Clearing the Air

by+Wang+Zhenhong

This winter， China has endured the worst smog ever in terms of expanse， duration， and intensity. The northern and northeastern regions suffered the most. The dawn of this year marked the formal enactment of the newly-amended Law of the Peoples Republic of China on the Prevention and Control of Atmospheric Pollution （hereinafter referred to as “air pollution law”）， which is believed to be the strictest of its kind ever promulgated in China. The air pollution law is also the first environmental regulation to be amended since the Environmental Protection Law of the Peoples Republic of China was adopted.

To better understand the air pollution law， China Pictorial interviewed Wang Fei， associate researcher at the Chinese Academy of Sciences.

China Pictorial （CP）： The revised Law of the Peoples Republic of China on the Prevention and Control of Atmospheric Pollution went into effect on January 1， 2016. What is the background surrounding its promulgation？

Wang Fei （Wang）： Over the last few decades， China has seen rapid progress， socially， economically， and culturally， accelerating its pace of development and consumption of energy and resources as well as increasing land usage and coverage， which have all contributed to dramatic changes in the environment alongside many problems. This is why environmental laws have to be constantly revised and perfected. The Atmospheric Pollution Prevention Law was passed in 1987， and two revisions were made in 1995 and 2000， respectively. Nevertheless， that law is far from enough to deal with newly-rising environmental issues and the social problems they exacerbate. Stricter measures must be taken to protect the environment. Designing and perfecting a law is a process.

CP： The new version of the air pollution law is considered the strictest of its kind ever. Why？

Wang： Its strictness is spread across four sectors：

Firstly， it imposes strict regulations on governments， intending to hone the executive administration. It clearly declares that governmental departments should increase financial investment in controlling atmospheric pollution and evaluate major measures intended to improve air quality and control air pollution in provinces， autonomous regions， and municipalities under the direct jurisdiction of the Central Government. This move is intended to elevate the importance of environmental management so it is on par with economic development. Further measures， such as releasing evaluation results， are intended to strengthen social supervision of administrative subjects， so governments at all levels can enforce the law consistently.

Secondly， it strictly regulates sources of air pollution. Sources include various atmospheric pollutants of different types. It strictly controls polluting industries in terms of output volume. The revised version underscores the importance of harnessing various sources of pollution， cover- ing major industries and specifying a wide variety of emissions that are destructive to the atmosphere.

Thirdly， it strictly limits volume of pollution using clearly-defined methodology. The 2000 version of the law declares that the state should take measures to systematically control or alleviate emissions of major atmospheric pollutants across the country， step-by-step. The policys focus is mostly placed on “alleviation.” However， in heavily-polluted areas， high levels of pollution will most likely remain a long-term issue even after the total volume of con- tinuing emissions is reduced dramatically. The revision clearly specifies that pollutants discharged into the air should meet its standards， which were defined to protect public health and the ecological environment. The levels are based on ambient air quality standards and national economic and technological conditions. That means that a pollution load within limits is defined by the needs to maintain ambient air quality standards. Enterprises and individuals desiring “gradual reduction of emissions and atmospheric pollution” must now play by strict new rules.

Finally， enforcement is stricter. Stiff fines must be levied to reverse the old routine， which was described as “cheap to break the law and expensive to follow it.”Gone are the days when one could “pollute as you wish after paying the fine.”

Alongside administrative penalties on department heads of related governmental entities， approximately 90 miscues can bring punishment， not even including ambitious target levels and the attached penalties. The penalty cap of the 2000-version，“no more than 500，000 yuan” for enterprises and institutions causing air pollution， has been trashed and replaced by “continuous penalty on a daily basis.”

CP： What are the major sources of Chinas atmospheric pollution？ Which industries will be most affected by the revised law？

Wang： Coal is a big one. The new air pollution law encourages “optimization of the utilization of coal and expansion of coal utility towards cleaner and more efficient methods while minimizing its usage in primary energy consumption.”Meanwhile， it calls for the development of renewal energy， including wind， solar， and hydroelectric.

Industrial pollution sources are heavily enterprises specializing in iron and steel， building materials， petroleum， and chemical engineering. Their costs will be greatly influenced by the need to improve their production process and upgrade waste management. The rising costs will weaken their competitiveness. However， the improvements in their production processes will help their long-term prospects and enhance their international competitiveness as well as reducing the social costs incurred by pollution.

Motor vehicles are the major source of air pollution in big and medium-sized Chinese cities. As evidenced by national legislation wording， the Chinese government advocates low-carbon， environmentally-friendly travel. The air pollution law aims to rationally control vehicle emissions in accordance with city plans， strives to develop urban public transport， and hopes to boost the proportion of trips taken by public transport. All these factors will help businesses involved in public-transport industries， such as subway and light rails， in addition to departments covering urban management enterprises specializing in low-emission vehicles， electric vehicles， and integrated design for dwelling construction.

CP： This winter， a massive area of northern and northeastern China has been plagued by smog， causing a “catastrophe” for local residents. How do you think the revised air pollution law will help bring it under control？

Wang： Actually， air pollution in Beijing is already being alleviated. The fact that people are still concerned after so many years of painstaking efforts is to be expected. People wonder why smog still persists even after polluting enterprises around Beijing have been shut down. The problem is the density and proliferation of pollutants born of automobile exhaust and coal consumption for winter heating in surrounding areas.

Alongside reducing the sources of smog by pushing environmental departments and governments to stand by rational emissions limits to maintain ambient air quality standards， the revised law also includes measures to prevent and minimize the impact of moving pollutants through regional joint efforts.