Atmospheric Pollution Prevention and Control Law of China (2015 Revision)

 2018-05-10  70


Atmospheric Pollution Prevention and Control Law of China (2015 Revision)


· Document Number:Order No. 31 of the President

· Area of Law: Environmental Protection

· Level of Authority: Laws

· Date issued:08-29-2015

· Effective Date:01-01-2016

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Order of the President of the People's Republic of China
(No. 31)
The Atmospheric Pollution Prevention and Control Law of China, as revised, has been adopted at the 16th session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015, is hereby issued, and shall come into force on January 1, 2016.
President of the People's Republic of China: Xi Jinping
August 29, 2015
Atmospheric Pollution Prevention and Control Law of the People's Republic of China
(Adopted at the 22nd session of the Standing Committee of the Sixth National People's Congress on September 5, 1987, amended according to the Decision on Amending the Atmospheric Pollution Prevention and Control Law of the People's Republic of China as adopted at the 15th session of the Standing Committee of the Eighth National People's Congress on August 29, 1995, revised for the first time at the 15th session of the Standing Committee of the Ninth National People's Congress on April 29, 2000, and revised for the second time at the 16th session of the Standing Committee of the Twelfth National People's Congress on August 29, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Atmospheric Pollution Prevention and Control Standards and Plans for Reaching Standards within the Prescribed Time
Chapter III Supervision and Administration of Atmospheric Pollution Prevention and Control
Chapter IV Atmospheric Pollution Prevention and Control Measures
Section 1 Prevention and Control of Pollution from Burning Coal and Other Energy
Section 2 Industrial Pollution Prevention and Control
Section 3 Prevention and Control of Pollution from Motor-driven Vehicles and Vessels
Section 4 Prevention and Control of Dust Pollution
Section 5 Prevention and Control of Agricultural and Other Pollution
Chapter V Joint Prevention and Control of Atmospheric Pollution in Key Areas
Chapter VI Response to Heavy Air Pollution Weather
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is developed for the purpose of protecting and improving the environment, preventing and controlling atmospheric pollution, safeguarding the health of the general public, enhancing ecological civilization, and promoting the sustainable development of economy and society.
Article 2 Atmospheric pollution prevention and control shall aim at improving the quality of the atmospheric environment, adhere to regulation from the source, make plans first, transform the economic development mode, optimize industry structure and layout, and adjust the energy structure.
Atmospheric pollution prevention and control shall strengthen the prevention and control of atmospheric pollution from coal, industry, motor-driven vehicles and vessels, dust, and agriculture, promote joint prevention and control of regional atmospheric pollution, and conduct cooperative control of atmospheric pollutants and greenhouse gas such as particles, sulfur dioxide, nitrogen oxide, volatile organic compounds, and ammonia, etc.
Article 3 The people's governments at and above the county level shall include atmospheric pollution prevention and control in the national economic and social development planning and increase financial support for it.
The local people's governments at all levels shall be responsible for the quality of the atmospheric environment of their respective administrative regions, make plans, take measures, control or gradually reduce the discharge of atmospheric pollutants, and make the atmospheric environment quality reach the prescribed standards and gradually improve it.
Article 4 The environmental protection administrative department under the State Council shall, jointly with other relevant departments under the State Council, evaluate the provinces, autonomous regions and municipalities directly under the Central Government regarding the achievement of goals of improving the quality of atmospheric environment and the completion of key atmospheric pollution prevention and control tasks. The people's governments of each province, autonomous region and municipality directly under the Central Government shall evaluate the achievement of goals of improving the quality of atmospheric environment and the completion of key atmospheric pollution prevention and control task within their respective administrative regions. The evaluation results shall be made available to the general public.
Article 5 The environmental protection administrative departments of the people's governments at and above the county level shall oversee and regulate the atmospheric pollution prevention and control in a unified way.
Other relevant departments of the people's governments at and above the county level shall oversee and regulate the atmospheric pollution prevention and control within the scope of their functions.
Article 6 The state encourages and supports the scientific and technological research of atmospheric pollution prevention and control, analyzes the sources and development trends of atmospheric pollution, promotes the use of advanced and applicable technologies and equipment for atmospheric pollution prevention and control, enhances the transformation of scientific and technological achievements, and gives play to the supporting role of science and technology in atmospheric pollution prevention and control.
Article 7 Enterprises, public institutions, and other business entities shall take effective measures to prevent or reduce atmospheric pollution and shall assume legal responsibility for the damage they have caused.
Citizens shall increase their awareness of protecting the atmospheric environment, take to low-carbon and economical lifestyles, and voluntarily fulfill their obligations of protecting the atmospheric environment.
Chapter II Atmospheric Pollution Prevention and Control Standards and Plans for Reaching Standards within the Prescribed Time
Article 8 When developing atmospheric environment quality standards, the environmental protection administrative department under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government shall aim at safeguarding the public health and protecting the ecological environment, adapt to economic and social development, and ensure that they are scientific and reasonable.
Article 9 When developing atmospheric pollutant discharge standards, the environmental protection administrative department under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government shall take atmospheric environment quality standards and the economic and technical conditions of the state as basis.
Article 10 In the development of atmospheric environment quality standards and atmospheric pollutant discharge standards, it is required to organize experts for examination and demonstration and solicit the opinions of relevant authorities, industry associations, enterprises, public institutions, and the general public.
Article 11 The environmental protection administrative department of a people's government at or above the provincial level shall publish atmospheric environment quality standards and atmospheric pollutant discharge standards on its website for the access of the general public and download free of charge.
Article 12 The implementation of atmospheric environment quality standards and atmospheric pollutant discharge standards shall be evaluated on a regular basis, and revisions shall be made according to the evaluation results when necessary.
Article 13 In the development of quality standards for products containing volatile organic compounds, such as coal, petroleum coke, biomass fuel, and coatings, fireworks and firecrackers, boilers, etc., the atmospheric environment protection requirements shall be specified.
Fuel quality standards shall comply with the atmospheric pollutant control requirements of the state and shall be consistent and simultaneously implemented with the atmospheric pollutant discharge standards of the state for motor-driven vehicles and vessels and non-road mobile machinery.
The term “non-road mobile machinery” as mentioned in the preceding paragraph means mobile machines and transportable industrial equipment with engines.
Article 14 The people's governments of cities failing to reach the national atmospheric environment quality standards shall timely make plans for reaching atmospheric environment quality standards within the prescribed time and take measures to reach atmospheric environment quality standards within the time limit specified by the State Council or the provincial people's governments.
In the making of plans for reaching atmospheric environment quality standards within the prescribed time, it is required to solicit the opinions of relevant industry associations, enterprises, public institutions, experts, and the general public.
Article 15 A plan made for a city to reach atmospheric environment quality standards within a prescribed time shall be made public. The plan made for a municipality directly under the Central Government or a districted city for reaching atmospheric environment quality standards within a prescribed time shall be submitted to the environmental protection administrative department under the State Council for recordation.
Article 16 When reporting the environment condition and the achievement of environmental protection goals to the people's congress at the same level or the standing committee thereof, the people's government of a city shall report the implementation of the plan for reaching atmospheric environment quality standards within the prescribed time and shall make such information available to the public.
Article 17 The plan of a city to reach atmospheric environment quality standards within the prescribed time shall be evaluated and revised according to the atmospheric pollution prevention and control requirements and the economic and technical conditions when necessary.
Chapter III Supervision and Administration of Atmospheric Pollution Prevention and Control
Article 18 When building projects that have an impact on atmospheric environment, enterprises, public institutions, and other business entities shall conduct environmental impact assessments and publish the environmental impact assessment documents according to the law; when discharging pollutants to the atmosphere, they shall conform to the atmospheric pollutant discharge standards and abide by the total quantity control requirements for the discharge of key atmospheric pollutants.
Article 19 Enterprises and public institutions discharging industrial waste gases or the toxic or hazardous atmospheric pollutants listed in the catalogue specified in Article 78 of this Law, business entities using coal heat sources for central heating facilities, and other entities subject to pollutant discharging licensing administration shall obtain a pollutant discharge license. The specific measures and implementation steps for pollutant discharge licensing shall be determined by the State Council.
Article 20 Enterprises, public institutions, and other business entities discharging pollutants to the atmosphere shall set atmospheric pollutant discharge outlets according to the laws, regulations, and the provisions of the environmental protection administrative department under the State Council.
It is prohibited to discharge atmospheric pollutants by means of evading supervision such as secretly discharging pollutants, altering or forging monitoring data, suspending production for the purpose of evading on-site inspection, opening emergency discharge channels under non-emergent situations, or operating atmospheric pollution prevention and control facilities in an abnormal manner.
Article 21 The state exercises total volume control over the discharge of key atmospheric pollutants.
The total volume control targets for the discharge of key atmospheric pollutants shall be reported by the environmental protection administrative department under the State Council, after soliciting the opinions of relevant departments under the State Council and the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, together with the general administrative department of economics under the State Council to the State Council for approval before being assigned for implementation.
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the total volume control targets assigned by the State Council, control or cut the total discharge volume of key atmospheric pollutants in their respective administrative regions.
The specific measures for determining and disassembling the total volume control targets shall be developed by the environmental protection administrative department under the State Council together with relevant departments under the State Council. The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government may, in view of the atmospheric pollution prevention and control needs in their respective administrative regions, exercise total volume control over the discharge of atmospheric pollutants other than those under the intensified supervision of the state.
The state will gradually promote the trading of the right to discharge key atmospheric pollutants.
Article 22 For an area which exceeds the state's total discharge volume control indicators of key atmospheric pollutants or fails to achieve the atmospheric environmental quality objectives assigned by the state, the environmental protection administrative department of the people's government at or above the provincial level shall hold interviews with the chief person-in-charge of the people's government of the area together with relevant departments, and suspend the procedures for approving the environmental impact assessment documents on construction projects in the area that will increase the total discharge volume of key atmospheric pollutants. The interview process shall be made open to the public.
Article 23 The environmental protection administrative department under the State Council shall be responsible for developing atmospheric environmental quality and atmospheric pollution source monitoring and assessment norms, organizing the building of and managing the national atmospheric environmental quality and atmospheric pollution source monitoring net, organizing atmospheric environmental quality and atmospheric pollution source monitoring activities, and releasing information about the national atmospheric environmental quality condition in a unified way.
The environmental protection administrative department of a local people's government at or above the county level shall be responsible for organizing the building of and managing the atmospheric environmental quality and atmospheric pollution source monitoring net for the administrative region, conducting atmospheric environmental quality and atmospheric pollution source monitoring, and releasing information about atmospheric environmental quality condition in the administrative region in a unified way.
Article 24 Enterprises, public institutions, and other business entities shall, according to relevant provisions and monitoring norms of the state, monitor the industrial waste gases and the toxic and hazardous atmospheric pollutants listed in the catalogue mentioned in Article 78 of this Law they have discharged, and preserve the original monitoring records. In particular, pollutant discharging entities under intensified supervision shall install and use automatic atmospheric pollutant discharge monitoring equipment, stay connected to the monitoring equipment of the environmental protection administrative departments, ensure the normal functioning of the monitoring equipment, and publish the discharge information according to law. The specific measures for monitoring and the conditions for pollutant discharging entities under intensified supervision shall be determined by the environmental protection administrative department under the State Council.
The list of pollutant discharging entities under intensified supervision shall be determined by the environmental protection administrative department of the local people's government at or above the level of districted city by consulting relevant departments in view of the atmospheric environmental carrying capacity, the total discharge volume control indicators for key atmospheric pollutants, and the variety, quantity, and concentration of the atmospheric pollutants discharged by pollutant discharging entities in the administrative region and shall be made public.
Article 25 Pollutant discharging entities under intensified supervision shall be responsible for the veracity and accuracy of automatic monitoring data. If discovering any unusual circumstance in the data transmission of the automatic atmospheric pollutant discharge monitoring equipment of any pollutant discharging entity under intensified supervision, the environmental protection administrative department shall conduct an investigation in a timely manner.
Article 26 It is prohibited to misappropriate, destroy, move or alter without approval atmospheric environment quality monitoring equipment or automatic atmospheric pollutant discharge monitoring equipment.
Article 27 The state shall apply an elimination system to the techniques, equipment, and products that cause serious pollution to the atmospheric environment.
The general administrative department of economics under the State Council shall, together with other relevant departments under the State Council, determine the time limits for elimination of the techniques, equipment, and products that cause serious pollution to the atmospheric environment and include them in the catalogue of comprehensive industrial policies of the state.
Producers, importers, distributors, and users shall stop producing, importing, selling or using the equipment and products in the catalogue as mentioned in the preceding paragraph within the prescribed time limits. Technique adopters shall stop adopting the techniques listed in the catalogue as mentioned in the preceding paragraph within the prescribed time limits.
Eliminated equipment and products shall not be transferred to anyone else for use.
Article 28 The environmental protection administrative department under the State Council shall, together with other relevant departments, establish an atmospheric pollution damage assessment system and improve it.
Article 29 Environmental protection administrative departments, the environmental supervision institutions authorized by them, and other departments with environmental protection regulatory functions shall have the authority to, by means of on-site inspection and monitoring, automatic monitoring, remote sensing monitoring, and remote infra-red photographing, oversee and inspect the enterprises, public institutions, and other business entities that discharge atmospheric pollutants. Entities under inspection shall honestly provide relevant information and necessary materials. Inspecting departments or institutions and the staff members thereof shall keep confidential the trade secrets of the entities under inspection.
Article 30 For enterprises, public institutions, and other business entities that discharge atmospheric pollutants in violation of any law or regulation, if it has caused or is likely to cause serious atmospheric pollution, or relevant evidence is likely to be destroyed or concealed, the environmental protection administrative departments of the people's governments at and above the county level and other departments with environmental protection regulatory functions may seize, impound or take other compulsory administrative measures for relevant facilities, equipment, and articles.
Article 31 Environmental protection administrative departments and other departments with environmental protection regulatory functions shall publish their tip-off hotlines and e-mail accounts to for the convenience of the general public to make tip-offs.
After receiving a tip-off, an environmental protection administrative department or any other department with environmental protection regulatory functions shall timely handle the tip-off and keep the tipster's information confidential. If the tip-off is reported in real name, the tipster shall be informed of the handling result, and if the tip-off is verified as true, the handling result shall be disclosed to the public according to the law and the tipster shall be rewarded.
Where a tipster makes a tip-off against his or her employer, the employer shall not retaliate against the tipster by means of rescinding or modifying the employment contract with the tipster.
Chapter IV Atmospheric Pollution Prevention and Control Measures
Section 1 Prevention and Control of Pollution from Coal and Other Energy
Article 32 Relevant departments under the State Council and local people's governments at all levels shall take measures to revamp the energy structure, promote the production and use of clean energy, optimize the use of coal, promote the clean and efficient utilization of coal, gradually reduce the proportion of coal in primary energy consumption, and reduce the discharge of atmospheric pollutants in the production, use, and transformation of coal.
Article 33 The state promotes the washing processing of coal for the purpose of reducing the sulfur and ash in coal, and restricting the mining of high-sulfur or high-ash coal. When building a new coal mine, supporting facilities for the washing of coal shall be built simultaneously so as to ensure that the sulfur and ash in coal are within the prescribed limits. For an existing coal mine, supporting facilities for the washing of coal shall be built within the prescribed time, unless the coal mined is low-sulfur or low-ash coal or washing is not required by the relevant coal-fired power plant that has reached the discharge standards.
It is prohibited to mine coal with radioactive, arsenic, and other toxic or harmful substances beyond the prescribed limits.
Article 34 The state adopts economic and technical policies and measures conducive to the clean and efficient utilization of coal and encourages and supports the development and popularization of clean coal technology.
The state encourages coal enterprises and other business entities to adopt reasonable and feasible technologies and measures to exploit coal seam gas and comprehensively utilize coal gangue. Those engaged in the exploitation of coal seam gas shall discharge coal seam gas in compliance with relevant standards and norms.
Article 35 The state bans the import, sale, and use of coal that fails to meet the quality standards and encourages the use of quality coal.
Entities stored with materials such as coal, coal gangue, coal cinder, and coal ash shall take flameproof measures to prevent atmospheric pollution.
Article 36 Local people's governments at all levels shall take measures to strengthen the management of scattered coal for civil uses, ban the sale of coal that fails to meet the quality standards for scattered coal for civil uses, encourage residents to use quality coal and clean coal, and promote energy-saving and environment-friendly stoves.
Article 37 Petroleum refining enterprises shall produce fuel oil according to the quality standards for fuel oil.
It is prohibited to import, sell or burn petrol coke that fails to meet the quality standards.
Article 38 Urban people's governments may delimit and publish combustion forbidden zones of high-pollution fuels and, in view of the atmospheric environment quality improvement requirements, gradually enlarge such zones. The catalogue of high-pollution fuels shall be determined by the environmental protection administrative department under the State Council.
In combustion forbidden zones, it is prohibited to sell and use high-pollution fuels and build or expand facilities burning high-pollution fuels. Those already built shall replace high-pollution fuels with natural gas, shale gas, liquefied petroleum gas, electricity or other clean energy within the time limits as specified by the urban people's governments.
Article 39 In urban construction, overall arrangements and plans shall be made to promote combined heating and power and centralized heat supply. In areas covered by the centralized heat supply network, it is prohibited to build or expand decentralized coal-fueled heat supply boilers, and those existing coal-fueled heat boilers that fail to reach the discharge standards shall be demolished within the time limits as specified by the urban people's governments.
Article 40 The quality supervision departments of the people's governments at and above the county level shall, together with the environmental protection administrative departments, oversee and inspect the implementation of environmental protection standards or requirements in the production, import, sale, and use of boilers. Those failing to meet the environmental protection standards or requirements shall not be produced, imported, sold or used.
Article 41 Coal-fueled power plants and other coal-fueled entities shall adopt clean production techniques, establish dust removal, desulfurization, denitration, and other supporting devices, or carry out technical transformation or take other measures to control the discharge of atmospheric pollutants.
The state encourages coal-fired entities to use advanced dust removal, desulfurization, denitration, demercurilization, and other technologies and devices for the cooperative control of atmospheric pollutants to reduce the discharge of atmospheric pollutants.
Article 42 In electric power dispatch, electricity generated by clean energy shall be fed into the power grid with priority.
Section 2 Prevention and Control of Industrial Pollution
Article 43 Steel, building materials, nonferrous metals, petroleum, chemical engineering, and other enterprises that discharge dust, sulfide or nitrogen oxide in the production process shall adopt clean production techniques and build dust removal, desulfurization, denitration, and other supporting devices, or carry out technical transformation or take other measures to control the discharge of atmospheric pollutants.
Article 44 In the production, import, sale, and use of raw materials and products containing volatile organic compounds, the content of volatile organic compounds shall meet the quality standards or requirements.
The state encourages the production, import, sale, and use of hypotoxic and low volatile organic solvents.
Article 45 Production and service activities generating waste gases containing volatile organic compounds shall be conducted in an enclosed space or equipment, for which pollution prevention and control facilities shall be installed and used as required. If the space or equipment is not enclosed, measures shall be taken to reduce the discharge of waste gases.
Article 46 Industrial coating enterprises shall use low volatile organic compounds and keep ledgers to record the consumption, discard, use, and content of volatile organic compounds of raw and auxiliary materials. Such ledgers shall be retained for not less than three years.
Article 47 Petroleum enterprises, chemical industrial enterprises, and other enterprises producing or using organic solvents shall take measures for the routine maintenance and repair of pipelines and equipment, reduce the leakage of substances, and collect and dispose of leaked substances without delay.
Oil and gas storage banks, oil and gas stations, crude oil and refined oil terminals, crude oil and refined oil transportation vessels and tankers, and gas tankers shall have oil and gas recycling devices and ensure their normal functioning.
Article 48 Steel, building materials, nonferrous metals, petroleum, chemical industrial, pharmaceutical, and mining enterprises shall strengthen intensive management and take such measures as centralized collection and disposal to strictly control the discharge of dust and gaseous pollutants.
Industrial production enterprises shall take measures such as sealing, fencing, sheltering, cleaning, and spraying, etc. to reduce the discharge of dust and gaseous pollutants in the stockpiling, transmission, loading and unloading, and other handling links of internal materials.
Article 49 The combustible gases generated from industrial production, garbage landfilling or other activities shall be recycled or, if non-recyclable, be treated for pollution prevention and control.
The recycling devices for combustible gases shall be repaired or updated without delay when they cannot function normally. Where it is really necessary to discharge combustible gases when the recycling devices cannot function normally, the discharged combustible gas shall be fully burned or other measures for control over the discharge of atmospheric pollutants shall be taken, the situation shall be reported to the local environmental protection administrative department, and the devices shall be repaired or updated as required within the prescribed time.
Section 3 Prevention and Control of Pollution from Motor-driven Vehicles and Vessels
Article 50 The state shall advocate low-carbon and environment-friendly transportation, reasonably control the quantity of oil-fueled motor vehicles according to urban planning, make great efforts to develop public transportation in urban areas, and increase the proportion of public transportation.
The state shall take fiscal, tax, governmental procurement, and other measures to promote and apply energy-saving, environment-friendly and new-energy motor-driven vehicles and vessels and non-road mobile machines, restrict the development of high fuel consumption and high pollutant discharge motor-driven vehicles and vessels and non-road mobile machines, and reduce the consumption of fossil energy.
The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may, in areas with the right conditions, implement the discharge limits for the corresponding stage of the national standards for the discharge of atmospheric pollutants by motor vehicles ahead of schedule and report to the environmental protection administrative department under the State Council for recordation.
Urban people's governments shall strengthen and improve urban traffic management, optimize road setting, and ensure the continuity and availability of pavements and non-motor vehicle lanes.
Article 51 Motor-driven vehicles and vessels and non-road mobile machines shall not discharge atmospheric pollutants beyond the prescribed standards.
It is prohibited to produce, import or sell motor-driven vehicles and vessels and non-road mobile machines that discharge atmospheric pollutants beyond the prescribed standards.
Article 52 Manufacturers of motor vehicles and non-road mobile machines shall inspect the discharge of the newly produced motor vehicles and non-road mobile machines. Those passing such inspection may leave the factory for sale. The inspection information shall be made public.
The environmental protection administrative departments of the people's governments at and above the provincial level may, by means of on-site inspection and sampling testing, strengthen supervision and inspection of the atmospheric pollutant discharge condition of newly manufactured and sold motor vehicles and non-road mobile machines. Industrial departments, quality supervision departments, administrative departments for industry and commerce, and other relevant departments shall provide assistance.
Article 53 For motor vehicles in use, motor vehicle discharge inspection institutions shall inspect their discharge of pollutants according to relevant national or local provisions on a regular basis. Only those passing such inspection may go on road. For those failing to pass such inspection, the traffic administrative departments of public security organs shall not issue safety and technical inspection conformity signs.
The environmental protection administrative departments of the local people's governments at and above the county level may, at centralized parking or repair places, make random tests of the atmospheric pollutant discharge of motor vehicles in use, and may, without affecting normal traffic, make random tests of the atmospheric pollutant discharge of motor vehicles on the road by such technical means as remote sensing monitoring, in which the traffic administrative departments of the public security organs shall provide assistance.
Article 54 Motor vehicle discharge inspection institutions shall pass measurement authentication, use motor vehicle discharge inspection devices that have passed inspection according to law, inspect the discharge of motor vehicles according to the norms developed by the environmental protection administrative department under the State Council, and remain connected to the network of environmental protection administrative departments to share inspection data on a real-time basis. Motor vehicle discharge inspection institutions and the person-in-charge shall be responsible for the veracity and accuracy of inspection data.
Environmental protection administrative departments and authentication and certification departments shall oversee and inspect the discharge inspection work of motor vehicle discharge inspection institutions.
Article 55 Motor vehicle manufacturing and import enterprises shall disclose information about the discharge inspection, pollution control technology, and relevant maintenance technology of the motor vehicles they manufactured or imported.
Motor vehicle maintenance entities shall maintain and repair the motor vehicles in use according to the atmospheric pollution prevention and control requirements and the relevant technical standards of the state to ensure that they reach the prescribed discharge standards. Transport departments and environmental protection administrative departments shall strengthen supervision and administration according to law.
Motor vehicle owners are prohibited to pass the motor vehicle discharge inspection by fraudulent means, such as changing the pollution control devices of motor vehicles for the occasion. Motor vehicle maintenance entities are prohibited to provide such maintenance services. The discharge diagnosis system of motor vehicles shall not be damaged.
Article 56 Environmental protection administrative departments shall, together with transport, housing and urban-rural development, agricultural administrative, water administrative, and other relevant departments, oversee and inspect the discharge of atmospheric pollutants by non-road mobile machines, and those failing to reach the discharge standards shall not be used.
Article 57 The state advocates eco-driving and encourages drivers of oil-fueled motor vehicles to, when they need to stop the car for three minutes or longer, stop the engine without blocking the road so as to reduce the discharge of atmospheric pollutants.
Article 58 The state shall establish a motor vehicle and non-road mobile machinery recall system for environmental protection purposes.
A manufacturing and import enterprise shall, when informed that the motor vehicles or non-road mobile machines they manufactured or imported that discharge atmospheric pollutants beyond the prescribed standards, have any design or manufacturing defect, or fail to meet the prescribed durability requirements for environmental protection, recall them. If it fails to make the recall, the quality supervision department under the State Council shall, jointly with the environmental protection administrative department under the State Council, order it to make the recall.
Article 59 Where any heavy-duty diesel-powered vehicle or non-road mobile machine in use has no pollution control device or fails to reach the discharge standards due to non-conformity of its pollution control device, a pollution control device shall be installed or replaced as required.
Article 60 Motor vehicles in use shall be repaired if their atmospheric pollutant discharge exceeds the prescribed limits. Those still failing to reach the national atmospheric pollutant discharge standards for motor vehicles in use after repair or application of pollution control technologies shall be compulsorily retired. Owners shall surrender or sell such motor vehicles to an enterprise recycling and dismantling retired motor vehicles for registration, dismantlement, and destruction under relevant state provisions.
The state shall encourage and support the advance retirement of high-emission motor-driven vehicles and vessels and non-road mobile machines.
Article 61 Urban people's governments may, in view of the quality condition of the atmospheric environment, delimit and publish the areas where the use of high-emission non-road mobile machinery is prohibited.
Article 62 Vessel inspection institutions shall conduct discharge inspections of the engines and other relevant equipment of vessels. Vessels shall not be put into operation until they are determined upon inspection that they have reached the discharge standards of the state.
Article 63 Vessels with direct access to inland rivers and river-seas shall use regular diesel that meets the prescribed standards. Ocean-going vessels shall use marine fuels that meet the atmospheric pollutant control requirements after reaching a port.
New docks shall plan, design, and build shore-based power supply facilities, and existing docks shall gradually renovate their shore-based power supply facilities. Vessels shall give priority to shore power in use of power.
Article 64 The transport administrative department under the State Council may delimit atmospheric pollutant discharge control areas in coastal sea areas, and vessels entering into the control areas shall meet the relevant discharge requirements for vessels.
Article 65 It is prohibited to produce, import, and sell fuels that fail to reach the prescribed standards for use by motor-driven vehicles and vessels and non-road mobile machines; to sell regular diesel and other fuels not for motor vehicles to automobiles and motorcycles; and to sell residual oil or heavy oil to non-road mobile machines or vessels with direct access to inland rivers and river-seas.
Article 66 The hazardous substance content and other atmospheric environment protection indicators of engine oil, nitrogen oxide reducing agents, fuel and lubricating oiladditives, and other additives shall meet the requirements of relevant standards, without damaging the effect and durability of the pollution control devices of motor-driven vehicles and vessels and increasing the discharge of atmospheric pollutants.
Article 67 The state shall actively promote the prevention and control of atmospheric pollution from civil aircrafts and encourage the taking of effective measures in the design, manufacturing, and use of civil aircrafts to reduce the discharge of atmospheric pollutants.
Civil aircrafts shall meet the engine-out emission requirements in the airworthiness standards of the state.
Section 4 Prevention and Control of Dust Pollution
Article 68 The local people's governments at all levels shall strengthen the administration of construction and transportation activities, keep the roads clean, control the storage of construction material piles and wastes, and enlarge the area of green land, water surface, wet land, and pavement area so as to prevent and control dust pollution.
Housing and urban-rural development, city appearance and environmental sanitation, transport, land and resource, and other relevant departments shall jointly conduct the prevention and control of dust pollution according to their duties determined by the people's governments at the same levels.
Article 69 A construction project owner shall include dust pollution prevention and control expenses in the costs of the project and specify in the construction contracting contract the dust pollution prevention and control responsibilities of the construction contractor. The construction contractor shall make a specific implementation plan for the prevention and control of construction dust pollution.
Construction contractors engaged in house building, municipal infrastructure construction, river regulation, and building demolition shall be registered with the department in charge of the prevention and control of dust pollution.
Construction contractors shall set rigid enclosures around construction sites and shall take coverage, sectional operation, construction during scheduled periods, sprinkling for dust suppression, surface washing, car washing, and other effective measures for dust prevention and suppression. Construction earth, waste soil, and garbage shall be cleaned without delay. Stockpiles on construction sites shall be covered with enclosed dustproof net. Construction waste soil and garbage shall be utilized as resources.
Construction contractors shall publish dust pollution prevention and control measures, the persons in charge, and the departments in charge of dust supervision at construction sites.
For construction land not available for construction for the time being, construction project owner shall cover the exposed ground. If the land is not used for more than three months, it shall be greened, paved or covered.
Article 70 Vehicles transporting coal, garbage, waste soil, sandstones, earth, mortar, and other bulk or liquid materials shall take enclosed or other measures to prevent dust pollution from their loss or leakage and shall stick to the predetermined route.
Enclosure, sprinkling, and other measures shall be taken in the loading and unloading of materials to prevent and control dust pollution.
Urban people's governments shall strengthen the cleaning management of roads, squares, parking lots, and other public places, and promote low-dust operations such as mechanized sweeping by clean power so as to prevent and control dust pollution.
Article 71 For exposed ground on municipal rivers, river courses, and common land, and other exposed ground in urban areas, relevant departments shall organize the planting of trees or grass or permeable pavement according to relevant planning.
Article 72 Materials easy to produce dust such as coal, gangue, coal cinder, coal ashes, cement, lime, plaster, sandstone, lime soil, and sandy soil shall be stored in enclosed spaces. If not enclosed, tight enclosures shall be established which shall not be lower than the stockpile of such materials, and effective coverage measures shall be taken to prevent and control dust pollution.
For docks, mines, landfills, and disposal sites, sectional operations shall be conducted, and effective measures shall be taken to prevent and control dust pollution.
Section 5 Prevention and Control of Agricultural and Other Pollution
Article 73 The local people's governments at all levels shall promote the transformation of agricultural production mode, develop agricultural circular economy, provide more support for the comprehensive disposal of wastes, and strengthen control of the discharge of atmospheric pollutants in agricultural production and operation activities.
Article 74 Agricultural producers and business operators shall improve their fertilization methods, scientifically and reasonably apply fertilizers, use pesticides in accordance with relevant state provisions, and reduce the discharge of atmospheric pollutants, such as ammonia and volatile organic compounds.
It is prohibited to spray extremely or highly toxic pesticides to trees, flowers and grasses in densely inhabited areas.
Article 75 Livestock and poultry farms andbreedingareasshall collect, store, clean, and innocuously treat sewage, livestock and poultry wastes, and livestock and poultry manure in a timely manner so as to prevent odors.
Article 76 The people's governments at all levels and the agricultural administrative departments and other relevant departments under the people's governments shall encourage and support the application of advanced and applicable technologies for the comprehensive utilization of straws and fallen leaves such as turning them into fertilizers, feeds, energy resources, industrial raw materials, and base materials for edible fungus, and increase financial subsidies for returning crop straw to farmland and integrated collection agricultural machinery.
The people's governments at the county level shall organize the establishment of a service system for the collection, storage, transportation, and comprehensive utilization of straws, and take such measures as providing financial subsidies to support rural collective economic organizations, farmers' professional cooperative and economic organizations, and enterprises in their provision of services for the collection, storage, transportation, and comprehensive utilization of straws.
Article 77 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government shall delimit areas where open burning of straws, fallen leaves, and other substances causing smoke pollution is prohibited.
Article 78 The environmental protection administrative department under the State Council shall, together with the health administrative department under the State Council, publish a directory of toxic and hazardous atmospheric pollutants for risk management in view of the harm and influence of atmospheric pollutants to public health and the ecological environment.
Enterprises and public institutions discharging the toxic and hazardous atmospheric pollutants listed in the directory as mentioned in the preceding paragraph shall establish an environmental risk early warning system according to relevant provisions of the state, conduct regular monitoring over discharge outlets and neighboring environment, assess the environmental risks, eliminate hidden environmental safety problems, and take effective measures to prevent environmental risk.
Article 79 Enterprises, public institutions, and other business entities that discharge permanent organic pollutants to the atmosphere, and entities operating waste burning facilities shall, according to relevant provisions of the state, take technological methods and techniques conducive to the reduction of the discharge of permanent organic pollutants, and install effective cleansing devices to reach the discharge standards.
Article 80 Enterprises, public institutions, and other business entities that produce malodorous gases shall select their sites in a scientific manner, rationally set protection distances, and install cleansing devices or take other measures to prevent the discharge of malodorous gases.
Article 81 Catering service providers that discharge soot shall install soot cleaning devices and maintain their normal functioning, or take other soot cleaning measures to ensure they reach the soot discharge standards and prevent pollution to the normal living environment of nearby residents.
It is prohibited to build, rebuild or expand catering service projects that produce soot, odor, or waste gases in residential buildings, commercial and residential complex buildings without special-purpose flues, or commercial floors adjacent to residential floors in commercial and residential complex buildings.
No entity or individual may have open-air barbecues or provide sites for open-air barbecues in areas where it is prohibited by the local people's government.
Article 82 The burning of asphalt, asphalt felt, rubber, plastics, leather, garbage, and other materials that produce toxic or harmful smoke or dust or malodorous gases in densely inhabited areas and other areas needing special protection shall be prohibited.
The production, distribution, and use of fireworks and firecrackers are prohibited. No entity or individual may use fireworks and firecrackers in the periods and areas prohibited by the local urban people's government.
Article 83 The state encourages and advocates civilized and green sacrifices.
Crematories shall have dustproof and other pollution prevention and control facilities and maintain their normal functioning so as to avoid affecting the neighboring environment.
Article 84 Business operators engaged in the dry cleaning of clothing, the maintenance and repair of motor vehicles, and other service activities shall install odor and waste gas disposal devices and other pollution prevention and control devices according to the relevant standards or requirements of the state and ensure their normal functioning so as to avoid affecting the neighboring environment.
Article 85 The state encourages and supports the production and use of substitutes of ozone depleting substances so as to gradually reduce and eventually stop the production and use of ozone depleting substances.
The state applies total quantity control and quota management to the production, use, import, and export of ozone depleting substances. The specific measures shall be developed by the State Council.
Chapter V Joint Prevention and Control of Atmospheric Pollution in Key Areas
Article 86 The state shall establish a joint atmospheric pollution prevention and control mechanism for the key areas and make overall arrangements for atmospheric pollution prevention and control in the key areas. The environmental protection administrative department under the State Council shall, according to main functional zoning, regional atmospheric environment quality condition, and atmospheric pollution transmission and dispersion laws, delimit key atmospheric pollution prevention and control areas of the state, and report them to the State Council for approval.
The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in the key areas shall determine the leading local people's governments, convene joint meetings on a regular basis, and conduct joint atmospheric pollution prevention and control and fulfill the objectives of atmospheric pollution prevention and control according to the requirements of unified planning, unified standards, unified monitoring, and unified prevention and control measures. The environmental protection administrative department under the State Council shall strengthen guidance and supervision.
Each province, autonomous region, and municipality directly under the Central Government may delimit key atmospheric pollution prevention and control areas in their respective administrative regions with reference to paragraph 1 herein.
Article 87 The environmental protection administrative department under the State Council shall, together with other relevant departments under the State Council and the people's governments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government in the key atmospheric pollution prevention and control areas of the state, develop action plans for the joint prevention and control of atmospheric pollution in the key areas, determine the objectives, optimize the regional economic layout, make overall plans for traffic management, develop clean energy, determine the key prevention and control tasks and measures according to the economic and social development level and the atmospheric environment capacity of such key areas so as to improve the atmospheric environment quality of such key areas.
Article 88 The general administrative department of economics under the State Council shall, together with the environmental protection administrative department under the State Council, further improve environmental protection, energy consumption, safety, quality, and other requirements in view of the industry development condition and atmospheric environmental quality condition of the key atmospheric pollution prevention and control areas of the state.
The people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government in the key areas shall apply more rigid atmospheric pollutant discharge standards for motor vehicles, unify the inspection methods and discharge limits for motor vehicles in use, and provide vehicle fuels that meet the prescribed standards.
Article 89 An environmental impact assessment shall be conducted in the development of relevant industrial park plans, development zone plans, regional industry plans, or development plans that are likely to cause serious pollution to the atmospheric environment of a key area. The organ developing such plans shall consult with the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in the key area or relevant departments.
Where a construction project of a province, autonomous region, or municipality directly under the Central Government in a key area is likely to have a great impact on the atmospheric environment quality of a neighboring province, autonomous region, or municipality directly under the Central Government, relevant information shall be reported in a timely manner for consultation.
The consultation opinion and its adoption shall be taken as important basis for examination or approval of environmental impact assessment documents.
Article 90 The equal amount replacement or reduction replacement of coal shall be applied in the building, rebuilding or expansion of a coal project in a key atmospheric pollution prevention and control area of the state.
Article 91 The environmental protection administrative department under the State Council shall establish an information sharing mechanism for the atmospheric environment quality monitoring, atmospheric pollution source monitoring, and other aspects of the key atmospheric pollution prevention and control areas of the state, apply monitoring, simulation, satellite survey, aerial survey, remote sensing, and other new technologies to analyze atmospheric pollution sources in key areas and the development trend thereof, and make such information available to the public.
Article 92 The environmental protection administrative department under the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in the key atmospheric pollution prevention and control areas of the state may organize relevant departments for joint law enforcement, cross-regional law enforcement, and cross law enforcement.
Chapter VI Response to Heavy Air Pollution Weather
Article 93 The state shall establish a heavy air pollution weather monitoring and early warning system.
The environmental protection administrative department under the State Council shall, together with the meteorological department and other relevant departments under the State Council and the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government in a key atmospheric pollution prevention and control area of the state, establish a heavy air pollution weather monitoring and early warning mechanism for the key area and unify the early warning ranking standards. Where regional heavy air pollution weather is likely to occur, the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government in the key area shall be informed in a timely manner.
The environmental protection administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government, or districted city shall, together with the meteorological department and other relevant departments, establish a heavy air pollution weather monitoring and early warning mechanism for the administrative region.
Article 94 The local people's governments at and above the county level shall include the response to heavy air pollution weather to the emergency management system of unexpected events.
The people's government of a province, autonomous region, municipality directly under the Central Government, or districted city or the people's government at the county level of a place where heavy air pollution weather is likely to occur shall develop an emergency response plan for heavy air pollution weather, submit it to the environmental protection administrative department of the people's government at the next higher level for recordation, and disclose it to the general public.
Article 95 The environmental protection administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government, or districted city shall establish a consulting mechanism with the meteorological department to make atmospheric environment quality forecasts. When it is likely to be a heavy air pollution day, a report shall be submitted to the people's government at the same level without delay. The people's government of the province, autonomous region, municipality directly under the Central Government, or districted city shall make comprehensive research and judgment on the basis of heavy air pollution weather forecasts to determine the early warning rank and issue an early warning. The early warning rank shall be adjusted for the changing situation. No entity or individual may release any heavy air pollution forecasting and early warning information to the general public without approval.
Once early a warning is released, the people's government and the relevant departments thereof shall inform the general public to take health protection measures, provide travel guidance, and adjust other relevant social activities through TV, radio, network, and text messages.
Article 96 The local people's governments at and above the county level shall, according to the early warning grades of heavy air pollution weather, activate their emergency response plans in time, and may take emergency measures, such as ordering relevant enterprises to stop or limit production, restricting the driving of some motor vehicles, prohibiting the use of fireworks and firecrackers, suspending the earthwork at construction sites and the demolition of buildings, suspending barbecues, suspending the outdoor activities organized by kindergartens and schools, and organize artificial weather modification operations when necessary.
Upon completion of an emergency response, the people's government shall evaluate the implementation of the emergency response plan and modify and improve such plan if necessary.
Article 97 Where an environmental emergency occurs and causes atmospheric pollution, the people's government and relevant departments thereof, and relevant enterprises and public institutions shall conduct an emergency response under the Emergency Response Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China. The environmental protection administrative department shall timely monitor the atmospheric pollutants resulting from the environmental emergency and disclose the monitoring information to the public.
Chapter VII Legal Liabilities
Article 98 Where a violator of this Law refuses to accept the supervisory inspection conducted by the environmental protection administrative department, an environmental supervision institution authorized by it, or any other department with atmospheric environmental protection regulatory functions by refusing it to enter the site, or engages in falsification when it is under supervisory inspection, the environmental protection administrative department of the people's government at or above the county level or any other department with atmospheric environment protection regulatory functions shall order the violator to make a correction and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; for a violation of public security administration, the public security organ shall impose punishment for public security administration according to law.
Article 99 For a violation of this Law under any of the following circumstances, the environmental protection administrative department of the people's government at or above the county level shall order it to make a correction or restrict or suspend production for rectifications, and impose a fine of not less than 100,000 yuan but not more than one million yuan; if the circumstances are serious, order the violator to stop business operations or close down with the approval of the competent people's government:
(1) Discharging atmospheric pollutants without lawfully obtaining a pollutant discharge license.
(2) Discharging atmospheric pollutants beyond the atmospheric pollutant discharge standards or the total quantity control requirements for the discharge of key atmospheric pollutants.
(3) Discharging atmospheric pollutants by evading supervision.
Article 100 For a violation of this Law under any of the following circumstances, the environmental protection administrative department of the people's government at or above the county level shall order it to make correction and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the violator refuses to make correction, order it to suspend production for rectification:
(1) Misappropriating, destroying, or moving or altering without approval any atmospheric environment quality monitoring equipment or automatic atmospheric pollutant discharge monitoring equipment.
(2) Failing to monitor the industrial waste gases and the toxic and hazardous atmospheric pollutants discharged or failing to preserve the original monitoring records as required.
(3) Failing to install or use automatic atmospheric pollutant discharge monitoring equipment, connect to the monitoring equipment of the environmental protection administrative departments, and ensure the normal functioning of monitoring equipment as required.
(4) For pollutant discharging entities under intensified supervision, failing to disclose or truthfully disclose automatic monitoring data.
(5) Failing to set atmospheric pollutant discharge outlets as required.
Article 101 Where a violator of this Law produces, imports, sells or uses any equipment or product prohibited in the catalogue of comprehensive industrial policies of the state, applies any technique prohibited in the catalogue of comprehensive industrial policies of the state, or transfers any eliminated equipment or product to others, the general administrative department of economics under the people's government at or above the county level or the entry-exit inspection and quarantine institution shall, according to its duties, order the violator to make a correction, confiscate the illegal proceeds, and impose a fine of not less than one time but not more than three times the monetary value of the equipment or product concerned; if the violator refuses to make a correction, order it to stop its business operations or close down with the approval of the competent people's government. If the import conduct constitutes smuggling, the customs shall impose punishment according to the law.
Article 102 Where, as in violation of this Law, a coal mine fails to build supporting facilities for the washing of coal as required, the energy administrative department of the people's government at or above the county level shall order it to make a correction and impose a fine of not less than 100,000 yuan but not more than one million yuan; if the violator refuses to make a correction, order it to stop its business operations or close down with the approval of the competent people's government.
Where a violator of this Law mines coal with radioactive, arsenic, and other toxic or harmful substances beyond the prescribed limits, the people's government at or above the county level shall order it to stop its business operations or close down according to the powers prescribed by the State Council.
Article 103 For a violation of this Law under any of the following circumstances, the quality supervision department or the administrative department for industry and commerce of the local people's government at or above the county level shall order the violator to make a correction, confiscate the raw materials, products, and illegal proceeds, and impose a fine of not less than one time but not more than three times the monetary value of the things in question:
(1) Selling coal or petrol coke that fails to meet the quality standards.
(2) Producing or selling raw materials and products whose content of volatile organic compounds fails to meet the quality standards or requirements.
(3) Producing or selling fuels for use by motor-driven vehicles and vessels and non-road mobile machines, engine oil, nitrogen oxide reducing agents, fuel and lubricating oiladditives, and other additives that fail to reach the prescribed standards.
(4) Burning high-pollution fuels in combustion forbidden zones.
Article 104 For a violation of this Law under any of the following circumstances, the entry-exit inspection and quarantine institution shall order the violator to make a correction, confiscate the raw materials, products, and illegal gains, and impose a fine of not less than one time but not more than three times the monetary value of the things at issue; if the import conduct constitutes smuggling, the customs shall impose punishment according to the law:
(1) Importing coal or petro coke that fails to reach the prescribed quality standards.
(2) Importing raw materials and products whose content of volatile organic compounds fails to meet the quality standards or requirements.
(3) Importing fuels for use by motor-driven vehicles and vessels and non-road mobile machines, engine oil, nitrogen oxide reducing agents, fuel and lubricating oiladditives, and other additives that fail to reach the prescribed standards.
Article 105 Where a violator of this Law burns coal or petro coke that fails to reach the prescribed quality standards, the environmental protection administrative department of the people's government at or above the county level shall order it to make a correction and impose a fine of not less than one time but not more than three times the monetary value of the coal or coke at issue.
Article 106 Where a violator of this Law uses marine fuels that fail to meet the prescribed standards or requirements, the marine safety administration or fishery administrative department shall, according to its duties, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 107 Where a violator of this Law builds or expands facilities that burn high-pollution fuels in a combustion forbidden zone, fails to stop using high-pollution fuels as required, builds or expands decentralized coal-fueled heat supply boilers in areas covered by the centralized heat supply network, or fails to demolish those existing coal-fueled heat boilers that fail to reach the discharge standards as required, the environmental protection administrative department of the local people's government at or above the county level shall confiscate the facilities at issue, organize the demolition of the coal-fired heat boilers, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Where a violator of this Law produces, imports, sells, or uses boilers that fail to reach the prescribed standards or requirements, the quality supervision department or the environmental protection administrative department of the people's government at or above the county level shall order it to make a correction, confiscate the illegal proceeds, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Article 108 Where a violation of this Law is under any of the following circumstances, the environmental protection administrative department of the people's government at or above the county level shall order it to make a correction, impose a fine of not less than 20,000 yuan but not more than 200,000 yuan, and, if it refuses to make a correction, order it to stop production for rectifications:
(1) Failing to conduct the production and service activities that generate waste gases containing volatile organic compounds in an enclosed space or equipment, failing to install and use pollution prevention and control facilities as required, or failing to take measures to reduce the discharge of waste gases.
(2) In the case of an industrial coating enterprise, failing to use low volatile organic compounds or failing to establish and retain ledger books.
(3) In the case of a petroleum enterprise, chemical industrial enterprise, or any other enterprise that produces or uses organic solvents, failing to take measures for the routine maintenance and repair of pipelines and equipment, failing reduce the leakage of substances, or failing to collect and dispose of leaked substances without delay.
(4) Failing to install and normally use gas recycling devices in oil and gas storage banks, oil and gas stations, oil tankers, and gas tankers.
(5) In the case of a steel, building materials, nonferrous metals, petroleum, chemical industrial, pharmaceutical, or mining enterprise, failing to take measures such as centralized collection and disposal, sealing, fencing, sheltering, cleaning, and spraying so as to control and reduce the discharge of dust and gaseous pollutants.
(6) Failing to recycle the combustible gases generated from industrial production, garbage landfilling or other activities or failing to treat them for pollution prevention and control purposes if they are not recyclable, or failing to repair or update the recycling devices for combustible gases updated in a timely manner when they cannot function normally.
Article 109 Where a violator of this Law manufactures motor vehicles or non-road mobile machines that exceed the pollutant discharge standards, the environmental protection administrative department of the people's government at or above the provincial level shall order it to make a correction, confiscate the illegal proceeds, impose a fine of not less than one time but not more than three times the monetary value of the vehicles or machines at issue, and confiscate and destroy those motor vehicles or non-road mobile machines that fail to reach the pollutant discharge standards. If the violator refuses to make a correction, the environmental protection administrative department shall order it to stop production for rectifications, and the motor vehicle production administrative department under the State Council shall order it to stop the manufacturing of the models concerned.
Where a motor vehicle or non-road mobile machine manufacturing enterprise, as in violation of this Law, makes falsification, passes off inferior products as superior ones, or sells such vehicles as products that have passed discharge inspections, the environmental protection administrative department of the people's government at or above the provincial level shall order the violator to stop production for rectifications, confiscate the illegal proceeds, impose a fine of not less than one time but not more than three times the monetary value of vehicles and machines at issue, and confiscate and destroy those that fail to reach the pollutant discharge standards, and the motor vehicle production administrative department under the State Council shall order to stop the production of the models concerned.
Article 110 Where a violator of this Law imports or sells motor vehicles or non-road mobile machines that exceed the pollutant discharge standards, the administrative department for industry and commerce of the people's government at or above the county level or the entry-exit inspection and quarantine institution shall order it to make a correction, confiscate the illegal proceeds, impose a fine of not less than one time but not more than three times the monetary value of the vehicles or machines at issue, and confiscate and destroy those that fail to reach the pollutant discharge standards. If the import conduct constitutes smuggling, the customs shall impose punishment according to law.
Where a violator of this Law sells motor vehicles or non-road mobile machines that fail to reach the pollutant discharge standards, the seller shall be responsible for repair, replacement or return of the vehicles and machines at issue; if the buyer has suffered any losses, the seller shall compensate for the losses.
Article 111 Where a motor vehicle manufacturing or import enterprise, as in violation of this Law, fails to disclose the discharge inspection data or pollution control technical data of the motor vehicle models it manufactures or imports as required, the environmental protection administrative department of the people's government at or above the provincial level shall order it to make a correction and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Where a motor vehicle manufacturing or import enterprise, as in violation of this Law, fails to disclose the maintenance technical data of the motor vehicle models it manufactures or imports as required, the transport administrative department of the people's government at or above the provincial level shall order it to make a correction and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Article 112 Where a violator of this Law forges the discharge inspection result of any motor vehicle or non-road mobile machine or issues any false discharge inspection report, the environmental protection administrative department of the people's government at or above the county level shall confiscate the illegal proceeds and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; if the circumstances are serious, the accreditation department shall disqualify it from inspection.
Where a violator of this Law forges the discharge inspection result of any vessel or issues any false discharge inspection report, the marine safety administration shall impose punishment according to law.
Where a violator of this Law passes the motor vehicle discharge inspection by fraudulent means such as changing the pollution control devices of motor vehicles for the occasion or damages the discharge diagnosis system of motor vehicles, the environmental protection administrative department of the people's government at or above the county level shall order it to make a correction, impose a fine of 5,000 yuan upon each motor vehicle owner, and impose a fine of 5,000 yuan per motor vehicle upon the motor vehicle maintenance entity.
Article 113 Where a motor vehicle driver, as in violation of this Law, drives on road a motor vehicle that fails to pass the discharge inspection, the traffic administrative department of the public security organ shall impose punishment according to law.
Article 114 Where a violator of this Law uses any non-road mobile machine that fails to reach the discharge standards, or installs or replaces pollution control devices on any heavy-duty diesel vehicle or non-road mobile machine, the environmental protection administrative department and other relevant departments of the people's government at or above the county level shall order him or it to make a correction and impose a fine of 5,000 yuan according to their duties.
Where a violator of this Law uses any high-emission non-road mobile machine in an area where the use of high-emission non-road mobile machinery is prohibited, the environmental protection administrative department and other relevant departments of the urban people's government shall impose punishment according to law.
Article 115 Where a construction contractor, as in violation of this Law, has any of the following conduct, the housing and urban-rural development administrative department and other relevant departments of the people's government at or above the county level shall order it to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if it refuses to make correction, order it to stop construction for rectifications:
(1) Failing to set rigid enclosures at the construction site, or failing to take coverage, sectional operation, construction work at scheduled period, sprinkling for dust suppression, surface washing, car washing, and other effective measures for dust prevention and suppression.
(2) Failing to pick up construction earth, waste soil, and garbage in a timely manner, or failing to cover with enclosed dustproof net.
Where a construction project owner, as in violation of this Law, fails to cover the exposed ground of the construction land not available for construction for the time being or fails to green, pave or cover the exposed ground when the construction land is not available for use for more than three months, the housing and urban-rural development administrative department and other relevant departments of the people's government at or above the county level shall impose punishment under the preceding paragraph.
Article 116 Where a vehicle transporting coal, garbage, waste soil, sandstones, earth, mortar, and other bulk or liquid materials, as in violation of this Law, fails to take enclosed or other measures to prevent the loss or leakage of such materials, the regulatory department designated by the local people's government at or above the county level shall order the vehicle operator to make a correction and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; if the relevant entity refuses to make correction, the vehicle shall not be driven on road.
Article 117 Where a violator of this Law has any of the following conducts, the environmental protection administrative department and other relevant departments of the people's government at or above the county level shall order it to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to their duties; if the violator refuses to make a correction, order it to shut down or stop its business operations for rectifications:
(1) Failing to store materials easy to produce dust such as coal, gangue, coal cinder, coal ashes, cement, lime, plaster, sandstone, lime soil, and sandy soil in an enclosed space.
(2) Where it is impossible to store materials easy to produce dust in enclosed space, failing to set tight enclosures not lower than the stockpile of such materials or take effective coverage measures to prevent and control dust pollution.
(3) Failing to control the discharge of dust by means of sealing or spraying in the loading and unloading of materials.
(4) Failing to take flameproof measures in the storage of materials such as coal, coal gangue, coal cinder, and coal ash.
(5) Failing to take effective measures to prevent and control dust pollution at docks, mines, landfills, and disposal sites.
(6) In the case of an enterprise or public institution that discharges toxic or hazardous atmospheric pollutants as listed in the directory of toxic and hazardous atmospheric pollutants, failing to establish an environmental risk early warning system, conduct regular monitoring over discharge outlets and the neighboring environment, assess environmental risk, eliminate hidden environmental safety problems, and take effective measures to prevent environmental risk as required.
(7) In the case of an enterprise, a public institution, or any other business entity that discharges permanent organic pollutants to the atmosphere, or an entity operating waste burning facilities, failing to take technological methods and techniques conducive to the reduction of the discharge of permanent organic pollutants and install effective cleansing devices to reach the discharge standards according to the relevant provisions of the state.
(8) Failing to take measures to prevent the discharge of malodorous gases.
Article 118 Where a catering service provider discharges soot as in violation of this Law or discharges soot beyond the prescribed discharge standards as a result of its failure to install soot cleaning devices, use them normally, or take other soot cleaning measures, the regulatory department designated by the local people's government at or above the county level shall order it to make a correction and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if it refuses to make a correction, order it to stop its business operations for rectifications.
Where a violator of this Law builds, rebuilds or expands a catering service project that produces soot, odor, or waste gas in a residential building, a commercial and residential complex building without special-purpose flues, or a commercial floor adjacent to residential floors in a commercial and residential complex building, the regulatory department designated by the local people's government at or above the county level shall order it to make a correction; if it refuses to make a correction, order it to close down and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Where a violator of this Law has an open-air barbecue or provides a site for open-air barbecues in a period or area forbidden by the local people's government, the regulatory department designated by the local people's government at or above the county level shall order it to make a correction, confiscate the barbecue tools and illegal proceeds, and impose a fine of not less than 500 yuan but not more than 20,000 yuan.
Article 119 Where a violator of this Law sprays extremely or highly toxic pesticides to trees, flowers and grasses or burns straws, fallen leaves or other materials producing smoke pollution in a densely inhabited area, the regulatory department designated by the local people's government at or above the county level shall order it to make a correction, and may concurrently impose a fine of not less than 500 yuan but not more than 2,000 yuan.
Where a violator of this Law burns asphalt, asphalt felt, rubber, plastics, leather, garbage, and other materials that produce toxic or harmful smoke or dust or malodorous gases in a densely inhabited area or any other area needing special protection, the regulatory department designated by the local people's government at or above the county level shall order it to make a correction and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan upon the entity or a fine of not less than 500 yuan but not more than 2,000 yuan upon the individual concerned.
Where a violator of this Law uses fireworks and firecrackers in a period or area prohibited by the local urban people's government, the regulatory department designated by the local people's government at or above the county level shall impose punishment according to law.
Article 120 Where a violator of this Law fails to install odor and waste gas disposal devices and other pollution prevention and control devices and ensure their normal functioning when engaging in the dry cleaning of clothing, the maintenance and repair of motor vehicles, or other service activities, which affects the neighboring environment, the environmental protection administrative department of the local people's government at or above the county level shall order it to make a correction and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; if it refuses to make a correction, order it to stop its business operations for rectifications.
Article 121 Where a violator of this Law releases any heavy air pollution forecasting and early warning information to the public without approval, if it constitutes a violation of public security administration, the public security organ shall impose punishment for public security administration according to law.
Where a violator of this Law refuses to execute the heavy air pollution weather emergency response measures such as stopping earthwork at construction sites or stopping the demolition of buildings, the regulatory department designated by the local people' s government at or above the county level shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 122 Where a violation of this Law results in an atmospheric pollution accident, the environmental protection administrative department of the people's government at or above the county level shall impose a fine under paragraph 2 of this Article, and, for the directly liable person in charge and other directly liable persons, may impose a fine of not more than 50% of their income from the enterprise or public institution in the last year.
Where an ordinary or less serious atmospheric pollution accident is caused, the fine shall be not less than one time but not more than three times the direct losses resulting from the accident; where a serious or especially atmospheric pollution serious accident is caused, the fine shall be not less than three times but not more than five times the direct losses resulting from the accident.
Article 123 Where any enterprise, public institution, or other business entity is fined and ordered to make a correction for any of the following conduct in violation of this Law but refuses to make a correction, the administrative organ lawfully making the punishment decision may impose continuous fines on it in the amount of the original fine for each day from the next day after it is ordered to make a correction:
(1) Discharging atmospheric pollutants without lawfully obtaining a pollutant discharge license.
(2) Discharging atmospheric pollutants beyond the atmospheric pollutant discharge standards or the total quantity control requirements for the discharge of key atmospheric pollutants.
(3) Discharging atmospheric pollutants by evading supervision.
(4) Failing to take effective measures to prevent dust pollution in the construction of projects or the storage of materials easy to produce dust.
Article 124 Where a violator of this Law retaliates against a tipster by means of rescinding or modifying the employment contract with the tipster, it shall assume liability pursuant to relevant laws.
Article 125 An entity causing damage by discharging atmospheric pollutants shall assume tort liabilities according to law.
Article 126 Where the local people's governments at all levels, the environmental protection administrative departments and other departments with atmospheric environment protection regulatory functions under the people's governments at and above the county level, or the staff members thereof abuse powers, neglect duties, practice favoritism, or make falsification, disciplinary actions shall be taken according to law.
Article 127 Where a violation of this Law constitutes a crime, the violator shall assume criminal liabilities according to law.
Chapter VIII Supplementary Provisions
Article 128 The prevention and control of atmospheric pollution from ocean engineering projects shall be governed by relevant provisions of the Marine Environment Protection Law of the People's Republic of China.
Article 129 This Law comes into force on January 1, 2016.