The Law of the People's Republic of China on the Prevention and Control of Air Pollution
 

　　Adopted at the Fifteenth Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 2000. Order No. 32 of the President of the People's Republic of China

　　The Law of the People's Republic of China on the Prevention and Control of Air Pollution has been revised and adopted at the Fifteenth Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 29, 2000. The revised Law of the People's Republic of China on the Prevention and Control of Air Pollution is hereby promulgated and shall come into force on September 1, 2000.

　　Jiang Zemin, President of the People's Republic of China

April 29, 2000

Contents

Chapter 1 General Provisions

Chapter 2 Supervision and Management of Air Pollution Prevention and Control

Chapter 3 Prevention and Control of Air Pollution from Coal Combustion

Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Vessels

Chapter 5 Prevention and Control of Waste Gas, Dust and Odor Pollution

Chapter 6 Legal Liability

Chapter 7 Supplementary Provisions

 

 

Chapter 1 General Provisions

　　Article 1 This Law is formulated to prevent and control air pollution, protect and improve the living environment and ecological environment, safeguard human health, and promote sustainable economic and social development.

　　Article 2 The State Council and local people's governments at all levels must incorporate air environmental protection work into the national economic and social development plan, rationally plan industrial layouts, strengthen scientific research on air pollution prevention and control, adopt measures to prevent and control air pollution, and protect and improve the air environment.

　　Article 3 The state shall adopt measures to control or gradually reduce the total emissions of major air pollutants in various localities in a planned manner.

　　Local people's governments at all levels are responsible for the air environmental quality within their respective jurisdictions. They shall formulate plans and adopt measures to ensure that the air environmental quality within their respective jurisdictions meets the prescribed standards.

　　Article 4 The environmental protection administrative departments of the people's governments at or above the county level shall exercise unified supervision and management over air pollution prevention and control.

　　Public security, transportation, railway, and fishery management departments at all levels shall, in accordance with their respective responsibilities, supervise and manage the air pollution caused by motor vehicles and vessels.

　　Other relevant competent departments of the people's governments at or above the county level shall exercise supervision and management over air pollution prevention and control within their respective responsibilities.

　　Article 5 Any unit or individual has the obligation to protect the air environment and the right to report and accuse units and individuals that pollute the air environment.

　　Article 6 The environmental protection administrative department of the State Council shall formulate national air environmental quality standards. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local standards for items not specified in the national air environmental quality standards, and shall file them with the environmental protection administrative department of the State Council.

　　Article 7 The environmental protection administrative department of the State Council shall formulate national emission standards for air pollutants based on national air environmental quality standards and national economic and technological conditions.

　　The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local emission standards for items not specified in the national emission standards for air pollutants; they may also formulate local emission standards that are stricter than the national emission standards for items already specified in the national emission standards for air pollutants. Local emission standards shall be filed with the environmental protection administrative department of the State Council.

　　If the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government formulate local emission standards for air pollutants from motor vehicles and vessels that are stricter than the national emission standards, they shall obtain the approval of the State Council.

　　Any unit that emits air pollutants into an area with existing local emission standards shall comply with the local emission standards.

　　Article 8 The state shall adopt economic and technological policies and measures conducive to air pollution prevention and control and related comprehensive utilization activities.

　　Units and individuals with outstanding achievements in air pollution prevention and control, protection, and improvement of the air environment shall be rewarded by the people's governments at all levels.

　　Article 9 The state shall encourage and support scientific and technological research on air pollution prevention and control and the promotion of advanced and applicable air pollution prevention and control technologies; it shall also encourage and support the development and utilization of clean energy sources such as solar energy, wind energy, and hydropower.

　　The state shall encourage and support the development of the environmental protection industry.

　　Article 10 People's governments at all levels shall strengthen afforestation, urban and rural greening, and adopt effective measures to combat desertification in a way that suits local conditions, thereby improving air environmental quality.

Chapter 2 Supervision and Management of Air Pollution Prevention and Control

　　Article 11 New, expanded, or reconstructed projects that discharge pollutants into the atmosphere must comply with the relevant national regulations on environmental protection management of construction projects.

　　The environmental impact report for a construction project must evaluate the potential air pollution and ecological impact of the project, specify pollution control measures, and be submitted to the environmental protection administrative department for review and approval in accordance with the prescribed procedures.

　　Before a construction project is put into production or use, its air pollution control facilities must pass the acceptance inspection by the environmental protection administrative department. Construction projects that fail to meet the requirements of the relevant national regulations on environmental protection management of construction projects shall not be put into production or use.

　　Article 12 Units that discharge pollutants into the atmosphere must, in accordance with the regulations of the environmental protection administrative department of the State Council, report to the local environmental protection administrative department the pollutant emission facilities, treatment facilities, and the types, quantities, and concentrations of pollutants discharged under normal operating conditions, and provide relevant technical data on air pollution control.

　　If the types, quantities, or concentrations of air pollutants discharged by the pollution discharge units specified in the preceding paragraph undergo significant changes, they shall report them in a timely manner; their air pollutant treatment facilities must be kept in normal use, and the demolition or idling of air pollutant treatment facilities must be approved in advance by the environmental protection administrative department of the local people's government at or above the county level.

　　Article 13 The emission concentration of pollutants discharged into the atmosphere shall not exceed the emission standards prescribed by the state and localities.

　　Article 14 The state shall implement a system of levying emission charges according to the types and quantities of pollutants discharged into the atmosphere, and shall formulate reasonable emission charge standards based on the requirements of strengthening air pollution prevention and control and national economic and technological conditions.

　　The levy of emission charges must comply with the standards prescribed by the state. The specific methods and implementation steps shall be prescribed by the State Council.

　　All emission charges collected shall be turned over to the treasury and used for air pollution prevention and control in accordance with the regulations of the State Council; they shall not be used for other purposes and shall be subject to audit supervision by the auditing authorities in accordance with the law.

　　Article 15 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may designate areas that have not yet met the prescribed air environmental quality standards, and acid rain control areas and sulfur dioxide pollution control areas approved by the State Council, as total emission control areas for major air pollutants. The specific methods for controlling the total emissions of major air pollutants shall be prescribed by the State Council.

　　Within the total control zones for atmospheric pollutants, local people's governments, in accordance with the conditions and procedures stipulated by the State Council and following the principles of openness, fairness, and justice, shall determine the total emissions of major atmospheric pollutants for enterprises and institutions, and issue emission permits for major atmospheric pollutants.

　　Enterprises and institutions with total control tasks for atmospheric pollutants must discharge pollutants in accordance with the determined total emissions of major atmospheric pollutants and the emission conditions stipulated in the permit.

　　Article 16 Within scenic spots, nature reserves, areas near cultural relics protection units, and other areas requiring special protection, designated by the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, no industrial production facilities that pollute the environment shall be constructed; for the construction of other facilities, pollutant emissions shall not exceed the prescribed emission standards. For facilities already constructed by enterprises and institutions before the implementation of this Law, if their pollutant emissions exceed the prescribed emission standards, they shall be governed within a time limit in accordance with the provisions of Article 48 of this Law.

　　Article 17 The State Council shall designate key cities for atmospheric pollution control in accordance with the overall urban planning, environmental protection planning goals, and the status of urban atmospheric environmental quality.

　　Municipalities directly under the Central Government, provincial capital cities, coastal open cities, and key tourist cities shall be included in the key cities for atmospheric pollution control.

　　Key cities for atmospheric pollution control that have not met the atmospheric environmental quality standards shall meet the atmospheric environmental quality standards within the time limit stipulated by the State Council or the environmental protection administrative department under the State Council. The people's government of the city shall formulate a plan to meet the standards within a time limit, and may, in accordance with the authorization or regulations of the State Council, adopt stricter measures to achieve the plan on schedule.

　　Article 18 The environmental protection administrative department under the State Council, in conjunction with the relevant departments under the State Council, may, based on natural conditions such as meteorology, topography, and soil, designate areas that have already produced or may produce acid rain or other areas with serious sulfur dioxide pollution as acid rain control areas or sulfur dioxide pollution control areas after approval by the State Council.

　　Article 19 Enterprises shall give priority to adopting clean production processes with high energy utilization efficiency and low pollutant emissions to reduce the generation of atmospheric pollutants.

　　The state shall implement an elimination system for backward production processes and backward equipment that seriously pollute the atmospheric environment.

　　The comprehensive economic management department under the State Council, in conjunction with the relevant departments under the State Council, shall publish a list of seriously polluting atmospheric environment processes that are prohibited from being used within a time limit, and a list of seriously polluting atmospheric environment equipment that is prohibited from being produced, sold, imported, or used within a time limit.

　　Producers, sellers, importers, or users must stop producing, selling, importing, or using the equipment listed in the preceding paragraph within the time limit stipulated by the comprehensive economic management department under the State Council, in conjunction with the relevant departments under the State Council. Users of production processes must stop using the processes listed in the preceding paragraph within the time limit stipulated by the comprehensive economic management department under the State Council, in conjunction with the relevant departments under the State Council.

　　Equipment eliminated in accordance with the preceding two paragraphs shall not be transferred to others for use.

　　Article 20 If a unit discharges or leaks toxic and harmful gases and radioactive substances due to accidents or other sudden events, causing or potentially causing atmospheric pollution accidents and endangering human health, it must immediately take emergency measures to prevent and control atmospheric pollution hazards, notify units and residents that may be affected by atmospheric pollution hazards, and report to the local environmental protection administrative department for investigation and handling.

　　In the event of serious atmospheric pollution that endangers human health and safety, the local people's government shall promptly announce to local residents and take mandatory emergency measures, including ordering relevant polluting units to stop discharging pollutants.

　　Article 21 Environmental protection administrative departments and other supervisory and management departments have the right to conduct on-site inspections of polluting units within their jurisdiction. The inspected units must truthfully reflect the situation and provide necessary materials. The inspection departments have the obligation to keep technical secrets and business secrets for the inspected units.

　　Article 22 The environmental protection administrative department under the State Council shall establish an atmospheric pollution monitoring system, organize a monitoring network, and formulate unified monitoring methods.

　　Article 23 The environmental protection administrative departments of large and medium-sized cities shall regularly publish bulletins on the status of atmospheric environmental quality and gradually carry out atmospheric environmental quality forecasting work.

　　The bulletin on the status of atmospheric environmental quality shall include the characteristics of urban atmospheric environmental pollution, the types of major pollutants, and the degree of pollution hazards.

Chapter 3 Prevention and Control of Air Pollution from Coal Combustion

　　Article 24 The state shall promote the washing and processing of coal to reduce the sulfur and ash content of coal and restrict the mining of coal with high sulfur and ash content. Newly built coal mines that mine coal with high sulfur and ash content must build supporting coal washing and selection facilities to ensure that the sulfur and ash content in the coal meets the prescribed standards.

　　For existing coal mines that mine coal with high sulfur and ash content, supporting coal washing and selection facilities shall be built within a time limit in accordance with the plan approved by the State Council.

　　It is prohibited to mine coal containing radioactive substances and arsenic or other toxic and harmful substances that exceed the prescribed standards.

　　Article 25 Relevant departments under the State Council and local people's governments at all levels shall take measures to improve the urban energy structure and promote the production and use of clean energy.

　　The people's governments of key cities for atmospheric pollution control may designate areas within their jurisdiction where the sale and use of high-pollution fuels specified by the environmental protection administrative department under the State Council are prohibited. Units and individuals in these areas shall stop burning high-pollution fuels and switch to natural gas, liquefied petroleum gas, electricity, or other clean energy within the time limit stipulated by the local people's government.

　　Article 26 The state shall adopt economic and technological policies and measures conducive to the clean utilization of coal, encourage and support the use of high-quality coal with low sulfur and ash content, and encourage and support the development and promotion of clean coal technology.

　　Article 27 Relevant competent departments under the State Council shall, in accordance with the national standards for boiler atmospheric pollutant emissions, stipulate corresponding requirements in the boiler product quality standards; boilers that do not meet the prescribed requirements shall not be manufactured, sold, or imported.

　　Article 28 Urban construction shall be comprehensively planned. In coal-fired heating areas, heat sources shall be uniformly solved, and centralized heating shall be developed. In areas covered by centralized heating networks, no new coal-fired heating boilers shall be built.

　　Article 29 The people's governments of large and medium-sized cities shall formulate plans to require catering service enterprises to use natural gas, liquefied petroleum gas, electricity, or other clean energy within a time limit.

　　For other household stoves in the urban areas of large and medium-sized cities that have not been designated as areas where the use of high-pollution fuels is prohibited, they shall be required to switch to desulfurized coal or use other clean energy within a time limit.

　　Article 30 Newly built or expanded power plants that emit sulfur dioxide and other large and medium-sized enterprises that exceed the prescribed pollutant emission standards or total control indicators must build supporting desulfurization and dust removal equipment or adopt other measures to control sulfur dioxide emissions and dust removal.

　　Within acid rain control zones and sulfur dioxide pollution control zones, enterprises that have already been established and exceed the prescribed emission standards for atmospheric pollutants shall be subject to a time-limited remediation plan in accordance with Article 48 of this Law.

　　The state encourages enterprises to adopt advanced desulfurization and dust removal technologies.

　　Enterprises shall adopt control measures for nitrogen oxides generated during fuel combustion.

　　Article 31: The storage of coal, coal gangue, coal slag, coal ash, sand, gravel, and other materials in densely populated areas must adopt fire prevention and dust prevention measures to prevent air pollution.

Chapter 4 Prevention and Control of Pollution from Motor Vehicles and Vessels

　　Article 32: Motor vehicles and vessels shall not exceed the prescribed emission standards when discharging pollutants into the atmosphere.

No unit or individual may manufacture, sell, or import motor vehicles and vessels whose pollutant emissions exceed the prescribed emission standards.

　　Article 33: In-use motor vehicles that do not meet the emission standards for in-use motor vehicles at the time of manufacture shall not be allowed to operate on roads.

　　If the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government stipulate the implementation of new emission standards for in-use motor vehicles and their modification, they must be submitted to the State Council for approval.

　　Motor vehicle repair units shall carry out repairs in accordance with the requirements for air pollution control and relevant national technical specifications, ensuring that in-use motor vehicles meet the prescribed emission standards.

　　Article 34: The state encourages the production and consumption of motor vehicles and vessels using clean energy.

　　The state encourages and supports the production and use of high-quality fuel oil and takes measures to reduce the pollution of the atmospheric environment by harmful substances in fuel oil. Units and individuals shall cease the production, import, and sale of leaded gasoline within the time limit prescribed by the State Council.

　　Article 35: The environmental protection administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust units undertaking annual inspections of motor vehicles that have obtained qualifications from the public security organs to conduct annual inspections of motor vehicle exhaust pollution in accordance with regulations.

　　Departments with supervisory and management powers such as transportation and fishery administration may entrust units undertaking annual inspections of motor vessels that have obtained qualifications from relevant competent authorities to conduct annual inspections of motor vessel exhaust pollution in accordance with regulations.

　　County-level and above local people's governments' environmental protection administrative departments may conduct supervisory spot checks on the emission status of in-use motor vehicles at motor vehicle parking areas.

Chapter 5 Prevention and Control of Waste Gas, Dust and Odor Pollution

　　Article 36: Pollution discharge units that discharge dust into the atmosphere must adopt dust removal measures.

　　Strictly restrict the discharge of waste gas and dust containing toxic substances into the atmosphere; if discharge is necessary, it must undergo purification treatment and not exceed the prescribed emission standards.

　　Article 37: Combustible gases generated in industrial production shall be recycled and utilized. If they cannot be recycled and utilized and are discharged into the atmosphere, pollution control treatment shall be carried out.

　　The discharge of converter gas, calcium carbide gas, electric furnace yellow phosphorus tail gas, and organic hydrocarbon tail gas into the atmosphere must be approved by the local environmental protection administrative department.

　　If the combustible gas recycling and utilization device cannot operate normally, it shall be repaired or updated in time. If it is necessary to discharge combustible gas during the period when the recycling and utilization device cannot operate normally, the discharged combustible gas shall be fully combusted or other measures to reduce air pollution shall be taken.

　　Article 38: In the processes of petroleum refining, synthetic ammonia production, coal gas production and coal coking, and non-ferrous metal smelting, where sulfide gases are discharged, desulfurization devices or other desulfurization measures shall be installed.

　　Article 39: The discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with relevant national regulations on radiation protection and must not exceed the prescribed emission standards.

　　Article 40: Pollution discharge units that discharge malodorous gases into the atmosphere must take measures to prevent pollution of surrounding residential areas.

　　Article 41: In densely populated areas and other areas requiring special protection under the law, it is prohibited to burn asphalt, oil felt, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and dust and malodorous gases.

　　It is prohibited to burn straw, fallen leaves, and other substances that produce smoke and dust pollution in open air in densely populated areas, around airports, near traffic arteries, and in areas designated by the local people's government.