Regulations of Xi Municipality on Prevention and Control of Air Pollution (revised 20 10)

Chapter I General Provisions Article 1 In order to prevent and control air pollution, improve the atmospheric environment, safeguard human health and promote sustainable economic and social development, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the prevention and control of air pollution in this Municipality. Article 3 The Municipal Environmental Protection Bureau is the administrative department in charge of the prevention and control of air pollution in this Municipality. The administrative departments of planning, construction, municipal administration, public security, transportation, health, agriculture, commerce, industry and commerce, quality and technical supervision shall, according to their respective functions and duties, supervise and manage the prevention and control of air pollution according to law. Article 4 The municipal, district and county people's governments must incorporate the prevention and control of air pollution into the national economic and social development plan and take effective measures to protect and improve the atmospheric environment. Article 5 This Municipality encourages scientific research on the prevention and control of air pollution, popularizes scientific knowledge of environmental protection, and raises the awareness of environmental protection of the whole people. Article 6 All units and individuals have the obligation to protect the atmospheric environment and have the right to report and accuse the units and individuals that pollute the atmospheric environment.

The municipal, district and county people's governments shall commend and reward the units and individuals that have made outstanding contributions in the prevention and control of air pollution. Chapter II Supervision and Administration of Prevention and Control of Air Pollution Article 7 Nature reserves, scenic spots and other areas in need of special protection in this Municipality are the first-class functional areas of ambient air quality, which shall meet the first-class national standard of ambient air quality; Other areas are the second-class functional areas of ambient air quality, which should meet the second-class national standard of ambient air quality.

The specific scope of the functional area of ambient air quality shall be defined by the municipal environmental protection administrative department in conjunction with the municipal planning, development and reform department according to the overall urban planning and ecological environment construction planning, and shall be announced after being approved by the Municipal People's government. Article 8 This Municipality implements the system of controlling the emission concentration and total amount of major air pollutants.

The list of major air pollutants shall be drawn up by the municipal environmental protection administrative department according to the provisions of the state and the actual situation of this Municipality, and shall be published after being approved by the Municipal People's Government. Ninth municipal environmental protection administrative department shall, according to the total amount control index of major air pollutants approved by the provincial people's government, prepare the total amount control plan of major air pollutants in this Municipality, and organize the implementation after the approval of the Municipal People's government.

The district and county people's governments shall, according to the total emission control indicators of major air pollutants approved by the Municipal People's government, prepare the total emission control plan of major air pollutants in their respective districts and counties, and organize their implementation.

Development Zone and Industrial Base Management Committee shall, according to the total emission of major air pollutants approved by the Municipal People's Government, prepare the total emission control plan of major air pollutants and organize its implementation. Article 10 The environmental impact assessment report of the overall land use planning, regional and river basin development planning prepared by the Municipal People's Government and the special planning of industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resources development prepared by relevant departments must include the assessment of the atmospheric environmental impact.

New construction, expansion and reconstruction of construction projects that produce air pollutants shall comply with the relevant state regulations on environmental protection and management. Article 11 This Municipality implements a permit system for the discharge of major air pollutants.

Units that discharge major air pollutants must apply to the competent administrative department of environmental protection and obtain a permit for discharge of major air pollutants; No major air pollutants may be discharged without obtaining a permit for discharge of major air pollutants.

The concentration, quantity and types of major air pollutants discharged by units that have obtained the discharge permit for major air pollutants shall not exceed the prescribed standards. Twelfth units and individual industrial and commercial households that discharge pollutants into the atmosphere must be equipped with air pollutant treatment facilities to ensure the normal operation of the treatment facilities, and shall not stop running or dismantle them without authorization. Thirteenth units and individual industrial and commercial households that produce, store, transport and use toxic and harmful gases shall formulate preventive measures and emergency plans for sudden pollution accidents.

The emergency plan must be reported to the competent administrative department of environmental protection or other relevant departments for the record, and the departments that accept the record shall strengthen the inspection and technical guidance of the filing units. Article 14 The key units for the prevention and control of air pollution, boilers with a capacity of over 1.4 MW and kilns or other facilities with equivalent discharge of air pollutants regularly announced by the Municipal People's Government must be equipped with automatic monitoring instruments and equipment for air pollutants, which shall be brought into the unified monitoring network by the municipal environmental protection administrative department. Fifteenth municipal environmental protection administrative department is responsible for the unified supervision and monitoring of atmospheric environmental quality and atmospheric pollution sources in this Municipality, and establish and improve the atmospheric environmental monitoring network; Regularly publish the city's environmental air quality bulletin, and publish the environmental air quality forecast and daily report. Sixteenth in the city's atmosphere is seriously polluted, endangering human health and safety in an emergency, the municipal or district/county people's government shall promptly issue an announcement and take compulsory emergency measures. Chapter III Prevention and Control of Coal-burning Pollution Article 17 The Municipal People's Government shall, according to the atmospheric environmental quality status and environmental quality objectives, delimit areas where coal is prohibited and areas where coal is restricted, and make an announcement. Eighteenth in the area where coal burning is prohibited, it is forbidden to sell coal, and it is forbidden for units and individual industrial and commercial households to burn coal.