Law on the Prevention and Control of Atmospheric Pollution: Second Amendment Pending

Committee of the National People’s Congress since June 2015, and is now open for public comment until 5 August 2015.

There have always been voices demanding amendments to the Law on the Prevention and Control of Atmospheric Pollution since its issuance in 2000. The draft amendment of the Law was drawn up and opened for public comment in January 2015 finally giving industry a chance to air their grievances and affect legislative change. The second draft of the amendment has been under deliberation by the Standing Committee of the National People’s Congress since June 2015, and is now open for public comment until 5 August 2015. The second draft increases the obligations of both the industry and government, including:

 

  • Discharging enterprises are responsible for the authenticity and accuracy of auto monitoring data;
  • The local environmental protection authority should investigate any irregularities in auto monitoring data of the atmospheric pollutants;
  • Punitive measures for embezzlement of funds or deliberate damage of the air quality monitoring facilities and/or falsification of pollution discharge data.

In addition, the second draft also elaborates on the prevention of pollution from coal fires, heavy industry, motor vehicles and others. Interestingly, the second draft also outlines that local government should consult with enterprises, experts and the public before imposing traffic control over motor vehicles and is likely specified based on the backlash after Hangzhou and Shenzhen car license plate limitation scandals. In the last two years, both these cities issued policies limiting the issuance of car license plates. The new amendment clearly advises local government of its duties to observe due diligence during the development and promulgation of new regulations and to carefully consider both the social and financial implications.

Chemliked, 13 July 2015 ;<ahref=”http://chemlinked.com/en/news”>http://chemlinked.com/en/news ;