Regulations on the Prevention and Control of Air Pollution in Anhui Province

Regulations on the Prevention and Control of Air Pollution in Anhui Province

(Approved at the Fourth Session of the 12th People's Congress of Anhui Province on January 31, 2015)

Chapter 1 General Provisions

Article: In order to prevent and control air pollution, protect and improve the atmospheric and living environment, promote the construction of ecological civilization, and coordinate economic and social development with environmental protection, this regulation is formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Air Pollution Prevention and Control Law of the People's Republic of China, relevant laws and administrative regulations, and the actual situation of this province.

Article 2: These regulations apply to the prevention and control of air pollution within the administrative region of this province; If there are other provisions in relevant laws and administrative regulations, their provisions shall apply.

Article 3: In the prevention and control of air pollution, a work mechanism shall be established with the government responsible, units responsible for treatment, public participation, regional linkage, and social supervision.

Article 4: The prevention and control of air pollution shall adhere to the principle of planning first, use legal, economic, technological, administrative and other measures, give full play to the role of market mechanisms, transform the mode of economic development, transform industrial structure and layout, adjust energy structure, and improve air quality.

The prevention and control of air pollution should focus on reducing the concentration of key atmospheric pollutants such as particulate matter, sulfur dioxide, nitrogen oxides, and volatile organic compounds in the atmosphere, and control and reduce pollutant emissions throughout the entire process from the source to the end.

Article 5: People's governments at or above the county level shall be responsible for the quality of the atmospheric environment within their administrative regions, formulate plans for the prevention and control of atmospheric pollution, incorporate the prevention and control of atmospheric pollution into national economic and social development plans, strengthen the construction of environmental law enforcement teams, improve environmental supervision and management capabilities, and ensure financial investment in the prevention and control of atmospheric pollution.

Township governments and street offices should do a good job in the prevention and control of air pollution within their jurisdiction.

Article 6: The environmental protection administrative department of the people's government at or above the county level shall implement unified supervision and management of the prevention and control of air pollution.

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

Article 7 Enterprises, institutions, and other producers and operators shall take measures to prevent and control pollution caused by production, construction, or other activities to the atmospheric environment, and shall bear responsibility for the damage caused in accordance with the law.

Enterprises, institutions, and other producers and operators that discharge pollutants into the atmosphere shall establish a responsibility system for atmospheric environmental protection, clarifying the responsibilities of unit leaders and relevant personnel.

Article 8: People's governments at all levels and their departments, social organizations, schools, news media, grassroots mass autonomous organizations, and enterprises shall carry out publicity and education on laws and regulations on air pollution prevention and control, popularize scientific knowledge on air pollution prevention and control, advocate civilized, economical, low-carbon, and green consumption methods and living habits.

Article 9: All units and individuals have the obligation to protect the atmospheric environment and have the right to report acts that pollute the atmospheric environment and fail to fulfill their environmental supervision responsibilities in accordance with the law.

The environmental protection administrative department of the people's government at or above the county level and other relevant departments shall establish a reporting and reward system and make it public to the public; After receiving the report, it should be dealt with in a timely manner and the results of the handling should be reported to the whistleblower; Keep confidential the relevant information of the whistleblower and protect their legitimate rights and interests; If the reported content is verified to be true, the informant will be rewarded.

The environmental protection administrative department and other relevant departments of the people's government at or above the county level shall encourage and support social organizations and the public to participate in and supervise the prevention and control of air pollution.

Chapter 2 General Provisions on Supervision and Management

Article 10: The provincial people's government may, based on the atmospheric environment quality status and economic and technological conditions of the province, formulate stricter atmospheric environment quality standards, atmospheric pollutant emission standards, and control standards for harmful substances in coal-fired fuel.

According to the needs of improving environmental quality, special emission limits for atmospheric pollutants can be implemented.

Units that discharge pollutants into the atmosphere shall not exceed the emission standards set by the province in terms of pollutant concentration.

Article 10: The development and reform departments of the provincial people's government shall, in conjunction with the economic and information technology, environmental protection and other departments, timely revise the access directory for high energy consumption, high pollution, and resource-based industries, and after approval by the provincial people's government, publish it to the public.

Implement a system of equal reduction and substitution of atmospheric pollutant emissions. A construction project that obtains the total emission index of atmospheric pollutants through reduction and replacement shall not be put into trial production until the replacement emission is reduced.

Article 12: The development and reform departments of the provincial people's government shall, in conjunction with the economic and information technology, environmental protection and other departments, reasonably determine the development layout, structure and scale of key industries in the province based on the planning of the main functional areas, and implement them after approval by the provincial people's government.

Article 13: The provincial people's government shall, in accordance with the determined total emission control indicators of key atmospheric pollutants, and in combination with the level of economic and social development, environmental quality conditions, and industrial structure, decompose the total emission control indicators of key atmospheric pollutants into district level cities and county-level people's governments. The people's governments of cities and counties with districts shall, in accordance with the principles of openness, fairness, and impartiality, decompose and implement the total emission control indicators of key atmospheric pollutants to enterprises and institutions. Enterprises and institutions shall not exceed the total emission control indicators.

Newly built, renovated, or expanded projects that discharge key atmospheric pollutants that do not meet the requirements of total control shall not pass the environmental impact assessment.

Article 14: Under the premise of strict control of the total emissions of key atmospheric pollutants and the implementation of emission reduction plans, the paid use and trading of key atmospheric pollutant discharge rights may be carried out in accordance with the principle of promoting total reduction.

Article 15: The air pollution prevention and control facilities for supporting construction shall be designed, constructed, and put into operation simultaneously with the main project, and shall not be dismantled or left idle without authorization.

The atmospheric pollution prevention and control facilities shall be inspected and accepted by the environmental protection administrative department that approves the environmental impact assessment documents of the construction project before the main project can be put into production or use.

Article 16 Enterprises, institutions, and other producers and operators that discharge pollutants into the atmosphere shall obtain pollutant discharge permits in accordance with regulations. It is prohibited to discharge atmospheric pollutants without a pollution discharge permit or in violation of the provisions of the pollution discharge permit.

Article 17 Enterprises, institutions, and other producers and operators that discharge pollutants into the atmosphere shall set up air pollutant discharge outlets and signs in accordance with the regulations of this province. Those who fail to set up air pollutant discharge outlets in accordance with regulations shall not be granted pollutant discharge permits.

It is prohibited to discharge atmospheric pollutants through emission channels other than those specified in the preceding paragraph, except for emergency discharge channels that are necessary for the occurrence or possibility of safety production accidents or sudden environmental events.

Article 18 Enterprises and institutions with the task of controlling the total amount of atmospheric pollutant emissions shall monitor the emission of atmospheric pollutants, record monitoring data, and make it public to the society. The storage time of monitoring data shall not be less than five years.

Enterprises and institutions that discharge pollutants into the atmosphere shall set up fixed monitoring points or sampling platforms in accordance with regulations and maintain normal use, and accept supervisory monitoring from the environmental protection administrative department or other supervisory and management departments.

Article 19 Units that use coal-fired boilers or kilns with emissions of atmospheric pollutants equivalent to or exceeding 20 tons per hour, as well as units designated by the environmental protection administrative department of the people's government at or above the county level for key supervision of atmospheric pollutant emissions, shall be equipped with automatic monitoring equipment that has been certified as qualified by metrological inspection, maintain stable operation, and ensure the accuracy of monitoring data. Automatic monitoring equipment should be connected online and included in the unified monitoring system of the environmental protection administrative department.

Article 20: The environmental protection administrative department of the provincial people's government and the municipal and county people's governments shall establish an automatic monitoring network in accordance with provincial regulations, organize and carry out atmospheric environmental quality monitoring, and publicly disclose information on atmospheric environmental quality such as inhalable particulate matter and fine particulate matter on a daily basis.

The administrative department in charge of environmental protection of the provincial people's government shall publish the atmospheric environment quality of cities with districts on a monthly basis.

The environmental protection administrative department of the people's government of provinces and cities with districts shall establish a consultation mechanism in conjunction with the meteorological department to carry out atmospheric environmental quality forecasting. The meteorological department should cooperate to do a good job in predicting atmospheric environmental quality.

Article 20 The people's governments of provinces, cities, and counties shall formulate emergency plans for heavy pollution weather and make them public to the public.

The people's governments of provinces and cities with districts shall determine the level of heavy pollution weather warning and issue timely warnings based on heavy pollution weather forecast information. No unit or individual shall issue heavy pollution weather forecast and warning information without authorization.

When heavy pollution weather may occur, the people's government at or above the county level shall promptly activate emergency plans, issue warning information on heavy pollution weather to the society, and take response measures such as ordering relevant enterprises to stop or limit production, restricting the movement of some motor vehicles, stopping earthwork operations and building demolition construction on construction sites, suspending kindergarten and primary and secondary school classes, etc. according to the warning level.

Article 22 Enterprises and institutions that may experience air pollution accidents shall formulate emergency plans for air pollution emergencies in accordance with provincial regulations, and report to the competent administrative department for environmental protection and relevant departments for record keeping.

When a sudden air pollution incident occurs or may occur, enterprises and institutions should immediately take response measures, promptly notify units and residents who may be affected by air pollution hazards, and report to the local environmental protection administrative department for investigation and handling.

Article 23: The provincial people's government shall coordinate and integrate relevant funds for key air pollutant reduction, and establish special funds for air pollution prevention and control.

County level and above people's governments should increase policy support for key projects in air pollution prevention and control, provide guiding financial support for clean production demonstration projects in key industries, and include funds for the construction, operation, and supervision of atmospheric environmental quality monitoring stations in the financial budget.

Article 24: People's governments at or above the county level shall encourage scientific and technological research in the prevention and control of air pollution, promote the application of advanced technologies in air pollution control, support the development and utilization of clean energy, and carry out international exchanges and cooperation in air pollution control.

Article 25: People's governments at or above the county level shall establish an ecological restoration system, adopt measures such as planting trees and grass, returning farmland to lakes, returning farmland to forests, and constructing and protecting wetlands to promote ecological governance and improve the quality of the atmospheric environment.

Article 26: People's governments at or above the county level and their relevant administrative departments in charge of environmental protection shall publicly disclose to the society information on atmospheric environmental quality, sudden atmospheric environmental incidents, environmental impact assessment reports, pollution discharge permits, pollution discharge outlet management, collection and use of pollution discharge fees, total pollutant discharge control, time limit treatment, environmental illegal cases and investigations, regional approval restrictions, and special inspections for air pollution prevention and control.

Article 27 Enterprises and institutions shall truthfully disclose to the public the names, emission methods, emission concentrations and total amounts of their key atmospheric pollutants, excessive emissions, as well as the construction and operation of pollution prevention and control facilities, and accept social supervision if they fall under any of the following circumstances:

() Listed in the list of key regulatory units for atmospheric pollutant emissions;

（2） Key atmospheric pollutant emissions exceeding the total control indicators;

（3） Excessive emissions of atmospheric pollutants;

（4） Other situations stipulated by the province.

The administrative department in charge of environmental protection shall regularly publish supervisory monitoring information of key regulatory units.

Article 28: The environmental protection administrative department and relevant departments of the people's government at or above the county level shall publish a list of enterprises and institutions that have been punished for violating laws and regulations on air pollution prevention and control, as well as their responsible persons, and enter it into the market entity credit information disclosure system.

Article 29: Promote the system of enterprise environmental pollution liability insurance, encourage enterprises to purchase environmental pollution liability insurance, prevent and control environmental risks of enterprises, and protect public environmental rights and interests.

Article 30 The provincial people's government shall establish a responsibility system for atmospheric environmental protection targets and an assessment and evaluation system. Assessment and evaluation should listen to public opinions, and the assessment results should be made public to the society.

The comprehensive assessment and evaluation of relevant departments of the provincial people's government, as well as the people's governments of cities and counties and their responsible persons, should include the completion of atmospheric environmental protection goals and the implementation of measures.

For those who fail to effectively deal with heavy pollution weather, intervene, tamper with, or falsify monitoring data due to inadequate work or lack of performance, exceed the total emission control indicators of key atmospheric pollutants, or fail to achieve annual atmospheric environmental protection goals, the environmental protection administrative department of the provincial people's government, in conjunction with relevant departments such as supervision, shall interview the main responsible persons of the local people's government, And suspend the approval of the environmental impact assessment documents for construction projects with new key atmospheric pollutant emissions in the region, and cancel the relevant environmental protection honors.

Chapter 3 Regional and Urban Air Pollution Prevention and Control

Article 30 The provincial people's government shall establish a joint prevention and control coordination mechanism for air pollution and ecological damage in areas such as the Hefei Economic Circle, the Anhui River Urban Belt, and the Huai River Urban Agglomeration, and implement joint prevention and control.

The Provincial People's Government shall establish the following joint air pollution prevention and control coordination mechanisms with the Yangtze River Delta region and other neighboring provinces according to actual needs, and carry out regional cooperation:

() Establish an emergency linkage mechanism for regional heavy pollution weather, timely report relevant information on early warning and emergency response, and request relevant provinces and cities to take corresponding response measures;

（2） Establish a communication and coordination mechanism to timely report relevant information and implement environmental impact assessment consultations for projects that may have a significant impact on the atmospheric environment quality of neighboring provinces and cities constructed at the provincial and municipal boundaries;

（3） Explore the establishment of regional linkage law enforcement mechanisms for preventing and controlling motor vehicle exhaust pollution and prohibiting open burning of straw;

（4） Establish a mechanism for sharing information on atmospheric environmental quality, and achieve regional sharing of information on atmospheric pollution sources, atmospheric environmental quality monitoring, meteorology, vehicle exhaust pollution detection, and corporate environmental credit reporting;

（5） Carry out scientific and technological exchanges and cooperation in the prevention and control of air pollution.

Article 32: In areas where the atmospheric environment quality does not meet the standards, the people's governments of cities and counties shall formulate a plan for achieving the standard of air pollution control within a specified time limit, and meet the standards of atmospheric environment quality in accordance with the time limit and requirements stipulated by the province.

Article 33: Urban people's governments shall incorporate resource and environmental conditions, urban population size, per capita urban road area, atmospheric channels, building height, public transportation sharing rate, green space rate, etc. into the overall urban planning, forming an urban spatial pattern that is conducive to the dissipation of atmospheric pollutants.

Article 34: It is prohibited to build or expand construction projects with severe air pollution within urban planning areas, and existing projects should be relocated or renovated. The main urban areas of cities with designated districts shall complete the relocation and renovation of heavily polluting enterprises within the prescribed time.

Enterprises, institutions, and other producers and operators who, on the basis of meeting legal requirements for pollutant emissions, make progress in reducing pollutant emissions shall be encouraged and supported by the people's government in accordance with the law through measures such as finance, taxation, pricing, and government procurement.

Article 35: The people's governments of cities and counties shall, in accordance with the requirements for improving atmospheric environmental quality, designate zones for prohibiting the combustion of highly polluting fuels.

Enterprises, institutions, and other producers and operators within the prohibited combustion zone shall stop using highly polluting fuels and switch to natural gas, liquefied petroleum gas, electricity, or other clean energy sources within the prescribed time limit.

It is prohibited to produce, sell, or burn coal that does not meet the standards or requirements.

Article 36: Encourage the development of centralized heating and the use of clean fuels within urban planning areas.

In the areas covered by gas pipelines and centralized heating pipelines, it is not allowed to build, expand, or renovate heating facilities that burn coal, heavy oil, and residual oil; The original scattered small and medium-sized coal-fired heating boilers should be dismantled within a time limit.

Article 37: Urban built-up areas shall eliminate coal-fired boilers with a capacity of less than 10 steam tons per hour within the prescribed time limit, and prohibit the construction of coal-fired boilers with a capacity of less than 20 steam tons per hour; Urban built-up areas will no longer build coal-fired boilers with a capacity of less than 10 tons per hour.

Article 38: People's governments at or above the county level shall formulate supportive policies to support the development and utilization of clean energy such as hydropower, wind energy, solar energy, biomass energy, and geothermal energy, and expand the scale of natural gas utilization.

The development and reform departments of the provincial people's government shall formulate clean energy development plans and total coal consumption control plans, which shall be implemented after being approved by the provincial people's government.

Chapter 4 Prevention and Control of Industrial Air Pollution

Article 39: Vigorously develop circular economy, encourage industrial agglomeration development, and guide enterprises to settle in industrial parks through reasonable planning of industrial layout in accordance with the requirements of circular economy and clean production.

Article 40 Coal fired (coke) kilns used by enterprises such as steel, petrochemicals, non-ferrous metal smelting, ceramics, float glass, and recycled lead, and coal-fired boilers with a capacity of over 20 tons per hour, shall be equipped with desulfurization devices. All coal-fired units, except for circulating fluidized bed boilers, should be equipped with denitrification facilities. The new dry process cement kiln should implement low nitrogen combustion technology transformation and install denitrification facilities.

Industrial enterprises that emit dust should build supporting dust removal facilities. The dust removal facilities of coal-fired boilers and industrial kilns should be upgraded and renovated.

Article 40: High ash and high sulfur coal is prohibited from entering the market. New coal mines should simultaneously construct coal washing and selection facilities. If the coal extracted from existing coal mines has high ash and sulfur content, supporting coal washing and selection facilities should be built within the time limit specified by the province to ensure that the ash and sulfur content in the coal meets the prescribed standards.

The development and reform departments of the provincial people's government shall, in conjunction with relevant departments, formulate quality management measures for commercial coal, which shall be implemented after being approved by the provincial people's government.

Article 42: People's governments at or above the county level shall adopt economic and technological policies and measures that are conducive to the clean and efficient utilization of coal, energy conversion, and encourage the comprehensive utilization of coal seam gas, coal gangue, fly ash, and slag resources at the mine entrance.

Article 43 Boiler manufacturing enterprises shall indicate the corresponding initial emission control requirements for pollutants in the boiler product quality standards in accordance with the boiler air pollutant emission standards and relevant requirements.

Article 44 Combustible gases generated in industrial production shall be recycled and utilized. Those who do not have the conditions for recycling and discharge into the atmosphere should undergo pollution prevention and control treatment.

If the combustible gas recovery and utilization device cannot operate normally, it should be repaired or updated in a timely manner. If it is necessary to discharge combustible gases during the period when the recycling device cannot operate normally, the emitted combustible gases should be fully burned or other measures to reduce atmospheric pollution should be taken.

Article 45: The following production activities that generate exhaust gases containing volatile organic compounds shall be carried out in enclosed spaces or equipment in accordance with regulations, and pollution prevention and control facilities shall be installed and used:

() Production of volatile organic compound raw materials such as petroleum refining and petrochemicals, coal processing and conversion;

（2） Storage, transportation, and sales of fuel and solvents;

（3） Production of coatings, inks, adhesives, pesticides, etc. using volatile organic compounds as raw materials;

（4） Used in products containing volatile organic compounds such as painting, printing, bonding, and industrial cleaning.

Refueling and gas stations, oil and gas storage depots, oil tank trucks, and gas tank trucks should be equipped with oil and gas recovery devices and maintain normal use. They should submit oil and gas emission testing reports issued by qualified institutions to the local environmental protection administrative department every year.

Article 46 Industrial coating enterprises shall use low volatile organic compound content coatings in accordance with regulations, record the main operating parameters and operating conditions of production processes, facilities, and pollution control equipment, establish a ledger to record the usage, waste, and destination of production raw materials and auxiliary materials, as well as the content of volatile organic compounds. The retention time of the ledger shall not be less than years.

Article 47: Enterprises that produce and use organic solvents shall reduce material leakage during daily maintenance and repair of pipelines and equipment, and timely collect and handle materials that have already leaked.

Article 48 Enterprises shall comprehensively promote clean production, first adopt clean production technologies, processes, and equipment with high energy and raw material utilization efficiency and low pollutant emissions, eliminate products, outdated processes, and outdated equipment that seriously pollute the atmospheric environment quality, and reduce the generation and emission of atmospheric pollutants. Conduct mandatory clean production audits in key industries such as steel, chemical, coal, electricity, non-ferrous metal smelting, and cement, and implement clean production technology transformation.

Chapter 5 Prevention and Control of Air Pollution by Motor Vehicles and Ships

Article 49: Establish and improve a coordination mechanism for the prevention and control of exhaust pollution from motor vehicles and ships, and adopt prevention and control measures such as strict implementation of standards, implementation of sign management, deadline treatment, and renewal and elimination.

Article 50: People's governments at or above the county level shall first develop public transportation, plan, construct, and set up roads, public transportation hubs, bicycle rental service systems, charging and refueling infrastructure that are conducive to the public taking public transportation vehicles, walking or using non motorized vehicles. Advocate and encourage the public to use public transportation, bicycles, and other means of transportation.

Government agencies, public institutions, state-owned enterprises, as well as industries such as public transportation and environmental sanitation, should take the lead in promoting the use of new and clean energy motor vehicles.

Article 50: The people's government of a city divided into districts shall, in accordance with urban planning and the quality of the atmospheric environment, reasonably control the number of fuel powered motor vehicles, limit the driving range of motorcycles, and make public announcements to the society.

Article 52: Motor vehicles and ships shall not discharge pollutants into the atmosphere exceeding the prescribed emission standards.

No unit or individual shall manufacture, sell, import, or use motor vehicles and ships that emit pollutants exceeding the prescribed emission standards.

Article 53: Motor vehicles and ships in use shall undergo exhaust pollution testing in accordance with the prescribed inspection cycle.

For motor vehicles and ships that do not meet the prescribed emission standards, the traffic management department of the public security organs, environmental protection, maritime, fishery and other departments shall not issue certificates or environmental and safety inspection qualification marks.

Article 54 Motor vehicle maintenance units shall carry out maintenance in accordance with relevant technical standards. The emissions of pollutants from repaired motor vehicles should meet the prescribed standards.

Secondary maintenance of motor vehicles, major repairs of engine assemblies, and major repairs of the entire vehicle must pass exhaust pollution testing before they can be delivered for use.

Article 55: The environmental protection administrative department of the provincial people's government and the department responsible for quality and technical supervision shall strengthen the supervision and management of motor vehicle environmental protection inspection institutions.

Institutions engaged in the inspection of motor vehicle exhaust pollution shall conduct inspections in accordance with the prescribed inspection methods and technical specifications, truthfully provide inspection reports, and submit inspection information to the local environmental protection administrative department in accordance with regulations. They shall not fabricate or tamper with inspection data and information. The inspection agency and its responsible person shall bear legal responsibility for the inspection results.

Article 56: The environmental protection administrative department of the people's government at or above the county level shall, in accordance with relevant regulations, issue a provincial-level environmental protection inspection qualification mark to motor vehicles. According to relevant regulations, the environmental inspection qualification mark is divided into green and yellow. Motor vehicles that have not obtained the environmental inspection qualification mark are not allowed to drive on the road.

Forgery, alteration, trading, or use of forged, altered, or traded motor vehicle environmental inspection qualification marks is prohibited.

Implement a regional ban on motor vehicles with yellow environmental protection signs. The regional prohibition measures shall be formulated by the people's governments of cities with designated districts.

Motor vehicles with yellow environmental protection signs shall be forcibly phased out within the time limit specified by the province.

Article 57: The administrative department in charge of environmental protection, in conjunction with the traffic management department of the public security organs, may conduct remote sensing monitoring of the pollutant emissions of motor vehicles driving on the road. The data obtained from remote sensing monitoring can serve as the basis for environmental law enforcement.

Article 58: The fuel used for the sale of motor vehicles, ships, and aircraft shall meet the prescribed standards.

Article 59: The prevention and control of air pollution by non road mobile machinery shall be carried out in accordance with relevant provincial regulations.

Chapter 6 Prevention and Control of Dust Pollution

Article 60: The environmental protection administrative department of the provincial people's government, in conjunction with relevant departments, shall formulate and improve technical specifications and standards for dust control.

The housing and urban-rural construction, urban and rural sanitation, transportation, environmental protection and other departments of the people's government at or above the county level shall strengthen the supervision and management of construction projects in accordance with the responsibilities determined by the local people's government, and take the control of dust pollution as the content of the comprehensive environmental improvement assessment.

Article 60: Units engaged in construction, municipal infrastructure construction, river improvement, building demolition, mineral resource extraction, material transportation and stacking, mortar and concrete mixing, and other activities that generate dust pollution, such as construction, material supply, construction waste, and slag transportation, shall take measures to prevent and control air pollution, improve pollution prevention and control facilities, implement personnel and funds, and comprehensively promote standardization Standardized management.

Article 62: The construction unit shall submit a dust pollution prevention and control plan for the construction site to the relevant departments of the people's government at or above the county level before construction, and guarantee the special expenses for dust pollution prevention and control for the construction unit.

The special expenses for dust pollution prevention and control should be included in the cost of safety and civilized construction measures, and included in the construction cost as non competitive expenses.

Article 63: The construction unit shall, in accordance with the requirements of the dust pollution prevention and control plan on the construction site, publicly display relevant information on dust pollution control measures, responsible persons, environmental supervisors, dust supervision authorities, etc. at the entrance and exit of the construction site, accept social supervision, and take the following dust pollution prevention and control measures:

() The construction site shall be enclosed by fences, and vehicle washing facilities shall be equipped at the entrance and exit positions;

（2） Hardening measures shall be taken at the entrances and exits, main roads, and processing areas of the construction site;

（3） Take dust reduction measures such as watering, covering, paving, and greening at the construction site;

（4） The construction site implements centralized and classified stacking of building materials. Construction waste shall be cleared and transported in a closed manner, and it is strictly prohibited to throw it at heights;

（5） The external scaffolding is enclosed by hanging a dense mesh safety net;

（6） Burning of materials such as asphalt, felt, rubber, garbage, etc. that are prone to producing toxic and harmful smoke and odorous gases is prohibited on the construction site;

（7） The demolition operation shall be carried out by continuously pressurizing and sprinkling water or spraying;

（8） After the demolition of a building, the demolished object should be promptly removed. If it cannot be removed in a timely manner, effective covering measures should be taken;

（9） If the site remains idle for more than three months after the demolition of a building, the land using unit shall take dust prevention measures such as greening on the exposed ground after the demolition;

（10） Building materials that are prone to dust generation shall be transported in a closed manner;

（10） During the transportation and treatment of construction waste, it shall be cleared and transported to the designated place for disposal in accordance with the time, route, and requirements stipulated by the administrative department in charge of urban appearance and environmental health of the urban people's government;

（12） When the level III (yellow) warning is activated or the meteorological forecast wind speed reaches level 4 or above, operations that may cause dust such as earthwork excavation, transportation, and demolition are not allowed.

Article 64: Dust prevention measures such as sealing, enclosure, watering, and flushing shall be taken for the production of pre mixed concrete and pre mixed mortar.

Encourage and support the development of fully enclosed concrete and mortar mixing.

Article 65: For operations that are prone to generating dust such as loading, unloading, and transportation of coal, cement, sand, garbage, etc., measures such as covering, sealing, spraying, and enclosure shall be taken to prevent scattering and dust.

For the transportation of bulk and fluid materials such as garbage, slag, sand and gravel, soil, mortar, etc., vehicles that meet the conditions should be used, and satellite positioning systems should be installed.

Construction earthwork, construction waste, and construction waste should be transported to designated locations for disposal in a timely manner; Those stored within the site should be effectively covered.

Article 66: Urban road cleaning operations shall meet the following requirements for dust pollution prevention and control:

() The main motor vehicle lanes in the city should be watered or washed at least once a day to reduce dust, except for rainy, snowy, or low air temperatures below 2 degrees Celsius;

（2） Encourage the use of low dust mechanized cleaning methods on urban roads;

（3） If manual cleaning is used, it should comply with the norms of urban appearance and environmental sanitation operation services.

Airports, station squares, docks, parking lots, parks, city squares, street parks, and dedicated roads and other outdoor public places should be kept clean to prevent dust pollution.

Article 67: In open-pit mining and processing of mineral resources, measures such as spraying, centralized mining, hardening and greening of transportation roads shall be taken to prevent dust pollution. Ecological restoration should be carried out promptly after mining.

The ecological restoration of closed or abandoned mines shall be carried out in accordance with the relevant provisions of the Anhui Province Mining Geological Environment Protection Regulations.

Article 68: Exposed ground shall be subject to dust prevention and control in accordance with the following provisions:

() The construction unit is responsible for covering the bare ground for the construction land to be developed; If it exceeds three months, temporary greening or permeable paving should be carried out;

（2） The exposed ground along municipal roads and waterways, as well as public green spaces, shall be organized by the housing and urban-rural construction, water affairs, and landscaping departments to carry out greening or permeable paving according to the plan;

（3） Other exposed ground shall be greened or paved with permeable materials by the user or management unit, and dust prevention measures shall be taken.

Chapter 7 Prevention and Control of Other Air Pollution

Article 69: The development and reform, agriculture and other departments of the people's governments at or above the county level shall formulate comprehensive utilization plans for straw, promote comprehensive utilization methods such as straw returning to the field, straw feed development, straw based material conversion, straw gasification, straw solidification forming fuel, straw composting, straw power generation, and straw industrial raw material development.

The people's governments at or above the county level shall formulate policies such as financial subsidies for the comprehensive utilization of straw, encourage and guide the collection and utilization of straw, and support the development of enterprises engaged in straw collection, storage, and comprehensive utilization.

Article 70: It is prohibited to burn straw, fallen leaves, garbage, and other substances that produce smoke and dust pollution in densely populated areas, around airports, near transportation arteries, and areas designated by local people's governments in the open air.

The people's governments of cities and counties with districts shall publicize the list of straw burning prohibition zones, townships and streets, and accept public supervision. Township governments and street offices within the prohibition zone shall implement the management of straw prohibition.

Article 70: The people's governments of cities and counties shall, based on local conditions, stipulate the prohibition and release of fireworks and firecrackers, as well as the areas and times of restriction and release.

Encourage the development of civilized and green funeral and sacrificial activities.

Article 72: It is prohibited to set fire to the following places

Fireworks and firecrackers:

() Cultural relics protection units;

（2） Transportation hubs such as stations, docks, airports, and railway line safety protection zones;

（3） Production and storage units for flammable and explosive materials;

（4） Safety protection zone for power transmission and transformation facilities;

（5） Kindergartens, schools, cultural institutions, medical institutions, and elderly care institutions;

（6） Key fire prevention areas such as mountains, forests, grasslands, and nurseries;

（7） Important military facility safety protection zones;

（8） Other locations prohibited from setting off fireworks and firecrackers as stipulated by the municipal and county people's governments.

The specific scope of locations where fireworks and firecrackers are prohibited as stipulated in the preceding paragraph shall be clearly marked with warning signs by relevant units.

Article 73: Operators of the catering service industry shall install and use pollution prevention and control facilities that match their business scale in accordance with the law. The prevention and control facilities for catering oil fume pollution should include:

() Oil fume and exhaust gas purification device;

（2） Specialized oil fume (gas) emission channels;

（3） Odor treatment facilities.

Those who have not installed and used pollution prevention and control facilities that match their business scale before the implementation of these regulations shall be required to rectify them within a specified period of time.

It is prohibited to construct, renovate, or expand catering service projects that produce oil fumes, odors, and exhaust gases in residential buildings, commercial and residential complexes without dedicated smoke ducts, and commercial floors adjacent to residential floors.

Article 74: The people's governments of cities and counties may designate areas where outdoor barbecue is prohibited.

No unit or individual is allowed to barbecue food outdoors or provide a venue for outdoor barbecue food within the government designated areas where outdoor barbecue is prohibited.

Article 75: In densely populated areas such as government agencies, schools, hospitals, residential areas, and other areas that require special protection according to law, it is prohibited to engage in the following production activities:

() The production and operation activities of rubber products, commercial spray painting, bone glue making, bone meal making, slaughtering, livestock and poultry breeding, biological fermentation, etc. that produce foul odor, toxic and harmful gases;

（2） The outdoor burning of felt, asphalt, rubber, plastic, leather, garbage, or other activities that may produce foul odor, toxic and harmful gases.

Landfills, waste power plants, sewage treatment plants, and large-scale livestock and poultry farms should take measures to deal with foul odor gases.

Article 76: The landscaping and other departments of the people's governments at or above the county level shall take measures to adjust the planting varieties of trees and flowers, and restrict the large-scale planting of trees and flowers that are prone to flying catkins.

Article 77: The discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with the relevant regulations on radioactive protection, and the discharge exceeding the prescribed standards is prohibited.

Within the prescribed time limit, units producing and importing ozone depleting substances must produce and import in accordance with the quotas approved by the relevant administrative departments of the State Council.

Chapter 8 Legal Liability

Article 78: Those who violate the provisions of Article 10, Paragraph 3 of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to stop polluting or restrict production or suspend business for rectification, and shall be fined not less than 200000 yuan but not more than one million yuan; If the circumstances are serious, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down.

Article 79: Those who, in violation of the provisions of Article 15, Paragraph of these Regulations, dismantle or idle atmospheric pollution prevention and control facilities without the approval of the environmental protection administrative department shall be ordered to make corrections and fined not less than 50000 yuan but not more than 200000 yuan by the environmental protection administrative department that approved the environmental impact assessment documents of the construction project; Those who refuse to make corrections shall be ordered to suspend production for rectification.

Article 80: Those who violate the provisions of Article 16 of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to stop pollution discharge, restrict production, or suspend production for rectification, and shall be fined not less than 200000 yuan but not more than one million yuan; If the circumstances are serious, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down.

Article 80 If an enterprise or institution that violates the provisions of Article 18, Paragraph of these Regulations and has the task of controlling the total amount of atmospheric pollutant emissions fails to monitor, record, or preserve atmospheric pollutant emission data in accordance with regulations, or publicly discloses false atmospheric pollutant emission data, the environmental protection administrative department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.

Article 82: Those who violate the provisions of Article 19 of these Regulations by failing to equip automatic monitoring equipment for atmospheric pollutant emissions in accordance with regulations, or whose automatic monitoring equipment fails to operate stably or whose data is inaccurate, shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections and fined not less than 50000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.

Article 83: Those who violate the provisions of Article 27, Paragraph of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections and fined not less than 10000 yuan but not more than 30000 yuan.

Article 84: If a person violates the provisions of Article 35, Paragraph 2 of these Regulations and continues to use highly polluting fuels beyond the prescribed period in a prohibited combustion zone, the environmental protection administrative department of the people's government at or above the county level shall organize the dismantling of facilities that use highly polluting fuels.

Those who violate the provisions of Article 35, Paragraph 3 of these Regulations shall be ordered by the product quality supervision and industrial and commercial administrative departments of the people's governments at or above the county level to make corrections in accordance with their duties, confiscate raw materials, products, and illegal gains, and be fined not less than twice but not more than three times the value of the goods.

Article 85: Those who violate the provisions of Article 36, Paragraph 2 of these Regulations shall be dismantled by the environmental protection administrative department of the people's government at or above the county level.

Article 86: Those who violate the provisions of Article 44, Paragraph, Article 45, and Article 46 of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections and fined not less than 50000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.

Article 87: Those who violate the provisions of Article 55, Paragraph 2 of these Regulations by failing to provide truthful inspection reports shall be ordered to make corrections by the environmental protection administrative department of the people's government at or above the county level, their illegal gains shall be confiscated, and a fine of not less than 50000 yuan but not more than 200000 yuan shall be imposed; Those who refuse to make corrections shall have their inspection qualifications revoked by the department responsible for qualification recognition.

Article 88: If a motor vehicle violates the provisions of Article 56, Paragraph of this Regulation by driving on the road without obtaining an environmental inspection qualification mark, the traffic management department of the public security organ shall order it to make corrections; Those who fail to make corrections within the prescribed time limit shall be fined 200 yuan.

Those who violate the provisions of Article 56, Paragraph 2 of these Regulations shall be punished by the public security organs in accordance with the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China on forging, altering, or buying and selling proof documents.

If a motor vehicle with yellow environmental protection signs enters a prohibited area in violation of the provisions of Article 56, Paragraph 3 of these Regulations, the traffic management department of the public security organ shall order it to make corrections and impose a fine of 100 yuan.

Article 89: Those who violate the provisions of Article 58 of these Regulations shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop sales and confiscate the illegally sold products; If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than twice but not more than three times the amount of illegal sales shall be imposed.

Article 90: Those who violate the provisions of Article 62, Paragraph 2 of these Regulations shall be ordered by the housing and urban-rural development departments of the people's governments at or above the county level to stop construction.

Article 90: If a construction unit violates the provisions of Article 63 of these Regulations by failing to take dust pollution prevention and control measures, or violates the provisions of Article 64, Paragraph of these Regulations by producing pre mixed concrete or pre mixed mortar without taking dust prevention measures such as sealing, enclosure, watering, and flushing, the housing and urban-rural development department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 20000 yuan but not more than 100000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification.

Article 92: Those who violate the provisions of Article 65, Paragraph of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law to stop the illegal act and be fined not less than 5000 yuan but not more than 20000 yuan.

Those who violate the provisions of Article 65, Paragraph 2 of these Regulations shall be ordered to make corrections by the environmental protection administrative department of the people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law, and shall be fined not less than 500 yuan but not more than 2000 yuan.

Those who violate the provisions of Article 65, Paragraph 3 of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections and fined not less than 20000 yuan but not more than 100000 yuan; Those who refuse to make corrections shall be ordered to suspend work or business for rectification.

Article 93: Those who, in violation of the provisions of Article 67, paragraph of these Regulations, engage in open-pit mining or processing of mineral resources without taking dust pollution prevention and control measures such as spraying, centralized mining, and hardening and greening of transportation roads shall be ordered to make corrections by the environmental protection administrative department of the people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law, and shall be fined not less than 20000 yuan but not more than 100000 yuan; Those who refuse to make corrections shall be ordered to stop work for rectification.

Article 94: Those who violate the provisions of Article 70, Paragraph of these Regulations shall be ordered to make corrections by the environmental protection administrative department of the people's government at or above the county level or other departments exercising supervisory and management powers in accordance with the law, and shall be fined not less than 500 yuan but not more than 2000 yuan.

Article 95: Those who violate the provisions of the second paragraph of Article 72 of these Regulations shall be ordered by the public security department or other departments exercising supervision and management power in accordance with the law to stop the discharge and shall be fined not less than 500 yuan but not more than 2000 yuan; Those who constitute violations of public security management shall be punished for public security management in accordance with the law.

Article 96: Those who violate the provisions of Article 73, Paragraph of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections and fined not less than 10000 yuan but not more than 50000 yuan; Those who refuse to make corrections shall be ordered to suspend business for rectification.

Those who violate the provisions of Article 73, Paragraph 3 of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections; Those who refuse to make corrections shall be fined not less than 20000 yuan but not more than 100000 yuan.

Article 97: Those who violate the provisions of Article 74, Paragraph 2 of these Regulations shall be ordered by the urban environmental sanitation management department to make corrections; Those who refuse to make corrections shall have their barbecue tools and illegal gains confiscated, and shall be fined not less than 2000 yuan but not more than 5000 yuan.

Article 98: Those who violate the provisions of Article 75, Paragraph of these Regulations shall be ordered by the environmental protection administrative department of the people's government at or above the county level to make corrections, and shall be fined not less than 20000 yuan but not more than 100000 yuan for enterprises and institutions, and not more than 2000 yuan but not more than 5000 yuan for individuals.

Article 99: Enterprises, institutions, and other producers and operators who violate Article 15, Article 18, Article 44 (a), Article 45, Article 65, Article 73 (a), and Article 75 (a) of these Regulations by illegally discharging pollutants into the atmosphere shall be fined and ordered to make corrections. If they refuse to make corrections, the administrative authority that made the penalty decision in accordance with the law may, starting from the day after the day of the order for correction, impose a fine, Punish continuously on a daily basis based on the original penalty amount.

Article 100: If local people's governments at all levels, environmental protection administrative departments of people's governments at or above the county level, and other departments responsible for environmental protection supervision and management engage in any of the following behaviors, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary actions such as demerit recording, major demerit recording, or demotion; Those who cause serious consequences shall be dismissed or dismissed, and the main person in charge shall resign:

() Those who do not meet the conditions for administrative licensing and are granted administrative licensing;

（2） Covering up environmental violations;

（3） Failure to make a decision to order suspension or closure in accordance with the law;

（4） Failure to promptly investigate and deal with behaviors such as excessive emissions of pollutants, evading supervision, causing environmental accidents, and failure to implement ecological protection measures that cause ecological damage;

（5） Those who fail to effectively deal with heavy pollution weather due to poor work performance, lack of performance, etc;

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

（7） Environmental information that should be made public in accordance with the law but has not been made public;

（8） Intercepting, diverting or diverting the collected pollution discharge fees for other purposes;

（9） Failure to promptly investigate and handle reports or failure to keep confidential the relevant information of the whistleblower;

（10） Other illegal acts stipulated by laws and regulations.

Article 100: If a violation of the provisions of these Regulations constitutes a crime, criminal responsibility shall be pursued in accordance with the law.

Chapter 9 Supplementary Provisions

Article 102: These regulations shall come into effect on March 1, 2015.