Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution (Revised in 2000)

Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution (Revised in 2000)

Order of the President of the People's Republic of China No.32

April 29, 2000

The Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, which was revised and adopted at the 15th session of the Standing Committee of the ninth National People's Congress on April 29, 2000, is hereby promulgated and shall take effect as of September 1, 2000.

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

Contents
Chapter I General Provisions
Chapter II Supervision and Administration of the Prevention and Control of Atmospheric Pollution
Chapter III Prevention and Control of Atmospheric Pollution by the Burning of Coal
Chapter IV Prevention and Control of Pollutants Discharged by Motor Vehicles and Vessels
Chapter V Prevention and Control of Pollution by Waste Gas, Dust and Malodorous Gases
Chapter VI Legal Liability
Chapter VII Supplementary Provision

Chapter I General Provisions

Article 1 The Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution (Revised in 2000) (hereinafter referred to as "this Law") is formulated for the purpose of preventing and controlling atmospheric pollution, protecting and improving people's environment and the ecological environment, safeguarding human health, and promoting the sustainable development of the economy and society.

Article 2 The State Council and the local people's governments at various levels shall incorporate the protection of the atmospheric environment into the national economic and social development plans, make rational plans for the geographical distribution of industry, improve scientific research in the prevention and control of atmospheric pollution and adopt measures to prevent and control atmospheric pollution, in order to protect and improve the atmospheric environment.

Article 3 The State takes measures to control or gradually reduce, in a planned way, the total amount of the major atmospheric pollutants discharged in different areas.
The local people's governments at various levels shall be responsible for the quality of the atmospheric environment within the areas under their jurisdiction, making plans and taking measures to ensure that the quality of the atmospheric environment within the said areas meet the standards.

Article 4 The administrative departments for environmental protection under the people's governments at or above the county level shall exercise unified supervision and administration of the prevention and control of atmospheric pollution.
The administrative departments for public security, transportation, railways and fishery at various levels shall perform their respective functions in conducting supervision and administration of atmospheric pollution caused by motor vehicles and vessels.
Other relevant competent departments under the people's governments at or above the county level shall, within the limits of their respective functions conduct supervision and administration of the prevention and control of atmospheric pollution.

Article 5 All units and individuals have the obligation to protect the atmospheric environment and have the right to inform or lodge charges against units or individuals that cause pollution to the atmospheric environment.

Article 6 The administrative department for environmental protection under the State Council shall establish the national standards for atmospheric environment quality. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local standards for items not specified in the national standards for atmospheric environment quality and report the same to the administrative department for environmental protection under the State Council for the record.

Article 7 The administrative department for environmental protection under the State Council shall, based on the national standards for atmospheric environment quality and the economic and technological conditions of the State, establish the national norms for the discharge of atmospheric pollutants.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local discharge norms for items not specified in the national norms for the discharge of atmospheric pollutants; with regard to items already specified in the national norms for the discharge of atmospheric pollutants, they may set local discharge norms which are more stringent than the national norms and report the same to the administrative department for environmental protection under the State Council for the record.
Where the local norms for the discharge of atmospheric pollutants by motor vehicles and vessels established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are more stringent than the national norms, they shall be subject to approval by the State Council.
Units that discharge atmospheric pollutants in areas where local discharge norms have been established shall do so in conformity with such norms.

Article 8 The State adopts economic and technological policies and measures to facilitate the prevention and control of atmospheric pollution and the relevant multi-purpose utilization.
Units or individuals that have made outstanding achievements in the prevention and control of atmospheric pollution or in the protection and improvement of the atmospheric environment shall be rewarded by the people's governments at various levels.

Article 9 The State encourages and supports scientific and technological research in the prevention and control of atmospheric pollution, promotes the wide use of advanced and applicable technologies for such prevention and control; encourages and supports the development and utilization of clean energy like the solar energy, wind energy and water energy.
The State encourages and supports the development of the environmental protection industries.

Article 10 The people's governments at various levels shall redouble their efforts in afforestation, grass planting, urban and rural greening, and take effective measures that are suited to local conditions to prevent and control desertification so as to improve the atmospheric environment.

Chapter II Supervision and Administration of the Prevention and Control of Atmospheric Pollution

Article 11 Projects which discharge atmospheric pollutants shall be built, expanded or rebuilt in compliance with the state regulations on environmental protection in respect of such projects.
In the statement regarding the environmental impact of a construction project, the atmospheric pollution the project is likely to produce and its impact on the ecological environment shall be assessed and measures for its prevention and control be specified; and the statement shall, in accordance with the specified procedures, be submitted to the administrative department for environmental protection for examination and approval.
Before a construction project is put into operation or to use, its facilities for the prevention and control of atmospheric pollution shall be subject to inspection and acceptance by the administrative department for environmental protection; no construction project that fails to meet the requirements specified in the state regulations on environmental protection in respect of such projects shall be permitted to be put into operation or to use.

Article 12 Units that discharge atmospheric pollutants shall, pursuant to the provisions laid down by the administrative department for environmental protection under the State Council, report to the local administrative departments for environmental protection the facilities installed for discharging and treating pollutants and the categories, quantities and density of the pollutants discharged under regular operation conditions and submit to the same department the relevant technical data concerning the prevention and control of atmospheric pollution.
The units that discharge pollutants, as mentioned in the preceding paragraph, shall, without delay, report on any substantial change in the categories, quantities or density of the atmospheric pollutants discharged. They shall keep their facilities for treating atmospheric pollutants in regular operation; where the said facilities are to be dismantled or left idle, the matter shall be reported to the local administrative department for environmental protection under the people's government at or above the county level for approval in advance.

Article 13 No units may discharge atmospheric pollutants in excess of the density specified by the State or by local authorities.

Article 14 The State institutes a system under which fees are charged for discharge of atmospheric pollutants based on the categories and quantities of the pollutants discharged and establishes reasonable rates for such fees according to the requirements for improved prevention and control of atmospheric pollution and the economic and technological conditions of the State.
The rates fixed by the State shall be applied in collecting the fees for discharge of pollutants, and specific measures and the procedures for their implementation shall be prescribed by the State Council.
All the fees collected for discharge of pollutants shall be turned over to the Treasury and shall be used for the prevention and control of atmospheric pollution as prescribed by the State Council and may not be used for other purposes.
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