Regulations of Ningxia Hui Autonomous Region on the Prevention and Control of Air Pollution

　　Regulations of Ningxia Hui Autonomous Region on the Prevention and Control of Air Pollution

　　(Adopted at the 33rd Meeting of the Standing Committee of the 11th People's Congress of Ningxia Hui Autonomous Region on September 28, 2017)

　　**条 In order to protect and improve the environment, prevent and control air pollution, safeguard public health, promote ecological civilization construction and promote sustainable economic and social development, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Air Pollution and other laws and administrative regulations and in light of the actual conditions of the Autonomous Region。

　　Article 2 These Regulations shall apply to the prevention and control of air pollution and its supervision and administration within the administrative areas of autonomous regions。

　　Article 3 In the prevention and control of atmospheric pollution, the aim shall be to improve the quality of the atmospheric environment, adhere to the source control, put planning first, transform the mode of economic development, optimize the industrial structure and distribution, and adjust the energy structure。

　　People's governments at various levels shall be responsible for the quality of the atmospheric environment in their respective administrative areas and adopt measures to control or gradually reduce the discharge of atmospheric pollutants and improve the quality of the atmospheric environment。

　　Article 4 People's governments at or above the county level shall incorporate the prevention and control of air pollution into their national economic and social development plans and increase their financial input for the prevention and control of air pollution。

　　Article 5 The people's government of the autonomous region shall assess the targets for improving the quality of the atmospheric environment and the completion of key tasks for the prevention and control of atmospheric pollution in the cities and counties (cities and districts) divided into districts。The assessment results shall be made public。

　　Article 6 The competent departments for environmental protection of the people's governments at or above the county level shall exercise unified supervision and administration over the prevention and control of atmospheric pollution。

　　The relevant departments in charge of development and reform, economy and information technology, housing and urban-rural construction, transportation, public security, agriculture and animal husbandry, quality supervision, industry and commerce administration shall, within the scope of their respective duties, exercise supervision and administration over the prevention and control of air pollution。

　　Article 7 Enterprises, public institutions and other producers and business operators shall take effective measures to control and reduce the discharge of atmospheric pollutants;Those who discharge pollutants shall bear the main responsibility for the control of pollutants。

　　Chapter II Coal burning and Prevention of Industrial pollution

　　Article 8 The autonomous Region shall exercise total coal consumption control and gradually reduce the proportion of coal in primary energy consumption。

　　The people's government of a city divided into districts shall, in accordance with the total coal consumption control plan and implementation procedures formulated by the people's government of the autonomous region, formulate a total coal consumption control plan at the corresponding level and organize its implementation。

　　Article 9 In the construction, reconstruction or expansion of coal projects in the key areas for the prevention and control of air pollution of autonomous regions, the equivalent or reduced amount of coal shall be replaced。

　　In areas that do not meet air quality standards, the total amount of air pollutants discharged by new projects will be replaced by double reduction.Areas that have reached the standards for the quality of the atmospheric environment shall strictly control the amount of air pollutants discharged by new projects that discharge air pollutants。

　　For major construction projects that may have an impact on the atmospheric environment, the people's government or relevant departments shall, through demonstration meetings, hearings and other means, listen to the opinions of the public in advance。The results of the demonstration and hearing shall be used as an important basis for the examination and approval of environmental impact assessment documents。

　　Article 10 The competent department of quality supervision and environmental protection of the people's government of the autonomous region shall, in accordance with the relevant provisions of the State, formulate local compulsory standards for the quality of civilian bulk coal。

　　People's governments at all levels shall strengthen the administration of civilian loose coal, and strengthen the administration of civilian loose coal use in key areas such as urban villages and urban and rural areas。It is prohibited to sell coal that does not meet the local compulsory standards for the quality of civilian bulk coal。

　　Article 11 In the areas covered by the central heating network, the people's government shall formulate plans for central heating and gradually phase out decentralized coal-fired heating boilers。

　　In areas not covered by the central heating network, the use of energy-saving and environmentally friendly boilers should be promoted or the removal of dust, desulfurization and denitrification of boilers should be reformed, or the use of new energy and clean energy for heating。

　　Article 12 People's governments at or above the county level shall reasonably plan the layout of industrial parks and determine the structure of key industries and energy sources in accordance with the requirements of the carrying capacity of the atmospheric environment in their respective administrative areas, the requirements of the total control targets for the discharge of major atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by pollutant discharging units。

　　Article 13 People's governments at or above the county level shall eliminate excess production capacity and reduce air pollution。

　　The competent department of environmental protection shall timely publish the list of enterprises that fail to meet the emission standards of atmospheric pollutants, implement listed supervision and rectification within a time limit。

　　Article 14 Enterprises in iron and steel, building materials, petroleum and chemical industries, as well as coal-fired power plants and other coal-fired units shall adopt cleaner production processes, build auxiliary installations for dust removal, desulfurization and denitrification, or adopt technological transformation and other measures to control the discharge of air pollutants, and the pollutants discharged shall meet the discharge standards set by the State or local governments。

　　The competent department of environmental protection of the people's government of the Autonomous region shall, in conjunction with the quality and technical supervision department, formulate local standards for the discharge of fetid pollutants that are stricter than the national standards on the basis of the quality of the atmospheric environment。

　　Article 15 Where raw materials and products containing volatile organic compounds are produced, imported, sold or used, the content of volatile organic compounds shall meet the quality standards or requirements。

　　For the following activities that produce waste gas containing volatile organic compounds, raw materials and processes with low volatile organic compounds content shall be used, and pollution prevention and control facilities shall be installed and used in confined Spaces or equipment in accordance with regulations;If it cannot be sealed, measures shall be taken to reduce exhaust emissions:

　　(A) petrochemical, coal chemical and other raw materials containing volatile organic matter production;

　　(2) Storage, transportation and sale of fuel oil and solvents;

　　(C) coatings, inks, adhesives, pesticides and other volatile organic compounds as raw materials production;

　　(4) coating, printing, bonding, industrial cleaning and other products containing volatile organic compounds;

　　(5) Biological fermentation and other production and service activities that produce volatile organic compounds。

　　Chapter III Prevention and control of motor vehicle pollution

　　Article 16 The competent environmental protection department of the autonomous region people's government shall establish a unified vehicle emission management information platform, establish an information data interconnection mechanism in conjunction with the traffic management department of the public security organ, and realize information data sharing in accordance with relevant provisions。

　　Motor vehicles in use shall meet the national standards for the discharge of pollutants from motor vehicles. Without passing the inspection, the traffic administrative department of the public security organ shall not issue a safety technical inspection qualification mark。

　　If a motor vehicle in use discharges pollutants in excess of the standard, it shall be repaired;After maintenance or the use of pollution control technology, the discharge of pollutants still does not meet the national motor vehicle emission standards, shall be forced to scrap。

　　Encourage and support early scrapping of high-emission vehicles。

　　Article 17 The competent department of environmental protection shall, in conjunction with the relevant departments of transportation, housing and urban and rural construction, agriculture and animal husbandry administration, and water administration, strengthen the supervision and inspection of the discharge of pollutants from construction machinery, agricultural machinery, small general machinery and other non-road mobile machinery, and shall not be used if the discharge is unqualified。

　　Article 18 People's governments at or above the county level may, in light of the quality of the atmospheric environment, delimit the time periods and areas for restricting or prohibiting the passage of high-emission non-road mobile machinery。

　　Article 19 People's governments at or above the county level shall optimize urban functions and layout, give priority to the development of public transport, promote new-energy vehicles and shared means of transport, strengthen the construction of urban pedestrian and bicycle transport systems, and encourage, support and guide the public to travel environmentally friendly and low-carbon。

　　Article 20 The production and sale of fuel oil and additives that do not meet environmental protection standards is prohibited。

　　The competent environmental protection departments of the people's governments of cities and counties divided into districts shall supervise and administer the installation and use of oil and gas recovery devices at gas stations。

　　Qualified gas stations shall install oil and gas recovery online monitoring equipment。

　　Chapter IV Dust pollution prevention

　　Article 21 Construction units engaged in house construction, municipal infrastructure construction, water conservancy projects, road construction, construction (structure) demolition, etc., shall file a record with the competent department responsible for supervision and administration of dust pollution prevention and control。

　　The construction unit mentioned in the preceding paragraph shall abide by the following provisions:

　　(A) before the start of construction, set a hard closed enclosure around the construction site and maintain it;For construction land that has not yet been started, the bare ground shall be covered;Where the construction period exceeds three months, dust prevention measures such as greening, paving or covering shall be taken;

　　(b) at the entrance and exit of the construction site to publicize the construction site person in charge, environmental protection supervisors, dust pollution prevention and control measures, reporting telephone, dust supervision and management departments and other information;

　　(3) At the exit of the construction site, vehicle flushing facilities and supporting drainage and mud precipitation facilities shall be set up, construction vehicles shall not carry mud on the road, and construction waste and soil shall not be stored on the road of the construction site and the road around the exit;

　　(4) hardening, sprinkling, paving dust filter and other treatment measures shall be taken at entrances and exits of the construction site, roads and processing areas within the construction area;

　　(5) In the construction site of piling cement, lime soil, sand and other materials prone to dust pollution, as well as construction waste, construction residue and construction earthwork stored on the site shall be covered, sealed or other dust suppression measures;

　　(6) In the event of heavy pollution weather conditions or strong winds above grade 5, the construction unit shall stop earthwork, demolition works and other construction activities that may cause dust pollution。

　　In the construction sites of earthwork in urban built-up areas, the competent departments of environmental protection shall install online monitoring and video surveillance facilities according to the needs of air pollution prevention and control。

　　22nd refuse transfer stations, transfer stations, landfill sites and construction waste disposal sites shall take enclosure, cover, spray, road hardening or other dust suppression measures, set up vehicle cleaning facilities。

　　Article 23 Vehicles transporting bulk and fluid materials such as coal, garbage, muck, sand and gravel, earthwork and mortar shall be closed, covered, etc. in accordance with the prescribed routes and time periods, and shall not scatter or leak materials。

　　Article 24 The producers and operators of open-pit industrial storage sites such as coal mines and non-coal mines that are prone to dust pollution shall set up standardized dust suppression facilities such as wind and dust suppression nets and water sprinklers, and take measures to prevent and control dust pollution on roads entering and leaving the mine (site) area。

　　The producers and operators of coal, limestone, ash and slag storage yards in urban built-up areas shall take measures to prevent and control dust pollution such as covering and sealing。

　　25th city appearance and environmental health departments shall promote mechanized cleaning and cleaning operations, reasonable arrangement of working time, timely increase the frequency of operation, reduce road dust。

　　Article 26 The competent departments of urban appearance, environmental sanitation, water conservancy, forestry, land and resources of the people's governments at or above the county level shall, in accordance with the planning, organize the implementation of greening or permeable paving of urban public land, municipal river courses, along river courses and the bare ground of unused state-owned land。

　　Article 27 The competent department of environmental protection and agriculture and animal husbandry of the people's government of the autonomous region shall publish the distribution area of fine granular soil。

　　People's governments at all levels shall promote conservation tillage techniques in agricultural production so as to reduce the impact of farmland dust on the atmospheric environment。

　　Article 28 People's governments at all levels shall take measures to control desertification, restore and increase vegetation, and reduce the impact of sand and dust on the atmospheric environment by returning farmland to forests and grasslands, blocking sand for afforestation and grass cultivation, building shelterbelts, protecting wetlands, comprehensively managing small river basins, and rationally deploying ecological water。

　　Chapter V Prevention and Control of Agricultural and Other pollution

　　Article 29 The people's government at or above the county level shall carry out harmless renovation of rural toilets。

　　The people's governments at the county level shall designate areas where the construction of large-scale livestock and poultry breeding is prohibited, strengthen the management of regional classification, promote the utilization of waste resources, and prevent the pollution of the atmosphere by livestock and poultry breeding。

　　Article 30 People's governments at or above the county level and their competent departments of agriculture and animal husbandry administration shall strengthen the supervision and management of agricultural non-point source pollution, support the use of new technologies and processes of straw, and promote the comprehensive utilization of agricultural production waste resources。

　　Article 31 People's governments at or above the county level shall encourage and support the comprehensive utilization and disposal of substances that produce poisonous and harmful gases, odor or strong odor, and shall announce the disposal sites。It is prohibited to burn linoleum, rubber, plastic, leather, asphalt, garbage and other materials in urban and rural planning areas, populated areas and other areas that require special protection according to law。

　　It is prohibited to burn straw, fallen leaves, dry grass and other substances that cause smoke and dust pollution in the open in the areas designated by the people's governments at or above the county level。

　　Article 32 The competent department of municipal appearance and environmental health shall strengthen the daily supervision and control of substances that produce toxic or harmful smoke or dust, odor or strong odor gases by incineration within the planned urban areas。

　　The competent departments of municipal appearance, environmental health and environmental protection shall guide citizens to reduce the setting off of fireworks and firecrackers and protect the atmospheric environment。

　　Article 33 In the areas designated by the people's governments at the county level as prohibited from barbecuing in the open air, no food may be barbecued in the open air or a place may be provided for barbecuing food in the open air。

　　Article 34 The competent departments of environmental protection, city appearance and environmental health of the people's governments at the county level shall strengthen the supervision and management of lampblack pollution in the canoies of public institutions and catering service units to prevent lampblack pollution in the catering service industry。Promote the treatment of volatile organic compounds used in architectural decoration, motor vehicle maintenance, clothing dry cleaning and other industries。

　　Article 35 Enterprises, public institutions and other producers and business operators shall implement the State regulations on the production, sale, use, import and export of ozone depleting substances, establish recycling and safe disposal systems, and shall not leak, discharge, throw or abandon ozone depleting substances in violation of the regulations。

　　Chapter VI Supervision and administration

　　Article 36 Enterprises and institutions that discharge industrial waste gas or toxic and harmful atmospheric pollutants into the atmosphere, coal-burning heat source production and operation units of central heating facilities, and other units that exercise discharge permit administration according to law shall obtain discharge permits according to law and discharge pollutants in accordance with the provisions of the permits。

　　Article 37 The autonomous region shall implement a ranking and publishing system for atmospheric environmental quality in the built-up areas of the cities divided into districts and the people's governments at the county level。

　　The assessment fails to meet the national and autonomous region air environment quality improvement targets and exceeds the total emission control targets of air pollutants，Or areas where the quality of the regional atmospheric environment has seriously declined，The competent department of environmental protection of the people's government of the autonomous region shall, together with relevant departments, interview the principal persons in charge of the people's government of the region，And suspend the approval of the environmental impact assessment documents of the construction projects with the total emission of key air pollutants in the region。The interviews should be made public。

　　Article 38 The competent department of environmental protection shall strengthen the information construction of air pollution prevention and control, improve the environmental monitoring, pollution source monitoring, supervision and management information system, and promptly disclose the following matters:

　　(1) atmospheric environmental quality information;

　　(2) Control and reduction of the discharge of key air pollutants;

　　(3) the supervisory monitoring of pollution sources;

　　(4) To supervise and inspect the production, processing, sale and use of high-polluting fuels in the no-burning zones of commercial coal, automotive refined oil and high-polluting fuels;

　　(5) Information on administrative licenses and administrative penalties related to atmospheric environmental protection;

　　(6) Sudden air pollution environmental events and responses;

　　(7) Other environmental information that should be disclosed according to law。

　　Article 39 The competent department of environmental protection shall establish an environmental protection credit evaluation system for air pollutant discharge enterprises, incorporate the evaluation results into the social credit system, and disclose them to the public。

　　Article 40 The competent department of environmental protection of the people's government of the autonomous region shall delimit key areas for the prevention and control of air pollution and announce them after approval by the people's government of the autonomous region。

　　The people's governments of cities divided into districts shall hold joint meetings on a regular basis, carry out joint prevention and control of air pollution, and fulfill the target responsibilities of air pollution prevention and control。

　　Article 41 The competent department of environmental protection of the people's government of the autonomous region shall, in conjunction with meteorological departments and other departments, establish a mechanism for early warning and consultation of heavy pollution weather, unify the grading standards of heavy pollution weather early warning, and improve the level of atmospheric environmental quality forecasting and monitoring。

　　Article 42 The people's governments at or above the county level shall formulate emergency preplans for heavy pollution weather, initiate emergency preplans according to law and implement appropriate response measures according to the early-warning level of heavy pollution weather。

　　Key pollutant discharge units shall, in accordance with the requirements of heavy pollution weather emergency preplans, formulate emergency response operation plans, and implement the corresponding emergency response measures in accordance with regulations。

　　Natural persons, legal persons and other organizations shall cooperate with the emergency response measures for heavy pollution weather taken by the people's government and its relevant departments。

　　Article 43 People's governments at or above the county level may organize off-peak production in key areas for the prevention and control of atmospheric pollution or in seasons when heavy pollution weather is concentrated。

　　During the off-peak production period, in addition to the production of residential heating, the disposal of urban garbage and hazardous waste to ensure the people's livelihood, other pollutant discharging units and enterprises shall, in accordance with the off-peak production arrangements of the people's governments at or above the county level, adjust their production and business activities and reduce or suspend the production and operation of the discharge of air pollutants。

　　Article 44 People's governments at or above the county level, when reporting annually to the people's Congress at the corresponding level or to the Standing Committee of the National People's Congress on the state of the environment and the achievement of environmental protection targets, shall report on the implementation of the plan for reaching the targets of atmospheric environmental quality within the prescribed time limit, and shall disclose the report to the public for supervision。

　　Chapter VII Legal liability

　　Article 45 Violation of the provisions of this Ordinance，Selling coal that does not meet the local compulsory standards for the quality of civilian bulk coal，Producing or selling fuel oil or additives that do not meet environmental protection standards，The departments for quality supervision and industry and commerce administration shall, in accordance with their duties, order them to make corrections，Confiscation of raw materials, products and illegal gains，And a fine of not less than one time but not more than three times the value of the goods。

　　Article 46 Where an activity that produces waste gas containing volatile organic compounds fails to carry out, install or use pollution prevention and control facilities in a confined space or equipment, or fails to take measures to reduce waste gas discharge, the competent environmental protection department shall order it to make corrections 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 to stop production for rectification。

　　Article 47 Where a construction unit, in violation of the provisions of these Regulations, fails to take measures to prevent and control dust pollution, the competent department of the trade shall, in accordance with its duties, order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan;Those who refuse to make corrections shall be ordered to stop work for rectification。

　　If he is fined and ordered to make corrections, but refuses to make corrections, he may be punished on a daily basis according to the original penalty amount starting the next day after the date on which correction is ordered。

　　Article 48 Violation of the provisions of this Ordinance，Refuse transfer stations, transfer stations, landfill sites and construction waste disposal sites do not take enclosure, covering, spraying, road hardening or other dust suppression measures，The municipal appearance and environmental sanitation and other competent departments shall order them to make corrections in accordance with their duties，A fine of not less than 10,000 yuan but not more than 100,000 yuan;recalcitrant，Order suspension of work or suspension of business for rectification。

　　Article 49 Those who, in violation of the provisions of these Regulations, fail to take measures to prevent and control dust pollution from coal mines, non-coal mines and other storage sites and roads in and out of mining (site) areas shall be ordered by the competent department of environmental protection to make corrections and be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan;Those who refuse to make corrections shall be ordered to suspend work or suspend business for rectification。

　　Article 50 Violation of the provisions of this Ordinance，Vehicles for transporting bulk and fluid materials such as coal, garbage, muck, sand and gravel, earthwork and mortar，Failing to take covering, sealing or other measures to prevent the scattering or leakage of materials，Or failing to follow the prescribed route or time period，The competent departments for city appearance, environmental sanitation, communications and transportation shall order them to make corrections in accordance with their duties，A fine of not less than 2,000 yuan but not more than 20,000 yuan;recalcitrant，Vehicles must not be driven on the road。

　　Article 51 Violation of the provisions of this Ordinance，In urban and rural planning areas, populated areas and other areas in need of special protection according to law，Burning felt, rubber, plastic, leather, asphalt, garbage and other substances that produce toxic or harmful, foul odor or strong odor gases，The municipal appearance and environmental sanitation and other competent departments shall order them to make corrections in accordance with their duties，A fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed on the unit，An individual shall be fined not less than 500 yuan but not more than 2,000 yuan。

　　Where, in violation of the provisions of these Regulations, straw, fallen leaves, withered grass and other substances causing smoke and dust pollution are burned in the open in the areas designated by the people's governments at or above the county level, the competent department of agriculture and animal husbandry administration or the competent department of urban appearance and environmental health shall, in accordance with their duties, order corrections and may impose a fine of not less than 500 yuan but not more than 2,000 yuan。

　　Article 52 Whoever, in violation of the provisions of these Regulations, leaks or discharges substances that deplete the ozone layer shall be ordered by the competent department of environmental protection to make corrections and be imposed a fine of 50,000 yuan;Whoever refuses to make corrections shall be fined 100,000 yuan。

　　Whoever, in violation of the provisions of these Regulations, throws or abandons substances that deplete the ozone layer shall be ordered by the competent department of environmental protection to make corrections and be imposed a fine of three times the cost of harmless treatment。

　　Article 53 Other acts in violation of the provisions of these Regulations shall be punished in accordance with the provisions of relevant laws and regulations。

　　Article 54 Where the competent department of environmental protection fails to perform the duties of supervision and administration over the prevention and control of atmospheric pollution, it may put forward proposals for the performance of its duties;If, after receiving the recommendation for the performance of his duties, he still fails to take supervisory and administrative measures, he shall put forward a recommendation for punishment to the organ appointing or removing him or her or the supervisory organ。

　　Article 55 Where the people's governments at various levels, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for the supervision and administration of atmospheric environmental protection and their staff members abuse their power, neglect their duties, engage in malpractices for personal gain or practice fraud, they shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

　　Chapter VIII Supplementary Provisions

　　Article 56 These Regulations shall come into force as of November 1, 2017。