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Regulations of Jiangsu Province on Air Pollution Prevention and Control

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The "Regulations on the Prevention and Control of Air Pollution in Jiangsu Province" were adopted by the Third Session of the Twelfth People's Congress of Jiangsu Province on February 1, 2015. They are hereby promulgated and shall come into force on March 1, 2015.

The Bureau of the Third Session of the Twelfth People's Congress of Jiangsu Province

February 1, 2015

Chapter 1 General Provisions

Article 1 In order to prevent and control air pollution, protect and improve the atmospheric environment, protect public health, promote the construction of ecological civilization, and promote sustainable economic and social development, in accordance with the "Environmental Protection Law of the People's Republic of China", "Air Pollution Prevention Law of the People's Republic of China", etc. The laws and administrative regulations are formulated in accordance with the actual conditions of the province.

Article 2 These regulations apply to the prevention and control of air pollution and its supervision and management activities in the administrative area of ​​this province.

Article 3 Local people’s governments at all levels are responsible for the quality of the air environment within their administrative area, formulate air pollution prevention and control plans, ensure capital investment, adopt prevention and control measures, strictly control and plan to reduce the total discharge of key air pollutants, and achieve air environment quality The improvement goal is to make the air environment quality of this administrative area meet the national and provincial standards.

Air pollution prevention and control plans should be incorporated into national economic and social development plans, and be integrated with major functional area plans, land use overall plans, and urban and rural plans, so that air pollution prevention and control should be combined with energy structure adjustment, industrial structure adjustment, and development mode transformation.

Article 4 Air pollution prevention and control adhere to the principles of priority protection, combination of prevention and control, comprehensive management, and responsibility for damage, and establish a prevention and control mechanism for government supervision, public participation, joint governance, and joint prevention and control.

Article 5 The environmental protection administrative department of the local people's government at or above the county level (hereinafter referred to as the environmental protection administrative department) shall implement unified supervision and management of the prevention and control of air pollution.

The development and reform, economic and informatization, quality and technical supervision, and industrial and commercial departments of the local people’s government at or above the county level shall supervise and manage the prevention and control of energy consumption and air pollution in accordance with their respective responsibilities.

The development and reform, economic and informatization, and commercial departments of the local people's government at or above the county level shall supervise and manage industrial air pollution prevention and control in accordance with their respective responsibilities.

The public security, transportation, fishery, housing and urban-rural construction, and agriculture (agricultural machinery) departments of the local people’s governments at or above the county level shall supervise and manage the air pollution prevention and control of motor vehicles, ships and non-road mobile machinery according to their respective responsibilities.

The housing and urban-rural construction, land and resources, transportation, public security, water conservancy, forestry, and urban management departments of the local people’s government at or above the county level shall supervise and manage the prevention and control of dust and air pollution in accordance with their respective duties.

Other relevant competent departments of local people's governments at or above the county level shall supervise and manage the prevention and control of air pollution within the scope of their respective duties.

Article 6: Enterprises, institutions and other production and business operators shall perform their legal obligations to prevent and control air pollution, implement the national and provincial air pollutant emission and control standards, and take effective measures to prevent and control air pollution caused by production and operation or other activities. .

Citizens should consciously practice civilized, economical, and low-carbon consumption and lifestyle habits, reduce the emission of pollutants into the atmosphere, and jointly improve the quality of the atmosphere.

Article 7 The provincial people’s government may formulate local standards for items that are not specified in the national air environmental quality standards and air pollutant emission standards; for items that have been specified in the national air environmental quality standards and air pollutant emission standards, they may Formulate local standards that are stricter than national standards based on the actual situation in the province. Local air environmental quality standards and local air pollutant emission standards should be reported to the environmental protection administrative department of the State Council for the record.

Article 8 Local people's governments at all levels and relevant departments shall encourage and support scientific and technological research on air pollution prevention and control, and promote advanced and practical air pollution prevention and control technologies and equipment.

Local people's governments at all levels and relevant departments should strengthen air environmental protection publicity, popularize air pollution prevention and control laws, regulations and scientific knowledge, raise public awareness of air environmental protection, and promote public participation in air environmental protection.

Local people’s governments at all levels shall provide necessary support and assistance to pollutant emission units that actively carry out technological transformation, equipment renewal, and energy substitution in order to implement stricter than national and provincial air pollutant emission and control standards; Units and individuals who have made outstanding achievements in protecting and improving the atmospheric environment will be rewarded.

Chapter II Supervision and Management

Article 9 Implement a total discharge control system for key air pollutants and gradually reduce the total discharge of key air pollutants.

The provincial people’s government shall reduce and control the total emission of key air pollutants in the province in accordance with the provisions of the State Council, and on the basis of comprehensive consideration of environmental capacity and other factors, decompose and implement the total emission control indicators of key air pollutants to the cities and cities divided into districts. County (city) people's government. The people's governments of cities and counties (cities) divided into districts shall, in accordance with the requirements of the total emission control index of key air pollutants in their administrative region, decompose and implement the total emission control index of key air pollutants to the pollutant discharge unit.

In addition to the key air pollutants whose total emissions are reduced and controlled by the state, the provincial people's government may determine the key air pollutants to be reduced and controlled in the province based on the province's air environmental quality and the needs of air pollution prevention and control.

For areas that exceed the total annual key air pollutant emission control indicators, the environmental protection administrative department shall suspend the approval of the environmental impact assessment documents of construction projects for the newly added key air pollutant emissions in the area, and the project approval department shall not approve the construction, construction No unit may start construction.

Article 10 The total emission indicators of key air pollutants of existing pollutant discharge units shall be controlled and implemented by the environmental protection administrative department in accordance with the existing emissions of each unit, industrial development plans and clean production requirements, and the total amount of key air pollutants in the administrative region The plan is drawn up and submitted to the people's government at the same level for approval.

For new, rebuilt, or expanded construction projects that emit key air pollutants, the construction unit shall apply to the environmental protection administrative department in accordance with regulations to obtain the total key air pollutant discharge indicators before submitting the environmental impact assessment documents. The environmental protection administrative department examines and approves the total emission index of key air pollutants in accordance with the principle of reduction and substitution.

Article 11 Under the premise of strictly controlling the total discharge of key air pollutants and implementing a total discharge reduction plan, the province can conduct key air pollutant emission rights trading in accordance with the principle of conducive to total reduction and in accordance with relevant national regulations. Insufficient parts of the newly-built, rebuilt, and expanded construction projects' newly-added key air pollutant total emission indicators can be obtained through emissions trading in accordance with relevant regulations.

Article 12 A management system for permitting the discharge of air pollutants shall be implemented. Enterprises and institutions that emit industrial waste gas or toxic and harmful air pollutants into the atmosphere, coal-fired heat source production and operation units of central heating facilities, and other units that are required to obtain a pollutant discharge permit in accordance with regulations, should apply to the local environmental protection administrative department for approval and issuance of pollutant discharge license. It is prohibited to discharge air pollutants without a pollutant discharge permit or not in accordance with the discharge standards, total discharge control indicators and other requirements specified in the pollutant discharge permit.

Article 13 The pollutant discharge unit shall pay pollutant discharge fees in accordance with relevant state regulations. If there is no provision in the national pollution discharge fee collection standard, the provincial people's government may, in accordance with the needs of air pollution prevention and control, formulate a local pollution discharge fee collection standard, and report it to the relevant state department for the record. Pollutant discharge fees should be earmarked for use.

The payment of pollutant discharge fees by the pollutant discharging unit does not exempt its responsibility for pollution prevention, compensation for pollution damage and other responsibilities stipulated by laws, regulations and these regulations.

Article 14 The provincial environmental protection administrative department is responsible for organizing the establishment and management of an air environment quality monitoring network and a pollution source monitoring platform, carrying out monitoring of the air environment quality and air pollutant emissions, and working with the provincial meteorological authority to carry out heavy pollution weather forecasts.

Article 15 Local people's governments at or above the county level shall strengthen air pollution prevention and control monitoring and early warning capacity building, coordinate relevant departments to select monitoring sites, and incorporate the construction, operation, and maintenance costs of monitoring sites into their financial budgets.

The setting of atmospheric environmental quality monitoring stations shall be scientific and reasonable, and shall comply with the requirements of relevant monitoring technical specifications. Without the approval of the establishment department, it may not be changed, adjusted or cancelled without authorization.

Article 16 If a pollutant discharge unit discharges atmospheric pollutants in violation of laws, regulations and these regulations and causes or may cause serious pollution, the environmental protection administrative department and other departments responsible for the supervision and management of atmospheric environmental protection may seal up or detain Facilities and equipment for pollutant discharge.

Article 17: Implement the total emission control of key air pollutants, the target responsibility system for air environmental quality improvement, and the assessment and evaluation system.

The local people’s government at or above the county level shall include the key air pollutant discharge total control indicators and the completion of the air environmental quality improvement targets into the departments and their responsible persons who have the responsibility of atmospheric environmental protection supervision and management for the people’s governments at the same level and the people’s governments at lower levels and their The assessment content of the person in charge serves as an important basis for his assessment and evaluation. The results of the assessment should be made public.

For areas that exceed the total emission control targets of key air pollutants or have not completed the air environmental quality improvement targets, the provincial environmental protection administrative department, in conjunction with supervision and other relevant departments, will interview the main person in charge of the local people's government. The interview situation should be made public.

Article 18 The local people's government at or above the county level shall report to the people's congress or its standing committee at the corresponding level each year on the air environment quality and the completion of the target, and accept supervision in accordance with the law.

The standing committee of the local people's congress at or above the county level shall regularly conduct inspections of the implementation of laws and regulations on air pollution prevention and control, and strengthen supervision in accordance with the law.

Chapter 3 Information Disclosure and Public Participation

Article 19 Citizens, legal persons and other organizations shall have the right to obtain atmospheric environmental information, participate in and supervise atmospheric environmental protection in accordance with the law.

Article 20 The administrative department of environmental protection and other departments responsible for the supervision and management of atmospheric environmental protection shall disclose the quality of the atmospheric environment, reduce and control the total discharge of key air pollutants, supervision and monitoring of pollution sources, and related administrative licenses and administrative Atmospheric environmental information such as the collection and use of penalties and pollution discharge fees, and improve public participation procedures to facilitate public participation and supervision of atmospheric environmental protection.

The environmental protection administrative department uniformly releases to the public the air environment quality information of the administrative area, the monitoring information of key air pollution sources and other major air environment information. Atmospheric environmental quality information should be released in real time.

Environmental protection administrative departments and other departments responsible for the supervision and management of atmospheric environmental protection shall disclose atmospheric environmental information to the public through websites or other methods that are convenient for the public to know.

Article 21 The administrative department of environmental protection shall conduct supervisory monitoring and supervision of the discharge of air pollutants by pollutant discharging units, and use the monitoring and supervision results as environmental management credit management, verification of total pollutant discharge indicators, environmental protection approval of construction projects, etc. Important basis, and open to the society.

Article 22 Pollutants that discharge industrial waste gas or toxic and harmful air pollutants shall monitor air pollutant emissions by themselves or entrust a qualified monitoring agency in accordance with relevant national regulations and monitoring specifications, record and save monitoring data, and ensure that the monitoring data is true , Reliable, and open to the public through the website or other methods that are easy for the public to know. The retention time of monitoring data shall not be less than three years.

The key pollutant discharge units shall install automatic monitoring and monitoring equipment for air pollutant discharge in accordance with relevant national regulations and monitoring specifications, network with the monitoring system of the environmental protection administrative department, and ensure the normal operation and data transmission of the monitoring equipment, and truthfully disclose their main functions to the public. The name, discharge method, discharge concentration and total amount, excessive discharge status, and the construction and operation of pollution prevention facilities are subject to social supervision.

The list of key pollutant discharge units shall be determined and announced by the environmental protection administrative department.

Article 23: Where a major administrative decision may have a serious impact on the quality of the atmospheric environment, the people’s government or the relevant department that made the decision shall listen to the public’s opinions in advance through demonstration meetings, hearings, etc.

Article 24. Citizens, legal persons and other organizations may apply to the competent administrative department of environmental protection and other departments responsible for the supervision and management of atmospheric environmental protection to obtain atmospheric environmental information. The competent administrative department of environmental protection and other competent departments of atmospheric environmental protection supervision and management The responsible department shall be provided according to law.

Article 25 Citizens, legal persons, and other organizations that discover any unit or individual that has polluted the atmospheric environment have the right to report or complain to the environmental protection administrative department or other departments responsible for the supervision and management of atmospheric environmental protection. The environmental protection administrative department and other departments responsible for the supervision and management of atmospheric environmental protection shall publish the reporting and complaint telephone numbers and websites to facilitate the public to report and complain.

After receiving reports or complaints, the competent administrative department of environmental protection or other departments responsible for the supervision and management of atmospheric environmental protection shall deal with matters that fall within the scope of the department’s responsibilities according to law, and inform the reporter and complainant of the results; Matters within the scope of the department’s duties shall be immediately transferred to the competent department, and the competent department shall handle it in accordance with the law, and inform the reporter and complainant of the result.

The department that accepts the report shall keep the reporter confidential, and if the content of the report is verified to be true, the reporter shall be rewarded.

Chapter 4 Air Pollution Control Measures

Section 1 Energy Consumption Air Pollution Prevention and Control

Article 26 This province implements total coal consumption control.

The provincial development and reform administrative department shall, in conjunction with relevant departments, formulate an energy structure adjustment plan, determine the total amount of coal-fired control targets, specify the implementation steps, and gradually realize a negative increase in the total amount of coal-fired.

The people's governments of cities and counties (cities) divided into districts shall, in accordance with the total amount of coal-fired control targets, formulate plans for coal reduction and clean energy transformation and organize their implementation.

Local people's governments at or above the county level shall adopt economic and technical policies and measures that are conducive to the reduction of total coal burning, improve the energy structure, encourage and support the development and utilization of clean energy, and guide enterprises to carry out clean energy substitution.

Article 27 Newly-built projects are prohibited from supporting the construction of self-supplied coal-fired power stations. Except for cogeneration, it is prohibited to approve new coal-fired power generation projects; if the combined capacity of the existing coal-fired machine assembly meets the requirements of national regulations, it can be built into a large-capacity coal-fired unit according to the principle of coal equivalent replacement. Newly built large-capacity coal-fired units should simultaneously construct advanced and efficient desulfurization, denitrification and dust removal facilities so that the emission concentration of air pollutants basically reaches the emission limit of gas turbine units.

Existing coal-fired units should use advanced and efficient technologies to upgrade the desulfurization, denitrification and dust removal facilities so that the concentration of air pollutants can meet the requirements of the national and provincial regulations; or carry out the replacement and transformation of clean energy such as natural gas in accordance with the relevant national and provincial regulations .

Article 28 prohibits the import, sale and use of coal that does not meet the quality standards, and encourages the use of washed high-quality coal.

It is forbidden to burn raw coal in the built-up area of ​​the city, and it is forbidden to sell loose coal and sulfur-fixed coal that does not meet the prescribed standards.

Article 29 The people’s governments of cities and counties (cities) divided into districts shall organize the formulation of regional heating plans, construct and improve heating systems, and implement centralized heating for industrial parks (industrial concentrated areas) and urban built-up areas. Heat, and gradually expand the coverage of the heating pipe network.

Within the coverage of the gas pipeline network and the central heating pipeline network, it is forbidden to build or expand facilities that burn coal, heavy oil, and residual oil. The original scattered coal-fired boilers should be removed within a time limit. Where the original boilers in areas not covered by the central heating pipe network cannot stably meet the emission standards, they shall undergo high-efficiency dust removal reforms or switch to clean fuels.

Article 30 The people's governments of cities and counties (cities) divided into districts shall delimit and gradually expand high-polluting fuel ban areas, and report to the provincial environmental protection administrative department for the record.

It is prohibited to build or expand facilities that use high-polluting fuels in the high-polluting fuel prohibition zone; all kinds of high-polluting fuel-burning facilities in use should be stopped or switched to natural gas or liquefied petroleum within the time limit set by the local people’s government Other clean energy sources such as gas and electricity.

Article 31. It is forbidden to build coal-fired boilers other than cogeneration in urban built-up areas; in other areas, it is forbidden to build coal-fired boilers of 10 steam tons or less per hour.

The people's governments of cities and counties (cities) divided into districts shall formulate annual boiler renovation plans for their administrative regions, and complete renovation of various boilers in phases and regions in accordance with national and provincial emission standards.

Section 2 Industrial Air Pollution Prevention and Control

Article 32 The Provincial People's Government shall regularly formulate or revise the list of high-polluting industrial projects that are forbidden to build or expand, the list of high-polluting industrial adjustments, and the list of high-polluting process equipment eliminated, and publish them to the public.

The people's governments of cities and counties (cities) divided into districts shall organize the formulation of existing high-polluting industrial projects adjustment and withdrawal plans and organize their implementation.

It is forbidden to build or expand high-polluting industrial projects listed on the list.

It is forbidden to use high-polluting process equipment listed in the eliminated list. Enterprises shall not transfer the eliminated high-polluting process equipment to others.

Article 33 For enterprises whose energy consumption exceeds the quota standard or discharges key air pollutants in excess of the prescribed standard, a differentiated price policy for water, electricity and gas shall be implemented. The specific measures shall be formulated by the provincial administrative departments of price, environmental protection, economy and information technology, and finance.

Article 34 An industrial park (industrial concentration area) shall install an air pollution monitoring and control system in accordance with the requirements of the environmental protection administrative department, and network with the monitoring platform of the environmental protection administrative department to monitor the air environment quality and pollution source emissions in the park Real-time monitoring and timely warning.

Article 35 Enterprises shall use processes and equipment with high resource utilization rate and low pollutant emissions, and adopt the best practical air pollution control technology to reduce the generation of air pollutants.

The provincial environmental protection administrative department organizes and publishes the best practical air pollution control technology list.

Article 36 Strictly control industrial projects with heavy atmospheric pollution in the new, rebuilt, and expanded steel, building materials, petrochemical, non-ferrous, and chemical industries.

Newly built, rebuilt, or expanded industrial projects that emit smoke, dust, sulfides, and nitrogen oxides and other air pollutants during the production process shall support the construction and use of dust removal, desulfurization, denitrification and other emission reduction devices, or adopt other atmospheric control devices. Pollutant discharge measures.

Existing industrial projects with heavy air pollution that emit smoke, dust, sulfides, nitrogen oxides and other air pollutants during the production process shall carry out air pollutant emission upgrades and transformations in accordance with relevant national and provincial regulations, and in accordance with environmental protection administrative departments The requirements for the implementation of mandatory clean production audits and implementation of clean production technology transformation.

Article 37 Where toxic and harmful air pollutants are produced in the course of production and operation, the pollutant discharge unit shall install collection and purification devices or take other measures to meet the national and provincial emission standards or other relevant requirements. Direct discharge of toxic and harmful air pollutants is prohibited.

The transportation, loading, unloading, and storage of materials that may emit toxic and harmful air pollutants shall take airtight measures or other protective measures.

Article 38 The production and operation activities that produce volatile organic compounds waste gas should be carried out in confined spaces or equipment, and pollution prevention facilities such as waste gas collection and treatment systems should be installed to maintain their normal use; shipbuilding and other production that cannot be carried out in confined spaces In business activities, effective measures shall be taken to reduce the emission of volatile organic compounds.

Petroleum, chemical and other enterprises that produce and use organic solvents should establish leak detection and repair systems, conduct routine maintenance and repair of pipelines and equipment, and collect and handle leaked materials in a timely manner.

The provincial administrative department of environmental protection shall announce to the public the list of key volatile organic compounds controlled.

Article 39 Strictly control new and expanded industrial construction projects that emit malodorous pollutants. Existing pollutants in the chemical, petrochemical, pharmaceutical, tanning, bone glue refining, biological fermentation, and feed processing industries that emit malodorous pollutants into the atmosphere shall adopt advanced technologies and processes within the time limit specified by the environmental protection administrative department And equipment to reduce the discharge of odorous pollutants; if the rectification is not completed within the time limit, production should be restricted, stopped or closed.

Article 40 Oil storage and gas storage, refueling stations, crude oil product terminals, crude oil product oil transport ships and tank trucks, gas tank trucks, etc., shall be equipped with oil and gas recovery devices in accordance with standards and maintain normal use in accordance with regulations. No unit or individual may dismantle, leave idle or modify the oil and gas recovery device without authorization.

Oil storage depots and gas stations that fail to install oil and gas recovery devices in accordance with regulations shall not pass the environmental protection inspection and acceptance, and shall not pass the qualification examination of refined oil business. Tank trucks that fail to install oil and gas recovery devices in accordance with the regulations shall not pass the vehicle environmental protection inspection or go through the vehicle operation procedures.

Section 3 Prevention and Control of Air Pollution by Motor Vehicles, Vessels and Non-road Mobile Machinery

Article 41 The local people’s government at or above the county level shall, in accordance with the national and provincial regulations on the prevention and control of motor vehicle exhaust pollution, establish and improve the coordination mechanism for the prevention and control of motor vehicle exhaust pollution, and adopt measures to improve control standards, implement sign management, and time limit treatment. And update and eliminate prevention measures to protect and improve the atmospheric environment.

Article 42 Local people's governments at or above the county level shall optimize urban functions and layout planning, promote intelligent traffic management, implement a public transportation priority strategy, strengthen the construction of pedestrian and bicycle transportation systems, and guide the public to green and low-carbon travel.

Article 43 The provincial people’s government may, in accordance with the needs of the prevention and control of motor vehicle exhaust pollution, report to the State Council for approval in accordance with the law, implement the national phased motor vehicle emission standards for newly purchased motor vehicles in the administrative area of ​​the province or city divided into districts. .

Article 44 The local people's government at or above the county level shall formulate relevant policies according to the needs of motor vehicle exhaust pollution prevention and control, build corresponding infrastructure, promote new energy vehicles, and support the use of vehicles in the public transportation, environmental sanitation, postal, and electric power industries. And official vehicles are the first to use new energy vehicles.

Article 45 The people's governments of cities and counties (cities) divided into districts may reasonably control the number of motor vehicles and limit the number of motorcycles in urban areas in accordance with the needs of air pollution prevention and control, economic and social development planning, and urban planning.

The measures taken to control the number of motor vehicles shall be publicly solicited for public opinions, reviewed by the Standing Committee of the People’s Congress at the same level, and announced to the public 30 days before implementation.

Article 46 After repairing, adjusting or adopting control technology, a motor vehicle that emits pollutants into the atmosphere still does not meet the relevant requirements of the national standard for the vehicle in use, it shall be scrapped in accordance with national regulations.

If a motor vehicle that has reached the scrapping standard is driving on the road, the traffic management department of the public security organ shall collect it and scrap it forcibly.

Article 47 The classified management of environmental protection signs shall be implemented for motor vehicles in use. Environmental protection signs are divided into green environmental protection signs and yellow environmental protection signs.

The people's governments of cities and counties (cities) divided into districts can determine the areas and time periods when vehicles with yellow environmental protection signs are prohibited from driving in accordance with the requirements of urban planning and atmospheric environmental quality functional zoning, and set up automatic identification systems for prohibition signs and environmental protection signs.

Article 48 Ships that discharge pollutants into the atmosphere shall comply with relevant discharge standards.

It is forbidden for ships to use incinerators or burn ship garbage in inland waters. It is prohibited for ships carrying dangerous goods to carry out cabin purge or fumigation operations in urban urban waterways, dense navigable areas, crossing areas, ship locks, large bridges, underwater passages and other inland waters. Ships using incinerators and purging gas in the seaport area shall be carried out after being approved by relevant departments in accordance with relevant national regulations.

The administrative department of transportation is responsible for promoting the transformation of ship oil and gas power. The administrative department in charge of development and reform shall incorporate the construction of shore power systems for ships calling at ports into the development plan for clean energy utilization.

Article 49 The emission of pollutants into the atmosphere by non-road mobile machinery shall meet the emission standards set by the state and the province. Non-road mobile machinery that exceeds the prescribed emission standards shall be treated within a time limit. If the emission standards are still not met after a time limit, the environmental protection, housing and urban-rural construction, agricultural machinery and other administrative departments shall order them to stop their use.

The administrative department of environmental protection of the city divided into districts may delimit areas where the use of high-emission non-road mobile machinery is prohibited based on the atmospheric environmental quality.

Implement an environmental protection label management system for urban high-emission non-road mobile machinery. The specific measures shall be separately formulated by the Provincial People's Government.

Section 4 Dust Air Pollution Prevention and Control

Article 50 The people's governments of cities and counties (cities) divided into districts shall establish and improve the work system for the prevention and control of fugitive dust pollution, organize and delimit urban fugitive dust pollution control areas, and clarify the control objectives and control measures of the urban fugitive dust pollution control areas.

Article 51 Steel, thermal power, building materials and other enterprises, as well as the material storage sites of ports and wharfs and construction sites, shall harden the ground as required, and adopt measures such as airtightness, enclosure, cover, spraying, greening, and installation of wind and dust suppression nets. . Material loading and unloading operations that can be closed should be closed to avoid dust from operations. Large-scale coal yards and material storage sites shall establish airtight silos and conveying devices.

The exit of the material storage place should harden the ground and set up vehicle washing facilities, and the transport vehicle can be driven out of the work site after being washed. The construction unit and the business manager of the material storage site shall clean and flush the road at the exit in time, and the road surface shall not have obvious marks of soil or material.

Article 52 The project construction unit shall bear the responsibility for the prevention and control of construction fugitive dust pollution and include the fugitive dust pollution prevention and control expenses in the project cost. The project construction unit shall require the construction unit to formulate a dust pollution prevention and control plan, and entrust the supervision unit to be responsible for the supervision and implementation of the plan.

The construction unit shall abide by the regulations on environmental protection at the construction site, establish a corresponding responsibility management system, formulate a dust pollution prevention plan, set up airtight enclosures on the construction site, adopt coverage, segmentation, construction at a time, spray water to suppress dust, and wash the ground Effective dust prevention measures such as vehicles and vehicles.

Article 53 Demolition units of houses or other buildings (structures) shall be equipped with dust-proof and dust-suppressing equipment and be responsible for the control of dust pollution generated during the demolition process. When houses or other buildings (structures) are demolished, enclosures shall be set up, and measures such as continuous pressure spraying shall be adopted to suppress the generation of dust. Where blasting operations are required, water should be sprayed on the periphery of the blasting operation area.

When the weather forecast wind speed reaches level 5 or above, the blasting or demolition of houses or other buildings (structures) shall be stopped.

If the construction cannot be started within seven days after the completion of the demolition project, the bare land shall be covered, greened or paved.

Article 54. The administrative department of city appearance and environmental sanitation under the people’s government of a city divided into districts and counties (cities) shall implement mechanized road cleaning and cleaning and cleaning operations, reasonably arrange operation time in accordance with the requirements of operation specifications, increase operation frequency in a timely manner, and increase Quality of work.

The municipal administrative department of the people's government of a city or county (city) divided into districts shall repair the damaged road surface in time to prevent the exposed soil.

Article 55 The management and maintenance unit of various types of green lands, such as public green lands and green belts, shall be responsible for greening, maintenance, and prevention of dust pollution.

The bare soil in newly-built public green spaces and green belts shall be covered, and the covering soil of tree ponds, flower beds, and green belts shall not be higher than the edges. The site shall be cleaned up in time after the completion of the greening construction.

Article 56 Mining mining shall be carried out while mining and treatment shall be carried out, and the ecological environment shall be restored in time. Waste rock, waste residue, mud, etc. should be piled up in a special storage place, and dust prevention measures such as enclosures, dust-proof nets or dust-proof cloths should be adopted; the construction roads should be hardened and there is no obvious dust accumulation.

During the mining process and before stopping mining or closing the mine, the mining right holder shall repair damaged roads and open-pit mining slopes and sections, restore vegetation, and dispose of mining waste in accordance with regulations, rectify and restore the geological environment of the mine, Prevent dust pollution.

Article 57 The people's governments of cities and counties (cities) divided into districts shall organize the planning and construction of dedicated construction waste and engineering slag disposal sites, promote comprehensive utilization of resources, regulate disposal behavior, and reduce secondary dust.

Vehicles transporting construction waste and engineering slag shall adopt airtight or other measures to prevent construction waste and engineering slag from being thrown and dripping and causing dust pollution. The administrative departments of city appearance and environmental sanitation under the people's governments of cities and counties (cities) divided into districts shall strengthen the supervision of vehicles transporting construction waste and construction waste, regulate the transportation and disposal of construction waste and construction waste, and investigate and punish dripping and leakage according to law.

Article 58 Those who discharge fugitive dust pollutants into the atmosphere shall pay fugitive dust discharge fees in accordance with regulations. The dust emission fee is specially used for the prevention and control of dust pollution. The collection and use of dust emission fees shall be formulated by the provincial administrative departments of finance, price and environmental protection.

Section 5 Other Air Pollution Prevention and Control

Article 59 It is forbidden to build or expand catering service items that emit oily fume in the following places:

(1) Non-commercial buildings such as residential buildings;

(2) Commercial and residential complexes that have not set up supporting planning special flues;

(3) The floor adjacent to the residential floor in a commercial and residential complex.

It is forbidden to barbecue food in the open air outside the barbecue area designated by the management and maintenance unit on both sides of urban main and secondary roads, residential areas, parks and green spaces.

Article 60 Catering service operators shall take the following measures to prevent pollution to the atmospheric environment:

(1) Set up oil fume purification device, regularly clean and maintain, and maintain normal operation;

(2) Set up special flues for the catering industry in accordance with regulations;

(3) Catering enterprises with a business area of ​​more than 500 square meters shall install on-line oil fume monitoring facilities.

Article 61 Operators engaged in clothing dry cleaning and motor vehicle maintenance and other service activities shall install odor and exhaust gas treatment devices and other pollution prevention facilities in accordance with relevant national standards or requirements and keep them in normal use to prevent impact on the surrounding environment.

Article 62 Local people’s governments at all levels shall formulate and implement financial, investment, tax, and price policies and measures that are conducive to the use of crop straw, promote the mechanized return of straw to the field, and encourage the use of straw as raw materials to develop biomass energy and production Products such as feed and artificial boards promote the comprehensive utilization of crop straw. The agricultural (agricultural machinery) administrative department of the local people's government at or above the county level shall supervise and manage the comprehensive utilization of straw in accordance with its duties.

It is forbidden to burn straw in the open.

Article 63 It is forbidden to burn asphalt, linoleum, rubber, plastic, garbage, leather and other substances that produce toxic, harmful and odorous gases in the open air.

It is prohibited to burn fallen leaves in the open in urban built-up areas.

Article 64 The agricultural administrative department of the local people's government at or above the county level shall organize the promotion of new slow-release fertilizer technologies, and guide agricultural producers and operators to scientifically and rationally apply agricultural inputs such as pesticides and fertilizers to reduce ammonia emissions.

Article 65 Units and individuals engaged in livestock and poultry breeding and slaughtering production operations shall take effective measures to prevent the surrounding environment from being polluted. It is forbidden to set up livestock and poultry farms and slaughterhouses (factories) around densely populated areas such as schools, hospitals, residential areas and public places.

Article 66 The discharge of gases and aerosols containing radioactive substances into the atmosphere shall comply with the national regulations on radiological protection and shall not exceed the prescribed discharge standards.

Article 67 The people's governments of cities and counties (cities) divided into districts shall, in accordance with the actual conditions of their respective administrative regions, determine the time, place and types of fireworks and firecrackers to be restricted or prohibited. It is forbidden to set off fireworks in violation of regulations.

Chapter 5 Regional Air Pollution Joint Prevention and Control

Article 68 The Provincial People’s Government shall, in accordance with relevant national regulations, establish an air pollution prevention and control coordination mechanism with the Yangtze River Delta region’s provinces, cities and other neighboring provinces, regularly negotiate and resolve major air pollution prevention and control issues, and adopt unified prevention and control measures to promote air pollution. Regional cooperation in pollution prevention and control.

Article 69: Relevant provincial departments shall establish communication and coordination mechanisms with relevant departments in the Yangtze River Delta region, cities and other neighboring provinces, share information on atmospheric environmental quality, optimize industrial structure and layout, and notify major pollution that may cause transboundary atmospheric impact In the event of an accident, establish an air pollution early warning and joint emergency response mechanism, coordinate cross-border air pollution disputes, and promote inter-provincial joint prevention and control of air pollution.

Article 70 The Provincial People’s Government shall, in accordance with the requirements for joint prevention and control of air pollution in key areas of the country, delineate the province’s key areas for air pollution prevention and control in accordance with the main functional zoning, regional air environmental quality and the law of air pollution transmission and diffusion, and coordinate the overall coordination of the area Air pollution prevention and control work.

Article 71: The provincial administrative department of environmental protection, in conjunction with the people's governments of cities divided into districts in key areas for the prevention and control of air pollution in the province, shall formulate regional air pollution prevention and control plans in accordance with regional economic and social development and the carrying capacity of the atmospheric environment, and clarify coordinated control goals. Optimize the regional economic layout, coordinate transportation management, develop clean energy, put forward key prevention tasks and measures, and promote the improvement of regional atmospheric environmental quality.

Article 72: The people's governments of cities with districts in key areas shall strengthen communication and coordination, share information on air environment quality, negotiate and resolve cross-border air pollution disputes, carry out joint law enforcement actions, investigate and deal with illegal acts of air pollution in the area, and work together Air pollution prevention and control in the region.

If a construction project may cause adverse effects on the atmospheric environment of an adjacent administrative area, the environmental protection administrative department shall seek the opinions of the environmental protection administrative department of the adjacent administrative area when examining and approving the environmental impact assessment documents.

Chapter VI Early Warning and Emergency

Article 73 Establish a system for monitoring, early warning and emergency response to heavy pollution weather.

The environmental protection administrative department shall, in conjunction with the meteorological and other relevant departments, establish a heavy pollution weather warning and consultation mechanism to conduct atmospheric environmental quality forecasting and monitoring.

Local people's governments at or above the county level shall incorporate severely polluted weather response into the emergency response system, formulate and improve the severely polluted weather emergency response plan, and announce it to the public.

Article 74 When the atmosphere is severely polluted and emergencies that endanger human health and safety occur or may occur, local people’s governments at or above the county level shall promptly initiate emergency response plans and, in accordance with the prescribed procedures, use the media to publish information on heavily polluted weather. Early warning information, and implement the following corresponding emergency response measures according to the warning level:

(1) Order relevant enterprises to suspend or restrict production;

(2) Restriction of certain motor vehicles;

(3) It is forbidden to set off fireworks and firecrackers;

(4) Stop or restrict construction site operations that are prone to dust;

(5) Barbecuing in the open air is prohibited;

(6) Stop outdoor sports activities in kindergartens and schools;

(7) Stop organizing open-air sports competitions and other open-air group activities;

(8) Other emergency response measures prescribed by the state and province.

Enterprises, institutions, and citizens should cooperate with the government and relevant departments to take emergency response measures to severely polluted weather.

Article 75 Units that may have atmospheric environmental emergencies shall prepare emergency plans in accordance with relevant national and provincial regulations and report to the local environmental protection administrative department for the record. When an atmospheric environmental incident occurs or is likely to occur, the unit shall immediately initiate an emergency plan, take measures to prevent the expansion of pollution, promptly notify the unit and residents that may be harmed by air pollution, and report to the local environmental protection administrative department.

Article 76 The emergency response to sudden air pollution accidents shall be implemented in accordance with the "Environmental Protection Law of the People's Republic of China" and the "Emergency Response Law of the People's Republic of China" and other laws and regulations.

Chapter 7 Legal Liability

Article 77 Anyone who violates the provisions of Article 12 of these regulations and commits one of the following acts shall be ordered by the environmental protection administrative department to stop pollutant discharge or restrict production or suspend production for rectification, and impose a fine of 100,000 yuan up to 1 million yuan; If the circumstances are serious, report to the people’s government with the right to approve and order the suspension of business or closure:

(1) Discharging air pollutants without a pollutant discharge permit;

(2) Exceeding the emission standards or total emission control indicators specified in the pollution discharge permit to discharge air pollutants.

Discharge of air pollutants without a pollutant discharge permit, is ordered to stop pollutant discharge, refuses to execute, and does not constitute a crime, the environmental protection administrative department transfers the case to the public security organ, and the person in charge and other persons directly responsible for it shall be dealt with according to law detention.

Those who fail to discharge air pollutants in accordance with other requirements of the pollution discharge permit shall be ordered by the environmental protection administrative department to make corrections within a time limit and be fined between 20,000 yuan and 200,000 yuan; if the circumstances are serious, the environmental protection administrative department shall revoke the pollution discharge permit certificate.

Article 78 Anyone who violates Article 22 of these regulations and commits one of the following acts shall be ordered by the environmental protection administrative department to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; those who refuse to make corrections shall be ordered Stop production and remediation:

(1) A pollutant discharge unit that discharges industrial waste gas or toxic and harmful air pollutants fails to monitor the discharge of air pollutants in accordance with regulations;

(2) The key pollutant discharge unit fails to install automatic monitoring and monitoring equipment for air pollutant discharge in accordance with the regulations, or fails to network with the monitoring equipment of the environmental protection administrative department in accordance with the regulations and ensure the normal operation of the monitoring equipment.

In violation of the provisions of Article 22 of these Regulations, if the pollutant discharge unit fails to save or disclose monitoring data and other information as required, the environmental protection administrative department shall order it to make corrections within a time limit and impose a fine of 20,000 to 100,000.

Article 79 In violation of the first paragraph of Article 27 of these regulations, new projects supporting the construction of self-contained coal-fired power stations shall be ordered by the environmental protection administrative department to stop the illegal activities and impose a punishment of not less than 50,000 yuan but not more than 200,000 yuan Fines, and report to the people's government with the right to approve for approval, order to close down or demolish within a time limit.

Article 80 Anyone who, in violation of the second paragraph of Article 28 of these regulations, sells loose coal or solid-sulfur briquette that does not meet the prescribed standards shall be ordered by the department that exercises the power of supervision and management in accordance with the law to stop the sale, confiscate the illegal income, and be punished. A fine of more than three times the value of the goods.

Article 81 Anyone who commits one of the following acts shall be ordered by the environmental protection administrative department to dismantle or confiscate the relevant facilities within a time limit and impose a fine of 20,000 to 100,000 yuan:

(1) In violation of the second paragraph of Article 29 of these Regulations, new or expanded facilities that burn coal, heavy oil, and residual oil within the coverage of the gas pipeline network and the central heating pipeline network;

(2) In violation of the second paragraph of Article 30 of these regulations, new or expanded facilities for burning high-polluting fuels in the high-polluting fuel prohibition zone, or continuing to use high-polluting fuels after the expiration of the prescribed time limit;

(3) Violating the first paragraph of Article 31 of these Regulations, new coal-fired boilers other than cogeneration in urban built-up areas, or new coal-fired boilers of 10 steam tons per hour or less in other areas.

Article 82 Violation of Article 32 of these regulations, new or expansion of high-polluting industrial projects listed in the list, using eliminated high-polluting process equipment, or transferring eliminated high-polluting process equipment to others for use, The comprehensive economic management department shall order corrections and confiscate the illegal gains; if they refuse to make corrections, they shall be reported to the approved people’s government for approval and ordered to suspend business or close down.

Article 83 In violation of the provisions of Article 38, Paragraph 1 of these Regulations, those who fail to conduct production and operation activities that produce volatile organic compounds in confined spaces or equipment or fail to install and use pollution prevention facilities in accordance with regulations shall be subject to environmental protection The competent administrative department shall order corrections and impose a fine of 20,000 yuan up to 200,000 yuan; if they refuse to make corrections, they shall be ordered to stop production for rectification.

Violation of the second paragraph of Article 38 of these Regulations and failure to establish a leak detection and repair system shall be ordered by the environmental protection administrative department to make corrections within a time limit; if the correction is not made within the time limit, a fine of 10,000 yuan up to 100,000 yuan shall be imposed.

Article 84 Violation of the first paragraph of Article 40 of these Regulations, if oil and gas storage, gas filling stations, tank trucks, and gas tank trucks fail to install oil and gas recovery devices in accordance with the standards, the environmental protection administrative department shall Order to make corrections within a time limit, impose a fine of not less than 20,000 yuan but not more than 100,000 yuan on the owners or operators of oil storage and gas storage facilities and gas filling stations, and impose a fine of 10,000 yuan and more than 50,000 yuan on the owners or operators of oil tankers and gas tankers Fines below RMB yuan; if the oil and gas recovery device is used abnormally, or the oil and gas recovery device is dismantled, left unused, or modified without authorization, the environmental protection administrative department shall order correction within a time limit, and impose a penalty on the owner or operator of the oil and gas storage and gas station A fine of not less than 20,000 yuan but not more than 100,000 yuan shall be fined between 10,000 yuan and 50,000 yuan on the owners or operators of oil tankers and gas tankers.

Article 85 In violation of the second paragraph of Article 47 of these regulations, vehicles with yellow environmental protection signs driving in prohibited areas and time periods shall be punished by the traffic management department of the public security organ in accordance with the law for violating the prohibition signs.

Article 86 Violation of the provisions of paragraphs 1 and 2 of Article 48 of these regulations, causing air environmental pollution, shall be punished by the administrative departments of transportation, maritime affairs, fishery, etc. according to law.

Article 87 Anyone who violates the second paragraph of Article 49 of these regulations and uses high-emission non-road mobile machinery in prohibited areas shall be ordered by the environmental protection administrative department to make corrections within a time limit, and may impose 10,000 yuan to 50,000 yuan The following is fine.

Article 88 Where any of the following acts is committed, the administrative departments of environmental protection, housing and urban-rural development, transportation, water conservancy and other administrative departments shall order corrections within a time limit according to their respective duties, and may impose a fine of 10,000 yuan up to 100,000 yuan; Those who fail to meet the requirements of local environmental protection regulations may be ordered to stop work for rectification:

(1) Violation of Article 51 of these regulations by failing to take measures to prevent and control dust;

(2) Violating the second paragraph of Article 52 of these Regulations, failing to formulate a dust pollution prevention plan or failing to take dust prevention measures in accordance with the plan;

(3) In violation of the provisions of the first paragraph of Article 53 of these regulations, the demolition of houses or other buildings (structures) did not set up enclosures, took measures such as continuous pressure spraying, or failed to spray water on the periphery of the blasting operation area. wet;

(4) Violating the second paragraph of Article 53 of these regulations by not stopping the blasting or demolition of houses or other buildings (structures);

(5) Violating the third paragraph of Article 53 of these regulations, the construction cannot be started within seven days after the completion of the demolition project, and the bare land surface has not been covered, greened or paved.

Article 89 Violation of the first paragraph of Article 59 of these regulations, in non-commercial buildings such as residential buildings, commercial and residential complexes without supporting planning special flues, and commercial and residential complexes adjacent to the residential floor Newly built or expanded catering service items that emit oily fumes in the floors of the buildings shall be ordered to be corrected by the administrative department determined by the people's government of the city or county (city) divided into districts; if they refuse to make corrections, they shall be ordered to close and impose a penalty of 10,000 yuan or more Fines below yuan.

In violation of the second paragraph of Article 59 of these regulations, the open-air barbecue food on both sides of urban main and secondary arterial roads, residential areas or parks or green spaces outside the barbecue area designated by the management and maintenance unit shall be determined by the city or county ( The administrative department determined by the Municipal People’s Government shall order corrections and impose a fine of not less than 500 yuan but not more than 2,000 yuan.

Article 90 In violation of the provisions of Article 60 of these Regulations, catering service operators failing to take measures to cause air pollution, shall be ordered by the environmental protection administrative department to make corrections within a time limit and be fined between 10,000 yuan and 50,000 yuan.

Article 91 Those who violate the provisions of Article 61 of these regulations, engage in clothing dry cleaning and motor vehicle maintenance and other service activities, fail to install odor and exhaust gas treatment devices and other pollution prevention facilities and maintain normal use, and affect the surrounding environment, the environmental protection The competent administrative department shall order corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; if they refuse to make corrections, they shall be ordered to suspend business for rectification.

Article 92 In violation of the second paragraph of Article 62 of these regulations, the open-air burning of straw shall be ordered by the environmental protection administrative department to make corrections and be fined not less than 200 yuan but not more than 2,000 yuan.

In violation of the first paragraph of Article 63 of these regulations, open burning of asphalt, linoleum, rubber, plastics, garbage, leather and other substances that produce toxic, harmful and odorous gases shall be ordered by the environmental protection administrative department to make corrections and deal with enterprises and institutions. A fine of 10,000 yuan to 100,000 yuan shall be imposed, and a fine of 500 yuan to 5,000 yuan shall be imposed on individuals.

Violation of the second paragraph of Article 63 of these regulations by burning fallen leaves in the open in urban built-up areas shall be ordered by the administrative department of city appearance and environmental sanitation to make corrections and be fined not less than 200 yuan but not more than 2,000 yuan.

Article 93 If a pollutant discharge unit violates the provisions of these regulations and causes an air pollution accident, or violates the provisions of Article 12 of these regulations, in addition to penalizing the unit, the environmental protection administrative department and other departments responsible for the supervision and management of atmospheric environmental protection It is also possible to impose a fine of 10,000 yuan up to 100,000 yuan on the main person in charge and the person directly responsible.

Article 94 Violation of these regulations, except for the circumstances stipulated in Article 80, Article 85, Article 86, Article 89 Paragraph 2, Article 92, Article 93 In addition, for administrative penalties of fines, if they are ordered to make corrections, and if they refuse to make corrections, the department that made the penalty decision in accordance with the law may, starting from the day after the day the correction is ordered, continue to penalize the penalties according to the original penalty amount.

Article 95 Whoever violates the laws, regulations and these regulations on the prevention and control of air pollution by discharging air pollutants, causing serious pollution and constituting a crime, shall be investigated for criminal responsibility in accordance with the law.

Environmental protection administrative departments and judicial organs should establish and improve the linkage mechanism between administrative law enforcement and criminal justice in air pollution cases, and improve the systems for case transfer and clue notification.

Article 96 If the party concerned is dissatisfied with the administrative actions of the environmental protection administrative department and other departments responsible for the supervision and management of atmospheric environmental protection, they may apply for administrative reconsideration or file an administrative lawsuit according to law.

The people's government of a city divided into districts, counties (cities), and environmental protection administrative departments apply for compulsory execution on their decision to order the suspension of business, shutdown, or suspension of production for rectification, and the people's court approves the execution after review and ruling according to law, but the person subject to execution refuses The people’s court may issue a notice of assistance in execution to the water, electricity, heat, and gas supply units of the person subject to execution, and the supply unit shall assist the people’s court in taking measures such as stopping water supply, power supply, heating, and gas supply against the person subject to execution. If the assisting enforcement unit refuses to assist, the people's court may impose sanctions according to law.

Article 97: Where local people’s governments at or above the county level, environmental protection administrative departments, and other departments responsible for the supervision and management of atmospheric environmental protection have one of the following acts, their superior or supervisory authority shall order corrections and be responsible for them The main person in charge, the directly responsible person in charge and other directly responsible persons shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Approval of administrative license that does not meet the requirements of administrative license;

(2) In accordance with laws, regulations and these regulations, a decision on administrative punishment should be made but not made;

(3) Failure to promptly investigate and punish when the air pollutants are discharged in violation of standards or regulations are found or received;

(4) Environmental information should be disclosed in accordance with the law but not disclosed;

(5) In violation of laws, regulations and the provisions of these regulations, seal up or seize the facilities and equipment of the sewage disposal unit;

(6) tampering with, forging or instructing to tamper with or forging monitoring data;

(7) Withholding, squeezing or embezzling the collected sewage charges for other purposes;

(8) Other acts of abuse of power, negligence of duty, or malpractice for personal gain.

Chapter 8 Supplementary Provisions

Article 98 The meaning of the following terms in these regulations:

(1) Pollutant discharge units refer to enterprises, institutions and individual industrial and commercial households that emit pollutants to the atmosphere.

(2) Key air pollutants refer to air pollutants that are included in the national economic and social development plan as a binding indicator according to the need to improve the quality of the air environment by the national and provincial people’s governments, such as sulfur dioxide, which are determined to implement total emission control and reduction. , Nitrogen oxides, etc.

(3) Highly polluting fuels refer to raw (loose) coal, coal gangue, pulverized coal, coal slime, fuel oil (heavy oil and residual oil), various combustible wastes, and directly burned biomass fuels (trees, straw, Sawdust, rice husk, bagasse, etc.) and sulfur-fixed coal, light diesel oil, kerosene and artificial gas whose pollutant content exceeds the national limit.

(4) Toxic and harmful air pollutants refers to the air pollutants that are listed in the national list of toxic and harmful air pollutants that are harmful to human health and the ecological environment.

(5) Non-road mobile machinery refers to non-road mobile machinery that is self-driven or has dual functions, or cannot be self-driven, but is designed to be moved from one place or to another place, including industrial Drilling equipment, construction machinery, agricultural machinery, forestry machinery, fishery machinery, material handling machinery, forklifts, snow plow equipment, airport ground handling equipment, air compressors, generator sets, water pumps, etc.

(6) Heavy pollution weather refers to the cumulative air pollution that occurs in a larger area due to the discharge of pollutants such as industrial waste gas, motor vehicle exhaust, dust, and large-area straw burning under adverse weather conditions.

Article 99 These regulations shall come into force on March 1, 2015.

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