Law of the People's Republic of China on Prevention and Control of Atmospheric Pollution (2015 Revision)

(Adopted at the Twenty-Second Meeting of the Standing Committee of the Sixth National People's Congress on September 5, 1987 Adopted Pursuant to the Resolution of the 15th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1995 Republic of China Law of the People's Republic of China on Amending the Air Pollution >> Amendment April 29, 2000 Standing Committee of the Ninth National People's Congress Standing Committee Fifteenth Meeting of the First Revision August 29, 2015 The Twelfth National People's Congress Standing Committee Sixteenth Meeting of the Second Revision August 29, 2015 The People's Republic of China Presidential Decree No. 31 Announcement effective January 1, 2016)

table of Contents

Chapter I General Provisions

Chapter II Air Pollution Prevention and Control Standards and Deadlines for Planning

Chapter III Supervision and Administration of Prevention and Control of Air Pollution

Chapter IV Prevention and Control Measures of Air Pollution

The first section of coal and other energy pollution prevention and control

Section II Prevention and Control of Industrial Pollution

Section III pollution prevention and control of motor vehicles and boats

Section Dust pollution prevention and control

Section V Agriculture and Other Pollution Prevention and Control

Chapter V Joint Prevention and Control of Air Pollution in Key Areas

Chapter VI heavy pollution weather response

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions



Chapter I General Provisions

Article 1 This Law is enacted for the purpose of protecting and improving the environment, preventing and controlling air pollution, safeguarding public health, promoting the construction of ecological civilization and promoting the sustainable economic and social development.

Article 2 The prevention and control of air pollution should aim at improving the quality of the air environment. It should adhere to the principles of source control, planning ahead, changing the mode of economic development, optimizing the industrial structure and layout, and adjusting the energy structure.

Prevention and control of air pollution, it should strengthen the comprehensive prevention and control of air pollution of coal-fired, industrial, motor vehicles and vessels, dust, agriculture, the implementation of joint regional air pollution prevention and control of atmospheric particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, ammonia and other pollutants And greenhouse gas implementation of coordinated control.

Article 3 The people's government at or above the county level shall incorporate the work of prevention and control of air pollution into the planning of national economy and social development, and increase the financial investment in the prevention and control of air pollution.

Local people's governments at various levels shall be responsible for the quality of the atmospheric environment in their respective administrative regions, formulate plans and take measures to control or gradually reduce the emissions of air pollutants so that the atmospheric environmental quality will meet the required standards and will be gradually improved.

Article 4 The competent department of environmental protection under the State Council, in conjunction with the relevant department of the State Council, shall assess the completion of the key tasks of air pollution control in the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the State Council. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate examination methods to carry out the assessment of the completion of the key tasks of atmospheric environment quality improvement and the prevention and control of atmospheric pollution within their respective administrative areas. Assessment results should be open to the public.

Article 5 The environmental protection department of the people's government at or above the county level shall exercise unified supervision and administration over the prevention and control of atmospheric pollution.

Other relevant departments of people's governments at or above the county level shall supervise and administer air pollution prevention and control within their respective responsibilities.

Article 6 The State encourages and supports the study of science and technology on the prevention and control of atmospheric pollution, launches the analysis of the sources and trends of atmospheric pollution, popularizes advanced and applicable air pollution prevention and control technologies and equipment, and promotes the transformation of scientific and technological achievements so as to bring science and technology into play in the prevention and control of air pollution Support role.

Article 7 Enterprises and institutions and other production and business operators shall take effective measures to prevent and reduce air pollution and shall be responsible for the damage they cause in accordance with the law.

Citizens should enhance the awareness of atmospheric environment protection and adopt a low-carbon, thrifty way of life and voluntarily perform their obligations of atmospheric environment protection.


Chapter II Air Pollution Prevention and Control Standards and Deadlines for Planning

Article 8 The competent department of environmental protection under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government shall set standards for the quality of atmospheric environment to be scientific and reasonable in the interests of safeguarding public health and protecting the ecological environment in conformity with economic and social development.

Article 9 The environmental protection department under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government shall set standards for the discharge of air pollutants based on the atmospheric environmental quality standards and the national economic and technological conditions.

Article 10 The formulation of atmospheric environmental quality standards and discharge standards of air pollutants shall be organized by experts for examination and demonstration and solicitation of opinions from relevant departments, trade associations, enterprises, institutions and the public.

Article 11 The competent department of environmental protection of the people's government at or above the provincial level shall publish on its website atmospheric environmental quality standards and emission standards for air pollutants for public inspection and download for free.

Article XII of the atmospheric quality standards, the implementation of emission standards for atmospheric pollutants should be periodically evaluated, according to the evaluation results of the standard in due course be amended.

Article 13 The quality standards for products containing volatile organic compounds such as coal, petroleum coke, biomass fuel, paint and the like, fireworks and firecrafts and boilers shall be formulated clearly for the protection of atmospheric environment.

The formulation of fuel quality standards shall comply with the control requirements of the state's air pollutants and shall be linked up with the emission standards of the state motor vehicles and non-road mobile machinery air pollutants simultaneously and implemented simultaneously.

The non-road mobile machinery mentioned in the preceding paragraph refers to mobile machinery equipped with engines and industrial equipment capable of transportation.

Article 14 The people's governments that fail to meet the standards for the quality of the state's atmospheric environment shall make compilation of deadlines for the quality of the atmospheric environment in a timely manner and take measures to meet the atmospheric quality standards in accordance with the deadline set by the State Council or the provincial people's government.

When compiling a deadline for planning the quality of urban atmospheric environment, it should seek the opinions of relevant trade associations, enterprises, institutions, experts and the public.

Article XV city quality standards of air quality standards should be open to the public. Municipality directly under the Central Government and district-based city shall meet the environmental protection department under the State Council for the record.

Article 16 Every year, when reporting to the people's congress at the corresponding level or its Standing Committee on the accomplishment of the state of the environment and the goal of environmental protection, the urban people's government shall report on the implementation of the planning for the compliance with the atmospheric quality deadline and make it public to the public.

Article 17 The deadline for urban atmospheric environmental quality planning should be timely evaluated and revised according to the requirements of air pollution prevention and control and economic and technological conditions.


Chapter III Supervision and Administration of Prevention and Control of Air Pollution

Article 18 Enterprises, institutions and other producers and operators of construction projects affecting the atmospheric environment, environmental impact assessment should be carried out according to the law, public environmental impact assessment documents; the atmospheric emissions of pollutants shall meet the air pollutant emission standards, compliance Key air pollutant emission control requirements.

Article 19 Enterprises and public institutions that discharge industrial waste gas or toxic and harmful atmospheric pollutants listed in the inventory as provided for in Article 78 of this Law, coal-fired heat source production and operation units that centralize the heating facilities, and other units that administer pollutant discharge permits according to law , Should obtain a sewage permit. Specific measures for sewage permits and implementation steps prescribed by the State Council.

Article 20 Enterprises and institutions and other production and business operators that discharge pollutants into the atmosphere shall set their air pollutant discharge ports in accordance with the laws and regulations and the provisions of the competent department of environmental protection under the State Council.

It is forbidden to discharge atmospheric pollutants by stealing, tampering with or falsifying monitoring data, temporary stoppage for the purpose of evading on-site inspection, opening of emergency discharge passages in non-emergency situations, avoiding normal operation of air pollution control facilities, and avoiding regulatory measures.

Article 21 The state exercises total control on the emission of key air pollutants.

Focus on total atmospheric pollutant emission control targets, the environmental protection department under the State Council in consultation with the State Council departments and provinces, autonomous regions, municipalities directly under the People's Government, in conjunction with comprehensive economic departments of the State Council for approval and issued by the State Council.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the total amount set by the State Council, control the targets and control or reduce the total discharge of key air pollutants in their own administrative areas.

The specific measures for determining the objective of total quantity control and the control indicators for decomposing the total quantity shall be prescribed by the competent department of environmental protection under the State Council in conjunction with the relevant department under the State Council. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of the prevention and control of atmospheric pollution in their own administrative areas, exercise total control over the emission of other air pollutants other than the state's major air pollutants.

The state will gradually implement the emission trading of key air pollutants.

Article 22 exceeds the total amount of the state's key air pollutant emission control targets or unfinished areas of atmospheric environmental quality improvement objectives assigned by the State, the provincial people's government environmental protection department shall, jointly with relevant departments of people's governments of the region to interview And suspended the examination and approval of the environmental impact assessment documents for the construction projects newly added to the region's key air pollutants. The interview should be open to the public.

Article 23 The competent department of environmental protection under the State Council shall be responsible for formulating the monitoring and evaluation norms for the quality of the atmospheric environment and air pollution sources, organizing the construction and management of the monitoring network of the atmospheric quality and air pollution sources of the country, organizing the monitoring of the atmospheric environmental quality and air pollution sources and the unified issuance National Atmospheric Environmental Quality Status Information.

The competent department of environmental protection of the local people's government at or above the county level shall be responsible for organizing the construction and management of the monitoring network of air quality and air pollution sources in the administrative region, conducting the monitoring of atmospheric environmental quality and air pollution sources, and uniformly releasing information on the atmospheric environmental quality in the administrative region.

Article 24 Enterprises, institutions and other production and business operators shall, in accordance with relevant state regulations and monitoring norms, monitor the industrial waste gas emitted by them and the toxic and harmful atmospheric pollutants listed in the list provided for in Article 78 of this Law, and Save the original monitoring record. Among them, the key pollutant discharging units shall install and use automatic monitoring equipment for the discharge of air pollutants, network them with the monitoring equipment of environmental protection authorities, ensure the normal operation of monitoring equipment and publicly discharge information according to law. The specific measures for monitoring and the conditions of key pollutant discharging units shall be prescribed by the competent department of environmental protection under the State Council.

According to the provisions of the competent department of environmental protection under the State Council, according to the atmospheric environmental carrying capacity of the administrative region, the requirements of the key air pollutant emission control targets and the discharge of pollutants, the environmental protection authorities of the local people's governments at the municipal, The type, amount and concentration of air pollutants discharged by the unit, etc. shall be determined by the relevant departments and announced to the public.

Article 25 The key pollutant discharge units shall be responsible for the authenticity and accuracy of automatic monitoring data. Where the department in charge of environmental protection finds that the transmission data of the automatic monitoring equipment for the discharge of air pollutants by key pollutant discharge units is abnormal, it should investigate promptly.

Article 26 It is forbidden to encroach upon, destroy or move without permission to change the automatic monitoring equipment for atmospheric environment quality monitoring facilities and air pollutant discharge.

Article 27 The state shall implement a system of elimination of the processes, equipment and products that seriously pollute the atmospheric environment.

The competent department of economic synthesis under the State Council together with the relevant departments of the State Council shall determine the deadline for the phase-out of technology, equipment and products that seriously pollute the atmospheric environment and shall incorporate them into the list of comprehensive industrial policies of the state.

Producers, importers, sellers or users shall stop producing, importing, selling or using the equipment and products included in the catalogs specified in the preceding paragraph within the prescribed time limit. Process adopters should stop using the processes listed in the catalog of the preceding paragraph within the prescribed time limit.

Equipment and products that have been eliminated can not be transferred to others for use.

Article 28 The competent department of environmental protection under the State Council, in conjunction with the relevant departments, shall establish and improve an air pollution damage assessment system.

Article 29 The competent department of environmental protection and the entrusted environmental supervision agencies and other departments that bear the responsibility of supervision and administration of atmospheric environmental protection shall have the right to control the discharge of pollutants through on-site inspection and monitoring, automatic monitoring, remote sensing monitoring and far-infrared imaging Air pollutants of enterprises and institutions and other production and operation supervision and inspection. The person under inspection shall truthfully report the situation and provide the necessary information. The departments, agencies and their staffs that conduct the inspection shall keep commercial secrets for those under inspection.

Article 30 Enterprises and institutions and other production and business operators that discharge atmospheric pollutants in violation of the laws and regulations and cause or may cause serious air pollution or may lose or conceal their evidence may be found by the environmental protection authorities of people's governments at the county level or above and other Departments responsible for the supervision and administration of atmospheric environment protection may impose administrative enforcement measures such as seizure and seizure on the relevant facilities, equipment and articles.

Article 31 The department in charge of environmental protection and other departments that have the responsibility of supervision and administration of atmospheric environmental protection shall make public the telephone number, e-mail address, etc. for public reporting.

Environmental protection authorities and other personnel of supervision and control of atmospheric environmental protection department received a report, it should be timely processing of information and informants confidential; the real name of the case, should feed processing results, verified, Proceedings to the public according to law, and to whistleblower incentives.

Where a whistleblower reports his unit, the unit may not retaliate against the whistleblower by lifting, changing a labor contract or otherwise.


Chapter IV Prevention and Control Measures of Air Pollution

The first section of coal and other energy pollution prevention and control

Article 32 State Council departments and local governments at all levels shall take measures to adjust the energy structure, promote the production and use of clean energy; optimizing coal use, the promotion of clean and efficient use of coal, gradually reduce the coal in primary energy consumption The proportion of coal to reduce the production, use, conversion of atmospheric pollutants emissions.

Article 33 The State promotes coal washing and dressing processing to reduce the sulfur content and ash content of coal and restrict the exploitation of high sulfur content and high ash content coal. New coal mines should be simultaneously supporting the construction of coal washing facilities, so that the coal sulfur content, ash content to meet the required standards; the coal mines have been built in addition to the coal is low-sulfur, low ash or coal-fired power plants have been discharged according to standards Need to be washed outside, it should be deadline to complete the supporting coal washing facilities.

It is forbidden to exploit coal that contains radioactive and arsenic toxic and harmful substances in excess of the prescribed standards.

Article 34 The State shall adopt economic and technical policies and measures conducive to the clean and efficient use of coal, and encourage and support the development and promotion of clean coal technology.

The state encourages coal mining enterprises to adopt reasonable and feasible technical measures to exploit and utilize CBM and make comprehensive utilization of coal gangue. Engaged in the exploitation of coalbed methane, CBM emissions should meet the relevant standards.

Article 35 The state prohibits the import, sale and use of coal that does not meet the quality standards and encourages the burning of high-quality coal.

Units storing coal, coal gangue, cinder, coal ash and other materials should take precautionary measures to prevent air pollution.

Article 36 Local people's governments at various levels shall take measures to strengthen the management of civilian bulk coal, prohibit the sale of coal that does not meet the quality standards for civilian bulk coal, encourage residents to use high-quality coal and clean coal to promote energy-saving and environment-friendly stoves.

Article 37 Oil refining enterprises shall produce fuel oil according to the fuel quality standards.

Import, sale and use of petroleum coke that does not meet quality standards are prohibited.

Article 38 The municipal people's government may draw up and publish a banned zone of highly-polluting fuels and gradually expand the scope of the banned zone of highly-polluting fuels in accordance with the requirements for improving the quality of the atmospheric environment. The list of highly polluting fuels shall be determined by the competent department of environmental protection under the State Council.

In the no-combustion zone, sales and fueling of high-pollution fuels are forbidden; new or expanded facilities for burning high-polluting fuels are forbidden, and those built-up must be replaced by natural gas, shale gas and liquefied fossils within the time limit prescribed by the municipal government , Oil and gas, electricity or other clean energy.

Article 39 Urban construction shall be planned in an overall manner. In the area where coal is supplied for heating, the cogeneration and district heating shall be promoted. In areas covered by the central heating pipe network, the construction and expansion of decentralized coal-fired heating boilers are forbidden; the already built coal-fired heating boilers that can not meet the requirements for discharge shall be dismantled within the time limit prescribed by the municipal people's government.

Article 40 The quality supervision department of the people's government at or above the county level shall, together with the department in charge of environmental protection, supervise and inspect the implementation of environmental protection standards or requirements on the production, import, sale and use of boilers; if it does not meet the standards or requirements for environmental protection, it shall not Production, import, sales and use.

Article 41 Coal-fired power plants and other coal-fired units shall adopt clean production techniques to construct facilities such as dust removal, desulfurization and denitration, or take other measures to control emissions of air pollutants such as technological transformation.

The state encourages coal-fired units to adopt advanced technologies and equipment for coordinated control of atmospheric pollutants such as dust removal, desulfurization, denitrification and mercury removal to reduce emissions of air pollutants.

Article 42 Power dispatch shall give priority to clean energy power generation access to the Internet.


Section II Prevention and Control of Industrial Pollution

Article 43 In the production of steel, building materials, non-ferrous metals, petroleum and chemical industries, dust, sulfide and nitrogen oxides shall be discharged during the production process, and clean production processes shall be adopted to complete the construction of facilities for dust removal, desulfurization and denitrification, Transformation and other measures to control emissions of air pollutants.

Article 44 For 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 low-toxic and low-volatile organic solvents.

Article 45 The production and service activities that produce VOC-containing waste gas shall be carried out in a confined space or equipment and the pollution prevention and control facilities shall be installed and used in accordance with the relevant provisions. Where no airtight seal is available, measures shall be taken to reduce emissions.

Article 46 Industrial coating enterprises shall use paint with low volatile organic content and set up account books to record the amount of used raw materials and auxiliary materials, the amount of discards, the place of destination and the content of volatile organic compounds. Ledger shelf life of not less than three years.

Article 47 Petroleum, chemical industry and other enterprises that manufacture and use organic solvents shall take measures to routinely maintain and repair pipes and equipment so as to reduce the leakage of materials and timely collect and handle the leaking materials.

Oil storage and gas storage tanks, refueling and gas filling stations, crude oil product terminals, crude oil product carriers, oil tankers, gas tankers, etc. shall install oil and gas recovery units and maintain their normal use according to the relevant provisions of the State.

Article 48 Enterprises such as steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical and mining industries shall strengthen their delicacy management and adopt centralized collection and disposal measures to strictly control the emission of dust and gaseous pollutants.

Industrial production enterprises shall take such measures as airtightness, enclosure, covering, cleaning and sprinkling to reduce the emission of dust and gaseous pollutants generated during the process of stockpiling, transporting, loading and unloading of internal materials.

Article 49 Flammable gases produced by industrial production, landfills or other activities shall be recycled and used. Where conditions for recycling are not available, pollution prevention and treatment shall be carried out.

Flammable gas recovery device can not operate normally, it should be promptly repaired or updated. If it is necessary to discharge combustible gas during normal operation of the recycling device, the combustible gas emitted shall be fully burned or other measures for controlling the discharge of air pollutants shall be taken and reported to the local environmental protection authority for repair as required or Updated.


Section III pollution prevention and control of motor vehicles and boats

Article 50 The state advocates low carbon and environmental protection trips, rationally controls the quantity of motor vehicles that are used for fuel vehicles according to urban planning, vigorously develops urban public transportation, and increases the proportion of public transportation trips.

The state adopts such measures as finance, taxation and government procurement to promote the application of energy-saving, environment-friendly and new-energy motor vehicles and non-road mobile machinery and limit the development of high fuel consumption, high emission motor vehicles and non-road mobile machinery and reduce the consumption of fossil fuels.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in the areas where conditions permit, implement the emission limits of the corresponding stage in the standards for the discharge of air pollutants from motor vehicles in advance and submit them to the environmental protection department under the State Council for the record.

The municipal people's government shall strengthen and improve urban traffic management, optimize road settings and ensure the continuity and smoothness of sidewalks and non-motorized lanes.

Article 51 Motor vehicles and non-road mobile machinery shall not discharge atmospheric pollutants beyond the standard.

Prohibit the production, import or sale of air pollutants discharged more than the standard motor vehicles, non-road mobile machinery.

Article 52 Motor vehicles and non-road mobile machinery manufacturing enterprises shall conduct emission tests on newly-produced motor vehicles and non-road mobile machinery. After passing the test, before the factory sales. Inspection information should be made public.

The environmental protection department of the people's government at or above the provincial level may, through on-the-spot inspection, sampling and inspection, strengthen the supervision and inspection on the discharge of air pollutants from newly-produced and sold motor vehicles and non-road mobile machinery. Industry, quality supervision, industrial and commercial administration and other relevant departments to cooperate.

Article 53 The motor vehicles to be used shall, according to the relevant provisions of the country or place, be periodically discharged by the automobile discharge inspection agencies. After passing the test, before driving on the road. Without passing the test, the traffic control department of the public security organ shall not issue the safety and technical inspection conformity mark.

The competent department of environmental protection of the local people's government at or above the county level may supervise and take spot checks on the discharge of air pollutants from motor vehicles in a centralized parked and repaired area. Without affecting the normal traffic conditions, such measures as remote sensing monitoring Means on the road driving the vehicle emissions of atmospheric pollutants supervision and testing, traffic management department of the public security organs to cooperate.

Article 54 The vehicle discharge inspection agency shall pass the metrological certification in accordance with the law and use the motor vehicle emission inspection equipment qualified in accordance with the law according to the specifications formulated by the department in charge of environmental protection under the State Council to conduct emission examination of motor vehicles and shall cooperate with the environmental protection supervisor Departmental networking, real-time sharing of inspection data. The vehicle discharge inspection agency and its responsible person are responsible for the authenticity and accuracy of the inspection data.

The competent department of environmental protection and the certification and accreditation supervision and administration department shall supervise and inspect the discharge inspection status of the vehicle discharge inspection agency.

Article 55 Motor vehicle production and import enterprises shall publish to the public the emission test information, pollution control technical information and technical information on maintenance of their vehicles for production and import.

Motor vehicle maintenance units shall, in accordance with the requirements of air pollution control and the relevant state technical specifications, carry out maintenance on motor vehicles so that they meet the prescribed emission standards. The department of transportation and environmental protection shall strengthen its supervision and administration in accordance with the law.

Motor vehicle owners are forbidden to pass vehicle emission tests in the form of temporary replacement of pollution control devices for motor vehicles. Prohibit motor vehicle maintenance units to provide such maintenance services. Prohibit the destruction of motor vehicle emission diagnostic system.

Article 56 The department in charge of environmental protection shall supervise and inspect the discharge of air pollutants from non-road mobile machinery along with the departments of transportation, urban and rural construction, agricultural administration, water administration and other relevant departments and shall not use it if the discharges are not qualified.

Article 57 The State advocates environmental driving and encourages motorized motorists to extinguish the engine and reduce the emission of air pollutants without affecting road access and parking for more than three minutes.

Article 58 The State establishes a recall system for environmental protection of motor vehicles and non-road mobile machinery.

Production and import enterprises shall be informed of the fact that air pollutants emitted by motor vehicles and non-road mobile machinery exceed the standard and are of design and production defects or not in conformity with the requirements of environmental protection durability. Recall shall be made by the quality supervision departments of the State Council together with the State Council The department in charge of environmental protection shall order it to recall.

Article 59 Where a heavy-duty diesel vehicle or non-road mobile machinery is not equipped with a pollution control device or a pollution control device fails to meet the requirements and fails to meet the standards, a pollution control device that meets the requirements shall be installed or replaced.

    Article 60 Where the discharge of air pollutants by motor vehicles exceeds the standard, maintenance shall be carried out. After the repair or adoption of pollution control technology, the emission of air pollutants still does not meet the emission standards for motor vehicles in use by the state, it shall be forcibly scrapped. The owner shall sell the motor vehicle to the scrapped motor vehicle recycling and dismantling enterprise and process the scrapped motor vehicle recycling and dismantling enterprise for registration, dismantling and destruction in accordance with the relevant state provisions.

The state encourages and supports high-emission motor vehicles and non-road mobile machinery scrapped ahead of schedule.

Article 61 Urban People's Government may, according to the quality of the atmospheric environment, delineate and promulgate an area that prohibits the use of high-emission non-road mobile machinery.

Article 62 The ship inspection agency shall discharge the ship engines and related equipment for inspection. After testing in line with national emission standards, the ship can be operated.

Article 63 Ordinary diesel oil conforming to the standards shall be used for direct vessels inland and in the Jianghai Sea. After going to Hong Kong, ocean-going vessels should use marine fuel oil that meets the control requirements of air pollutants.

Newly-built wharfs should plan, design and construct shore-based power supply facilities; the wharf that has already been built should gradually implement the transformation of shore-based power supply facilities. Ships should give priority to the use of shore power after landing in Hong Kong.

Article 64 The department of transportation under the State Council may designate the control zone for emission of air pollutants from ships in coastal areas. The ships entering the emission control zones shall comply with the relevant emission requirements of ships.

Article 65 Prohibition of the production, importation and sale of substandard motor vehicles and non-road mobile machinery fuels; the sale of ordinary diesel and other non-motor fuel to motor vehicles and motorcycles is prohibited; and non-road mobile machinery, inland waterways And Jianghai ship direct sales of residual oil and heavy oil.

Article 66 The contents of harmful substances and other atmospheric environmental protection indexes of engine oil, nitrogen oxide reducing agent, fuel and lubricating oil additives and other additives shall meet the requirements of relevant standards and shall not impair the effectiveness and durability of pollution control devices of motor vehicles and vessels Sexuality, shall not increase the new air pollutant emissions.

Article 67 The state actively promotes the prevention and control of air pollution in civil aircraft and encourages effective measures to be taken in the design, production and use to reduce the emission of air pollutants.

Civil aircraft should comply with the relevant national standards of airworthiness of engine emissions requirements.


Section Dust pollution prevention and control

Article 68 Local people's governments at various levels shall step up their management over construction, construction and transportation, keep roads clean, control piles and dregs, expand the area of ​​green space, surface water, wetlands and ground pavement and prevent dust pollution.

Housing and urban-rural construction, city appearance and environmental sanitation, transportation, land and resources and other relevant departments shall, in accordance with the responsibilities assigned by the people's government at the corresponding level, do a good job in dust pollution prevention and control.

Article 69 The construction unit shall include the cost of dust pollution prevention and control into the construction cost and clarify the responsibility of prevention and control of dust pollution by the construction unit in the construction contract. The construction unit shall formulate a specific plan for the prevention and control of dust pollution in construction.

Construction units engaged in housing construction, municipal infrastructure construction, river regulation and demolition of buildings shall file for the record with the competent department responsible for the supervision and administration of dust pollution prevention and control.

The construction unit shall set up a rigid enclosure on the construction site and take effective dust and dust control measures such as covering, staging, construction on time, watering and dust suppression, washing the ground and vehicles. Construction earthwork, engineering waste, construction waste should be timely cleared; deposited in the venue should be covered with a closed air filter. Engineering muck, construction waste should be resourced.

The construction unit shall publicize the dust prevention and control measures, the person in charge, and the competent department of dust control and supervision on the construction site.

Temporarily unable to start the construction of land, construction units should be covered bare ground; more than three months, should be afforestation, pavement or cover.

Article 70 Vehicles that transport bulk, fluid materials such as coal, garbage, muck, sand, earthwork and mortar shall adopt confined or other measures to prevent dust pollution caused by overstocking of material and follow the prescribed route.

Loading and unloading of materials should be sealed or sprayed to prevent dust pollution.

Urban people's governments shall strengthen the cleaning management of roads, plazas, parking lots and other public places, and promote low-dust operation such as mechanization of cleaning power to prevent dust pollution.

Article 71 Municipal rivers, naked rivers along public roads, and bare ground in other urban areas shall be organized by the departments concerned in accordance with the plan to implement afforestation or water-permeable paving.

Article 72 Any material liable to cause dusting such as coal, coal gangue, coal cinder, coal ash, cement, lime, gypsum, sand and so on shall be confined; if it can not be closed, it shall be provided with a tight enclosure not lower than the height of the deposit, And take effective cover measures to prevent dust pollution.

Wharves, mines, landfills and consumer sites should implement zoning operations, and take effective measures to prevent dust pollution.


Section V Agriculture and Other Pollution Prevention and Control

Article 73 Local people's governments at various levels shall promote the transformation of agricultural production mode, develop circular economy in agriculture, increase support for the comprehensive treatment of waste, and strengthen the control of air pollutants emitted from agricultural production and operation.

Article 74 The agricultural producer and trader shall improve the fertilization mode, use chemical fertilizers scientifically and rationally, and use pesticides according to relevant state regulations to reduce the emission of atmospheric pollutants such as ammonia and volatile organic compounds.

Prohibit the spraying of virulent and highly toxic pesticides on trees and flowers in areas where population is concentrated.

Article 75 Livestock farms and aquaculture communities shall timely collect, store, purify and transport sewage and livestock excrements and dead bodies to prevent the release of malodorous gases.

Article 76 The people's governments at all levels and their agricultural administrations and other relevant departments shall encourage and support the adoption of advanced and applicable technologies to carry out fertilizers, feedstuffs, energy conversion, industrialization of raw materials, edible mushroom bases and the like on straw and fallen leaves. Comprehensive utilization, increase the return of straw, the collection of integrated agricultural machinery financial subsidies.

The county-level people's government shall organize the establishment of a service system for collecting, storing, transporting and comprehensively utilizing straw, and adopt financial subsidies and other measures to support the rural collective economic organizations, farmer specialized cooperative economic organizations and enterprises to carry out the service of collecting, storing, transporting and comprehensively utilizing straw.

Article 77 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall designate regions to prohibit open-air burning of substances that produce soot and dust, such as straw and fallen leaves.

Article 78 The competent department of environmental protection under the State Council, together with the health administrative department under the State Council, shall publish a list of hazardous and polluting air pollutants according to the harms and impacts of air pollutants on public health and the ecological environment and implement risk management.

Enterprises and public institutions that discharge toxic and harmful air pollutants listed in the preceding paragraph shall, in accordance with the relevant provisions of the state, establish an environmental risk early warning system to regularly monitor the discharge outlets and the surrounding environment, assess environmental risks, investigate potential environmental safety hazards and adopt Effective measures to prevent environmental risks.

Article 79 Enterprises and institutions that discharge persistent organic pollutants into the atmosphere and other production and business operators as well as operating units of waste incineration facilities shall, in accordance with the relevant state provisions, adopt technical methods that are conducive to reducing emissions of persistent organic pollutants And process, equipped with an effective purification device to achieve discharge standards.

Article 80 Enterprises and institutions and other production and business operators who produce malodorous gases in their production and business operations shall be scientifically sited, set reasonable protective distances, install purification devices or take other measures to prevent the emission of malodorous gases.

Article 81 Catering service operators that discharge fumes shall install fume purification facilities and maintain their normal use, or adopt other fume purifying measures to discharge fumes to the standard and prevent the normal living environment of nearby residents from being polluted.

It is forbidden to build, rebuild or expand food and beverage service projects that produce soot, odor and waste gas in residential buildings, commercial and residential complexes not equipped with special flue and commercial buildings adjacent to residential buildings in commercial and residential complex.

No unit or individual may open-air grilled food or provide open-air barbecue food in any area prohibited by the local people's government.

Article 82 It is forbidden to incinerate asphalt, linoleum, rubber, plastic, leather, rubbish and other substances that generate toxic, noxious fumes and malodorous gases in densely populated areas and other areas that require special protection according to law.

It is forbidden to produce, sell and discharge fireworks that do not meet the quality standards. No unit or individual may discharge fireworks and firecrackers within the time-limits and regions prohibited by the Municipal People's Government.

Article 83 The State encourages and promotes civilized and green sacrifices.

Crematoriums shall set up pollution prevention and control facilities such as dust removal and maintain their normal use so as to prevent the surrounding environment from being affected.

Article 84 Operators engaged in service activities such as garment dry cleaning and motor vehicle maintenance shall set pollution prevention and control facilities such as odor and waste gas treatment facilities in accordance with relevant state standards or requirements and maintain their normal use so as to prevent their impact on the surrounding environment.

Article 85 The State encourages and supports the production and use of ozone-depleting substances alternatives and gradually reduces them until the production and use of ozone-depleting substances is stopped.

The state exercises total amount control and quota management on the production, use, import and export of ODS. The specific measures by the State Council.


Chapter V Joint Prevention and Control of Air Pollution in Key Areas

Article 86 The state shall establish a joint prevention and control mechanism for air pollution in key areas and coordinate the prevention and control of atmospheric pollution in key areas. The competent department of environmental protection under the State Council shall draw up the key areas for the prevention and control of atmospheric pollution and submit it to the State Council for approval in accordance with the main function zones, the quality of regional atmospheric environment and the rules for the spread of atmospheric pollution.

The people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas shall determine the leading local people's government and hold joint meetings on a regular basis to carry out joint prevention and control of atmospheric pollution and implementation of air pollution in accordance with the requirements of unified planning, uniform standards, unified monitoring and unified prevention and control measures Prevention and control of the target responsibility. The competent department of environmental protection under the State Council should step up its guidance and supervision.

Provinces, autonomous regions and municipalities directly under the Central Government may, with reference to the provisions of the first paragraph, delineate the key areas for prevention and control of air pollution in their own administrative areas.

Article 87 The competent department of environmental protection under the State Council, jointly with the relevant departments of the State Council and the governments of provinces, autonomous regions and municipalities directly under the Central Government in key areas for the prevention and control of atmospheric pollution, shall formulate the joint prevention and control of air pollution in key areas according to the economic and social development in the key areas and the carrying capacity of the atmospheric environment Plan of action, clearly control objectives, optimize the layout of regional economy, coordinate traffic management, develop clean energy, put forward key prevention and control tasks and measures, and promote the improvement of atmospheric environment in key areas.

Article 88 The competent department of economic integration under the State Council, together with the department of environmental protection under the State Council, will further improve the environmental protection, energy consumption, safety and quality requirements in the light of the actual industrial development in the key areas of national air pollution prevention and the quality of the atmospheric environment.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government in key areas shall implement stricter emission standards for air pollutants for motor vehicles, unify their use of motor vehicle inspection methods and emission limits, and supply qualified motor fuel.

Article 89 Planning for industrial parks, development zones, regional industries and development that may cause serious pollution to the atmospheric environment in the key areas for the prevention and control of atmospheric pollution shall carry out the environmental impact assessment according to law. The planning authority shall consult with the people's government of the relevant province, autonomous region or municipality directly under the Central Government, or relevant departments within the key areas.

Projects in provinces, autonomous regions and municipalities directly under the Central Government in key areas that may have a significant impact on the atmospheric environmental quality in neighboring provinces, autonomous regions and municipalities directly under the Central Government shall promptly notify relevant information and conduct business meetings.

Consultation opinions and their adoption are important evidences for reviewing or approving environmental impact assessment documents.

Article 90 New coal projects within the key areas for the prevention and control of atmospheric pollution shall be replaced by equal or lesser quantities of coal.

Article 91 The competent department of environmental protection under the State Council shall organize the establishment of mechanisms for the sharing of relevant information on atmospheric environmental quality monitoring and air pollution source monitoring in the key areas for the prevention and control of atmospheric pollution, and use the monitoring, simulation and new technologies such as satellite, aerial survey and remote sensing to analyze the key areas Within the source of atmospheric pollution and its changing trends, and to the public.

Article 92 The competent department of environmental protection under the State Council and the people's government of the relevant province, autonomous region or municipality directly under the Central Government in the key area of ​​national air pollution prevention and control may organize relevant departments to carry out joint law enforcement, cross-regional law enforcement and cross-enforcement.


Chapter VI heavy pollution weather response

Article 93 The State establishes a system for monitoring and early warning of heavy-polluted weather.

The competent department of environmental protection under the State Council, in conjunction with relevant departments such as the competent department of meteorology under the State Council, and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas for the prevention and control of atmospheric pollution, set up a monitoring and early warning mechanism for heavily polluted weather in key areas and unified the standards for early warning and grading. Where heavy pollution may occur in the area, it shall promptly notify the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government in the key areas.

The competent department of environmental protection of the people's government of a province, autonomous region, municipality directly under the Central Government and a municipality directly under the Central Government, in conjunction with the competent department of meteorology, shall establish the monitoring and early warning mechanism for heavy-polluted weather in its own administrative area.

Article 94 The local people's government at or above the county level shall incorporate the heavy pollution weather response into the emergency management system for emergencies.

The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, districts under the jurisdiction of the people's governments at county level as well as county-level people's governments that may cause heavy polluting weather should formulate contingency plans for heavy-polluted weather and file them with the environmental protection department under the people's government at the next higher level for public reporting.

Article 95 The competent department of environmental protection of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall, in consultation with the competent meteorological department, set up a consultation mechanism to carry out the forecast of atmospheric environmental quality. Where heavy pollution may occur, it shall promptly report to the people's government at the corresponding level. Municipal People's Governments of provinces, autonomous regions, municipalities directly under the Central Government, and districts under the Central Government shall conduct comprehensive judgments on the basis of heavily polluted weather forecast information, determine the level of early warning and promptly issue early warnings. Early warning level according to changes in the timely adjustment. Any unit or individual shall not be allowed to publish the warning message of heavily polluted weather forecast to the public without authorization.

After the warning information is issued, the people's government and relevant departments shall inform the public of health protection measures through television, radio, internet and SMS to guide the public to travel and adjust other social activities.

Article 96 Local people's governments at or above the county level shall, according to the warning levels of heavily polluted weather, promptly start the contingency plans and may, according to emergency needs, order the relevant enterprises to stop production or restrict production, restrict the driving of some motor vehicles, prohibit the release of fireworks and firecrackers, stop Site earthwork and building demolition construction, stop open-air barbecue, stop kindergartens and outdoor activities organized by the school organization, carry out emergency measures such as artificial weather effects operations.

After the emergency response ends, the people's government shall promptly carry out the assessment of the implementation of the contingency plan and timely modify and perfect the emergency plan.

Article 97 In the event of a sudden environmental incident causing air pollution, the people's government and relevant departments and relevant enterprises and institutions shall, in accordance with the provisions of the Law of the People's Republic of China on Emergency Response and the Law of the People's Republic of China on Environmental Protection , Do a good job emergency work. The competent department of environmental protection shall timely monitor the air pollutants generated by sudden environmental incidents and announce the monitoring information to the public.

Chapter VII Legal Liability

Article 98 Whoever, in violation of the provisions of this Law, refuses to accept the supervision and inspection of the competent department of environmental protection and the entrusted environmental supervision department or other department that has the responsibility of supervision and administration of atmospheric environmental protection, refuses to enter the site, Where a fraud is caused during the inspection, the department of environmental protection under the people's government at the county level or above or other department that is under the responsibility of supervising and managing atmospheric environmental protection shall be ordered to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; if the act constitutes a violation of public security management, The public security organ shall punish it according to law.

Article 99 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the competent department of environmental protection under the people's government at or above the county level to correct, restrict production, suspend production for rectification and be fined not less than 100,000 yuan but not more than 1,000,000 yuan; If the circumstances are serious, it shall be reported to the people's government for approval and shall be ordered to suspend business and be closed down:

(1) Failing to obtain a pollutant discharge permit to discharge atmospheric pollutants according to law;

(2) Air pollutants that exceed the discharge standards of air pollutants or exceed the control targets of the total discharge of key air pollutants;

(3) Emission of air pollutants by avoiding supervision and regulation.

Article 100 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the department in charge of environmental protection under the people's government at or above the county level to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; :

(1) Occupying, destroying or moving without authorization, changing the atmospheric environment quality monitoring facilities or the automatic monitoring equipment of air pollutant discharge;

(2) failing to monitor the discharged industrial waste gas and poisonous and harmful air pollutants in accordance with the regulations and keep the original monitoring records;

(3) failing to install and use the automatic monitoring equipment for the discharge of atmospheric pollutants according to the provisions or fail to connect with the monitoring equipment of the competent department of environmental protection in accordance with the provisions and ensure the normal operation of the monitoring equipment;

(D) focus on sewage units open or not open and automatic monitoring of data;

(E) did not set in accordance with the provisions of the air pollutant discharge port.

Article 101 Equipment and products prohibited in the catalog of producing, importing, selling or using the comprehensive industrial policies of the country in violation of the provisions of this Law shall adopt the technologies prohibited in the catalog of comprehensive national industrial policies or the equipment and products to be eliminated If the transfer is for use by others, the competent economic department in charge of the people's government at or above the county level and the entry-exit inspection and quarantine institution shall order it to make corrections according to its duties, confiscate the illegal gains and impose a fine of not less than one time and not more than three times of the value of the goods; Upon approval by the people's government with the approval right, it shall be ordered to suspend business and close down. If the act of import constitutes smuggling, the customs shall punish it according to law.

Article 102 Whoever, in violation of the provisions of this Law, fails to build coal washing facilities in accordance with the provisions of the coal mine shall be ordered by the competent department of energy under the people's government at or above the county level to make a correction and be fined not less than 100,000 yuan but not more than 1 million yuan; If corrected, the report shall be submitted to the people's government for approval and ordered to suspend business and be closed down.

Anyone who, in violation of the provisions of this Law, exploits coal containing radioactive and arsenic poisonous substances exceeding the prescribed standards shall be ordered by the people's government at or above the county level to suspend business and order to close down according to the authority prescribed by the State Council.

Article 103 Anyone who commits any of the following acts in violation of the provisions of this Law shall be subject to quality supervision by the local people's government at or above the county level and shall be ordered by the administrative department for industry and commerce to correct it according to his duties and shall confiscate the raw materials, products and illegal gains, Fines more than double but not more than three times:

(1) Sales of coal and petroleum coke that do not meet the quality standards;

(2) Producing and selling raw materials and products whose volatile organic compounds do not meet the quality standards or requirements;

(3) Producing and selling substandard motor vehicles and non-road mobile machinery fuel, engine oil, nitrogen oxide reducing agent, fuel and lubricating oil additives and other additives;

(D) in the ban burning zone sales of high-pollution fuel.

Article 104 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the exit inspection and quarantine authority to make corrections and confiscate the raw materials, products and illegal gains and impose a fine ranging from one to three times the value of the goods; Smuggled by the Customs to be punished according to law:

(1) Importing coal and petroleum coke that do not meet the quality standards;

(2) Importing raw materials and products whose volatile organic compounds do not meet the quality standards or requirements;

(3) Import of substandard motor vehicles and non-road mobile machinery fuel, engine oil, nitrogen oxide reducing agents, fuel and lubricant additives and other additives.

Article 105 Any unit that violates the provisions of this Law by burning coal and petroleum coke that does not conform to the quality standards shall be ordered by the department in charge of environmental protection under the people's government at or above the county level to make corrections and be fined not less than one time but not more than three times the value of its goods .

Article 106 Anyone who, in violation of the provisions of this Law, uses fuels for ships that do not meet the standards or requirements shall be subject to a fine of not less than 10,000 yuan but not more than 100,000 yuan by the maritime administrative department or the competent department of fishery.

Article 107 Anyone who, in violation of the provisions of this Law, newly built or expanded facilities for burning high-polluting fuels in the no-combustion zone or stopped using high-polluting fuels in accordance with the provisions or built new areas in areas covered by the urban central heating network, Expansion of decentralized coal-fired heating boilers, or not in accordance with the provisions of the demolition has been completed and can not discharge coal-fired heating boilers, the local people's government at or above the county level environmental protection department in charge of confiscating high-pollution fuel-consuming facilities, organizing disassembly Coal-fired boilers and shall be fined not less than 20,000 yuan but not more than 200,000 yuan.

Anyone who, in violation of the provisions of this Law, manufactures, imports, sells or uses a boiler that does not meet the required standards or requirements shall be ordered by the competent department of quality supervision and environmental protection of the people's government at or above the county level to correct the situation and confiscate the illegal gains and impose on him 20,000--2,000,000 The following fines.

Article 108 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the department in charge of environmental protection under the people's government at or above the county level to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; Discontinued remediation:

(1) The production and service activities that produce VOC-containing waste gas have not been carried out in a confined space or equipment, the pollution prevention and control facilities have not been installed or used as prescribed, or no measures have been taken to reduce emissions;

(2) The industrial coating enterprises have not used the paint with low volatile organic content or have not established or preserved the account books;

(3) The petroleum, chemical industry and other enterprises producing or using organic solvents fail to take measures to routinely maintain and repair the pipelines and equipment, reduce the leakage of materials or timely collect and dispose of the leaking materials;

(4) Oil storage gas storage, refueling and gas filling stations, oil tankers, gas tankers, etc. have not been installed and used properly in accordance with the relevant provisions of the State;

(5) Enterprises such as steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical and mining industries have not taken centralized measures such as collection and disposal, confinement, enclosure, covering, cleaning and watering to control and reduce the emission of dust and gaseous pollutants ;

(VI) Flammable gas generated in industrial production, landfill or other activities is not recycled, does not have the conditions of recycling No prevention and control of pollution, or flammable gas recycling device can not work properly, not repaired or updated in time .

Article 109 Anyone who, in violation of the provisions of this Law, produces motor vehicles or non-road mobile machinery that exceed the discharge standards of pollutants shall be ordered by the competent department of environmental protection under the people's government at or above the provincial level to correct them and confiscate their illegal gains, Times more than three times the fines, confiscate the destruction can not reach the pollutant discharge standards of motor vehicles, non-road mobile machinery; refuse to correct, shall be ordered to suspend production for remediation, and by the State Council motor vehicle production department ordered to stop the production of the model.

In violation of the provisions of this Law, motor vehicles, non-road mobile machinery manufacturing enterprises fooling engines and pollution control devices, and shoddy and pretending to discharge qualified products at the factory for sale shall be ordered by the environmental protection department in charge of the people's government at or above the provincial level to suspend production for rectification, Confiscate the illegal gains and impose a fine of not less than one time and not more than three times of the value of the goods, confiscate the motor vehicles and non-road mobile machines that can not meet the pollutant emission standards, and order the motor vehicle production department under the State Council to stop the production of the vehicle type.

Article 110 Anyone who violates the provisions of this Law by importing or selling motor vehicles or road moving machinery that exceed the discharge standards of pollutants shall be confiscated by the industrial and commercial administrative department of the people's government at or above the county level and the exit and entry inspection and quarantine agencies according to their duties And impose a fine of not less than one time and not more than three times the value of the value of the goods, forfeiture of motor vehicles and non-road mobile machinery that can not meet the pollutant emission standards; if the act of import constitutes smuggling, the customs shall punish it according to law.

In violation of the provisions of this Law, sales of motor vehicles, non-road mobile machinery does not meet the discharge standards of pollutants, the seller shall be responsible for repair, replacement, return; to the purchaser caused losses, the seller shall compensate the loss.

Article 111 Anyone who, in violation of the provisions of this Law, fails to publish to the public the information on emission test or pollution control of its motor vehicles or imported motor vehicles in accordance with the provisions of the present Law, shall be formulated by the people's government at or above the provincial level for environmental protection The competent department shall order it to make corrections and be fined not less than 50,000 yuan but not more than 500,000 yuan.

Violation of the provisions of this Law, motor vehicle production, import enterprises fail to publish to the public in accordance with the provisions of their production, import motor vehicle models of technical information on maintenance, transportation departments at or above the provincial level people's governments shall order correction, office 50,000 yuan One hundred thousand yuan fine.

Article 112 Anyone who, in violation of the provisions of this Law, forges motor vehicle or non-road mobile machinery discharge test results or issues a false discharge inspection report, shall be subject to the illegal collection of illegal gains by the competent department of environmental protection under the people's government at or above the county level and shall be liable to be punished for 100,000 yuan A fine of not more than 500,000 yuan; if the circumstances are serious, the department responsible for the qualification examination shall cancel the qualification of the inspection.

Anyone who, in violation of the provisions of this Law, forges ship inspection results or issues a false emission inspection report, shall be penalized by the maritime administration in accordance with the law.

In violation of the provisions of this Law, through the vehicle exhaust emission test or the in-vehicle emission diagnosis system of a motor vehicle in the temporary replacement of pollution control devices for motor vehicles, etc., the environmental protection department of the people's government at or above the county level shall order it to make corrections, A fine of 5,000 yuan; a fine of 5,000 yuan for each motor vehicle at the vehicle maintenance unit.

Article 113 Whoever, in violation of the provisions of this Law, drives a motor vehicle driving on a road on which the motor vehicle driver fails to pass the emission test shall be punished by the traffic control department of the public security organ according to law.

Article 114 Anyone who, in violation of the provisions of this Law, uses a non-road mobile machinery that fails to discharge, or if a heavy-duty diesel vehicle or non-road mobile machinery fails to be retrofitted in accordance with the provisions and the pollution control device is replaced, The government department in charge of environmental protection and other departments shall order correction according to their duties and impose a fine of 5,000 yuan.

In violation of the provisions of this Law, the use of high-emission non-road mobile machinery in areas prohibiting the use of high-emission non-road mobile machinery shall be punished according to law by the competent authority of the municipal people's government for environmental protection.

Article 115 Any construction unit that violates the provisions of this Law by one of the following acts shall be ordered by the competent department of housing and urban-rural construction under the people's government at or above the county level to correct it and be fined not less than 10,000 yuan but not more than 100,000 yuan; Refuse to correct, ordered to stop working rectification:

(1) The construction site is not provided with airtight enclosures, or effective dust and dust prevention measures such as covering, staging, construction on time, sprinkling water, washing floors and vehicles are not taken;

(B) construction earthworks, engineering muck, construction waste is not timely clearance, or not covered with a closed-type dust-proof net.

In violation of the provisions of this Law, if the construction unit fails to cover the exposed ground of the construction land temporarily unworkable or fails to green the covered ground of the construction land that can not be constructed for more than three months, and if the construction unit covers or covers the area above the county level The government department in charge of urban and rural construction shall be punished according to the provisions of the preceding paragraph.

Article 116 Vehicles that, in violation of the provisions of this Law, transport bulk or fluid materials such as coal, garbage, muck, gravel, earthwork, mortar or the like, fail to adopt confined or other measures to prevent the loss of materials, The supervisory and administrative departments as determined by the people's government shall order them to make corrections and shall be fined not less than 2,000 yuan and not more than 20,000 yuan; and vehicles that refuse to make corrections shall not drive on roads.

Article 117 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the competent department of environmental protection under the people's government at or above the county level to correct the matter in accordance with his functions and shall be fined not less than 10,000 yuan but not more than 100,000 yuan; , Ordered to stop work remediation or closed down remediation:

(1) Raw materials that are not dust-tight, such as coal, coal gangue, coal cinder, coal ash, cement, lime, gypsum and sand, which are not sealed;

(2) For materials that can not be sealed and are prone to dust generation, no strict enclosure not lower than the height of the pile or no effective covering measures to prevent dust pollution are provided;

(3) Unloading or unloading of materials does not take the form of airtightness or spraying to control dust emission;

(4) Storage of coal, coal gangue, coal cinder, coal ash and other materials without adopting any fire prevention measures;

(5) No effective measures have been taken to prevent and control dust pollution at the terminals, mines, landfills and consumer markets;

(VI) Enterprises and institutions that emit toxic and harmful air pollutants listed in the Toxic and Hazardous Air Pollutants List do not construct early-warning systems for environmental risks or periodically monitor the discharge outlets and the surrounding environment to investigate potential environmental safety hazards and take effective measures Prevent environmental risks

(7) Enterprises and institutions that discharge persistent organic pollutants into the atmosphere and other production and business operators as well as operating units of waste incineration facilities have failed to adopt technical methods and processes conducive to reducing the discharge of persistent organic pollutants in accordance with relevant state regulations, Equipped with purification device

(8) No measures have been taken to prevent the emission of foul gas.

Article 118 Whoever, in violation of the provisions of this Law, a restaurant service operator who discharges soot does not install fume purification facilities, does not normally use fume purification facilities or fails to take other soot purifying measures and discharges fumes in excess of the discharge standards, The supervisory and administrative departments as determined by the local people's governments at the above levels shall order them to make corrections and be fined not less than 5,000 yuan but not more than 50,000 yuan; if they refuse to make corrections, they shall be ordered to stop their business for rectification.

In violation of the provisions of this Law, new, reconstructed and expanded food and beverage services that generate soot, odor and exhaust gas shall be constructed, built and renovated in residential and commercial buildings, commercial and residential complexes not equipped with special flue and commercial buildings adjacent to residential buildings in commercial and residential buildings Projects, the supervisory and administrative departments as determined by the local people's governments at or above the county level shall order them to make corrections; if they refuse to make corrections, they shall be closed down and be fined not less than 10,000 yuan but not more than 100,000 yuan.

In violation of the provisions of this Law, the supervisory and administrative department as determined by the local people's government at or above the county level shall order it to make corrections, confiscate the tools for barbecue and the illegal gains if the area is open to barbecuing or open-air grilled food during the period prohibited by the local people's government, A fine of 500 yuan up to 20,000 yuan.

Article 119 Whoever, in violation of the provisions of this Law, sprays toxic and highly toxic pesticides on trees and flowers in densely populated areas or produces substances that cause soot pollution by burning open stalks such as straw and fallen leaves shall be determined by the local people's government at or above the county level The supervision and administration department shall order it to make corrections and may impose a fine of not less than 500 yuan but not more than 2,000 yuan.

Anyone who, in violation of the provisions of this Law, incinerates asphalt, linoleum, rubber, plastic, leather, garbage and other substances that produce toxic, noxious fumes and malodorous gases in areas of high population concentration and other areas that require special protection according to law shall be determined by the people's government at the county level The supervision and administration department 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 on the unit and a fine of not less than 500 yuan but not more than 2,000 yuan on the individual.

Anyone who, in violation of the provisions of this Law, discharges fireworks and firecrackers during the period prohibited by the municipal people's government and within the region shall be punished according to law by the supervisory and administrative department as determined by the local people's government at or above the county level.

Article 120 Anyone who, in violation of the provisions of this Law, engages in service activities such as dry cleaning of garments and repair of motor vehicles, does not set pollution prevention and control facilities such as odor and exhaust gas treatment facilities and maintains normal use and affects the surrounding environment shall be ordered by the local people's government at or above the county level The department in charge of environmental protection shall order correction of the fine and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; if it refuses to make corrections, it shall be ordered to stop business for rectification.

Article 121 Anyone who, in violation of the provisions of this Law, issues a warning message of heavily polluted weather forecast to the public without authorization constitutes a violation of public security management and shall be punished by the public security organ according to law.

Anyone who violates the provisions of this Law by refusing to carry out contingency measures such as stopping the work of earthwork or demolition of buildings during heavily polluted weather shall be fined not less than 10,000 yuan but not more than 100,000 yuan by the supervisory and administrative department as determined by the local people's government at or above the county level.

Article 122 Anyone who, in violation of the provisions of this Law, causes an air pollution accident shall be subject to a fine imposed by the competent department of environmental protection under the people's government at or above the county level in accordance with the provisions of the second paragraph of this article; and the persons directly in charge and other personnel directly responsible may In the previous year, the enterprise and institution received a fine of not more than 50% of its revenue.

Those who cause general or large air pollution accidents shall be fined not less than one time but not more than three times as much as direct losses caused by pollution accidents; three times or more than five times as much as the direct losses caused by heavy pollution accidents or major air pollution accidents The following calculation is fine.

Article 123 Any enterprise, institution or other producer or trader who commits any of the following acts in violation of the provisions of this Law shall be punished with a fine, be ordered to make corrections, and refuse to make corrections. The administrative organ that has made a punishment decision in accordance with the law may, The day after the next day, according to the original amount of punishment by the daily continuous punishment:

(1) Failing to obtain a pollutant discharge permit to discharge atmospheric pollutants according to law;

(2) Air pollutants that exceed the discharge standards of air pollutants or exceed the control targets of the total discharge of key air pollutants;

(3) Emission of air pollutants by evading regulation;

(D) building construction or storage of materials prone to dust did not take effective measures to prevent dust pollution.

Article 124 Anyone who, in violation of the provisions of this Law, serves as a retaliation against a whistleblower for dismissing, changing a labor contract or otherwise, shall be responsible according to the provisions of the relevant laws.

Article 125 Anyone who causes damage to air pollutants when discharging air pollutants shall bear tort liability in accordance with the law.

Article 126 Where any local people's government at various levels, the department in charge of environmental protection under the people's government at or above the county level and other departments or departments in charge of the supervision and administration of atmospheric environment protection abuse their powers, neglect their duties, practice favoritism for their own purposes, Be punished according to law.

Article 127 Anyone who, in violation of the provisions of this Law, constitutes a crime shall be investigated for criminal responsibility according to law.


Chapter VIII Supplementary Provisions

Article 128 The prevention and control of atmospheric pollution in marine engineering shall be implemented in accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of the Marine Environment.

 Article 129 This Law shall go into effect on January 1, 2016.