Regulations on air pollution prevention and control in Jilin Province

(On May 27, 2016, the twelfth meeting of the Standing Committee of the Twelfth People's Congress of Jilin Province passed the 35th meeting of the Standing Committee of the 13th People's Congress of Jilin Province on July 28, 2022)

Announcement of the Standing Committee of the Provincial People's Congress

No. 86

The "Regulations on the Prevention and Control of the Jilin Province" was revised and approved by the 35th meeting of the Standing Committee of the 13th People's Congress of Jilin Province on July 28, 2022. It is now announced and implemented from October 1, 2022.

Standing Committee of the Jilin Provincial People's Congress

July 28, 2022

Chapter 1 General Principles

Article 1 In order to protect and improve the atmospheric environment, prevent air pollution, ensure public health, and promote the construction of ecological civilization, in accordance with the "People's Republic of China Environmental Protection Law" and "People's Republic of China" and other relevant laws and administrative regulations, combine the province In practice, formulate these regulations.

Article 2 These regulations apply to the prevention and control of air pollution in the administrative area of ​​the province.

Article 3 The prevention and treatment of air pollution shall adhere to the principles of people -oriented, prevention -oriented, combining control, comprehensive governance, and damage responsibility.

Establish a control mechanism for government supervision, pollutants, public participation, and joint prevention and control.

Article 4 The people's governments at or above the county level shall clarify the responsibility of air pollution prevention and control in accordance with the actual needs of laws, administrative regulations, and relevant state regulations.

The local people's governments at all levels should be responsible for the quality of the atmospheric environment of the administrative area, formulate plans, take measures, control or gradually reduce the discharge of air pollutants, so that the quality of the atmospheric environment can reach the prescribed standards and gradually improve.

The competent authority of the ecological environment shall implement a unified supervision and management of air pollution prevention and control, and be responsible for organizational coordination and guidance and supervision of air pollution prevention. Other relevant departments shall supervise and manage atmospheric pollution prevention and control in accordance with their respective responsibilities.

Enterprise and institutions and other production and operators shall establish a system of atmospheric environmental protection responsibility system to bear the responsibility of preventing and controlling atmospheric pollution.

Article 5 The people's governments at or above the county level shall encourage and support the research and development of science and technology of air pollution prevention and control, strengthen the construction of air pollution monitoring and early warning capabilities, promote clean production technology technology with high resource utilization and low pollutants and advanced applicable air pollution. Control equipment.

Article 6 Local people's governments at all levels shall strengthen the publicity and education of atmospheric environmental protection, popularize the knowledge of relevant laws and regulations related to the prevention and control of atmospheric pollution, and the knowledge of air pollution prevention, improve the public's awareness of environmental protection, and promote the public to participate in atmospheric environmental protection.

Chapter II Responsibility

Article 7 Enterprises and institutions that discharge industrial exhaust gas or the toxic and harmful air pollutants listed in the state announced by the state, the coal -fired heat source production and operation units of centralized heating facilities, and other units that implement pollution permits in accordance with the law shall obtain pollution permits Certificate and discharge pollutants in accordance with the requirements of pollution permits; if no sewage permit is obtained, pollutants shall not be discharged.

Article 8 When the relevant departments of the Provincial People's Government formulate the guidance directory of industrial structure, the process, equipment and products that are seriously polluted should be included in the elimination category.

Enterprises and institutions and other production and operators shall not build or expand high -pollution industrial projects listed or expanded into the elimination catalog, and shall not use craftsmanship, equipment, and products listed in the elimination catalog.

Equipment and products included in the elimination catalog shall not be transferred to others.

Article 9 The key sewage discharge units shall perform their own self -monitoring of the air pollutants discharged or entrusted by environmental monitoring qualifications in accordance with relevant national regulations and monitoring specifications. The preservation period of the original monitoring records must not be less than five years.

The key sewage units shall be installed and uses automatic monitoring equipment to discharge air pollutants in accordance with regulations, connecting the monitoring platform of the competent environment of the ecological environment to ensure the normal operation and data transmission of the monitoring equipment, and to truthfully discharge information in accordance with the law, and accept the supervision of the competent authorities and the public.

Article 10 It is forbidden to import, sell and fuel coal and oil coke that has not reached quality standards.

Materials such as coal, coal gangs, cocuties, coal ash and other materials should be stored, and measures such as combustion and dust should be taken to prevent air pollution.

Article 11 The people's government of the city shall delineate and gradually expand the high -pollution fuel ban areas, and report to the competent authority of the provincial people's government for the record.

In high pollution fuel ban areas, sales and high pollution fuels are prohibited; facilities that are new and expanded for new and expanded high pollution fuels are prohibited. Highly polluting fuel facilities in the ban area shall be replaced by natural gas, shale gas, liquefied petroleum gas, electricity, or other clean energy within the time limit prescribed by the city's people's government.

Article 12 The newly built, rebuilt, and expanded coal -fired heating boilers of the establishment of cities at or above the county level shall comply with relevant national and provincial regulations. If the completed coal -fired heating boiler does not meet the relevant regulations, it shall be transformed or demolished within the time limit prescribed by the people's government.

In areas covered by the gas pipe network and the centralized heating pipe network, new, rebuilt and expand the heating facilities of burning coal, heavy oil, and residue fuel. The original scattered small and medium -sized coal -fired heating boilers should be demolished as planned.

In areas where the heating pipe network is not covered, the pollutant discharge unit shall be selected to use high -efficiency energy -saving and environmentally friendly boilers or perform high -efficiency dust removal, and use new energy, high -quality coal and clean coal.

Article 13 The coal -fired power plants and other coal -fired units shall adopt a clean production process, supporting the construction of dust removal, desulfurization, denitration and other devices, or other measures to control the discharge of air pollutants with technical transformation. Article 14 Motor vehicles and non -road mobile machinery shall not exceed the standard to discharge pollutants to the atmosphere.

No unit or individual may produce, imported or sell atmospheric pollutants, and non -road mobile machinery that exceeds standards.

Article 15 The fuel used by enterprise institutions and other production and operators to produce, import, sell motor vehicles, and non -road mobile machinery shall meet the relevant fuel standards; The harmful substance content and other atmospheric environmental protection indicators of additives shall meet the requirements of relevant standards, and shall not damage the effect and durability of the pollution control device of motor vehicles and ships, and shall not increase new air pollutant emissions.

Article 16 The construction unit shall include the cost of preventing and controlling dust pollution in the project cost, and clarify the responsibility of dust pollution prevention and control in the construction unit in the construction contract. The construction unit shall formulate a specific implementation plan for construction dust pollution.

Construction units such as housing construction, municipal infrastructure construction, river management, and building demolition shall be filed with the competent authorities responsible for supervision and management of dust pollution prevention.

The construction unit shall set up hard enclosures at the construction site, and take effective dust and dust reduction measures such as coverage, segmented operations, timing construction, water suppression, flushing or cleaning the ground and vehicle. Building earthwork, engineering residue, and construction waste shall be cleared in time; if it is stacked in the venue, a closed dustproof mesh shall be used. Engineering slag and construction waste shall be resource -based.

Construction venues located in environmental sensitive areas should be installed online monitoring facilities. The installation and operation costs of online monitoring facilities are included in the project estimation.

The construction unit shall publicize information such as dust pollution prevention and control measures, persons in charge, and dust supervision and management department at the construction site.

Article 17 Enterprises such as steel, thermal power, building materials and other materials and construction sites shall be hardened by ground according to the requirements, and measures such as closed, blocking, covering, spraying, greening, and setting windproof dust networks shall be adopted.

Materials that store coal, coal gangs, cocutors, coal ash, cement, lime, gypsum, sand soil and other materials that are susceptible to dust should be closed; if they cannot be closed, it should be set up with strict enclosures that are not lower than the height of stacking objects, and take effective coverage measures. Prevention and treatment of dust pollution. Large coal yards and material stacking venues should be established with closed material warehouses and transmission devices.

Article 18 The construction land that cannot be started for the time being, and the construction unit shall cover the naked ground; if it is more than three months, it shall be green, paved or covered.

The naked grounds of the municipal river channel and its line, public land, and naked grounds in other towns shall be organized in accordance with the planning organization.

Article 19 Vehicles that transport coal, garbage, residue, sand, gravel, earthwork, cement, mortar and other bulks and fluid materials shall take closed or other measures to prevent materials from contaminating the dust, and drive in accordance with the prescribed routes.

The loading and unloading materials should be controlled or sprayed to prevent dust pollution.

Article 20 Mine mining should be mining and repairing to prevent dust pollution. Waste stones, waste residues, and soil should be stored in specialty venues, and dust measures such as hardening, fences, dust -proof mesh or dustproof cloths are adopted.

Article 21 If a toxic and harmful air pollutant is generated during the production and operation process, the pollutant discharge unit shall install and collect purification devices or take other measures to meet the national and local emissions standards. It is forbidden to directly discharge toxic and harmful atmospheric pollutants.

Article 22 Enterprises with oil, chemical industry, and other production and use of organic solvents shall establish a leak detection and repair system, perform daily maintenance and maintenance of pipelines, equipment, and tanks, reduce material leakage, and timely collect and deal with leakage materials.

Article 23 It is forbidden to incorporate asphalt, lincyl, rubber, plastic, leather, garbage, and other substances that produce toxic and dusty gases in areas that are concentrated and other areas that need special protection.

Forbidden production, sales and release of fireworks that do not meet quality standards. No unit or individual may set fireworks and firecrackers during the period of time and regions prohibited by the people's government.

Article 24 It is forbidden to violate relevant regulations to burn straw, leaves and other substances.

Article 25 It is forbidden to build, reconstruction, and expand catering of oil fume, odor, and exhaust gas in a commercial floor of commercial and residential buildings in residential residential buildings, uncomfortable establishment of special floods, and commercial floors adjacent to the residential buildings and residential buildings. service items.

The operator of the catering service industry shall abide by the following regulations:

(1) Set up special flue in the catering industry in accordance with the specifications;

(2) Set the oil fume purification device, regularly clean and maintain, and ensure that it runs normally to achieve standard discharge;

(3) The oil fume must not be discharged into the underground pipe network;

(4) It is not allowed to barbecue during the time and regions prohibited by the local people's government.

Chapter 3 Supervision and Management

Article 26 The people's governments at or above the county level shall strengthen the leadership of air pollution prevention, incorporate the prevention and control of air pollution into the national economic and social development plan, and increase financial investment.

The people's governments at or above the county level shall establish a target responsibility system, establish and improve the assessment system for the target responsibility of air pollution prevention, and announce the results of the assessment to the public.

The Provincial People's Government shall establish a routine supervision system for air pollution prevention and control in the people's government of municipal (state) and county (cities). Article 27 The people's governments at or above the county level shall scientifically and reasonably plan the urban space layout in accordance with the capacity of the resource and environmental carrying capacity and the appropriateness of the land and space development, and form a city and regional space pattern that is conducive to the diffusion of air pollutants. Reasonably plan the industrial layout, adjust the industrial structure, and gradually improve the quality of the atmospheric environment in the administrative area.

Newly built, rebuilt, and expanded steel, petroleum, chemical, cement, coking, flat glass, metal smelting industrial projects such as steel, oil, chemical industry, cement, coking, flat glass, and metal smelting should be planned.

Article 28 The total control of key air pollutants discharge is implemented, and the total amount of air pollutant emissions is gradually reduced. The Provincial People's Government shall decompose the total control indicators of the total amount of air pollutant emissions to the city (state) and county (cities) people's governments in accordance with the needs of the total amount of total amount control and the quality improvement of the atmospheric environment.

Article 29 The people's governments of cities (states) and counties (cities) shall promote thermal power production and centralized heating in coal -fired heating areas, and encourage the use of clean fuels. In the industrial agglomeration areas such as chemical industry, papermaking, printing, dyeing, rectification, and pharmaceuticals, the dispersion coal -fired boilers are gradually eliminated through centralized construction of the heat source plant.

Article 30 The people's governments at or above the county level shall incorporate the emergency response of heavy pollution weather into the emergency management system of emergencies, formulate and improve the emergency plan for heavy pollution weather, and announce it to the society.

The people's governments at or above the county level shall implement corresponding response measures according to the early warning level of severe pollution weather. According to emergency needs, they can order the suspension of production or production restrictions on enterprises, restrict some motor vehicles, prohibit fireworks and firecrackers, stop construction sites and build buildings for demolition and construction of buildings. , Stop the emergency measures such as the outdoor activities organized by the open -air barbecue, the outdoor activities organized by the kindergarten and the school, and organizing artificially affecting weather operations, and guided the public to protect them.

Article 31 The Provincial People's Government shall specify the key areas of air pollution prevention and control in accordance with relevant state regulations, formulate plans for air pollution prevention and control in key areas, establish a joint control mechanism for air pollution in key areas, coordinate and coordinate air pollution prevention and control in key areas Work.

Article 32 The county -level people's governments are responsible for the supervision and management of air pollution control in the area under their jurisdiction, and the township (town) people's government is responsible for the specific implementation.

Article 33 The competent authority of the ecological and environmental departments, together with the relevant departments, compiles the planning and control planning of air pollution in their own administrative areas, and reports to the people's governments at the same level to approve and announce the implementation.

Air pollution prevention planning should be connected with land and space planning.

Article 34 The competent authority of the ecological environment shall, in accordance with the control indicators of the total amount of air pollutants issued by the superior government, formulate the total control plan for key air pollutants in the administrative region, and organize the implementation of the people's government at the same level.

Article 35 The competent authority of the ecological environment is responsible for organizing the construction and management of the monitoring network of atmospheric environment and atmospheric pollution sources in the administrative area, and the monitoring of atmospheric environment quality and air pollution sources.

Article 36 The competent authority of the ecological environment encourages sewage discharge units to entrust third -party governance enterprises to conduct air pollution management by signing the method of commissioning governance contracts in accordance with relevant national and local regulations, and assume corresponding responsibility for air pollution control.

Article 37 On the premise of strictly controlling the total amount of key air pollutants, in accordance with the principle that is conducive to the decrease in total, according to relevant state regulations, a transaction of key air pollutants can be implemented.

Article 38 In areas that exceed the control indicators of the total amount of air pollutants emission over the national key atmospheric pollutants or the improving the goal of improving the goals of the atmospheric environment issued by the state, the competent authority of the provincial people's government shall, in conjunction with the relevant departments, interview the main of the people's government in the region's people's government The person in charge and suspended the approval of the environmental impact assessment documents of the construction project of the total number of key air pollutants emission emissions in the region. The interview should be disclosed to the society.

Article 39 Relevant departments such as local people's governments at all levels and their agricultural and rural areas, animal husbandry, energy, and development and reform shall encourage and support adopting advanced applicable technologies to carry out fertilizer, feed, energy, and industrial raw materials for straws and leaves. Comprehensive utilization such as the materialization of the edible fungus, and increase the fiscal subsidy of straw to return to the field and collect integrated agricultural machinery.

The county -level people's governments shall organize the establishment of a service system for straw collection, storage, transportation, and comprehensive utilization, and adopt measures such as financial subsidies to support rural collective economic organizations, farmers' professional cooperation economic organizations, enterprises and other services to carry out straw collection, storage, transportation and comprehensive utilization services.

Article 40 The people's governments at or above the county level shall report to the people's congress or its standing committee at the people at the same year or their standing committees to the completion of environmental conditions and environmental protection goals.

Chapter 4 Information Disclosure and Public Participation

Article 41 The competent department of ecological and environmental and other departments with the responsibilities of the supervision and management of atmospheric environmental protection shall, through the website or other ways to facilitate the public to publicly disclose the total amount of atmospheric environment quality, reduce and control the total amount of key air pollutants discharge, , Pollution Source Supervision and Monitoring, and related administrative licenses, administrative punishment and other atmospheric environment information, improve public participation procedures, and provide convenience for public participation and supervision of atmospheric environmental protection.

The competent authority of the ecological and environmental authorities unified the society's atmospheric environmental quality information, the monitoring information of the key pollution source of the atmospheric key pollution, and other major atmospheric environment information to the society. The quality information of the atmospheric environment should be released in real time. Article 42 Citizens, legal persons, and other organizations may apply to the competent authority of the ecological environment and other departments with the responsibilities of atmospheric environmental protection supervision and management. The department shall provide it in accordance with the law.

Article 43 The competent authority of the ecological environment shall establish a unified reporting platform to publish contact information such as reporting telephones and e -mails.

Those who receive the responsibilities of the ecological environment and other departments with atmospheric environmental protection supervision and management shall be handled in a timely manner and keep confidential for the reporters; if the report of the report is verified, the reporter shall be rewarded in accordance with relevant regulations.

Article 44 Construction projects that have a large opinion of public opinion or have a significant impact on the atmospheric environment shall organize hearing to hear the opinions of the stakeholders and the public, and the hearing results as an important basis for the approved environmental impact assessment document.

Before making major administrative decisions that may cause serious atmospheric environmental impacts, he should listen to the public's opinions in accordance with the provisions of the national and provincial administrative decision -making procedures.

Chapter 5 Legal Responsibility

Article 45 In violation of these regulations, if laws and administrative regulations have stipulated administrative penalties shall be investigated for criminal responsibility in accordance with the law.

Article 46 The provisions of Article 8, paragraph 2 and 3 of these regulations, new and expanded high -polluting industrial projects that are newly built and expanded by enterprise institutions and other manufacturers and operators are used. , Equipment, product, or the transfer of equipment and products listed in the category catalog to others, shall order the supervision and management department determined by the people's governments at or above the county level to make corrections and confiscate illegal income; The people's government approved the suspension and closure.

Article 47 If the provisions of Article 9 of these Regulations, if there is one of the following acts in the key sewage unit, the competent department of the ecological environment shall be ordered to make corrections, and shall be fined by 20,000 yuan or less. Discontinue production:

(1) Do not monitor the air pollutants emitted in accordance with the regulations or monitor the unit with environmental monitoring qualifications;

(2) The preservation period of the original monitoring record is less than five years;

(3) Failure to install and use air pollutants to discharge automatic monitoring equipment in accordance with regulations, or do not connect to the monitoring platform of the competent authority of the ecological environment in accordance with regulations, and ensure the normal operation and data transmission of monitoring equipment;

(4) Those who have not discharged information in accordance with the law.

Article 48: If the provisions of Article 12, paragraph 1 of these regulations, the newly built, rebuilt, and expanded coal -fired heating boiler in the urban completion area does not meet the relevant regulations of the state and the provincial If the reconstruction or demolition of the coal -fired heating boiler that does not meet the relevant regulations shall be ordered by the competent authority of the ecological environment to order or demolish the time limit, and impose a fine of more than 20,000 yuan to more than 200,000 yuan.

Article 49 The provisions of Article 16 (3) of Article 16, paragraph 3 and 4 of these regulations, if there is one of the following acts in the construction unit, the competent departments of the housing and urban and rural construction of the people's government at or above the county level shall be ordered to correct them in accordance with their duties, and Fine fines of more than 100,000 yuan or less; if you refuse to make corrections, it shall be ordered to stop the work:

(1) The construction site does not have a hard closed enclosure, or the effective dust and dust reduction measures such as coverage, segmentation operations, timing construction, water suppression, flushing or cleaning the ground and vehicle;

(2) Building earthwork, engineering residue, and construction waste have not been cleared in time, or they are not covered with a closed dustproof mesh;

(3) Failure to install online monitoring facilities in the construction site of environmental sensitive areas in accordance with regulations.

Article 50 Violations of Article 18, paragraph 1, paragraph 1, the construction unit does not cover the naked ground that cannot be started for the time being, or the naked ground that cannot be opened for construction land that cannot be started for more than three months, greening, and greening, and greening, and greening the ground that cannot be started for construction. For paving or covering, the competent authorities of the people's government at or above the county level shall be ordered to make corrections in accordance with their duties and impose a fine of 10,000 yuan to 100,000 yuan.

Article 51 Violation of the provisions of Article 19, paragraph 1 of these regulations, transportation vehicles that transport coal, garbage, residue, sand, gravel, earth, cement, mortar, etc. If the dust is polluted, the supervision and management department determined by the people's governments at or above the county level shall be ordered to make corrections, and shall be fined 2,000 yuan to 20,000 yuan; if it refuses to correct, the vehicle shall not drive on the road.

In violation of Article 19, paragraph 2 of these regulations, if the loading and unloading materials are not contaminated by closed or spraying, the competent authorities such as the ecological environment shall be ordered to make corrections in accordance with their duties, and a fine of more than 100,000 yuan or less than 100,000 yuan shall be imposed; Those who refuse to correct them shall be ordered to stop work or stop.

Article 52 If the provisions of Article 22 of these Regulations, those who have not established a leakage testing and repair system if the oil, chemical industry, and other organic solvents are not established shall be ordered by the competent department of ecological environment to make corrections within a time limit, and the overdue will not be corrected. , Fined fines below 20,000 yuan. No measures are not taken to perform daily maintenance and maintenance of pipelines, equipment, and tanks, or no measures to reduce material leakage, or fail to collect and deal with leaked materials in time, shall be ordered by the competent ecological environment department to make corrections within a time limit. Fined fines of less than 100,000 yuan; if they refuse to make corrections, they are ordered to suspend production and rectification. Article 53 If the provisions of Article 23 of these Regulations, those who are prohibited by the people's governments in the urban people's government and the fireworks and firecrackers in the region shall be ordered by the supervision and management department determined by the people's government at or above the county level. Fined fines of more than 500 yuan.

Article 54 In violation of Article 24 of these Regulations, those who burn straws and leaves such as open -air shall shall be ordered by the supervision and management department determined by the people's governments at or above the county level, and they may be ordered to correct them, and they may in order fine.

Article 55 If the provisions of Article 30 of these Regulations, those who refuse to implement the emergency measures such as heavy pollution weather such as soil and stone operations or building demolition and construction of the construction site shall Fined fines of more than 100,000 yuan.

Article 56: The local people's governments at all levels, the competent ecological environment departments and other departments with the responsibilities of the supervision and management of atmospheric environmental protection and supervision and their staff have abused their powers, neglect their duties, cheats, and falsify them. Essence

Chapter 6

Article 57 These regulations shall be implemented from October 1, 2022.

Original link: http://www.jl.gov.cn/zw/yw/jlyw/202208/t20220816_8542341.html#

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