中华人民共和国大气污染防治法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVE

国家环境保护局令第5号
（Approved by the State Council on May 8， 1991 promulgated by Decree No. 5 of the National Office for Environment Protection on May 24， 1991）
颁布日期：19910524 　实施日期：19910701 　颁布单位：国家环保局

　　Chapter I General Provisions

　　Article 1 These Rules for Implementation are formulated in accordance with the provisions of Article 40 of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution.

　　Article 2 The local people's governments at various levels shall be responsible for the quality of the atmospheric environment within their administrative areas and take the measures to prevent and control the atmospheric pollution， and to protect and improve the atmospheric environment.

　　Article 3 The economic construction departments of the people's governments at various levels shall， according to the atmospheric environment protection requirements by the people's government at the same level， incorporate the protection of the atmospheric environment into the production and construction plans of their own departments and organize to implement it.

　　Article 4 Enterprises that discharge atmospheric pollutants must incorporate the protection of the atmospheric environment into the production and construction plans and the technology innovation plans of their own enterprises. The competent authority for enterprises shall strengthen the supervision and administration on the protection of the atmospheric environment of the enterprises.

　　Article 5 The capital， material and equipment for the protection of the atmospheric environment in a construction project shall be arranged together with the master engineering on the basis of over-all view.

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

　　Article 6 Before a construction project that discharge atmospheric pollutants is put into operation or used， its facility for the prevention and control of atmospheric pollution shall， through the inspection and examination by the environment protection departments that examine and approve the environmental impact statement of the said project， be satisfied with the following requirements：

　　（1） the processing result of the facility for the prevention and control of atmospheric pollution has reached the designed standard；

　　（2） the managerial regulations and rules for the facility for the prevention and control of atmospheric pollution are sound；

　　（3） the concerning technical information for the facility for the prevention and control of atmospheric pollution is complete.

　　Only when the facilities for the prevention and control of atmospheric pollution are qualified through check and acceptance， the construction project may be put into operation and used.

　　Article 7 The units that discharge atmospheric pollutants shall， with regard to the facility for the prevention and control of atmospheric pollution， strengthen the management， periodically inspect or renew the facility and assure the normal functioning of the facility.

　　Article 8 The units that discharge atmospheric pollutants must， in accordance with the provisions， submit the registration form for discharging pollutants report to the local environment protection department. After the registration of report， if the categories， quantities and concentrations of pollutants discharged are needed to be substantially changed， a new registration form for discharging pollutants report shall be submitted 15 days before the change； for those sudden substantial changes， a new registration form for discharging pollutants report must be submitted within 3 days after the change.

　　Article 9 If the pollutant treatment facilities are to be dismantled or left idle， a report must be submitted to the local environment protection department to explain the reason. The environment prote

ction department shall， after receipt of the report， give an official reply within 1 month. It shall be deemed as agreed if an official reply is not given by the end of the period.

　　Article 10 The units that are ordered to eliminate or control the pollution by a deadline shall report periodically to the environment protection department about the process of elimination or control.

　　The environment protection department shall inspect the situation of elimination or control of the units that are ordered to eliminate or control the pollution by a deadline and check and accept the project on which the elimination or control is completed， and report the check and acceptance results to the people's government at the same level.

　　Article 11 The units that cause an accident of atmospheric pollution must， within 48 hours after the accident is taken place， give an initial report to the local environment protection department on the situation such as the time， place and type of the accident taken place， the quantities of the pollutant discharged， economic loss and people's injury. After the accident is checked up a detailed written report shall be given on the situation such as the reason， process and damage of the accident， measures taken， settlement decision， questions left over and measures of prevention， and together with the concerning documents for evidence.

　　Article 12 The personnel for supervision and administration from the environment protection department and other supervision and administration departments shall， while conducting an on-the-spot inspection on the units that discharge pollutants within their administrative area， present their certificates of inspection or be dressed with the signs.

　　The certificate of inspection hold by the personnel for supervision and administration from the environment protection department shall be issued by the environment protection department of the people's government at or above the level of the municipality directly under the province government.

　　Article 13 When conducting an on-the-spot inspection the environment protection department and other supervision and administration departments may require the inspected units to provide the following information and material：

　　（1） the situation of pollutants discharging；

　　（2） the operation， function and management situation of the discharge and treatment facilities；

　　（3） the types， norms and calibration situation of the monitoring instrument and equipment；

　　（4） the monitoring analysis method taken and monitoring record；

　　（5） the enforcement situation of elimination or control by a deadline；

　　（6） the information of the accidents and the concerning record；

　　（7） the information of production technology and use of raw material concerning the pollution；

　　（8） other information and situation concerning the prevention and control of atmospheric pollution.

　　Chapter III Prevention and Control of Soot Pollution

　　Article 14 The competent department concerned under the State Council shall， pursuant to the standards for boiler soot discharge prescribed by the state， stipulate the concentrations of boiler soot discharged initially and the standards for blackness of mist in the boiler quality standard.

　　Before the design of a new boiler production is finalized， the concentrations of boiler soot discharged initially， the standards for blackness of mist and their testing data material shall be submitted to the environment protection department of the people's government at or above the level of the municipality directly under the province government for a record.

　　The boiler manufacture factories must mark the concentrations of boiler soot discharged initially and the standards for blackness of mist on the nameplates or directions of the boiler products.

　　Any boiler dissatisfied with the co

ncentrations of boiler soot discharged initially and the standards for blackness of mist described in paragraph 1 of this Article shall not be manufactured， sold or imported.

　　Article 15 Before put into operation or use the newly-built industrial kilns and newly-installed boilers shall be checked and accepted by the environment protection department according to the described procedures； if the standard for discharging atmospheric pollutants is not met， they shall not be put into operation or used.

　　Article 16 When an industry district or residence area is newly built in the city or an outdated city area is transformed in batches， the heating and electricity shall be supplied jointly； if the requirement of joint supply of heating and electricity is not met， the central heating shall be supplied； the facilities of joint supply of heating and electricity and supply of central heating shall be designed， built or delivered to use together with the construction project.

　　Article 17 The relevant departments under the State Council and the local people's governments at various levels shall adopt measures to popularize shaped coal and the technology of combustion with low pollution， and to limit the combustion of bulk coal gradually. The fuel supplying department shall supply the coal with low pollution for civil use in priority.

　　Chapter IV Prevention and Control of Pollution by Waste Gas， Dust and Malodorous Substances

　　Article 18 Any project that discharges toxic waste gas or dust shall not be newly built in the residence area. The built project in operation or use that exceeds the discharging standards shall undergo the purification treatment； an enterprise or institution that causes serious atmospheric pollution shall be ordered to eliminate or control the pollution b

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