Regulations of Henan Province on the Prevention and Control of Air Pollution (202 1 Revision)

Chapter I General Provisions Article 1 In order to protect and improve the atmospheric environment, prevent and control atmospheric pollution, safeguard public health, promote the construction of ecological civilization, and promote green and sustainable economic and social development, these Regulations are formulated in accordance with the provisions of the Environmental Protection Law of People's Republic of China (PRC), the Law on the Prevention and Control of Air Pollution of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to the prevention and control of air pollution and its supervision and management within the administrative area of this province. Article 3 The prevention and control of air pollution should aim at improving the quality of the atmospheric environment, and adhere to the principles of government-led, universal control, source prevention, planning first, protection first and responsibility for damage. Article 4 People's governments at all levels shall be responsible for the quality of the atmospheric environment within their respective administrative areas.

People's governments at or above the county level shall strengthen their leadership over the prevention and control of air pollution, incorporate the prevention and control of air pollution into national economic and social development plans and urban and rural plans, optimize the industrial structure and layout, adjust the energy structure, promote the use of clean energy, reduce coal consumption, gradually reduce the emission of air pollutants, establish and improve the coordination mechanism for air pollution prevention and control, and urge relevant departments to perform their supervision and management duties according to law.

Township people's governments and sub-district offices shall, under the guidance of the leaders of the county (city, district) people's governments and their relevant departments, organize the prevention and control of air pollution according to the actual situation in their respective jurisdictions. Article 5 The target responsibility system and assessment system shall be implemented in the prevention and control of air pollution. The people's governments at the provincial level shall formulate measures for assessment, rewards and punishments, and assess the completion of the objectives of improving the atmospheric environment and the key tasks of air pollution prevention and control in the cities under the jurisdiction of the province. The assessment results shall be made public to the public, and shall be used as the content of the assessment of the relevant departments of the provincial people's government and the municipal people's government and its responsible person. Article 6 The competent department of environmental protection of the people's government at or above the county level shall exercise unified supervision and management over the prevention and control of air pollution, and perform the supervision and management duties of air pollution prevention and control in conjunction with relevant departments in accordance with the following provisions:

(a) the competent department of environmental protection is responsible for the supervision and management of the prevention and control of industrial air pollution; The competent department of development and reform is responsible for the total coal consumption control, energy structure adjustment, industrial structure adjustment and optimization of layout and related supervision and management work; The competent department of industry and information technology is responsible for organizing and promoting the technological transformation and upgrading of industrial enterprises, eliminating backward production capacity and related supervision and management work.

(two) the competent department of housing and urban construction is responsible for the supervision and management of dust in housing construction sites and municipal infrastructure construction sites. The competent department of transportation is responsible for the supervision and management of roads, waterway construction and road transportation dust, as well as the supervision and management of storage materials and operation dust in ports and docks. Housing and urban construction, housing levy departments are responsible for the supervision and management of building demolition construction dust within their respective responsibilities. Housing and urban construction, urban management department is responsible for the supervision and management of urban construction waste and engineering muck disposal, urban road cleaning, urban road dust pollution prevention and control. The competent department of land and resources is responsible for the supervision and management of unused land development, land remediation, cultivated land development and other dust. The water conservancy department is responsible for the supervision and management of water conservancy project construction and urban river dust. The competent department in charge of landscaping is responsible for the supervision and management of dust in the construction of landscaping projects.

(3) The competent departments of quality and technical supervision and environmental protection shall, within the scope of their respective duties, be responsible for supervising and managing the implementation of environmental protection standards or requirements in the production, import, sale and use of boilers.

(4) The competent department of environmental protection shall be responsible for oil and gas recovery and treatment in conjunction with the commercial department, the traffic control department of the public security organ shall supervise and manage the prevention and control of air pollution of motor vehicles, and the departments of transportation, housing and urban and rural construction, agriculture and water conservancy shall supervise and manage the prevention and control of air pollution of non-road mobile machinery. The transportation department is responsible for the supervision and management of air pollution prevention and control of transport vessels, and the fishery department is responsible for the supervision and management of air pollution prevention and control of fishing vessels.

(five) the competent agricultural departments shall be responsible for organizing the supervision and management of straw burning, prevention and control of air pollution in agricultural production activities and comprehensive utilization of agricultural wastes.

(six) the competent department of environmental protection is responsible for the supervision and management of odor and waste gas emissions in clothing dry cleaning and motor vehicle maintenance industries. The urban management department is responsible for the supervision and management of cooking fume discharged by catering services in the built-up area of the city, open-air burning of fallen leaves, branches and hay, open-air barbecue, burning of electronic waste, asphalt, linoleum, rubber, plastics, leather, garbage and other substances that produce toxic and harmful smoke and malodorous gases.

(seven) the supervision and management of other air pollution prevention and control, in accordance with the relevant laws and regulations and the division of responsibilities of the provincial government on environmental protection, shall be implemented by the relevant departments within the scope of their respective duties. Article 7 The people's governments at or above the county level shall increase the financial input for the prevention and control of air pollution, strengthen the supervision and management of the funds for the prevention and control of air pollution, and improve the efficiency in the use of funds.

People's governments at all levels shall give support to enterprises, institutions and other producers and operators that carry out technological transformation and clean energy substitution.

Encourage and support social capital to participate in air pollution prevention and control, guide financial institutions to increase credit support for air pollution prevention and control projects, implement third-party air pollution control, and improve the professional level and effect of control. Article 8 People's governments at or above the county level shall encourage and support scientific and technological research on the prevention and control of air pollution, carry out analysis of air pollution sources and their changing trends, compile an air pollutant discharge list, popularize and apply advanced prevention and control technologies, and give full play to the supporting role of science and technology in the prevention and control of air pollution.