Regulations of Beijing Municipality on the Prevention and Control of Air Pollution (full text)

(Adoption at the Second Session of the Fourteenth People's Congress of Beijing Municipality on January 22, 2014)

Announcement of Beijing Municipal People's Congress

No. 3

The Regulations of Beijing Municipality on the Prevention and Control of Air Pollution, as adopted at the Second Session of the Fourteenth People's Congress of Beijing Municipality on January 22, 2014, are hereby issued and shall come into force on March 1, 2014.

Presidium of the Second Session of the Fourteenth Beijing Municipal People's Congress

January 22, 2014

Directory

Chapter I General Provisions

Chapter II Joint Prevention and Control

Chapter III Total Emission Control of Key Pollutants

Chapter IV Prevention and Control of Pollution from Stationary Sources

Chapter V Prevention and Control of Pollution Emissions from Motor Vehicles and Non-road Mobile Machinery

Chapter VI Prevention and Control of Dust Pollution

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the relevant laws and administrative regulations and in the light of the actual conditions of this Municipality for the purpose of preventing and controlling air pollution, improving the quality of the atmospheric environment of this Municipality, safeguarding human health, promoting the construction of ecological civilization and promoting the sustainable development of the economy and society.

Article 2 These Regulations shall apply to the prevention and control of air pollution within the administrative area of this Municipality.

Article 3 The prevention and control of air pollution shall adhere to the principles of people-oriented, environmental priority, government leadership, participation of the whole people, scientific and effective, and strict prevention and control.

Article 4 The prevention and control of air pollution shall adhere to planning first, transform the economic development mode, optimize the industrial structure and layout, adjust the energy structure, and comprehensively use legal, economic, technological, administrative, and publicity and education measures.

Article 5 the prevention and control of air pollution shall focus on reducing the concentration of fine particles in the atmosphere, adhere to the control of pollutant discharge in the whole process from the source to the end, strictly enforce the emission standards, implement the control of the total amount and concentration of pollutant discharge, and accelerate the reduction of the total amount of discharge.

Chapter II Joint Prevention and Control

Article 6 The prevention and control of air pollution shall establish and improve the working mechanism of government-led, regional linkage, unit governance, participation of the whole people, and social supervision.

Article 7 The Municipal People's Government shall bear the overall responsibility for the prevention and control of air pollution in this Municipality, and the district and county people's governments shall bear corresponding responsibilities within their respective jurisdictions.

Article 8 The Municipal People's Government shall, in accordance with the requirements of pollution prevention and control, establish a unified and effective supervision and governance system with clear division of labor, and strengthen overall coordination.

The competent administrative department of environmental protection shall exercise unified supervision and administration over the prevention and control of air pollution, and the relevant departments shall exercise supervision and administration over the prevention and control of air pollution in accordance with their respective duties.

Article 9 The municipal, district and county people's governments shall incorporate the work of atmospheric environmental protection into the national economic and social development plan, and guarantee the financial input for the prevention and control of atmospheric pollution.

Article 10 The Municipal People's Government shall improve and implement the overall urban planning, control the population size, optimize the spatial layout, rationally allocate industries, education, medical and other public service resources, and reduce pollution caused by production and life.

Article 11 The Municipal People's Government shall encourage and support scientific and technological research on the prevention and control of air pollution, organize the analysis of the causes of air pollution and prevention and control countermeasures, promote the application of advanced air pollution prevention and control technologies, and improve the scientific and technological level of atmospheric environmental protection.

Article 12 People's governments at all levels shall take measures to promote ecological management, increase the coverage rate of greening, expand the area of water areas, and improve the quality of the atmospheric environment.

Article 13 The Municipal People's Government shall, in accordance with the work objectives of meeting the standards within the time limit, formulate plans for meeting the standards of atmospheric environmental quality and measures for the stage of air pollution control that are stricter than the state regulations, and may formulate standards for the discharge and control of air pollutants in this Municipality that are stricter than the national standards, and organize their implementation.

Article 14 New construction or expansion of high-polluting industrial projects shall be prohibited in this Municipality. The Municipal People's Government shall regularly formulate or revise the list of high-polluting industrial projects that are prohibited from new construction or expansion, the list of adjustment of high-polluting industrial industries, and the list of high-polluting process equipment elimination, and publish them to the public.

Article 15 The municipal, district and county people's governments shall formulate and implement economic policies conducive to the prevention and control of air pollution, guide enterprises to adjust their energy structure, and promote polluting enterprises to carry out technological transformation and industrial upgrading, or to switch or withdraw from production.

Article 16 The Municipal People's Government shall determine and publish the items and standards for the collection of sewage charges in accordance with the principles of polluters and who pollutes, who controls and who pays.

Article 17 The municipal administrative department of environmental protection shall organize the establishment of a monitoring network, be responsible for uniformly organizing the monitoring of atmospheric environmental quality and releasing information on atmospheric environmental quality.

The environmental monitoring agency under the municipal administrative department of environmental protection shall publish professional information such as daily air quality reports, forecasts, and heavy air pollution.

The municipal meteorological administrative department carries out research on the laws of air pollution meteorological conditions, and the affiliated meteorological stations cooperate with air quality forecasting work and life service guidance.

Article 18 The administrative department of environmental protection shall be responsible for determining the list of key pollution source units and disclosing to the public the supervisory monitoring data and information on their discharge of pollutants into the atmosphere in accordance with the law.

Article 19 The municipal administrative department of environmental protection and relevant departments shall announce to the public the list of enterprises and their responsible persons who have been punished accordingly for violating relevant laws and regulations on the prevention and control of air pollution, and enter them into the enterprise credit system.

Article 20 The competent administrative department of environmental protection shall encourage and support the public to participate in the prevention and control of air pollution and employ social supervisors to assist in the supervision of the prevention and control of air pollution.

Article 21 The Municipal People's Government shall formulate an emergency plan for heavy air pollution and make it known to the public.

When the atmosphere is seriously polluted and an emergency that endangers human health and safety occurs or may occur, the Municipal People's Government shall promptly activate the emergency plan, release the early warning information of heavy air pollution to the society through the media in accordance with the prescribed procedures, and implement the early warning level in accordance with the warning level Corresponding response measures include: order relevant enterprises to stop production or limit production, restrict the driving of some motor vehicles, prohibit the setting off of fireworks and firecrackers, stop earthwork operations and building demolition construction on construction sites, stop open-air barbecues, and stop outdoor physical education classes in kindergartens and schools.

The relevant pollutant discharge units shall implement the response measures stipulated in the second paragraph of this article.

Article 22 The Municipal People's Government shall improve the reporting system for air pollution, disclose the telephone number and website of the report to the public, and clarify the scope and responsibilities of the relevant government departments.

After receiving the report, the relevant government departments shall deal with it in a timely manner in accordance with the law, and feed back the results to the whistleblower.

If the contents of the report are verified to be true, the relevant departments shall commend or reward the informant.

Article 23 People's governments at all levels shall strengthen the publicity of atmospheric environmental protection, popularize atmospheric environmental protection laws and regulations and scientific knowledge, and raise the public's awareness of atmospheric environmental protection. The news media, residents' committees, villagers' committees, schools and social organizations cooperate with the government to carry out publicity and popularization to promote the formation of a social atmosphere of protecting the atmospheric environment.

People's governments at all levels shall commend or award units and individuals that have made outstanding achievements in the prevention and control of air pollution.

Article 24 The Municipal People's Government shall, under the leadership of the national regional joint prevention and control agency, strengthen the joint prevention and control of air pollution with relevant provinces, autonomous regions and municipalities, establish a notification system for major pollution matters, and gradually realize the sharing of major monitoring information and pollution prevention and control technologies, Promote regional joint prevention and control and emergency linkage.

Article 25 The Municipal People's Government shall implement the target responsibility system and assessment and evaluation system for atmospheric environmental quality, and regularly publicize the assessment results. The comprehensive assessment and evaluation of the relevant departments of the Municipal People's Government and the district or county people's governments and their responsible persons shall include the completion of the atmospheric environmental quality objectives and the implementation of measures.

Article 26 the municipal, district and county people's governments shall report to the people's Congress at the corresponding level on the completion of the air environment quality objectives and air pollution prevention and control plans of their respective administrative areas every year, and make them known to the public.

Article 27 All units shall have the obligation to take measures to prevent and control pollution of the atmospheric environment caused by production, construction or other activities.

Article 28 Units that discharge pollutants into the atmosphere shall abide by the standards for the discharge and control of atmospheric pollutants set by the State and this Municipality, and shall not exceed the approved total discharge targets for key atmospheric pollutants.

Article 29 Units that discharge pollutants into the atmosphere shall establish a responsibility system for atmospheric environmental protection and clarify the responsibilities of the person in charge of the unit.

Article 30 New construction, reconstruction and expansion of construction projects that discharge pollutants into the atmosphere shall be subject to environmental impact assessment and approval. Construction projects that fail to pass the environmental impact assessment shall not be started.

The construction unit shall solicit the opinions of relevant units, experts and the public in accordance with the law when preparing the environmental impact report of the construction project.

Article 31 The construction unit shall ensure that the air pollution prevention and control facilities constructed as a support for the construction project are designed, constructed and put into use at the same time as the main project.

After the air pollution prevention and control facilities of the construction project have been checked and accepted by the environmental protection administrative department, the main project can be officially put into production or use.

Article 32 Units that discharge pollutants into the atmosphere shall maintain the normal use of air pollution prevention and control facilities. No facilities for the prevention and control of air pollution shall be dismantled or left idle without the consent of the competent administrative department for environmental protection.

Article 33 Units that discharge pollutants into the atmosphere shall, in accordance with the relevant provisions of the State and this Municipality, make pollutant discharge declaration and registration and pay pollutant discharge fees.

Article 34 Units that discharge pollutants into the atmosphere shall set up air pollutant discharge outlets in accordance with the relevant provisions of the State and this Municipality.

Except for the need to discharge air pollutants through emergency discharge channels due to the occurrence or possible occurrence of safety production accidents, it is prohibited to discharge air pollutants through other discharge channels than those specified in the preceding paragraph.

Article 35 Units that discharge pollutants into the atmosphere shall, in accordance with the provisions, monitor the discharge of air pollutants on their own, record the monitoring data, and disclose them to the public on their websites or other public places in accordance with the provisions. The storage time of monitoring data shall not be less than five years.

Units that discharge pollutants into the atmosphere shall, in accordance with relevant regulations, set up monitoring points and sampling and monitoring platforms and keep them in normal use, and accept supervisory monitoring by the environmental protection administrative department or other supervision and management departments.

Article 36 Units that discharge pollutants into the atmosphere listed in this Municipality's automatic monitoring plan shall be equipped with automatic monitoring equipment for the discharge of atmospheric pollutants and shall be included in the unified monitoring system of the administrative department of environmental protection.

Units that discharge pollutants into the atmosphere as specified in the preceding paragraph shall be responsible for maintaining automatic monitoring equipment, maintaining stable operation and accurate monitoring data.

Article 37 Units that may cause air pollution accidents shall formulate emergency plans for air pollution accidents and emergencies, and shall be responsible for emergency handling and post-event recovery.

Article 38 Citizens have the obligation to protect the atmospheric environment in accordance with the law, and shall abide by the laws and regulations on the prevention and control of air pollution, establish an awareness of atmospheric environmental protection, consciously practice a green lifestyle, and reduce the emission of pollutants into the atmosphere.

Article 39: Citizens, legal persons, and other organizations have the right to request the municipal, district, and county people's governments and their environmental protection departments to disclose atmospheric environmental quality, sudden atmospheric environmental incidents, and related administrative licenses, administrative penalties, and sewage charges. Information on the collection and use of pollutants, and the treatment of pollutants within a time limit.

Article 40 Citizens, legal persons and other organizations shall have the right to report to the competent administrative department for environmental protection or other relevant departments any unit or individual that pollutes the atmospheric environment.

Citizens, legal persons and other organizations may report to the people's government at a higher level or to the supervisory organ if they find that the municipal, district or county people's government and its environmental protection administrative department or other relevant departments fail to perform their duties of atmospheric environment supervision and management according to law.

Chapter III Total Emission Control of Key Pollutants

Article 41 This Municipality shall control the total discharge of key atmospheric pollutants and gradually reduce the total discharge of pollutants.

Article 42 the objectives of the total emission control of the whole city and the total emission of regions, key industries and key enterprises shall be put forward by the municipal administrative department of environmental protection in accordance with the requirements of the state, combined with the city's economic and social development level, environmental quality, characteristics of industrial structure and traffic operation, and shall be implemented after being submitted to the Municipal people's Government for approval, and announced to the public every year.

The district and county people's governments and the competent departments of key industries shall, in accordance with the requirements for the total amount control of air pollutant emissions in this Municipality, formulate an annual total amount control plan and organize its implementation.

Article 43 This Municipality shall implement a pollutant discharge permit system for atmospheric pollutants. The issuing scope and specific management measures of pollutant discharge permits shall be formulated by the municipal administrative department of environmental protection and implemented after being approved by the municipal government.

The pollutant discharge unit included in the management of the pollutant discharge permit shall apply to the municipal, district and county environmental protection administrative department for the issuance of a pollutant discharge permit in accordance with the regulations, and discharge pollutants in accordance with the requirements of the pollutant types and total discharge indicators specified in the pollutant discharge permit. Gradually reduce the total discharge of pollutants.

Article 44 The total amount of key air pollutants discharged by pollutant discharging units shall be determined by the administrative department of environmental protection in accordance with the city's air pollutant discharge and control standards, clean production level, total emission control requirements of key air pollutants, industrial layout and structure Optimization and other factors, in accordance with the principles of openness, fairness and justice.

Article 45 Under the premise of strictly controlling the total emission of key air pollutants and implementing the total emission reduction plan, this city may conduct pilot trading of air pollutant emission rights in accordance with the principle of conducive to the reduction of the total amount. The specific measures shall be formulated by the Municipal People's Government.

Article 46 The total emission targets of air pollutants of existing pollutant discharging units shall be approved and obtained by the competent administrative department of environmental protection.

For new construction, reconstruction and expansion projects included in the scope of total amount control, the total emission index of key air pollutants shall be obtained before the examination and approval of environmental impact assessment, and the source of the index shall be explained in the environmental impact assessment document.

For key projects involving people's livelihood, if the total emission indicators cannot meet the needs, they can be adjusted and obtained with the consent of the Municipal People's Government and made public.

Article 47 The competent administrative department of environmental protection shall examine and approve the environmental impact assessment documents in accordance with the principle of reducing the quantity instead of the total quantity.

Construction projects that obtain the total emission index of air pollutants through reduction and substitution shall not be put into trial production before the replacement emission reduction is completed, and the administrative department of environmental protection shall not go through the completion acceptance procedures of environmental protection of construction projects.

Article 48 For regions or industries that have not completed the annual total emission control task of air pollutants, the administrative department of environmental protection shall suspend the examination and approval of the environmental impact assessment documents of construction projects in the region or industry that discharge the pollutants other than livelihood projects; the examination and approval department of the project shall not approve its construction.

Chapter IV Prevention and Control of Pollution from Stationary Sources

Article 49 This Municipality promotes the construction of eco-industrial parks in accordance with the requirements of circular economy and cleaner production, and guides industrial enterprises to settle in the industrial parks through rational planning of industrial layout.

Newly-built industrial projects that discharge atmospheric pollutants shall enter industrial parks in accordance with environmental protection regulations. The catalogue of industrial parks shall be formulated and published by the municipal administrative department of economic informatization in conjunction with relevant departments.

Article 50 This Municipality shall implement the total amount control of coal consumption.

The municipal administrative department of development and reform shall, in conjunction with the relevant departments, formulate a development plan for the utilization of clean energy, determine the target for controlling the total amount of coal combustion, and stipulate the implementation steps to gradually reduce the total amount of coal combustion.

The people's governments of districts and counties shall, in accordance with the total coal consumption control objectives, formulate plans for reducing coal combustion and clean energy transformation in their respective administrative regions and organize their implementation.

Article 51 The Municipal People's Government shall delimit and announce the no-burning zone for highly polluting fuels, and shall, in accordance with the requirements for air quality improvement, stipulate the implementation steps and gradually expand the scope of the no-burning zone.

In the no-burning zone, it is forbidden to build or expand facilities that burn highly polluting fuels; existing facilities that burn coal, heavy oil, residual oil and other highly polluting fuels shall stop using or switch to clean energy within the time limit prescribed by the Municipal People's Government.

Article 52 New construction or expansion of facilities for burning coal, heavy oil and residual oil shall be prohibited in this Municipality.

Industrial boilers, furnaces, power generating units and other facilities that use coal, heavy oil or residual oil as fuel shall switch to clean energy within the time limit prescribed by the Municipal People's Government.

Coal-fired heating facilities in the outer suburbs and counties shall implement clean energy transformation within the prescribed time limit.

Article 53 This Municipality prohibits the construction or expansion of manufacturing and processing projects such as oil refining, cement, coking, steel, non-ferrous metal smelting, casting, flat glass, ceramics, asphalt waterproofing membranes, wood-based panels, clay bricks, etc., and non-metallic mineral mining and processing. And other mineral resources development projects.

The relevant departments of the Municipal People's Government shall not approve the construction of the projects listed in the preceding paragraph and the list specified in Article 14 of these regulations; the industries, processes and equipment listed in the adjustment and elimination list shall be adjusted and withdrawn by the relevant enterprises within the prescribed time limit.

In accordance with the provisions of the second paragraph of this article, for existing enterprises that should be withdrawn, closed, or relocated, the municipal economic informatization administrative department shall make an announcement to the enterprise in advance and listen to the opinions of the enterprise.

Article 54 The sale of bulk coal and products that do not meet the standards is prohibited in this Municipality.

The coal for residential living shall, in accordance with the provisions of the Municipal People's Government, use low-sulfur high-quality coal that meets the standards.

Units that provide catering, bathing, accommodation and other services shall use natural gas, liquefied petroleum gas, electricity or other clean energy as fuel.

Article 55 The municipal housing and urban-rural construction and planning administrative department shall, in conjunction with relevant departments, promote the energy-saving renovation of existing buildings, implement mandatory energy-saving standards for new buildings, and reduce energy consumption and air pollutant emissions.

Article 56 The municipal administrative department of environmental protection shall, in conjunction with the municipal department of quality and technical supervision, formulate the limit standards for the content of volatile organic compounds in the products of this Municipality.

In the production, sale and use of raw materials and products containing volatile organic compounds in this Municipality, the content of volatile organic compounds shall meet the limit standards set by this Municipality.

Article 57 Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined spaces or equipment, and pollution prevention and control facilities shall be installed and used in accordance with regulations; except for activities that cannot be confined.

Refueling stations, oil and gas storage depots, and units that use oil tank trucks, gas tank trucks, etc. shall install oil and gas recovery devices in accordance with the regulations of this Municipality and maintain normal use, and submit to the environmental protection administrative department every year The oil and gas discharge inspection report issued by the inspection qualification agency.

Article 58 Industrial coating enterprises shall, in accordance with the relevant provisions of this Municipality, use coatings with low volatile organic content, record the main operating parameters and operation of production processes, facilities and pollution control equipment, and establish a ledger to record the use, waste and destination of production raw materials and auxiliary materials, as well as the content of volatile organic compounds. The keeping time of the ledger shall not be less than three years.

Article 59 Petroleum, chemical and other enterprises that produce and use organic solvents shall take measures to carry out routine maintenance and repair of pipelines and equipment, reduce material leakage, and collect and dispose of the leaked materials in a timely manner.

Article 60 For projects such as catering services, clothing dry cleaning, and motor vehicle maintenance, pollution prevention and control facilities such as oil fume, peculiar smell and exhaust gas treatment devices shall be set up and maintained in normal use to prevent the surrounding environment from being affected.

In residential buildings, commercial and residential complexes without supporting special flues, and commercial floors adjacent to residential floors in commercial and residential complexes, new construction, reconstruction, and expansion of catering services that produce oil fume, peculiar smell, and exhaust gas are prohibited. And motor vehicle maintenance and other projects.

Article 61 Units that discharge dust, toxic or harmful gases or malodorous gases into the atmosphere shall install purification devices or take other measures to prevent pollution of the surrounding environment.

Article 62 No unit or individual may conduct open burning of straw, leaves, dead grass, garbage, electronic waste, linoleum, rubber, plastic, leather, etc. to discharge pollutants into the atmosphere.

No unit or individual may barbecue food in the open air or provide venues for barbecue food in the open air within the prohibited areas designated by the government.

Chapter V Prevention and Control of Pollution Emissions from Motor Vehicles and Non-road Mobile Machinery

Article 63 This Municipality shall regulate and control the quantity of motor vehicles in accordance with the national standards for atmospheric environmental quality and the objectives of this Municipality for atmospheric environmental quality.

This Municipality optimizes the setting and management of roads to reduce pollution caused by idling and low-speed driving of motor vehicles.

Article 64 The administrative department of environmental protection may entrust its subordinate motor vehicle emission pollution supervision and monitoring agency to supervise and manage the prevention and control of motor vehicle and non-road mobile machinery emission pollution.

Article 65 The production enterprises selling motor vehicles and non-road mobile machinery in this Municipality shall, in accordance with the provisions, report to the municipal competent administrative department of environmental protection the data of pollutants discharged by motor vehicles and non-road mobile machinery sold in this Municipality and the relevant materials for pollution prevention and control.

After examining the data and materials, the municipal administrative department of environmental protection shall include those that meet the emission and energy consumption standards stipulated by the state and this Municipality into the catalogue of motor vehicle models and non-road mobile machinery that can be sold in this Municipality.

Motor vehicles and non-road mobile machinery sold in this Municipality shall comply with the emission standards set by the State and this Municipality and stably meet the standards within the durability period. If motor vehicles and non-road mobile machinery are tested in accordance with regulations and cannot stably meet the discharge standards due to quality reasons, the municipal environmental protection administrative department shall cancel the catalog of motor vehicle models and non-road mobile machinery in this city.

Article 66 Only motor vehicles that meet the pollutant emission standards for new vehicles in this city, or are tested and confirmed by a state-recognized testing agency to be equivalent to the pollutant emission standards for new vehicles in this city, can go through the registration or transfer procedures in this city.

Article 67 Motor vehicles in use shall meet the emission standards of this Municipality, and emission pollution tests shall be carried out regularly; only those who pass the tests can carry out motor vehicle safety technical tests, and issue environmental protection and safety test marks.

Vehicles from other cities that enter this city shall, in accordance with the regulations of this city, conduct emission pollution tests; only those that pass the tests can go through the formalities for motor vehicles to enter Beijing.

The specific inspection and management measures shall be formulated by the municipal competent administrative department of environmental protection in conjunction with the relevant departments.

Article 68 The competent administrative department of environmental protection may inspect and test the emission pollution of motor vehicles in use at the place where the motor vehicles are parked, and may, with the cooperation of the traffic management department of the public security organ, conduct random testing of the emission pollution of motor vehicles in motion.

Article 69 The regular inspection of motor vehicle emission pollution shall be undertaken by the inspection agency entrusted by the municipal administrative department of environmental protection. The testing institution shall test the pollution emitted by motor vehicles in strict accordance with the provisions.

The municipal competent administrative department of environmental protection shall publish to the public the list of testing institutions specified in the preceding paragraph.

Article 70 The owners or users of motor vehicles and non-road mobile machinery shall not dismantle, leave idle or change the emission pollution control devices without authorization, and keep the devices in normal use.

The owner or user of the motor vehicle shall repair the motor vehicle in time after the on-board emission diagnosis system alarms to ensure that the vehicle meets the emission standards.

Article 71 Motor vehicle maintenance and repair units shall have maintenance qualifications and repair motor vehicles that do not meet the emission standards in accordance with the technical specifications to ensure that the motor vehicle emissions meet the standards.

Article 72 The Municipal People's Government may, in accordance with the quality of the atmospheric environment, take traffic management measures to restrict the driving of motor vehicles within a certain area.

Article 73 This Municipality advocates the green travel of citizens and carries out the city car-free day activities every year. The Municipal People's Government shall create conditions to facilitate the public to choose public transportation, bicycles, and walking travel methods to reduce motor vehicle emissions.

Article 74 This Municipality advocates environmentally friendly driving. In schools, hotels, shopping malls, parks, offices, communities, hospitals and parking lots that do not affect the normal driving of vehicles, motor vehicle drivers should turn off the engine when parking for more than three minutes.

Article 75 The discharge of pollutants into the atmosphere by non-road mobile machinery in use shall comply with the discharge standards set by this Municipality.

The administrative department of environmental protection may, according to the quality of the atmospheric environment, delimit the areas where the use of high-emission non-road mobile machinery is prohibited.

Article 76 This Municipality shall implement a compulsory scrapping system for motor vehicles in accordance with the provisions of the State. If a motor vehicle reaches the service life prescribed by the state, or still fails to meet the requirements of the national emission standards after repair, adjustment or adoption of control technology, or fails to obtain the emission testing qualification mark within three consecutive testing cycles after the expiration of the testing validity period, it shall be compulsorily scrapped in accordance with the law.

Article 77 this Municipality shall speed up the elimination of old public transport, postal, environmental sanitation and rental vehicles, encourage the development of small displacement, low energy consumption and new energy vehicles and clean energy vehicles, and speed up the construction of supporting facilities for new energy vehicles and clean energy vehicles.

Article 78 This Municipality encourages the elimination of high-emission motor vehicles and non-road mobile machinery. The municipal administrative department of environmental protection, in conjunction with the municipal administrative departments of finance, transportation, public security, commerce, quality and technical supervision, shall formulate plans for the elimination, treatment and restriction of the use of high-emission motor vehicles and non-road mobile machinery in accordance with the atmospheric environmental quality of the city and the emission pollution of motor vehicles and non-road mobile machinery, which shall be submitted to the Municipal People's Government for approval before implementation.

Article 79 The municipal competent administrative department of environmental protection shall, jointly with the municipal department of quality and technology supervision, formulate the standards for vehicle fuel of this Municipality. The vehicle fuel sold in this Municipality shall meet the standards set by the State and this Municipality, and a vehicle oil product detergent shall be added in accordance with the regulations.

Chapter VI Prevention and Control of Dust Pollution

Article 80 Measures shall be taken to prevent dust pollution in housing construction, municipal infrastructure construction, river regulation, building demolition, material transportation and stacking, landscaping and other activities.

Article 81 The construction unit shall include the cost of preventing and controlling dust pollution in the cost of the project, and specify the responsibility of the construction unit to prevent and control dust pollution in the contract of the project.

Article 82 The construction site of a construction project shall take the following measures in accordance with the relevant provisions of this Municipality on green construction:

(I) Before the commencement of a construction project, the construction unit shall set up enclosures around the construction site in accordance with the standards, and the construction unit shall maintain the enclosures;

(II) The construction unit shall publicize the person in charge of the construction site, environmental protection supervisor, dust pollution control measures, reporting telephone number and other information at the entrance and exit of the construction site;

(III) The construction unit shall harden the main roads and material stacking sites within the construction site, cover or temporarily afforest other sites, concentrate the earthwork and take covering or curing measures;

When the (IV) weather forecast wind speed reaches level 4 or above, the construction unit shall stop the earth-rock work, demolition work and other construction work that may produce dust pollution;

(V) vehicle washing facilities shall be set up at the exit of the construction site of the construction project, and the video monitoring system shall be installed in accordance with the regulations of this city; the construction vehicles can only drive out of the construction site after mud removal and washing, and shall not drive on the road with mud; the vehicle cleaning area shall be equipped with drainage and mud sedimentation facilities;

(VI) construction project construction site roads and roads within 100 meters around the entrance and exit shall not have soil and construction waste;

(VII) In the process of road excavation construction, the construction unit shall cover the damaged road surface in time, and take measures such as sprinkling water to prevent and control dust pollution; after the road excavation construction is completed, the road surface shall be repaired in time;

Other provisions of the State and this Municipality on construction site management shall be (VIII).

This Municipality incorporates the illegal acts of construction units in raising dust on the construction site into the market behavior credit evaluation system of construction enterprises in this Municipality.

Article 83 Coal, cement, lime, gypsum, sand and other materials that produce dust shall be stored in a sealed manner; if the conditions for sealed storage are not available, a fence not lower than the height of the pile shall be set up around it and effectively covered, and no dust shall be generated.

Construction earthwork, engineering muck and construction waste shall be transported to the designated place for disposal in a timely manner; if they are piled up in the site, they shall be effectively covered.

Article 84 Where bulk or fluid materials such as garbage, muck, sand, gravel, earthwork, mortar, etc. are transported, qualified vehicles shall be used in accordance with the law, satellite positioning systems shall be installed, and transportation shall be sealed.

Article 85 Construction waste resource disposal sites, waste disposal sites, coal-fired power plant ash storage sites and landfills shall implement zoning operations and take measures to prevent dust pollution.

Article 86 The municipal administrative department of municipal and city appearance shall, in conjunction with the municipal administrative department of environmental protection, formulate standards for road sweeping, flushing and cleaning. Cleaning units shall strictly implement the standards for cleaning, washing and cleaning to prevent and control dust pollution.

Article 87 The bare ground shall be afforested or paved in accordance with the following provisions:

For (I) construction land to be developed, the construction unit shall be responsible for covering the bare ground; for more than three months, temporary greening or paving shall be carried out;

(II) the bare ground along municipal roads and rivers and public green spaces, the administrative departments of transportation, water affairs and landscaping shall organize greening or paving according to the planning;

(III) other bare ground shall be afforested or paved by the user or the management unit, and dust-proof measures shall be taken.

The administrative department of agriculture shall encourage the adoption of measures such as biological mulching and no-tillage for bare farmland to prevent and control dust pollution.

Article 88 This Municipality shall strictly control the exploitation of mineral resources. In the course of mining mineral resources, measures shall be taken to prevent and control atmospheric pollution. Ecological restoration shall be carried out after mining.

Article 89 It is forbidden to mix concrete on the construction site of this Municipality. For construction projects invested by the government and construction projects within the specified areas of this Municipality, it is forbidden to mix mortar on site. Other construction projects in the construction site to set up mortar mixer, should be equipped with dust and dust-proof devices. This Municipality prohibits the construction or expansion of concrete mixing plants; completed enterprises that do not meet the environmental management plan shall be closed within a time limit in accordance with the provisions of the Municipal People's Government.

Chapter VII Legal Liability

Article 90 Units that cause atmospheric pollution hazards shall have the responsibility to eliminate the hazards and compensate the units or individuals that have directly suffered losses.

Disputes over liability for compensation and the amount of compensation may, at the request of the parties, be mediated by the competent administrative department of environmental protection; if mediation fails, the parties may bring a suit in a people's court. The parties may also bring a suit directly to the people's court.

Article 91 Where the administrative department in charge of environmental protection and other relevant administrative departments commit any of the following acts in the prevention and control of air pollution, the administrative supervision organ shall order the correction of the situation, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law:

(I) illegal administrative licensing decisions;

(II) receiving reports from citizens on acts of polluting the atmospheric environment and not investigating and punishing them according to law;

The (III) violates the provisions of these Regulations not to disclose the relevant information of the atmospheric environment;

(IV) withholding, misappropriating or misappropriating for other purposes the sewage charges collected;

(V) have committed other acts of abuse of power or dereliction of duty.

Article 92: In violation of the provisions of the third paragraph of Article 21 of these regulations, if the relevant pollutant discharge unit refuses to implement the decision of the Municipal People's Government to order the suspension of production and limit production, the municipal environmental protection administrative department may seal up the pollutant discharge facilities and impose a penalty of 50,000 yuan. A fine of not less than RMB 500,000 yuan; refusing to implement the response measures to stop earthwork on the construction site, demolition and construction or open-air barbecue shall be imposed by the city management comprehensive law enforcement department.

Those who refuse to implement the countermeasures of stopping motor vehicles and prohibiting the setting off of fireworks and firecrackers shall be punished by the public security organ in accordance with relevant regulations.

Article 93 those who, in violation of the provisions of Article 28 of these regulations, discharge pollutants into the atmosphere that do not meet the national or municipal standards for the discharge and control of air pollutants shall be ordered by the administrative department of environmental protection to control within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan, the competent administrative department of environmental protection shall, with the approval of the people's government with the power of approval, order the suspension of business or closure. If the discharge of pollutants into the atmosphere exceeds the total discharge target, the administrative department of environmental protection shall order it to stop the discharge of pollutants and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan, and the part exceeding the total discharge target shall be deducted at the time of verifying the total discharge target for the next year; if it refuses to stop the discharge of pollutants, the sewage discharge facilities may be sealed up.

Article 94: In violation of the provisions of Article 30 of these regulations, if a construction project fails to undergo environmental impact assessment approval in accordance with the law, and starts construction or is put into production or use without authorization, the environmental protection administrative department with the power of approval shall order it to stop construction or production. Use, impose a fine of 50,000 yuan up to 200,000 yuan; if it refuses to stop construction or production or use, the construction site or sewage disposal facilities may be sealed.

Article 95 in violation of the provisions of Article 31 of these regulations, if the air pollution prevention and control facilities that need to be built have not been completed, have not been accepted or are unqualified after acceptance, and the main project is officially put into production or use, the competent administrative department of environmental protection shall order it to stop production or use and impose a fine of not less than 10000 yuan but not more than 100000 yuan.

Article 96 Whoever, in violation of the provisions of Article 32 of these regulations, uses air pollution prevention and control facilities abnormally, or dismantles or leaves air pollution prevention and control facilities idle without the approval of the competent administrative department of environmental protection, shall be ordered by the competent administrative department of environmental protection to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 97 Anyone who violates the provisions of Article 33 of these regulations and fails to declare and register pollutant discharge in accordance with the provisions of the state or this city shall be ordered by the environmental protection administrative department to make corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 98 Whoever, in violation of the provisions of Article 34 of these regulations, fails to set up air pollutant discharge outlets or discharge air pollutants through other discharge channels in accordance with the provisions shall be ordered by the administrative department of environmental protection to make corrections within a time limit and be fined not less than 20,000 yuan but not more than 200,000 yuan.

Article 99 Anyone who violates the provisions of the first paragraph of Article 35 of these regulations and fails to publish or save monitoring data in accordance with regulations shall be ordered by the environmental protection administrative department to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Whoever, in violation of the provisions of the second paragraph of Article 35 of these regulations, fails to set up monitoring points or sampling platforms in accordance with the provisions shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 100 whoever, in violation of the provisions of Article 36 of these regulations, fails to install automatic monitoring equipment for the discharge of air pollutants in accordance with the provisions, or the automatic monitoring equipment does not operate stably or the data is inaccurate, the competent administrative department of environmental protection shall order it to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 101 Anyone who violates the provisions of Article 43 of these regulations and discharges pollutants without obtaining a pollutant discharge permit shall be ordered by the environmental protection administrative department to stop discharging pollutants and impose a fine of 100,000 yuan up to 500,000 yuan; If it refuses to stop discharging pollutants, the environmental protection administrative department may seal up the pollutant discharge facilities. For those who fail to discharge pollutants in accordance with the provisions of the pollutant discharge permit, the administrative department of environmental protection shall order them to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 102 In violation of the provisions of the second paragraph of Article 47 of these regulations, if a construction project is put into trial production before the replacement emission reduction is completed, the environmental protection administrative department shall order the suspension of trial production and impose a penalty of 20,000 yuan. A fine of not less than 200,000 yuan.

Article 103 whoever, in violation of the provisions of Article 51 of these regulations, builds or expands facilities for burning highly polluting fuels in the no-fire zone, or continues to burn coal, heavy oil, residual oil and other highly polluting fuels after the expiration of the prescribed time limit, shall be reported by the administrative department of environmental protection to the people's government at the same level to order it to be dismantled within a time limit.

Article 104 Whoever, in violation of the provisions of the first paragraph of Article 52 of these regulations, builds or expands facilities for burning coal, heavy oil or residual oil shall be reported by the administrative department of environmental protection to the people's government at the same level to order it to be dismantled within a time limit, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed.

In violation of the second paragraph of Article 52 of these regulations, industrial boilers, furnaces, generators and other facilities that use coal, heavy oil, and residual oil fail to implement clean energy transformation within the prescribed time limit, the environmental protection administrative department shall report to the people's government at the same level to order it to be dismantled within a time limit.

Article 105 in violation of the provisions of paragraphs 1 and 2 of Article 53 of these regulations, the administrative department in charge of economic informatization shall report to the people's government at the same level to shut down the illegal projects.

Article 106 Whoever, in violation of the provisions of the first paragraph of Article 54 of these regulations, sells bulk coal and products that do not meet the standards shall be ordered by the administrative department in charge of quality and technical supervision to stop the sale and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Anyone who violates the provisions of the third paragraph of Article 54 of these regulations and does not use clean energy shall be ordered by the environmental protection administrative department to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 107 Whoever, in violation of the provisions of the second paragraph of Article 56 of these regulations, produces and sells raw materials and products containing volatile organic compounds that do not meet the standards prescribed by this Municipality shall be punished by the quality and technical supervision department and the administrative department for industry and commerce in accordance with the provisions of relevant laws and regulations.

Article 108 whoever, in violation of the provisions of paragraph 1 of Article 57 of these regulations, fails to carry out production and service activities that produce waste gas containing volatile organic compounds in confined spaces or equipment, or fails to install and use pollution prevention and control facilities in accordance with the regulations, shall be ordered by the competent administrative department of environmental protection to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan but not more than 300,000 yuan.

In violation of the provisions of the second paragraph of Article 57 of these regulations, the oil and gas recovery device is not installed in accordance with the relevant provisions of this city or is not used normally, the administrative department of environmental protection shall order it to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 109 whoever, in violation of the provisions of Article 58 of these regulations, fails to use coatings with low volatile organic content in accordance with the provisions shall be ordered by the administrative department of environmental protection to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; those who fail to record or save relevant data and information as required or practice fraud shall be ordered by the administrative department of environmental protection to make corrections and shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 110 Whoever, in violation of the provisions of Article 59 of these Regulations, fails to take measures to reduce the leakage of materials or fails to collect and dispose of the leaked materials in a timely manner, shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and shall be fined not less than 20,000 yuan but not more than 200,000 yuan.

Article 111 Whoever, in violation of the provisions of the first paragraph of Article 60 of these regulations, abnormally uses pollutant treatment facilities such as oil fume, peculiar smell and waste gas treatment devices shall be ordered by the administrative department of environmental protection to make corrections within a time limit and be fined not less than 5,000 yuan but not more than 50,000 yuan.

Article 112 Whoever, in violation of the provisions of Article 61 of these Regulations, fails to install purification devices or take other measures to prevent pollution of the surrounding environment shall be ordered by the competent administrative department of environmental protection to make corrections within a time limit and shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 113 Whoever, in violation of the provisions of the first paragraph of Article 62 of these regulations, burns straw, leaves or hay in the open air shall be ordered by the comprehensive law enforcement department of urban management to stop the illegal act and may be fined not more than 200 yuan; whoever burns garbage, electronic waste, linoleum, asphalt, rubber, plastic or leather in the open air shall be ordered by the comprehensive law enforcement department of urban management to stop the illegal act and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

Those who, in violation of the second paragraph of Article 62 of these regulations, barbecue food in the open air or provide venues for barbecue food in the open air within the prohibited scope designated by the government shall be ordered by the comprehensive law enforcement department of urban management to stop the illegal act, confiscate the barbecue tools and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

Article 114 Anyone who, in violation of the provisions of the second paragraph of Article 65 of these regulations, sells motor vehicles and non-road mobile machinery that are not included in the city's catalog shall be ordered by the municipal environmental protection administrative department to stop the illegal activities and confiscate the illegal income. The illegal income may be fined less than one time of the illegal income.

Whoever, in violation of the provisions of the third paragraph of Article 65 of these regulations, sells motor vehicles and non-road mobile machinery that do not meet the standards prescribed by the state or this city shall be ordered by the municipal administrative department of environmental protection to stop the illegal act, confiscate the illegal income, and may impose a fine of less than one time the illegal income; if the motor vehicle sold does not meet the indicated emission standards, the seller shall be responsible for repair, replacement and return, the seller shall compensate for the loss.

Article 115 whoever, in violation of the provisions of paragraph 1 of Article 67 of these regulations, discharges pollutants from motor vehicles in use in excess of the prescribed emission standards shall be ordered by the administrative department of environmental protection to make corrections, and the owner or user of the motor vehicle shall be fined not less than 300 yuan but not more than 3000 yuan; if the vehicle emission pollution is not regularly tested within the time limit, the administrative department of environmental protection shall order it to make corrections and impose a fine of 500 yuan for each more than one inspection cycle.

Article 116 In violation of the provisions of the first paragraph of Article 69 of these regulations, the inspection agency conducts regular inspections of motor vehicle emission pollution without obtaining an entrustment, or fails to conduct inspections in accordance with the regulations, the environmental protection administrative department shall order it to stop Illegal acts, make corrections within a time limit, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the qualification for testing shall be canceled.

Article 117 In violation of the provisions of the first paragraph of Article 70 of these regulations, the owner or user of motor vehicles and non-road mobile machinery dismantles, leaves idle or changes the emission pollution control device without authorization, the environmental protection administrative department shall order Correct and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan.

In violation of the provisions of the second paragraph of Article 70 of these regulations, if the owner or user of a motor vehicle fails to repair the motor vehicle after the on-board emission diagnostic system gives an alarm, and the vehicle travels more than 200 kilometers, the administrative department of environmental protection shall impose a fine of 300 yuan.

Article 118 If a motor vehicle enters a restricted driving area in violation of the provisions of Article 72 of these regulations, the traffic management department of the public security organ shall order it to stop the illegal act and punish it according to law.

Article 119 whoever, in violation of the provisions of paragraph 2 of Article 75 of these regulations, uses high-emission non-road mobile machinery in a prohibited area shall be ordered by the administrative department of environmental protection to stop the illegal act and be fined not less than 50,000 yuan but not more than 100,000 yuan.

Article 120 Whoever, in violation of the provisions of Article 79 of these regulations, sells vehicle fuels that do not meet the national or municipal standards shall be ordered by the administrative department for industry and commerce to stop the sale and confiscate the products illegally sold. If there is any illegal income, the illegal income shall be confiscated and a fine of not less than one time but not more than three times the illegal sales amount shall be imposed; if the vehicle oil sold does not meet the national or municipal regulations on the cleanliness of vehicle oil, the competent administrative department of environmental protection shall order it to correct the illegal act within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, the municipal competent administrative department of commerce shall revoke its business qualification.

Article 121 whoever, in violation of the provisions of Article 81 of these regulations, starts construction without including the cost of preventing and controlling dust pollution in the project cost, shall be ordered by the administrative department in charge of housing and urban rural construction to stop the construction.

Article 122 in violation of the provisions of the first paragraph of Article 82 of these regulations, the construction unit or construction unit shall be ordered by the comprehensive law enforcement department of urban management to make corrections within a time limit and be fined not less than 2000 yuan but not more than 20000 yuan; if it fails to make corrections within the time limit, it shall be ordered to stop work for rectification.

Article 123 whoever violates the provisions of Article 83 of these regulations shall be ordered by the comprehensive law enforcement department of urban administration to make corrections within a time limit and be fined not less than 2000 yuan but not more than 20000 yuan; for industrial enterprises, the administrative department of environmental protection shall order them to make corrections and impose a fine of not less than 2000 yuan but not more than 20000 yuan; if they fail to make corrections within the time limit, they shall be ordered to stop work for rectification.

Article 124 Anyone who violates the provisions of Article 84 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections and impose a fine of not less than 500 yuan but not more than 3,000 yuan.

Article 125 whoever violates the provisions of Article 85 of these regulations shall be ordered by the comprehensive law enforcement department of urban management to make corrections within a time limit and be fined not less than 2000 yuan but not more than 20000 yuan; if it fails to make corrections within the time limit, it shall be ordered to stop work for rectification.

Article 126 whoever, in violation of the provisions of Article 88 of these regulations, fails to take measures to prevent and control dust pollution in the process of mining mineral resources shall be ordered by the administrative department of environmental protection to make corrections within a time limit and be fined not less than 2,000 yuan but not more than 20,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to stop work for rectification.

Article 127 whoever violates the provisions of the first paragraph of Article 89 of these regulations shall be ordered by the administrative department of housing and urban rural construction to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to stop work for rectification.

Those who, in violation of the provisions of the second paragraph of Article 89 of these regulations, build or expand concrete mixing plants shall be ordered to close by the municipal administrative department of housing and urban rural construction; if the completed enterprises that do not conform to the environmental control plan are not closed within the prescribed time limit, the municipal administrative department of housing and urban rural construction shall close down and impose a fine of not less than 50000 yuan but not more than 200000 yuan.

Article 128 In violation of these Regulations, except for the circumstances specified in the second paragraph of Article 92, Article 105, and Article 118, administrative penalties such as fines and confiscation are imposed twice or more, The department that made the penalty decision may double the amount of the previous fine and impose the penalty.

Article 129 Whoever, in violation of the provisions of these Regulations, discharges atmospheric pollutants, thus causing serious pollution, and constitutes a crime, shall be investigated for criminal responsibility according to law.

Environmental protection administrative departments and public security organs should establish and improve the administrative law enforcement and criminal justice linkage mechanism for air pollution cases, and improve the system of case transfer and clue notification.

Chapter VIII Supplementary Provisions

Article 130 These Regulations shall enter into force as of March 1, 2014. The Measures of Beijing Municipality for the Implementation of the the People's Republic of China Law on the Prevention and Control of Air Pollution, adopted at the 23rd Meeting of the Standing Committee of the 11th Beijing Municipal People's Congress on December 8, 2000, shall be repealed at the same time.