China's Air Pollution: Legal Landscape Explored

China has long struggled with air pollution, and its environmental protection laws have historically been weakly enforced. However, in recent years, the country has made significant progress in reducing pollution, thanks to a series of decisive actions taken after intense public scrutiny. China's air pollution laws aim to protect and improve the environment, prevent and control air pollution, safeguard public health, and promote ecological infrastructure development. The primary law dealing with air pollution is the Law on Prevention and Control of Air Pollution, which was first adopted in 1987 and has since been revised several times. The law sets specific goals for improving air quality and emphasizes controlling air pollution caused by coal burning, industrial production, motor vehicles, and agricultural activities. It also introduces stricter enforcement measures for coal operations and enables regional governments to establish zones prohibiting the burning of highly polluting fuels.

The Environmental Protection Law

China's Environmental Protection Law, first issued on a trial basis in 1979 and then formally in 1989, serves as the framework for the country's environmental protection efforts. Since its enactment, China has passed numerous laws, regulations, and standards addressing environmental protection.

The Law on Prevention and Control of Air Pollution, also known as the Air Law, is the primary law dealing with air pollution in China. First adopted in 1987, it has undergone several revisions, including a major revision in 2015 that took effect on January 1, 2016. This law sets specific goals for improving air quality and addresses air pollution caused by coal burning, industrial production, motor vehicles, vessels, dust, and agricultural activities. It also calls for comprehensive measures to restrict atmospheric pollutants and greenhouse gas emissions.

The Air Law establishes emission standards for various sources of air pollution. For example, it regulates pollutants discharged by motor vehicles, vessels, and non-road mobile machinery, prohibiting the manufacturing, importing, or selling of such vehicles and equipment that exceed the stipulated emission standards. The law also introduces stricter enforcement measures for coal operations, enabling regional governments to establish zones that prohibit the burning of highly polluting fuels.

In addition to the Air Law, China has implemented other policies to combat air pollution. The Three-Year Action Plan to Win the Battle Against Air Pollution and the National Air Quality Action Plan (2014) are notable examples. China has also been working on revising outdated emission standards, such as the Integrated Emission Standard of Air Pollutants and the Emission Standards for Odor Pollutants, to align with current conditions.

China's efforts to combat air pollution have shown progress. Since the "war against pollution" declaration in 2014, the country has cut particulate pollution by 39.8%. While China's air quality has improved, challenges remain, with certain pollutants still at high levels.

The Law on Prevention and Control of Air Pollution

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 (Air Law) is the primary law dealing with air pollution and provides comprehensive measures for air pollution prevention and control.

The Air 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 law sets a specific goal of improving air quality and emphasizes controlling air pollution caused by coal burning, industrial production, motor vehicles and vessels, dust, and agricultural activities. It calls for comprehensive measures to restrict atmospheric pollutants and greenhouse gases, including particulate matter, sulfur dioxide, nitrogen oxides, and volatile organic compounds.

The Air Law prohibits the manufacturing, importing, or selling of motor vehicles, vessels, and non-road mobile machinery that exceed the stipulated emission standards. It also enables regional governments to establish zones that prohibit burning fuels that emit large amounts of pollutants. In these areas, any entity that constructs or expands facilities using high-pollution fuels can be fined up to 200,000 yuan (US$30,000). The law also requires all new coal plants to have on-site washing equipment to remove sulphur and ash content, and older coal plants must be retrofitted to meet environmental standards.

Vehicle emissions standards

China's vehicle emissions standards are a key part of the country's air pollution laws. The primary law dealing with air pollution is the Law on Prevention and Control of Air Pollution (Air Law), which was first adopted in 1987 and has since been revised several times. The Air Law sets specific goals for improving air quality and addresses air pollution caused by motor vehicles, among other sources.

China's vehicle emissions standards have gone through two distinct stages. The first stage was from 1983 to 1999, when China initially established its vehicular emissions standard system. During this period, China promulgated its first batch of automobile emission standards, which included stipulations on the emission concentration of CO and HC in gasoline cars and the free acceleration and full load smoke of diesel vehicles. This laid the foundation for the country's pollution control efforts in the area of motor vehicle emissions.

The second stage began in 2000 and continues to the present day. During this stage, China has continuously introduced stricter emission limits and significantly reduced the emission quantity of all vehicle exhaust. In 2001, the Chinese government implemented the National Vehicular Emissions Standard I (CHINA-I) nationwide, which referred to the European-I standard. As the demand for motor vehicles has rapidly increased, so has the heavy burden of exhaust emissions.

China's latest vehicle emissions standard is CHINA-VI, which is known as the strictest vehicular emissions standard in the country. CHINA-VI is divided into two stages: "phase A" and "phase B." Compared to its predecessor, CHINA-V, CHINA-VI has shown lower carbon emission rates for light-duty gasoline vehicles. It also significantly reduces carbon emissions from vehicles in urban settings, where more aggressive driving patterns contribute to higher emissions. The implementation of CHINA-VI is expected to result in substantial mid-term and long-term emission reductions. By 2030, fine particulate matter (PM2.5) and nitrogen oxide (NOX) emissions from heavy-duty vehicles are projected to decrease by 82% and 86%, respectively.

In addition to the CHINA-VI standard, China has also implemented other policies to reduce vehicle emissions. For example, the New Air Law enables regional governments to establish zones that prohibit the burning of high-polluting fuels. The law also prioritizes the dispatch of renewable and cleaner energy sources over dirty power generators. Furthermore, China has been working on a National Clean Diesel Campaign, supported by key stakeholders such as the government and research organizations.

Energy sources and fuel efficiency

China's energy needs are increasingly being met by renewables, natural gas, and electricity. Between 2019 and 2024, China is expected to account for 40% of the global renewable capacity expansion, with improvements in system integration, lower curtailment rates, and enhanced competitiveness of solar PV and onshore wind.

China's coal demand and production capacity remain high, with one-quarter of the coal burned globally being used to produce electricity in China. However, the government is pushing for emissions reductions and improved air quality by transitioning to gas in industrial and residential sectors. The New Air Law also aims to reduce the percentage of coal used as a primary energy source in China. It requires all new coal plants to have on-site washing equipment to remove sulphur and ash content, and older plants to be retrofitted to meet environmental standards. The law also incentivizes the creation of high-polluting fuel restriction zones, where any entity constructing or expanding facilities that use high-pollution fuels can be fined up to 200,000 yuan (US$30,000).

China is also set to lead the global growth in biofuel production, with the increasing rollout of ethanol blending in several provinces. The use of clean fuels and technologies for cooking, such as natural gas, ethanol, or electric stoves, is more efficient and offers significant health benefits by reducing indoor air pollution caused by solid fuels.

China has also been issuing vehicle emissions standards, with light-duty vehicles sold and registered in the country required to comply with the Limits and Measurement Methods for Emissions From Light-duty Vehicles (China 5) since January 1, 2018. The country has also prioritized the dispatch of renewable and cleaner energy sources over dirtier power generators.

Overall, China's air pollution laws and energy policies aim to improve fuel efficiency, reduce coal dependence, and promote the adoption of cleaner energy sources.

Government and public scrutiny

China's air pollution laws have been subject to intense government and public scrutiny, particularly since the 2000s, as the country gained a reputation for being one of the most polluted in the world. Public concern about worsening air quality began in the late 1990s, with the release of tools and data that allowed the public to view air quality information. This scrutiny led to a shift in the government's official rhetoric and policies regarding air quality.

The Chinese government has faced pressure to address air pollution due to the severe health and social impacts of poor air quality. In 2013, a study found that high air pollution levels in northern China reduced lifespans by about five years compared to southern China. Reports also emerged of foreigners leaving the country due to health concerns, particularly as China experienced record-high levels of fine particulate matter pollution (PM2.5).

In response to public scrutiny and the growing awareness of the health impacts of air pollution, the Chinese government has implemented various laws and regulations to address air quality issues. In 2014, Premier Li Keqiang declared a "war against pollution" during the annual meeting of the National People's Congress, signalling a shift in the country's long-standing policy of prioritizing economic growth over environmental protection.

Since then, China has passed and revised several laws and regulations aimed at improving air quality and reducing pollution. The Law on Prevention and Control of Air Pollution, also known as the Air Law, is the primary law dealing with air pollution and has been revised multiple times, including a major revision in 2015 that took effect in 2016. This law sets specific goals for improving air quality and addresses pollution from sources such as coal burning, industrial production, motor vehicles, and agricultural activities. It also introduces measures to control coal use and transportation emissions, such as requiring new coal plants to have on-site washing equipment to remove sulphur and ash content.

In addition to the Air Law, China has also implemented the Air Pollution Control Act, which was introduced in 1987 and revised in 2000 and 2015. This act sets out the government's responsibility for supervision and the roles of central and local governments in addressing air pollution. It also establishes legal liability for pollutant emissions and promotes joint air pollution control measures. The act regulates manufacturers, vehicles, and products that impact air quality or emit pollutants, requiring them to conform to specific standards and obtain licences for pollutant discharge.

The Chinese government has also implemented stricter enforcement measures for coal operations and enabled regional governments to establish zones that prohibit the burning of high-polluting fuels. These measures include fines for entities that construct or expand facilities using high-polluting fuels and requirements for major air pollution control regions to limit the increase in local coal consumption.

While China has made significant progress in reducing pollution in recent years, the implementation and enforcement of environmental protection laws have been challenging. The cost of breaking environmental laws is reportedly low, and the judicial system has a high degree of discretion due to vague laws. However, with increasing public scrutiny and the development of more sophisticated local government regulations, China is expected to continue tightening its air pollution control policies and improving air quality.

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