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Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution (1987-1995 Annotation Version)

CHAPTER I GENERAL PROVISIONS

Article 1 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 development of socialist modernization.

Article 2 The State Council and the local people's governments at various levels must incorporate the protection of the atmospheric environment into the national economic and social development plans, make rational plans for the distribution of industry, strengthen scientific research on the prevention and control of atmospheric pollution, adopt preventive and curative measures against atmospheric pollution, and protect and improve the atmospheric environment.

Article 3 The environmental protection departments of the people's governments at various levels shall be the organs conducting unified supervision and management of the prevention and control of atmospheric pollution.
The administrative departments of public security, transportation, railways and fishery at various levels shall, by performing their respective functions, conduct supervision and management of the atmospheric pollution caused by motorized vehicles and vessels.

Article 4 Units that discharge atmospheric pollutants must comply with the relevant state provisions and take measures to prevent and control pollution.

Article 5 All units and individuals shall have the obligation to protect the atmospheric environment and shall have the right to report on or file charges against units or individuals that cause pollution to the atmospheric environment.

Article 6 The environmental protection department 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 environmental protection department under the State Council for the record.

Article 7 The environmental protection department under the State Council shall, in accordance with the national standards for atmospheric environment quality and the country's economic and technological conditions, establish the national standards 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 standards for items not specified in the national standards for the discharge of atmospheric pollutants; with regard to items already specified in the national standards for the discharge of atmospheric pollutants, they may set local discharge standards which are more stringent than the national discharge standards and report the same to the environmental protection department under the State Council for the record.
Units that discharge atmospheric pollutants in areas where the local discharge standards have been established shall observe such local standards.

Article 8 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.

[Note:One paragraph is added to Article 8 as Paragraph 1: "The State adopts economic and technological policies and measures to facilitate the prevention and control of atmospheric pollution and comprehensive utilization."
One article is added as Article 9: "The people's governments at various levels shall redouble their efforts in afforestation and urban greening to improve the atmospheric environment."]

CHAPTER II SUPERVISION AND MANAGEMENT OF THE PREVENTION AND CONTROL OF ATMOSPHERIC POLLUTION

Article 9 New construction projects, extensions or reconstruction projects which discharge atmospheric pollutants shall be governed by the state provisions concerning environmental protection for such projects.
The environmental impact statement on a construction project must assess the atmospheric pollution the project is likely to produce and its impact on the ecosystem and stipulate the preventive and curative measures; the statement shall be submitted, according to the specified procedure, to the environmental protection department concerned for examination and approval.
When a construction project is to be put into operation or to use, its facilities for the prevention of atmospheric pollution must be inspected by the environmental protection department; construction projects that do not fulfil the requirements specified in the state provisions concerning environmental protection for such construction projects shall not be permitted to be put into operation or to use.

Article 10 Units that discharge atmospheric pollutants must, pursuant to the provisions of the environmental protection department under the State Council, report to the local environmental protection department its existing discharge and treatment facilities for pollutants and the categories, quantities and concentrations of pollutants discharged under normal operation conditions and submit to the same department the relevant technical data concerning the prevention and control of atmospheric pollution.
Units shall report in time on any substantial change in the categories, quantities or concentrations of the pollutants discharged. When pollutant treatment facilities are to be dismantled or left idle, permission from the local environmental protection department must be obtained.

Article 11 If the discharge of pollutants by a unit exceeds the prescribed standards, it shall take effective measures to control the pollution and pay a fee for excessive discharge according to state provisions. The fee thus levied must be used for the prevention and control of pollution.
If an enterprise or institution causes severe atmospheric pollution, it shall be ordered to eliminate and control the pollution within a certain period of time.

Article 12 Within the scenic or historic sites, nature reserves and other zones that need special protection, as designated by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, no industrial production installations that cause environmental pollution shall be built; other installations to be built in these areas must not exceed the prescribed standards for pollutant discharge. Enterprises and institutions which, before the enforcement of this Law, have built installations discharging more pollutants than are specified by the prescribed discharge standards shall be ordered to eliminate and control such pollution within a certain period of time.

Article 13 For enterprises or institutions under the jurisdiction of a people's government at or below the city or county level, a deadline for the elimination or control of pollution shall be proposed by the environmental protection department of the people's government at the city or county level and shall be reported to the people's government at the corresponding level for decision. For enterprises and institutions directly under the jurisdiction of the Central Government or the people's government of a province, an autonomous region or a municipality directly under the Central Government, such a deadline shall be proposed by the environmental protection department of the people's government of a province, an autonomous region or a municipality directly under the Central Government and shall be reported to the people's government at the corresponding level for decision.

Article 14 Any unit that, as a result of an accident or any other exigency, discharges or leaks toxic or harmful gas or radioactive substances, thereby causing or threatening to cause an accident of atmospheric pollution and jeopardize human health, must promptly take emergency measures to prevent and control the atmospheric pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by the atmospheric pollution hazards, report the case to the local environmental protection department and accept its investigation and disposal.
Under the urgent circumstances of a severe atmospheric pollution that jeopardizes human health and safety, the local people's government must take compulsory emergency measures, including ordering the pollutant discharging units concerned to stop the discharge of pollutants.

[Note:One article is added as Article 15: "Enterprises shall give priority to the adoption of clean production techniques that are instrumental to high-efficient use of energy and reduced discharge of pollutants so as to decrease the generation of atmospheric pollutants.
"The State practises an elimination system for the backward production techniques and backward equipment which seriously pollutes the atmospheric environment.
"The competent department for comprehensive economic and trade affairs under the State Council shall, in conjunction with other relevant departments under the State Council, publish a catalog of the techniques which seriously pollute the atmospheric environment and the use of which shall be prohibited within a time limit, and a catalog of the equipment which seriously pollutes the atmospheric environment and the production, sale, importation and use of which shall be prohibited within a time limit.
"Producers, sellers, importers or users shall, within the time limit prescribed by the competent department for comprehensive economic and trade affairs under the State Council in conjunction with the relevant departments under the State Council, stop the production, sale, importation or use of the equipment listed in the catalog specified in the preceding paragraph. People who use the production techniques listed in the catalog specified in the preceding paragraph shall, within the time limit prescribed by the competent department for comprehensive economic affairs under the State Council in conjunction with the relevant departments under the State Council, stop using such techniques.
"The equipment eliminated in accordance with the provisions of the preceding two paragraphs may not be transferred to another for use."]

Article 15 The environmental protection departments and other supervisory and management departments shall be empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being inspected must truthfully report the situation to them and provide them with the necessary information. The inspecting authorities shall have the obligation to keep confidential the technological know-how and business secrets of the units inspected.

Article 16 The environmental protection department under the State Council shall set up a monitoring system for atmospheric pollution, organize a monitoring network and work out unified monitoring measures.

CHAPTER III PREVENTION AND CONTROL OF SOOT POLLUTION

[Note:The title of Chapter III is revised as follows: "Prevention and Control of Atmospheric Pollution by the Burning of Coal".]

Article 17 The competent department concerned under the State Council shall, pursuant to the standards for boiler soot discharge prescribed by the state, stipulate corresponding requirements in the boiler quality standards; boilers that do not meet the prescribed requirements shall not be permitted to be manufactured, sold or imported.

Article 18 The soot discharge of newly-built industrial kilns and newly-installed boilers shall not exceed the prescribed discharge standards.

Article 19 Urban construction shall be conducted on the basis of over-all planning, the unified provision of heat sources and the development of central heating.

Article 20 The relevant departments under the State Council and the local people's governments at various levels shall adopt measures to improve the urban fuel structure, develop urban gas supply, and popularize the production and utilization of shaped coal.

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