Law of the People's Republic of China on the prevention and control of air pollution (amended in 201

Chapter 1 general provisions

Article 1 with a

This law is formulated for the purpose of protecting and improving the environment, preventing and controlling air pollution, safeguarding public health, promoting ecological progress and promoting sustainable economic and social development.

Article 2:

To prevent and control air pollution, we should take improving the quality of the atmospheric environment as the goal, keep to the source control, give priority to planning, change the pattern of economic development, optimize the industrial structure and distribution, and adjust the energy structure. To prevent and control air pollution, we should strengthen comprehensive prevention and control of air pollution caused by coal burning, industry, motor vehicles, ships, dust, agriculture, etc., carry out joint prevention and control of air pollution in different regions, and carry out coordinated control of air pollutants such as particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, ammonia and greenhouse gases.

Article 3 the

The people's governments at or above the county level shall incorporate the prevention and control of air pollution into their plans for national economic and social development and increase their financial input in the prevention and control of air pollution. Local people's governments at various levels shall be responsible for the quality of the atmospheric environment in their respective administrative areas, formulate plans, take measures to control or gradually reduce the discharge of atmospheric pollutants, so as to bring the atmospheric environment quality up to the prescribed standards and gradually improve it.

Article 4.

The competent department for ecological and environmental protection under the state council shall, in conjunction with the relevant departments under the state council, assess, in accordance with the provisions of the state council, the objectives of improving the quality of the atmospheric environment of provinces, autonomous regions and municipalities directly under the central government and the accomplishment of key tasks for the prevention and control of atmospheric pollution. The people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate assessment measures and carry out assessment on the local air environment quality improvement goals and the completion of key air pollution prevention and control tasks within their respective administrative areas. The assessment results shall be made public to the public.

Article 5.

The competent ecological and environmental departments of the people's governments at or above the county level shall exercise unified supervision and administration over the prevention and control of air pollution. Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, exercise supervision and administration over the prevention and control of air pollution.

Article 6.

The state encourages and supports scientific and technological research on the prevention and control of air pollution, conducts analysis of the sources of air pollution and their changing trends, popularizes advanced and applicable technologies and equipment for the prevention and control of air pollution, 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 business operators shall take effective measures to prevent and reduce air pollution and bear responsibility 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 to protect the atmospheric environment.

Chapter 2 standards for the prevention and control of air pollution and plans for meeting the standards within a time limit

Article 8.

The competent department for ecological and environmental protection under the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate standards for the quality of the atmospheric environment with the purpose of ensuring public health and protecting the ecological environment, so as to adapt to economic and social development and make them scientific and reasonable.

Article 9.

Where the competent department for ecological and environmental protection under the state council or the people's governments of provinces, autonomous regions or municipalities directly under the central government formulate standards for the discharge of atmospheric pollutants, such standards shall be based on the standards for the quality of the atmospheric environment and the state's economic and technological conditions.

Article 10.

In formulating standards for the quality of the atmospheric environment and for the discharge of atmospheric pollutants, experts shall be organized to conduct examination and argumentation, and opinions from relevant departments, trade associations, enterprises, institutions and the public shall be solicited.

Article 11.

The competent ecological and environmental departments of the people's governments at or above the provincial level shall publish the standards for the quality of the atmospheric environment and the standards for the discharge of atmospheric pollutants on their websites for the public to consult and download free of charge.

Article 12.

The implementation of the standards for the quality of the atmospheric environment and for the discharge of atmospheric pollutants shall be assessed on a regular basis, and the standards shall be amended in due course on the basis of the assessment results.

Article 13.

In formulating quality standards for products containing volatile organic compounds such as coal, petroleum coke, biomass fuels, coatings, fireworks and boilers, the requirements for atmospheric environmental protection shall be clearly defined. The formulation of fuel quality standards shall comply with the national requirements for the control of air pollutants, and shall be synchronized with the national standards for the discharge of air pollutants by motor vehicles, ships and non-road moving machinery. The term "non-road mobile machinery" as mentioned in the preceding paragraph refers to mobile machinery equipped with engines and transportable industrial equipment.

Article 14.

The people's governments of cities that fail to meet the national standards for atmospheric environment quality shall promptly formulate plans for meeting the standards within a time limit for atmospheric environment quality, and take measures to meet the standards within the time limit set by the state council or the people's governments at the provincial level. In drawing up plans for meeting the standards of urban atmospheric environment quality within a time limit, opinions of relevant trade associations, enterprises and institutions, experts and the public shall be solicited.

Article 15.

Plans for the quality of urban atmospheric environment to meet the standards within a time limit shall be made public to the public. Plans for meeting the standards of atmospheric environment quality within a time limit for municipalities directly under the central government and cities divided into districts shall be submitted to the competent department of ecological environment under the state council for the record.

Article 16.

The people's government of a city shall, when reporting to the people's congress or its standing committee each year on the state of the environment and the accomplishment of the environmental protection objectives, report on the implementation of the plan for meeting the standards for atmospheric environment quality within a time limit and make it public.

Article 17.

The plan for meeting the standards within a time limit for urban atmospheric environment quality shall be evaluated and revised in accordance with the requirements for the prevention and control of air pollution and the economic and technological conditions.

Chapter iii supervision and administration of prevention and control of air pollution

Article 18.

Enterprises, institutions and other producers and business operators shall carry out environmental impact assessments and make public environmental impact assessment documents in accordance with the law when constructing projects that have an impact on the atmospheric environment. Those who discharge pollutants into the atmosphere shall comply with the standards for the discharge of atmospheric pollutants and the total emission control requirements for key atmospheric pollutants.

Article 19.

Enterprises and institutions that discharge industrial waste gases or toxic and harmful atmospheric pollutants listed in the catalogues as stipulated in article 78 of this law, the production and operation units of coal-fired heat sources for central heating installations and other units that exercise the management of pollutant discharge permits in accordance with the law shall obtain permits for pollutant discharge. The specific measures and implementation steps for pollutant discharge permits shall be prescribed by the state council.

Article 20.

Where enterprises, institutions and other producers and business operators discharge pollutants into the atmosphere, they shall set up outlets for the discharge of atmospheric pollutants in accordance with laws and regulations and the provisions of the competent department of ecological environment under the state council. It is prohibited to discharge atmospheric pollutants by means of evading supervision, such as stealing emissions, tampering with or falsifying monitoring data, temporarily stopping production for the purpose of evading on-site inspection, opening emergency discharge channels in non-emergency situations, or improperly operating air pollution prevention and control facilities.

Article 21

The state exercises a total control over the discharge of key air pollutants. After soliciting the opinions of the relevant departments under the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government, the competent department for ecological and environmental protection under the state council shall, in conjunction with the competent department for comprehensive economic affairs under the state council, submit to the state council for approval and assign for implementation the total emission control targets for key air pollutants. The people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the total volume control target set by the state council, control or reduce the total volume of major air pollutants discharged by their respective administrative areas. The specific measures for determining the total control objectives and decomposing the total control indicators shall be formulated by the competent department of ecological environment under the state council in conjunction with the relevant departments under the state council. The people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the needs of the prevention and control of air pollution in their respective administrative areas, exercise total control over the discharge of air pollutants other than those specified in the state. The state has gradually implemented the trading of emission rights for key air pollutants.

Article 22

For more than the national key atmospheric pollutant total amount control target or unfinished state of atmospheric environment quality improvement target area, ecological environment by the competent department of the people's government at or above the provincial level shall, in conjunction with the relevant departments for questioning the major persons-in-charge of the people's government of the region, and suspend the examination and approval to the region of new key atmospheric pollutant total amount of the construction project environmental impact assessment documents. The interview should be made public.

Article 23

The competent department for ecological and environmental protection under the state council shall be responsible for formulating standards for the monitoring and evaluation of atmospheric environment quality and atmospheric pollution sources, organizing the construction and administration of a national monitoring network for atmospheric environment quality and atmospheric pollution sources, organizing the monitoring of atmospheric environment quality and atmospheric pollution sources, and uniformly releasing information on the state of atmospheric environment quality nationwide. The competent ecological and environmental departments of the local people's governments at or above the county level shall be responsible for organizing the construction and management of monitoring networks for atmospheric environment quality and atmospheric pollution sources in their respective administrative areas, carrying out monitoring of atmospheric environment quality and atmospheric pollution sources, and uniformly releasing information on the quality of atmospheric environment in their respective administrative areas.

Article 24

Enterprises, public institutions and other producers and business operators shall, in accordance with the relevant provisions of the state and monitoring standards, monitor the industrial waste gas discharged by them and the toxic and harmful atmospheric pollutants listed in the catalogues prescribed in article 78 of this law, and keep original monitoring records. Among them, key pollutant discharging units shall install and use automatic monitoring equipment for the discharge of atmospheric pollutants, connect with the monitoring equipment of the competent ecological and environmental authorities, ensure the normal operation of the monitoring equipment and disclose the discharge information according to law. The specific measures for monitoring and the conditions for key pollutant discharging units shall be prescribed by the competent department for ecological and environmental protection under the state council. List of key units by the local people's government at or above the level of district-constituted municipalities ecological environment departments in accordance with the provisions of the ecological environment administrative department under the state council in accordance with the administrative area of atmosphere environment bearing capacity, focus on the requirements of atmospheric pollutant total amount control target discharge atmospheric pollutants and pollutant discharging unit types, quantity and concentration, with relevant departments, and publish to the society.

Article 25

Key pollutant discharging units shall be responsible for the authenticity and accuracy of the automatic monitoring data. The competent department for ecological and environmental protection shall promptly investigate the abnormal data transmitted by the automatic monitoring equipment for the discharge of atmospheric pollutants in key pollutant discharging units.

Article 26

It is prohibited to seize, damage, destroy, or move or change without authorization atmospheric environment quality monitoring facilities and automatic monitoring equipment for the discharge of atmospheric pollutants.

Article 27

The state shall implement an elimination system for processes, equipment and products that seriously pollute the atmospheric environment. The competent department in charge of comprehensive economic affairs under the state council shall, in conjunction with the relevant departments under the state council, determine the time limit for the elimination of processes, equipment and products that seriously pollute the atmospheric environment, and include them in the catalogue of national comprehensive industrial policies. The producers, importers, sellers or users shall, within the prescribed time limit, stop producing, importing, selling or using the equipment and products listed in the catalogue mentioned in the preceding paragraph. The adopter of a process shall, within a specified period of time, stop using the process listed in the catalogue mentioned in the preceding paragraph. Obsolete equipment and products shall not be transferred to others for use.

Article 28

The competent department for ecological and environmental protection under the state council shall, in conjunction with other relevant departments, establish and improve an assessment system for air pollution damage.

Article 29

The competent ecological and environmental departments, their environmental law enforcement agencies and other departments responsible for the supervision and administration of atmospheric environmental protection shall 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 person shall truthfully report the situation and provide the necessary data. The departments, organs and their staff that carry out the inspection shall keep the trade secrets of the persons inspected.

Article 30.

Enterprises, institutions and other production operators discharge atmospheric pollutants in violation of the provisions of laws and regulations, cause or may cause serious air pollution, or the relevant evidence may be lost or hidden, the ecological environment by the competent department of the people's governments at or above the county level and other departments responsible for the supervision and management of atmospheric environment protection, related facilities, equipment and articles can be compulsory administrative measures to seal up, distrain, etc.

Article 31

The competent departments for ecological and environmental protection and other departments responsible for the supervision and administration of atmospheric environmental protection shall publish the telephone Numbers and E-mail addresses for reporting information to facilitate public reporting. The competent department of ecological environment and other departments responsible for the supervision and administration of atmospheric environmental protection shall, upon receipt of the report, promptly handle it and keep confidential the relevant information of the informant; If the case is verified, the handling result shall be disclosed to the public according to law and the informant shall be rewarded. If the informant reports the unit to which he belongs, the unit shall not rescind or alter the labor contract or retaliate against the informant in any other way.

Chapter iv measures for the prevention and control of air pollution

Article 32

The relevant departments under the state council and the local people's governments at various levels shall take measures to adjust the energy structure and promote the production and use of clean energy. We will improve the way coal is used, promote its clean and efficient use, gradually reduce the proportion of coal in primary energy consumption, and reduce emissions of atmospheric pollutants in the process of coal production, use, and conversion.

Article 33

The state promotes coal washing and processing, reduces the sulfur and ash content of coal, and restricts the mining of coal with high sulfur and ash content. New coal mines shall simultaneously construct supporting facilities for coal washing and sorting so as to bring the sulfur and ash content of the coal up to the prescribed standards. In a coal mine that has been built, unless the coal mined is of low sulfur or ash or does not need washing and sorting according to the requirements of coal-fired power plants that have reached the emission standards, supporting facilities for washing and sorting coal shall be built within a time limit. Mining of coal containing toxic and harmful substances such as radioactivity and arsenic that exceed the prescribed standards shall be prohibited.

Article 34

The state shall adopt economic and technological policies and measures conducive to the clean and efficient utilization of coal, and encourage and support the development and popularization of clean coal technologies. The state encourages coal mining enterprises to adopt reasonable and feasible technical measures to mine and utilize coalbed methane and gangue. For those engaged in the exploitation and utilization of coalbed methane, the discharge of coalbed methane shall conform to the relevant standards and regulations.

Article 35

The state prohibits the import, sale and burning of coal that does not meet quality standards and encourages the burning of high-quality coal. When storing coal, coal gangue, coal cinder, coal ash and other materials, the unit shall adopt measures for fire prevention to prevent air pollution.

Article 36

The local people's governments at various levels shall take measures to strengthen the management of civilian bulk coal, prohibit the sale of coal that does not meet the quality standards for civilian bulk coal, encourage residents to burn high-quality coal and clean briquette coal, and promote energy-saving and environment-friendly cooking ranges.

Article 37

Oil refining enterprises shall produce fuel oil in accordance with fuel oil quality standards. It is prohibited to import, sell and burn petroleum coke that does not meet quality standards.

Article 38

The people's governments of cities may delimit and announce the no-burning zones for highly polluting fuels, and gradually expand the no-burning zones for highly polluting fuels in accordance with the requirements for improving the quality of the atmospheric environment. The list of highly polluting fuels shall be determined by the department in charge of ecological and environmental affairs under the state council. It is prohibited to sell or burn highly polluting fuels in the areas where the fuel is prohibited; Where it is prohibited to build or expand facilities that burn highly polluting fuels, the completed facilities shall be converted to natural gas, shale gas, liquefied petroleum gas, electricity or other clean energy sources within the time limit prescribed by the municipal people's government.

Article 39

Urban construction shall be planned in an overall way to promote cogeneration of heat and power and central heating in areas heated by coal. In areas covered by central heating networks, it is forbidden to build or expand decentralized coal-fired heating boilers; Coal-fired heating boilers that have been built and cannot meet the discharge standards shall be dismantled within the time limit prescribed by the urban people's government.

Article 40.

The market supervision and administration departments of the people's governments at or above the county level shall, in conjunction with the competent departments for ecological and environmental protection, 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 for environmental protection may not be produced, imported, sold or used.

Article 41

Coal-fired power plants and other coal-fired units shall adopt cleaner production processes, build auxiliary installations for dust removal, desulfurization and denitration, or adopt technological renovation and other measures to control the discharge of atmospheric pollutants. The state encourages coal-fired units to adopt advanced technologies and devices for collaborative control of atmospheric pollutants such as dust removal, desulfurization, denitrification and mercury removal to reduce the discharge of atmospheric pollutants.

Article 42

Electricity dispatching should give priority to clean energy power generation to go online.

Article 43

Enterprises that discharge dust, sulfide and nitrogen oxides in the production process of iron and steel, building materials, non-ferrous metals, petroleum and chemical industries shall adopt clean production techniques, build auxiliary installations for dust removal, desulfurization and denitrification, or adopt technological renovation and other measures to control the discharge of atmospheric pollutants.

Article 44

For the production, import, sale and use of raw materials and products containing vocs, the content of vocs shall conform to quality standards or requirements. The state encourages the production, import, sale and use of low toxic and low volatile organic solvents.

Article 45

Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined Spaces or in equipment, and pollution prevention and control facilities shall be installed and used in accordance with relevant regulations. If it cannot be sealed, measures shall be taken to reduce exhaust gas emissions.

Article 46

Industrial coating enterprises shall use coatings with low volatile organic matter content and establish a ledger to record the usage amount, waste, whereabouts and volatile organic matter content of production materials and auxiliary materials. The term of keeping the books shall not be less than three years.

Article 47

Petroleum, chemical and other enterprises producing and using organic solvents shall take measures to carry out routine maintenance and repair of pipelines and equipment to reduce material leakage. Oil and gas storage depots, refueling and gas filling stations, crude oil and product oil terminals, crude oil and product oil transport vessels, oil tanker trucks and gas tanker trucks shall install oil and gas recovery devices and keep them in normal use in accordance with the relevant regulations of the state.

Article 48

Enterprises engaged in the mining of iron and steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical and mineral products shall strengthen fine management, adopt measures such as centralized collection and treatment, and strictly control the discharge of dust and gaseous pollutants. Industrial production enterprises shall adopt such measures as sealing, enclosure, covering, cleaning and sprinkling to reduce the discharge of dust and gaseous pollutants generated by the stockpiling, transmission, loading and unloading of internal materials.

Article 49

Inflammable gases generated by industrial production, garbage landfill or other activities shall be recovered and utilized; if the conditions for recovery and utilization are not met, pollution prevention and control shall be carried out. If the device for the recovery and utilization of inflammable gas cannot operate normally, it shall be repaired or updated in time. If it is really necessary to discharge inflammable gases during the period when the recovery and utilization unit is not in normal operation, the inflammable gases discharged shall be fully burnt or other measures shall be taken to control the emission of atmospheric pollutants, and the report shall be submitted to the local competent department of ecological environment for repair or renewal within a time limit as required.

Article 50.

The state advocates low-carbon and environment-friendly travel, controls the number of fuel-powered vehicles reasonably 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 and environment-friendly and new energy motor vehicles and vessels and non-road mobile machinery, and restricts the development of motor vehicles and vessels and non-road mobile machinery with high fuel consumption and high emission, so as to reduce the consumption of fossil energy. The people's governments of provinces, autonomous regions and municipalities directly under the central government may, where conditions permit, implement in advance the limits for the corresponding emission stages specified in the national standards for the discharge of atmospheric pollutants by motor vehicles and report them to the competent department of ecological and environmental protection under the state council for the record. The urban people's government shall strengthen and improve the urban traffic management, optimize the establishment of roads, and ensure the continuity and smoothness of sidewalks and non-motorized lanes.

Article 51

Motor vehicles, ships and non-road moving machinery shall not discharge air pollutants in excess of the standards. The production, import or sale of motor vehicles and vessels and non-road moving machinery that discharge atmospheric pollutants in excess of the standards shall be prohibited.

Article 52

The production enterprises of motor vehicles and non-road moving machinery shall conduct emission inspection on the newly produced motor vehicles and non-road moving machinery. Only those that pass the inspection can be sold out of the factory. Inspection information shall be disclosed to the public. The competent ecological and environmental departments of the people's governments at or above the provincial level may, by means of on-site inspection and sampling inspection, strengthen supervision and inspection of the discharge of atmospheric pollutants from new production and sales of motor vehicles and non-road mobile machinery. Industry, market supervision and administration departments to cooperate.

Article 53

An in-use motor vehicle shall, in accordance with the relevant provisions of the state or local government, be subject to regular emission inspection by the motor vehicle emission inspection institution. Only those who pass the inspection can drive on the road. The traffic administrative department of the public security organ shall not issue a safety technical inspection qualification mark after verification if it has not passed the inspection. The competent ecological and environmental departments of the local people's governments at or above the county level may conduct spot checks on the discharge of atmospheric pollutants by the motor vehicles in use at the places where the motor vehicles are centrally parked and maintained. Under the condition that normal passage is not affected, the emission status of air pollutants of motor vehicles on the road can be monitored and tested by remote sensing monitoring and other technical means, and the traffic administrative department of the public security organ shall cooperate.

Article 54

A motor vehicle emission inspection institution shall pass metrological certification in accordance with the law, use motor vehicle emission inspection equipment that has been verified and qualified in accordance with the law, conduct emission inspection on motor vehicles in accordance with the regulations formulated by the competent department of ecological environment under the state council, and connect with the competent department of ecological environment to realize real-time sharing of inspection data. The vehicle emission inspection institution and its responsible person shall be responsible for the authenticity and accuracy of the inspection data. The competent department of ecological environment and the certification and accreditation supervision and administration department shall supervise and inspect the emission inspection of the motor vehicle emission inspection institutions.

Article 55

The production and import enterprises of motor vehicles shall make public the emission inspection information, pollution control technical information and relevant maintenance technical information of their production and import motor vehicles. The motor vehicle maintenance unit shall, in accordance with the requirements for the prevention and control of air pollution and the relevant technical specifications of the state, repair the motor vehicles in use to make them meet the prescribed emission standards. The competent departments of transportation and ecological environment shall strengthen supervision and administration according to law. Motor vehicle owners are prohibited from passing a motor vehicle emission test by temporarily replacing a motor vehicle pollution control device or other fraudulent means. Vehicle repair units are prohibited to provide such repair services. It is prohibited to destroy the vehicle - mounted emission diagnosis system.

Article 56

The competent departments of ecological and environmental protection shall, together with the relevant departments of transportation, housing and urban-rural construction, agricultural administration and water administration, supervise and inspect the discharge of air pollutants from non-road mobile machinery.

Article 57

The state advocates environmentally friendly driving and encourages drivers of fuel-powered vehicles to shut down their engines without affecting road access and requiring more than three minutes of parking to reduce emissions of air pollutants.

Article 58

The state shall establish an environmental protection recall system for motor vehicles and non-road mobile machinery. Where the production or import enterprise is informed that the emission of air pollutants by motor vehicles or non-road mobile machinery exceeds the standards, falls into the category of design or production defects, or does not meet the specified requirements for durability of environmental protection, it shall recall them; If the product is not recalled, the market supervision and administration department under the state council shall, in conjunction with the competent department of ecological environment under the state council, order it to be recalled.

Article 59

Where heavy diesel vehicles or non-road mobile machinery are not equipped with pollution control devices or pollution control devices do not meet the requirements and cannot meet the emission standards, they shall be installed or replaced with pollution control devices that meet the requirements.

Article 60.

Where the discharge of air pollutants by an in-service motor vehicle exceeds the standards, maintenance shall be carried out; Where, after maintenance or adoption of pollution control technology, the discharge of air pollutants still fails to meet the state standards for the discharge of motor vehicles in use, it shall be forced to be scrapped. The owner shall sell the motor vehicles to the scrapped motor vehicle recovery and dismantling enterprises, which shall register, dismantle and destroy the motor vehicles in accordance with the relevant provisions of the state. The state encourages and supports the scrapping of high-emission motor vehicles, ships and non-road moving machinery 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 non-road moving machinery is prohibited.

Article 62

The ship inspection institution shall conduct emission inspection on ship engines and related equipment. The ship may not operate until it has been inspected to meet the national emission standards.

Article 63

Direct vessels in inland and jianghai rivers shall use standard diesel oil. Ocean-going vessels shall use fuel oil for vessels that meets the requirements for the control of air pollutants after docking. A newly built wharf shall plan, design and construct shore-based power supply facilities; The completed wharfs shall be gradually transformed into shore-based power supply facilities. Priority shall be given to the use of shore power after a ship has docked.

Article 64

The competent transport authorities under the state council may designate control areas for the discharge of atmospheric pollutants by vessels in the coastal waters.

Article 65

The production, import and sale of fuels for motor vehicles, ships and non-road moving machinery that do not meet the standards shall be prohibited; Banning the sale of regular diesel and other non-motor vehicle fuels to cars and motorcycles; It is prohibited to sell residual oil and heavy oil to non-road moving machinery, direct vessels in inland waters and jianghai.

Article 66

The contents of harmful substances in engine oils, nox reducing agents, fuels, lubricating oil additives and other additives and other indicators of atmospheric environmental protection shall comply with the requirements of the relevant standards, and shall not impair the effectiveness and durability of pollution control devices of motor vehicles and vessels, or increase the discharge of new atmospheric pollutants.

Article 67

The state actively promotes the prevention and control of air pollution of civil aircraft and encourages effective measures to reduce the emission of air pollutants in the process of design, production and use. A civil aircraft shall comply with the requirements for engine exhaust in the airworthiness standards stipulated by the state.

Article 68

Local people's governments at various levels shall strengthen the management of construction and transportation, keep roads clean, control the piling up of materials and mucks, expand the areas of green land, water surface, wetland and ground pavement, and prevent and control dust pollution. The relevant departments for housing and urban-rural construction, urban appearance, environmental sanitation, transportation, land and resources shall, in accordance with their functions and duties as determined by the people's governments at the corresponding levels, do a good job in the prevention and control of dust pollution.

Article 69

The construction unit shall include the cost of prevention and control of dust pollution in the construction cost and specify the responsibility of prevention and control of dust pollution in the construction contract. The construction unit shall formulate specific implementation plans for prevention and control of construction dust pollution. Construction units engaged in house construction, municipal infrastructure construction, river channel improvement and building demolition shall file with the competent authorities in charge of supervision and administration of prevention and control of dust pollution for the record. The construction unit shall set up hard enclosures on the construction site, and take effective measures to prevent and remove dust, such as covering the construction site, working in sections, timing construction, sprinkling and dust suppression, washing the ground and vehicles. Construction earthwork, engineering waste and construction refuse shall be promptly cleared and transported; In case of stockpiling in the site, a closed dust screen shall be used for covering. Project dregs and construction wastes shall be treated as resources. The construction unit shall publicize at the construction site such information as the prevention and control measures for dust pollution, the person in charge, and the competent authority for supervision and administration of dust. The construction unit shall cover the bare ground on the land for construction which cannot be started for the time being. If the period exceeds three months, greening, paving or covering shall be carried out.

Article seventy.

Vehicles transporting bulk or fluid materials, such as coal, garbage, muck, sand, earthwork, mortar, etc., shall adopt airtight measures or take other measures to prevent dust pollution caused by spilled materials, and shall run along the prescribed routes. Loading and unloading materials shall be sealed or sprayed to prevent and control dust pollution. The people's governments of cities shall strengthen the cleaning and cleaning management of roads, squares, parking lots and other public places, and carry out such low-dust operations as clean power and mechanized cleaning to prevent and control dust pollution.

Article 71

The departments concerned shall, in accordance with the plans, organize the greening or permeable paving of the municipal river courses and the exposed land along the river courses, the public land and the exposed land in other cities and towns.

Article 72

Storage of coal, coal gangue, coal cinder, coal ash, cement, lime, gypsum, sand and other materials liable to dust shall be sealed; If it cannot be closed, a strict enclosure not lower than the height of the pile shall be set, and effective measures shall be taken to prevent and control dust pollution. Docks, mines, landfill sites and absorption sites shall be operated in separate areas and effective measures shall be taken to prevent and control dust pollution.

Article 73

Local people's governments at various levels shall promote the transformation of agricultural production modes, develop the agricultural circular economy, increase support for the comprehensive disposal of wastes, and strengthen control over the discharge of air pollutants by agricultural production and operation activities.

Article 74

Agricultural producers and operators shall improve the methods of fertilization, apply fertilizers in a scientific and rational manner and use pesticides in accordance with the relevant regulations of the state to reduce the emission of ammonia, volatile organic compounds and other atmospheric pollutants. It is forbidden to spray highly toxic or highly toxic pesticides on trees and flowers in populated areas.

Article 75

Livestock and poultry farms and breeding areas shall promptly collect, store, clear and transport sewage, livestock and poultry excrement and carcasses and conduct harmless treatment to prevent the discharge of malodorous gases.

Article 76

The people's governments at all levels and the relevant departments of agricultural administration shall encourage and support the adoption of advanced and applicable technologies for the comprehensive utilization of straw and fallen leaves as fertilizer, feed, energy, industrial raw materials and edible fungus as substrate, and increase the financial subsidies for the straw returning to the field and the collection of integrated agricultural machinery. The people's governments at the county level shall organize the establishment of a service system for the collection, storage, transportation and comprehensive utilization of straw, and adopt measures such as financial subsidies to support rural collective economic organizations, specialized farmer cooperative economic organizations, and enterprises in providing services for the collection, storage, transportation and comprehensive utilization of straw.

Article 77

The people's governments of provinces, autonomous regions and municipalities directly under the central government shall delimit their areas and prohibit the open burning of straw, fallen leaves and other substances that cause smoke and dust pollution.

Article 78

The competent department of ecological and environmental affairs under the state council shall, in conjunction with the department of public health administration under the state council, publish a list of toxic and harmful atmospheric pollutants according to the extent of their harm and impact on public health and the ecological environment, and exercise risk management. Enterprises and institutions that discharge toxic and harmful atmospheric pollutants listed in the catalogue mentioned in the preceding paragraph shall, in accordance with the relevant provisions of the state, establish an early warning system for environmental risks, carry out regular monitoring of the discharge outlets and the surrounding environment, assess environmental risks, investigate potential environmental safety hazards and take effective measures to prevent environmental risks.

Article 79

Enterprises, institutions and other producers and operators that discharge pops into the atmosphere and operators of waste incineration facilities shall, in accordance with the relevant regulations of the state, adopt technological methods and processes conducive to reducing the discharge of pops, and be equipped with effective purification devices to achieve discharge up to the standards.

Article 80

Enterprises, public institutions and other producers and business operators that produce malodorous gases in their production and business operations shall locate their sites scientifically, set up a reasonable protective distance, install purification devices or take other measures to prevent the discharge of malodorous gases.

Article 81

The operators of catering service industry that emit lampblack shall install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to make lampblack discharge up to the standard and prevent pollution to the normal living environment of the nearby residents. It is forbidden to build, rebuild or expand food and beverage service projects that produce lampblack, peculiar smell and exhaust gas in residential buildings, commercial and residential complex buildings without special flue pipes and commercial and residential complex buildings adjacent to residential floors. No unit or individual may barbecue food in the open air or provide a place for such food in areas prohibited by the local people's government.

Article 82

It is prohibited to burn asphalt, linoleum, rubber, plastic, leather, garbage and other substances that produce toxic or harmful smoke and fumes in populated areas and other areas that require special protection according to law. The production, sale and discharge of fireworks that do not meet quality standards shall be prohibited. No unit or individual may set off fireworks or firecrackers during the time periods or areas prohibited by the people's government of the city.

Article 83

The state encourages and advocates civilization and green sacrifice. The crematorium shall set up pollution prevention and control facilities such as dust removal and keep them in normal use to prevent any impact on the surrounding environment.

Article 84

Operators engaged in such service activities as clothing dry cleaning and motor vehicle maintenance shall, in accordance with relevant state standards or requirements, set up pollution prevention and control facilities such as odor and exhaust gas treatment devices and keep them in normal use to prevent their impact on the surrounding environment.

Article 85

The state shall encourage and support the production and use of substitutes for substances that deplete the ozone layer, and gradually reduce or stop the production and use of substances that deplete the ozone layer. The state exercises total volume control and quota administration over the production, use, import and export of ozone depleting substances. Specific measures shall be formulated by the state council.

Chapter 5 joint prevention and control of air pollution in key areas

Article 86

The state has established a mechanism for joint prevention and control of air pollution in key areas to coordinate the prevention and control of air pollution in key areas. The competent department for ecological and environmental protection under the state council shall, in accordance with the main function zoning, the regional atmospheric environment quality and the law of air pollution transmission and diffusion, designate key areas for the prevention and control of air pollution and submit them to the state council for approval. The people's governments of the relevant provinces, autonomous regions and municipalities directly under the central government within the key regions shall determine the local people's governments to take the lead, hold joint meetings on a regular basis, carry out joint prevention and control of air pollution and fulfill their responsibilities for the prevention and control of air pollution in accordance with the requirements for unified planning, standards, monitoring and prevention and control measures. The competent department for ecological and environmental protection under the state council shall strengthen guidance and supervision. Provinces, autonomous regions and municipalities directly under the central government may, with reference to the provisions of the first paragraph, delimit key areas for the prevention and control of air pollution within their respective administrative areas.

Article 87

Ecological environment administrative department under the State Council jointly with the departments concerned under the State Council, national key area for the control of air pollution, the relevant people's governments of provinces, autonomous regions and municipalities directly under the central government, according to the economic and social development of key areas and the atmospheric environmental capacity, key regional joint prevention and control of atmospheric pollution action plan, clear control objectives, optimize regional economic layout, traffic management as a whole, the development of clean energy, put forward the key tasks and measures of prevention, promote key regional atmospheric environmental quality improvement.

Article 88

The competent department in charge of comprehensive economic and environmental affairs under the state council shall, in conjunction with the competent department in charge of ecological and environmental protection under the state council, further improve the requirements for environmental protection, energy consumption, safety and quality by taking into account the actual development of industries in key areas of national air pollution prevention and control and the quality of the atmospheric environment. The people's governments of the relevant provinces, autonomous regions and municipalities directly under the central government within the key areas shall implement stricter standards for the discharge of atmospheric pollutants by motor vehicles, unify the inspection methods and emission limits for in-service motor vehicles, and supply qualified motor fuel oil.

Article 89

Environmental impact assessments shall be carried out in accordance with the law in the preparation of plans for industrial parks, development zones and regional industries and development that may cause serious pollution to the atmospheric environment in key areas of the state for the prevention and control of air pollution. The planning authorities shall consult with the people's governments of the relevant provinces, autonomous regions or municipalities directly under the central government or with the departments concerned in key regions. In key regions, relevant provinces, autonomous regions or municipalities directly under the central government shall promptly notify the relevant information and hold consultations on the construction of projects that may have a major impact on the atmospheric environment quality of neighboring provinces, autonomous regions or municipalities directly under the central government. Consultation opinions and their adoption are important bases for the review or approval of eia documents.

Article ninety.

Where a new coal project is built, rebuilt or expanded in a key area of the state for the prevention and control of air pollution, an equivalent amount or a reduced amount of coal shall be used instead.

Article 91

Ecological environment administrative department under the state council shall organize a national key regional atmospheric environmental quality monitoring for the control of air pollution, atmosphere pollution monitoring and other related information sharing mechanism, using the monitoring, simulation and satellite, aerial, new technologies, such as remote sensing analysis key area source of air pollution and its change trend, and to the public.

Article 92

The competent department for ecological and environmental protection under the state council and the people's governments of the relevant provinces, autonomous regions and municipalities directly under the central government within the national key areas for the prevention and control of air pollution may organize the relevant departments to carry out joint law enforcement, trans-regional law enforcement and cross-disciplinary law enforcement.

Chapter6i response to heavy pollution weather

Article 93

The state has established a weather monitoring and early warning system for heavy pollution. The competent department for ecological and environmental protection under the state council shall, in conjunction with the competent meteorological department under 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 key areas for the prevention and control of air pollution, establish a monitoring and early warning mechanism for severe pollution weather in key areas and unify the standards for the classification of early warning. In case of possible occurrence of regional heavy pollution weather, the people's governments of the relevant provinces, autonomous regions or municipalities directly under the central government in key regions shall be notified in a timely manner. Departments in charge of the ecological environment under the people's governments of provinces, autonomous regions, municipalities directly under the central government and cities divided into districts shall establish a monitoring and early warning mechanism for severe pollution weather in their respective administrative areas together with the competent meteorological departments.

Article 94

The local people's governments at or above the county level shall incorporate the response to heavily polluted weather into the emergency management system. The people's governments of provinces, autonomous regions, municipalities directly under the central government, cities divided into districts and the people's governments at the county level where heavy pollution weather may occur shall formulate emergency plans for heavy pollution weather, which shall be filed with the competent department of ecological and environmental affairs of the people's government at the next higher level for the record and made public.

Article 95

The competent departments of ecological and environmental protection under 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 conduct forecast of the quality of the atmospheric environment. If heavy pollution weather may occur, it shall promptly report to the people's government at the corresponding level. The people's governments of provinces, autonomous regions, municipalities directly under the central government and cities divided into districts shall, based on the forecast information of severe pollution weather, conduct comprehensive research and judgment, determine the warning level and issue the warning in time. The warning level can be adjusted according to the situation. No unit or individual may release forecast and warning information of heavy pollution weather to the society without authorization. After the release of the warning information, the people's government and its relevant departments shall, through television, radio, Internet and SMS, inform the public to take health protection measures, guide the public to travel and adjust other relevant social activities.

Article 96

Local people's governments at or above the county level shall be based on heavy pollution weather warning level, launched the emergency response plan in time, can be taken according to the need of emergency order the relevant enterprise production or limit production, restricted part of the motor vehicle, fireworks, stop the site conditions and building demolition construction, stop the outdoor barbecue, kindergarten and outdoor activities organized by the school, the organization to carry out emergency measures such as weather modification operation. After the completion of the emergency response, the people's government shall promptly carry out the assessment 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, as well as relevant enterprises and institutions shall, in accordance with the provisions of the law of the People's Republic of China on the response to emergencies and the law of the People's Republic of China on the protection of the environment, make emergency response. The competent ecological and environmental departments shall promptly monitor the atmospheric pollutants generated by environmental emergencies and publicize the monitoring information to the public.

Chapter 7 legal liability

Article 98

In violation of the provisions of this law, refuses to accept by refused to enter the site of the ecological environment and its environment by the competent department of law enforcement agencies or other responsible for the supervision and management of atmospheric environment protection department of the supervision and inspection, or when to accept the supervision and inspection of deception, by the competent department of the people's governments at or above the county level ecology environment or other responsible for the supervision and management of atmospheric environment protection department shall be ordered to correct and be fined twenty thousand yuan and two hundred thousand yuan; Those who constitute ACTS violating the administration of public security shall be punished by the public security organs according to law.

Article 99

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered by the competent department of ecological environment under the people's government at or above the county level to make corrections or to restrict production or suspend production for rectification, and shall be fined not less than 100,000 yuan but not more than one million yuan; (1) discharging atmospheric pollutants without obtaining a pollutant discharge permit according to law; (2) discharging atmospheric pollutants in excess of the standards for the discharge of atmospheric pollutants or the total volume control targets for the discharge of key atmospheric pollutants; (3) discharging atmospheric pollutants by means of evading supervision.

Article one hundred.

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered to make corrections by the competent department of ecological environment under the people's government at or above the county level and shall be imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan; (1) those who seize, damage or destroy, or move or change without authorization atmospheric environment quality monitoring facilities or automatic monitoring equipment for the discharge of atmospheric pollutants; (2) failing to monitor the industrial waste gas and toxic and harmful atmospheric pollutants discharged in accordance with regulations and to keep original monitoring records; (3) failing to install or use automatic monitoring equipment for the discharge of atmospheric pollutants as required or failing to connect with the monitoring equipment of the competent ecological and environmental authorities as required and to ensure the normal operation of the monitoring equipment; (4) failing to disclose or truthfully disclose the automatic monitoring data of key pollutant discharging units; Failing to set up outlets for the discharge of atmospheric pollutants in accordance with regulations.

Article 101

In violation of the provisions of this law, produce, import, sell or use prohibited by state industrial policies and comprehensive directory of equipment and products, the state industrial policies and comprehensive directory of forbidden process, or to transfer out of equipment and products for others to use, by the competent department for comprehensive economic and trade, customs of the people's government above the county level in accordance with the duties shall be ordered to correct, confiscate the illegal income, and more than twice and less than three times the value of fine; If it refuses to make corrections, it shall be reported to the people's government, which has the power of approval, for approval and shall be ordered to suspend operations or close down. If the import act constitutes smuggling, the customs shall punish it according to law.

Article 102

Where, in violation of the provisions of this law, a coal mine fails to build supporting facilities for coal washing and sorting in accordance with the relevant provisions, the competent department of energy 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 one million yuan; If it refuses to make corrections, it shall be reported to the people's government, which has the power of approval, for approval and shall be ordered to suspend operations or close down. Whoever, in violation of the provisions of this law, mines coal containing radioactive and arsenic and other toxic and harmful substances that exceed the prescribed standards shall be ordered by the people's government at or above the county level to stop business or close down within the limits of authority prescribed by the state council.

Article 103

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered to make corrections by the market supervision and administration department of the local people's government at or above the county level, confiscate the raw materials, products and illegal earnings, and impose a fine of not less than one time but not more than three times the value of the goods: (2) producing or selling raw materials and products whose contents of volatile organic compounds do not meet the quality standards or requirements; (3) producing or selling fuels, engine oils, nox reducing agents, fuels, lubricating oil additives and other additives for motor vehicles, ships and non-road moving machinery that do not meet the standards; (4) selling highly polluting fuels within the prohibited fuel areas.

Article 104

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered by the customs to make corrections, have his raw materials, products and illegal earnings confiscated, and shall be fined for an amount between one and three times the value of the goods; (1) importing coal and petroleum coke which do not meet the quality standards; (2) importing raw materials and products whose contents of volatile organic compounds do not meet the quality standards or requirements; (3) importing fuels, engine oils, nox reducing agents, fuels, lubricating oil additives and other additives for motor vehicles, ships and non-road moving machinery that do not meet the standards.

Article 105

Any unit that, in violation of the provisions of this law, burns coal or petroleum coke that does not meet quality standards shall be ordered to make corrections by the department in charge of the ecological environment under the people's government at or above the county level and shall be imposed a fine of not less than 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 imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan by the maritime administrative organ or the competent fishery department according to its functions and duties.

Article 107

In violation of the provisions of this law, in the combustion zone construction and expansion of burning high pollution fuel facility, or stop consuming such seriously polluting fuels, in accordance with the relevant provisions or in urban central heating pipe network construction and expansion of coverage area scattered coal heating boilers, or dismantle has been built in accordance with the relevant provisions can't satisfy the coal heating boilers, the local people's government at or above the county level shall confiscate the fuel burning high pollution by the competent department of the ecological environment facilities, organization dismantling coal heating boilers, and concurrently be fined twenty thousand yuan and two hundred thousand 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 to make corrections by the competent departments of market supervision and administration and the ecological environment under the people's governments at or above the county level.

Article 108

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered to make corrections by the competent department of ecological environment under the people's government at or above the county level and shall be imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan; (1) production and service activities that produce waste gas containing volatile organic compounds are not carried out in confined Spaces or in equipment, pollution prevention and control facilities are not installed or used in accordance with regulations, or measures are not taken to reduce waste gas emissions; (2) industrial coating enterprises do not use coatings with low volatile organic matter content or do not establish or keep standing books; (3) failing to take measures to carry out routine maintenance and repair of pipelines and equipment, or failing to timely collect and treat leaked materials, in petroleum, chemical industry or other enterprises producing and using organic solvents; (4) failing to install and normally use oil and gas recovery devices in oil and gas storage depots, refueling and filling stations, oil tank trucks, gas tank trucks, etc., in accordance with the relevant regulations of the state; (5) enterprises engaged in iron and steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical and mineral exploitation, failing to take such measures as centralized collection and treatment, airtight, enclosure, covering, cleaning and sprinkling to control and reduce the discharge of dust and gaseous pollutants; (6) the inflammable gas produced in industrial production, landfill or other activities is not recovered and utilized, does not meet the conditions for recovery and utilization, and is not treated for prevention and control of pollution, or the device for recovery and utilization of inflammable gas cannot operate normally, and is not repaired or updated in time.

Article 109

In violation of the provisions of this law, produce more than emissions standards for motor vehicles, a road mobile machinery, the ecological environment by the competent department of the people's government at or above the provincial level shall be ordered to correct, confiscate the illegal income, and more than twice and less than three times the value of fines and confiscation of destruction cannot reach pollutant discharge standard of motor vehicle, the road mobile machinery; Those who refuse to make corrections shall be ordered to stop production for rectification, and shall be ordered by the motor vehicle production department under the state council to stop the production of the model. In violation of the provisions of this law, motor vehicle, the road mobile machinery production enterprise of engine, pollution control device of deception, shoddy, pretend to be emission inspection qualified products factory sales, by the people's governments at or above the provincial level in order to suspend production by the competent department of environmental control in ecological, confiscate the illegal income, impose fines of more than twice and less than three times the value of confiscated destroyed cannot reach pollutant discharge standard of motor vehicle, the road mobile machinery, and by the department in charge of a motor vehicle production shall be ordered to stop the production of the model.

Article 110

In violation of the provisions of this law, the import and sales more than emissions standards for motor vehicles, a road mobile machinery, by the people's governments at or above the county level, the customs shall, in accordance with the market supervision and regulation department responsibilities, confiscate the illegal income and concurrently value more than twice and less than three times the amount of the fines, the confiscation of destruction cannot reach pollutant discharge standard of motor vehicle, the road mobile machinery; If the import act constitutes smuggling, the customs shall punish it according to law. Where, in violation of the provisions of this law, motor vehicles or non-road moving machinery sold fail to meet the standards for the discharge of pollutants, the seller shall be responsible for repair, replacement or return of the goods; If any loss is caused to the buyer, the seller shall compensate for the loss.

Article 111

Where, in violation of the provisions of this law, an enterprise engaged in motor vehicle production or import fails to disclose to the public the emission inspection information or the technical information on pollution control of the motor vehicle models it produces or imports in accordance with the provisions, the competent department of ecological environment of the people's government at or above the provincial level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. Where, in violation of the provisions of this law, an enterprise engaged in motor vehicle production or import fails to disclose to the public the relevant technical information on the maintenance of the motor vehicle models it produces or imports in accordance with the provisions, the competent transport department of the people's government at or above the provincial level shall order it 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 or non-road mobile machinery or issues a false emission inspection report shall have his illegal earnings confiscated by the competent department of ecological and environmental affairs of the people's government at or above the county level and be fined not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, the department in charge of qualification verification shall cancel the inspection qualification. Whoever, in violation of the provisions of this law, forges the discharge inspection results of a ship or issues a false discharge inspection report shall be punished according to law by the maritime administrative authority. Whoever, in violation of the provisions of this law, temporarily replaces the pollution control device of a motor vehicle to pass the discharge inspection of a motor vehicle or destroys the on-board discharge diagnosis system of a motor vehicle by resorting to fraud, shall be ordered to make corrections by the competent department of ecological environment of the people's government at or above the county level, and the motor vehicle owner shall be imposed a fine of 5,000 yuan; A fine of 5,000 yuan per motor vehicle shall be imposed on the motor vehicle maintenance unit.

Article 113

Where, in violation of the provisions of this law, a motor vehicle driver drives a motor vehicle that fails to meet the emission test on the road, he shall be punished by the traffic administrative department of the public security organ according to law.

Article 114

Whoever, in violation of the provisions of this law, USES non-road mobile machinery with unqualified discharge, or fails to install or replace pollution control devices in heavy diesel vehicles or non-road mobile machinery, shall be ordered to make corrections according to their functions and duties by the competent departments in charge of the ecological environment of the people's governments at or above the county level, and shall be imposed a fine of 5,000 yuan. Whoever, in violation of the provisions of this law, USES high-emission non-road mobile machinery in areas where the use of high-emission non-road mobile machinery is prohibited shall be punished according to law by the ecological and environmental departments of the people's governments of cities.

Article 115

Where a construction unit commits any of the following ACTS in violation of the provisions of this law, the competent housing and urban-rural construction departments of the people's governments at or above the county level shall, in accordance with their functions and duties, order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; (1) there is no hard enclosure on the construction site, or no effective dust control measures such as covering, segway operation, timing construction, sprinkling and dust suppression, washing the ground and vehicles are adopted; (2) failing to clear and transport the construction earth, engineering dregs, and construction refuse in time, or failing to cover them with a closed dustproof net. In violation of the provisions of this law, the construction unit to temporarily can't start the construction land of bare ground to cover, or for more than three months can't start the bare land of construction land greening, pavement or covered, by the people's governments at or above the county level of urban and rural housing construction and other departments in accordance with the provisions of the preceding paragraph shall be penalized.

Article 116

Whoever, in violation of the provisions of this law, transports bulk or fluid materials such as coal, garbage, mucking, sand, earthwork, mortar, etc. without adopting sealing or other measures to prevent the spilling of such materials shall be ordered to make corrections by the supervisory and administrative department designated by the local people's government at or above the county level and shall be imposed a fine of not less than 2,000 yuan but not more than 20,000 yuan; If a vehicle refuses to make corrections, it shall not run on the road.

Article 117

Whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered to make corrections according to their functions and duties by the competent departments for the ecological environment of the people's governments at or above the county level and shall be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan; (1) failing to close coal, coal gangue, coal cinder, coal ash, cement, lime, gypsum, sand and other materials that are prone to dust; (2) failing to set up a strict enclosure not lower than the height of the stacked materials, or failing to adopt effective covering measures to prevent and control dust pollution, for the materials that cannot be closed and are prone to dust; (3) failing to control dust discharge by means of sealing or spraying the loading and unloading materials; (4) storing coal, coal gangue, coal cinder, coal ash and other materials without taking fire prevention measures; (5) failing to take effective measures to prevent and control dust pollution by wharves, mines, landfill sites or absorption sites; (6) an enterprise or institution that discharges toxic and harmful atmospheric pollutants listed in the catalogue fails to establish an early warning system for environmental risks in accordance with relevant regulations or to carry out regular monitoring and investigation of potential environmental safety risks at its discharges and surrounding environments and take effective measures to prevent environmental risks; (7) failing to adopt, in accordance with the relevant regulations of the state, technological methods and processes conducive to reducing the discharge of pops, and equipped with purification devices, by enterprises, institutions, other producers and operators that discharge pops into the atmosphere, or by operators of waste incineration facilities; Failing to take measures to prevent the discharge of malodorous gases.

Article 118

In violation of the provisions of this law, discharge lampblack not installed lampblack purification facilities catering services operators, not normal use lampblack purification facilities or shall adopt other measures for lampblack purification, over discharge standard discharge lampblack, the local people's government at or above the county level shall determine the supervisory and administrative department shall be ordered to correct, be fined five thousand yuan and fifty thousand yuan; Those who refuse to make corrections shall be ordered to suspend business for rectification. Those who, in violation of the provisions of this law, build, rebuild or expand food and beverage service items in residential buildings, commercial and residential complex buildings without special flue pipes, or commercial floors adjacent to the residential floors in commercial and residential complex buildings, which produce lampblack, peculiar smell and exhaust gas, shall be ordered to make corrections by the supervisory and administrative departments determined by the local people's governments at or above the county level. If it refuses to make corrections, it shall be closed down and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan. Whoever, in violation of the provisions of this law, engages in open-air barbecue food at a time or in an area prohibited by the local people's government or provides a place for such food shall be ordered to make corrections by the supervisory and administrative department designated by the local people's government at or above the county level, confiscate the barbecue tools and illegal earnings, and impose a fine of not less than 500 yuan but not more than 20,000 yuan.

Article 119

Whoever, in violation of the provisions of this law, sprays highly toxic or highly toxic pesticides on trees, flowers and plants in densely populated areas, or burns straw, fallen leaves and other substances that cause soot pollution in the open air, shall be ordered to make corrections by the supervisory and administrative department designated by the local people's government at or above the county level, and may be imposed a fine of not less than 500 yuan but not more than 2,000 yuan. In violation of the provisions of this law in densely inhabited areas and other areas that need special protection according to law, the burning of asphalt, asphalt felt, rubber, plastic, leather, garbage and other produce toxic or harmful smoke and fetor material, the people's government at the county level shall determine the supervision and administration department shall be ordered to correct, the unit to be fined ten thousand yuan and one hundred thousand yuan, to individuals be fined five hundred yuan and two thousand yuan. Whoever, in violation of the provisions of this law, sets off fireworks at a time or in an area prohibited by the urban people's government shall be punished according to law by the supervisory and administrative department designated by the local people's government at or above the county level.

Article 120

Whoever, in violation of the provisions of this law, engages in such service activities as clothing dry-cleaning and motor vehicle maintenance, and fails to set up pollution prevention and control facilities such as odor and exhaust gas treatment devices and keeps them in normal use, thereby affecting the surrounding environment, shall be ordered to make corrections by the competent department of ecological environment under the local people's government at or above the county level, and shall be fined not less than 2,000 yuan but not more than 20,000 yuan; Those who refuse to make corrections shall be ordered to suspend business for rectification.

Article 121

Whoever, in violation of the provisions of this law, releases forecast and early warning information of heavy pollution weather to the public without authorization, which constitutes a violation of the administration of public security, 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 stopping earth-rock work on construction sites or dismantling and construction of buildings or other heavy polluting weather shall be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan by the supervisory and administrative department designated by the local people's government at or above the county level.

Article 122

Whoever, in violation of the provisions of this law, causes an air pollution accident shall be fined by the competent ecological and environmental departments of the people's governments at or above the county level in accordance with the provisions of the second paragraph of this article. The persons in charge who are directly responsible and the other persons who are directly responsible may be imposed a fine of not more than 50 percent of the income they received from the enterprise or institution in the previous year. Where a general or major air pollution accident is caused, a fine shall be calculated on the basis of an amount between one and three times the direct losses caused by the pollution accident; If a major or extremely large air pollution accident is caused, a fine shall be calculated on the basis of an amount between three times and five times the direct losses caused by the pollution accident.

Article 123

In violation of the provisions of this law, enterprises, institutions and other production operator has one of following action, is fine, was ordered to make corrections, and refused to correct, can make a decision on punishment in accordance with the administrative authority since shall be ordered to correct the date of the next day, according to the original penalty amount on a daily basis for punishment: (a) not legally obtained discharge atmospheric pollutants discharge permit; (2) discharging atmospheric pollutants in excess of the standards for the discharge of atmospheric pollutants or the total volume control targets for the discharge of key atmospheric pollutants; (3) discharging atmospheric pollutants by means of evading supervision; (4) failing to take effective measures to prevent and control dust pollution during construction or storage of materials prone to dust.

Article 124

Whoever, in violation of the provisions of this law, retaliates against the informant by rescinding or altering the labor contract or by any other means shall bear responsibility in accordance with the provisions of relevant laws.

Article 125

Whoever discharges atmospheric pollutants and causes damage shall be liable for tort according to law.

Article 126

Whoever abuses his power, neglects his duty, engages in malpractice for personal gain or practices fraud shall be punished according to law by the local people's governments at various levels, the competent departments for ecological and environmental protection of the people's governments at or above the county level or any other department or its personnel responsible for the supervision and administration of atmospheric environmental protection.

Article 127

Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter 8 supplementary provisions

Article 128

The prevention and control of air pollution in Marine projects shall be carried out in accordance with the relevant provisions of the law of the People's Republic of China on the protection of the Marine environment.

Article 129

This law shall come into force as of January 1, 2016.