(Adopted at the 22nd meeting of the Standing Committee of the Sixth National People's Congress on September 5, 1987, in accordance with the Decision on Amending the Law of the People's Republic of China on the Prevention and Control of Air Pollution adopted at the 15th meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1995) The first amendment was made at the 15th meeting of the Standing Committee of the Ninth National People's Congress on April 29, 2000. The first amendment was made at the 16th meeting of the Standing Committee of the Twelfth National People's Congress on August 29, 2015. The second amendment was made in accordance with the Decision on Amending the Fifteen Laws including the Law of the People's Republic of China on the Protection of Wild Animals and Other Laws of the Sixth Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018 Second amendment)
catalogue
Chapter I General Provisions
Chapter II Standards for the Prevention and Control of Air Pollution and Plans for Reaching Standards within a Time Limit
Chapter III Supervision and Administration of the Prevention and Control of Air Pollution
Chapter IV Measures for the Prevention and Control of Air Pollution
Section I Prevention and Control of Pollution from Coal and Other Energy Sources
Section 2 Prevention and Control of Industrial Pollution
Section III Pollution Prevention and Control of Motor Vehicles and Ships
Section IV Prevention and control of dust pollution
Section 5 Prevention and Control of Agricultural and Other Pollution
Chapter V Joint Prevention and Control of Air Pollution in Key Regions
Chapter VI Response to Heavy Pollution Weather
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting and improving the environment, preventing and controlling atmospheric pollution, safeguarding public health, promoting the construction of ecological civilization, and promoting the sustainable development of economy and society.
Article 2 The prevention and control of atmospheric pollution should aim at improving the quality of the atmospheric environment, adhere to the source control, put planning first, change the mode of economic development, optimize the industrial structure and layout, and adjust the energy structure.
To prevent and control air pollution, we should strengthen the comprehensive prevention and control of air pollution such as coal, industry, motor vehicles and ships, dust, agriculture, etc., promote the joint prevention and control of regional air pollution, and implement the coordinated control of atmospheric pollutants such as particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, ammonia, and greenhouse gases.
Article 3 People's governments at or above the county level shall incorporate the prevention and control of air pollution into their national economic and social development plans and increase their financial investment in the prevention and control of air pollution.
Local people's governments at all levels shall be responsible for the quality of the atmospheric environment in their respective administrative areas, formulate plans and take measures to control or gradually reduce the emission of atmospheric pollutants, so that the quality of the atmospheric environment can meet the prescribed standards and gradually improve.
Article 4 The competent department of ecological environment under the State Council, together with the relevant departments under the State Council, shall, in accordance with the provisions of the State Council, assess the completion of the objectives for improving the atmospheric environment quality and the key tasks for preventing and controlling atmospheric pollution of provinces, autonomous regions and municipalities directly under the Central Government. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate assessment measures to assess the completion of the local targets for improving the quality of the atmospheric environment and the key tasks for the prevention and control of atmospheric pollution within their respective administrative regions. The assessment results shall be made 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 management over the prevention and control of air pollution.
Other relevant departments of the people's governments at or above the county level shall exercise supervision and administration over the prevention and control of air pollution within the scope of their respective duties.
Article 6 The State encourages and supports scientific and technological research in the prevention and control of atmospheric pollution, carries out analysis of the sources of atmospheric pollution and their changing trends, popularizes advanced and applicable technologies and equipment for the prevention and control of atmospheric 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 atmospheric pollution.
Article 7 Enterprises, institutions and other producers and operators shall take effective measures to prevent and reduce atmospheric pollution, and shall be liable for the damage caused according to law.
Citizens should enhance their awareness of atmospheric environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their obligations of atmospheric environmental protection.
Chapter II Standards for the Prevention and Control of Air Pollution and Plans for Meeting the Standards within a Time Limit
Article 8 The competent department of ecological environment 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 atmospheric environment with the aim of safeguarding public health and protecting the ecological environment, adapt to economic and social development, and be scientific and reasonable.
Article 9 The competent department of ecological environment under the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the standards for the discharge of atmospheric pollutants on the basis of the standards for the quality of the atmospheric environment and the national economic and technological conditions.
Article 10 In formulating the standards for the quality of the atmospheric environment and the standards for the discharge of atmospheric pollutants, experts shall be organized to examine and demonstrate them, and opinions from relevant departments, trade associations, enterprises and 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 free reference and download by the public.
Article 12 The implementation of the atmospheric environmental quality standards and the standards for the discharge of atmospheric pollutants shall be assessed regularly, and the standards shall be revised in due time according to the assessment results.
Article 13 The formulation of quality standards for products containing volatile organic compounds such as coal, petroleum coke, biomass fuels, paints, fireworks, and boilers should clarify the requirements for atmospheric environmental protection.
The formulation of fuel quality standards should comply with the national air pollutant control requirements, and should be implemented in synchronization with the national air pollutant emission standards for motor vehicles, ships, and non road mobile machinery.
The non-road mobile machinery mentioned in the preceding paragraph refers to mobile machinery and transportable industrial equipment equipped with engines.
Article 14 The people's governments of cities that fail to meet the national standards for atmospheric environment quality shall promptly formulate plans for meeting the standards for atmospheric environment quality within a time limit and take measures to meet the standards for atmospheric environment quality within the time limit prescribed by the State Council or the people's governments at the provincial level.
In formulating the plan for meeting the standards of urban atmospheric environment quality within the time limit, the opinions of relevant industry associations, enterprises and institutions, experts and the public shall be solicited.
Article 15 The plans for meeting the standards of urban atmospheric environment quality within a time limit shall be made public to the public. The plans of the municipalities directly under the Central Government and the cities divided into districts for reaching the standard of atmospheric environmental quality within the time limit shall be submitted to the competent department of ecological environment under the State Council for the record.
Article 16 Urban people's governments shall report to the people's congress or its standing committee at the corresponding level on the implementation of the plan for reaching the standard of atmospheric environmental quality within the time limit and make it public when reporting to the people's congress or its standing committee on the environmental conditions and the completion of environmental protection objectives.
Article 17 The plans for meeting the standards of urban atmospheric environmental quality within the time limit shall be evaluated and revised in due time in accordance with the requirements for the prevention and control of atmospheric pollution and the economic and technical conditions.
Chapter III Supervision and Administration of the Prevention and Control of Air Pollution
Article 18 Enterprises, institutions and other producers and operators that construct projects that have an impact on the atmospheric environment shall carry out environmental impact assessment and publish environmental impact assessment documents according to law; Those who discharge pollutants into the atmosphere shall comply with the standards for the discharge of atmospheric pollutants and comply with the requirements for the total amount control of key atmospheric pollutants.
Article 19 Enterprises and institutions that discharge industrial waste gas or toxic and harmful atmospheric pollutants listed in the directory specified in Article 78 of this Law, the production and operation units of coal-fired heat sources of central heating facilities, and other units that implement pollution discharge license management according to law shall obtain pollution discharge licenses. The specific measures and implementation steps for pollutant discharge permit shall be formulated by the State Council.
Article 20 Enterprises, institutions and other producers and operators that discharge pollutants into the atmosphere 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 stealing, 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 atmospheric pollution prevention and control facilities to avoid supervision.
Article 21 The State exercises total control over the discharge of key atmospheric pollutants.
The goal of total emission control of key atmospheric pollutants shall be submitted to the State Council for approval and implementation by the competent department of ecological environment under the State Council after consultation with the relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall control or reduce the total amount of key air pollutants discharged in their respective administrative regions in accordance with the total amount control targets issued by the State Council.
The specific measures for determining the total amount control objectives and decomposing the total amount control indicators shall be formulated by the competent ecological and environmental department of the State Council in conjunction with the relevant departments of the State Council. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of the prevention and control of air pollution in their respective administrative regions, exercise total control over the discharge of air pollutants other than the national key air pollutants.
The state will gradually promote the trading of key air pollutant emission rights.
Article 22 For areas that exceed the national total emission control targets of key atmospheric pollutants or fail to meet the national targets for improving the atmospheric environment quality, the competent ecological and environmental departments of the people's governments at or above the provincial level shall, together with the relevant departments, interview the main responsible persons of the people's governments in the area, and suspend the examination and approval of the environmental impact assessment documents of the construction projects that increase the total emission of key atmospheric pollutants in the area. The interview should be made public.
Article 23 The competent department of ecological environment under the State Council shall be responsible for formulating the standards for monitoring and evaluating the quality of the atmospheric environment and the sources of atmospheric pollution, organizing the construction and management of the national monitoring network for the quality of the atmospheric environment and the sources of atmospheric pollution, organizing the monitoring of the quality of the atmospheric environment and the sources of atmospheric pollution, and uniformly publishing the information on the quality of the national atmospheric environment.
The competent department of ecological environment of the local people's government at or above the county level is responsible for organizing the construction and management of the monitoring network of the atmospheric environment quality and air pollution sources in its administrative region, carrying out the monitoring of the atmospheric environment quality and air pollution sources, and uniformly publishing the information of the atmospheric environment quality in its administrative region.
Article 24 Enterprises, institutions and other producers and operators shall, in accordance with the relevant regulations and monitoring standards of the State, monitor the industrial waste gas discharged by them and the toxic and harmful atmospheric pollutants listed in the directory specified in Article 78 of this Law, and keep the original monitoring records. Among them, key pollutant discharging units shall install and use automatic monitoring equipment for air pollutant discharge, and network with the monitoring equipment of the competent ecological environment department to ensure the normal operation of the monitoring equipment and disclose the emission information according to law. The specific measures for monitoring and the conditions for key pollutant discharge units shall be formulated by the competent department of ecological environment under the State Council.
The list of key pollutant discharging units shall be determined by the competent ecological environment department of the local people's government at or above the municipal level divided into districts, in accordance with the provisions of the competent ecological environment department under the State Council, in consultation with the relevant departments and in accordance with the atmospheric environmental carrying capacity of the administrative region, the requirements of the total emission control indicators of key atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by the pollutant discharging units, and other factors, and shall be published to the public.
Article 25 Key pollutant discharging units shall be responsible for the authenticity and accuracy of automatic monitoring data. If the competent department of ecological environment finds that the transmission data of the automatic monitoring equipment for the emission of atmospheric pollutants of key pollutant discharging units is abnormal, it shall promptly investigate.
Article 26 It is forbidden to occupy, damage, or move or change the atmospheric environment quality monitoring facilities and the automatic monitoring equipment for the emission of atmospheric pollutants without authorization.
Article 27 The State implements 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, together 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 incorporate them into the national comprehensive industrial policy catalogue.
Producers, importers, sellers or users shall stop producing, importing, selling or using the equipment and products listed in the catalogue specified in the preceding paragraph within the prescribed time limit. The adopter of the technology shall stop using the technology listed in the catalog specified in the preceding paragraph within the specified time limit.
The obsolete equipment and products shall not be transferred to others for use.
Article 28 The competent department of ecological environment under the State Council shall establish and improve the assessment system of air pollution damage in conjunction with relevant departments.
Article 29 The competent departments of ecological environment, their environmental law enforcement agencies and other departments responsible for the supervision and administration of atmospheric environmental protection have the right to supervise and inspect enterprises, institutions and other producers and operators that discharge atmospheric pollutants through on-site inspection and monitoring, automatic monitoring, remote sensing monitoring, far-infrared photography and other means. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting inspections shall keep business secrets for the inspected.
Article 30 Where enterprises, institutions and other producers and operators discharge atmospheric pollutants in violation of the provisions of laws and regulations, which cause or may cause serious atmospheric pollution, or where relevant evidence may be lost or hidden, the competent department of ecological environment of the people's government at or above the county level and other departments responsible for the supervision and administration of atmospheric environmental protection may take administrative coercive measures such as sealing up and seizing the relevant facilities, equipment and articles.
Article 31 The department in charge of ecological environment and other departments responsible for the supervision and administration of atmospheric environmental protection shall publish the telephone number and e-mail address for the public to report.
The competent department of ecological environment and other departments responsible for the supervision and management of atmospheric environmental protection shall promptly handle the report and keep the relevant information of the informant confidential; In case of a real-name report, the handling results shall be fed back. If it is verified to be true, the handling results shall be disclosed to the public according to law, and the whistleblower shall be rewarded.
If the informant reports to his unit, the unit shall not retaliate against the informant by rescinding or changing the labor contract or by other means.
Chapter IV Measures for the Prevention and Control of Air Pollution
Section I Prevention and Control of Pollution from Coal and Other Energy Sources
Article 32 The relevant departments of the State Council and local people's governments at all levels shall take measures to adjust the energy structure and promote the production and use of clean energy; We will optimize the way coal is used, promote the clean and efficient use of coal, gradually reduce the proportion of coal in primary energy consumption, and reduce the emission of air pollutants during 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. The newly-built coal mines shall simultaneously build supporting coal washing facilities to make the sulfur and ash content of coal meet the prescribed standards; The completed coal mines shall be equipped with supporting coal washing facilities within a time limit, except that the coal mined is of low sulfur and low ash content or does not need washing according to the requirements of coal-fired power plants that have met the discharge standards.
It is forbidden to mine coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards.
Article 34 The State adopts economic and technical policies and measures conducive to the clean and efficient use of coal, and encourages and supports the development and promotion of clean coal technology.
The State encourages coal mining enterprises to adopt reasonable and feasible technical measures to exploit and utilize coalbed methane and comprehensively utilize coal gangue. For those engaged in the exploitation and utilization of coalbed methane, the discharge of coalbed methane shall comply with relevant standards and specifications.
Article 35 The State prohibits the import, sale and burning of coal that does not meet the quality standards, and encourages the burning of high-quality coal.
Units storing coal, coal gangue, coal cinder, coal ash and other materials shall take anti-combustion measures to prevent atmospheric pollution.
Article 36 Local people's governments at all levels shall take measures to strengthen the management of civil bulk coal, prohibit the sale of coal that does not meet the quality standards of civil bulk coal, encourage residents to burn high-quality coal and clean briquette, and promote energy-saving and environment-friendly stoves.
Article 37 Oil refining enterprises shall
catalogue
Chapter I General Provisions
Chapter II Standards for the Prevention and Control of Air Pollution and Plans for Reaching Standards within a Time Limit
Chapter III Supervision and Administration of the Prevention and Control of Air Pollution
Chapter IV Measures for the Prevention and Control of Air Pollution
Section I Prevention and Control of Pollution from Coal and Other Energy Sources
Section 2 Prevention and Control of Industrial Pollution
Section III Pollution Prevention and Control of Motor Vehicles and Ships
Section IV Prevention and control of dust pollution
Section 5 Prevention and Control of Agricultural and Other Pollution
Chapter V Joint Prevention and Control of Air Pollution in Key Regions
Chapter VI Response to Heavy Pollution Weather
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of protecting and improving the environment, preventing and controlling atmospheric pollution, safeguarding public health, promoting the construction of ecological civilization, and promoting the sustainable development of economy and society.
Article 2 The prevention and control of atmospheric pollution should aim at improving the quality of the atmospheric environment, adhere to the source control, put planning first, change the mode of economic development, optimize the industrial structure and layout, and adjust the energy structure.
To prevent and control air pollution, we should strengthen the comprehensive prevention and control of air pollution such as coal, industry, motor vehicles and ships, dust, agriculture, etc., promote the joint prevention and control of regional air pollution, and implement the coordinated control of atmospheric pollutants such as particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds, ammonia, and greenhouse gases.
Article 3 People's governments at or above the county level shall incorporate the prevention and control of air pollution into their national economic and social development plans and increase their financial investment in the prevention and control of air pollution.
Local people's governments at all levels shall be responsible for the quality of the atmospheric environment in their respective administrative areas, formulate plans and take measures to control or gradually reduce the emission of atmospheric pollutants, so that the quality of the atmospheric environment can meet the prescribed standards and gradually improve.
Article 4 The competent department of ecological environment under the State Council, together with the relevant departments under the State Council, shall, in accordance with the provisions of the State Council, assess the completion of the objectives for improving the atmospheric environment quality and the key tasks for preventing and controlling atmospheric pollution of provinces, autonomous regions and municipalities directly under the Central Government. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate assessment measures to assess the completion of the local targets for improving the quality of the atmospheric environment and the key tasks for the prevention and control of atmospheric pollution within their respective administrative regions. The assessment results shall be made 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 management over the prevention and control of air pollution.
Other relevant departments of the people's governments at or above the county level shall exercise supervision and administration over the prevention and control of air pollution within the scope of their respective duties.
Article 6 The State encourages and supports scientific and technological research in the prevention and control of atmospheric pollution, carries out analysis of the sources of atmospheric pollution and their changing trends, popularizes advanced and applicable technologies and equipment for the prevention and control of atmospheric 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 atmospheric pollution.
Article 7 Enterprises, institutions and other producers and operators shall take effective measures to prevent and reduce atmospheric pollution, and shall be liable for the damage caused according to law.
Citizens should enhance their awareness of atmospheric environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their obligations of atmospheric environmental protection.
Chapter II Standards for the Prevention and Control of Air Pollution and Plans for Meeting the Standards within a Time Limit
Article 8 The competent department of ecological environment 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 atmospheric environment with the aim of safeguarding public health and protecting the ecological environment, adapt to economic and social development, and be scientific and reasonable.
Article 9 The competent department of ecological environment under the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the standards for the discharge of atmospheric pollutants on the basis of the standards for the quality of the atmospheric environment and the national economic and technological conditions.
Article 10 In formulating the standards for the quality of the atmospheric environment and the standards for the discharge of atmospheric pollutants, experts shall be organized to examine and demonstrate them, and opinions from relevant departments, trade associations, enterprises and 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 free reference and download by the public.
Article 12 The implementation of the atmospheric environmental quality standards and the standards for the discharge of atmospheric pollutants shall be assessed regularly, and the standards shall be revised in due time according to the assessment results.
Article 13 The formulation of quality standards for products containing volatile organic compounds such as coal, petroleum coke, biomass fuels, paints, fireworks, and boilers should clarify the requirements for atmospheric environmental protection.
The formulation of fuel quality standards should comply with the national air pollutant control requirements, and should be implemented in synchronization with the national air pollutant emission standards for motor vehicles, ships, and non road mobile machinery.
The non-road mobile machinery mentioned in the preceding paragraph refers to mobile machinery and transportable industrial equipment equipped with engines.
Article 14 The people's governments of cities that fail to meet the national standards for atmospheric environment quality shall promptly formulate plans for meeting the standards for atmospheric environment quality within a time limit and take measures to meet the standards for atmospheric environment quality within the time limit prescribed by the State Council or the people's governments at the provincial level.
In formulating the plan for meeting the standards of urban atmospheric environment quality within the time limit, the opinions of relevant industry associations, enterprises and institutions, experts and the public shall be solicited.
Article 15 The plans for meeting the standards of urban atmospheric environment quality within a time limit shall be made public to the public. The plans of the municipalities directly under the Central Government and the cities divided into districts for reaching the standard of atmospheric environmental quality within the time limit shall be submitted to the competent department of ecological environment under the State Council for the record.
Article 16 Urban people's governments shall report to the people's congress or its standing committee at the corresponding level on the implementation of the plan for reaching the standard of atmospheric environmental quality within the time limit and make it public when reporting to the people's congress or its standing committee on the environmental conditions and the completion of environmental protection objectives.
Article 17 The plans for meeting the standards of urban atmospheric environmental quality within the time limit shall be evaluated and revised in due time in accordance with the requirements for the prevention and control of atmospheric pollution and the economic and technical conditions.
Chapter III Supervision and Administration of the Prevention and Control of Air Pollution
Article 18 Enterprises, institutions and other producers and operators that construct projects that have an impact on the atmospheric environment shall carry out environmental impact assessment and publish environmental impact assessment documents according to law; Those who discharge pollutants into the atmosphere shall comply with the standards for the discharge of atmospheric pollutants and comply with the requirements for the total amount control of key atmospheric pollutants.
Article 19 Enterprises and institutions that discharge industrial waste gas or toxic and harmful atmospheric pollutants listed in the directory specified in Article 78 of this Law, the production and operation units of coal-fired heat sources of central heating facilities, and other units that implement pollution discharge license management according to law shall obtain pollution discharge licenses. The specific measures and implementation steps for pollutant discharge permit shall be formulated by the State Council.
Article 20 Enterprises, institutions and other producers and operators that discharge pollutants into the atmosphere 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 stealing, 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 atmospheric pollution prevention and control facilities to avoid supervision.
Article 21 The State exercises total control over the discharge of key atmospheric pollutants.
The goal of total emission control of key atmospheric pollutants shall be submitted to the State Council for approval and implementation by the competent department of ecological environment under the State Council after consultation with the relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall control or reduce the total amount of key air pollutants discharged in their respective administrative regions in accordance with the total amount control targets issued by the State Council.
The specific measures for determining the total amount control objectives and decomposing the total amount control indicators shall be formulated by the competent ecological and environmental department of the State Council in conjunction with the relevant departments of the State Council. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of the prevention and control of air pollution in their respective administrative regions, exercise total control over the discharge of air pollutants other than the national key air pollutants.
The state will gradually promote the trading of key air pollutant emission rights.
Article 22 For areas that exceed the national total emission control targets of key atmospheric pollutants or fail to meet the national targets for improving the atmospheric environment quality, the competent ecological and environmental departments of the people's governments at or above the provincial level shall, together with the relevant departments, interview the main responsible persons of the people's governments in the area, and suspend the examination and approval of the environmental impact assessment documents of the construction projects that increase the total emission of key atmospheric pollutants in the area. The interview should be made public.
Article 23 The competent department of ecological environment under the State Council shall be responsible for formulating the standards for monitoring and evaluating the quality of the atmospheric environment and the sources of atmospheric pollution, organizing the construction and management of the national monitoring network for the quality of the atmospheric environment and the sources of atmospheric pollution, organizing the monitoring of the quality of the atmospheric environment and the sources of atmospheric pollution, and uniformly publishing the information on the quality of the national atmospheric environment.
The competent department of ecological environment of the local people's government at or above the county level is responsible for organizing the construction and management of the monitoring network of the atmospheric environment quality and air pollution sources in its administrative region, carrying out the monitoring of the atmospheric environment quality and air pollution sources, and uniformly publishing the information of the atmospheric environment quality in its administrative region.
Article 24 Enterprises, institutions and other producers and operators shall, in accordance with the relevant regulations and monitoring standards of the State, monitor the industrial waste gas discharged by them and the toxic and harmful atmospheric pollutants listed in the directory specified in Article 78 of this Law, and keep the original monitoring records. Among them, key pollutant discharging units shall install and use automatic monitoring equipment for air pollutant discharge, and network with the monitoring equipment of the competent ecological environment department to ensure the normal operation of the monitoring equipment and disclose the emission information according to law. The specific measures for monitoring and the conditions for key pollutant discharge units shall be formulated by the competent department of ecological environment under the State Council.
The list of key pollutant discharging units shall be determined by the competent ecological environment department of the local people's government at or above the municipal level divided into districts, in accordance with the provisions of the competent ecological environment department under the State Council, in consultation with the relevant departments and in accordance with the atmospheric environmental carrying capacity of the administrative region, the requirements of the total emission control indicators of key atmospheric pollutants, and the types, quantities and concentrations of atmospheric pollutants discharged by the pollutant discharging units, and other factors, and shall be published to the public.
Article 25 Key pollutant discharging units shall be responsible for the authenticity and accuracy of automatic monitoring data. If the competent department of ecological environment finds that the transmission data of the automatic monitoring equipment for the emission of atmospheric pollutants of key pollutant discharging units is abnormal, it shall promptly investigate.
Article 26 It is forbidden to occupy, damage, or move or change the atmospheric environment quality monitoring facilities and the automatic monitoring equipment for the emission of atmospheric pollutants without authorization.
Article 27 The State implements 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, together 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 incorporate them into the national comprehensive industrial policy catalogue.
Producers, importers, sellers or users shall stop producing, importing, selling or using the equipment and products listed in the catalogue specified in the preceding paragraph within the prescribed time limit. The adopter of the technology shall stop using the technology listed in the catalog specified in the preceding paragraph within the specified time limit.
The obsolete equipment and products shall not be transferred to others for use.
Article 28 The competent department of ecological environment under the State Council shall establish and improve the assessment system of air pollution damage in conjunction with relevant departments.
Article 29 The competent departments of ecological environment, their environmental law enforcement agencies and other departments responsible for the supervision and administration of atmospheric environmental protection have the right to supervise and inspect enterprises, institutions and other producers and operators that discharge atmospheric pollutants through on-site inspection and monitoring, automatic monitoring, remote sensing monitoring, far-infrared photography and other means. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting inspections shall keep business secrets for the inspected.
Article 30 Where enterprises, institutions and other producers and operators discharge atmospheric pollutants in violation of the provisions of laws and regulations, which cause or may cause serious atmospheric pollution, or where relevant evidence may be lost or hidden, the competent department of ecological environment of the people's government at or above the county level and other departments responsible for the supervision and administration of atmospheric environmental protection may take administrative coercive measures such as sealing up and seizing the relevant facilities, equipment and articles.
Article 31 The department in charge of ecological environment and other departments responsible for the supervision and administration of atmospheric environmental protection shall publish the telephone number and e-mail address for the public to report.
The competent department of ecological environment and other departments responsible for the supervision and management of atmospheric environmental protection shall promptly handle the report and keep the relevant information of the informant confidential; In case of a real-name report, the handling results shall be fed back. If it is verified to be true, the handling results shall be disclosed to the public according to law, and the whistleblower shall be rewarded.
If the informant reports to his unit, the unit shall not retaliate against the informant by rescinding or changing the labor contract or by other means.
Chapter IV Measures for the Prevention and Control of Air Pollution
Section I Prevention and Control of Pollution from Coal and Other Energy Sources
Article 32 The relevant departments of the State Council and local people's governments at all levels shall take measures to adjust the energy structure and promote the production and use of clean energy; We will optimize the way coal is used, promote the clean and efficient use of coal, gradually reduce the proportion of coal in primary energy consumption, and reduce the emission of air pollutants during 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. The newly-built coal mines shall simultaneously build supporting coal washing facilities to make the sulfur and ash content of coal meet the prescribed standards; The completed coal mines shall be equipped with supporting coal washing facilities within a time limit, except that the coal mined is of low sulfur and low ash content or does not need washing according to the requirements of coal-fired power plants that have met the discharge standards.
It is forbidden to mine coal containing toxic and harmful substances such as radioactive and arsenic that exceed the prescribed standards.
Article 34 The State adopts economic and technical policies and measures conducive to the clean and efficient use of coal, and encourages and supports the development and promotion of clean coal technology.
The State encourages coal mining enterprises to adopt reasonable and feasible technical measures to exploit and utilize coalbed methane and comprehensively utilize coal gangue. For those engaged in the exploitation and utilization of coalbed methane, the discharge of coalbed methane shall comply with relevant standards and specifications.
Article 35 The State prohibits the import, sale and burning of coal that does not meet the quality standards, and encourages the burning of high-quality coal.
Units storing coal, coal gangue, coal cinder, coal ash and other materials shall take anti-combustion measures to prevent atmospheric pollution.
Article 36 Local people's governments at all levels shall take measures to strengthen the management of civil bulk coal, prohibit the sale of coal that does not meet the quality standards of civil bulk coal, encourage residents to burn high-quality coal and clean briquette, and promote energy-saving and environment-friendly stoves.
Article 37 Oil refining enterprises shall
