Measures for the prevention and control of air pollution in the Pearl River Delta of Guangdong Province

(This document has been abolished)

No.134


  Measures for the prevention and control of air pollution in the Pearl River Delta of Guangdong Province have been adopted at the 27th executive meeting of the 11th Guangdong Provincial People’s Government on February 27th, 2009, and are hereby promulgated and shall come into force as of May 1st, 2009.


Measures for the prevention and control of air pollution in the Pearl River Delta of Guangdong Province

 

  the first In order to protect and improve the atmospheric environment in the Pearl River Delta region, prevent and control regional and compound air pollution, and safeguard human health, these measures are formulated in accordance with the provisions of the Law of People’s Republic of China (PRC) on the Prevention and Control of Air Pollution and relevant laws and regulations.

  the second These Measures are applicable to the prevention and control of air pollution in the Pearl River Delta region of Guangdong Province. The units and individuals involved in these Measures refer to the units and individuals in the Pearl River Delta region.

  The scope of the Pearl River Delta region (hereinafter referred to as the region) is determined in accordance with the provisions of the Outline of the Modernization Construction Plan of the Pearl River Delta Economic Zone in Guangdong Province.

  Article The provincial people’s government shall formulate regional air pollution prevention and control plans, and control or reduce the total emission of major air pollutants in various places in a planned way.

  The people’s governments at or above the county level are responsible for improving the atmospheric environmental quality in their respective administrative areas, making plans and taking measures to make the atmospheric environmental quality in their respective administrative areas reach the prescribed standards.

  Article 4 The competent environmental protection departments of the people’s governments at all levels shall exercise unified supervision and management over the prevention and control of air pollution, and uniformly release information on the quality of the atmospheric environment.

  The comprehensive macro-control department of the economy formulates industrial policies conducive to the prevention and control of air pollution; Public security, transportation, fishery and maritime administrative departments shall, according to their respective responsibilities, supervise and manage the prevention and control of air pollution of motor vehicles and motor boats.

  Other relevant competent departments shall, within the scope of their respective duties, supervise and manage the prevention and control of air pollution.

  The supervisory organs of the people’s governments at all levels shall, in accordance with the law, supervise and inspect the relevant administrative departments and their staff in performing their duties in the prevention and control of air pollution, and promptly investigate and deal with acts that do not perform their duties according to law.

  Article 5 The provincial people’s government to establish regional air pollution prevention and control joint control supervision and cooperation mechanism, take the following measures to supervise the prevention and control of air pollution in the region:

  (a) to check the implementation of the air pollution prevention and control plan in the region, and organize the assessment of the air pollution prevention and control work of the people’s governments at all levels in the region;

  (two) regularly report the progress of the implementation of air pollution prevention and control planning in the region, the quality of the atmospheric environment, major construction projects, etc.;

  (three) to coordinate and solve air pollution disputes in administrative areas across cities;

  (four) to coordinate all localities and departments to establish a unified regional environmental protection policy.

  Article 6 The competent department of environmental protection of the provincial people’s government shall establish an atmospheric environmental quality monitoring and evaluation system that conforms to the characteristics of regional air pollution, and build a regional atmospheric environmental quality monitoring network system. The monitoring points shall cover urban areas, both sides of urban roads and clean background areas.

  The competent department of environmental protection at the prefecture level and listed on the market shall establish and improve the atmospheric environmental monitoring network in accordance with the provisions of the state and the province, and set up an automatic online monitoring system for atmospheric environmental quality and atmospheric pollution sources.

  The competent meteorological department of the provincial people’s government shall carry out an assessment of the current situation of weather and climate conditions that affect the transportation, diffusion and change of atmospheric pollutants, and establish a regional haze weather monitoring, forecasting and early warning system.

  Article 7 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 competent department of environmental protection of the people’s governments at all levels shall, according to the local actual situation, set up an award-winning reporting system for air pollution and motor vehicle pollution or employ "social supervisors" to assist in the supervision and management of air pollution prevention and control.

  People’s governments at all levels may commend and reward enterprises that have completed the task of controlling the total discharge of pollutants ahead of schedule or exceeding the target, and other units and individuals that have made outstanding contributions to the prevention and control of air pollution.

  Article 8 The provincial people’s government implements a total amount control system for major air pollutants such as sulfur dioxide, nitrogen oxides, volatile organic compounds and inhalable particulate matter discharged within the region.

  The people’s governments at or above the county level shall, in accordance with the provisions of the provincial people’s government, reduce and control the total discharge of major air pollutants in their respective administrative areas.

  The discharge of atmospheric pollutants shall not exceed the national or local standards for the discharge of atmospheric pollutants and the total emission control indicators of major atmospheric pollutants.

  The environmental protection department of the government shall suspend the examination and approval of the environmental impact assessment documents of the construction projects that have increased the total emission of major air pollutants in areas that exceed the total emission control index of major air pollutants and the environment has no capacity.

  Prohibit the development and use of industries and products with large air pollutant emissions; Promote enterprises to save energy and reduce consumption and promote clean production.

  Article 9 The people’s governments listed at the prefecture level shall implement the national motor vehicle emission standards for the next stage in advance for the registration of new buses, taxis and official vehicles, and support the economic compensation policies for eliminating buses and taxis in use below the national emission standards for the second stage; Encourage other vehicles to register new cars and implement the national motor vehicle emission standards in the next stage in advance.

  Implement environmental protection sign management for motor vehicles. Motor vehicles with excessive air pollutant emissions are prohibited from driving on the road.

  Motor boats shall not exceed the national emission standards when driving.

  Article 10 Oil supply enterprises shall supply refined oil products for vehicles that meet the national motor vehicle emission standards at the present stage to all gas stations in the region before December 31, 2009, and accelerate the promotion and supply of refined oil products for vehicles that meet the national motor vehicle emission standards at the next stage.

  Newly-built oil depots, gas stations and newly-registered tankers shall be put into use only after the installation of oil and gas recovery systems is completed; Built oil depots, gas stations and in-use tankers should complete the comprehensive treatment facilities for oil and gas recovery before the end of 2010.

  Article 11 New coal-fired and oil-fired power plants are no longer planned in the region.

  Coal-fired and oil-fired power plants and units that use industrial boilers and kilns shall adopt desulfurization, sulfur fixation, dust removal, denitrification or low-nitrogen combustion technologies in accordance with national and provincial regulations. Coal-fired and oil-fired power plants and boilers and kilns with rated evaporation of more than 65 tons shall be equipped with automatic online monitoring devices for air pollutant emissions, which shall be networked with the competent environmental protection department of the local people’s government and ensure their normal operation.

  Coal-fired units with desulfurization facilities and coal-fired, oil-fired and gas-fired units with denitrification facilities are entitled to the on-grid tariff increase policy according to regulations. Under the same energy consumption level, the generator set with desulfurization and denitrification facilities shall be given priority to access the Internet.

  The people’s governments listed at the prefecture level shall eliminate industrial boilers and kilns with high energy consumption and heavy pollution according to the needs of air pollution prevention and control within their respective administrative areas, and actively develop industrial boilers and kilns with low energy consumption, light pollution or no pollution; Formulate the implementation scope, time limit and subsidy policy for coal-fired boilers and kilns to switch to clean energy to reduce coal-fired pollution.

  The people’s governments listed at the prefecture level shall, according to the needs of air pollution prevention and control, delimit fuel restricted areas within their administrative areas, and prohibit the construction of ordinary coal-fired and oil-fired boilers in the restricted areas.

  Article 12 Eliminate paint and coating products with high volatile organic compounds content; Encourage the production and sale of insecticidal aerosol, detergent, adhesive, hair gel and other products with low volatile organic compounds content.

  Automobile manufacturing, automobile maintenance, petrochemical, furniture manufacturing and processing, shoemaking, printing, electronics, clothing dry cleaning and other industries should control unorganized emission of volatile organic compounds in accordance with relevant technical specifications.

  Article 13 Urban catering service operators shall not discharge oil fume and smoke beyond the prescribed standards. Oil fume shall be discharged through a special flue, and it is forbidden to discharge oil fume into urban underground pipe networks.

  Newly built catering service business premises shall use clean energy such as electricity, natural gas and liquefied petroleum gas; The established catering service business premises shall be converted to clean energy within a time limit in accordance with the requirements of the people’s governments at the local and municipal levels.

  Article 14 It is forbidden to use waste asphalt, linoleum, rubber, plastics, leather and other substances that can produce toxic and harmful smoke and malodorous gases after incineration as fuel; It is forbidden to recycle metals by open burning.

  Article 15 If the idle or bare land in urban areas has green conditions, temporary green space shall be built.

  Storage and stacking of coal, coal gangue, cinder, coal ash, sand and gravel, lime soil and other materials that are easy to produce dust shall be fenced and covered to prevent and control dust pollution.

  The construction site should take measures to prevent and control dust pollution, such as enclosure and cover; When construction vehicles enter or leave the construction site, measures such as spraying or washing shall be taken.

  Loading, unloading, transporting and storing substances that can emit toxic and harmful gases or dust shall be equipped with special sealing devices or take other dust-proof measures.

  In roads, squares and other public places, measures should be taken to prevent and control dust pollution.

  Article 16 People’s governments at all levels shall establish an air pollution accident forecasting and early warning system and an emergency plan. When the pollution level reaches the corresponding warning level, the following emergency measures shall be taken:

  (a) timely notification of units and residents that may be harmed by pollution;

  (2) Prohibiting the discharge of specific pollution sources;

  (3) Prohibiting or restricting the driving of high-emission motor vehicles;

  (4) Take other effective measures to reduce or eliminate pollution.

  Article 17 In violation of the provisions of the third paragraph of Article 8 of these measures, if the pollutant discharged by the pollutant discharge unit exceeds the national or local air pollutant discharge standards, the competent environmental protection department of the people’s government at or above the county level shall order it to be treated within a time limit and impose a fine of 10,000 yuan to 100,000 yuan; Those who exceed the national or local air pollutant total amount control targets shall be ordered by the competent environmental protection department of the people’s government at or above the county level to treat within a time limit and be fined between 10,000 yuan and 30,000 yuan.

  During the period of treatment within a time limit, the competent department of environmental protection of the people’s government shall order it to limit production, limit emissions or stop production for rectification. The deadline for governance is no longer than one year. If the governance task is not completed within the time limit, it shall be reported to the people’s government at the same level and ordered to suspend business or close down.

  Article 18 In violation of the provisions of the second paragraph of Article 9 of these Measures, if a motor vehicle with excessive air pollutant emission runs on the road, it shall be punished by the public security organ according to law.

  In violation of the provisions of the third paragraph of Article 9 of these measures, if the motor boat exceeds the prescribed emission standards when driving, the maritime, transportation, fishery and other departments exercising supervision and management rights according to law shall be punished according to law.

  Article 19 In violation of the provisions of the second paragraph of article tenth of these measures, the competent department of environmental protection of the people’s government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

  Article 20 In violation of the provisions of the second paragraph of article eleventh of these measures, the competent department of environmental protection of the people’s government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 10 thousand yuan but not more than 30 thousand yuan shall be imposed.

  Article 21 In violation of the provisions of the first paragraph of Article 13 and the third paragraph of Article 15 of these measures, the competent department of environmental protection of the people’s government at or above the county level or other departments exercising the power of supervision and management according to law shall be ordered to stop the illegal act, make corrections within a time limit, and may be fined between 5,000 yuan and 50,000 yuan.

  Article 22 In violation of the provisions of article fourteenth of these measures, the competent department of environmental protection of the people’s government at or above the county level shall order it to stop the illegal act and impose a fine of more than 2000 yuan and less than 20 thousand yuan.

  Article 23 Whoever, in violation of the provisions of the first, second and fourth paragraphs of Article 15 of these measures, carries out construction in urban areas or engages in other activities that produce dust pollution, and fails to take effective dust prevention and control measures, resulting in pollution of the atmospheric environment, shall be ordered to make rectification within a time limit according to law, and be fined between 2,000 yuan and 20,000 yuan; Those who fail to meet the requirements of local environmental protection regulations within the time limit may be ordered to stop work for rectification.

  The punishment prescribed in the preceding paragraph for dust pollution caused by construction shall be decided by the construction administrative department of the people’s government at or above the county level; The punishment for other dust pollution shall be decided by the relevant competent department designated by the people’s government at or above the county level.

  Article 24 Those who engage in air pollution prevention and monitoring, supervision and law enforcement management abuse their powers, engage in malpractices for selfish ends, neglect their duties, and make administrative omissions shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

  Article 25 These Measures shall come into force as of May 1, 2009.