China's Pollution Laws: How Evasion Happens

how do people get around the pollution law in china

China has passed many laws, regulations, and standards addressing environmental protection since the initial passage of the framework Environmental Protection Law in 1979. However, the country's rapid economic expansion and relaxed environmental oversight have led to a variety of ecological problems. While the government has undertaken measures to curb pollution, their efforts have been criticized as inadequate, with local authorities being accused of corruption and unwillingness to enforce regulations. As a result, China has been working to strengthen its environmental policies and increase public participation in pollution prevention and control. Despite these efforts, some enterprises continue to find ways to get around the pollution laws, such as by discharging prohibited pollutants or refusing to take the necessary treatment measures.

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Companies that break the law are publicly named and shamed

China has passed many laws, regulations, and standards addressing environmental protection since the initial passage of the framework Environmental Protection Law in 1979. The Law on Prevention and Control of Air Pollution, or the Air Law, is the primary law dealing with air pollution, providing comprehensive measures on air pollution prevention and control. The Air Law was first adopted in 1987 and has been revised several times since then, including a major revision in 2015 that took effect on January 1, 2016.

The Water Pollution Prevention and Control Law of the People's Republic of China, which was amended in 2017, also plays a crucial role in governing the prevention and control of marine pollution. This law outlines the principles and responsibilities for protecting water sources, controlling industrial and urban pollution, and preventing agricultural non-point pollution.

To enforce these laws and hold companies accountable, China has implemented a "name and shame" campaign. This campaign involves publicly disclosing companies that break environmental rules and violate emissions standards. Mainland environmental groups and green groups have played a significant role in exposing these companies, using pollution data published by government agencies.

For example, in 2014, the Beijing-based Institute of Public and Environmental Affairs (IPE) compiled a database of public companies' environmental practices, finding that over 40% of mainland firms had recorded violations. The biggest offenders included companies in the power, cement, non-ferrous metal smelting, iron and steel, and chemical sectors. Additionally, in 2016, the Chinese government publicly named more than 20 enterprises that broke environmental rules during a hazardous smog outbreak in the country's north.

The Chinese government has also strengthened the enforcement powers of the Ministry of Environmental Protection (MEP), allowing them to conduct spot inspections and summon officials to account for their actions. The MEP has accused various industries, including steel and paper mills, cement plants, and power generators, of ignoring output suspensions, evading government inspections, and falsifying production data.

While the "name and shame" campaign is intended to deter firms from environmental violations, its effectiveness has been questioned. Experts argue that in places where non-compliance is common and the economics don't incentivize pollution control, the campaign may not have the desired impact.

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China's environmental policy system consists of five series of policies

China's rapid economic expansion, combined with relaxed environmental oversight, has resulted in numerous ecological problems. In response to public pressure, the Chinese government has implemented various measures and policies to combat pollution and improve the country's environmental situation.

China's environmental policy system is managed by the Ministry of Environmental Protection (MEP) and includes five key series of policies:

  • National Policies: China's environmental protection efforts are guided by the Environmental Protection Law, first adopted in 1979 and formally promulgated in 1989. This framework law provides general provisions for all aspects of environmental protection and pollution control.
  • Laws, Regulations, and Standards: Since the initial passage of the Environmental Protection Law, China has passed numerous laws, regulations, and standards addressing specific areas of environmental protection. These include the Law on Prevention and Control of Air Pollution, Water Pollution Prevention and Control Law, and standards for vehicle emissions and fuel efficiency.
  • Air Quality Standards: China has implemented measures to improve air quality and control air pollution, such as the China V gasoline standard, which reduced the allowable sulfur content in fuel. The focus is also on reducing emissions from industrial facilities, motor vehicles, and non-road mobile machinery.
  • Control of Coal Use: China aims to replace small and medium coal-fired facilities with alternative clean energy sources, promoting the use of renewable energy, and addressing challenges related to integration and energy storage.
  • Environmental Protection Policy and Macro Strategy: This includes initiatives such as ecological civilization, which aims to mitigate air and water pollution, address urban flooding, and promote sustainable development. The MEP's enforcement powers have been strengthened, and the government has emphasized its responsibility for protecting the environment.

While China has made significant strides in environmental protection, there have been instances of non-compliance and resistance from local authorities and industries. However, with the implementation of stricter penalties, the government aims to hold illegal polluters accountable and encourage compliance with environmental laws and regulations.

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The Air Law prohibits the manufacturing, importing, or selling of vehicles that exceed emission standards

China has been issuing vehicle emissions standards that follow the EU standards. The Air Law prohibits the manufacturing, importing, or selling of vehicles that exceed emission standards. This law was first adopted in 1987 and has been revised several times since, including a major revision in 2015 that took effect on January 1, 2016. The current emission standard for light-duty vehicles is China 5, similar to the Euro 5 standard, which was issued in May 2013 and took effect on January 1, 2018.

China has also been working on improving air quality and controlling emissions. The country's 13th Five-Year Plan (2016-2020) includes commitments to reduce emissions, ensure compliance with emission standards, and promote the use of natural gas in cities. The plan also aims to increase the monitoring of windblown dust from unpaved roads and construction sites and prohibit open straw burning.

To further reduce emissions, China has created a New Energy Vehicle (NEV) credit system. This system requires passenger car manufacturers to earn NEV credits, which can then be used to offset negative corporate average fuel consumption points. In addition, China has been implementing stricter vehicle emissions standards, with the China 6 standard being one of the most stringent emission standards globally. The China 6 standard includes RDE testing during both the vehicle prototype and in-service stages, and it targets significant reductions in hydrocarbons, NOx, and PM levels compared to Euro 6 levels.

While China has been taking steps to improve its air quality and control emissions, it has also faced some challenges. The country's rapid economic expansion and relaxed environmental oversight have led to ecological problems, and the government's response in the 2010s was criticized as inadequate. However, China has been working to strengthen its environmental protection policies and enforce stricter penalties for illegal polluters.

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The government has undertaken measures to curb pollution and improve the country's environmental situation

China has gained a reputation for being one of the most polluted countries in the world. Its rapid industrialization and carbon-intensive industries have resulted in notoriously bad air pollution, water scarcity, and soil contamination. The country's relaxed environmental oversight and prioritization of economic growth over environmental protection have contributed to this situation. However, in recent years, the Chinese government has undertaken several measures to curb pollution and improve the country's environmental outlook.

In 2014, Premier Li Keqiang declared a "war against pollution" during the National People's Congress, marking a shift in the government's stance on environmental protection. The government has since passed and amended various laws and regulations to address pollution. The Environmental Protection Law, first adopted in 1979 and most recently revised in 2014, provides a framework for regulating environmental protection and pollution control. The Law on Prevention and Control of Air Pollution, adopted in 1987 and revised in 2015, is the primary law dealing with air pollution and sets comprehensive measures for its prevention and control.

China has also implemented standards and plans to reduce air pollution, such as the Air Pollution Action Plan of 2013, which helped significantly improve air quality between 2013 and 2017, and the State Council Air Pollution Control Action Plan, which mandated a reduction in PM2.5 levels in 231 cities. The government has also introduced aggressive afforestation and reforestation programs, such as the Great Green Wall, and invested over $100 billion in such initiatives.

To address water pollution, China has amended the Water Pollution Prevention and Control Law, prioritizing the protection of drinking water sources and the rigorous control of industrial and urban pollution. The law also establishes government-invested funds for soil pollution prevention and remediation.

At the international level, China has participated in treaties such as the Convention on Biological Diversity and the UN Millennium Development Goals, which include environmental protection and sustainable development goals. In 2015, China signed the Paris Agreement on climate change, pledging to be carbon neutral by 2060.

While China has made progress in reducing pollution, it continues to face challenges in fully implementing and enforcing its environmental policies and curbing the impact of industrialization on the environment.

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The Water Pollution Prevention and Control Law states that the government must prepare for water pollution emergencies

China has passed many laws, regulations, and standards addressing environmental protection since the initial passage of the framework Environmental Protection Law in 1979. The Water Pollution Prevention and Control Law of the People's Republic of China, amended in 2017, states that the government must prepare for water pollution emergencies.

Article 76 of the law stipulates that the people's governments at all levels, the related departments, and enterprises and public institutions with potential water pollution accident risks shall make good preparations for water pollution emergencies. They are also responsible for dealing with such emergencies and carrying out recovery work after the incident.

Article 77 further specifies that enterprises and public institutions with potential water pollution accident risks must develop an emergency plan, make preparations, and regularly rehearse the plan. Additionally, these institutions must take steps to prevent the generation of wastewater or waste liquid capable of seriously polluting waters during the handling of production accidents.

The law also addresses the responsibility of enterprises and public institutions in the event of non-compliance. If an enterprise or public institution refuses or is unable to take the required treatment measures, the administrative department of environmental protection will designate a capable entity to act on its behalf, with the expenses borne by the violator. In cases of serious or extraordinary incidents, the administrative department may order the closure of the enterprise or institution and impose fines of up to 50% of the previous year's income.

The Water Pollution Prevention and Control Law is a crucial component of China's efforts to address water pollution and protect water ecosystems. It outlines the roles and responsibilities of various entities in preparing for, responding to, and recovering from water pollution emergencies.

Frequently asked questions

The Law on Prevention and Control of Air Pollution (Air Law) is the primary law dealing with air pollution in China. It was first adopted in 1987 and has been revised several times since then.

The Air Law in China stipulates that pollutants discharged by motor vehicles, vessels, and non-road mobile machinery must not exceed the specified emission standards. It also prohibits the manufacturing, importing, or selling of such vehicles and machinery that exceed these standards.

China has implemented the Water Pollution Prevention and Control Law, which aims to protect and improve water quality. It prioritizes prevention, combining it with control measures, and emphasizes protecting drinking water sources and controlling industrial and agricultural pollution.

China's rapid economic expansion and relaxed environmental oversight have led to ecological problems. While the government has responded to public pressure, its actions were criticized as inadequate, particularly before the 2010s.

China's environmental policy system consists of five interconnected series: environmental laws, national plans, regulatory measures, special actions, and state ideologies. Over time, policies have been categorized into three stages to analyze trends and driving factors behind policy changes.

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