The full text of the 2018 Jiangsu Provincial Regulations on Prevention and Control of Air Pollution
Chapter I General Provisions
Article 1 In order to prevent and control atmospheric pollution, to protect and improve the atmospheric environment, to safeguard public health, to promote the construction of ecological civilization and to Promote sustainable economic and social development, according to "Jiangsu Provincial Regulations on Prevention and Control of Air Pollution" and other laws and regulations, combined with the actual situation in the city, the formulation of these measures.
Article II of this approach applies to the administrative area of the city of air pollution prevention and control and its supervision and management activities.
Article III of the city, county-level cities, district people's governments are responsible for the quality of the atmospheric environment in the administrative area, to ensure financial investment, strengthen the construction of environmental law enforcement teams, the implementation of air pollution grid management and other prevention and control measures, so that the quality of the atmospheric environment to meet the standards set by the state and the province.
Municipal, county-level cities, district people's governments to establish and improve the prevention and control of air pollution joint meeting system, clear prevention and control of air pollution sector responsibilities, coordination and handling of air pollution prevention and control and its supervision and management of major issues in the activities.
The township people's government, street offices should be in accordance with the requirements of the county-level city, district people's government to do a good job in the prevention and control of air pollution.
Article IV of the city, county-level cities and districts, the administrative department of environmental protection of the administrative region of the prevention and control of air pollution to implement unified supervision and management.
Development and reform, economic and information technology, public security, transportation, housing and urban-rural construction, urban management, commerce, agriculture and other departments, within their respective areas of responsibility for the prevention and control of air pollution supervision and management.
Article V enterprises, institutions and other producers and operators shall take effective measures to prevent and reduce air pollution, and bear responsibility for the damage caused by law.
Citizens should enhance the awareness of atmospheric environmental protection, low-carbon, thrifty lifestyle, and fulfill the obligations of atmospheric environmental protection according to law.
Article 6 encourages units and individuals to carry out public welfare activities for atmospheric environmental protection, and guide social organizations and volunteers to participate in atmospheric environmental protection in accordance with the law and in an orderly manner.
Encourage and support social capital to enter the field of air pollution prevention and control, and guide financial institutions to increase credit support for air pollution prevention and control projects.
Article 7 of the people's governments at all levels shall strengthen the publicity and popularization of atmospheric environmental protection.
The administrative departments of education, schools shall incorporate knowledge of atmospheric environmental protection into the content of school education, and cultivate students' awareness of atmospheric environmental protection.
The news media shall, in accordance with the law to carry out publicity and education on atmospheric environmental protection, reporting on atmospheric environmental protection, public opinion supervision of illegal acts.
Chapter II Supervision and Management
Article VIII of the city, county-level people's government to prepare the city master plan should be based on economic and social development requirements, combined with natural geography, meteorological conditions, and reasonably determine the layout of industrial structure, urban functional zoning, the formation of urban spatial pattern conducive to the diffusion of air pollutants.
Article IX of the municipal people's government shall, according to the national action plan for the prevention and control of air pollution, the provincial action plan for the prevention and control of air pollution, the development of municipal air pollution prevention and control of the implementation of the rules.
Municipal, county-level cities, districts, the administrative department of environmental protection shall, in conjunction with the development and reform, economic and information technology departments, according to the municipal air pollution prevention and control of the implementation of the rules, the preparation of air pollution prevention and control of the annual implementation of the plan, approved by the people's government of the same level and then implemented.
The people's government of the city, county-level cities and districts shall report annually to the people's congress at the same level or its standing committee on the state of the quality of the atmospheric environment and the fulfillment of the objectives for the prevention and control of air pollution.
Article 10 of the implementation of key air pollutant emissions control and air pollutant emissions concentration control management system, from the source to the end of the whole process of controlling and reducing air pollutant emissions, and gradually reduce the total amount of key air pollutant emissions.
The concentration of air pollutants emitted by the emissions unit shall not exceed the national and provincial emission standards, the emission of key air pollutants shall not exceed the approved total control targets.
Article 11 of the administrative department of environmental protection in accordance with the requirements of the administrative region of the total emission control targets of key air pollutants, the development of annual total emission reduction plan, reported to the people's government at the same level approved.
For areas exceeding the annual total key air pollutant emissions control targets, the administrative department of environmental protection shall suspend the approval of the total amount of new key air pollutant emissions in the region of the environmental impact assessment of construction projects, the project approval department shall not be approved for the construction, the construction unit shall not start construction.
Article 12 of the new construction, alteration, expansion of key air pollutants emitted by the construction project, the construction unit should be in the approval of the environmental impact assessment documents, in accordance with the provisions of the administrative department for environmental protection to apply for key air pollutant emission control targets.
New construction, alteration and expansion of construction projects of new key air pollutants emissions in accordance with the provisions of the implementation of the reduction of the amount of times the replacement.
The preceding paragraph referred to as times the amount of substitution, refers to the technical reform, rectification, closure of the project and other measures to reduce the emissions of key air pollutants to offset the new construction, alteration, expansion project new emissions of key air pollutants, and the amount of cuts must be achieved by a certain amount of new increase in the multiplier.
Article 13 of the city in accordance with the relevant provisions of the establishment and improvement of key air pollutants emission rights paid use and trading system.
Municipal, county-level cities, district people's governments in accordance with the principle of total reduction in favor of sulfur dioxide, nitrogen oxides and other key air pollutants emissions trading rights. New construction, alteration, expansion of construction projects of the new key air pollutants emissions of the total amount of indicators of the shortfall, in accordance with the relevant provisions of the emissions trading can be obtained.
Municipal, county-level cities, district people's governments to gradually establish a sewage rights reserve system, take the quota transfer, public auction and other ways to transfer sewage rights, improve the sewage rights trading market.
Article 14 of the sewage unit shall be in accordance with the relevant provisions of the state and provincial sewage declaration and registration and payment of sewage charges.
Sewage disposal units to pay sewage charges, does not exempt its prevention and control of pollution, compensation for pollution damage and other responsibilities under the laws, regulations and these measures; paid for the right to obtain sewage disposal units are not exempt from the responsibility to pay sewage charges.
Article 15 of the sewage unit to bear the main responsibility for pollution control, the unit responsible for the prevention and control of air pollution.
Sewage disposal units should maintain the normal operation of air pollution control facilities. Air pollution prevention and control facilities due to maintenance, failure and other reasons can not operate normally, the emissions unit shall take production restrictions, production and other measures to ensure that its air pollutant emissions meet the required standards.
Encourage emissions units entrusted to a third-party organization to operate its air pollution prevention and control facilities or implementation of pollution control.
Article 16 of the key emissions units should be in accordance with relevant state regulations and monitoring specifications for the installation and use of automatic monitoring of air pollutant emissions, monitoring and other equipment; monitoring, monitoring and other equipment should be networked with the monitoring system of the competent administrative department of environmental protection and to ensure the normal operation and data transmission.
The effectiveness of the administrative department of environmental protection review of online monitoring data can be used as a basis for administrative law enforcement and management.
Article 17 of the municipal, county-level cities, district people's governments shall strengthen the monitoring of air pollution prevention and control, early warning capacity building, and coordinate with relevant departments to do a good job of monitoring station site selection.
Monitoring station construction, operation, maintenance and other costs, in addition to the national and provincial funds, the shortfall is guaranteed by the financial.
The administrative department of environmental protection shall gradually implement the third-party management of automatic monitoring facilities for atmospheric environmental quality.
Article 18 of the administrative department of environmental protection shall, through the website or other ways to facilitate public awareness, to the community real-time release of information on the quality of the air environment in the administrative region.
Article 19 of the administrative department of environmental protection shall, in conjunction with the meteorological and other relevant departments to establish a heavy pollution weather warning and consultation mechanism for atmospheric environmental quality forecasting and monitoring.
Municipal, county-level cities, district people's governments shall incorporate the response to heavy polluted weather into the emergency response system, develop and improve the heavy polluted weather, air pollution emergencies, major events contingency plans, and publicize them to the community.
Municipal, county-level cities, district people's governments and relevant departments should be in accordance with the requirements of the emergency plan to take emergency response measures, the relevant units and individuals should cooperate.
Article 20 of the municipal, county-level cities, district people's governments shall focus on the total emissions of air pollutants control targets and the completion of the goal of improving the quality of the air environment, into the people's government at this level has the responsibility for the supervision and management of air environment protection departments and their responsible persons and people's governments at the lower level of the assessment of the people's government and their responsible persons, as an important basis for their assessment and evaluation, and to the community to publicize the results of the assessment.
For more than the total emissions of key air pollutants control targets or failure to complete the improvement of atmospheric environmental quality objectives of the region, by the municipal environmental protection administrative department in conjunction with the supervision of the relevant departments of the local people's government to interview the person in charge.
Chapter III Air Pollution Prevention and Control Measures
Section I Prevention and Control of Air Pollution from Energy Consumption
Article 21 of the Development and Reform, Economy and Informatization, Environmental Protection, Quality and Technical Supervision, Industry and Commerce Administration, and other departments in accordance with their respective responsibilities for the implementation of supervision and management of the prevention and control of air pollution from energy consumption.
Article 22 of the development and reform departments shall, in conjunction with the economy and information technology departments to develop energy development planning, improve energy structure, rational control of coal consumption. The development of total coal consumption control and target responsibility management implementation plan, the total coal consumption control target decomposition to the county-level cities, districts and key industries, to achieve negative growth in total coal combustion.
New construction, alteration, expansion of coal-fired projects in the environmental impact assessment, should meet the requirements of the total reduction of coal consumption in the region, the implementation of consumption reduction alternative.
Article 23 of the city, county-level municipal development and reform departments shall, in conjunction with the economy and information technology and other relevant departments to prepare regional cogeneration planning, reported to the people's government at the same level for approval and implementation.
Encourage support for large-scale power plants, thermal power plants centralized heat supply technology transformation and construction of heating pipe network, to replace the heat supply range of small cogeneration and heating boilers.
Centralized heating network does not cover the area of the original boiler can not steadily meet the emission standards, should be highly efficient desulfurization, denitrification and dust removal transformation or switch to natural gas, liquefied petroleum gas, electricity and other clean energy.
Article 24 of the administrative department of environmental protection shall prepare the administrative region burning coal, heavy oil, residual oil and other highly polluting fuels such as boiler remediation annual plan, reported to the people's government at the same level for approval and implementation.
Article 25 of the economy and information technology departments shall, in conjunction with environmental protection departments to prepare the administrative region of coal-fired industrial kilns remediation plan, reported to the people's government at the same level for approval and implementation.
Included in the remediation plan of coal-fired industrial kilns should be discontinued within the specified period, or switch to natural gas, liquefied petroleum gas, electricity and other clean energy.
The second section of industrial air pollution prevention and control
Article 26 of the Environmental Protection, Development and Reform, Economy and Information Technology, Quality and Technical Supervision, Commerce, Transportation and other departments in accordance with their respective responsibilities for the prevention and control of industrial air pollution supervision and management.
Article 27 of the economy and information technology departments shall, in conjunction with the development and reform of other departments in accordance with the national policy on the elimination of backward production capacity, the implementation of backward production capacity elimination plan, in the printing and dyeing, chemical, cement, paper, lead storage batteries, and other industries, out of backward products, technologies, processes and equipment that seriously pollute the air environment.
Municipal, county-level cities, district people's governments should improve the exit mechanism of excess capacity, support and encourage the exit of overcapacity industry or transformation and development.
Article 28 of the following production and business activities that generate volatile organic compounds exhaust, should be carried out in a closed space or equipment, and set up exhaust collection and treatment systems and other pollution prevention and control facilities, and maintain their normal use:
(a) petroleum refining and petrochemicals, coal processing and conversion of volatile organic compounds-containing raw materials production;
(b) fuel oil, Solvent storage, transportation and sales;
(C) paints, inks, adhesives, pesticides and other volatile organic compounds as raw materials production;
(D) painting, printing, bonding, industrial cleaning and other volatile organic compounds containing the use of the product;
(E) other volatile organic compounds generated by the production of exhaust emissions.
Can not be carried out in the confined space of the production and business activities, should take effective measures to reduce volatile organic compounds emissions.
Article 29 of the petrochemical industry, as well as the production, use and storage of volatile organic solvents in the opening and closing of the maintenance, overhaul process, in accordance with the provisions of the competent administrative department of environmental protection, the production of the system of shutdown, emptying, cleaning and other parts of the implementation of the volatile organic compounds emission control to guard against pipeline emissions and fugitive emissions.
Article 30 of the industrial painting and other key industries should be used in low VOC content of the paint, and the establishment of accounts, records of production of raw materials, auxiliary materials, the amount of use, waste, destination and VOC content, in accordance with the requirements of the record of the production facilities as well as pollution control equipment, the main technical parameters. The relevant accounts shall be kept for a period of not less than three years.
Article 31 of the municipal and county-level people's governments should be based on the amount of waste generated in the administrative region, the rational planning of waste incineration facilities layout, improve waste disposal capacity.
Waste incineration enterprises should be soot, sulfur oxides, nitrogen oxides, hydrogen chloride and other pollution factors and incineration facilities to implement online monitoring and networking with the administrative department of environmental protection.
Waste incineration enterprises should be set up at the main entrance and exit display screen, published furnace temperature, flue gas residence time, flue gas exit temperature, carbon monoxide concentration and other data, subject to public scrutiny.
Article 32 of the fire (heat) power, iron and steel, cement, building materials, petrochemicals, non-ferrous metal smelting, chemical and other key industries, enterprises, should be in accordance with the relevant provisions of the state and the province to take cleaner production and technological transformation and other measures to control the emission of air pollutants and in accordance with the requirements of the competent administrative department of environmental protection to carry out a mandatory cleaner production audit.
Encourage other emission units to carry out voluntary cleaner production audits.
The third section of the motorized boat air pollution prevention and control
Article 33 of the public security, transportation, environmental protection, agriculture, water conservancy, commerce, quality and technical supervision and other departments in accordance with their respective responsibilities, the motorized boat air pollution prevention and management.
Article 34 of the city, county-level cities, district people's governments shall give priority to the development of public **** transportation, promote green travel, guide and encourage consumers to buy and use new energy or clean energy motor vehicles.
State organs, institutions, state-owned enterprises and public **** transportation, sanitation and other industries should promote the use of new energy or clean energy motor vehicles.
Article 35 of the public security organs of the traffic management department shall, in conjunction with the administrative department of environmental protection to determine the ban on high-emission vehicles, restrictions on the program, reported to the people's government at the same level for approval after the implementation of the timely expansion of the ban, restrictions on the area and time.
Municipal and county-level people's governments should eliminate high-emission motor vehicles used for public **** services. Encourage motor vehicle owners to voluntarily scrap high-emission vehicles in advance, early scrapping of high-emission vehicles, their owners can be subsidized in accordance with the provisions.
Article 36 prohibits gas stations from selling or providing automotive gasoline and diesel fuel that does not meet the standards.
The business sector should promote the construction of automotive urea supply system for diesel vehicles, gas stations should cooperate.
Article 37 of the motor vehicle by the maintenance, adjustment or control technology still does not meet the emission standards, or in the expiration of the environmental protection test three consecutive motor vehicle environmental inspection cycle did not obtain the environmental labeling, should be in accordance with the national mandatory retirement of motor vehicles to be scrapped.
Article 38 of the motor vehicle maintenance operators should strengthen the motor vehicle maintenance pollution control, the use of green maintenance technology, the use of energy-saving environmentally friendly paint booths, equipped with paint spray purification devices and harmful volatiles purification devices.
Article 39 of the new dock should be supporting the construction of shore-based power supply facilities, has been built in accordance with the requirements of the city and county-level municipal people's government to implement the shore-based power supply facilities; ships should be the first to use the shore-based power supply in port.
Article 40 of the transportation, agriculture, water conservancy, public security and other departments found in the ship's air pollutant emissions in excess of the required standards, shall order a limited period of time for maintenance, after reviewing the standard before use.
Section IV dust pollution prevention and control
Article 41 housing and urban-rural construction, municipal landscaping, environmental protection, public security, transportation, water conservancy, land resources, urban management and other departments in accordance with their respective responsibilities to implement supervision and management of dust pollution prevention and control.
Article 42 The construction unit shall assume the responsibility for pollution prevention and control of construction dust, dust pollution prevention and control costs included in the project cost, and pay the required dust sewage charges.
Article 43 The construction unit shall prepare construction dust pollution prevention and control programs, and reported to the engineering department where the project for the record.
In line with the conditions of the construction project, the construction unit shall install dust monitoring facilities, and networking with the regulatory authorities.
Construction sites should be set up in accordance with the provisions of the hard closed enclosure, mesh safety nets and other dust pollution prevention and control facilities; conditions, the implementation of fully enclosed construction.
After the completion of the demolition project can not be started within seven days of the construction site, the construction unit shall cover the bare ground; more than three months, it should be green, paved or covered; construction unit is not clear, by the land use rights of the person responsible for.
Article 44 of the construction site should be set at the entrance to the construction of vehicle washing facilities, and set up water-blocking ditches, vehicle washing pads and sewage settling ponds. Construction vehicles without removing mud, washing shall not be on the road.
Transportation of bulk coal, garbage, slag, sand, gravel, earth and mortar and other fluid materials such as vehicles, ships should be taken to seal or other measures to prevent material spills, and according to the specified route.
Article 45 of the stacking of dust-prone material yards, port terminals, concrete mixing plants, ready-mixed mortar manufacturers and open warehouses and other places should be taken to harden the ground, fencing, covering, sealing and other measures to prevent dust pollution.
Material transportation, loading and unloading processes should be taken closed, vacuum, spraying and other ways to control dust emissions.
Article 46 of the city roads, squares, parking lots and other public **** place cleaning, should promote clean power mechanized sweeping and other low-dust operation. The use of manual means of cleaning, should be consistent with the city's environmental sanitation operation service specification.
Section V other air pollution prevention and control
Article 47 of the environmental protection, urban management, industry and commerce administration, agriculture and other departments in accordance with their respective responsibilities, the prevention and control of other air pollution supervision and management.
Article 48 food service operators should use clean energy as fuel. Emission of fumes . Catering service operators shall install oil smoke purification devices and regular cleaning and maintenance, to maintain normal use. Prohibit the oil smoke directly into the sewer. Business area of more than five hundred square meters of catering enterprises, should be installed online monitoring facilities for oil smoke, and gradually realize the local administrative department of environmental protection and networking.
Article 49 No unit or individual shall not barbecue food in the city on both sides of the main and secondary roads, residential areas and other municipal, county-level cities, district people's governments prohibit the area or provide venues and facilities for open-air barbecue food.
Article 50 of the city, county-level cities, district people's governments shall formulate the comprehensive utilization of straw financial, investment, price and other policies to promote the mechanization of straw to return to the field, and to establish and improve the collection, storage, transportation and comprehensive utilization of straw service system.
Prohibit open burning of straw.
Article 51 of the city, county-level cities, districts and agricultural departments should promote the use of low-pollution pesticides and other products to reduce the use of volatile organic emissions; encourage the application of slow-release, organic-inorganic compound and other new varieties of fertilizers to reduce the emissions of gaseous ammonia.
Article 52 The administrative department of environmental protection shall, in conjunction with the relevant departments, according to the state to determine and publish the categories and lists, to restrict or prohibit the new construction, alteration, expansion of the production and use of ozone-depleting substances in construction projects.
Chapter IV Legal Liability
Article 53 violates the provisions of Article 25, paragraph 2 of the Measures, included in the remediation plan of coal-fired industrial kilns are not discontinued within the specified period, or not switched to natural gas, liquefied petroleum gas, electricity and other clean energy sources, by the Department of Economy and Information Technology ordered to make corrections, impose a fine of more than 20,000 yuan to 100,000 yuan; refused to make corrections, reported to the people's government with the right to approve the approval, ordered to shut down the business. The approval of the people's government, ordered to suspend business, closed.
Article 54 violation of the provisions of Article 29 of this approach, petrochemical and production, use and storage of volatile organic solvents in the production of enterprises in the opening and closing of maintenance, overhaul process, not in accordance with the provisions of the production plant system shutdown, emptying, cleaning and other aspects of the implementation of volatile organic emissions control, by the competent administrative department of environmental protection ordered to rectify the penalty of more than 20,000 yuan 100,000 yuan; causing serious consequences, the penalty of more than 100,000 yuan. Serious consequences, a fine of 100,000 yuan or more than 200,000 yuan.
Article 55 violation of the provisions of Article 31, paragraph 2, waste incineration enterprises did not smoke, sulfur oxides, nitrogen oxides, hydrogen chloride and other pollutants and incineration facilities, such as online monitoring, or not with the administrative department of environmental protection of the monitoring equipment network, the administrative department of environmental protection ordered to make corrections, and impose a fine of more than 20,000 yuan 200,000 yuan.
Article 56 violation of the provisions of Article 31, paragraph 3, waste incineration enterprises are not set up at the main entrance and exit display screen, published furnace temperature, flue gas residence time, flue gas exit temperature, carbon monoxide concentration and other data, to accept the public supervision, by the administrative department of environmental protection ordered to make corrections, impose a fine of 20,000 yuan of less than 100,000 yuan.
Article 57 violation of the provisions of Article 43, paragraph 3, construction sites are not set in accordance with the provisions of the hard closed enclosure, mesh safety nets and other dust pollution prevention and control facilities, by the housing and urban-rural construction management department ordered to make corrections within a period of time, and can be imposed a fine of 10,000 yuan or more than 100,000 yuan; overdue corrections, ordered to stop work and rectify.
Article 58 in violation of the provisions of Article 48 of these Measures, the emission of fumes of food service operators will be directly discharged into the sewerage fumes, by the urban management department ordered to make corrections; refused to make corrections, ordered to suspend business rectification, impose a fine of more than 5,000 yuan 30,000 yuan.
Article 59 in violation of the provisions of Article 49 of these measures, in the city on both sides of the main and secondary roads, residential areas and other municipal, county-level cities, districts, people's governments prohibit the area of open-air barbecue of food or open-air barbecue food to provide venues, facilities, by the urban management department ordered to make corrections, and impose a fine of more than five hundred yuan to less than two thousand yuan.
Article 60 in accordance with the provisions of this approach to exercise the right to supervise and manage the prevention and control of air pollution and its staff, in the performance of their duties in the process of abuse of power, dereliction of duty, favoritism and malpractice, on the directly responsible for the competent person and the directly responsible personnel, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter V Supplementary Provisions
Article 61 of these measures shall come into force on January 1, 2012.