Art. 12. Standards for emissions of harmful physical effects on atmospheric air

1. For the purpose of state regulation of emissions of harmful (polluting) substances into the atmospheric air, the following standards for such emissions are established:

technical standards;
maximum allowable emissions.

2.Technical regulations establishes federal executive body in the field of environmental protection other federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body in the field of environmental protection for certain types of stationary sources of emissions of harmful (polluting) substances into the atmospheric air, as well as for those who are and sources of air pollution vehicles or other mobile vehicles and installations of all kinds(Clause as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

Emission limits are established by the territorial bodies of the federal executive body in the field of environmental protection for a specific stationary source of emissions of harmful (polluting) substances into the air and their combination (organization as a whole).

In case of failure to comply legal entities, individual entrepreneurs that have sources of emissions of harmful (polluting) substances into the air, maximum allowable emissions, territorial bodies federal executive body in the field of environmental protection may establish temporarily agreed emissions for such sources in coordination with the territorial bodies of other federal executive bodies.

Temporarily agreed emissions are established for the period of stage-by-stage achievement of maximum allowable emissions, subject to compliance with technical emission standards and the availability of a plan to reduce emissions of harmful (polluting) substances into the air.

The deadlines for the phased achievement of maximum allowable emissions are established by the state authorities of the constituent entities of the Russian Federation on the proposal of the relevant territorial bodies of the specially authorized federal executive body in the field of atmospheric air protection.

A plan for reducing emissions of harmful (polluting) substances into the atmospheric air is developed and implemented by legal entities, individual entrepreneurs, for whom temporarily agreed emissions are established, taking into account the degree of danger of these substances for human health and the environment.

For the purpose of state regulation of harmful physical effects on the atmospheric air, maximum allowable standards for harmful physical effects on atmospheric air.

Emission regulations harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air, methods for their determination are reviewed and improved as science and technology develop, taking into account international standards.

Emission regulations harmful (polluting) substances into the air and maximum allowable standards harmful physical effects on the atmospheric air, temporarily agreed emissions, methods for their determination and types of sources for which they are established, developed and approved in the manner determined by the Government of the Russian Federation.)

Art. 14. Permit for the emission of harmful (polluting) substances into the atmospheric air and a permit for harmful physical effects on the atmospheric air

1.ejection harmful (polluting) substances into the atmospheric air by a stationary source allowed on the basis of a permit issued by the territorial body of the federal executive body in the field of environmental protection, executive authorities of the constituent entities of the Russian Federation, exercising state management in the field of environmental protection, in the manner determined by the Government of the Russian Federation.

Resolution for the emission of harmful (polluting) substances into the atmospheric air maximum allowable emissions are set and other conditions that ensure the protection of atmospheric air.

The procedure for issuing permits for emissions harmful (polluting) substances into the atmospheric air during the operation of vehicles and other mobile vehicles established by the federal executive body in the field of environmental protection(item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004).

2. Harmful physical effects on the atmospheric air are allowed on the basis of permits issued in the manner determined by the Government of the Russian Federation.

For the issuance of permits for emissions harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air state duty paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees (paragraph as amended by Federal Law No. 374-FZ of December 27, 2009).

3. In the absence of permits for emissions harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air, as well as in case of violation of the conditions provided for by these permits, emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it can be limited, suspended or terminated in the manner prescribed by the legislation of the Russian Federation.

Art. 22. Inventory of emissions of harmful (polluting) substances into the atmospheric air, harmful physical effects on the atmospheric air and their sources

Legal entities, individual entrepreneurs that have sources of emissions of harmful (polluting) substances into the air and harmful physical effects on it, conduct an inventory of emissions harmful (polluting) substances into the atmospheric air, harmful physical effects on the atmospheric air and their sources in the manner determined by the federal executive body in the field of environmental protection year N 122-FZ;
Sources of emissions of harmful (polluting) substances into the air, sources of harmful physical effects to atmospheric air lists of harmful (polluting) substances, lists of harmful physical effects on atmospheric air, subject to state accounting and regulation, for organizations, urban and other settlements, constituent entities of the Russian Federation and the Russian Federation as a whole are set based on the data on the results of the emission inventory harmful (polluting) substances into the atmospheric air, harmful physical effects on the atmospheric air and their sources in the manner established by the federal executive body in the field of environmental protection.

Art. 30. Obligations of citizens and legal entities with stationary and mobile sources of emissions of harmful (polluting) substances into the air

Legal entities with stationary emission sources harmful (polluting) substances into the atmospheric air are obliged to:

ensure emission inventories harmful (polluting) substances into the air and the development of maximum allowable emissions and maximum allowable standards harmful physical impact on atmospheric air;
coordinate the construction sites of objects of economic and other activities that have a harmful effect on the atmospheric air, with territorial bodies of the federal executive body in the field of environmental protection and territorial bodies of other federal executive bodies;
implement low-waste and waste-free technologies in order to reduce the level of air pollution;
plan and implement measures for the capture, disposal, neutralization of emissions harmful (polluting) substances into the air, reduce or eliminate such emissions;
take measures to prevent and eliminate accidental releases harmful (polluting) substances into the air, as well as elimination of the consequences of its pollution;
account for emissions harmful (pollutant) substances into the atmospheric air and their sources, to carry out production control over compliance with the established standards for emissions of harmful (pollutant) substances into the atmospheric air;
comply with the rules of operation structures, equipment intended for purification and control of emissions of harmful (pollutant) substances into the atmospheric air;
ensure compliance with the regime of sanitary protection zones objects of economic and other activities that have a harmful effect on the atmospheric air;
ensure timely removal of air polluting waste from the relevant territory of the object of economic and other activities to specialized places for storage or burial of such wastes, as well as to other objects of economic and other activities using such wastes as raw materials:
comply with the instructions of officials of the federal executive body in the field of environmental protection and its territorial bodies, other federal executive bodies and their territorial bodies on the elimination of violations of the requirements of the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation in the field of environmental protection;
immediately transmit information about accidental emissions that caused air pollution, which may threaten or threaten the life and health of people or has harmed the health of people and (or) the environment, to state bodies of supervision and control (paragraph as amended by Federal Law of December 30, 2008 N 309 -FZ, - see the previous edition);
give in accordance with the established procedure, to bodies exercising state management in the field of environmental protection and supervision over compliance with the legislation of the Russian Federation, timely, complete and reliable information on atmospheric air protection;
comply with other requirements for the protection of atmospheric air established by the federal executive body in the field of environmental protection and its territorial bodies, other federal executive bodies and their territorial bodies.

2.Legal entities in the production and operation of vehicles and other mobile vehicles and installations and citizens in the operation of transport and other mobile vehicles and installations must ensure that such facilities and installations do not exceed the established technical emission standards.

Certificate of state registration of a legal entity.
Lease agreement or evidence of ownership of land, buildings, premises and structures.
Contracts for electricity supply, heat supply, water supply, gas supply (or letters of intent, technical conditions for connection).
General plan (M 1:500).
Situational plan, (M 1:2000) indicating the boundaries of the object, explication of the surrounding objects, promising development.
A letter about the anchor coordinates of the object in question.
Background concentrations of pollutants in the area where the facility is located.
Climatic characteristics of the region.
Copy of building permit, copies of work orders.
Copy of POS.
Certificates for raw materials (paint, putty, glue, detergents, electrodes, fuel, etc.)
TX and companion volumes of the project.
Specify the location of the container site and the frequency of garbage collection from the enterprise.
If there is a GOU (gas treatment plant) - a certificate of the GOU, passports for the GOU.

RF LAW "ON ATMOSPHERIC AIR PROTECTION" (96-FZ - 1999).

Art. 31 Responsibility for violation of the legislation of the Russian Federation in the field of atmospheric air protection

Persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation

Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ, CHAPTER 8:

Article 8.5. Hiding or misrepresenting environmental information

Concealment, deliberate distortion or untimely communication of complete and reliable information on the state of the environment and natural resources, on sources of pollution of the environment and natural resources or other harmful effects on the environment and natural resources, on the radiation situation, as well as the distortion of information about the state of lands, water bodies and other environmental objects by persons obliged to report such information, - (as amended by the Federal Law of December 30, 2008 N 309-FZ) entails the imposition:

an administrative fine for citizens in the amount of 500 to 1,000 rubles;
a fine on officials - from 1,000 to 2,000 rubles;
a fine for legal entities - from 10,000 to 20,000 rubles.

Article 8.21. Violation of the rules for the protection of atmospheric air

Administrative fine for the emission of harmful substances into the atmospheric air or harmful effects on it without a special permit INCREASED for officials by 10 times (from 4-5 thousand rubles up to 40-50 thousand rubles), for persons engaged in entrepreneurial activities without forming a legal entity - 8-10 times (from 4-5 thousand rubles up to 30-50 thousand rubles), for legal entities - 4.5-5 times (from 40-50 thousand rubles up to 180-250 thousand rubles).

In addition, for the first time for individual entrepreneurs SET FINE for violation of the conditions of a special permit for the emission of harmful substances into the air or harmful physical effects on it in the amount of 30-50 thousand rubles. For officials, administrative responsibility for such a violation has been increased by 3.3-5 times (from 3-4 thousand up to 10-20 thousand rubles), for legal entities - by 2.6-2.5 times (from 30-40 thousand up to 80-100 thousand rubles).

CRIMINAL CODE OF THE RUSSIAN FEDERATION OF JUNE 13, 1996 N 63-FZ

Article 251. Pollution of the atmosphere

1. Violation of the rules for the emission of pollutants into the atmosphere or violation of the operation of installations, structures and other objects. Lease agreement or evidence of ownership of land, buildings, premises and structures. Acts that caused pollution or any other change in the natural properties of the air are punishable by:

a fine of up to 80,000 rubles;
or in the amount of wages or other income of the convicted person for a period of up to 6 months;
or deprivation of the right to hold certain positions or engage in certain activities for up to 5 years;
or compulsory works for up to 360 hours;
or correctional labor for up to 1 year, or arrest for up to 3 months.

The same deeds negligently causing harm to human health are punishable by a fine in the amount of up to 200,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to 2 years, or by forced labor for a term of up to 2 years, or by deprivation of liberty for the same term.
The acts provided for by paragraphs 1 or 2 of this article, which negligently caused the death of a person, are punishable by forced labor for a term of two to five years or imprisonment for a term of up to 5 years.
On the practice of application by the courts of legislation on liability for the commission of a crime provided for in Article 252 of the Criminal Code of the Russian Federation, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 N 14.

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Document's name:
Document Number:	183
Document type:
Host body:	Government of the Russian Federation
Status:	current
Published:
Acceptance date:	March 02, 2000
Effective start date:	March 02, 2000
Revision date:	July 14, 2017

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it

Document as amended by:
Decree of the Government of the Russian Federation of April 14, 2007 N 229 (Collected Legislation of the Russian Federation, N 17, 04/23/2007);
Decree of the Government of the Russian Federation of April 22, 2009 N 351 (Collected Legislation of the Russian Federation, N 18, 04.05.2009, (Part II));
(Collected Legislation of the Russian Federation, No. 9, February 28, 2011);
(Collected Legislation of the Russian Federation, N 37, 09/10/2012);
(Official Internet portal of legal information www.pravo.gov.ru, 10.06.2013);
(Official Internet portal of legal information www.pravo.gov.ru, 07/19/2017, N 0001201707190045).
____________________________________________________________________

In order to implement Articles 12 and 14 of the Federal Law "On the Protection of Atmospheric Air", the Government of the Russian Federation

decides:

1. Approve the attached Regulations on the standards for emissions of harmful (polluting) substances into the air and harmful physical effects on it.

2. Determine that the Ministry of Natural Resources and Ecology of the Russian Federation (paragraph as amended; as amended:

develops and approves methods (methods) for determining the standards for emissions of harmful (polluting) substances (with the exception of radioactive substances) into the air and temporarily agreed emissions; *2.1.2)
(The paragraph was supplemented by Decree of the Government of the Russian Federation of February 15, 2011 N 78; as amended by Decree of the Government of the Russian Federation of July 14, 2017 N 841.

approves the maximum permissible standards for harmful physical effects on the atmospheric air, with the exception of the maximum permissible standards for harmful physical effects that have a negative impact on human health, methods for determining these standards and types of sources for which they are established;

the paragraph became invalid as of July 27, 2017 -.

3. The clause became invalid on July 27, 2017 - Decree of the Government of the Russian Federation of July 14, 2017 N 841 ..

Prime Minister
Russian Federation
V.Putin

REGULATIONS on the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it

APPROVED
Government Decree
Russian Federation
of March 2, 2000 N 183

1. This Regulation determines the procedure for the development and approval of standards for emissions of harmful (pollutant) substances into the atmospheric air, harmful physical effects on the atmospheric air and temporarily agreed emissions, as well as the issuance of permits for emissions of harmful (pollutant) substances into the atmospheric air.
Decree of the Government of the Russian Federation of July 14, 2017 N 841.

2. In accordance with the Federal Law "On the Protection of Atmospheric Air", for the purpose of state regulation of emissions of harmful (polluting) substances into the atmospheric air, the following emission standards are established:

the technical standard for the emission of a harmful (polluting) substance into the atmospheric air (hereinafter referred to as the technical emission standard);

the maximum allowable emission of a harmful (polluting) substance into the atmospheric air (hereinafter referred to as the maximum allowable emission).

3. Technical emission standards for certain types of stationary sources of emissions of harmful (polluting) substances into the atmospheric air, as well as for vehicles or other mobile vehicles and installations of all types that are sources of atmospheric air pollution, are established by technical regulations (paragraph as amended by the Decree of the Government of the Russian Federation dated April 14, 2007 N 229.

4. The clause became invalid on July 27, 2017 - Decree of the Government of the Russian Federation of July 14, 2017 N 841 ..

5. When developing standards for emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air, methods for determining the maximum permissible emissions of harmful (polluting) substances in the atmospheric air, approved by the Ministry of Natural Resources and Ecology of the Russian Federation, are applied.

The development of standards for emissions of harmful (pollutant) substances (with the exception of radioactive substances) into the atmospheric air is carried out in accordance with the methods for determining the standards for emissions of harmful (pollutant) substances into the atmosphere established by the Ministry of Natural Resources and Ecology of the Russian Federation.

The standards for emissions of harmful (pollutant) substances into the atmospheric air are determined in relation to harmful (pollutant) substances included in the list of pollutants for which state regulation measures in the field of environmental protection are applied, approved by Decree of the Government of the Russian Federation dated July 8, 2015 N 1316-r.

When developing standards for maximum allowable emissions of radioactive substances into the atmosphere, methods (methods) approved by the Federal Service for Environmental, Technological and Nuclear Supervision are applied.
(Paragraph as amended, entered into force on July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841.

6. Maximum permissible emissions for a specific stationary source of emissions of harmful (pollutant) substances into the atmospheric air and a legal entity, an individual entrepreneur as a whole or its individual production areas, taking into account all sources of emissions of harmful (pollutant) substances into the atmospheric air of the specified legal entity, individual entrepreneur or their individual production areas, background air pollution and technical emission standards are established by the territorial bodies of the Federal Service for Supervision of Natural Resources (with the exception of radioactive substances) and the Federal Service for Environmental, Technological and Nuclear Supervision (in relation to emissions of radioactive substances) in the presence of sanitary - epidemiological conclusion on the compliance of these maximum permissible emissions with sanitary rules
Decree of the Government of the Russian Federation of July 14, 2017 N 841.

Compliance of maximum permissible emissions with sanitary rules is determined based on compliance with hygienic standards for atmospheric air quality.
(The paragraph is additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)
(Clause as amended by Decree of the Government of the Russian Federation of April 14, 2007 N 229; as amended

7. If it is impossible for a legal entity, an individual entrepreneur, having sources of emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air, to comply with the maximum allowable emissions, the territorial bodies of the Federal Service for Supervision in the Sphere of Natural Resources may establish for these sources in agreement with territorial bodies of other federal executive bodies temporarily agreed emissions of harmful (polluting) substances into the atmospheric air (hereinafter referred to as temporarily agreed emissions).

In order to establish temporarily agreed emissions (with the exception of radioactive substances), a legal entity, an individual entrepreneur develops and approves a plan to reduce emissions of harmful (polluting) substances into the air for the period of phased achievement of maximum allowable emissions (hereinafter referred to as the plan), and also prepares proposals for possible deadlines stage-by-stage achievement of maximum allowable emissions (hereinafter respectively - proposals on the terms for achieving the standards, the terms for achieving the standards).

Proposals on the terms for achieving the standards for other facilities that have a negative impact on the environment cannot exceed 7 years.

The plan and proposals on the deadlines for achieving the standards are sent by a legal entity, an individual entrepreneur to the appropriate territorial body of the Federal Service for Supervision in the Sphere of Natural Resources Management, which submits proposals on the deadlines for achieving the standards to the appropriate state authority of the constituent entity of the Russian Federation for approval with the plan attached.

The state authority of the subject of the Russian Federation, within a period not exceeding 15 working days from the date of receipt of proposals on the deadlines for achieving the standards, sends the approved deadlines for achieving the standards or a reasoned refusal to approve them to the appropriate territorial body of the Federal Service for Supervision in the Sphere of Natural Resources Management.

The submission of these documents and information can be carried out, including in electronic form, using a unified system of interdepartmental electronic interaction in accordance with Decree of the Government of the Russian Federation of September 8, 2010 N 697 "On a unified system of interdepartmental electronic interaction" .
(Paragraph as amended, entered into force on July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841.

7_1. The grounds for the refusal by the state authorities of the constituent entities of the Russian Federation to approve the deadlines for achieving the standards are the provision of incomplete, inaccurate or distorted information, as well as:

a) non-compliance with the deadlines for achieving the standards specified in the plan approved for the previous year;

b) re-inclusion in the plan of activities not completed during the implementation of the plan approved for the previous year;

c) inclusion in the plan of measures that do not ensure the achievement of maximum allowable emissions.
Decree of the Government of the Russian Federation of July 14, 2017 N 841)

7_2. Temporarily agreed emissions for the period of phased achievement of maximum allowable emissions are established by the territorial body of the Federal Service for Supervision in the Sphere of Natural Resources Management within a period not exceeding 30 working days from the date of receipt of the deadlines for achieving the standards approved by the state authority of the relevant constituent entity of the Russian Federation.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

8. The development of maximum permissible and temporarily agreed emissions of harmful (polluting) substances (with the exception of radioactive substances) is provided by a legal entity, an individual entrepreneur with stationary sources of emissions of harmful (polluting) substances into the air, on the basis of project documentation (in relation to those under construction, commissioned commissioning of new and (or) reconstructed objects of economic and other activities) and inventory data of emissions of harmful (polluting) substances into the air (in relation to existing objects of economic and other activities).
(Paragraph as amended, put into effect on July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841.

The development of maximum allowable emissions of radioactive substances is provided by a legal entity, an individual entrepreneur who has stationary sources of emissions of radioactive substances into the atmospheric air on the basis of project documentation (in relation to new and (or) reconstructed objects of economic and other activities put into operation) and inventory data of radioactive substances emissions into the atmospheric air (in relation to existing objects of economic and other activities).
(Paragraph as amended, put into effect on July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841.
(Item as amended by Decree of the Government of the Russian Federation of February 15, 2011 N 78.

9. Standards for maximum permissible emissions and temporarily agreed emissions (with the exception of radioactive substances) are established by the territorial bodies of the Federal Service for Supervision of Natural Resources for a specific stationary source of emissions of harmful (polluting) substances into the atmospheric air and their combination (organization as a whole).

The standards for maximum allowable releases of radioactive substances are established by the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision for a specific stationary source and their combination (organization as a whole).
(Paragraph as amended, entered into force on July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841.

9_1. In order to establish standards for maximum permissible emissions and temporarily agreed emissions of harmful (polluting) substances (with the exception of radioactive substances), legal entities, individual entrepreneurs with stationary sources, submit to the territorial bodies of the Federal Service for Supervision of Natural Resources at the place of their economic and other activities statement on the establishment of standards for maximum permissible emissions, containing the following information:

a) full and abbreviated names in accordance with the constituent documents, organizational and legal form, place of state registration, location, telephone, e-mail address (if any), main state registration number, individual taxpayer number - for a legal entity, as well as surname , name, patronymic (if any), place of residence, phone number, e-mail address (if any), details of the main identity document, main state registration number of an individual entrepreneur, individual taxpayer number - for an individual entrepreneur;

b) the location of individual production areas;

c) information on background air pollution, on the basis of which the concentration of harmful (polluting) substances in the air was calculated;

d) availability of a sanitary and epidemiological conclusion on the compliance of the maximum allowable emissions with sanitary rules.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_2. The following materials are attached to the application:

a) inventory data of emissions of harmful (polluting) substances into the atmospheric air - in relation to existing economic and other activities, or project documentation data - in relation to new and (or) reconstructed objects of economic and other activities under construction, commissioning, and (or) reconstructed;

b) project of maximum allowable emissions.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_3. To establish temporarily agreed emissions, legal entities, individual entrepreneurs, in addition to the information specified in paragraph 9.2 of this Regulation, also submit a draft plan.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_4. To establish the standards for maximum allowable emissions and temporarily agreed emissions, these legal entities, individual entrepreneurs can send an application and documents in the form of an electronic document signed with an enhanced qualified electronic signature using the federal state information system "Unified portal of state and municipal services (functions)".
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_5. The territorial bodies of the Federal Service for Supervision of Natural Resources consider the application, materials and draft plan submitted by legal entities, individual entrepreneurs for setting standards for maximum allowable emissions or temporarily agreed emissions and make a decision to establish standards for maximum allowable emissions and temporarily agreed emissions or a decision to refuse their establishment (with a reasoned justification).
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_6. The grounds for refusal to set standards for maximum allowable emissions are the provision of incomplete, inaccurate or distorted information, as well as:

a) the availability of information, confirmed by the results of state supervision in the field of atmospheric air protection, about the unreliability of the presented data on the inventory of emissions of harmful (pollutant) substances into the atmospheric air (on the quantitative and qualitative composition of emissions, as well as on the characteristics of emission sources);

b) discrepancy between the data used in the development of the draft standards for maximum permissible emissions, the data of the project documentation (in relation to the construction, commissioning of new and (or) reconstructed objects of economic and other activities) or the data of the inventory of emissions of harmful (polluting) substances into the atmospheric air ( in relation to existing objects of economic and other activities), including an indication of an incomplete list of emitted harmful (polluting) substances;

c) the presence of arithmetic errors in the developed draft standards for maximum allowable emissions (taking into account measurement errors);

d) the presence in the developed draft standards of maximum permissible emissions of substances, the volume or mass of emissions of which exceed the maximum permissible emissions.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_7. The grounds for refusal to establish temporarily agreed emissions are:

a) provision of incomplete, unreliable or distorted information for establishing temporarily agreed emissions;

b) a reasoned refusal of the state authorities of the constituent entity of the Russian Federation to approve the deadlines for achieving the standards;

c) an indication as the final indicators of the plan of volumes or masses of emissions of harmful (polluting) substances that exceed the maximum allowable emissions.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_8. The establishment of standards for maximum permissible emissions and temporarily agreed emissions (with the exception of radioactive substances) is formalized by the decision of the territorial body of the Federal Service for Supervision of Natural Resources in the form approved by the Ministry of Natural Resources and Ecology of the Russian Federation.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_9. Standards for maximum permissible emissions of harmful (polluting) substances (except for radioactive substances) are set for 7 years.

Temporarily agreed releases (with the exception of radioactive substances) are established for the time limits for achieving the standards approved by the state authority of the constituent entity of the Russian Federation.

The establishment of standards for maximum permissible emissions and temporarily agreed emissions (with the exception of radioactive substances) is formalized by the decision of the territorial body of the Federal Service for Supervision of Natural Resources in the form approved by the Ministry of Natural Resources and Ecology of the Russian Federation.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

9_10. The territorial authorities of the Federal Service for Supervision of Natural Resources within 5 working days after the establishment of standards for maximum permissible emissions and temporarily agreed emissions (with the exception of radioactive substances) send a copy of the decision on their establishment to the appropriate state authority of the constituent entity of the Russian Federation, and also inform the territorial authority Federal Service for Supervision of Consumer Rights Protection and Human Welfare on the establishment of temporarily agreed emissions and deadlines for achieving standards.

The territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision inform the state authority of the constituent entity of the Russian Federation about the standards for maximum permissible emissions of radioactive substances into the atmospheric air established for stationary sources located at economic and other activities.

Emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air by stationary sources located at objects of economic and other activities subject to federal state environmental supervision are allowed on the basis of a permit issued by the territorial bodies of the Federal Service for Supervision in the Sphere of Natural Resources.

A permit for emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air by stationary sources located at facilities of economic and other activities subject to federal state environmental supervision is issued simultaneously with the establishment of standards for maximum permissible emissions and temporarily agreed emissions.

A permit for emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air is issued for a period corresponding to the period for which the standards for maximum permissible emissions are established.

A permit for temporarily agreed emissions (with the exception of radioactive substances) is issued for 1 year, provided that the legal entity, individual entrepreneur fulfills the plan and achieves the planned indicators for the gradual reduction of emissions of harmful (polluting) substances into the atmospheric air.

Emissions of radioactive substances into the atmospheric air by stationary sources located at the facilities of economic and other activities are allowed on the basis of a permit issued by the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision.

Emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air by stationary sources located at the facilities of economic and other activities subject to regional state environmental supervision are allowed on the basis of a permit issued by the executive authorities of the constituent entities of the Russian Federation that carry out state administration in the region. environmental protection.
(The paragraph was additionally included from July 27, 2017 by Decree of the Government of the Russian Federation of July 14, 2017 N 841)

10. The form of permission for emissions of harmful (polluting) substances (with the exception of radioactive substances) into the atmospheric air is approved by the Ministry of Natural Resources and Ecology of the Russian Federation (paragraph as amended by Decree of the Government of the Russian Federation of April 14, 2007 N 229; as amended by Decree of the Government of the Russian Federation dated April 22, 2009 N 351; supplemented by the Decree of the Government of the Russian Federation dated February 15, 2011 N 78.

The procedure for issuing and the form of permits for emissions of radioactive substances into the atmosphere are approved by the Federal Service for Ecological, Technological and Nuclear Supervision (the paragraph was additionally included by Decree of the Government of the Russian Federation of February 15, 2011 N 78).

11. Sources of emissions of harmful (polluting) substances into the atmospheric air and lists of harmful (polluting) substances subject to state accounting and regulation for legal entities, the territory of urban and other settlements and their parts, constituent entities of the Russian Federation and the Russian Federation as a whole are established on the basis of data on the results of the inventory of emissions of harmful (polluting) substances into the atmosphere and their sources in the manner determined by the Ministry of Natural Resources and Ecology of the Russian Federation (paragraph as amended by Decree of the Government of the Russian Federation of April 14, 2007 N 229; April 22, 2009 N 351.

12. Standards for harmful physical impacts on the atmospheric air are established by permits issued by the Federal Service for Supervision of Natural Resources Management and the Federal Service for Supervision of Consumer Rights Protection and Human Welfare as approved by the Ministry of Natural Resources and Ecology of the Russian Federation and the Federal Service for Supervision of Environmental Protection, respectively. consumer protection and human welfare form.
(Clause as amended by Decree of the Government of the Russian Federation of April 14, 2007 N 229; as amended by Decree of the Government of the Russian Federation of April 22, 2009 N 351; as amended by Decree of the Government of the Russian Federation of February 15, 2011 N 78; as amended by from September 18, 2012 by Decree of the Government of the Russian Federation of September 4, 2012 N 882; as amended, put into effect on June 18, 2013 by Decree of the Government of the Russian Federation of June 5, 2013 N 476.

13. Fees may be levied for the issuance of permits for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air in accordance with the legislation of the Russian Federation.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it (with changes as of July 14, 2017)

Document's name:	On the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it (with changes as of July 14, 2017)
Document Number:	183
Document type:	Decree of the Government of the Russian Federation
Host body:	Government of the Russian Federation
Status:	current
Published:	Collection of Legislation of the Russian Federation, N 11, 13.03.2000, art. 1180
Acceptance date:	March 02, 2000
Effective start date:	March 02, 2000
Revision date:	July 14, 2017

Reading time: 11 min

From 01/01/2019, permits for the emission of harmful (polluting) substances (VZV) into the atmospheric air (A) are no longer issued, now enterprises must have a document - the calculation of the standards for permissible emissions.

Frequently asked Questions

Previously obtained permits are valid for the period of validity of the term of this permit, provided, of course, that the technological processes leading to the release of pollutants into the wastewater are unchanged?

Valid for the duration of the license.

Do I need to reconcile the bill?

No, don't. The calculation is approved by the head of the enterprise.

Is it necessary to obtain a sanitary and epidemiological conclusion from Rospotrebnadzor?

Necessary. Sanitary and epidemiological legislation has not been canceled. Look at FZ-52, SanPiN 2.1.6.1032-01. There is an article on this subject on my website.

Are there requirements for the registration of the calculation of NDV?

Currently - no.

Ask a Question

Calculation of allowable emission standards from 01/01/2019 is required for enterprises of 1, 2, 3 categories of ONVOS:

When planning the construction of objects of categories 1 and 2 as part of the environmental impact assessment, it is also necessary to calculate the allowable emission standards.

The specified calculation is one of the applications for category 2 NVOS objects, for which it is an integral part of the integrated environmental permit.

Primarily for calculating the standards for permissible emissions - conducting. As a result of which all sources of atmospheric air at the enterprise will be identified and taken into account with the determination of VZV emission indicators, incl. to identify VZV 1, 2 hazard classes (relevant for the 3 category ENE).

There are currently no specific requirements for the calculation of allowable emission standards.

Also, there is no requirement for approval by the state bodies of the specified calculation.

One of the explanatory letters states that

The Ministry of Natural Resources of Russia considers it possible to present the results of calculations of allowable emission standards, allowable discharge standards according to the current forms provided for by the Administrative Regulations of the Federal Service for Supervision in the Sphere of Natural Resources for the provision of public services for issuing permits for emissions of harmful (polluting) substances into the atmospheric air (with the exception of radioactive substances ), approved by the order of the Ministry of Natural Resources of Russia dated 25.07.2011 N 650, and the Methodology for the development of standards for permissible discharges of substances and microorganisms into water bodies for water users, approved by order of the Ministry of Natural Resources of Russia dated 17.12.2007 N 333, respectively.

Responsibility for the lack of calculation of allowable emission standards

Previously, for the lack of a permit for the release of VZV into AW, enterprises were attracted under part 1 of Article 8.21 of the Code of Administrative Offenses of the Russian Federation, the punishment in the form of a fine for a legal entity ranged from 180 thousand rubles.

Currently, the Code of Administrative Offenses of the Russian Federation does not provide for a separate article for the lack of calculation of allowable emission standards.

But there is article 8.5 of the Code of Administrative Offenses of the Russian Federation regarding concealment, deliberate distortion or untimely reporting of complete and reliable information in the declaration on the impact on the environment. This is relevant for the 2nd category of the EWOS. Fine for a legal entity - 20.0 thousand in the minimum amount.

For objects of the 1st category for the absence of a comprehensive environmental permit, Article 8.47 of the Code of Administrative Offenses of the Russian Federation will be applied, which provides for liability for a legal entity in the minimum amount of 50.0 thousand rubles.

Emission limits - justification

Article 22
1. Permissible emission standards are determined for a stationary source and (or) a set of stationary sources in relation to pollutants included in the list of pollutants established by the Government of the Russian Federation, by calculation on the basis of environmental quality standards, including standards for maximum allowable concentrations, taking into account the background state of the components of natural environment.
2. is carried out by legal entities and individual entrepreneurs planning the construction of objects of categories I and II (during the environmental impact assessment), as well as those carrying out economic and (or) other activities at objects of category II.
3. Calculation of allowable emission standards is an annex to the declaration on environmental impact, submitted accordingly to the federal executive body authorized by the Government of the Russian Federation, the executive body of the constituent entity of the Russian Federation in the manner established by Article 31.2 of this Federal Law, except for the cases provided for by Article 23.1 of this Federal Law.
4. Permissible emission standards, with the exception of radioactive, highly toxic substances, substances with carcinogenic, mutagenic properties (substances of I, II hazard class) are not calculated for objects of category III.
5. Permissible emission standards are not calculated for category IV facilities.
6. Methods and (or) methods for developing standards for permissible emissions, standards for permissible discharges are approved by the federal executive body authorized by the Government of the Russian Federation.

GK "Effective Security"- carrying out and registration of the calculation of standards for permissible emissions of pollutants in Moscow, the Moscow region, Kazan and the Republic of Tatarstan. Best price, best quality.

Cost: from 20 000 rubles. Development time: from 20 working days. Validity: 7 years.

Calculation of allowable emission standards (NDV)- a document in which the calculation for a certain object of negative environmental impact (ONVOS) of the permissible emission standards of a harmful (polluting) substance into the atmospheric air is made, which is defined as the volume or mass of a chemical or a mixture of chemicals, microorganisms, other substances, as an indicator of activity radioactive substances allowed for release into the atmospheric air by a stationary source and (or) a combination of stationary sources, and subject to which the requirements for the protection of atmospheric air are met.

In accordance with paragraph 2 of Article 22 of Federal Law No. 7-FZ of January 10, 2002 (as amended on July 29, 2018) “On Environmental Protection”, the calculation of allowable emission standards, allowable discharge standards is carried out by legal entities and individual entrepreneurs planning the construction of objects of categories I and II of the NEOS (when conducting an environmental impact assessment), as well as those carrying out economic and (or) other activities at objects of category II.

Also, paragraph 4 of Article 22 of the Federal Law of January 10, 2002 No. 7-FZ (as amended on July 29, 2018) “On Environmental Protection” establishes the obligation to calculate the standards for permissible emissions of substances of hazard class 1 and 2 for facilities III categories of NIOS.

Clause 1 of Article 30 of Federal Law No. 96-FZ of May 4, 1999 (as amended on July 29, 2018) “On the Protection of Atmospheric Air” obliges legal entities and individual entrepreneurs to ensure the development of maximum allowable emissions and maximum allowable standards for harmful physical impact on atmospheric air.

The content of the calculation of standards for permissible emissions

Due to the absence of special requirements for the execution of the calculation of the standards for permissible emissions of pollutants into the atmosphere, the requirements established by the "Recommendations for the design and content of the draft standards for maximum permissible emissions into the atmosphere" are taken as a basis, approved. Goskomgidromet of the USSR 28.08.1987. and Guidelines for the calculation, standardization and control of emissions of pollutants into the atmospheric air, Research Institute "Atmosfera" 2012. The volume and content of the calculation of emission standards in each individual case is determined by the activities of the enterprise and the characteristics of emission sources. The calculation of NDV includes the following sections:

Section 1. Brief description of the company's activities;

Section 2 Characteristics of the enterprise as a source of air pollution:

Brief description of technological equipment and technological processes;

List of harmful substances emitted into the atmosphere;

Section 3 Calculations of atmospheric air pollution and proposals for DV standards for emission sources:

Determination of sources of emissions and harmful substances subject to regulation;

Preliminary analysis of the impact of pollutant emissions on pollution of the surface layer of the atmosphere;

Detailed calculations of the dispersion of pollutants in the atmospheric air using specialized programs (UPRZA);

Proposals for NDV in the atmospheric air for the object of the EIA.

Stages of calculation of allowable emissions standards

The main stages for the calculation of standards for permissible emissions of pollutants into the atmosphere:

Initial consultation, during which our specialist clarifies information about your organization, namely: the scope of activities, the number of objects and sources, their location, the availability of a permit for the emission of pollutants and the previous project, or the current inventory of sources and emissions of pollutants. If you have a previous project, then you need to clarify what changes have occurred during the life of this project;

Estimating the cost, drafting the contract and paying the invoice;

Collection of information;

Departure of specialists in order to carry out if necessary;

Carrying out laboratory measurements of emissions (for organized sources of emissions);

Carrying out dispersion calculation;

Evaluation of the information received;

Registration of calculation of norms of admissible emissions.

Legislation

Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection";
Federal Law of May 4, 1996 No. 96-FZ “On the Protection of Atmospheric Air”;
GOST 17. 2. 3.02-78 “Nature protection. Atmosphere";
By letter of the Ministry of Natural Resources of Russia dated March 29, 2012 N 05-12-47 / 4521, the "Methodological guide for the calculation, standardization and control of emissions of pollutants into the atmosphere" (amended and revised), OAO "NII Atmosfera", St. Petersburg , 2012;
Recommendations on the design and content of the draft standards for maximum allowable emissions into the atmosphere (MAE) for the enterprise, approved. USSR State Committee for Hydrometeorology on August 28, 1987;
Order of the Ministry of Ecology and Natural Resources of the Republic of Tatarstan dated April 20, 2012 N 143-p "On approval of the Administrative Regulations of the Ministry of Ecology and Natural Resources of the Republic of Tatarstan for the provision of public services for issuing permits for emissions of harmful (polluting) substances into the atmospheric air by stationary sources"
Decree of the Government of the Russian Federation of March 02, 2000 No. 183 "On the standards for emissions of harmful (polluting substances) into the atmospheric air and harmful physical effects on it";
Order of the Ministry of Natural Resources and Ecology of the Russian Federation dated September 29, 2015 No. 414 "On Approval of the Administrative Regulations of the Federal Service for Supervision in the Sphere of Natural Resources for the Provision of a Public Service for Establishing Maximum Permissible Emissions and Temporarily Agreed Emissions"
Order of the Ministry of Natural Resources of Russia dated December 26, 2016 No. 674 “On Approval of Methods for Calculating the Dispersion of Emissions of Harmful (Polluting) Substances in the Atmospheric Air”

Questions and answers

Question number 1. Our company is exceeding the maximum allowable concentration (MPC) of two substances in the composition of emissions. What should we do in this situation?

In this situation, it is necessary to develop a similar draft MPE, but there are some differences. Firstly, if the MPC is exceeded, a permit for the emission of pollutants into the atmospheric air is issued for a period not exceeding 1 year. Secondly, a prerequisite is the development and approval of an action plan to reduce (reduce) emissions and submit a report on the implementation of this plan. In case of non-fulfillment of the approved plan, increasing coefficients are provided for payments for negative environmental impact - 100 times.

Temporarily Agreed Emissions (TSV) - a temporary emission limit that is set for existing stationary sources of emissions, taking into account the quality of atmospheric air and the socio-economic conditions for the development of the relevant territory in order to gradually achieve the established maximum allowable emission (Federal Law of 04.05.1999 N 96-FZ ).

Question number 2. Can we independently conduct an inventory of emission sources?

If your company has carcinogenic factors, then you need a passport.

Oh sure. But it should be noted that the final stage of the inventory is the measurement of emissions of harmful substances into the air. Measurement and analysis of emissions can only be carried out by an accredited laboratory.

Some time ago, we encountered a problem in the development of the MPE project, namely: an inventory was carried out by the employees of the enterprise and a third-party laboratory, during which the types of emission sources were not quite correctly indicated (unorganized sources turned into organized ones) and their location. In this regard, we had to independently conduct an inventory and make changes to the developed draft MPE.

TAGS: NDV, allowable emission standards, MPE, draft maximum allowable emission standards, maximum allowable emissions standards, emissions into the air, emissions of pollutants into the air, emission standards, calculation of emission standards, pollutants, atmospheric air

Rationing in the field of environmental protection is carried out for the purpose of state regulation of the impact of economic and other activities on the environment, which guarantees the preservation of a favorable environment and environmental safety.

According to paragraph 2 of Art. 19 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” (as amended on June 25, 2012), regulation in the field of environmental protection consists in establishing environmental quality standards, standards for permissible environmental impact in the course of economic and other activities, other standards in the field of environmental protection, as well as regulatory documents in the field of environmental protection.

One of the types of allowable impact standards established for users of natural resources are emission limits(PDV).

In accordance with paragraph 1 of Art. 14 of the Federal Law of 04.05.1999 No. 96-FZ “On the Protection of Atmospheric Air” (as amended on 06.25.2012; hereinafter referred to as Federal Law No. 96-FZ) emission of harmful (polluting) substances into the atmospheric air (hereinafter referred to as emission) by stationary source is allowed on the basis of a permit issued by the territorial body of the federal executive body in the field of environmental protection, executive bodies of the constituent entities of the Russian Federation exercising state administration in the field of environmental protection, in the manner determined by the Government of the Russian Federation.

It should be taken into account that the approval of MPE standards and the issuance of emission permits are two different administrative procedures that require time.

According to paragraph 10 of the Administrative Regulations of the Federal Service for Supervision of Natural Resources for the provision of public services for issuing permits for emissions of harmful (polluting) substances into the air (with the exception of radioactive substances), approved by Order of the Ministry of Natural Resources of Russia dated July 25, 2011 No. 650 (hereinafter - Administrative Regulations), in order to obtain a permit for emissions from the territorial body of Rosprirodnadzor, the application must be accompanied by, among other things, duly approved and current standards for MPE and temporarily agreed emissions (TSV) for each specific stationary source of emissions and the business entity as a whole ( including its individual production areas) or by individual production areas.

Thus, it can be concluded that if an enterprise has stationary (organized and unorganized) sources of emissions, it is obliged to obtain an emission permit. And an enterprise can obtain this permit only on the basis of approved MPE standards.

The obligations of legal entities with stationary sources of emissions are listed in Art. 30 of Federal Law No. 96-FZ. One of these responsibilities is to ensure that the inventory of emissions and the development of ELVs.

MPE are established by the territorial bodies of the federal executive body in the field of environmental protection for a specific stationary source of emissions and their totality (organization as a whole).

According to paragraph 4 of Art. 12 of Federal Law No. 96-FZ, in the event that it is impossible for legal entities, individual entrepreneurs with emission sources to comply with the MPE, the territorial bodies of the federal executive body in the field of environmental protection may establish for such sources of ESM in agreement with the territorial bodies of other federal executive bodies.

Our dictionary. Emission limit(MPE) - the maximum allowable emission standard, which is set for a stationary source of atmospheric air pollution, taking into account the technical standards for emissions and background air pollution, provided that this source does not exceed hygienic and environmental standards for atmospheric air quality, maximum permissible (critical) loads on environmental systems, other environmental regulations.

Temporarily agreed release(TSV) is a temporary emission limit, which is set for existing stationary sources of emissions, taking into account the quality of atmospheric air and the socio-economic conditions for the development of the relevant territory in order to gradually achieve the established maximum allowable emission.

Therefore, in order to find out whether the company is obliged to fulfill the obligations established by Art. 30 of Federal Law No. 96-FZ, it is necessary to determine whether the enterprise has sources of emissions that are stationary objects of negative impact.

Clauses 3 and 4 of the Procedure for maintaining state accounting of objects that have a negative impact on the environment by the territorial bodies of the Federal Service for Environmental, Technological and Nuclear Supervision (Appendix to the Order of Rostekhnadzor dated November 24, 2005 No. 867) give the following definitions of stationary and mobile objects of negative impact:

stationary object of negative impact- an object from which the emission (discharge) of pollutants into the environment is carried out, firmly connected with the ground, i.e. an object, the movement of which is impossible without disproportionate damage to its purpose, an object for the placement of production and consumption waste, as well as an explosion;
mobile objects of negative impact- vehicles, aircraft, sea vessels, inland navigation vessels equipped with engines running on gasoline, diesel fuel, kerosene, liquefied (compressed) petroleum or natural gas.

To date, state accounting of legal entities and individual entrepreneurs with sources of emissions, and the amount and composition of emissions (hereinafter referred to as state accounting) is carried out by Rosprirodnadzor in accordance with the Procedure for State Registration of Legal Entities, Individual Entrepreneurs with Sources of Emissions of Harmful (Polluting) Substances into the Atmospheric air, as well as the amount and composition of emissions of harmful (polluting) substances into the atmospheric air, approved by the Order of the Ministry of Natural Resources of Russia dated October 26, 2011 No. 863 (hereinafter referred to as the Accounting Procedure). It should be noted that there are no definitions of mobile and stationary sources of emissions in the Accounting Procedure.

At the same time, in sub. "b" of clause 7 of the Accounting Procedure lists information (data) on emission sources that must be indicated when registering with the state. So, when submitting information about a mobile source of emissions, you must specify:

type of mobile emission source (air transport, water transport, rail transport, road transport);
registration number of the mobile source;
environmental class of the vehicle;
type and consumption of fuel (by type) by a mobile source (air transport, water transport, rail transport, road transport).

Thus, the main criterion for determining a mobile facility today is operation on a certain type of fuel, and the calculation of the fee for emissions of mobile facilities is based on the volume of fuel used. Mobile emission sources include various vehicles. Mobile installations used on the territory of the enterprise are mainly classified as stationary sources of emissions.

After determining the presence of operated stationary sources of emissions on the territory of the enterprise, it is necessary to find out whether these sources are subject to state accounting and regulation.

Order of the Ministry of Natural Resources of Russia No. 579 dated December 31, 2010 approved the Procedure for Establishing Sources of Emissions of Harmful (Polluting) Substances into the Atmospheric Air Subject to State Accounting and Rationing (hereinafter referred to as the Procedure) and the List of Harmful (Polluting) Substances Subject to State Accounting and Rationing (hereinafter referred to as the List ).

To sources of emissions subject to state accounting and regulation, include sources of emissions from which harmful (polluting) substances are emitted into the air, subject to state accounting and regulation. In turn, harmful (polluting) substances specified in the List, as well as harmful (polluting) substances not included in the List, that meet one of the following criteria are subject to state registration and regulation:

the emission hazard indicator, established in accordance with Appendix 1 to the Procedure, is greater than or equal to 0.1;
surface concentrations of emissions exceed 5% of the hygienic (environmental) air quality standard.

So, if emissions from stationary sources of an enterprise contain substances specified in the List or corresponding to one of the above criteria, i.e. subject to state accounting and rationing, then in this case it is necessary to develop a draft MPE, approve the MPE (MPE) standards and obtain an emission permit.

Within the framework of this article, the issue of developing a draft MPE will not be considered. No less interesting is the question of the actions of the enterprise after the development of this project.

After the draft MPE has been developed, it must be agreed upon, the standards for MPE (MPE) should be established, and an emission permit should be obtained. The enterprise should have an idea of how long the approvals may take and on the basis of which the enterprise may be refused.

To date, regulations the procedure for establishing MPE standards is not regulated. Thus, the deadline for approval and the grounds for refusing to approve the draft MPE are also not established.

In accordance with paragraph 6 of the Regulations on the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it, approved by Decree of the Government of the Russian Federation dated 02.03.2000 No. 183 (as amended on 04.09.2012), the maximum allowable emissions for a particular a stationary source of emissions of harmful (pollutant) substances into the air and a legal entity as a whole or its individual production areas, taking into account all sources of emissions of harmful (pollutant) substances into the atmospheric air of a given legal entity or its individual production areas, background air pollution and technical standards emissions are established by the territorial bodies of Rosprirodnadzor (with the exception of radioactive substances) in the presence of a sanitary and epidemiological conclusion on the compliance of these maximum permissible emissions with sanitary rules.

According to paragraph 6 of the Procedure for organizing and conducting sanitary and epidemiological examinations, surveys, studies, tests and toxicological, hygienic and other types of assessments, approved by Order of Rospotrebnadzor dated 07/19/2007 No. 224 (as amended on 08/12/2010), term for sanitary and epidemiological examinations at the request of a citizen, individual entrepreneur, legal entity is determined depending on the type and scope of research of a particular type of product, type of activity, work, services and cannot exceed two months.

Further, on the basis of an expert opinion, the territorial body of Rospotrebnadzor issues a sanitary and epidemiological conclusion. The term for issuing a sanitary-epidemiological conclusion is also not regulated. Therefore, according to the Model Regulations for the internal organization of federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 No. 452 (as amended on December 27, 2012), the deadline for issuing a sanitary and epidemiological conclusion is 30 days.

MPE and VVS standards are established by the territorial bodies of Rosprirodnadzor (with the exception of radioactive substances) for a specific stationary source of emissions and their totality (organization as a whole).

According to clause 8.13 of the Regulations of the Federal Service for Supervision of Natural Resources, approved by the Order of Rosprirodnadzor dated 06/29/2007 No. 191 (as amended on 10/15/2009), the response to the applicant is sent by the head (deputy head) of the territorial body of Rosprirodnadzor within 30 days from the date of registration appeals to Rosprirodnadzor, unless a different period is specified in the order. If necessary, the term for consideration of the application can be extended by the head of the territorial body of Rosprirodnadzor, but not more than 30 days, while informing the applicant and indicating the reasons for the extension.

Thus, according to the general procedure for handling issues related to the activities of Rosprirodnadzor, the deadline for approval of MPE standards is 30 days(may be extended by the head of Rosprirodnadzor for 30 days).

On a note. The draft MPE is being developed in accordance with the Methodology for calculating the concentrations in the atmospheric air of harmful substances contained in the emissions of enterprises (OND-86) (approved by the USSR State Hydrometeorological Committee on 04.08.1986 No. 192), GOST 17.2.3.02-78 “Nature Protection. Atmosphere. Rules for Establishing Permissible Emissions of Harmful Substances by Industrial Enterprises”, Recommendations on the Design and Content of Draft Standards for Maximum Permissible Emissions into the Atmosphere (MAE) for an Enterprise (approved by the USSR State Committee for Hydrometeorology on August 28, 1987) and other legal and methodological documents.

Since the legislation does not establish grounds for refusing to approve a draft MPE, it means that if the draft MPE is completed in accordance with the requirements of the documents listed above and has received a sanitary and epidemiological conclusion, then the refusal to establish MPE is unlawful.

After receiving a sanitary and epidemiological conclusion on the draft MPE, approval of MPE standards (MPE), the enterprise applies to the territorial body of Rosprirodnadzor or the executive authority of the constituent entity of the Russian Federation to obtain an emission permit.

In accordance with the Administrative Regulations, the territorial body of Rosprirodnadzor makes a decision to issue or refuse to issue an emission permit within a period not exceeding 30 working days.

The basis for refusal to issue permits for emissions is the presence of distorted information or false information in the applicant's materials. No other grounds for refusal to issue emission permits have been established.

In conclusion, I answer the question that nature users ask most often: “And what threatens us if we do not develop a draft MPE and do not receive an emission permit?” In the absence of permits, emissions may be limited, suspended or terminated in accordance with the procedure established by the legislation of the Russian Federation. Moreover, according to Art. 31 of Federal Law No. 96-FZ, persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation.

So, according to Art. 8.21 of the Code of Administrative Offenses of the Russian Federation, the release of harmful substances into the atmospheric air or harmful physical effects on it without a special permit entails imposition of an administrative fine:

for citizens - from 2000 to 2500 rubles;
for officials - from 4,000 to 5,000 rubles;
for persons engaged in entrepreneurial activities without forming a legal entity - from 4,000 to 5,000 rubles. or administrative suspension of activities for up to 90 days;
for legal entities - from 40,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.

E.N. Kolchina, ecologist-expert of Bravo Soft Group of Companies