People’s Republic of China (PRC) air pollution prevention and control law
       (On September 5, 1987, the 22nd meeting of the 6th the NPC Standing Committee passed the first amendment on April 29, 2000 and the 15th meeting of the 9th the NPC Standing Committee on August 29, 2015 according to the Decision on Amending the Law on Prevention and Control of Air Pollution in People’s Republic of China (PRC) of the 15th meeting of the 8th the NPC Standing Committee on August 29, 1995. The second revision of the 16th session of the 2nd the NPC Standing Committee was based on the Decision on Amending the Law of People’s Republic of China (PRC) on the Protection of Wild Animals and other 15 laws of the 6th session of the 13th the NPC Standing Committee on October 26th, 2018).
Catalogue
        Chapter I General Principles
        Chapter II Standards for Prevention and Control of Air Pollution and Planning for Reaching the Standards within a Time Limit
        Chapter III Supervision and Administration of Air Pollution Prevention and Control
        Chapter IV Measures for the Prevention and Control of Air Pollution
        Section 1 Prevention and Control of Coal Burning and Other Energy Pollution
        Section 2 Prevention and Control of Industrial Pollution
        Section 3 Prevention and Control of Pollution from Motor Vehicles and Ships
        The fourth quarter dust pollution prevention and control
        Section 5 Prevention and Control of Agriculture and Other Pollution
        Chapter V Joint Prevention and Control of Air Pollution in Key Areas
        Chapter VI Response to Heavy Pollution Weather
        Chapter VII Legal Liability
        Chapter VIII Supplementary Provisions
Chapter I General Principles
       the first This Law is formulated 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 development of economy and society.
       the second To prevent and control air pollution, we should aim at improving the quality of the atmospheric environment, adhere to source control, plan first, change the mode of economic development, optimize the industrial structure and layout, and adjust the energy structure.
        To prevent and control air pollution, we should strengthen the comprehensive prevention and control of air pollution such as coal burning, industry, motor vehicles and ships, dust and agriculture, carry out joint prevention and control of regional air pollution, and implement coordinated control of atmospheric pollutants such as particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds and ammonia and greenhouse gases.
       Article The people’s governments at or above the county level shall incorporate the prevention and control of air pollution into the national economic and social development plan, and increase financial investment in the prevention and control of air pollution.
        Local people’s governments at various levels shall be responsible for the atmospheric environmental quality in their respective administrative areas, formulate plans and take measures to control or gradually reduce the emission of atmospheric pollutants, so that the atmospheric environmental quality can meet the prescribed standards and gradually improve.
       Article 4 The competent department of ecological environment of the State Council, together with the relevant departments of the State Council, shall, in accordance with the provisions of the State Council, assess the completion of the objectives of improving atmospheric environmental quality and the key tasks of air pollution prevention and control in provinces, autonomous regions and municipalities directly under the Central Government. The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate assessment methods to assess the completion of local atmospheric environmental quality improvement targets and key tasks of air pollution prevention and control within their respective administrative areas. The assessment results shall be made public to the public.
       Article 5 The competent department of ecological environment of the people’s government at or above the county level shall exercise unified supervision and management over the prevention and control of air pollution.
        Other relevant departments of the people’s governments at or above the county level shall supervise and manage the prevention and control of air pollution within their respective functions and duties.
       Article 6 The state encourages and supports scientific and technological research on the prevention and control of air pollution, carries out analysis on the sources and changing trends of air pollution, popularizes advanced and applicable air pollution prevention technologies and equipment, promotes the transformation of scientific and technological achievements, and gives full play to the supporting role of science and technology in the prevention and control of air pollution.
       Article 7 Enterprises, institutions and other producers and operators shall take effective measures to prevent and reduce air pollution, and shall be liable for the damage caused according to law.
        Citizens should enhance their awareness of atmospheric environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their obligations of atmospheric environmental protection.
Chapter II Standards for Prevention and Control of Air Pollution and Planning for Reaching the Standards within a Time Limit
       Article 8 The competent department of ecological environment in the State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate atmospheric environmental quality standards with the aim of safeguarding public health and protecting the ecological environment, which is suitable for economic and social development and scientific and reasonable.
       Article 9 The competent department of ecological environment in the State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate standards for the discharge of atmospheric pollutants on the basis of the quality standards of atmospheric environment and the economic and technological conditions of the country.
       Article 10 The formulation of atmospheric environmental quality standards and air pollutant emission standards shall organize experts to review and demonstrate, and solicit opinions from relevant departments, industry associations, enterprises and institutions and the public.
       Article 11 The competent department of ecological environment of the people’s government at or above the provincial level shall publish the atmospheric environmental quality standards and the emission standards of atmospheric pollutants on its website for the public to consult and download for free.
       Article 12 The implementation of atmospheric environmental quality standards and air pollutant emission standards shall be evaluated regularly, and the standards shall be revised in a timely manner according to the evaluation results.
       Article 13 To formulate quality standards for products containing volatile organic compounds such as coal, petroleum coke, biomass fuel, coatings, fireworks and boilers, the requirements for atmospheric environmental protection should be clarified.
        The formulation of fuel quality standards shall conform to the national air pollutant control requirements, and be linked with the national air pollutant emission standards for motor vehicles, ships and non-road mobile machinery, and implemented simultaneously.
        The non-road mobile machinery mentioned in the preceding paragraph refers to mobile machinery and transportable industrial equipment equipped with engines.
       Article 14 The people’s governments of cities that fail to meet the national standards for atmospheric environmental quality shall promptly prepare plans for reaching the standards within a time limit, and take measures to reach the standards within the time limit set by the people’s governments of the State Council or at the provincial level.
        The opinions of relevant trade associations, enterprises and institutions, experts and the public shall be sought in the preparation of the plan for meeting the standards of urban atmospheric environmental quality within a time limit.
       Article 15 Urban atmospheric environmental quality planning should be made public within a time limit. The plans for reaching the standard of atmospheric environmental quality within a time limit for municipalities directly under the central government and cities divided into districts shall be reported to the competent department of ecological environment of the State Council for the record.
       Article 16 When the people’s government of a city reports to the people’s congress at the corresponding level or its standing committee on the environmental conditions and the completion of environmental protection objectives every year, it shall report on the implementation of the plan for reaching the standard of atmospheric environmental quality within a time limit and make it public.
       Article 17 The plan for reaching the standard of urban atmospheric environmental quality within a time limit shall be evaluated and revised in a timely manner according to the requirements of air pollution prevention and control and the economic and technical conditions.
Chapter III Supervision and Administration of Air Pollution Prevention and Control
       Article 18 Enterprises, institutions and other producers and operators shall conduct environmental impact assessment and disclose environmental impact assessment documents in accordance with the law when building projects that have an impact on the atmospheric environment; Those who discharge pollutants into the atmosphere shall conform to the standards for the discharge of atmospheric pollutants and comply with the requirements for the control of the total discharge of key atmospheric pollutants.
       Article 19 Enterprises and institutions that discharge industrial waste gas or toxic and harmful air pollutants listed in the catalogue as stipulated in Article 78 of this Law, coal-fired heat source production and operation units of central heating facilities and other units that carry out pollution discharge permit management according to law shall obtain pollution discharge permits. The specific measures and implementation steps of pollutant discharge permit shall be stipulated by the State Council.
       Article 20 Enterprises, institutions and other producers and operators who discharge pollutants into the atmosphere shall set up air pollutant discharge outlets in accordance with laws and regulations and the provisions of the competent department of ecological environment of the State Council.
        It is forbidden to discharge atmospheric pollutants by evading supervision by stealing, tampering with or forging monitoring data, temporarily stopping production for the purpose of evading on-site inspection, opening emergency discharge channels in non-emergency situations, and abnormally operating air pollution prevention and control facilities.
       Article 21 The state exercises total control over the discharge of key air pollutants.
        The total emission control targets of key air pollutants shall be submitted to the State Council for approval and issued for implementation by the competent department of ecology and environment of the State Council after consulting the relevant departments of the State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, together with the comprehensive economic department of the State Council.
        The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall control or reduce the total emission of key air pollutants in their respective administrative areas in accordance with the total emission control targets issued by the State Council.
        The specific measures for determining the total control target and decomposing the total control index shall be formulated by the competent department of ecological environment of the State Council in conjunction with the relevant departments of 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 air pollution in their respective administrative areas, exercise total control over the discharge of other air pollutants other than national key air pollutants.
        The state gradually promotes the trading of emission rights of key air pollutants.
       Article 22 For areas that exceed the national total emission control index of key air pollutants or fail to meet the national goal of improving the atmospheric environmental quality, the competent department of ecological environment of the people’s government at or above the provincial level shall, jointly with relevant departments, interview the main person in charge of the people’s government in the area, and suspend the examination and approval of the environmental impact assessment documents of the construction projects that add the total emission of key air pollutants in the area. The interview should be made public.
       Article 23 The competent department of ecological environment in the State Council is responsible for formulating the monitoring and evaluation standards for atmospheric environmental quality and air pollution sources, organizing the construction and management of the national monitoring network for atmospheric environmental quality and air pollution sources, organizing the monitoring of atmospheric environmental quality and air pollution sources, and uniformly releasing information on the national atmospheric environmental quality.
        The competent department of ecological environment of the local people’s governments at or above the county level shall be responsible for organizing the construction and management of the monitoring network of atmospheric environmental quality and atmospheric pollution sources in their respective administrative areas, carrying out monitoring of atmospheric environmental quality and atmospheric pollution sources, and uniformly releasing information on atmospheric environmental quality in their respective administrative areas.
       Article 24 Enterprises, institutions and other producers and operators shall, in accordance with the relevant state regulations and monitoring norms, monitor the industrial waste gas discharged by them and the toxic and harmful atmospheric pollutants listed in the catalogue stipulated in Article 78 of this Law, and keep the original monitoring records. Among them, key pollutant discharge units should install and use automatic monitoring equipment for air pollutant discharge, and connect with the monitoring equipment of the competent department of ecological environment to ensure the normal operation of the monitoring equipment and disclose the discharge information according to law. The specific measures for monitoring and the conditions of key pollutant discharge units shall be stipulated by the competent department of ecological environment of the State Council.
        The list of key pollutant discharge units shall be determined by the competent department of ecological environment of the local people’s government at or above the municipal level in accordance with the provisions of the competent department of ecological environment of the State Council, according to the requirements of the atmospheric environmental carrying capacity of the administrative region, the total emission control index of key atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by pollutant discharge units, and shall be determined in consultation with relevant departments and announced to the public.
       Article 25 Key pollutant discharge units shall be responsible for the authenticity and accuracy of automatic monitoring data. The competent department of ecological environment shall promptly investigate the abnormal transmission data of the automatic monitoring equipment for air pollutant emission of key pollutant discharge units.
       Article 26 It is forbidden to occupy, damage or move or change the atmospheric environmental quality monitoring facilities and automatic monitoring equipment for atmospheric pollutant discharge without authorization.
       Article 27 The state implements the elimination system for processes, equipment and products that seriously pollute the atmospheric environment.
        The comprehensive economic department of the State Council shall, jointly with relevant departments of the State Council, determine the elimination period of technologies, equipment and products that seriously pollute the atmospheric environment, and incorporate them into the catalogue of national comprehensive industrial policies.
        Producers, importers, sellers or users shall stop producing, importing, selling or using the equipment and products listed in the catalogue specified in the preceding paragraph within the prescribed time limit. The user of the process shall stop using the process listed in the catalogue specified in the preceding paragraph within the prescribed time limit.
        Eliminated equipment and products shall not be transferred to others for use.
       Article 28 The competent department of ecological environment in the State Council shall, jointly with relevant departments, establish and improve the air pollution damage assessment system.
       Article 29 The competent department of ecological environment and its environmental law enforcement agencies and other departments responsible for the supervision and management of atmospheric environmental protection have the right to supervise and inspect enterprises, institutions and other producers and operators that discharge atmospheric pollutants through on-site inspection and monitoring, automatic monitoring, remote sensing monitoring and far-infrared camera shooting. The inspected shall truthfully report the situation and provide necessary information. The departments, institutions and their staff who carry out the inspection shall keep business secrets for the inspected.
       Article 30 Where enterprises, institutions and other producers and operators discharge atmospheric pollutants in violation of laws and regulations, causing or likely to cause serious air pollution, or relevant evidence may be lost or concealed, the competent department of ecological environment of the people’s government at or above the county level and other departments responsible for the supervision and management of atmospheric environmental protection may take administrative compulsory measures such as sealing up and detaining relevant facilities, equipment and articles.
       Article 31 The competent department of ecological environment and other departments responsible for the supervision and management of atmospheric environmental protection shall publish the telephone number and e-mail address of the report to facilitate the public to report.
        The competent department of ecological environment and other departments responsible for the supervision and management of atmospheric environmental protection shall handle the report in time and keep the relevant information of the informant confidential; If the real name is reported, the results should be fed back. If it is verified, the results will be disclosed to the public according to law, and the whistleblower will be rewarded.
        Where an informer reports to his unit, the unit shall not take revenge on the informer by dissolving or changing the labor contract or by other means.
Chapter IV Measures for the Prevention and Control of Air Pollution
Section 1 Prevention and Control of Coal Burning and Other Energy Pollution
Article 32 Relevant departments of the State Council and local people’s governments at all levels should take measures to adjust the energy structure and promote the production and use of clean energy; Optimize the use of coal, promote the clean and efficient use of coal, gradually reduce the proportion of coal in primary energy consumption, and reduce the emission of air pollutants in the process of coal production, use and transformation.
       Article 33 The state promotes coal washing and processing, reduces the sulfur content and ash content of coal, and restricts the mining of coal with high sulfur content and ash content. Newly-built coal mines should simultaneously build supporting coal washing facilities to make the sulfur content and ash content of coal reach the prescribed standards; In addition to the coal with low sulfur content and ash content, or the coal-fired power plant that has reached the discharge standard does not need washing, the completed coal mine shall build supporting coal washing facilities within a time limit.
        It is forbidden to mine coal containing toxic and harmful substances such as radioactivity and arsenic that exceed the prescribed standards.
       Article 34 The state adopts economic and technical policies and measures conducive to the clean and efficient utilization of coal, and encourages and supports the development and popularization of clean coal technology.
        The state encourages coal mining enterprises to adopt reasonable and feasible technical measures to exploit and utilize coalbed methane and comprehensively utilize coal gangue. Engaged in the exploitation and utilization of coalbed methane, coalbed methane emissions shall comply with relevant standards and norms.
       Article 35 The state prohibits the import, sale and burning of coal that does not meet the quality standards, and encourages the burning of high-quality coal.
        Units storing coal, coal gangue, coal cinder, coal ash and other materials shall take fire prevention measures to prevent air pollution.
       Article 36 Local people’s governments at all levels should take measures to strengthen the management of civil loose coal, prohibit the sale of coal that does not meet the quality standards of civil loose coal, encourage residents to burn high-quality coal and clean briquette, and promote energy-saving and environment-friendly stoves.
       Article 37 Petroleum refining enterprises shall produce fuel in accordance with fuel quality standards.
        It is forbidden to import, sell and burn petroleum coke that does not meet the quality standards.
       Article 38 The people’s government of a city may delimit and publish the no-burn zone for highly polluting fuels, and gradually expand the scope of the no-burn zone for highly polluting fuels according to the requirements for improving the quality of the atmospheric environment. The catalogue of highly polluting fuels shall be determined by the competent department of ecological environment of the State Council.
        In the no-burn zone, it is forbidden to sell and burn highly polluting fuels; It is forbidden to build or expand facilities that burn highly polluting fuels. If they have been completed, they should switch to natural gas, shale gas, liquefied petroleum gas, electricity or other clean energy sources within the time limit stipulated by the city people’s government.
       Article 39 Urban construction should be planned as a whole, and cogeneration and central heating should be promoted in coal-fired heating areas. In the area covered by central heating pipe network, it is forbidden to build or expand decentralized coal-fired heating boilers; Built coal-fired heating boilers that fail to meet the discharge standards shall be dismantled within the time limit prescribed by the city people’s government.
       Article 40 The market supervision and management department of the people’s government at or above the county level shall, jointly with the competent department of ecological environment, supervise and inspect the implementation of environmental protection standards or requirements in the production, import, sale and use of boilers; Those that do not meet the standards or requirements of environmental protection shall not be produced, imported, sold or used.
       Article 41 Coal-fired power plants and other coal-fired units shall adopt clean production technology, build supporting devices for dust removal, desulfurization and denitrification, or take other measures to control the emission of atmospheric pollutants such as technological transformation.
        The state encourages coal-burning units to adopt advanced technologies and devices for coordinated control of air pollutants such as dust removal, desulfurization, denitrification and mercury removal, so as to reduce the emission of air pollutants.
       Article 42 Power dispatching should give priority to clean energy power generation.
Section 2 Prevention and Control of Industrial Pollution
       Article 43 Enterprises such as iron and steel, building materials, non-ferrous metals, petroleum, chemical industry, etc. that discharge dust, sulfide and nitrogen oxides in the production process shall adopt clean production technology, build supporting devices such as dust removal, desulfurization and denitrification, or take other measures such as technological transformation to control the emission of atmospheric pollutants.
       Article 44 The production, import, sale and use of raw materials and products containing volatile organic compounds shall meet the quality standards or requirements.
        The State encourages the production, import, sale and use of organic solvents with low toxicity and low volatility.
       Article 45 Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined spaces or equipment, and pollution prevention facilities shall be installed and used in accordance with regulations; If it cannot be sealed, measures should be taken to reduce exhaust emissions.
       Article 46 Industrial painting enterprises should use paints with low volatile organic compounds content, and establish ledgers to record the usage, waste, destination and volatile organic compounds content of production raw materials and auxiliary materials. The retention period of the ledger shall not be less than three years.
       Article 47 Petroleum, chemical and other enterprises that produce and use organic solvents shall take measures to carry out routine maintenance and repair of pipelines and equipment to reduce material leakage, and the leaked materials shall be collected and treated in time.
        Oil and gas storage depots, gas filling stations, crude oil and refined oil terminals, crude oil and refined oil transport vessels, oil tankers and gas tankers, etc. shall be installed with oil and gas recovery devices in accordance with relevant state regulations and maintained in normal use.
       Article 48 Enterprises such as iron and steel, building materials, non-ferrous metals, petroleum, chemical industry, pharmacy, mineral exploitation, etc. should strengthen fine management and take measures such as centralized collection and treatment to strictly control the discharge of dust and gaseous pollutants.
        Industrial production enterprises should take measures such as sealing, enclosure, covering, cleaning and sprinkling water to reduce the discharge of dust and gaseous pollutants generated in the storage, transmission, loading and unloading of internal materials.
       Article 49 Combustible gases produced by industrial production, landfill or other activities should be recycled, and pollution prevention and treatment should be carried out if the conditions for recycling are not met.
        If the combustible gas recovery and utilization device cannot operate normally, it shall be repaired or updated in time. If it is really necessary to discharge combustible gas during the period when the recycling device cannot operate normally, it shall fully burn the discharged combustible gas or take other measures to control the emission of atmospheric pollutants, and report to the local competent department of ecological environment, and repair or update it within a time limit as required.
Section 3 Prevention and Control of Pollution from Motor Vehicles and Ships
       Article 50 The state advocates low-carbon and environmentally-friendly travel, reasonably controls the number of fuel vehicles according to urban planning, vigorously develops urban public transport, and increases the proportion of public transport trips.
        The state adopts measures such as finance, taxation and government procurement to promote the application of energy-saving, environment-friendly and new energy motor vehicles, boats and off-road mobile machinery, restrict the development of motor vehicles, boats and off-road mobile machinery with high fuel consumption and high emissions, and reduce the consumption of fossil energy.
        The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in areas where conditions permit, implement the emission limits at corresponding stages in the national emission standards for air pollutants from motor vehicles in advance and report them to the competent department of ecological environment of the State Council for the record.
        The people’s governments of cities should strengthen and improve urban traffic management, optimize road settings, and ensure the continuity and smoothness of sidewalks and non-motor vehicle lanes.
       Article 51 Motor vehicles, boats and non-road mobile machinery shall not discharge atmospheric pollutants beyond the standard.
        It is prohibited to produce, import or sell motor vehicles, boats and off-road mobile machinery whose air pollutant emission exceeds the standard.
       Article 52 Motor vehicle and non-road mobile machinery production enterprises shall conduct emission inspection on newly produced motor vehicles and non-road mobile machinery. Only those who pass the inspection can be sold out of the factory. Inspection information shall be disclosed to the public.
        The competent department of ecological environment of the people’s government at or above the provincial level may strengthen the supervision and inspection of the air pollutant emission status of newly produced and sold motor vehicles and non-road mobile machinery through on-site inspection and sampling inspection. Industry, market supervision and management and other relevant departments to cooperate.
       Article 53 Motor vehicles in use shall, in accordance with the relevant provisions of the state or local authorities, be regularly inspected by motor vehicle emission inspection agencies. Only those who pass the inspection can drive on the road. Without passing the inspection, the traffic administrative department of the public security organ shall not issue the safety technical inspection mark.
        The competent department of ecological environment of the local people’s government at or above the county level may supervise and sample the emission of air pollutants from motor vehicles in use in centralized parking places and maintenance places; Under the condition of not affecting the normal traffic, remote sensing monitoring and other technical means can be used to supervise and sample the emission of air pollutants from motor vehicles driving on the road, and the traffic management department of the public security organ will cooperate.
       Article 54 Motor vehicle emission inspection institutions shall pass metrological certification in accordance with the law, use motor vehicle emission inspection equipment that has passed the legal verification, conduct emission inspection on motor vehicles in accordance with the specifications formulated by the competent department of ecological environment of the State Council, and connect with the competent department of ecological environment to realize real-time sharing of inspection data. Motor vehicle emission inspection institutions and their responsible persons are responsible for the authenticity and accuracy of inspection data.
        The competent department of ecological environment and the supervision and administration department of certification and accreditation shall supervise and inspect the emission inspection of motor vehicle emission inspection institutions.
       Article 55 Motor vehicle manufacturing and importing enterprises shall announce to the public the emission inspection information, pollution control technical information and relevant maintenance technical information of their manufactured and imported motor vehicle models.
        Motor vehicle maintenance units shall, in accordance with the requirements for the prevention and control of air pollution and the relevant technical specifications of the state, maintain motor vehicles in use so that they can meet the prescribed emission standards. The competent departments of transportation and ecological environment shall strengthen supervision and management according to law.
        It is forbidden for motor vehicle owners to pass the motor vehicle emission inspection by temporarily replacing motor vehicle pollution control devices and other fraudulent means. Motor vehicle maintenance units are prohibited from providing such maintenance services. It is forbidden to destroy the on-board emission diagnosis system of motor vehicles.
       Article 56 The competent department of ecological environment shall, jointly with the relevant departments of transportation, housing and urban-rural construction, agricultural administration, water administration, etc., supervise and inspect the emission status of air pollutants from non-road mobile machinery, and shall not be used if the emission is unqualified.
       Article 57 The state advocates environmentally-friendly driving, and encourages drivers of fuel-fired motor vehicles to put out their engines without affecting road traffic and stopping for more than three minutes, so as to reduce the emission of air pollutants.
       Article 58 The state establishes a recall system for environmental protection of motor vehicles and off-road mobile machinery.
        If the production and import enterprises know that the air pollutants discharged by motor vehicles and non-road mobile machinery exceed the standard, which are design and production defects or do not meet the specified environmental protection durability requirements, they shall recall them; If it is not recalled, the the State Council Municipal Market Supervision and Management Department shall, jointly with the the State Council Ecological Environment Department, order it to be recalled.
       Article 59 Heavy-duty diesel vehicles and off-road mobile machinery in use are not equipped with pollution control devices, or the pollution control devices do not meet the requirements and cannot meet the discharge standards, and pollution control devices that meet the requirements shall be installed or replaced.
       Article 60 If the air pollutants discharged by motor vehicles in use exceed the standard, they shall be maintained; After maintenance or the use of pollution control technology, the emission of air pollutants still does not meet the national emission standards for motor vehicles in use, and it should be scrapped. The owner shall sell the motor vehicle to the scrapped motor vehicle recycling and dismantling enterprise, and the scrapped motor vehicle recycling and dismantling enterprise shall register, dismantle and destroy it in accordance with the relevant provisions of the state.
        The state encourages and supports high-emission motor vehicles, boats and off-road mobile machinery to be scrapped in advance.
       Article 61 The people’s government of a city may, according to the quality of the atmospheric environment, designate and publish areas where the use of high-emission off-road mobile machinery is prohibited.
       Article 62 Ship inspection agencies conduct emission inspection on ship engines and related equipment. The ship can only operate if it meets the national emission standards after inspection.
       Article 63 Direct ships in inland rivers and rivers and seas should use ordinary diesel oil that meets the standards. Ocean-going ships should use marine fuel that meets the requirements of air pollutant control after berthing.
        The newly-built wharf shall plan, design and build shore-based power supply facilities; The completed wharf shall gradually implement the transformation of shore-based power supply facilities. Ships should give priority to shore power after docking.
       Article 64 The competent department of transportation of the State Council may designate a control area for the discharge of atmospheric pollutants from ships in coastal waters, and the ships entering the control area shall meet the relevant discharge requirements of ships.
       Article 65 It is forbidden to produce, import and sell fuels for motor vehicles, boats and non-road mobile machinery that do not meet the standards; It is forbidden to sell ordinary diesel oil and other non-motor vehicle fuels to automobiles and motorcycles; It is forbidden to sell residual oil and heavy oil to non-road mobile machinery, inland rivers and river-sea direct ships.
       Article 66 The contents of harmful substances in engine oil, nitrogen oxide reductant, fuel and lubricating oil additives and other additives and other atmospheric environmental protection indicators shall meet the requirements of relevant standards, and shall not damage the effect and durability of pollution control devices for motor vehicles and ships, and shall not increase the discharge of new atmospheric pollutants.
       Article 67 The state actively promotes the prevention and control of air pollution by civil aircraft, and encourages effective measures to reduce the emission of air pollutants in the process of design, production and use.
        Civil aircraft shall meet the requirements of engine emissions in the airworthiness standards stipulated by the state.
The fourth quarter dust pollution prevention and control
       Article 68 Local people’s governments at all levels should strengthen the management of construction and transportation, keep roads clean, control the stacking of materials and muck, expand the paved area of green space, water surface, wetland and ground, and prevent dust pollution.
        Housing and urban construction, city appearance and environmental sanitation, transportation, land and resources and other relevant departments shall, according to the responsibilities determined by the people’s government at the corresponding level, do a good job in the prevention and control of dust pollution.
       Article 69 The construction unit shall include the cost of preventing and controlling dust pollution in the project cost, and specify the responsibility of the construction unit for preventing and controlling dust pollution in the construction contract. The construction unit shall formulate a specific implementation plan for the prevention and control of construction dust pollution.
        Construction units engaged in building construction, municipal infrastructure construction, river regulation and building demolition shall file with the competent department in charge of supervision and management of dust pollution prevention and control.
        The construction unit shall set up a hard enclosure at the construction site, and take effective dust-proof and dust-reduction measures such as covering, subsection operation, timing construction, sprinkling water to suppress dust, washing the ground and vehicles. Construction earthwork, engineering muck and construction waste shall be removed in time; Stacking in the site shall be covered with a closed dustproof net. Engineering muck and construction waste should be treated as resources.
        The construction unit shall publicize the information of dust pollution prevention and control measures, the person in charge and the competent department of dust supervision and management at the construction site.
        The construction unit shall cover the bare ground for the construction land that can not be started temporarily; For more than three months, it shall be afforested, paved or covered.
       Article 70 Vehicles transporting coal, garbage, muck, sand and gravel, earthwork, mortar and other bulk and fluid materials shall adopt sealing or other measures to prevent dust pollution caused by the spillage of materials, and drive along the prescribed route.
        Loading and unloading materials should be sealed or sprayed to prevent dust pollution.
        The people’s government of a city shall strengthen the management of cleaning and cleaning of roads, squares, parking lots and other public places, and implement low-dust operation methods such as clean power mechanized cleaning to prevent and control dust pollution.
       Article 71 The relevant departments shall organize the implementation of greening or permeable pavement in accordance with the planning for the exposed ground of municipal rivers, along rivers, public land and other towns.
       Article 72 Storage of coal, coal gangue, cinder, coal ash, cement, lime, gypsum, sand and other materials that are easy to produce dust should be sealed; If it can’t be sealed, a tight enclosure not lower than the height of the stacked objects shall be set up, and effective covering measures shall be taken to prevent and control dust pollution.
        Docks, mines, landfills and disposal sites shall be divided into zones and effective measures shall be taken to prevent and control dust pollution.
Section 5 Prevention and Control of Agriculture and Other Pollution
       Article 73 Local people’s governments at all levels should promote the transformation of agricultural production methods, develop agricultural circular economy, increase support for comprehensive waste treatment, and strengthen the control of air pollutants discharged from agricultural production and operation activities.
       Article 74 Agricultural producers and operators should improve fertilization methods, scientifically and rationally apply chemical fertilizers and use pesticides in accordance with relevant state regulations, so as to reduce the emission of air pollutants such as ammonia and volatile organic compounds.
        It is forbidden to spray highly toxic and toxic pesticides on trees and flowers in densely populated areas.
       Article 75 Livestock and poultry farms and farming communities shall collect, store, remove and harmlessly treat sewage, livestock manure and corpses in time to prevent the emission of malodorous gases.
       Article 76 People’s governments at all levels and relevant departments of agricultural administration should encourage and support the adoption of advanced and applicable technologies to comprehensively utilize straw, fallen leaves, such as fertilizer, feed, energy, industrial raw materials and edible fungi as base materials, and increase financial subsidies for straw returning to fields and collecting integrated agricultural machinery.
        The people’s governments at the county level shall organize the establishment of a service system for straw collection, storage, transportation and comprehensive utilization, and adopt financial subsidies and other measures to support rural collective economic organizations, farmers’ professional cooperative economic organizations and enterprises to carry out straw collection, storage, transportation and comprehensive utilization services.
       Article 77 The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall delimit areas and prohibit the open burning of straw, fallen leaves and other substances that produce smoke pollution.
       Article 78 The competent department of ecological environment in the State Council shall, jointly with the administrative department of health in the State Council, publish a list of toxic and harmful atmospheric pollutants according to the harm and influence of atmospheric pollutants on public health and ecological environment, and implement risk management.
        Enterprises and institutions that discharge toxic and harmful atmospheric pollutants listed in the catalogue specified in the preceding paragraph shall, in accordance with the relevant provisions of the state, build an environmental risk early warning system, regularly monitor the discharge outlets and the surrounding environment, assess environmental risks, investigate environmental safety hazards, and take effective measures to prevent environmental risks.
       Article 79 Enterprises, institutions, other producers and operators who discharge persistent organic pollutants into the atmosphere and the operating units of waste incineration facilities shall, in accordance with the relevant provisions of the state, adopt technical methods and processes that are conducive to reducing the emission of persistent organic pollutants, and equip them with effective purification devices to achieve the discharge standards.
       Article 80 Enterprises, institutions and other producers and operators who produce malodorous gases in their production and business activities shall choose a scientific site, set a reasonable protective distance, install purification devices or take other measures to prevent the emission of malodorous gases.
       Article 81 Operators of catering services that discharge lampblack shall install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to discharge lampblack up to the standard and prevent pollution to the normal living environment of nearby residents.
        It is forbidden to build, rebuild or expand catering service projects that produce oil smoke, odor and waste gas in residential buildings, commercial and residential complex buildings without special flues and commercial floors adjacent to residential floors in commercial and residential complex buildings.
        No unit or individual may barbecue food in the open air or provide a venue for barbecue food in the area prohibited by the local people’s government.
       Article 82 It is forbidden to burn asphalt, linoleum, rubber, plastic, leather, garbage and other substances that produce toxic and harmful smoke and malodorous gases in densely populated areas and other areas that need special protection according to law.
        It is forbidden to produce, sell and set off fireworks and firecrackers that do not meet the quality standards. No unit or individual is allowed to set off fireworks and firecrackers in the time and area prohibited by the city people’s government.
       Article 83 The state encourages and advocates civilized and green sacrifices.
        Crematorium should be equipped with pollution prevention and control facilities such as dust removal and keep it in normal use to prevent it from affecting the surrounding environment.
       Article 84 Operators engaged in clothing dry cleaning and motor vehicle maintenance and other service activities shall set up pollution prevention facilities such as odor and waste gas treatment devices in accordance with relevant national standards or requirements and keep them in normal use to prevent the surrounding environment from being affected.
       Article 85 The state encourages and supports the production and use of substitutes for ozone-depleting substances, and gradually reduces or even stops the production and use of ozone-depleting substances.
        The state exercises total control and quota management over the production, use, import and export of ozone-depleting substances. The specific measures shall be formulated by the State Council.
Chapter V Joint Prevention and Control of Air Pollution in Key Areas
       Article 86 The state establishes a joint prevention and control mechanism for air pollution in key areas, and coordinates the prevention and control of air pollution in key areas. According to the main function zoning, regional atmospheric environmental quality and the law of air pollution transmission and diffusion, the competent department of ecological environment in the State Council has designated the national key areas for air pollution prevention and control, and submitted them to the State Council for approval.
        The people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas shall determine the local people’s governments to take the lead, hold joint meetings regularly, carry out joint prevention and control of air pollution in accordance with the requirements of unified planning, unified standards, unified monitoring and unified prevention and control measures, and implement the target responsibility of air pollution prevention and control. The competent department of ecological environment in the State Council should strengthen guidance and supervision.
        Provinces, autonomous regions and municipalities directly under the Central Government may designate key areas for the prevention and control of air pollution within their respective administrative areas with reference to the provisions of the first paragraph.
       Article 87 The competent department of ecological environment of the State Council, together with the relevant departments of the State Council and the people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in the national key areas for air pollution prevention and control, shall, according to the economic and social development of key areas and the carrying capacity of atmospheric environment, formulate an action plan for joint prevention and control of air pollution in key areas, clarify the control objectives, optimize the regional economic layout, coordinate traffic management, develop clean energy, put forward key prevention and control tasks and measures, and promote the improvement of atmospheric environment quality in key areas.
       Article 88 The comprehensive economic department in the State Council, together with the ecological environment department in the State Council, will further improve the requirements of environmental protection, energy consumption, safety and quality in light of the actual industrial development and atmospheric environmental quality in key areas of national air pollution prevention and control.
        The people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas shall implement stricter emission standards for air pollutants from motor vehicles, unify the inspection methods and emission limits of motor vehicles in use, 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 key areas of national air pollution prevention and control shall be conducted in accordance with the law. Planning authorities shall consult with the people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government or relevant departments in key areas.
        In key areas, the relevant provinces, autonomous regions and municipalities directly under the Central Government shall timely inform relevant information and hold consultations on projects that may have a significant impact on the atmospheric environmental quality of neighboring provinces, autonomous regions and municipalities directly under the Central Government.
        The consultation opinions and their adoption shall serve as an important basis for the review or approval of environmental impact assessment documents.
       Article 90 Where coal projects are newly built, rebuilt or expanded in key areas of national air pollution prevention and control, coal shall be replaced by the same amount or reduced amount.
       Article 91 The competent department of ecological environment of the State Council shall organize the establishment of information sharing mechanisms for atmospheric environmental quality monitoring and air pollution source monitoring in key areas of national air pollution prevention and control, and analyze the sources and changing trends of air pollution in key areas by using new technologies such as monitoring, simulation, satellite, aerial survey and remote sensing, and make them public.
       Article 92 The competent department of ecological environment in the State Council and the people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in the key areas of national air pollution prevention and control may organize relevant departments to carry out joint law enforcement, cross-regional law enforcement and cross-border law enforcement.
Chapter VI Response to Heavy Pollution Weather
       Article 93 The state establishes a monitoring and early warning system for heavily polluted weather.
        The competent department of ecological environment of the State Council shall, jointly with the competent meteorological department of the State Council and other relevant departments, and the people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in the key areas of national air pollution prevention and control, establish a monitoring and early warning mechanism for heavy pollution weather in key areas, and unify the grading standards for early warning. Where regional heavy pollution weather may occur, it shall promptly notify the people’s governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas.
        The competent departments of ecological environment of the people’s governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall, jointly with the competent meteorological departments and other relevant departments, establish a monitoring and early warning mechanism for heavy polluted weather in their respective administrative areas.
       Article 94 The local people’s governments at or above the county level shall incorporate the heavy pollution weather response into the emergency management system.
        The people’s governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts, as well as the people’s governments at the county level where heavy pollution weather may occur, shall formulate emergency plans for heavy pollution weather, file them with the competent department of ecological environment of the people’s government at the next higher level, and announce them to the public.
       Article 95 The competent department of ecological environment of the people’s governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall establish a consultation mechanism with the competent meteorological departments to forecast the quality of atmospheric environment. If heavy pollution weather may occur, it shall report to the people’s government at the corresponding level in a timely manner. The people’s governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts make comprehensive judgments based on the forecast information of heavily polluted weather, determine the early warning level and issue early warning in time. The early warning level is adjusted in time according to the situation. No unit or individual may release the forecast and early warning information of heavy pollution weather to the society without authorization.
        After the early warning information is released, the people’s government and its relevant departments shall inform the public to take health protection measures, guide the public to travel and adjust other related social activities through television, radio, internet and short messages.
       Article 96 The local people’s governments at or above the county level shall, according to the warning level of heavily polluted weather, start the emergency plan in time. According to the emergency needs, they can take emergency measures such as ordering relevant enterprises to stop production or production, restricting the driving of some motor vehicles, prohibiting the discharge of fireworks and firecrackers, stopping earthwork and demolition of buildings on the construction site, stopping open-air barbecues, stopping outdoor activities organized by kindergartens and schools, and organizing weather modification operations.
        After the end of the emergency response, the people’s government shall timely carry out the evaluation of the implementation of the emergency plan, and timely revise and improve the emergency plan.
       Article 97 In the event of an environmental emergency that causes air pollution, the people’s government and its relevant departments and relevant enterprises and institutions shall do a good job in emergency handling in accordance with the provisions of the Emergency Response Law of People’s Republic of China (PRC) and the Environmental Protection Law of People’s Republic of China (PRC). The competent department of ecological environment shall timely monitor the atmospheric pollutants produced by sudden environmental incidents and publish the monitoring information to the society.
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 ecological environment and its environmental law enforcement agencies or other departments responsible for the supervision and management of atmospheric environmental protection by refusing to enter the site, or commits fraud when accepting the supervision and inspection, shall be ordered by the competent department of ecological environment of the people’s government at or above the county level or other departments responsible for the supervision and management of atmospheric environmental protection to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law.
       Article 99 In violation of the provisions of this law, anyone who commits any of the following acts shall be ordered by the competent department of ecological environment of the people’s government at or above the county level to correct or restrict production, stop production for rectification, and be fined not less than 100,000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be reported to the people’s government with the right of approval and ordered to suspend business or close down:
        (1) Discharging atmospheric pollutants without obtaining a pollutant discharge permit according to law;
        (2) Discharging atmospheric pollutants that exceed the emission standards of atmospheric pollutants or exceed the total emission control targets of key atmospheric pollutants;
        (3) Discharging atmospheric pollutants by evading supervision.
       Article 100 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the competent department of ecological environment of the people’s government at or above the county level to make corrections and be fined between 20,000 yuan and 200,000 yuan; Refuses to correct, shall be ordered to suspend production for rectification:
        (a) occupation, damage or unauthorized movement, change of atmospheric environmental quality monitoring facilities or automatic monitoring equipment for atmospheric pollutant discharge;
        (2) failing to monitor the discharged industrial waste gas and toxic and harmful atmospheric pollutants in accordance with the regulations and keeping the original monitoring records;
        (3) Failing to install and use automatic monitoring equipment for air pollutant discharge in accordance with the regulations or failing to connect with the monitoring equipment of the competent department of ecological environment in accordance with the regulations, and ensuring the normal operation of the monitoring equipment;
        (four) the key pollutant discharge units do not disclose or not disclose the automatic monitoring data truthfully;
        (five) failing to set up the air pollutant discharge port in accordance with the regulations.
       Article 101 Whoever, in violation of the provisions of this Law, produces, imports, sells or uses equipment and products prohibited in the catalogue of national comprehensive industrial policies, adopts technologies prohibited in the catalogue of national comprehensive industrial policies, or transfers obsolete equipment and products to others for use, shall be ordered by the competent department for comprehensive economic affairs of the people’s government at or above the county level and the customs to make corrections according to their duties, confiscate the illegal income, and impose a fine ranging from one time to three times the value of the goods; Those who refuse to make corrections shall be reported to the people’s government with the right of approval and ordered to suspend business or close down. If the import behavior constitutes smuggling, the customs shall punish it according to law.
       Article 102 In violation of the provisions of this law, if a coal mine fails to build supporting coal washing facilities in accordance with the provisions, the competent energy department of the people’s government at or above the county level shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; Those who refuse to make corrections shall be reported to the people’s government with the right of approval and ordered to suspend business or close down.
        Anyone who, in violation of the provisions of this Law, mines coal containing toxic and harmful substances such as radioactivity and arsenic that exceed the prescribed standards shall be ordered by the people’s government at or above the county level to suspend business or close down according to the authority prescribed by the State Council.
       Article 103 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the market supervision and administration department of the local people’s government at or above the county level to make corrections, confiscate raw materials, products and illegal income, and impose a fine of more than one time and less than three times the value of the goods:
        (1) selling coal and petroleum coke that do not meet the quality standards;
        (2) Producing and selling raw materials and products whose volatile organic compounds content does not meet the quality standards or requirements;
        (3) producing and selling fuels, engine oils, nitrogen oxide reductants, fuel and lubricating oil additives and other additives for motor vehicles, boats and off-road mobile machinery that do not meet the standards;
        (4) selling highly polluting fuels in the no-burn zone.
       Article 104 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the Customs to make corrections, confiscate raw materials, products and illegal income, and impose a fine of more than one time but less than three times the value of the goods; If it constitutes smuggling, it shall be punished by the customs 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 content does not meet the quality standards or requirements;
        (3) importing fuel, engine oil, nitrogen oxide reducing agent, fuel and lubricating oil additives and other additives for motor vehicles, boats and off-road mobile machinery that do not meet the standards.
       Article 105 In violation of the provisions of this law, units that burn coal or petroleum coke that do not meet the quality standards shall be ordered by the competent department of ecological environment of the people’s government at or above the county level to make corrections and be fined at least one time but not more than three times the value of the goods.
       Article 106 Whoever, in violation of the provisions of this Law, uses fuel oil for ships that does not meet the standards or requirements shall be fined between 10,000 yuan and 100,000 yuan by the maritime administrative agency and the fishery administrative department according to their duties.
       Article 107 Whoever, in violation of the provisions of this Law, builds or expands facilities burning highly polluting fuels in no-burn zones, or fails to stop burning highly polluting fuels in accordance with the provisions, or builds or expands decentralized coal-fired heating boilers in areas covered by urban central heating network, or fails to dismantle coal-fired heating boilers that have been built and fail to meet the discharge standards in accordance with the provisions, the competent department of ecological environment of the local people’s government at or above the county level shall confiscate the facilities burning highly polluting fuels, organize the dismantling of coal-fired heating boilers, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
        Whoever, in violation of the provisions of this Law, produces, imports, sells or uses boilers that do not meet the prescribed standards or requirements shall be ordered by the market supervision and management department and the competent department of ecological environment of the people’s government at or above the county level to make corrections, confiscate the illegal income and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
       Article 108 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the competent department of ecological environment of the people’s government at or above the county level to make corrections and be fined between 20,000 yuan and 200,000 yuan; Refuses to correct, shall be ordered to suspend production for rectification:
        (a) the production and service activities that produce waste gas containing volatile organic compounds are not carried out in confined spaces or equipment, pollution prevention facilities are not installed and used in accordance with regulations, or measures to reduce waste gas emissions are not taken;
        (2) The industrial painting enterprise has not used the paint with low volatile organic content or has not established and kept a ledger;
        (3) Petroleum, chemical and other enterprises that produce and use organic solvents fail to take measures for routine maintenance and repair of pipelines and equipment to reduce material leakage or fail to collect and treat the leaked materials in time;
        (4) failing to install and normally use oil and gas recovery devices in accordance with the relevant provisions of the state, such as oil storage and gas storage depots, refueling stations, oil tankers and gas tankers;
        (5) Enterprises such as iron and steel, building materials, nonferrous metals, petroleum, chemical industry, pharmacy, mineral exploitation, etc. fail to take measures such as centralized collection and treatment, sealing, enclosure, covering, cleaning and sprinkling water to control and reduce the discharge of dust and gaseous pollutants;
        (6) The combustible gas generated in industrial production, landfill or other activities has not been recycled, the conditions for recycling have not been met, pollution prevention and treatment has not been carried out, or the combustible gas recycling device cannot operate normally and has not been repaired or updated in time.
       Article 109 Whoever, in violation of the provisions of this Law, produces motor vehicles and off-road mobile machinery that exceed the pollutant discharge standards shall be ordered by the competent department of ecology and environment of the people’s government at or above the provincial level to make corrections, and the illegal income shall be confiscated, and a fine of more than one time but less than three times the value of the goods shall be imposed, and the motor vehicles and off-road mobile machinery that fail to meet the pollutant discharge standards shall be confiscated and destroyed; Refuses to correct, shall be ordered to stop production and rectification, and shall be ordered by the competent department of motor vehicle production in the State Council to stop production of this model.
        In violation of the provisions of this Law, if a motor vehicle or off-road mobile machinery production enterprise cheats on the engine and pollution control device, shoddy it and sells it as a product that has passed the emission inspection, the competent department of ecology and environment of the people’s government at or above the provincial level shall order it to stop production and rectify, confiscate the illegal income, impose a fine of more than one time but less than three times the value of the goods, confiscate and destroy the motor vehicle or off-road mobile machinery that cannot meet the pollutant emission standards, and order it to stop production of this model by the competent department of motor vehicle production in the State Council.
       Article 110 Anyone who, in violation of the provisions of this Law, imports or sells motor vehicles and off-road mobile machinery that exceed the pollutant discharge standards shall be confiscated by the market supervision and administration department of the people’s government at or above the county level and the customs in accordance with their duties, and shall be fined between one and three times the value of the goods, and the motor vehicles and off-road mobile machinery that fail to meet the pollutant discharge standards shall be confiscated and destroyed; If the import behavior constitutes smuggling, the customs shall punish it according to law.
        In violation of the provisions of this law, the seller shall be responsible for the repair, replacement and return of motor vehicles and off-road mobile machinery that do not meet the pollutant discharge standards; If losses are caused to the buyer, the seller shall compensate for the losses.
       Article 111 In violation of the provisions of this law, motor vehicle production and import enterprises fail to disclose the emission inspection information or pollution control technical information of their production and import motor vehicle models to the public in accordance with the provisions, and the competent department of ecology and environment of the people’s government at or above the provincial level shall order them to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
        In violation of the provisions of this law, motor vehicle production and import enterprises fail to publicize the relevant maintenance technical information of their production and import motor vehicle models to the public in accordance with the provisions, and the transportation department of the people’s government at or above the provincial level shall order them to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
       Article 112 Whoever, in violation of the provisions of this Law, forges the emission inspection results of motor vehicles and off-road mobile machinery or issues false emission inspection reports shall be confiscated by the competent department of ecological environment of the people’s government at or above the county level, and shall be fined not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, the inspection qualification shall be cancelled by the department responsible for qualification identification.
        Whoever, in violation of the provisions of this Law, forges the results of ship emission inspection or issues false emission inspection reports shall be punished by the maritime administrative agency according to law.
        Anyone who, in violation of the provisions of this Law, passes the vehicle emission inspection or destroys the vehicle-mounted emission diagnosis system by temporarily replacing the vehicle pollution control device, etc., shall be ordered by the competent department of ecological environment of the people’s government at or above the county level to make corrections, and the owner of the vehicle shall be fined 5,000 yuan; The motor vehicle maintenance unit shall be fined 5,000 yuan per motor vehicle.
       Article 113 In violation of the provisions of this law, if a motor vehicle driver drives a motor vehicle that fails to pass the emission inspection on the road, the traffic management department of the public security organ shall punish him according to law.
       Article 114 Anyone who, in violation of the provisions of this Law, uses non-road mobile machinery with unqualified emissions, or fails to install or replace pollution control devices in heavy-duty diesel vehicles and non-road mobile machinery in use, shall be ordered by the competent department of ecology and environment of the people’s government at or above the county level to make corrections according to their duties and be fined 5,000 yuan.
        In violation of the provisions of this law, the use of high-emission non-road mobile machinery in areas where the use of high-emission non-road mobile machinery is prohibited shall be punished by the competent departments of ecological environment of the people’s government of the city according to law.
       Article 115 In violation of the provisions of this law, if the construction unit commits any of the following acts, the competent department of housing and urban-rural construction of the people’s government at or above the county level shall, in accordance with its duties, order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; Refuses to correct, shall be ordered to stop rectification:
        (a) the construction site is not equipped with a hard enclosure, or fails to take effective dust control and dust reduction measures such as covering, subsection operation, timely construction, sprinkling water to suppress dust, washing the ground and vehicles;
        (two) the construction earthwork, engineering muck, construction waste is not removed in time, or not covered by closed dustproof net.
        In violation of the provisions of this law, if the construction unit fails to cover the exposed ground of the construction land that cannot be started temporarily, or fails to green, pave or cover the exposed ground of the construction land that cannot be started for more than three months, the competent departments of housing and urban and rural construction of the people’s government at or above the county level shall punish it in accordance with the provisions of the preceding paragraph.
       Article 116 In violation of the provisions of this Law, vehicles transporting bulk and fluid materials such as coal, garbage, muck, sand and gravel, earthwork, mortar, etc. fail to take sealing or other measures to prevent the materials from being scattered, and the supervision and administration department determined by the local people’s government at or above the county level shall order it to make corrections and impose a fine of more than 2,000 yuan and less than 20,000 yuan; Refuses to correct, vehicles are not allowed to drive on the road.
       Article 117 In violation of the provisions of this law, anyone who commits any of the following acts shall be ordered by the competent department of ecology and environment of the people’s government at or above the county level to make corrections in accordance with his duties and be fined not less than 10,000 yuan but not more than 100,000 yuan; Refuses to correct, shall be ordered to stop rectification or suspend business for rectification:
        (a) coal, coal gangue, cinder, coal ash, cement, lime, gypsum, sand and other materials that are easy to produce dust are not sealed;
        (two) for the materials that can not be sealed and are easy to produce dust, there is no strict enclosure not lower than the height of the stack, or no effective covering measures are taken to prevent and control dust pollution;
        (three) loading and unloading materials are not closed or sprayed to control dust emission;
        (four) storage of coal, coal gangue, coal cinder, coal ash and other materials, without taking fire prevention measures;
        (five) docks, mines, landfills and disposal sites have not taken effective measures to prevent and control dust pollution;
        (6) Enterprises and institutions that discharge toxic and harmful air pollutants listed in the Catalogue of Toxic and Harmful Air Pollutants fail to build an environmental risk early warning system or regularly monitor the discharge outlets and the surrounding environment, investigate potential environmental safety hazards and take effective measures to prevent environmental risks;
        (7) Enterprises, institutions, other producers and operators who discharge persistent organic pollutants into the atmosphere and the operating units of waste incineration facilities fail to adopt technical methods and processes conducive to reducing the emission of persistent organic pollutants and equip them with purification devices in accordance with relevant state regulations;
        (eight) no measures have been taken to prevent the emission of malodorous gases.
       Article 118 In violation of the provisions of this Law, catering service operators who discharge lampblack have not installed lampblack purification facilities, used lampblack purification facilities abnormally or adopted other lampblack purification measures, and discharged lampblack beyond the emission standard, the supervision and administration department determined by the local people’s government at or above the county level shall order them to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; Refuses to correct, shall be ordered to suspend business for rectification.
        In violation of the provisions of this Law, the supervision and administration department determined by the local people’s government at or above the county level shall order the newly-built, rebuilt or expanded catering service projects that produce oil fume, odor and waste gas in residential buildings, commercial and residential buildings without supporting special flues, and commercial floors adjacent to residential floors in commercial and residential buildings; Refuses to correct, be closed, and impose a fine of not less than ten thousand yuan but not more than one hundred thousand yuan.
        Anyone who, in violation of the provisions of this Law, barbecues food in the open air or provides a venue for barbecued food in a time period and area prohibited by the local people’s government shall be ordered by the supervision and administration department determined by the local people’s government at or above the county level to make corrections, and his barbecue tools and illegal income shall be confiscated, and he shall also be fined not less than 500 yuan but not more than 20,000 yuan.
       Article 119 Anyone who, in violation of the provisions of this Law, sprays highly toxic pesticides on trees, flowers and plants in densely populated areas, or burns straw, fallen leaves and other substances that produce smoke and dust pollution in the open air shall be ordered by the supervision and administration department determined by the local people’s government at or above the county level to make corrections, and may be fined from 500 yuan to 2,000 yuan.
        Whoever, in violation of the provisions of this Law, burns asphalt, linoleum, rubber, plastics, leather, garbage and other substances that produce toxic and harmful smoke and malodorous gases in densely populated areas and other areas that need special protection according to law shall be ordered by the supervision and administration department determined by the people’s government at the county level to make corrections, and the unit shall be fined from 10,000 yuan to 100,000 yuan, and the individual shall be fined from 500 yuan to 2,000 yuan.
        Anyone who, in violation of the provisions of this law, sets off fireworks and firecrackers in time periods and areas prohibited by the people’s government of a city shall be punished by the supervision and administration department determined by the local people’s government at or above the county level according to law.
       Article 120 Anyone who, in violation of the provisions of this Law, engages in service activities such as clothing dry cleaning and motor vehicle maintenance, fails to install pollution prevention facilities such as odor and waste gas treatment devices and keeps them in normal use, thus affecting the surrounding environment, shall be ordered by the competent department of ecological environment of the local people’s government at or above the county level to make corrections and be fined between 2,000 yuan and 20,000 yuan; Refuses to correct, shall be ordered to suspend business for rectification.
       Article 121 Anyone who, in violation of the provisions of this law, releases forecast and early warning information of heavily polluted weather to the society without authorization, which constitutes a violation of public security management, shall be punished by the public security organ according to law.
        Whoever, in violation of the provisions of this Law, refuses to implement emergency measures for heavy polluted weather such as stopping earth and stone work on the construction site or demolishing buildings shall be fined at least 10,000 yuan but not more than 100,000 yuan by the supervision and administration department determined by the local people’s government at or above the county level.
       Article 122 Those who violate the provisions of this law and cause air pollution accidents shall be fined by the competent department of ecological environment of the people’s government at or above the county level in accordance with the provisions of the second paragraph of this article; The directly responsible person in charge and other directly responsible personnel may be fined less than 50% of the income obtained from this enterprise or institution in the previous year.
        For those who cause general or large air pollution accidents, a fine shall be calculated according to the direct loss caused by the pollution accident, which is more than one time but less than three times; If a major or extraordinarily serious air pollution accident is caused, a fine shall be calculated according to the direct loss caused by the pollution accident of more than three times and less than five times.
       Article 123 In violation of the provisions of this law, enterprises, institutions and other producers and operators who commit any of the following acts are fined, ordered to make corrections, and refuse to make corrections, the administrative organ that has made the punishment decision according to law may impose continuous penalties on a daily basis according to the original amount of punishment from the day following the day when it is ordered to make corrections:
        (1) Discharging atmospheric pollutants without obtaining a pollutant discharge permit according to law;
        (2) Discharging atmospheric pollutants that exceed the emission standards of atmospheric pollutants or exceed the total emission control targets of key atmospheric pollutants;
        (3) Discharging atmospheric pollutants by evading supervision;
        (4) failing to take effective measures to prevent and control dust pollution during construction or storage of materials that are prone to dust.
       Article 124 Anyone who, in violation of the provisions of this law, retaliates against an informer by dissolving or modifying the labor contract or by other means shall be liable in accordance with the provisions of relevant laws.
       Article 125 If the discharge of air pollutants causes damage, it shall bear tort liability according to law.
       Article 126 Local people’s governments at all levels, the competent departments of ecological environment of the people’s governments at or above the county level and other departments responsible for the supervision and management of atmospheric environmental protection and their staff who abuse their powers, neglect their duties, engage in malpractices for selfish ends and practise fraud shall be punished according to law.
       Article 127 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VIII Supplementary Provisions
       Article 128 The prevention and control of air pollution in marine engineering shall be implemented in accordance with the relevant provisions of the Marine Environmental Protection Law of the People’s Republic of China.
       Article 129 This law shall come into force as of January 1, 2016.