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Law on flue gas emissions
According to the Chinese people's *** and state law environmental protection class air pollution prevention and control law chapter two of the supervision and management of air pollution prevention and control, article 19 stipulates that enterprises should give priority to the use of energy efficiency, pollutant emissions of cleaner production processes, reduce the generation of air pollutants. The state of serious pollution of the atmospheric environment of backward production processes and serious pollution of the atmospheric environment of backward equipment to implement the elimination system. The department in charge of economic integration under the State Council, in conjunction with the relevant departments of the State Council, publishes a list of processes that are prohibited from being used for a limited period of time and a list of equipment that is prohibited from being produced, sold, imported or used for a limited period of time and that seriously pollutes the air environment. Producers, sellers, importers or users must stop producing, selling, importing or using the equipment listed in the preceding paragraph within the period specified by the competent economic integration department of the State Council in conjunction with the relevant departments of the State Council. Production process adopters must be in the State Council economic integration department in conjunction with the relevant departments of the State Council within the time limit specified to stop using the process included in the list of the provisions of the preceding paragraph. The equipment eliminated in accordance with the provisions of the preceding two paragraphs may not be transferred to others for use. Article 20 provides that units due to accidents or other sudden events, the emission and leakage of toxic and hazardous gases and radioactive substances, causing or likely to cause air pollution accidents, endangering human health, must immediately take emergency measures to prevent and control the hazards of air pollution, notify the units and residents who may be endangered by air pollution and report to the local administrative department of environmental protection, to be investigated and dealt with. In the case of an emergency situation where the atmosphere is seriously polluted and human health and safety are jeopardized, the local people's government shall promptly make an announcement to the local residents and take mandatory emergency measures, including ordering the relevant sewage disposal units to stop discharging pollutants. Chapter V Prevention and Control of Exhaust, Dust and Odor Pollution Article 36 provides that the emission of dust into the atmosphere of the sewage disposal units must take dust removal measures. Strictly limit the emission of exhaust gas and dust containing toxic substances into the atmosphere; do need to be discharged, must be purified and treated, and does not exceed the prescribed emission standards. Article 37 stipulates that combustible gases generated in industrial production should be recycled, and if they are not recycled and discharged into the atmosphere, they should be treated to prevent and control pollution. Emission to the atmosphere of converter gas, calcium carbide gas, electric furnace method of yellow phosphorus tail gas, organic hydrocarbon tail gas, shall be reported to the local environmental protection administrative department for approval. Combustible gas recovery and utilization devices can not operate normally, should be repaired or updated in a timely manner. In the recovery and utilization of the device can not operate normally during the need to discharge flammable gases, should be discharged combustible gases fully combustible or take other measures to mitigate air pollution. Article 38 provides that the refining of petroleum, the production of ammonia, gas and coal coking, non-ferrous metal smelting process emissions containing sulfide gas, should be equipped with desulfurization devices or take other desulfurization measures. Article 39 stipulates that the discharge of gases and aerosols containing radioactive substances into the atmosphere must comply with the relevant state regulations on radiation protection, and shall not exceed the prescribed emission standards. Article 40 emissions into the atmosphere of foul-smelling gases of the sewage disposal units, must take measures to prevent the surrounding residential areas from being polluted. Article 41 In areas of population concentration and other areas requiring special protection in accordance with the law, it is prohibited to burn asphalt, linoleum, rubber, plastics, leather, garbage, and other substances producing toxic and harmful soot and foul-smelling gases. It is prohibited to burn straw, fallen leaves and other substances generating smoke and dust pollution in the open air in populated areas, around airports, near transportation arteries and in areas designated by the local people's government. In addition to the first two paragraphs, the urban people's government may also, according to the actual situation, take other measures to prevent and control smoke and dust pollution.

Article 42 of the transportation, loading and unloading, storage can emit toxic and harmful gases or dust substances, must take closed measures or other protective measures. Article 43 The urban people's government shall take greening responsibility system, strengthen the construction management, expand the ground pavement area, control of slag dumping and clean transportation and other measures to improve the per capita occupation of green space area, reduce the bare ground and ground dust in urban areas, prevention and control of urban dust pollution. In the urban areas of the city for construction work or engaged in other dust pollution activities, must be in accordance with the provisions of the local environmental protection, to take measures to prevent dust pollution. The relevant administrative department of the State Council shall take the control of urban dust pollution as one of the bases for the assessment of the comprehensive improvement of the urban environment. Article 44 The operators of urban catering services must take measures to prevent and control oil smoke from polluting the living environment of nearby residents. Article 45 The State encourages and supports the production and use of alternatives to ozone-depleting substances, and gradually reduces the production of ozone-depleting substances until the production and use of ozone-depleting substances is stopped. Within the period specified by the State, units producing or importing ozone-depleting substances must do so in accordance with the quotas approved by the relevant administrative department of the State Council. Chapter VI Legal Liability Article 46 If, in violation of the provisions of this Law, a person commits any of the following acts, the competent administrative department for environmental protection or the supervisory and management department specified in Paragraph 2 of Article 4 of this Law may, depending on the circumstances, order the cessation of the offending act, make corrections within a certain period of time, and give a warning or impose a fine of not more than 50,000 yuan: (1) refusing to report or falsely reporting the relevant pollutant discharge declaration as specified by the competent administrative department for environmental protection under the State Council Matters; (ii) refusal of the administrative department in charge of environmental protection or other supervisory and management departments on-site inspection or falsification when being inspected; (iii) emission units do not use the air pollutant treatment facilities normally, or without the approval of the administrative department in charge of environmental protection, unauthorized demolition or idling of air pollutant treatment facilities; (iv) failure to take anti-flammability and dust control measures, and the storage of coal in the concentrated areas of the population, gangue, cinder, coal ash, sand, gravel, dust and other materials in populated areas. Article 47 If, in violation of the provisions of Article 11 of this Law, the air pollution prevention and control facilities of a construction project are not completed or do not meet the requirements of the state regulations on environmental protection management of construction projects, and are put into production or use, the competent administrative department for environmental protection that approves the environmental impact report of the construction project shall order the production or use to be stopped, and may impose a fine of not less than 10,000 yuan and not more than 100,000 yuan. Article 48 Where, in violation of the provisions of this Law, a pollutant is discharged into the atmosphere in excess of the national and local emission standards, it shall be treated within a limited period of time and shall be subject to a fine of not less than 10,000 yuan but not more than 100,000 yuan by the competent administrative department for environmental protection of the people's government of the locality at or above the county level. The authority for deciding on time-limited treatment and the administrative penalties for violating the requirements of time-limited treatment shall be prescribed by the State Council. Article 49 If, in violation of the provisions of Article 19 of this Law, a person produces, sells, imports or uses equipment the production, sale, import or use of which is prohibited, or adopts a prohibited process, the competent department of economic integration of the people's government at or above the county level shall order the person concerned to rectify the situation; if the situation is serious, the competent department of economic integration of the people's government at or above the county level shall put forward an opinion and report to the people's government at the same level for an order to suspend or close down the business in accordance with the authority prescribed by the State Council (c) To close down the enterprise. Will be eliminated by the transfer of equipment to others to use, by the transfer of the local people's government above the county level, the administrative department of environmental protection, or other departments exercising supervision and management in accordance with the law confiscate the illegal income of the transfer of the transfer of the illegal income, and impose a fine of not more than twice the illegal income. Article 50 Where, in violation of the provisions of Paragraph 3 of Article 24 of this Law, coal containing radioactive and arsenic and other toxic and hazardous substances in excess of the prescribed standards is mined, the people's government at or above the county level shall order its closure in accordance with the authority prescribed by the State Council. Article 51 violation of the provisions of Article 25, paragraph 2, or Article 29, paragraph 1 of this Law, in the local people's government continues to burn highly polluting fuels after the expiration of the period, by the local people's government at or above the county level of the local people's government department in charge of environmental protection and ordered to dismantle or confiscate the facilities for burning highly polluting fuels. Article 52 violation of the provisions of Article 28 of this Law, in the city centralized heating pipe network in the area covered by the new coal-fired heating boilers, by the local people's government at or above the county level of the administrative department of environmental protection shall order to stop the illegal act or a time limit for correction, and may impose a fine of up to 50,000 yuan. Article 53 violation of the provisions of Article 32 of this Law, the manufacture, sale or import of motor vehicles and vessels exceeding the pollutant emission standards, by the departments exercising supervision and management powers in accordance with the law shall order the cessation of illegal acts, confiscate the illegal income, and may impose a fine of not more than double the amount of illegal income; motor vehicles and vessels unable to meet the prescribed pollutant emission standards, confiscated and destroyed. Article 54 Where a person violates the provisions of the second paragraph of Article 34 of this Law and fails to stop the production, import or sale of leaded gasoline in accordance with the time limit prescribed by the State Council, the competent administrative department for environmental protection of the local people's government at or above the county level of the place where the person is located or any other department exercising supervisory and management powers in accordance with the law shall order the cessation of the illegal act, and shall confiscate the leaded gasoline produced, imported or sold as well as the unlawful income. departments exercising supervisory and management powers in accordance with law shall order the cessation of the illegal act, make corrections within a specified period, and may impose a fine of not more than 50,000 yuan; if the circumstances are serious, the department responsible for accreditation shall cancel the qualification of undertaking the annual inspection of motor vehicles and vessels. Article 56 If, in violation of the provisions of this Law, any one of the following acts is committed, the administrative department of environmental protection of the local people's government at or above the county level or other departments exercising supervisory and administrative powers in accordance with law shall order the cessation of the illegal act and its rectification within a specified period of time, and may impose a fine of not more than 50,000 yuan: (1) discharging dust, malodorous gases, or other gases containing poisonous substances into the atmosphere without adopting effective measures for the prevention and control of pollution; (2) without the approval of the local administrative department of environmental protection (B) without the approval of the local administrative department of environmental protection, to the atmosphere, the emission of converter gas, calcium carbide gas, electric furnace method of yellow phosphorus tail gas, organic hydrocarbon tail gas; (C) not to take closed measures or other protective measures, transportation, loading and unloading or storage can emit poisonous and harmful gases or dust material; (D) urban food service operators do not take effective pollution prevention and control measures, resulting in the emission of fumes to the nearby residents of the (d) Urban food service operators fail to take effective pollution prevention and control measures, resulting in the emission of fumes on the living environment of nearby residents. Article 57 Anyone who violates the provisions of the first paragraph of Article 41 of this Law by burning asphalt, linoleum, rubber, plastics, leather, garbage and other substances that emit toxic and harmful smoke, dust and foul-smelling gases in populated areas and other areas in need of special protection according to the law shall be ordered by the competent department for environmental protection of the local people's government at or above the county level in the place where he is situated to discontinue the illegal act, and shall be sentenced to a fine of less than RMB 20,000 yuan. In violation of the provisions of the second paragraph of Article 41 of this Law, open burning of straw, fallen leaves and other substances generating smoke and dust pollution in populated areas, around airports, near traffic arteries, and in areas designated by the local people's government, the competent administrative department for environmental protection of the local people's government at or above the county level where it is situated shall order a cessation of the violation of the law; if the circumstances are serious, a fine of not more than two hundred yuan may be imposed. Article 58 Violation of the provisions of the second paragraph of Article 43 of this Law, in the urban areas of the city for construction work or engage in other activities that generate dust pollution, not to take effective dust control measures, resulting in pollution of the atmospheric environment, the deadline for correction, a fine of less than 20,000 yuan; for the overdue still does not meet the requirements of the local environmental protection regulations, can be ordered to stop work and rectify the situation. The penalties stipulated in the preceding paragraph for dust pollution caused by construction shall be decided by the competent administrative department for construction of the local people's government at or above the county level; the penalties for other dust pollution caused by the local people's government at or above the county level shall be decided by the competent department concerned designated by the local people's government at or above the county level. Article 59 violation of the provisions of the second paragraph of Article 45 of this Law, within the period specified by the State, the production or import of ozone-depleting substances in excess of the quota approved by the relevant administrative department of the State Council, the relevant administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government of the location of the fine of 20,000 yuan or more than 200,000 yuan or less; the circumstances are serious, the relevant administrative department of the State Council to cancel the production and import quotas. Article 60 Violation of the provisions of this Law, one of the following acts, by the people's governments at or above the county level, the competent administrative department for environmental protection shall order the construction of supporting facilities within a certain period of time, and may impose a fine of not less than 20,000 yuan and not more than 200,000 yuan: (1) new coal mined belongs to the coal mines with high sulfur and ash content, and does not build supporting coal washing facilities in accordance with the relevant provisions of the state; (2) emission of petroleum refining containing sulfide gases, ammonia production, coal gas and coal-fired coking as well as non-ferrous metal smelting, which do not construct supporting desulfurization devices in accordance with the relevant state regulations or fail to take other desulfurization measures. Article 61 For enterprises and institutions that violate the provisions of this Law and cause air pollution accidents, the competent administrative department of environmental protection of the local people's government at or above the county level where they are located shall impose a fine of less than fifty percent of the direct economic loss according to the hazardous consequences caused, but the maximum shall not be more than five hundred thousand yuan; if the circumstances are more serious, the supervisory personnel who are directly in charge of the situation and the other personnel who are directly responsible for the situation shall be given administrative sanctions or disciplinary actions by their units or higher competent authorities according to law. Administrative or disciplinary action according to law; causing major air pollution accidents, resulting in significant loss of public and private property or personal injury or death of serious consequences, constituting a crime, shall be investigated for criminal responsibility. Article 62 A unit that causes air pollution hazards has the responsibility to remove the hazards and compensate the unit or individual that directly suffered the losses. Disputes over the responsibility for compensation and the amount of compensation may be dealt with by the competent administrative department of environmental protection through mediation at the request of the parties concerned; if mediation fails, the parties concerned may sue in the people's court. The parties may also sue the people's court directly. Article 63 A person who is exempted from liability if the loss of air pollution is caused solely due to an irresistible natural disaster and still cannot be avoided by taking reasonable measures in time. Article 64 If the competent administrative department for environmental protection or other relevant departments violate the provisions of Paragraph 3 of Article 14 of this Law by diverting the sewage charges collected for other purposes, the auditing or supervisory organ shall order the return of the diverted funds or take other measures to recover them, and administrative sanctions shall be imposed on the directly responsible supervisors and other directly responsible persons in accordance with the law. Article 65 The environmental protection supervision and management personnel who abuse their powers and neglect their duties, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility. Chapter VII Supplementary Provisions Article 66 This Law shall come into force on September 1, 2000 .