(1) To amend Article 5 to read: "The prevention and control of air pollution shall focus on reducing the concentration of fine particulate matter in the atmosphere, implement synergistic control of a variety of pollutants, adhere to the control of pollutant emissions throughout the entire process from the source to the end, strictly enforce the emission standards, implement the control of total amount of pollutant emissions and concentration, and accelerate the reduction of the total amount of emissions. control, and accelerate the reduction of total emissions."
(2) Article 7 is amended to read: "The municipal people's government shall be responsible for the prevention and control of air pollution in the city, and the people's governments of districts and townships shall bear the corresponding responsibilities within their respective jurisdictions."
(3) Delete Article 16.
(4) Article 21 was changed to Article 20, amended to read: "Municipal and district people's governments shall incorporate response to heavy polluted weather into the emergency management system for emergencies, formulate emergency response plans for heavy air pollution, record them with the administrative department of environmental protection of the people's government of the next higher level, and publicize them to the society.
"When the atmosphere is seriously polluted and emergencies that jeopardize human health and safety occur or are likely to occur, the municipal people's government shall, in accordance with the prescribed procedures, issue early warning information on heavy air pollution to the community through the media. The municipal and district people's governments will activate the emergency plan in accordance with the warning level, and implement corresponding emergency measures, including: ordering the relevant enterprises to stop or limit production, restricting some motor vehicles, prohibiting the discharge of fireworks, stopping earthwork operations at construction sites and building demolition construction, stopping open-air barbecues, and stopping kindergartens and outdoor physical education classes at schools.
"The relevant sewage disposal units shall implement the emergency measures stipulated in the second paragraph of this article.
"After the end of the emergency response, the people's government shall carry out a timely assessment of the implementation of the emergency plan, and revise and improve the emergency plan in due course."
(5) Article 30 shall be changed to Article 29, and the first paragraph shall be amended to read: "New construction projects, alteration and expansion of construction projects emitting pollutants into the atmosphere shall be subject to environmental impact assessment in accordance with law."
(6) Article 31 shall be changed to Article 30, and the second paragraph shall be deleted.
(7) Article 32 shall be changed to Article 31, and amended to read: "Enterprises, institutions and other production operators that discharge pollutants into the atmosphere shall keep air pollution prevention and control facilities in normal use."
(8) Changing Article 33 to Article 32 and amending it to read, "Enterprises, institutions and other production operators that discharge pollutants into the atmosphere shall pay environmental protection tax in accordance with the relevant provisions of the state and the city."
(9) Article 34 shall be changed to Article 33, and the second paragraph shall be amended to read, "It is prohibited to emit air pollutants by means of evading supervision such as stealing emissions, tampering with or falsifying monitoring data, temporary shutdown of production for the purpose of evading on-site inspections, opening of emergency emission channels in non-emergency situations, and improper operation of air pollution prevention and control facilities. "
(10) Article 39 shall be changed to Article 38, and amended to read: "Citizens, legal persons and other organizations shall have the right to request the municipal and district people's governments and their relevant departments of environmental protection to disclose information on the quality of the atmospheric environment, unexpected atmospheric environmental incidents, and related administrative licenses and administrative penalties."
(11) Article 43 shall be changed to Article 42, and the first paragraph shall be amended to read: "The city shall implement an emissions licensing system for air pollutants in accordance with the relevant provisions of the state and the city."
(xii) Article 46 was changed to Article 45, and the second paragraph was revised to read, "New construction, alteration and expansion construction projects that are included in the scope of total control shall obtain the total emission targets of key air pollutants before compiling or filling out the environmental impact assessment documents, and the source of the targets shall be stated in the environmental impact assessment documents. "
(13) Article 47 shall be changed to Article 46, and the second paragraph shall be amended to read: "Construction projects that obtain the total air pollutant emission targets through reduction and substitution shall not be put into production before the reduction of the substituted emissions is completed."
(14) Article 57 shall be changed to Article 56, and amended to read: "Production and service activities that generate exhaust gases containing volatile organic compounds shall be carried out in enclosed spaces or equipment, and pollution prevention and control facilities shall be installed and utilized in accordance with the regulations; where it is not possible to be enclosed, measures shall be taken to reduce the emission of exhaust gases.
"Refueling and filling stations, oil and gas storage depots and units using tanker trucks and gas tanker trucks, etc., shall install oil and gas recovery devices and keep them in normal use in accordance with the state and municipal regulations, and report annually to the administrative department for environmental protection the oil and gas emission test reports issued by testing-qualified organizations."
(15) Article 62 shall be changed to Article 61, and the first paragraph shall be amended to read: "No unit or individual shall engage in open burning of straw, leaves, dead grass, garbage, electronic waste, linoleum, rubber, plastic, leather, asphalt and other pollutants emitted into the atmosphere."
(16) Article 69 was changed to Article 68, amended to read: "Regular testing of motor vehicle emissions pollution, by the motor vehicle emissions inspection organizations certified by measurement according to law. Inspection agencies should be strictly in accordance with the provisions of the motor vehicle emissions pollution testing, and with the administrative department of environmental protection networking, realizing the test data in real time **** enjoy. Motor vehicle emissions inspection agency and its responsible person for the authenticity and accuracy of the test data is responsible for.
"The administrative department of environmental protection and certification and accreditation supervision and management departments shall supervise and inspect the motor vehicle emissions inspection agency emissions inspection."
(17) Article 75 shall be changed to Article 74, and the second paragraph shall be amended to read, "The municipal people's government may, in accordance with the state of the quality of the atmospheric environment, delineate the areas where the use of high-emission non-road mobile machinery is prohibited."
(18) Article 76 shall be changed to Article 75, and amended to read: "The Municipality shall implement a mandatory scrapping system for motor vehicles in accordance with national regulations. Motor vehicles that emit air pollutants in excess of the standard shall be repaired; if they still do not meet the requirements of the national emission standards after repair, adjustment, and adoption of control technology, they shall be compulsorily scrapped in accordance with the law."
(19) Article 90 is changed to Article 89, and the second paragraph is deleted.
(xx) Changing Article 91 to Article 90, and deleting the fourth paragraph.
(21) Article 92 shall be renamed as Article 91, and the phrase "the municipal environmental protection administrative department may seize the sewage disposal facilities and impose a fine of not less than 50,000 yuan and not more than 500,000 yuan" in the first paragraph shall be amended to read: "the municipal or district environmental protection administrative department may seize the sewage disposal facilities and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan". and impose a fine of not less than ten thousand yuan and not more than one hundred thousand yuan".
(22) Article 93 was changed to Article 92, amended to read: "In violation of the provisions of Article 27 of these Regulations, the emission of pollutants into the atmosphere does not comply with the national or municipal standards for emission and control of air pollutants, the competent administrative department for environmental protection ordered to make corrections, or to restrict the production, shutdown and remediation, and imposed a fine of more than 100,000 yuan to less than one million yuan; If the circumstances are serious, it shall be reported to the people's government with approval authority for approval, and shall be ordered to cease operation or close down; if the discharge of pollutants into the atmosphere exceeds the total emission target, the competent administrative department of environmental protection shall order the cessation of sewage discharge, and impose a fine of not less than one hundred thousand yuan and not more than one million yuan."
(23) Delete Article 94.
(xxiv) Article 95 shall be changed to Article 93, and amended to read: "If, in violation of the provisions of Article 30 of these Regulations, the air pollution prevention and control facilities that need to be constructed as supporting facilities are not completed, and the main project is formally put into production or use, the competent administrative department of environmental protection shall order correction within a specified period of time, and impose a fine of not less than two hundred thousand yuan and not more than one million yuan; and if no correction is made within the specified period of time , a fine of not less than one million yuan and not more than two million yuan."
(25) Article 96 shall be changed to Article 94, and amended to read: "If any person violates the provisions of Article 31 of these Regulations and does not use air pollution prevention and control facilities normally, the competent administrative department of environmental protection shall order the cessation of the illegal act, make corrections within a specified period, and impose a fine of not less than five thousand yuan and not more than fifty thousand yuan."
(26) Delete Article 97.
(xxvii) Article 98 is changed to Article 95, and amended to read: "Where an air pollutant discharge outlet is not set up in accordance with the regulations in violation of the provisions of Paragraph 1 of Article 33 of these Regulations, the competent administrative department of environmental protection shall order rectification within a specified period of time, and impose a fine of not less than RMB 20,000 yuan and not more than RMB 200,000 yuan; and if it refuses to rectify the matter, it shall order the shutdown of the production and remediation.
"In violation of the provisions of the second paragraph of Article 33 of these Regulations, where air pollutants are discharged by means of evading supervision, the competent administrative department of environmental protection shall order correction or restriction of production, suspension of production and remediation, and impose a fine of not less than 100,000 yuan and not more than one million yuan; where the circumstances are serious, it shall be reported to the people's government with the power of approval for approval, and shall be ordered to cease operation or close down. "
(28) Article 99 shall be changed to Article 96, and the first paragraph shall be amended to read as follows: "Anyone who violates the provisions of the first paragraph of Article 34 of the present Regulations and fails to publish or save the monitoring data in accordance with the regulations shall be ordered by the competent administrative department of environmental protection to make corrections within a certain period of time, and shall be subject to a fine of not less than RMB 20,000 yuan and not more than RMB 200,000 yuan; and if the person refuses to make corrections, he shall be ordered to stop production for remedial purposes. "
(29) Article 100 shall be changed to Article 97, and amended to read: "If, in violation of the provisions of Article 35 of these Regulations, automatic monitoring equipment for air pollutant emissions is not installed in accordance with the regulations, or if the automatic monitoring equipment is not stably operated, or if the data are inaccurate, the competent administrative department of environmental protection shall order rectification within a certain period of time, and impose a fine of not less than RMB 20,000 yuan and not more than RMB 200,000 yuan; If it refuses to make corrections, it shall be ordered to stop production and rectify the situation."
(30) Article 101 is changed to Article 98, and "impose a fine of not less than 100,000 yuan and not more than 500,000 yuan" is amended to "impose a fine of not less than 100,000 yuan and not more than 1 million yuan".
(31) Changing Article 103 to Article 100, amending it as follows: "If, in violation of the provisions of Article 50 of these Regulations, a new facility for burning highly polluting fuels is built or expanded in a no-burning zone, or if highly polluting fuels such as coal, heavy oil or residual oil continue to be burned after the expiration of the prescribed period, the administrative department in charge of environmental protection shall confiscate the facilities and organize the dismantling of the coal-burning and heating facilities. facilities, organize the dismantling of the coal-fired heating boiler, and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan."
(32) Article 104 shall be changed to Article 101, and amended to read: "If, in violation of the provisions of Article 51 of these Regulations, a newly constructed or expanded facility for burning coal, heavy oil or residual oil, or an industrial boiler, kiln, generating set or other facility for burning coal, heavy oil or residual oil, fails to stop the combustion of high-polluting fuels in accordance with the regulations, the competent department of environmental protection administration shall confiscate the facilities burning highly polluting fuels, organize the dismantling of coal-fired heating boilers, and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan."
(33) Article 106 shall be changed to Article 103, and the first paragraph shall be amended to read as follows: "Where a person violates the provisions of the first paragraph of Article 53 of the present Regulations and sells loose coal and products that do not conform to the standards, he/she shall be ordered by the departments of quality and technology supervision and administration for industry and commerce to rectify the situation in accordance with their duties and stop selling them, and shall be subject to the confiscation of the raw materials, products and the unlawful proceeds and shall be sentenced to a fine of the amount of the goods' value of a fine of not less than one but not more than three times."
(34) Article 108 shall be changed to Article 105, and the first paragraph shall be amended to read as follows: "If, in violation of the provisions of the first paragraph of Article 56 of the present Regulations, a person fails to carry out production and service activities that generate exhaust gases containing volatile organic compounds in a confined space or equipment, or fails to install and utilize pollution prevention and control facilities in accordance with the provisions of the regulations, the competent administrative department for environmental protection shall order rectification and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan; if it refuses to make corrections, it shall order the suspension of production and remediation."
(35) Article 109 shall be changed to Article 106, and amended to read: "If, in violation of the provisions of Article 57 of these Regulations, low VOC content paint is not used in accordance with the regulations, or if relevant data and information are not recorded and preserved in accordance with the requirements, or if any falsification is made, the competent administrative department of environmental protection shall order correction and impose a fine of more than 20,000 yuan and less than 200,000 yuan; if it refuses to make correction, it shall impose a fine of more than 200,000 yuan; and it shall order suspension of production and remediation. fine; if it refuses to make corrections, it shall be ordered to stop production and remediation."
(36) Article 110 shall be changed to Article 107, and amended as follows: "If, in violation of the provisions of Article 58 of these Regulations, no measures are taken to reduce the leakage of materials or the leaked materials are not collected and handled in a timely manner, the competent administrative department for environmental protection shall order correction within a specified period of time, and impose a fine of more than RMB 20,000 yuan and less than RMB 200,000 yuan; and if the person refuses to make corrections, the person shall be ordered to stop production and rectify the situation. remediation."
(37) Changing Article 111 to Article 108 and amending it as follows: "If, in violation of the provisions of the first paragraph of Article 59 of the present Regulations, an enterprise fails to install oil smoke purification facilities, fails to use the oil smoke purification facilities properly or fails to take other oil smoke purification measures, and discharges oil smoke in excess of the emission standards, it shall be ordered by the competent administrative department for environmental protection to make corrections within a certain period of time and be imposed a penalty of A fine of not less than 5,000 yuan and not more than 50,000 yuan; if it refuses to make corrections, it shall be ordered to cease operation and rectify the situation.
"In violation of the provisions of the second paragraph of Article 59 of these Regulations, where new construction, alteration or expansion of catering services, dry cleaning, automobile repair and other projects that produce oily fumes, odors and exhaust gases are carried out in a residential building, a commercial-cum-residential complex that has not been equipped with a special flue, or a commercial floor in a commercial-cum-residential complex that is adjacent to a residential floor, the comprehensive law enforcement department of the urban management department shall order corrections to be made; those that refuse to make corrections shall be shut down and ordered to cease operation and rectify the situation. to make corrections, it shall be closed and a fine of not less than 10,000 yuan and not more than 100,000 yuan shall be imposed."
(38) Changing Article 112 to Article 109, and amending it to read: "If, in violation of the provisions of Article 60 of these Regulations, a purification device is not installed or other measures are not taken to prevent the pollution of the surrounding environment, the competent administrative department of environmental protection shall order rectification by a specified period of time, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan; and, if it refuses to rectify the situation, it shall order the suspension of work for remediation or the shut down for remediation."
(39) Article 113 was changed to Article 110, amended to read: "In violation of the provisions of the first paragraph of Article 61 of these Regulations, open burning of straw, leaves, withered grass, the comprehensive law enforcement department of the urban management shall order correction, and may impose a fine of more than 500 yuan to less than 2,000 yuan; open burning of garbage, electronic waste, linoleum, rubber, plastics, Leather, asphalt, the comprehensive urban management and law enforcement departments shall order correction and impose a fine of 10,000 yuan or more than 100,000 yuan for the unit, and a fine of 500 yuan or more than 2,000 yuan for the individual.
"Anyone who violates the provisions of the second paragraph of Article 61 of these Regulations by barbecuing food in the open air within the prohibited area designated by the government or providing a site for barbecuing food in the open air shall be ordered by the comprehensive law enforcement department of urban management to make corrections, confiscate barbecuing tools and the illegal proceeds, and be imposed a fine of not less than five hundred yuan and not more than twenty thousand yuan."
(40) Article 114 is changed to Article 111, and amended to read: "Anyone who violates the provisions of paragraph 2 of Article 64 of these Regulations and sells motor vehicles and non-road mobile machinery that have not been included in the catalog of the city shall be ordered by the competent department for environmental protection administration of the city to stop the illegal act, confiscate the illegal proceeds, and be subject to a fine of not more than double the amount of the value of the goods.
"In violation of the provisions of the third paragraph of Article 64 of these Regulations, the sale of motor vehicles and non-road mobile machinery that do not comply with the standards set by the State or the City, the municipal administration for industry and commerce shall order the cessation of the illegal act, confiscate the illegal income and impose a fine of not less than double and not more than triple the amount of the value of the goods, and confiscate and destroy the motor vehicles and non-road mobile machinery that are not able to meet the standards for pollutant emissions; the motor vehicles sold, the non-road mobile machinery sold, and the non-road mobile machinery sold are not able to meet the standards for pollutant emissions. road mobile machinery; where the motor vehicles and non-road mobile machinery sold do not meet the stated emission standards, the seller shall be responsible for repairing, replacing, or returning them; where losses are caused to the purchaser, the seller shall compensate for the losses."
(41) Article 115 shall be changed to Article 112, and a paragraph shall be added as the second paragraph: "Where a motor vehicle driver drives a motor vehicle that fails the emission test on the road, the traffic management department of the public security organ shall be punished according to law."
(42) Article 116 shall be changed to Article 113, and amended as follows: "In violation of the provisions of paragraph 1 of Article 68 of these Regulations, where an inspection agency fails to conduct tests in accordance with the provisions, the competent administrative department of environmental protection shall order the cessation of the illegal act, make corrections within a specified period, and impose a fine of not less than 5,000 yuan and not more than 50,000 yuan; if the circumstances are serious, the department responsible for accreditation shall cancel its inspection qualifications. of the department to cancel its testing qualifications."
(43) Article 122 was changed to Article 119, and amended to read: "In case of violation of the provisions of Paragraph 1 of Article 81 of these Regulations, the comprehensive law enforcement department of urban management shall order rectification within a specified period of time, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan; and in case of refusal to make rectification, it shall order the stoppage of work for remediation."
(44) Article 123 shall be changed to Article 120, and amended as follows: "In case of violation of the provisions of Article 82 of these Regulations, the comprehensive law-enforcement department of urban management shall order rectification within a certain period of time, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan; among them, for the industrial enterprises, the competent department of environmental protection administration shall order rectification, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan ; If they refuse to make corrections, they shall be ordered to stop work for remediation or shut down for remediation."
(45) Article 124 shall be changed to Article 121, and amended to read: "In case of violation of the provisions of Article 83 of these Regulations, the comprehensive law-enforcement department of urban management shall order correction and impose a fine of not less than 2,000 yuan and not more than 20,000 yuan; and in case of refusal to correct, the vehicle shall not be allowed to travel on the road."
(46) Article 125 shall be changed to Article 122, and amended to read: "In case of violation of the provisions of Article 84 of these Regulations, the comprehensive law enforcement department of urban management shall order rectification within a certain period of time, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan; in case of refusal to rectify the situation, it shall be ordered to stop the work to rectify the situation or to stop the business to rectify the situation."
(47) Article 126 shall be changed to Article 123, and amended to read: "If, in violation of the provisions of Article 87 of these Regulations, no measures are taken to prevent and control dust pollution in the process of mining mineral resources, the competent administrative department of environmental protection shall order rectification within a certain period of time, and impose a fine of 10,000 yuan or more than 100,000 yuan or less; and if the person refuses to rectify the matter, he/she shall be ordered to stop work and rectify the situation or to shut down for remediation."
(48) Delete Article 128.
(49) To amend "units" in Articles 27, 28, 29, 35, 36, 37 and 61 to "enterprises, institutions and other production operators"; to amend "units" in Article 102 to "enterprises, institutions and other production operators"; to amend "units" in Article 102 to "enterprises, institutions and other production operators"; to amend "units" in Article 102 to "enterprises, institutions and other production operators"; and to delete "units" in Article 102 to "enterprises, institutions and other production operators". Article 102 of the "trial production" amended to "production".