precipitation facilities, and the vehicles transporting construction materials shall be washed out of the site to prevent mud overflow, and the roads within 100 meters of the surrounding area shall be kept clean, and no construction waste and soil shall be left。

    Article 59 In the operations of storing, loading, unloading and transporting coal, cement, lime, gypsum, sand and refuse, which are liable to generate dust, measures such as covering, sealing, spraying and enclosure shall be taken to prevent scattering and raising dust。

    Article 60 Construction waste, waste disposal sites, landfill sites and sewage treatment plants shall take measures to prevent dust in accordance with relevant standards and requirements。

    Article 61 Cleaning and cleaning of public places such as urban roads and squares shall take negative pressure cleaning of sweepers, increase the frequency of washing, and reduce the dust load of the ground area。

    Article 62 In open-pit mining and processing of mineral resources, measures such as spraying, centralized mining, hardening and greening of transportation roads shall be taken to prevent dust pollution。

    Article 63 On-site mixing of concrete and mortar is prohibited at construction sites in urban areas, and the use of ready-mixed concrete and ready-mixed mortar is mandatory。

    Construction projects in other areas that mix mortar on site shall be equipped with dust and dust reduction devices。

 Chapter IV Legal liability

    Article 64 Whoever, in violation of the provisions of paragraph 2 of Article 13 of these Regulations, arbitrarily dismantled or stopped the operation of air pollution prevention and control facilities or abnormal operation of such facilities shall be ordered by the competent administrative department of environmental protection at or above the county level to make corrections within a time limit and be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan。

    Article 65 Any person who, in violation of the provisions of paragraph 1 of Article 14 of these Regulations, fails to establish an air pollutant discharge outlet in accordance with the provisions shall be ordered by the competent administrative department of environmental protection at the county level to make corrections within a time limit and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan。

    Whoever, in violation of the provisions of the second paragraph of Article 14 of these Regulations, discharges atmospheric pollutants in a manner that circumvents supervision shall be ordered by the competent administrative department for environmental protection at or above the county level to make corrections and be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan。

    Article 66 Violation of Article 16 of these Regulations，Failing to obtain a pollutant discharge permit，The competent department of environmental protection administration at or above the county level shall order it to do so within a time limit，A fine of not less than 50,000 yuan but not more than 100,000 yuan;Discharging in excess of the total quantity specified in the discharge permit，Order treatment within a time limit，A fine of not less than two times but not more than five times the amount of the pollutant discharge fee shall be paid for the part exceeding the total quantity target。

    Article 67 Whoever commits any of the following acts in violation of the provisions of Article 19 of these Regulations shall be ordered by the competent administrative department of environmental protection at or above the county level to make corrections within a time limit and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan:

    (1) failing to set up monitoring points, sampling platforms or install automatic monitoring equipment in accordance with regulations;

    (2) The automatic monitoring equipment does not network with the monitoring platform in accordance with regulations or cannot operate normally and transmit data;

    (3) failing to publish environmental information such as the discharge of pollutants in accordance with regulations。

    Article 68 Violation of the provisions of Article 28, paragraphs 2, 3 and 4 of these Regulations，Continue to use coal-fired facilities in coal-prohibited areas beyond the prescribed period，New and expanded industrial facilities burning coal, heavy oil and residual oil in coal restricted areas，Producing or selling briquettes for domestic use that do not meet the standards，The administrative department of environmental protection at the county level shall order the correction within a time limit，Be fined not less than 50,000 yuan but not more than 200,000 yuan。

    Article 69 Those who, in violation of the provisions of the first and second paragraphs of Article 36 of these Regulations, fail to be equipped with devices for dust removal, desulfurization and denitrification in accordance with the provisions shall be ordered by the competent administrative department of environmental protection at or above the county level to make corrections within a time limit and be imposed a fine of not less than 100,000 yuan but not more than 500,000 yuan。

    Article 70 Violation of Articles 45 and 46 of these Regulations，Driving on the road without obtaining the qualified mark of environmental protection classification，The competent department of environmental protection administration shall impose a fine of 500 yuan per vehicle;Not qualified by random inspection，Order maintenance and reinspection within a time limit，Failing to recheck within the time limit or failing to pass the recheck to drive on the road，Revoke the qualified mark of environmental protection classification，A fine of one thousand dollars per car。

    Article 71 Whoever, in violation of Articles 51 and 52 of these Regulations, fails to set up catering service industries or take measures for the prevention and control of atmospheric pollution shall be ordered by the administrative department of environmental protection at the county level in conjunction with the administrative department of cities and other competent departments to make corrections within a time limit and imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan。

    Article 72 Where a production or business entity violates the provisions of paragraphs 2, 3 and 4 of Article 53 of these Regulations and fails to operate in accordance with the provisions, the competent administrative department of environmental protection at the county level shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan。

    Article 73 Where, in violation of the provisions of Article 54 of these Regulations, the interior decoration of a building in a public place is not monitored or fails to pass the monitoring after completion and is put into use, the competent administrative department of environmental protection at the county level shall order it to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan。

    Article 74 Those who, in violation of the provisions of Articles 58, 59, 60, 62 and 63 of these Regulations, fail to take measures to prevent and control dust pollution shall be ordered by the competent administrative department of environmental protection at the county level to make corrections within a time limit and be imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan。

    Article 75 Engaged in environmental monitoring, environmental impact assessment documents and completion acceptance report preparation, environmental supervision, technical assessment and other relevant technical service units，Resorting to fraud or forging, falsely reporting or concealing relevant data，The administrative department of environmental protection at or above the county level shall order the correction within a time limit，Confiscation of illegal gains，Shall also be fined not less than one time and not more than three times the illegal earnings;serious，Demoted or revoked qualification certificate according to law;criminal，Criminal responsibility shall be investigated according to law。

    Article 76 Where an enterprise or institution, in violation of the provisions of these Regulations, illegally discharges atmospheric pollutants, is fined and ordered to make corrections within a prescribed time limit, and fails to make corrections within the prescribed time limit, the administrative organ that has made the decision on administrative penalties according to law may, according to the original amount of penalties, continue to impose penalties every day until it is ordered to suspend production or business or close down according to law。

    Article 77 Where laws and regulations already provide for punishment for other acts in violation of the provisions of these Regulations, such provisions shall prevail。

    Article 78 Where, in accordance with the provisions of these Regulations, a fine of more than 10,000 yuan is made on an individual or a fine of more than 100,000 yuan is made on a unit, the parties shall be informed of their right to request a hearing。

    Article 79 Where an atmospheric environmental pollution event causes public interest damage to the environment, organs and other organizations prescribed by law may file public interest lawsuits in the people's courts。

    Where damage is caused by an atmospheric environmental pollution incident, the victim may bring an action in a people's court in accordance with law to demand the cessation of the infringement and compensation for the loss。

    Article 80 Whoever, in violation of the provisions of these Regulations, discharges pollutants into the atmosphere and causes a major environmental pollution accident, resulting in heavy losses of public or private property or serious consequences of personal injury or death, if the case constitutes a crime, shall be investigated for criminal responsibility according to law。

    Article 81 The competent administrative department of environmental protection and other relevant administrative departments and their personnel commit any of the following acts in the prevention and control of atmospheric pollution，The administrative supervision organ shall order it to make corrections，The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law;criminal，Criminal responsibility shall be investigated by judicial organs according to law:

    (1) Illegally approving environmental impact assessment documents;

    (2) failure to implement the pollutant discharge permit system according to law;

    (3) failing to investigate and punish acts that pollute the atmospheric environment according to law;

    (4) failure to disclose information related to the atmospheric environment according to law;

    (5) diverting, retaining or misappropriating sewage discharge fees;

    (6) other acts of abuse of power, dereliction of duty, favoritism and malpractice。

Chapter V Supplementary Provisions

    Article 82 These Regulations shall come into force as of January 1, 2014。