Regulations of Jiangsu Province on the Prevention and Control of Atmospheric Pollution
(Adopted at the Third Meeting of the Twelfth People’s Congress of Jiangsu Province on February 1, 2015)
Chapter One General Provisions
Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, Environment protection Law of the People's Republic of China, and other relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of preventing and controlling atmospheric pollution, protecting and improving atmospheric environment, safeguarding public health, boosting ecological civilization construction, and promoting sustainable development of economy and society.
Article 2 These Regulations shall apply to the prevention and control of atmospheric pollution and activities of relevant supervision and administration.
Article 3 Local People’s governments at all levels shall be responsible for the quality of atmospheric environment within their respective administrative regions, formulate plans on the prevention and control of atmospheric pollution, ensure financial input, take measures of prevention and control, strictly control and reduce the total emission of key air pollutants in a planned way, achieve the goal of improving the atmospheric environment quality, and enable the atmospheric environment quality within their administrative regions to meet the standards prescribed by the State and the Province.
The plan on atmospheric pollution prevention and control shall be incorporated into national economic and social development plans, and cohere with the plan on priority zones, the overall plan on land utilization as well as urban- rural planning, combining atmospheric pollution prevention and control with the energy structure adjustment, industrial structure adjustment and development mode transformation.
Article 4 The prevention and control of atmospheric pollution shall follow the principle of giving priority to prevention, combining prevention and control, conducting comprehensive treatment and taking responsibility for damage. A prevention and control mechanism shall be established, which involves government supervision and administration, public participation, collaborative treatment and joint prevention and control.
Article 5 Administrative departments of environment protection of local people’s governments at or above the county level (hereafter referred to as administrative departments of environment protection) shall conduct unified supervision and administration of the prevention and control of atmospheric pollution.
Administrative departments of development and reform, economy and informationization, quality and technology supervision as well as industry and commerce of local people’s governments at or above the county level shall, within their respective duties and functions, supervise and administer the energy consumption and the prevention and control of atmospheric pollution.
Departments of development and reform, economy and informationization as well as commerce of local people’s governments at or above the county level shall, within their respective duties and functions, supervise and administer the prevention and control of industrial atmospheric pollution.
Departments of public security, traffic and transportation, fishery, housing and urban-rural construction as well as agriculture (agricultural machines) shall, within their respective duties and functions, supervise and administer the prevention and control of industrial atmospheric pollution from motor vehicles and vessels and that from non-road mobile machines.
Departments of housing and urban-rural construction, territory and resources, traffic and transportation, public security, water resources, forestry and city management shall, within their respective duties and functions, supervise and administer the prevention and control of dust atmospheric pollution.
Other relevant administrative departments of local people’s governments at or above the county level shall, within their respective duties and functions, supervise and administer the prevention and control of atmospheric pollution.
Article 6 Enterprises, institutions and other production operators shall perform the legal obligations to prevent and control atmospheric pollution, carry out emission and control standards for atmospheric pollutants prescribed by the State and the Province, take effective measures, and prevent and control the pollution caused by production, operation and other activities.
Citizens should voluntarily follow a civilized, frugal and low-carbon consumption pattern and living style, reduce pollutant discharge and collaboratively improve the quality of atmospheric environment.
Article 7 The Provincial people’s government may establish local standards for items not specified in the national standards for the atmospheric environment quality or standards for the discharge of atmospheric pollutants. With regard to those already specified in the national standards for the atmospheric environment quality or standards for the discharge of atmospheric pollutants, it may set local standards which are more stringent than the national standards according to the specific situation of this Province. The local standards for the atmospheric environment quality or standards for the discharge of atmospheric pollutants shall be reported to the administrative department of environment protection under the State Council for record.
Article 8 Local people’s governments at all levels and their relevant departments shall encourage and support the scientific and technological research relating to the prevention and control of atmospheric pollution, and disseminate advanced, practical technologies and devices for the prevention and control of atmospheric pollution.
Local people’s governments at all levels and their relevant departments shall strengthen the publicity of the atmospheric environment protection, spread the laws and regulations and scientific knowledge on the protection and control of atmospheric environment, enhance public awareness of the protection and control of atmospheric environment and promote the public participation in the protection and control of atmospheric environment.
Local people’s governments at all levels shall provide necessary support and assistance to pollutant-discharging units which take initiative to carry out technical upgrade, equipment renovation, energy substitution so as to perform the standards for the discharge and control of atmospheric pollutants which are more stringent than the national and provincial standards; they shall reward the units and individuals that have made outstanding achievements in prevention and control of atmospheric pollution or in the protection and improvement of atmospheric environment.
Chapter II Supervision and Management
Article 9 A system of total emission control on key atmospheric pollutants shall be carried out, to gradually reduce the discharge of key atmospheric pollutants.
Provincial people’s government shall reduce and control the total emission of key atmospheric pollutants in this Province as prescribed by the State Council, allocate the discharge quota of key atmospheric pollutants to people’s governments of cities divided into districts, counties (cities) on the basis of having considered such factors as environment capacity comprehensively. People’s governments of cities divided into districts, counties (cities) shall further allocate the discharge quota of key atmospheric pollutants to pollutant-discharging units according to the discharge quota of key atmospheric pollutants within their respective administrative region.
Besides the key atmospheric pollutants whose total emission has been decided to reduce and control by the State, the Provincial People’s government may, according to the atmospheric environment quality and the need of prevention and control of atmospheric pollution of this Province, decide the key atmospheric pollutants whose total emission shall be reduced and controlled in this Province.
In areas where the annual total emission of key atmospheric pollutants exceeds the allocated discharge quota, administrative departments of environment protection shall suspend the examination and approval of evaluation documents on the environmental influence of construction projects which will increase the total emission of key atmospheric pollutants in this area, and the department of project examination and approval shall not approve the construction. The construction unit shall not start the construction.
Article 10 The discharge quota of key atmospheric pollutants allocated to existing pollutant-discharging units shall be decided by administrative departments of environment protection according to the present emission amount, industrial development plan and requirements of clean production as well as the implementation plan of total emission control of key atmospheric pollutants within its administrative region, and the decision shall be reported to the people’s government at the corresponding level for check and verification.
For newly-constructed, expanded or reconstructed projects which discharge key atmospheric pollutants, construction units shall apply to administrative departments of environment protection for quota of total emission of key atmospheric pollutants as prescribed before they submit the document of evaluation on environmental influence for approval. Administrative departments of environment protection shall allocate the quota of total emission of key atmospheric pollutants according to the principle of reducing the emission for replacement.
Article 11 On the premises of strict control of total emission of key atmospheric pollutants and implementation of reduction plan of total emission in this province, trades on the right of emission of key atmospheric pollutants may be conducted under the principle of favoring the reduction of total emission, in accordance with relevant national stipulations. The insufficient part of the increased quota of total emission of key atmospheric pollutants for newly-constructed, expanded or reconstructed projects may be obtained via trades on the right of pollutant emission according to relevant stipulations.
Article 12 A licensing management system for the discharge of atmospheric pollutants shall be conducted. Enterprises and institutions discharging industrial waste gases or toxic or harmful atmospheric pollutants to atmosphere, production and operation units of coal as heating resources for central heating system, and other units which shall obtain pollutant emission licenses according to stipulations, shall apply to local administrative departments of environment protection for pollutant emission licenses. Any unit shall not discharge atmospheric pollutants without pollutant emission licenses or against the discharge standards, quota of total emission and other requirements prescribed in the pollutant emission licenses.
Article 13 Pollutant-discharging units shall pay pollutant discharge fees in accordance with the State regulations. For matters not prescribed in the national standards for collecting the fees for discharging pollutants, the Provincial people’s government may formulate local standards for collecting the pollutant discharge fees according to the needs of prevention and control of atmospheric pollution and shall report them to relevant departments of the State for record. The pollutant discharge fees collected shall be used only for particular purposes.
When pollutant-discharging units pay fees for discharging pollutants, they are not exempt from the liabilities of preventing and controlling pollution and compensating for damage caused by pollution, or any other liabilities prescribed by law, regulations and these Regulations.
Article 14 The provincial administrative department of environment protection shall be responsible for organizing a network of monitoring the atmospheric environment quality and for establishing a platform for monitoring and controlling pollutant sources. It shall monitor atmospheric environment quality and atmospheric pollutant discharge, and forecast weather on heavily-polluted days along with provincial meteorological institutions.
Article 15 Local people’s governments at or above the county level shall strengthen the prevention, control and monitoring of atmospheric pollution, improve early warning capability, coordinate with relevant departments on the site selection of monitoring stations and include the fees for the construction, operation and maintenance of monitoring stations in financial budgets.
The establishment of monitoring stations of atmospheric environment quality shall be conducted in a scientific and reasonable way and in accordance with the technical specifications of monitoring. It shall not be changed, adjusted or revoked without the permission of the establishment departments.
Article 16 Where pollutant-discharging units, in violation of law, regulations and these Regulations, discharge atmospheric pollutants and have caused or may cause serious pollution, administrative departments of environment protection and other departments which are responsible for the supervision and administration of atmospheric environment protection may seal up and detain the facilities and equipment which cause the discharge of pollutants.
Article 17 A target responsibility system and assessment system for total emission control of key atmospheric pollutants and improvement of atmospheric environment quality shall be implemented.
Local People’s governments at or above the county level shall introduce the management of the total emission quota of key atmospheric pollutants and the fulfillment of the target of atmospheric environment quality improvement into the assessment system of the departments of the people’s governments at the corresponding level which are responsible for the supervision and administration of environment protection and the person in charge, and people’s governments of the lower level and the person in charge, as important assessment bases. The result of assessment shall be published to the public.
For areas where the emission amount exceeds the quota of total emission of key atmospheric pollutants or the atmospheric environment quality improvement target is not achieved, the provincial administrative departments of environment protection, along with relevant departments such as supervision departments, shall have a meeting with the persons mainly in charge of local people’s governments. The information of the meeting shall be made announcements to the public.
Article 18 Local People’s governments at or above the county level shall report the conditions of atmospheric environment and the target achievement to the People’s Congress at the corresponding level or its Standing committee every year and are subject to supervision in accordance with law.
The Standing Committees of local People’s Congress at or above the county level shall regularly carry out inspection on the enforcement of laws and regulations on the prevention and control of atmospheric pollution, and strengthen supervision in accordance with law.
Chapter III Information Publication and Public Participation
Article 19 Citizens, legal persons and other organizations shall enjoy the right of receiving information of atmospheric environment, participating in and supervising atmospheric environment protection in accordance with law.
Article 20 Administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection shall make public information on atmospheric environment, such as the atmospheric environment quality, reduction and control of total emission of key atmospheric pollutants, supervision and monitoring of pollutant sources, and relevant administrative permits, administrative punishments, the collection of pollutant discharge fees and their usage, improve the procedure for public participation, and provide convenience for the public to participate in and supervise the protection of atmospheric environment.
Administrative departments of environment protection shall uniformly make public the information on atmospheric environment quality within this administrative region, information on monitoring key atmospheric pollutant sources, and other significant information on atmospheric environment. Information on atmospheric environment quality shall be publicized in real time.
Administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection shall make public information on the atmospheric environment via Internet or in other ways which are convenient for announcements to the public.
Article 21 Administrative departments of environment protection shall conduct supervisory monitoring and inspection of atmospheric pollutants discharged by pollutant-discharging units. The results of monitoring and inspection shall be considered as important bases for the environmental administration such as environmental credit management, allocation of quota of total emission of pollutants, environmental examination and approval of construction projects, and shall be publicized to the public.
Article 22 A unit which discharges industrial waste gases or toxic or harmful gases shall according to relevant national stipulations and monitoring standards, monitor the emission of atmospheric pollutants by itself or by entrusted qualified monitoring institutions, keep monitoring records and ensure the truthfulness and reliability of the records, publicize the records to the public via Internet or in other ways convenient for the public. The monitoring records shall be kept for no less than three years.
Key pollutant-discharging units shall in accordance with relevant national stipulations and monitoring standards, install equipment automatically monitoring or supervising the discharge of atmospheric pollutants, connect the equipment to the monitoring systems of administrative departments of environment protection, ensure the normal operation and data transmission of monitoring equipment, truthfully publicize the names, ways of emission, emission concentration, total emission and excessive emission of major pollutants to the public as well as the construction and operation of facilities for the protection and control of pollution, and be subject to the supervision of the public.
The name lists of key pollutant-discharging units shall be decided and publicized by the administrative departments of environment protection.
Article 23 Where major administrative decisions may cause serious influence on atmospheric environment quality, the people’s governments which make decisions or relevant departments shall listen to the public’s opinions by means of demonstration conferences, hearings, etc. in advance.
Article 24 Citizens, legal persons and other organizations may apply to administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection for information on atmospheric environment. Administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection shall provide it in accordance with law.
Article 25 When citizens, legal persons and other organizations find any unit or individual conducts an act which pollutes atmospheric environment, they shall have the right to make a report or complaint to the administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection. Administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection shall publicize the telephone numbers and websites, etc. for reports and complaint to make public report and complaint convenient.
After receiving a report or complaint, administrative departments of environment protection and other departments responsible for the supervision and administration of atmospheric environment protection shall handle the matters within their duties and functions in accordance with law and inform the informant and complainant of the result; for matters beyond their duties and functions, they shall transfer them to the competent departments, and the competent departments shall handle them in accordance with law and inform the informant and complainant of the result.
Departments which receive the report shall keep the informant confidential. Once the report is verified, the informant shall be rewarded.
Chapter IV Measures of Prevention and Control of Atmospheric Pollution
Part One Prevention and Control of Atmospheric Pollution Caused by Energy Consumption
Article 26 This Province shall conduct the control on total amount of coal consumption.
The administrative departments of reform and development shall along with other relevant departments make a plan for the adjustment of energy structure, set a target of total control of coal consumption, formulate steps for implementation and gradually realize the negative increase in the total amount of coal consumption.
People’s governments of cities divided into districts and counties (cities) shall make a plan for coal reduction and clean energy renovation and implement the plan according to the target of total control of coal consumption.
Local people’s governments at or above the county level shall adopt economic and technological policies and measures beneficial for the reduction of the total coal consumption, upgrade energy structure, encourage and support the development and use of clean energy and instruct enterprises to use clean energy as an alternative.
Article 27 It shall be forbidden to set up self-equipped coal power stations affiliated to newly-built constructions. Except for cogeneration projects, it shall be forbidden to approve newly-built electricity generation projects fueled by coal; if the volume of existing assembled coal-fired units meets the national prescribed standards, the high-volume coal-fired units may be built under the principle of equivalent substitution. The newly-built high-volume coal-fired units shall at the same time install advanced and efficient facilities of desulphurization, denitration and dust removal so that the intensity of atmospheric pollutant discharge basically reaches the emission limit of gas turbine units.
The existing coal-fired units shall have facilities of desulphurization, denitration and dust removal improved and renovated through advanced and efficient techniques so as to make the intensity of atmospheric pollutant discharge meet the standards prescribed by the state and the province; or substitute coal for clean energy such as natural gas according to standards prescribed by the state and the province.
Article 28 It shall be forbidden to import, sell or burn coal which fails to meet the standards and the use of high-grade washed coal shall be encouraged.
It shall be forbidden to burn raw bulk coal in the urban built-up area or sell bulk coal or briquette which fails to meet the standards.
Article 29 People’s governments of cities divided into districts and counties (cities) shall organize to make the district-heating plan, establish and improve the heating system, carry out central heating system for heat-consuming units in the industrial park (industrial concentration areas) and urban built-up areas, and gradually expand the coverage of heating pipeline network.
In the area covered by the gas pipeline network and central heating pipeline network, no facilities using coal, heavy crudes or oil sludge shall be constructed or expanded and the existing dispatched coal-fired boilers shall be dismantled within a prescribed time limit. In the areas not covered by central heating pipelines, , efficient dust-removal renovation shall be conducted and clean fuels shall be used when the existing boilers fail to meet the emission standards.
Article 30 People’s governments of cities with subordinate districts and counties (cities) shall set and expand the forbidden area for heavily polluting and report it to the provincial administrative departments of environment protection for record.
Any new construction or expansion of facilities using heavily polluting fuels shall not be conducted in the forbidden areas for heavily polluting fuels; all existing facilities using heavily polluting fuels in the areas shall either be shut down within a prescribed time limit or use other clean energy such as natural gas, liquefied petroleum gas and electricity as substitutes..
Article 31 Coal-fired boilers except for cogenerated ones shall not be installed in urban built-up areas; coal-fired boilers with a capacity under 10 steam tons per hour shall not be installed in other areas.
People’s governments of cities divided into districts and counties (cities) shall formulate annual plans for the regularization of boilers in their administrative regions, and complete the regularization of all kinds of boilers according to the national and provincial emission standards in stages and areas.
Part II Prevention and Control of Industrial Atmospheric Pollution
Article 32 People’s government of this Province shall regularly make or revise the catalogue of industrial projects which cause serious pollution and shall be prohibited from new construction and expansion, the adjusted catalogue of seriously polluting industrial projects and the catalogue of techniques which cause serious pollution and shall be eliminated. The catalogues shall be published to the public.
People’s governments of cities divided into districts and counties (cities) shall make and implement plans for eliminating or regulating the existing industrial projects which cause serious pollution.
The listed industrial projects which cause serious pollution shall be prohibited from new construction and expansion.
The technical equipment which causes serious pollutions and is listed in the catalogue of elimination shall be forbidden from use. Enterprises shall not transfer the eliminated technical equipment which causes serious pollution to others for use.
Article 33 A differentiated water, electricity and gas pricing policy shall be executed on the enterprises whose energy consumption exceeds quotas or whose discharge of major atmospheric pollutants exceeds the prescribed standard. The detailed measures shall be made by administrative departments of price, environment protection, economy and informationization, and finance of this province.
Article 34 A system monitoring and controlling atmospheric pollution shall be set up in industrial parks (industrial concentration areas)according to the requirements of administrative departments of environment protection and connected to the monitoring platform of administrative departments of environment protection. The park shall monitor the quality of atmospheric environment and discharge of pollutants in real time and give timely alerts.
Article 35 Enterprises shall use the techniques and equipment which have high resource utilization and discharge few pollutants, and adopt the most practical technology to control atmospheric pollutants and reduce the production of atmospheric pollutants.
The administrative department of environment protection of this province shall organize to publicize the catalogue of the most practical technologies of atmospheric pollutant control.
Article 36 The new construction, reconstruction and expansion of industrial projects in the field of steel, construction material, petrochemical, nonferrous metal and chemical industry which cause serious atmospheric pollution shall be strictly limited.
Where the newly-constructed, reconstructed or expanded industrial projects causing serious pollution discharge atmospheric pollutants such as smoke, dust, sulphide and nitrogen oxide in the process of production, emission reduction devices such as dust removal, desulfuration, and denitrification shall be installed and used, or other measures to control the discharge of atmospheric pollutants shall be adopted.
Where the existing industrial projects causing serious pollution discharge atmospheric pollutants such as smoke, dust, sulphide and nitrogen oxide in the process of production, they shall improve the atmospheric pollutant discharge standard according to relevant stipulations of the State or the province, carry out compulsory clean production examination and approval and implement technology renovation on clean production according to requirements of administrative departments of environment protection.
Article 37 Where toxic and harmful atmospheric pollutants are generated in the production and operation process, pollutant-discharging units shall install collection and purification devices or take other measures to meet the emission standard prescribed by the State or the Province or other relevant requirements. Toxic and harmful atmospheric pollutants shall not be directly discharged.
In the transportation, loading and unloading and storage of substances that may diffuse toxic or harmful atmospheric pollutants, sealing or other protective measures must be taken.
Article 38 The production and operation activities which generate waste gases composed of volatile organic compound shall be conducted in sealed space or equipment and facilities; a pollution preventing and controlling system including waste gas collection and disposal facilities shall be installed and well maintained. For production and operation activities such as shipbuilding which cannot be conducted in sealed space or equipment, effective measures shall be taken to reduce the emission of volatile organic compounds.
Petroleum, chemical and other enterprises which produce and use organic solvents shall establish a system of leakage inspection and repair, maintain the pipeline and equipment on a regular basis and collect and dispose leaked substances in time.
The provincial administrative department of environment protection shall publicize the catalogue of key volatile organic compounds under control to the public.
Article 39 New construction and expansion of industrial construction projects which discharge fetor shall be limited strictly. Existing pollutant-discharging units which discharge fetor pollutant such as chemical, petrochemical, pharmaceutical, tanning, bone glue refining, biological fermentation and feed processing industry shall adopt advanced technology, technique and equipment to reduce the emission of fetor pollutant within a time limit prescribed by the administrative department of environment protection; for those failing to make a correction within the time limit, production shall be restricted, suspended, or shut down.
Article 40 In oil and gas storage tanks, petrol and gas stations, crude oil and refined petroleum product terminals, crude oil and refined petroleum product shipping vessels, oil and gas tankers, etc., oil vapor recovery devices shall be installed according to standards and maintained according to prescription. No unit or individual shall dismantle, leave idle or transform oil and gas recovery devices without permission.
Oil storage tanks and petrol stations failing to install oil and gas recovery devices according to the stipulation shall not pass the environmental acceptance examination or obtain the qualification for petroleum product operation. Oil tankers failing to install oil and gas recovery devices according to the provisions shall not pass the environmental test for vehicles or go through formalities for vehicle operation.
Part III Prevention and Control of Atmospheric Pollution Generated by Motor Vehicles and Vessels and Non-Road Mobile Machines
Article 41 Local people’s governments at or above the county level shall establish and improve an coordination mechanism to prevent and control pollutant discharge by vehicles, adopt prevention and control measures such as improving control standard, implementing sign administration, conducting treatment within a time limit, as well as updating and eliminating.
Article 42 Local people’s governments at or above the county level shall optimize city’s function and layout, promote intellectual traffic management, implement the strategy of public transportation priority, strengthen the construction of pedestrian and bicycle traffic system, guide the public to travel in a green and environment-friendly way.
Article 43 Provincial people’s government may prescribe the phrased emission standards for vehicles in advance on the newly bought vehicles in this province or within the administrative area of the cities divided into districts, according to the need of prevention and control of pollutant discharge by vehicles, with the approval of the State of Council according to law.
Article 44 Local people’s governments at or above the county level shall make relevant policies according to the need of prevention and control of pollutant discharge by vehicles, construct infrastructure accordingly, promote new-energy vehicles, support the use of new-energy vehicles in the industry of public transportation, environment, medical care, post service and electric power, and in the governments.
Article 45 People’s governments of cities divided into districts and counties (cities) shall reasonably restrict the motor vehicle ownership and the ownership of motor-cycles in downtown according to the need of prevention and control of atmospheric pollution as well as the development plan of society and economy and city planning.
After the public’s opinions are solicited openly, measures of restricting the vehicle ownership shall be deliberated and approved by the standing committee of the people’s congress at the corresponding level and announced to the public thirty days before the implementation.
Article 46 If the vehicles in use still fail to meet relevant requirements in national pollutant discharge standards after being repaired and adjusted or adopting control technology, they shall be scrapped according to the national stipulation.
Transportation administration units of public security departments shall take over the vehicles which have reached the standards for scrapping but still run on the road and have them scrapped.
Article 47 A classified management system of environment protection signs shall be carried out on vehicles in use. Environment protection signs are classified as green ones and yellow ones.
People’s government of cities divided into districts and counties (cities) may set the area and time of forbidding the entry of vehicles with the yellow environment protection sign, and install a system automatically identifying the non-entry signs and environment protection signs, according to the requirements such as the city planning and atmospheric environmental function zoning.
Article 48 Discharge of pollutants into the atmosphere by vessels shall meet relevant emission standards.
Vessels shall not use incinerators in inland waters or burn ship garbage. Vessels carrying dangerous cargos shall not conduct air purge or fumigation in inland waters such as urban channels in the downtown, crowded navigation areas, ferry areas, ship locks, large bridges, underwater channels. Vessels may use incineration or conduct air purge in harbor areas after approval by relevant departments according to relevant stipulations of the State.
Administrative departments of traffic and transportation shall be responsible for promoting the renovation of oil-gas power system of vessels. Administrative departments of development and reform shall incorporate the construction of shore power system for vessels on the berth into the plan of clean energy utilization and development.
Article 49 Discharge of pollutants into atmosphere by non-road mobile machines shall meet relevant emission standards prescribed by the state and the province. Where the discharge of non-road mobile machines exceeds the prescribed standards, correction shall be made within a time limit. If it fails to meet the emission standard after correction made within the time limit, administrative departments of environment protection, housing and urban-rural construction and agricultural machinery shall ban the use of the machines.
Administrative departments of environment protection of cities divided into districts may set areas where non-road mobile machines with high pollutant discharge is banned..
A management system of environment protection signs for urban non-road mobile machines with high pollutant discharge shall be implemented. Specific measures shall be stipulated separately by the Provincial People’s government.
Part IV Prevention and Control of Dust Atmospheric Pollution
Article 50 People’s governments of cities divided into districts and counties (cities) shall establish and improve a system on the prevention and control of dust pollution, organize to set urban dust pollution control areas and clarify the control target and control measures in the urban dust pollution control areas.
Article 51 For plants of steel, thermal power, and construction materials, ports and wharfs and material storage spots on construction sites, the ground shall be hardened as required and measures such as sealing, fencing, covering, watering, greening, installing windproof and dust suppression nets shall be taken. Loading and unloading of materials shall be conducted in sealed space if operation in sealed spaces is feasible, so as to avoid dust emission during the operation. Sealed storage and delivery devices shall be set up in large-scaled coal yards and material storage spots.
For the exits of material storage spots, ground shall be hardened and vehicle cleaning facilities shall be installed. Vehicles shall not leave the operation sites without being thoroughly cleaned. The construction units and business operators of material storage spots shall timely clean and wash the road at the exit, leaving no visible traces of mud or material on the road.
Article 52 Construction units shall take the responsibility of preventing and controlling the dust pollution in the construction, and include the cost of dust pollution prevention and control into the project budget. Construction units shall require the operation units to make a plan for the prevention and control of dust pollution and entrust supervision units to supervise the implementation of the plan.
Operation units shall follow stipulations on the environment protection at the operation sites, establish relevant responsibility and management systems, make plans to prevent and control dust pollution and take measures to effectively control and reduce dust pollution such as covering the bare land, separated operation, operation in suitable time, watering for suppressing dust and cleaning the ground and vehicles.
Article 53 Construction units that dismantle houses or other buildings (structures) shall be equipped with dustproof and dust suppression facilities, and be responsible for controlling the dust pollution in the dismantling. When dismantling houses or other buildings (structures), fences shall be installed, and measures such as continuous pressured spay shall be taken so as to suppress dust. If blasting operation is necessary, water shall be sprayed on the surrounding area of the blasting operation.
When wind speed is over level 5 according to weather forecasts, the blasting or dismantling of houses or other buildings (structures) shall be suspended.
If the construction may not be started within seven days after the completion of dismantling project, the bare land shall be covered, greened or paved.
Article 54 Administrative departments of city appearance and environmental sanitation of People’s government of cities divided into districts and counties (cities) shall promote the mechanized way of road cleaning and washing, and according to the requirements of the operation standard, reasonably allocate operation time, properly increase the operation frequency, and improve operation quality.
Administrative departments of People’s government of cities divided into districts and counties (cities) shall timely repair the crumbling roads and avoid soil being exposed.
Article 55 Units managing and maintaining all kinds of green lands such as public green lands and green belts shall be responsible for green maintenance for the purpose of prevention and control of dust pollution.
Bare land in the newly-built public green lands and green belts shall be covered. The covering soil of tree ponds, flower beds and green belts shall not be higher than the edge. The spot shall be timely cleared up after the completion of greening operation.
Article 56 Mines shall be exploited and treated at the same time and the ecological environment shall be restored timely. Waste rocks, debris, soil and other substances shall be dumped on a designated spot and measures to prevent dust pollution, such as fencing, setting up dustproof nets or cloth, shall be taken; operation sidewalks shall be hardened and kept out of cumulated dust.
During the process of mining and before the suspension or closure of the mine, the mining right holder shall repair the crumbled roads and slopes and faults of open-pit mines, restore the vegetation, deal with mining wastes as prescribed, comprehensively treat and restore the geological environment of the mine and prevent dust pollution.
Article 57 People’s government of the city with subordinated districts and counties (cities) shall organize the planning and construction of disposal sites for construction garbage and debris, promote the comprehensive utilization of resources, standardize disposing process and avoid second dust pollution.
Vehicles which transport construction garbage and debris shall be sealed or other measures shall be taken to prevent leaking, falling of construction garbage and debris and causing dust pollution. Administrative departments of city appearance and environmental sanitation of People’s government of cities divided into districts and counties (cities) shall strengthen the supervision on the vehicles transporting construction garbage and debris, standardize the disposal of construction garbage and debris and investigate into and deal with leaking incidents according to law.
Article 58 Units discharging dust pollutants to the atmosphere shall pay dust pollutant discharge fees. Dust pollutant discharge fees collected shall be used exclusively for prevention and control of dust pollution. The collection and arrangement of the fees shall be formulated by the provincial administrative departments of finance, price and environment protection.
Part V Prevention and Control of Other Atmospheric Pollution
Article 59 No new construction or expansion of the catering service projects which discharge cooking fume shall be conducted in the following places:
(1) non-commercial buildings such as residential buildings;
(2) commercial and residential complexes without affiliated flues;
(3) and commercial floors adjacent to residential floors in a commercial and residential complex.
It shall be prohibited to grill food by the sides of urban major or minor streets, in residential areas, parks and beyond the area designated by the green land protection units.
Article 60 Operators of the catering service industry shall take the following measures to prevent the atmospheric pollution:
(1) installing cooking fume purifying facilities, and conducting cleaning and maintenance on a regular basis to ensure the normal function;
(2) installing special flues for the catering service according to the standards;
(3) and for catering enterprises with an operation area over 500 square meters, online cooking fume monitoring facilities shall be installed.
Article 61 Operators engaging in the services such as dry cleaning, vehicle maintenance shall install facilities to prevent and control pollution such as disposing odor, waste gases according to relevant standards and requirements prescribed by the State and ensure its proper use to prevent it from affecting the surrounding environment.
Article 62 Local people’s governments at all levels shall make and implement policies and measures in finance, investment, taxation and pricing so as to promote the utilization of stalks, promote the mechanized returning of stalk , encourage the development of products such as biomass energy, feed and artificial boards using stalks as raw materials and enhance the comprehensive utilization of crop stalks. Administrative departments of agriculture (agricultural machinery) of local people’s governments at or above the county level shall according to their respective duties and functions supervise and administrate comprehensive unitization of crop stalk.
No stalk shall be burned in the open air.
Article 63 It shall be prohibited to burn in the open air asphalt, linoleum, rubber, plastics, garbage, leather, and other substances that may produce toxic, harmful and smelly gases.
It shall be prohibited to burn leaves in the open air of the urban built-up areas.
Article 64 Administrative departments of agriculture of local people’s governments at or above the county level shall organize to promote the new technology of slow-release fertilizers, guide agricultural operators to use agricultural inputs such as pesticides and fertilizers in a scientific and reasonable way, so as to reduce the emission of ammonia.
Article 65 Any unit or individual which engages in livestock breeding or slaughtering shall take effective measures to prevent the pollution to surrounding environments. No livestock farms or slaughterhouses shall be operated in densely-populated areas such as schools, hospitals, residential areas or public areas.
Article 66 The discharge of radioactive gas and aerosol shall meet relevant national stipulations on prevention and control of radioactivity and shall not exceed the prescribed emission standards.
Article 67 People’s governments of the cities divided into cities and counties (cities) shall decide the time, area and type of restricting or banning setting off fireworks and firecrackers according to the actual situations of this administrative region. It shall be forbidden to set off fireworks and firecrackers against regulations.
Chapter V Joint Prevention and Control Of Atmospheric Pollution In Different Areas
Article 68 Provincial people’s government shall, according to relevant national stipulations, establish coordination mechanism to prevent and control atmospheric pollution with provinces and cities in the Yangtze delta regions and other neighboring provinces, regularly negotiate to solve major issues on prevention and control of atmospheric pollution, take unified measures of prevention and control and promote the regional coordination of prevention and control of atmospheric pollution.
Article 69 Relevant departments of the provincial people’s government shall, along with relevant departments of provinces and cities in the Yangtze delta regions and other neighboring provinces, establish a negotiation and coordination mechanism, share information on atmospheric environment quality, optimize industrial structure and layout, report significant pollution accidents which may have cross-border effects on atmosphere, establish a joint emergency response mechanism of early warning on atmospheric pollution, dissolve cross-region disputes on atmospheric pollution and promote the joint prevention and control of atmospheric pollution between provinces.
Article 70 The Provincial people’s government shall according to the requirements of joint prevention and control of atmospheric pollution in key areas prescribed by the State, in the light of the priority zone planning, atmospheric environment conditions in the areas and diffusing patterns of atmospheric pollutant, designate key areas for prevention and control of atmospheric pollution of this province, coordinate the prevention and control of atmospheric pollution in the areas.
Article 71 The administrative departments of environment protection of the provincial people’s government shall, along with relevant people’s governments of cities divided into districts, within the key areas for prevention and control of atmospheric pollution of this province, in the light of the regional economic and social development and capability of atmospheric environment, make a plan on the prevention and control of atmospheric pollution in the areas, clarify the target in joint control, optimize economic layouts in the areas, coordinate traffic management, develop clean energy, propose major tasks and measures in prevention and control, and improve atmospheric environment quality in the areas.
Article 72 Relevant people’s governments within the key areas shall strengthen communication and coordination, share information of atmospheric environment quality, coordinate the settlement of cross-region disputes on atmospheric pollution, launch joint law enforcement, investigate into and deal with illegal acts of atmospheric pollution within the areas and jointly do well on the work of prevention and control of atmospheric pollution within the areas.
If the construction projects may cause negative effects on atmospheric environment in neighboring administrative regions, the administrative departments of environment protection shall consult with the administrative departments of environment protection in the neighboring administrative regions when reviewing the documents of environmental impact assessment.
Chapter VI Early Warning and Emergency Response
Article 73 A system of monitoring, early warning and emergency response shall be established against heavily-polluted air weather.
Administrative departments of environment protection shall, along with relevant departments such as meteorology, establish a mechanism of early warning and negotiation on heavily-polluted weather and predict and monitor the atmospheric environment quality.
Local people’s governments at or above the county level shall incorporate heavily-polluted weather into the emergency response system, make and improve the contingency plan to deal with heavily-polluted weather and publicize it to the public.
Article 74 When serious atmospheric pollution has caused or may cause danger to public health or safety, local people’s governments at or above the county level shall launch contingency plans in time, release early-warning information concerning heavily-polluted weather via media according to the prescribed procedures and implement the following responding measures according to the level of early warning:
(1) ordering relevant enterprises to suspend or restrict production;
(2) imposing driving restriction on part of vehicles;
(3) banning fireworks and firecrackers;
(4) suspending or restricting the constructions and operations which are likely to cause dust pollution;
(5) prohibiting food grilling in the open air;
(6) suspending outdoor activities in kindergartens and schools;
(7) calling off sports competitions or other group activities held in the open air; and
(8) other emergency responding measures prescribed by the state or the province.
Enterprises or institutions and citizens shall cooperate with governments and other relevant departments to take measures in response to heavily-polluted weather.
Article 75 Any unit to which an atmospheric environment emergency may happen shall formulate contingency plans according to relevant stipulations of the state or the province, report them to the administrative departments of environment protection of local people’s government for record. When the atmospheric environment emergency has happened or may happen, the unit shall launch the contingency plan immediately, take measures to deal with it so as to prevent the spread of pollution, timely report it to the units and residents which may be harmed by atmospheric pollution, as well as to the administrative departments of environment protection of local people’s government.
Article 76 The emergency response to atmospheric pollution accidents shall be executed according to laws and regulations such as the Law of the People's Republic of China on Environmental Prevention and Emergency Response Law of the People's Republic of China.
Chapter VII Legal Liabilities
Article 77 Anyone who violates Article 12 of these Regulations and commits any of the following acts, shall be ordered by the administrative departments of environment protection to stop discharging pollutants or to restrict or suspend production for rectification, and subject to a fine between RMB 100,000 yuan and RMB 1,000,000 yuan, and shall, in serious circumstances, be ordered to shut down after approval by the competent authorities:
(1) discharging atmospheric pollutants without discharging licenses;
(2) or discharging atmospheric pollutants exceeding the standards prescribed by discharging licenses or the total emission quota.
Where the unit discharges atmospheric pollutants without a pollutant discharging license and refuses to stop the discharge, the administrative departments of environment protection shall, if the case does not constitute a crime, transfer the case to the departments of public security. The person directly in charge of or other persons directly responsible for the operation shall be detained according to law.
Anyone who fails to follow the stipulations in the pollutant discharging license and discharges atmospheric pollutions shall be ordered by the administrative department of environment protection to make correction within a time limit, and be subject to a fine between RMB 20,000 yuan and RMB 200,000 yuan. In serious situations,, the administrative departments of environment protection shall revoke the pollutant discharging licenses.
Article 78 Anyone who violates Article 22 in these Regulations and commits any of the following acts, shall be ordered by the administrative departments of environment protection to make correction within a time limit and be subject to a fine between RMB 20,000 yuan and RMB 200,000 yuan. Whoever refuses to make corrections shall be ordered to suspend production for rectification:
(1) for units discharging industrial waste gases or toxic and harmful atmospheric pollutants, failing to monitor the discharge of atmospheric pollutants as required; or
(2) for the key pollutant-discharging units, failing to install equipment automatically monitoring and supervising discharge of atmospheric pollutants, or failing to connect to monitoring system of the administrative departments of environment protection and ensure the normal operation of monitoring equipment as required.
Any pollutant-discharging unit which violates Article 22 of these Regulations and fails to keep or publicize information such as monitoring data as required, shall be ordered by the administrative departments of environment protection to make correction within a time limit and be subject to a fine between RMB 20,000 yuan and RMB 100,000 yuan.
Article 79 Anyone who violates the first paragraph of Article 27 in these Regulations and establishes self-equipped coal power stations affiliated to newly-built constructions, shall be ordered by the administrative departments of environment protection to stop the illegal acts and be subject to a fine betweeen RMB 50,000 yuan and RMB 200,000 yuan. The stations shall be ordered to be shut down or be dismantled within a time limit after approval of the competent authority.
Article 80 Anyone who violates the second paragraph of Article 28 of these Regulations and sells bulk coal or briquette which fails to meet the standards, shall be ordered to stop selling by the departments of supervision and management, have his unlawful income confiscated and be subject to a fine of not less than the equivalent value of the goods but not more than three times thereof.
Article 81 Anyone who commits any of the following acts shall be ordered by the administrative departments of environment protection to conduct dismantlement within a time limit or have relevant facilities confiscated, and be subject to a fine between RMB 20,000 yuan and RMB 100,000yuan:
(1) violating the second paragraph of Article 29 of these Regulations and constructing or expanding facilities using coal, heavy crudes or oil sludge in the areas covered by gas pipeline network and central heating pipeline network;
(2) violating the second paragraph of Article 30 of these Regulations and constructing or expanding facilities heavily polluting fuels in the forbidden areas for heavily polluting fuels, or continuing using heavily polluting fuels after the prescribed time limit;
(3) violating the first paragraph of Article 31 of these Regulations and installing coal-fired boilers except the cogeneration in the urban built-up areas, or installing coal-fired boilers under ten vapor tons per hour in other areas.
Article 82 Anyone who violates Article 32 of these Regulations and constructs or expands the industrial projects listed in the catalogue, uses highly-polluting and shall-be-eliminated technique and equipment, or transfers the technique and equipment to others for use, shall be ordered by the general administrative departments of economy to make correction and have the illegal income confiscated, shall be further ordered, if no correction is made, to suspend production and shut down after approval of the competent authority.
Article 83 Anyone who violates the first paragraph of Article 38 of these Regulations and fails to carry out production and operation activities which generate waste gases composed of volatile organic compound in sealed space or equipment or fails to install and use facilities to prevent and control pollution as required, shall be ordered by the administrative departments of environment protection to make correction and be subject to a fine between RMB 20,000 yuan and RMB 200,000 yuan, and shall be further ordered, if no correction is made, to suspend production for rectification.
Anyone who violates the second paragraph of Article 38 of these Regulations and fails to establish a system of leakage inspection and repair, shall be order by the administrative department of environment protection to make correction within a time limit and shall further, if no correction is made within the time limit, be subject to a fine between RMB 10,000 yuan and RMB 100,000 yuan shall be imposed.
Article 84 Where in violation of the provisions of the first paragraph of Article 40 of these Regulations, gas storage tanks, petrol and gas stations, or oil and gas tankers fail to install oil and gas recovery devices as required, the administrative departments of environment protection shall order it to make correction within time limit, impose a fine between RMB 20,000 yuan and RMB 100,000 yuan on the owner or operator of gas storage tanks and petrol and gas stations, or impose a fine between RMB 10,000 yuan and RMB 50,000 yuan on the owner or operator of the oil and gas tankers; where anyone fails to properly use oil and gas recovery devices or dismantles, leaves idle or transforms oil and gas recovery devices without permission, the administrative departments of environment protection shall order to make correction within a time limit and impose a fine between RMB 20,000 yuan and RMB 100,000 yuan on the owner or operator of the oil and gas storage tanks, petrol and gas stations, or impose a fine between RMB 10,000 yuan and RMB 50,000 yuan on the owner or operator of oil and gas tankers.
Article 85 Anyone who violates the second paragraph of Article 47 of these Regulations and drives the vehicle with the yellow environment protection sign in the area or during the period of time forbidden to drive, shall be subject to the penalties imposed by the traffic administrative units of public security departments according to law.
Article 86 Anyone who violates the first and second paragraph of Article 48 of these Regulations and causes atmospheric pollution, shall be subject to the penalties imposed by the administrative departments of traffic and transportation or marine and fishery according to law.
Article 87 Anyone who violates the second paragraph of Article 49 of these Regulations and uses non-road mobile machines of high emission in the forbidden areas, shall be order by the administrative departments of environment protection to make correction within a time limit, and be subject to a fine between RMB 10,000 yuan and RMB 50,000 yuan.
Article 88 Anyone who commits any of the following acts, shall be ordered to make correction by the administrative departments of environment protection, housing and urban-rural construction, traffic and transportation and water conservancy according to their respective duties and functions, and be subject to a fine between RMB 10,000 yuan and RMB 100,000 yuan, and shall be further ordered, if the requirements of local environment protection regulations are not met within the time limit, to suspend production for rectification:
(1) failing to take measures to prevent and control dust, in violation of Article 51 of these Regulations;
(2) failing to make a plan on the prevention and control of dust pollution or take measures to prevent and reduce dust pollution according to the plan, in violation of the second paragraph of Article 52 of these Regulations;
(3) failing to set up fences or take other effective measures to suppress dust such as continuous pressured spray when dismantling houses or other buildings (structures), or failing to spray water in the surrounding areas of blasting operation, in violation of the first paragraph of Article 53 of these Regulations,;
(4) failing to stop blasting or dismantling of houses or other buildings (structures), in violation of the second paragraph of Article 53 of these Regulations;
(5) or failing to cover, green or pave the bare land when construction cannot be started within seven days after the dismantling project, in violation of the third paragraph of Article 53 of these Regulations.
Article 89 Where new construction or expansion of the catering service projects which discharge cooking fume is conducted in the non-commercial buildings such as residential buildings and commercial complexes without special flues or on the commercial floors adjacent to residential floors in the commercial and residential complex, in violation of the first paragraph of Article 59 of these Regulations, people’s governments of the cities divided into districts and counties (cities) shall order it to make correction; if it refuses to make correction, it shall be ordered to shut down and a fine between RMB 10,000 and RMB 100,000 yuan shall be imposed.
Where anyone, in violation of the provisions of the second paragraph of Article 59 of these Regulations, grills food in the open air by the sides of urban major or minor streets, in residential areas, parks and beyond the area designated by the green land protection units, the administrative department designated by the people’s government of a city divided into districts or county (city) shall order him/her to make correction and impose a fine not less than 500 yuan but not more than 2,000 yuan.
Article 90 An operator of catering services who fails to take measures and causes atmospheric environment pollution in violation of Article 60 of these Regulations, shall be ordered by the administrative department of environment protection to make correction within a time limit, and be subject to a fine between RMB 10,000 and RMB 50,000 yuan.
Article 91 Anyone who engages in dry cleaning and vehicle maintenance services and fails to install devices to prevent and control pollution such as disposing odor, waste gases or fails to ensure the proper use and affects surrounding environment, in violation of Article 61 of these Regulations, shall be ordered to make correction, and be subject to a fine between RMB 2000 yuan and RMB 20,000 yuan, and shall be further ordered, if no correction is made, to suspend operation for rectification.
Article 92 Anyone who burns stalks in the open air in violation of the second paragraph of Article 62 of these Regulations, shall be order by the administrative department of environment protection to make correction and be subject to a fine between RMB 200 yuan and RMB 2,000 yuan.
Anyone who burns substances such as asphalt, linoleum, rubber, plastics, garbage, leather in the open air which may produce toxic, harmful and smelly gases, in violation of the first paragraph of Article 63 of these Regulations, shall be ordered by the administrative department of environment protection to make correction and be subjected to a fine between RMB 10,000 yuan and RMB 100,000 yuan for the enterprises or institutions or a fine bewteen RMB 500 yuan and RMB 5,000 yuan for the individual.
Anyone who burns leaves in the open air in the urban built-up areas in violation of the second paragraph of Article 63 of these Regulations, shall be ordered by the administrative departments of urban appearance and environmental sanitation to make correction and be subject to a fine between RMB 200 yuan and RMB 2000 yuan.
Article 93 Any pollutant discharging unit to which atmospheric pollution accidents happened due to violations of these regulations, or which violates Article12 of these Regulations, shall be subject to a fine imposed by the administrative department of environment protection or other supervisory and administrative departments responsible for atmospheric environment protection. The person directly in charge of or other persons directly responsible for operation may be subject to a fine between RMB 10,000 yuan and RMB 100,000 yuan.
Article 94 Anyone who violates these Regulations, with the exception of the circumstances specified in Article 80, Article 85, Article 86, the second paragraph of Article 89, Article 92 and Article 93, shall be subject to administrative punishment and be ordered to make correction. The department which makes the decision of the punishment shall, if no correction are made, impose a successive fine by day, on the basis of former fine and from the day after the order day,.
Article 95 Anyone who discharges atmospheric pollutants and causes serous pollution in violation of the laws, regulations of atmospheric pollution prevention and control and these Regulations, shall be subject to, if a crime is constituted, criminal liabilities according to law.
The administrative departments of environment protection and judicial authorities shall establish a system associating law enforcement with criminal justice and improve the systems of transferring cases and reporting clues.
Article 96 Any party who disagrees administrative decision made by the administrative departments of environment protection and other supervisory and administrative departments of atmospheric environment protection, may apply for administrative reconsideration or file an administrative proceeding.
Where the people’s governments of cities divided into districts and counties (cities) and administrative department of environment protection apply to enforce the order of suspending operation, shutting down or suspending production for rectification, and the people’s court approves the enforcement after examination according to law, but the person subjected to execution refuses to enforce the order, the people’s court may send assistant execution notifications to such suppliers as water, electricity, heating and gas. The suppliers shall assist the people’s courts to take measures on the person subjected to execution such as suspending water supply, electricity supply, heating supply and gas supply. Where the execution assistant unit refuses to do so, the people’s court may give sanctions according to law.
Article 97 Where local people’s governments at or above the county level, administrative departments of environment protection and other supervisory and administrative departments of atmospheric environment protection commit any of the following acts, the superior authorities or supervisory departments shall order it to make correction, and punish the person directly in charge of or other personnel directly responsible for the case according to law; if the case constitutes a crime, criminal liabilities shall be investigated according to law:
(1) granting administrative licenses to those who fail to meet the standards for administrative license;
(2) failing to impose administrative punishment according to law, regulation and these Regulation;
(3) failing to timely investigate and deal with the acts of discharging atmospheric pollutants excessively after the acts is observed or reported;
(4) failing to publicize the environment information according to law;
(5) sealing up and distaining facilities and equipment of the pollutant-discharging units in violation of law, regulation and these Regulations;
(6) tampering, counterfeiting or instigating to tamper and counterfeit the monitoring data;
(7) withholding, diverting or misappropriating pollutant discharge fees for other purposes; or
(8) other acts of power abuse, duty negligence or malpractices for personal gains.
Chapter VIII Supplementary Provisions
Article 98 Meanings of the following terms in these Regulations:
(1) the pollutant-discharging units refer to the enterprises,institutions and individual businesses which discharge pollutants into atmosphere.
(2) Key atmospheric pollutants refer to the atmospheric pollutants which are incorporated into the development plan of national economy and social development as obligatory targets, and shall undergo total emission control and reduction according to the need to improve the atmospheric environment quality decided by the national and provincial people’s governments, such as sulfur dioxide and nitrogen oxide.
(3) heavily polluting fuels refer to raw coal, coal gangue, coal fine, coal slime, fuel oil (heavy crudes or oil sludge), combustible rubbish of all kinds, directly consumed biomass fuels (trees, stalks, sawdust rice husks, bagasse etc.) and briquettes, light diesel oil, kerosene, artificial gas whose level of contaminants is beyond the limit prescribed by the State.
(4) Toxic and harmful atmospheric pollutants refer to atmospheric pollutants which are listed on the national catalogue of toxic and harmful atmospheric pollutants and may cause danger and negative effects to public health and ecological environment.
(5) Non-road mobile machines refer to machines used off the road, which are auto-driven, or have double functions, or are not auto driven but designed with the ability of being transferred from one place to another, including industrial drilling equipment, engineering machinery, agricultural machinery, forestry machinery, fishery machinery, material loading and unloading machinery, forklifts, snow plow equipment, airport ground equipment, air compressors, generators and pumps.
(6) heavily-polluted weather refers to the accumulated atmospheric pollution in large areas caused by the discharge of pollutants such as industrial waste gases, vehicle exhaust, dust, or burning stalks in the adverse weather condition.
Article 99 These Regulations shall enter into effect as of March 1st , 2015.