Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution

Chapter I General Provisions

Chapter II Standards of the prevention and control of atmospheric pollution and plans to meet the standards within the time limit

Chapter III Supervision over the Prevention and Control of Atmospheric Pollution

Chapter IV Measures for the Prevention and Control of Atmospheric Pollution

　Section 1 Prevention and Control of Atmospheric Pollution Caused by Burning Coal and Other Energy

　Section 2　Industrial pollution prevention

　Section 3　Pollution prevention of motor vehicles and ships

　Section 4　Dust pollution prevention

　Section 5　Agriculture and other pollution prevention

Chapter V　Joint prevention and control of air pollution in key areas

Chapter VI　Heavy pollution weather response

Chapter VII　legal liability

Chapter VIII　Supplementary Provisions

Chapter I General Provisions

Article 1  This Law is formulated for the purpose of preventing and controlling atmospheric pollution, protecting and improving people's environment and the ecological environment, safeguarding human health, and promoting the sustainable development of economy and society.

Article 2  In preventing and controlling atmospheric pollution, with the target set at improving the quality of the ambient air, we should address problems at the source and prioritize overall planning. It is necessary to transform economic development mode, rationalize the structure and distribution od industry, as well as readjust energy structure.

In preventing and controlling atmospheric pollution, comprehensive measures should be taken against the pollution caused by the burning of coal, industrial production, motor vehicles and vessels, dust as well as agircultural activities etc. Joint effort should be made across region and coordinated control should be taken upon air pollutants and greenhouse gases including particles, sulphurdioxide, nitrogen oxides,volatile organic compounds,and ammonia etc..

Article 3  People's government at or above the county level must incorporate prevention and control of atmospheric pollution into their economic and social development plans  and increase fiscal investment in this regard.

local government at various levels shall be responsible for the quality of the atmospheric environment under their own jurisdictions. They should make plans and take measures to control or gradually reduce the emission of atmospheric pollutants and to make the quality of the atmospheric environment under their own jurisdictions meet the prescribed standard and continue improving over time. 

Article 4  The competent department of environmental protection under the State Council, in conjunction with other department under State Council, shall assess, in accordance with regulations of the State Council, the progress made by provinces, autonomous regions and municipalities directly under the Central Government in realizing the targets of improving the quality of the atmospheric environment and in undertaking key tasks of preventing and controlling atmospheric pollution.People's government of the provinces,  autonomous regions and municipalities directly under the Central Government should define standards to assess the progress under their own jurisdictions so as to realize the  targets of improving the quality of the atmospheric environment and to undertake key task of preventing and controlling atmospheric pollution. Assessment results should be publicly disclosed.　

Article 5  The administrative department of environmental protections under the people's governments at or above the county level shall be the instrument conducting unified supervision and management of the prevention and control of atmospheric pollution.

The relevant administrative departments under the people's governments at or above the county level shall, within their respective functions, supervise and administer the  prevention and control of atmospheric pollution.

Article 6  The State encourages and supports scientific research on air pollution prevention and control, conducts analysis of atmospheric pollution sources and their changing trends, promotes advanced and applicable air pollution prevention technologies and equipment, promotes the transformation of scientific and technological achievements, and plays a supporting role for science and technology in the prevention and control of atmospheric pollution.

Article 7　Enterprises and institutions and other producers and operators shall take effective measures to prevent and reduce air pollution and take responsibility for the damage they cause.

Citizens should enhance their awareness of atmospheric environmental protection, adopt a low-carbon, thrifty lifestyle, and consciously perform their duties in protecting the atmosphere.

Chapter II Standards of the prevention and control of atmospheric pollution and plans to meet the standards within the time limit

Article 8　The competent environmental protection department of the State Council or the people's government of the province, autonomous region, or municipality directly under the Central Governmenthas established air quality standards, which shall be aimed at protecting public health and protecting the ecological environment, be compatible with economic and social development, and be scientific and reasonable.

Article 9　The competent department of environmental protection under the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government shall formulate the standards for the discharge of air pollutants, which shall be based on the air quality standards and the national economic and technological conditions.

Article 10　To formulate atmospheric environmental quality standards and atmospheric pollutant discharge standards, experts shall be organized to review and demonstrate, and opinions from relevant departments, industry associations, enterprises, public institutions, and the public shall be solicited.

Article 11　The competent department of environmental protection of the people's government at or above the provincial level shall publish on its website the standards for the quality of atmospheric environment and the standards for the discharge of atmospheric pollutants, which are available to the public for free inspection and download.

Article 12　The implementation of atmospheric environmental quality standards and air pollutant discharge standards should be regularly evaluated, and the standards should be revised in due course based on the assessment results.

Article 13　The quality standards for products such as coal-fired, petroleum coke, biomass fuels, paints and other products containing volatile organic compounds, fireworks, and boilers shall be formulated, and the requirements for atmospheric environmental protection shall be clearly defined.

The formulation of fuel quality standards shall comply with the national requirements for air pollutants control, and shall be linked to the national air pollutant discharge standards for motor vehicles, ships and non-road mobile machinery, and shall be implemented simultaneously.

The non-road mobile machinery mentioned in the preceding paragraph refers to a mobile machine equipped with an engine and transportable industrial equipment.

Article 14　The people's government that does not meet the national standards for atmospheric environmental quality shall formulate plans for meeting the deadlines for the quality of atmospheric environment in a timely manner, take measures, and meet the atmospheric environmental quality standards within the time limit prescribed by the State Council or the provincial people's government.

To formulate plans for urban air quality quality deadlines, relevant industry associations, enterprises, institutions, experts, and the public should be consulted.

Article 15　Urban atmosphere quality deadlines planning should be open to the public. The planning of the atmospheric environment quality deadlines for the municipalities directly under the Central Government and cities divided into districts shall be reported to the competent department of environmental protection under the State Council for the record.

Article 16　Municipal people's governments should incorporate the progress in implementing the plans to meet the standards of the quality of atmospheric environment within the time limit in their report to the people's congress at the corresponding level or its standing committee and disclose these plans to the public.

Article 17　Municipal plans to meet the standards of the quality of atmospheric environment within the time limit should be formulated, assessed and revised in accordance with the requirements for the pevention and control of atmospheric pollution and the municipal economic and technological conditions.

Chapter III Supervision over the Prevention and Control of Atmospheric Pollution

Article 18　Enterprises, public institution and other producers and business operators when undertaking project with impact on the atmospheric environment, should assess the environmental impact in accordance with the law and disclose the environment impact statement; and should, if atmospheric pollutants are discharged during the project, abide by the standards of the discharge of atmospheric pollutants and the total emission control policy on key atmospheric pollutants. 

Article 19　License for emission should be acquired by enterprises and public institutions emitting industrial exhaust or toxic and harmful atmosoheric pollutants listed in the catalog of Article 78 of this law, by producers and operators of coal and heat sources with central heating equipment and by other units under the permit system for pollutant discharge. Concrete measures and implementing procedures shall be prescribed by the State Council.

Article 20　Enterprises, public institutions and other producers and business operators, if discharging atmospheric pollutants, should install discharge outlets in accordance with laws and regulations as well as the provisions of the competent department of environmental protrction under the State Council.

Emission of ztmospheric pollutants through avoiding monitoring is strictly prohibited, with includes emitting secretly, falsifying and forging statistics, suspending production temporarily to avoid on-spot inspection, using emergency emission outlets under non-emergent circumstances and using the equipment to prevent and control atmospheric pollution under abnormal conditions.

Article 21　The State imposes control on the total emissions of key atmospheric pollutants.

The target for controlling total emission of key atmospheric pollutants shall be approved by the State Council’s competent department of economics and submitted to the State Council for approval and implementation after the State Council’s competent department of environmental protection consults relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall control or reduce the total emission of key atmospheric pollutants in their respective administrative regions in accordance with the total control objectives issued by the State Council.

The specific measures for the determination of total control objectives and the decomposition of total control indicators shall be prescribed by the competent department of environmental protection under the State Council in conjunction with the relevant departments of the State Council. People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the needs of prevention and control of atmospheric pollution in their respective administrative regions, impose total control over the discharge of other atmospheric pollutants other than the national key atmospheric pollutants.

The State gradually implements emissions trading of key atmospheric pollutants.

Article 22　For regions exceeding the State quota of emitting major atmospheric pollutant or not meeting the State targets of improving the quality of atmospheric environment, the competent department of environmental protection under people's governments at or above the provincial level should suspend approval of the environment impact statements for new construction projects that would add to total

emission of major atmospheric pollutants and should, together with other relevant departments, schedule meetings with major leading oficials of the local government. The results of such meetings should be public disclosed.

Article 23　The competent department of environmental protection under the State Council is responsible for establishing the standards of the quality of atmospheric environmental and of the monitoring  

and assessment upon sources of  atmospheric pollution. It organizes and manages the nation-wide monitoring network for the quality of atmospheric environment and sources of atmospheric pollution,  monitors the quality of atmospheric environment and sources of atmospheric pollution and releases unified information about the of atmospheric environment of the nation. 

The competent department of environmental protection of the local people's government at or above the county level shall be responsible for organizing the construction and management of the monitoring network of the atmospheric environment quality and atmospheric pollution sources in the administrative region, conducting monitoring of the atmospheric environment quality and atmospheric pollution sources, and uniformly releasing information on the atmospheric environmental quality of the administrative region.

Article 24　Enterprises and institutions and other producers and operators shall, in accordance with relevant state regulations and monitoring norms, monitor their industrial waste gases and toxic and hazardous atmospheric pollutants listed on the list as prescribed in Article 78 of this Law, and keep the original monitoring records. Among them, the key pollutant discharge units should install and use automatic air pollutant discharge monitoring equipment and network with the monitoring equipment of the competent department of environmental protection to ensure the normal operation of the monitoring equipment and disclose the discharge information according to law. The specific measures for monitoring and the conditions for the key pollutant discharge units shall be stipulated by the competent department of environmental protection under the State Council.

Article 25　The key emitters shall be responsible for the authenticity and accuracy of the automatic monitoring data. The competent department of environmental protection finds that the transmission data of the automatic monitoring equipment for atmospheric pollutants emitted by the key pollutant discharge units is abnormal and should be promptly investigated.

Article 26　Prohibitions are imposed upon occupying, destorying, altering and removing, without proper approval, the monitoring facilities of the quality of atmospheric environment and automated devices to monitor the discharge of atmospheric pollutnats.

Article 27　The State shall eliminate backward production techniques equipment and products that seriously pollute the atmospheric environment.

The competent department for comprehensive economic affairs under the State Council shall, in conjunction with the relevant departments of the State Council, determine the deadlines for the elimination of processes, equipment, and products that seriously pollute the atmosphere, and incorporate them into the national comprehensive industrial policy catalog.

Producers, importers, sellers or users shall stop production, import, sales or use of the equipment and products listed in the catalogue provided in the preceding paragraph within the prescribed time limit. The adopter of the process shall stop using the processes listed in the catalogue provided in the preceding paragraph within the prescribed time limit.

Equipment and products that have been eliminated cannot be transferred to others.

Article 28　The competent department of environmental protection under the State Council shall, in conjunction with relevant departments, establish and improve an air pollution damage assessment system.

Article 29　The competent department of environmental protection, its designated environmental supervisory bodies and other departments with responsibilities to supervise and manage the protection of atmospheric environment are entitled to supervise and inspect enterprises, public institutions and other producers and business operators that discharge atmospheric pollutants through on-side inspection and monitoring, automated monitoring, long-distance monitoring and infrared videos. The units inspected must trutufully report the situztion and provide necessary information. The inspecing departments and bodies as well as their staff shall keep confidential the business screts of the units inspected.

Article 30　If enterprises, public insititutions and other produces and business opreators have caused or the potential to cause severe atmospheric pollution by chareing atmospheric pollutnats against the laws and regulations, or if relevant evidence may be eliminated or concealed, the competent department of environmental protection under people's governments at or above the country level and other departments with responsibilities to supervise and manage the protection of atmospheric environment may take compulsory administrative measures including sealing up or distraining relevant facilities, equipment or goods.

Article 31　The competent department of environmental protection and other departments responsible for the supervision and management of atmospheric environmental protection shall make public reports such as telephone calls and e-mails to facilitate public reporting.

Upon receiving such reports, The competent department of environmental protection and other departments with responsibilities to supervise and manage the protection of atmospheric environment should handle the reports in due time and keep confidentical relevant informationabout the informants. For real name reports, these department shall offer feedbacks upon how they handle the reports. For verified reports, the investigation and settlement results shall be publicly disclosed in accordance with the law and corresponding informants shall be rewarded.

Units reported by their own staff must not retaliate against the informants by means including terminating or modifying labor contracts.

Chapter IV Measures for the Prevention and Control of Atmospheric Pollution

Section 1 Prevention and Control of Atmospheric Pollution Caused by Burning Coal and Other Energy

Article 32　Relevant departments under the State Council and local governments at various levels shall adopt measures to improve the energy structure, promote the production and use of clean energy, optimize the use of coal, promote the efficient and clean use of coal, gradually reduce the proportion of coal in primary energy consumption, and reduce coal production.

Article 33　The state promotes coal washing and processing to reduce the sulfur and ash content of coal and limit the exploitation of high-sulfur and high-ash coal. Newly-built coal mines shall simultaneously build supporting coal washing facilities so that the coal's sulfur content and ash content meet the required standards. The existing coal mines must have low sulfur content, low ash content, or coal-fired power plant emission standards that meet the standards. In addition to the need for washing, an appropriate coal washing facility shall be established within a time limit.

It is prohibited to mine the coal containing toxic or harmful substances like arsenic and radioactive substances, which exceed the prescribed limits.

Article 34　The state adopts economic and technological policies and measures conducive to the clean and efficient use of coal, and encourages and supports the development and promotion of clean coal technologies.

The state encourages coal mining companies to adopt reasonable and feasible technical measures to carry out the exploitation and utilization of coalbed methane, and to make comprehensive use of coal gangue. For exploitation and utilization of coal bed methane, the emission should meet relevant standards.

Article 35   The State prohibits the import, sale and burning of coal that does not meet quality standards and encourages the use of high-quality coal.

Units that store coal, coal gangue, coal cinder, coal ash and other materials shall take fire-fighting measures to prevent air pollution.

Article 36　Local people's governments at various levels shall take measures to strengthen the management of civilian scattered coal, prohibit the sale of coal that does not meet the civilian bulk quality standards, encourage residents to burn high-quality coal and clean coal, and promote energy-saving and environmentally friendly stoves.

Article 37　petroleum refineries shall abide by the prescribed quality standards during their oil production.

It is prohibited to import, sell, burn and use petroleum coke that does not meet the quality  standards.

Article 38　The urban people's government can delimit and publish high-polluted fuel-free zones, and gradually expand the scope of high-pollution fuel-free zones according to the requirements for improving the quality of the atmospheric environment. The catalogue of highly polluting fuels shall be determined by the environmental protection department of the State Council. It is forbidden to sell or burn highly polluting fuel in the no-burn zone; It is forbidden to build or expand new facilities that use highly polluting fuel. If it has been completed, it should be converted to natural gas, shale gas, liquefied stone, oil and gas, electricity or other clean energy within the time limit set by the people's government.

Article 39　Urban construction should be planned in an integrated manner to promote cogeneration and central heating in coal-fired heating areas. In the area covered by central heating pipe network, it is forbidden to build or expand decentralized coal-fired heating boilers; the coal-fired heating boilers that have been completed that cannot meet the standard discharge shall be demolished within the time limit prescribed by the Municipal People's Government.

Article 40　The quality supervision department of the people's government at or above the county level shall, in conjunction with the competent department of environmental protection, supervise and inspect the implementation of environmental protection standards or requirements for the production, import, sale and use of boilers; If it does not meet the environmental protection standards or requirements, it shall not be produced, imported, sold or used.

Article 41　Coal-fired power plants and other coal-fired units should adopt clean production processes, support construction of dust removal, desulfurization, denitrification and other equipment, or adopt technical reforms and other measures to control the emission of atmospheric pollutants.

The state encourages coal-fired units to adopt advanced technologies and devices for coordinated control of atmospheric pollutants such as dedusting, desulfurization, denitrification and mercury removal to reduce emissions of atmospheric pollutants.

Article 42　Power dispatching should prioritize clean energy power generation online.

Section 2 Industrial Pollution Prevention

Article 43　For the discharge of dust, sulfide and nitrogen oxides in the production process of steel, building materials, non-ferrous metals, petroleum, chemical and other enterprises. Clean production processes should be adopted, and facilities such as dust removal, desulfurization and denitration should be built, or other measures to control the emission of atmospheric pollutants should be adopted.

Article 44　The production, import, sale and use of volatile organic compounds and products containing volatile organic compounds should meet the quality standards or requirements.

The State encourages the production, import, sale and use of low toxicity, low volatility organic solvents.

Article 45　Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined spaces or equipment, and installation and use of pollution prevention facilities in accordance with regulations; if it is not sealed, measures shall be taken to reduce exhaust emissions.

Article 46　Industrial coating companies should use low VOC content coatings and establish accounts to record the amount of raw materials used, excipients used, waste, fate, and volatile organic compounds. The retention period of the ledger shall not be less than three years.

Article 47　Petroleum, chemical and other enterprises that produce and use organic solvents shall take measures to carry out routine maintenance and repair of pipelines and equipment, reduce material leakage, and collect and dispose of leaked materials in time. Oil storage and gas storage, refueling and gas station, crude oil product oil terminal, crude oil product oil transportation ship and tank truck, gas tank car, etc., shall install the oil and gas recovery device in accordance with relevant state regulations and maintain normal use.

Article 48　Enterprises such as iron and steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical, and mineral mining should strengthen fine management and adopt centralized collection and treatment measures to strictly control the discharge of dust and gaseous pollutants.

Industrial production enterprises shall adopt measures such as sealing, enclosure, covering, cleaning and watering to reduce the discharge of dust and gaseous pollutants generated by the internal materials storage, transmission, loading and unloading.

Article 49　Combustible gases produced by industrial production, landfill or other activities shall be recycled. If there is no recycling condition, pollution prevention and treatment shall be carried out.

If the flammable gas recovery and utilization device fails to operate normally, it shall be repaired or updated in time. Where it is necessary to discharge flammable gas during the period when the recycling device is not working properly, the flammable gas discharged should be fully burned or other measures to control the emission of atmospheric pollutants should be taken. And report to the local environmental protection authority, repair or update within the time limit as required.

Section 3 Pollution prevention and control of motor vehicles and ships

Article 50　The state advocates low-carbon and environmentally-friendly travel, rationally controls the number of fuel vehicles in accordance with urban planning, vigorously develops urban public transportation, and increases the proportion of public transportation.

The state adopts measures such as finance, taxation, and government procurement to promote the application of energy-saving and environmentally-friendly and new-energy motor vehicles and non-road mobile machinery, limiting the development of high-fuel consumption, high-emission motor vehicles and non-road mobile machinery, and reducing the consumption of fossil energy.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in the areas where conditions are available, implement the emission limits of the corresponding national air pollutant emission standards in advance and report them to the competent department of environmental protection under the State Council for the record.

The urban people's government should strengthen and improve urban traffic management, optimize road settings, and ensure the continuity and smoothness of sidewalks and non-motorized roads.

Article 51　Motor vehicles and non-road mobile machinery shall not exceed the standard emission of atmospheric pollutants.

It is forbidden to produce, import or sell motor vehicles and ships and non-road mobile machinery with air pollutants exceeding the standard.

Article 52　Motor vehicle and non-road mobile machinery manufacturers shall conduct emission inspections on newly produced motor vehicles and non-road mobile machinery. Only after passing the inspection can the factory be sold. Inspection information should be disclosed to the public.

The competent department of environmental protection of the people's government at or above the provincial level may, through on-site inspection and sampling inspection, strengthen supervision and inspection of the discharge of air pollutants from newly produced and sold motor vehicles and non-road mobile machinery. Relevant departments such as industry, quality supervision, and industrial and commercial administration shall cooperate.

Article 53　The motor vehicle in use shall be periodically tested by the motor vehicle emission inspection agency in accordance with the relevant provisions of the state or locality. Only after passing the test can you drive on the road. The traffic control department of the public security organ shall not issue a safety technology inspection conformity mark without passing the inspection. 

The competent department of environmental protection of the local people's government at or above the county level may supervise and measure the discharge of atmospheric pollutants in the motor vehicles in the centralized parking place and maintenance site of the motor vehicle; Without affecting the normal traffic conditions, the air pollutant discharge status of motor vehicles traveling on the roads may be supervised and measured by means of remote sensing monitoring and other technical means, and the traffic administrative department of the public security organ shall cooperate.

Article 54　The motor vehicle emission inspection agency shall pass the measurement certification according to law and use the motor vehicle emission inspection equipment that has passed the verification according to law. In accordance with the norms formulated by the environmental protection department of the State Council, the vehicle shall be tested for emissions and networked with the competent department of environmental protection to realize real-time sharing of inspection data. The motor vehicle emission inspection agency and its responsible person are responsible for the authenticity and accuracy of the inspection data.

The competent department of environmental protection and the certification and accreditation regulatory department shall supervise and inspect the discharge inspection of the motor vehicle emission inspection agency.

Article 55　Motor vehicle production and import enterprises shall announce to the public the emission inspection information, pollution control technical information and relevant maintenance technical information of their production and imported motor vehicle models.

The motor vehicle maintenance unit shall, in accordance with the requirements for prevention and control of air pollution and relevant national technical regulations, repair the in-use motor vehicle to meet the prescribed emission standards. The competent department of transportation and environmental protection shall strengthen supervision and management according to law.

It is forbidden for the owner of the motor vehicle to pass the vehicle emission test by means of temporary replacement of the vehicle pollution control device and other methods of fraud. Motor vehicle maintenance units are prohibited from providing such maintenance services. It is forbidden to destroy the vehicle emission diagnostic system of the motor vehicle.

Article 56　The competent department of environmental protection shall, in conjunction with the relevant departments of transportation, housing and urban construction, agricultural administration, and water administration, supervise and inspect the discharge of atmospheric pollutants from non-road mobile machinery. If the discharge is unqualified, it shall not be used.

Article 57　The state advocates eco-driving and encourages motor vehicle motorists to extinguish the engine without affecting road traffic and need to park for more than three minutes to reduce emissions of atmospheric pollutants.

Article 58　The state establishes an environmental protection recall system for motor vehicles and non-road mobile machinery.

Production and import enterprises shall be recalled if they know that the emission of atmospheric pollutants from motor vehicles and non-road mobile machinery exceeds the standard and belongs to design, production defects or non-compliance with environmental protection durability requirements; If it is not recalled, the quality supervision department of the State Council shall, in conjunction with the environmental protection department of the State Council, order its recall.

Article 59　If a heavy-duty diesel vehicle or a non-road mobile machinery is not installed with a pollution control device or the pollution control device does not meet the requirements and cannot meet the standard discharge, the pollution control device that meets the requirements shall be installed or replaced.

Article 60　Where the emission of atmospheric pollutants exceeds the standard in motor vehicles, maintenance shall be carried out; after the maintenance or the use of pollution control technology, if the emission of atmospheric pollutants still does not meet the national emission standards for motor vehicles in use, it shall be compulsory. All of them shall sell the motor vehicles to the scrapped motor vehicle recycling and dismantling enterprises, and the scrapped motor vehicle recycling and dismantling enterprises shall be registered, dismantled and destroyed in accordance with relevant state regulations.

The state encourages and supports high-emission motor vehicles and non-road mobile machinery to be scrapped in advance.

Article 61　The urban people's government can delineate and publish areas that prohibit the use of high-emission non-road mobile machinery according to the quality of the atmospheric environment.

Article 62　The ship inspection agency conducts emission tests on the ship's engine and related equipment. Ships can operate only if they meet the national emission standards.

Article 63　Inland rivers and rivers and direct ships should use ordinary diesel fuel that meets the standards. Marine vessels should use fuel for ships that meet the requirements for air pollutant control after they have arrived at the port.

The new terminal should plan, design and construct shore-based power supply facilities; the completed terminal should gradually implement the transformation of shore-based power supply facilities. Shore power should be used preferentially after the ship is in port.

Article 64　The competent transportation department of the State Council may delineate the ship's air pollutant emission control zone in the coastal waters, and the ships entering the emission control zone shall meet the ship-related emission requirements.

Article 65　It is forbidden to produce, import or sell non-compliant motor vehicles and non-road mobile machinery fuels; it is prohibited to sell ordinary diesel and other non-motor vehicle fuels to automobiles and motorcycles; It is forbidden to sell residual oil and heavy oil to non-road mobile machinery, inland rivers and rivers and direct ships.

Article 66　The hazardous substances content of engine oil, nitrogen oxide reducing agent, fuel and lubricating oil additives and other additives and other atmospheric environmental protection indicators shall comply with the requirements of relevant standards.The effects and durability of motor vehicle pollution control devices shall not be impaired, and new air pollutant emissions shall not be added.

Article 67　The state actively promotes the prevention and control of air pollution in civil aircraft and encourages effective measures to reduce atmospheric pollutant emissions during the design, production and use.

Civil aircraft shall comply with the relevant engine discharge requirements in the airworthiness standards set by the State.

Section 4 Prevention and Control of Dust Pollution

Article 68　Local people's governments at all levels shall strengthen the management of construction and transportation, keep roads clean, control piles and slag piles, expand green space, water surface, wetland and ground pavement area to prevent dust pollution.

Relevant departments such as housing urban and rural construction, city appearance and environmental sanitation, transportation, land and resources, etc., should do a good job in prevention and control of dust pollution in accordance with the responsibilities determined by the people's government at the same level.

Article 69　The construction unit shall include the cost of preventing and controlling dust pollution into the project cost, and clarify the responsibility for the prevention and control of dust pollution of the construction unit in the construction contract. The construction unit shall formulate specific implementation plans for the prevention and control of construction dust pollution.

Construction units engaged in housing construction, municipal infrastructure construction, river improvement and building demolition shall file with the competent department responsible for supervising and managing the prevention and control of dust pollution.

The construction unit shall set up a hard enclosure at the construction site, and adopt effective measures such as covering, segmentation, timing construction, watering and dust suppression, flushing the ground and vehicles. Construction earthwork, engineering dregs, and construction waste shall be cleared and transported in time; if they are piled up in the site, they shall be covered with a closed dust-proof net. Engineering waste and construction waste should be recycled.

The construction unit shall publicize the dust pollution prevention measures, the responsible person, and the dust supervision and management department at the construction site.

For construction land that cannot be started temporarily, the construction unit shall cover the exposed ground; for more than three months, it shall be greened, paved or covered.

Article 70　Vehicles transporting bulk, fluid materials such as coal, garbage, muck, gravel, earthwork, mortar, etc. shall adopt airtight or other measures to prevent dust from being contaminated by materials and drive according to the prescribed route.

The loading and unloading materials should be sealed or sprayed to prevent dust pollution.

The urban people's government shall strengthen the cleaning and cleaning management of roads, plazas, parking lots and other public places, and implement low-dust operation methods such as clean and mechanical mechanized cleaning to prevent and control dust pollution.

Article 71　The municipal rivers and rivers along the rivers, the bare ground of public land and other cities exposed to the ground, the relevant departments should organize the implementation of greening or permeable paving according to the plan.

Article 72　Materials that are easy to generate dust, such as coal, coal gangue, coal slag, coal ash, cement, lime, gypsum, sand, etc., should be sealed; If it cannot be sealed, it shall be set up with a tight enclosure not lower than the height of the stack, and effective measures shall be taken to prevent dust pollution.

Docks, mines, landfills and disposal sites should implement regional operations and take effective measures to prevent dust pollution.

Section 5 Agriculture and other pollution prevention

Article 73　Local people's governments at various levels shall promote the transformation of agricultural production methods, develop agricultural recycling economy, increase support for comprehensive treatment of wastes, and strengthen control over the discharge of atmospheric pollutants from agricultural production and management activities.

Article 74　Agricultural production operators should improve the fertilization method, scientifically and rationally apply chemical fertilizers and use pesticides in accordance with relevant state regulations to reduce emissions of atmospheric pollutants such as ammonia and volatile organic compounds.

It is forbidden to spray highly toxic and highly toxic pesticides on trees and flowers in concentrated areas.

Article 75　Livestock and poultry farms and breeding communities shall timely collect, store, transport and harmlessly treat sewage, livestock and poultry manure and corpses to prevent the emission of malodorous gases.

Article 76　The people's governments at all levels and their agricultural administrations and other relevant departments shall encourage and support the use of advanced and applicable technologies for the comprehensive utilization of straw, defoliation, etc. for fertilizer, feed, energy, industrial raw materials and edible fungi.Increase financial subsidies for returning straw to fields and collecting integrated agricultural machinery.

The county-level people's government shall organize the establishment of a straw collection, storage, transportation and comprehensive utilization service system, and adopt financial subsidies and other measures to support rural collective economic organizations, farmers' professional cooperative economic organizations, enterprises, etc. to carry out straw collection, storage, transportation and comprehensive utilization services.

Article 77　The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall stipulate areas, and prohibit the burning of materials that produce dust and dust, such as straws and fallen leaves.

Article 78　The competent department of environmental protection under the State Council shall, in conjunction with the health administrative department of the State Council, publish a list of toxic and harmful atmospheric pollutants according to the degree of harm and impact of atmospheric pollutants on public health and ecological environment, and implement risk management.

Enterprises and institutions that stipulate the toxic and harmful atmospheric pollutants listed in the preceding paragraph shall construct an environmental risk early warning system in accordance with relevant state regulations, conduct regular monitoring of the discharge ports and surrounding environment, and assess environmental risks.Check environmental safety hazards and take effective measures to prevent environmental risks.

Article 79　Enterprises and institutions that emit POPs to the atmosphere, other production operators, and operating units of waste incineration facilities.In accordance with relevant state regulations, technical methods and processes that are conducive to reducing emissions of persistent organic pollutants should be adopted, and effective purification devices should be equipped to achieve emission standards.

Article 80　Where enterprises and other production and operation operators generate malodorous gases in production and business activities, they shall scientifically select sites, set reasonable protection distances, and install purification devices or take other measures to prevent the emission of malodorous gases.

Article 81　Catering service operators who discharge soot should install fume purification facilities and maintain normal use, or adopt other fume purification measures to discharge soot to the standard and prevent pollution to the normal living environment of nearby residents.

It is forbidden to build, renovate or expand catering service projects that produce soot, odor and waste gas in residential buildings, commercial and residential complexes that do not have a dedicated flue, and commercial floors adjacent to the residential floor in the commercial and residential complex.

No unit or individual may provide open-air barbecue food in an area prohibited by the local people's government or provide a venue for open-air barbecue food.

Article 82　It is forbidden to burn bitumen, linoleum, rubber, plastics, leather, garbage and other substances that produce toxic and harmful soot and malodorous gases in concentrated areas and other areas where special protection is required by law.

It is forbidden to produce, sell and discharge fireworks and firecrackers that do not meet the quality standards. No unit or individual may discharge fireworks and firecrackers during the time and area prohibited by the Urban People's Government.

Article 83　The state encourages and advocates civilization and green sacrifices.

The crematorium should be equipped with dust control facilities such as dust removal and keep it in normal use to prevent damage to the surrounding environment.

Article 84　Operators engaged in service activities such as garment dry cleaning and motor vehicle maintenance shall set up pollution control facilities such as odor and exhaust gas treatment devices in accordance with relevant national standards or requirements and maintain normal use to prevent damage to the surrounding environment.

Article 85　The State encourages and supports the production and use of alternatives to ozone-depleting substances and gradually reduces the production and use of ozone-depleting substances.

The state implements total control and quota management for the production, use, and import and export of ozone-depleting substances. The specific measures by the State Council.

Chapter V Joint Prevention and Control of Air Pollution in Key Areas

Article 86　The state establishes a joint prevention and control mechanism for air pollution in key areas to coordinate and coordinate air pollution prevention and control in key areas. The competent department of environmental protection under the State Council shall, according to the main functional zoning, the regional atmospheric environmental quality and the law of air pollution transmission and diffusion, demarcate the national air pollution prevention and control key areas and report to the State Council for approval.

The people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in key areas shall determine the local people's government to take the lead and hold joint meetings on a regular basis.

In accordance with the requirements of unified planning, unified standards, unified monitoring, and unified prevention and control measures, joint prevention and control of air pollution shall be carried out, and the responsibility for air pollution prevention and control targets shall be implemented. The competent department of environmental protection under the State Council shall strengthen guidance and supervision.

Provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of the first paragraph, delineate key areas for air pollution control in their respective administrative areas.

Article 87　The competent department of environmental protection under the State Council shall be in conjunction with the relevant departments of the State Council and the relevant people's governments of the provinces, autonomous regions and municipalities directly under the Central Government within the key areas of national air pollution control. According to the economic and social development of key areas and the carrying capacity of the atmospheric environment, formulate a joint action plan for air pollution prevention in key areas, clarify control objectives, optimize regional economic layout, coordinate traffic management, and develop clean energy. Put forward key prevention and control tasks and measures to promote the improvement of atmospheric environmental quality in key areas.

Article 88　The competent economic department of the State Council, together with the competent department of environmental protection under the State Council, shall further improve the requirements for environmental protection, energy consumption, safety and quality in light of the actual industrial development of the national air pollution prevention and control areas and the quality of the atmospheric environment.

The people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in the key areas shall implement more stringent emission standards for motor vehicle air pollutants, uniformly use the vehicle inspection methods and emission limits, and supply qualified vehicle fuels.

Article 89　Planning for relevant industrial parks, development zones, regional industries and developments that may cause serious pollution to the atmospheric environment in key areas of national air pollution prevention and control shall be carried out in accordance with the law. The planning and preparation authority shall consult with the relevant people's governments of the provinces, autonomous regions and municipalities directly under the Central Government or relevant departments in the key areas.

Projects in the key areas where the construction of provinces, autonomous regions, and municipalities directly under the Central Government may have a significant impact on the quality of the atmospheric environment of neighboring provinces, autonomous regions, and municipalities directly under the Central Government shall promptly notify relevant information and conduct consultations.

The consultation opinions and their adoption are important basis for the review or approval of the environmental impact assessment documents.

Article 90　In the case of newly built, rebuilt or expanded coal projects within the national air pollution control key areas, the equivalent or reduced replacement of coal shall be implemented.

Article 91　The competent department of environmental protection under the State Council shall organize the establishment of relevant information sharing mechanisms for atmospheric environmental quality monitoring and air pollution source monitoring in key areas of national air pollution prevention and control. Using monitoring, simulation, and satellite, aerial survey, remote sensing and other new technologies to analyze the sources of atmospheric pollution and their changing trends in key areas, and to disclose to the public.

Article 92　The competent departments of environmental protection under the State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government within the key areas of national air pollution control may organize relevant departments to carry out joint law enforcement, cross-regional law enforcement, and cross-enforcement.

Chapter VI　Heavy pollution weather response

Article 93　The state has established a monitoring and early warning system for heavy pollution.

The competent department of environmental protection under the State Council, together with the relevant departments of the State Council, the relevant departments of the State Council, and the relevant people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government in the key areas of air pollution prevention and control, establish a monitoring and early warning mechanism for heavy pollution weather in key areas, and unify the early warning grading standards. If there is a possibility of heavy pollution in the region, it shall be notified to the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government in a timely manner.

The competent departments of environmental protection of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and districts shall, together with relevant departments of meteorological authorities, establish monitoring and early warning mechanisms for heavy pollution in their administrative areas.

Article 94　Local people's governments at or above the county level shall incorporate heavy pollution weather response into the emergency management system for emergencies.

The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, districts, and county-level people's governments that may experience heavy pollution weather shall formulate emergency plans for heavy polluted weather, and report them to the environmental protection department of the people's government at the next higher level and make them known to the public.

Article 95　The competent departments of environmental protection of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and districts shall, in conjunction with the competent meteorological agencies, establish a mechanism for consultation to conduct atmospheric environmental quality prediction. If heavy pollution weather may occur, it shall be reported to the people's government at the same level in a timely manner. The people's governments of provinces, autonomous regions, municipalities directly under the Central Government and districts shall conduct comprehensive research and judgment based on heavy pollution weather forecast information, determine the level of early warning and issue early warnings in a timely manner. The warning level is adjusted in time according to the situation. No unit or individual may arbitrarily release heavy-duty weather forecast warning information to the public.

After the release of the warning information, the people's government and its relevant departments shall inform the public through the means of television, radio, internet, text messages, etc. 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 promptly launch emergency plans based on the early warning level of heavy pollution weather. According to emergency needs, they may be ordered to stop production or limit production, restrict the movement of some motor vehicles, prohibit the discharge of fireworks and firecrackers, and stop the earthwork and construction of construction sites. Reconstruction of construction, stopping open-air barbecue, stopping outdoor activities organized by kindergartens and schools, and organizing emergency measures jobs such as artificial weather-affecting operations.

After the emergency response is over, the people's government shall timely evaluate the implementation of the emergency plan and timely revise and improve the emergency plan.

Article 97　In the event of a sudden environmental incident causing air pollution, the people's government and its relevant departments and related enterprises and institutions shall, in accordance with the provisions of the Law of the People's Republic of China on Emergency Response and the Environmental Protection Law of the People's Republic of China, make emergency response. The competent department of environmental protection shall promptly monitor the atmospheric pollutants generated by environmental emergencies and publicize the monitoring information to the public.

Chapter VII　legal liability

Article 98　Violation of the provisions of this Law, refused to enter the scene, etc. refused to accept the supervision and inspection of the environmental protection department and its entrusted environmental supervision agency or other departments responsible for the supervision and management of atmospheric environmental protection, or fraudulently when accepting supervision and inspection, The competent department of environmental protection of the people's government at or above the county level or other departments responsible for the supervision and management of atmospheric environmental protection shall be ordered to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if it constitutes a violation of public security management, it shall be given by the public security organ according to law punishment.

Article 99　Anyone who violates the provisions of this Law and has one of the following acts shall be ordered by the competent department of environmental protection of the people's government at or above the county level to correct or restrict production, suspend production and rectify, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan;If the circumstances are serious, it shall be approved by the people's government with the approval authority, and shall be ordered to close down and close:

（一）Failure to obtain emission permits to discharge atmospheric pollutants according to law;

（二）Exceeding atmospheric pollutant discharge standards or exceeding atmospheric pollutant discharge total control indicators to discharge atmospheric pollutants;

（三）Emission of atmospheric pollutants by evading supervision.

Article 100　Anyone who violates the provisions of this Law and has one of the following acts shall be ordered to make corrections by the competent department of environmental protection of 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; if it refuses to make corrections, it shall be ordered to suspend production for rectification:

（一）Encroachment, damage or unauthorized movement, change of atmospheric environmental quality monitoring facilities or automatic monitoring equipment for atmospheric pollutant discharge;

（二）Failure to monitor industrial waste gas and toxic and harmful atmospheric pollutants discharged as required and preserve the original monitoring records;

（三）Failure to install or use the automatic monitoring equipment for atmospheric pollutant discharge in accordance with regulations or to communicate with the monitoring equipment of the environmental protection department in accordance with the regulations, and to ensure the normal operation of the monitoring equipment;

（四）The key pollutant discharge units shall not disclose or disclose the automatic monitoring data as they are;

（五）The air pollutant discharge port is not provided as required.

Article 101　

Violation of the provisions of this Law, production, import, sale or use of equipment and products prohibited in the national comprehensive industrial policy catalogue, using the process prohibited in the national comprehensive industrial policy catalogue, or transferring the eliminated equipment and products to others, The economic comprehensive administrative department of the people's government at or above the county level, the entry-exit inspection and quarantine institution shall make corrections in accordance with the duties and responsibilities, confiscate the illegal income, and impose a fine of more than one time and three times the value of the goods;

Those who refuse to make corrections shall be reported to the people's government with the approval authority for approval and ordered to close down and close. Where the import behavior constitutes smuggling, the customs shall impose penalties according to law.

Article 102　In case of violation of the provisions of this Law, if the coal mine fails to construct supporting coal washing facilities in accordance with the regulations, 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 1 million yuan; Those who refuse to make corrections shall be reported to the people's government with the approval authority for approval and ordered to close down and close.

In case of violation of the provisions of this Law and the exploitation of coal containing radioactive and arsenic and other toxic and hazardous substances exceeding the prescribed standards, the people's government at or above the county level shall suspend business operations and close down in accordance with the authority stipulated by the State Council.

Article 103　Violation of the provisions of this law, has one of the following acts.The quality supervision of the local people's government at or above the county level, and the administrative department for industry and commerce shall, in accordance with the duties and responsibilities, correct the confiscation of raw materials, products and illegal income, and impose a fine of more than one time and three times the value of the goods:

（一）Sell coal or petroleum coke that does not meet quality standards;

（二）Production and sale of raw materials and products whose volatile organic compounds do not meet the quality standards or requirements;

（三）Production and sale of non-compliant motor vehicles and non-road mobile machinery fuels, engine oils, nitrogen oxide reductants, fuel and lubricant additives and other additives;

（四）Selling highly polluting fuel in the no-burn zone.

Article 104　Violation of the provisions of this law, has one of the following acts.The entry-exit inspection and quarantine agency shall order the correction, confiscate the raw materials, products and illegal income, and impose a fine of more than one time and three times the value of the goods; if the smuggling is constituted, the customs shall impose penalties according to law:

（一）Importing coal or petroleum coke that does not meet the quality standards;

（二）Imported raw materials and products whose volatile organic compounds do not meet the quality standards or requirements;

（三）Imports of non-compliant motor vehicles and non-road mobile machinery fuels, engine oils, nitrogen oxide reductants, fuel and lubricant additives and other additives.

Article 105　In case of violation of the provisions of this Law, if the unit burns coal or petroleum coke that does not meet the quality standards, the environmental protection department of the people's government at or above the county level shall order it to make corrections, and the amount of the goods shall be more than doubled to three times the fine.

Article 106　In case of violation of the provisions of this Law and the use of fuel oil for ships that does not meet the standards or requirements, the maritime administrative agency and the competent fishery department shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 107　In violation of the provisions of this Law, new or expanded facilities for burning highly polluting fuels shall be built in the no-burn zone, or high-polluting fuels shall not be stopped in accordance with regulations, or new or expanded coal-fired heating will be built in areas covered by urban central heating pipes. If the boiler or the coal-fired heating boiler that has not been completed to discharge the standard is not dismantled in accordance with the regulations, the environmental protection department of the local people's government at or above the county level shall confiscate the facilities burning high-polluting fuel and organize the dismantling of the coal-fired heating boiler. A fine of not less than 20,000 yuan but not more than 200,000 yuan.

Violation of the provisions of this Law, production, import, sale or use of boilers that do not meet the prescribed standards or requirements, the quality supervision of the people's government at or above the county level, the competent department of environmental protection ordered to correct, confiscate the illegal income, and 20,000 yuan to 200,000 a fine below the yuan.

Article 108　Anyone who violates the provisions of this Law and has one of the following acts shall be ordered to make corrections by the competent department of environmental protection of 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; if it refuses to make corrections, it shall be ordered to suspend production for rectification:

（一）Production and service activities for the production of waste gas containing volatile organic compounds, not carried out in confined spaces or equipment, failure to install or use pollution control facilities as required, or failure to take measures to reduce emissions;

（二）Industrial coating companies do not use low VOC content coatings or have not established or maintained accounts;

（三）Petroleum, chemical and other enterprises that produce and use organic solvents have not taken measures to routinely maintain and repair pipelines and equipment, reduce material leakage or collect and dispose of leaked materials in time;

（四）Oil storage and gas storage, refueling and gas filling stations, tank trucks, gas tankers, etc., have not installed and used oil and gas recovery devices in accordance with relevant state regulations;

（五）Enterprises such as iron and steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical, and mineral mining have not adopted measures such as centralized collection, treatment, containment, enclosure, covering, cleaning, and watering to control and reduce the emission of dust and gaseous pollutants;

（六）The flammable gas generated in industrial production, landfill or other activities is not recycled, and the recycling conditions are not treated, and the flammable gas recovery and utilization device cannot be operated normally and is not repaired or updated in time.

Article 109　Those who violate the provisions of this Law and produce motor vehicles or non-road mobile machinery that exceed the pollutant discharge standards shall be ordered to correct by the environmental protection department of the people's government at or above the provincial level, and the illegal income shall be confiscated, and the value of the goods shall be more than three times and less than three times. Fines, confiscation of vehicles and non-road mobile machinery that failed to meet the pollutant discharge standards; if they refused to correct, they ordered the suspension of production and rectification, and the motor vehicle production department of the State Council ordered the production of the vehicle to be stopped.

In violation of the provisions of this Law, if the motor vehicle or non-road mobile machinery manufacturing enterprises falsify the engine and pollution control devices, shoddy the goods, and pretend to be the products that are qualified for discharge inspection, the environmental protection department of the people's government at or above the provincial level shall order the suspension of production and rectification. The illegal income was confiscated, and the fine was more than doubled to three times the value of the goods. The motor vehicles and non-road mobile machinery that could not meet the pollutant discharge standards were confiscated, and the motor vehicle production department of the State Council ordered the production of the vehicle to be stopped.

Article 110　Those who violate the provisions of this Law and import or sell motor vehicles or non-road mobile machinery that exceed the pollutant discharge standards shall be confiscated by the administrative department for industry and commerce of the people's government at or above the county level and the entry-exit inspection and quarantine institution in accordance with their duties, and the amount of the goods shall be paid. More than one time and three times less fines shall be confiscated to destroy motor vehicles and non-road mobile machinery that cannot meet the pollutant discharge standards; if the import behavior constitutes smuggling, the Customs shall impose penalties according to law.

In case of violation of the provisions of this Law, if the motorized vehicle or non-road mobile machinery sold does not meet the pollutant discharge standards, the seller shall be responsible for repair, replacement, and return; if the purchaser causes losses, the seller shall compensate for the loss.

Article 111　In case of violation of the provisions of this Law, motor vehicle production and import enterprises fail to disclose to the public the emission inspection information or pollution control technical information of their production and import vehicles, and the environmental protection department of the people's government at or above the provincial level shall order the correction. A fine of not less than 10,000 yuan but not more than 500,000 yuan.

In violation of the provisions of this Law, if a motor vehicle production or import enterprise fails to disclose to the public the relevant maintenance technical information of its production and import of motor vehicle models in accordance with the provisions, the competent transportation department of the people's government at or above the provincial level shall order it to make corrections, and shall be subject to a correction of more than 50,000 yuan. A fine of less than 100,000 yuan.

Article 112　Violation of the provisions of this Law, forgery of motor vehicle, non-road mobile machinery emission test results or the issuance of false emission test reports, the environmental protection department of the people's government at or above the county level shall confiscate the illegal income and shall be under 100,000 yuan and less than 500,000 yuan. If the circumstances are serious, the department responsible for the qualification shall cancel the qualification for inspection.

In case of violation of the provisions of this Law, forgery of ship discharge inspection results or the issuance of false emission inspection reports, the maritime administrative organ shall impose penalties according to law.

In the case of violation of the provisions of this Law, by temporarily replacing the vehicle pollution control device and other methods of fraud, or by destroying the vehicle emission diagnostic system of the motor vehicle, the environmental protection department of the people's government at or above the county level shall order the correction to the motor vehicle owner. A fine of 5,000 yuan was imposed; a fine of 5,000 yuan per motor vehicle at the motor vehicle maintenance unit.

Article 113　In violation of the provisions of this Law, if a motorized vehicle driver drives a motor vehicle that fails to pass the emission inspection on the road, the traffic administrative department of the public security organ shall impose a penalty according to law.

Article 114　In case of violation of the provisions of this Law, if non-road mobile machinery with unqualified emissions is used, or if heavy-duty diesel vehicles or non-road mobile machinery fail to install or replace pollution control devices in accordance with regulations, the competent departments of environmental protection at the county level or above shall follow the regulations. The duties were ordered to be corrected and a fine of 5,000 yuan was imposed.

In case of violation of the provisions of this Law, the use of high-emission non-road mobile machinery in areas where the use of high-emission non-road mobile machinery is prohibited shall be punished by the competent authorities of the municipal people's government for environmental protection.

Article 115　In violation of the provisions of this Law, the construction unit has one of the following acts.The competent departments of housing and urban-rural construction of the people's government at or above the county level shall, in accordance with their duties, correct and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if they refuse to make corrections, they shall be ordered to stop the rectification:

（一）The construction site does not have a rigid closed enclosure, or it does not take measures such as covering, segmentation, timing construction, watering and dust suppression, flushing the ground and vehicles, etc.

（二）Construction earthwork, engineering dregs, and construction waste were not cleared in time, or were not covered by a closed dust-proof net.

In case of violation of the provisions of this Law, the construction unit shall not cover the exposed ground of construction land that cannot be started temporarily, or shall not green, pave or cover the exposed ground of construction land that cannot be started for more than three months, and the people at or above the county level shallThe competent departments of government housing and urban and rural construction shall be punished in accordance with the provisions of the preceding paragraph.

Article 116　Any vehicle that violates the provisions of this Law and transports bulk, fluid materials such as coal, garbage, muck, gravel, earthwork, mortar, etc., without sealing or other measures to prevent material spillage, shall be determined by the local people's government at or above the county level. Ordered to make corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan;If you refuse to make corrections, the vehicle must not be on the road.

Article 117　Anyone who violates the provisions of this Law and has one of the following acts shall be rectified by the competent department of environmental protection at the county level or above and in accordance with the duties and responsibilities, and shall be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan;

If they refuse to make corrections, they shall be ordered to stop the rectification or suspend business rectification:

（一）Unclosed coal, coal gangue, coal slag, coal ash, cement, lime, gypsum, sand and other materials that are prone to dust;

（二）For materials that are not easily sealed and dusty, no strict enclosures not lower than the height of the stacking materials are provided, or effective covering measures are not taken to prevent dust pollution;

（三）The loading and unloading materials are not sealed or sprayed to control the dust emission;

（四）Storage of coal, coal gangue, cinder, coal ash and other materials, no fire prevention measures;

（五）Docks, mines, landfills and disposal sites have not taken effective measures to prevent dust pollution;

（六）Enterprises and institutions that emit toxic and harmful atmospheric pollutants listed in the list of toxic and harmful atmospheric pollutants.Failure to establish an environmental risk early warning system in accordance with regulations or to regularly monitor the discharge port and surrounding environment, investigate environmental safety hazards and take effective measures to prevent environmental risks;

（七）Enterprises and institutions that emit POPs to the atmosphere and other production operators and operating units of waste incineration facilities.Failure to comply with relevant national regulations to adopt technical methods and processes that are conducive to reducing emissions of persistent organic pollutants, equipped with purification devices;

（八）No measures were taken to prevent the emission of malodorous gases.

Article 118　In violation of the provisions of this Law, the catering service operators who discharge soot do not install the fume purification facilities, use the fume purification facilities abnormally, or do not take other fume purification measures. If the fumes are discharged beyond the discharge standards, the supervision shall be determined by the local people's government at or above the county level. The management department ordered the correction to be fined between 5,000 yuan and 50,000 yuan; if it refused to correct it, it was ordered to suspend business for rectification.

In violation of the provisions of this Law, new, renovated, and expanded catering services for cooking fumes, odors, and exhaust gases shall be built, rebuilt, or expanded in residential buildings, commercial and residential complexes, commercial and residential complexes that are not equipped with dedicated flue, and commercial floors adjacent to residential floors. For the project, the supervisory and administrative department determined by the local people's government at or above the county level shall be ordered to make corrections; if it refuses to make corrections, it shall be closed and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan.

In case of violation of the provisions of this Law, if the open-air barbecue food or the open-air barbecue food is provided at the time and area prohibited by the local people's government, the supervision and administration department determined by the local people's government at or above the county level shall order correction, confiscation of barbecue tools and illegal income, and a fine of not less than 500 yuan but not more than 20,000 yuan.

Article 119　In violation of the provisions of this Law, the supervised management department determined by the local people's government at or above the county level shall be ordered to correct the pollution of trees, flowers and plants, highly toxic pesticides, or open burning of straw, leaves and other substances that cause soot pollution. And can be fined between 500 yuan and 2,000 yuan.

In violation of the provisions of this Law, in the areas where population is concentrated and other areas that require special protection according to law, burning of bitumen, linoleum, rubber, plastics, leather, garbage and other substances that produce toxic and harmful soot and malodorous gases shall be determined by the county-level people's government. The supervisory and administrative department ordered a correction, and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan on the unit, and a fine of not less than 500 yuan but not more than 2,000 yuan.

In case of violation of the provisions of this Law, fireworks and firecrackers shall be disposed of in time and area prohibited by the Municipal People's Government, and the supervision and administration department determined by the local people's government at or above the county level shall be punished according to law.

Article 120　Violation of the provisions of this Law, engaged in clothing dry cleaning and motor vehicle maintenance and other service activities, without the establishment of pollution control facilities such as odor and waste gas treatment devices and maintain normal use, affecting the surrounding environment, the environmental protection department of the local people's government at or above the county level ordered to correct a fine of not less than 2,000 yuan but not more than 20,000 yuan;

Those who refused to make corrections were ordered to suspend business for rectification.

Article 121　Anyone who violates the provisions of this Law and arbitrarily releases heavy-duty weather forecast warning information to the public, which constitutes a violation of public security management, shall be punished by the public security organ according to law.

In case of violation of the provisions of this Law and refusal to implement emergency measures for heavy pollution caused by earth and stone operations or demolition of buildings, the supervision and administration department determined by the local people's government at or above the county level shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 122　In case of violation of the provisions of this Law and causing air pollution accidents, the competent department of environmental protection of the people's government at or above the county level shall impose a fine in accordance with the provisions of the second paragraph of this Article; the directly responsible person in charge and other directly responsible personnel may be sentenced to one year from the enterprise. The institution receives a fine of less than 50% of the income.

For accidents causing general or large air pollution, the penalty shall be calculated in accordance with more than one time and three times the direct loss caused by the pollution accident; For those causing major or extraordinarily serious air pollution accidents, a fine shall be calculated in accordance with three or more times the direct loss caused by the pollution accident.

Article 123　Violation of the provisions of this Law, enterprises, institutions and other production and business operators have one of the following acts, are fined, are ordered to correct, refused to correct, the administrative agency that made the punishment decision according to law can blame the day after the correction. According to the original penalty amount, the punishment shall be consecutively imposed on the day:

（一）Failure to obtain emission permits to discharge atmospheric pollutants according to law;

（二）Exceeding atmospheric pollutant discharge standards or exceeding atmospheric pollutant discharge total control indicators to discharge atmospheric pollutants;

（三）Emission of atmospheric pollutants by evading supervision;

（四）Materials used in building construction or storage that are prone to dust do not take effective measures to prevent dust pollution.

Article 124　Violation of the provisions of this Law shall be borne by the whistleblower in order to release or change the labor contract or other means of retaliation.

Article 125　Where the discharge of atmospheric pollutants causes damage, it shall bear the tort liability according to law.

Article 126　Local people's governments at various levels, the competent departments of environmental protection of the people's governments at or above the county level, and other departments responsible for the supervision and management of atmospheric environmental protection and their staff members abuse their powers, neglect their duties, engage in malpractices for personal gains, and resort to fraud, and shall be punished according to law.

Article 127　Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VIII　Supplementary Provisions

Article 128　The prevention and control of atmospheric pollution in marine engineering shall be carried out in accordance with the relevant provisions of the Marine Environmental Protection Law of the People's Republic of China.

Article 129　This Law shall come into force on January 1, 2016.