中华人民共和国大气污染防治法(修订) Law of the Peoples Republic of China on the Prevention and Control of Atmospheric
2009-03-24 法律英语 来源:互联网 作者: ℃Article 27 The competent department concerned under the S
tate Council shall, pursuant to the norms for boiler discharge of atmospheric pollutants prescribed by the State, stipulate corresponding requirements in the boiler quality standards; no boilers that do not meet the prescribed requirements shall be manufactured, sold or imported.
Article 28 Urban construction shall be conducted on the basis of over-all planning. In areas of coal heating, unified provision of heat sources shall be practised and central heating developed. In areas covered by central heating pipelines or networks, no coal heating boilers may be installed.
Article 29 People's governments of large of medium-sized cities shall make plans for catering service enterprises to start the use of clean energy such as natural gas, liquefied petroleum gas and electricity within a time limit.
For other users of domestic cooking ranges in urban areas of large or medium-sized cities not delimited as areas where the use of seriously polluting fuels is prohibited, they shall, within a time limit, start to use sulfur-fixed briquette of coal or other clean energy.
Article 30 Where heat-engine plants and other large or medium-sized enterprises that discharge sulfur dioxide are built or expanded, if the prescribed norms for pollutants discharge or the control quotas for total amounts of discharge are exceeded, supporting facilities for desulphurization and dust removal shall be installed or other measures for control of the discharge of sulfur dioxide or for dust removal adopted.
In the acid rain control areas or sulfur dioxide pollution control areas, if established enterprises discharge atmospheric pollutants in excess of the norms for pollutants discharge, they shall, in accordance with the provisions of Article 48 of this Law, be required to keep the discharge under control within a time limit.
The State encourages enterprises to adopt advanced technology for desulphruization and dust removal.
Enterprises shall adopt measures to control the nitrogen oxide generated by the burning of fuel.
Article 31 Where coal, gangue, coal cinder, coal ashes, sandstone lime soil or other material is stored in densely inhabited areas, fire and dust prevention measures shall be taken in order to prevent atmospheric pollution.
Chapter IV
Prevention and Control of Pollutants Discharged by Motor Vehicles and Vessels
Article 32 No motor vehicles and vessels shall be permitted to discharge atmospheric pollutants in excess of the prescribed discharge norms.
No unit or individual may manufacture, sell or import motor vehicles or vessels that discharge pollutants in excess of the prescribed discharge norms.
Article 33 No motor vehicles in use that do not meet the norms for pollutants discharge prescribed for motor vehicles in use at the time of their manufacture may be driven on the road.
When the people's governments of provinces, autonomous regions and municipalities directly under the Central Government prescribe new norms for pollutants discharged by motor vehicles in sue and decide to have them transformed technically, they shall report the matter to the State Council for approval.
Motor-vehicle repair units shall, in compliance with the requirements for prevention and control of atmospheric pollution and the relevant technical norms of the State, make repairs to ensure that the motor vehicles in use meet the prescribed norms for pollutants discharge.
Article 34 The State encourages the manufacture and use of motor vehicles and vessels that consume clean energy.
The State encourages and supports the production and use of fine fuel oil, and takes measures to reduce pollution of atmospheric environment by harmful substances contained in fuel oil. Units and individuals shall, within the time limit prescribed by the State Council, stop producing, importing and selling leaded gasoline.
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Article 35 The administrative departments for environmental protection under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may authorize the units which undertake annual test of motor vehicles and whose qualifications nave been verified by the public security authorities to conduct annual test of motor vehicles for their emission of fumes in accordance with the norms prescribed.
The departments of transportation, fishery and other departments vested with supervisory power may authorize the units which undertake annual test of motor vessels and whose qualifications have been verified by the relevant authorities to conduct annual test of motor vessels for their emission of fumes in accordance with the norms prescribed.
The administrative departments for environmental protection under the local people's governments at or above the county level may conduct random supervisory test of the motor vehicles in use pollutants discharged at their places of parking.
Chapter V
Prevention and Control of Pollution by Waste Gas, Dust and Malodorous Gases
Article 36 Units that discharge dust into the atmosphere shall adopt measures to remove such dust.
The discharge of toxic waste gas and dust into the atmosphere shall be strictly restricted. Where such discharge is really necessary, the discharged gas or dust undergo purification treatment so as not to exceed the prescribed discharge norms.
Article 37 Inflammable gas engendered during industrial production shall be recycled; if such gas is discharged into the atmosphere due to the absence of the means of for recycling, it shall undergo treatment for the prevention and control of pollution.
The discharge into the atmosphere of converter gas, acetylene, yellow phosphoric tail gas engendered by electric furnace process, or organic hydrocarbon tail gas shall be reported to the local administrative department for environmental protection for approval.
Where the installations for recycling inflammable gas cannot operate normally, they shall be repaired or updated without delay. Where the discharge of inflammable gas is really necessary during the period when the installations for recycling cannot operate normally, the inflammable gas to be discharged shall be fully burnt, or other measures shall be taken, to reduce atmospheric pollution.
Article 38 Units that discharge sulphide-bearing gas in the process of refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal or smelting non-ferrous metal shall be equipped with desulphurizing installations or shall adopt other measures for desulphurization.
Article 39 Gas and aerosols containing radioactive substances shall be discharged into the atmosphere in compliance with State regulations on protection against radioactivity, and they may not be discharged in excess of the prescribed discharge norms.
Article 40 Units that discharge malodorous gases into the atmosphere shall take measures to prevent pollution of the neighboring residential areas.
Article 41 In densely inhabited areas and other areas that need special protection according to law, the burning of asphalt, asphalt felt, rubber, plastics, leather, garbage or other substances that produce toxic or harmful smoke or dust or malodorous gases is prohibited.
In densely inhabited areas, the areas around the airports, the areas in the vicinity of main traffic arteries or the areas designated by local people's governments, the burning in the open air of stalks, fallen leaves or other substances that will cause smoke or dust pollution is prohibited.
In addition to the provisions in the preceding two paragraphs, municipal people's governments may ,in light of the actual conditions, adopt other measures to prevent and control smoke or dust pollution.
Arti
cle 42 Where substances that diffuse toxic or harmful gases or dust are transported, loaded or unloaded, or stored, sealing or other protective measures shall be taken.
Article 43 Municipal people's governments shall introduce the responsibility system for afforestation and take measures to strengthen administration of construction, increase the area of paved ground and control the heaping up of debris and waste as well as measures for clean transportation, in order to increase the per capita area of green land, reduce the area of bare land and the amount of surface dust, and prevent and control dust pollution in the urban areas.
Units which engage in construction or other activities that generate dust pollution in the urban areas of cities shall take measures to prevent and control dust pollution in compliance with the local regulations on environmental protection.
The relevant administrative department under the State Council shall make control of dust pollution one of the criteria for assessing a city's comprehensive control of its environment.
Article 44 People providing catering services in cities shall adopt measures to prevent and control pollution caused by soot to the residential environment in the neighborhood.
Article 45 The State encourages and supports the manufacture and use of the substitutes for products that deplete the substances of the ozone layer, gradually reducing the output of such products until the termination of their manufacture and us
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