Legal regulation of management in the field of protection of atmospheric air

General Provisions

The legal regulation of management in the field of atmospheric air protection in the Russian Federation represents a comprehensive set of measures aimed at preventing pollution and maintaining air quality at a safe level for health and the environment.

The main elements of such regulation include air quality standards and harmful physical impacts, issuance of permits for emissions, monitoring of atmospheric conditions, state registration of pollution sources, as well as supervision and monitoring of compliance with legislative requirements.

Air quality standards are established through the setting of hygienic and ecological norms, maximum allowable emission limits (MAEL) and maximum allowable levels of physical impacts.

Technical Emission Standards are developed for stationary sources and vehicles, while MAEL are established by territorial bodies of federal authorities.

In the event of an impossibility of complying with maximum allowable emissions for a specific source, temporarily agreed emissions are allowed, while enterprises are required to develop and implement a plan for reducing pollution taking into account the danger of substances to health and the environment.

Emissions of harmful substances and harmful physical effects on atmospheric air are allowed only based on permits issued by federal and regional government agencies.

Violation of permit conditions may lead to limitation or cessation of emissions. Control over compliance with these norms is carried out through state and production control, as well as via public supervision.

Monitoring of atmospheric air provides timely information on the state of the air to government authorities, organizations, and the population. The state inventory of emissions and their sources allows for the systematization of data on the impact on the atmosphere and planning measures PO to reduce it.

State supervision is carried out by authorized federal and regional government bodies with the aim of detecting and eliminating violations of legislation.

Production control is assigned to enterprises and organizations possessing pollution sources, while public control is carried out in accordance with the legislation of the Russian Federation and its federal subjects.

Thus, the legal regulation of management in the field of atmospheric air protection ensures a comprehensive approach to protecting the atmosphere, combining preventive measures, monitoring compliance with regulations, a permit system, and active public participation, which allows maintaining ecological safety and health of the population.

Among the main functions of management in the field of atmospheric air protection, one can highlight: setting quality standards for atmospheric air and harmful physical impacts on atmospheric air; permit for emission of harmful (polluting) substances into atmospheric air and permit for [harmful physical impact on atmospheric air](/enc/25524/

"Definition of the term 'Harmful Physical Impact on Atmospheric Air' in the legal encyclopedia"; monitoring of atmospheric air; state registration of harmful effects on atmospheric air and their sources; supervision and control in the field of atmospheric air protection.

Regulation of Atmospheric Air Quality and Harmful Physical Effects on Atmospheric Air

In order to determine the criteria for safety and (or) harmlessness of the impact of chemical, physical, and biological factors on humans, plants and animals, particularly protected natural territories and objects, as well as to assess the condition of atmospheric air, hygienic and ecological standards for air quality and maximum permissible levels of physical impacts on it are established. Hygienic and ecological standards for air quality,

The maximum permissible levels of physical impacts on atmospheric air are established and revised in accordance with the procedures determined by the Government of the Russian Federation (article 11 of the Federal Law "On the Protection of Atmospheric Air").

In order to regulate emissions of harmful (polluting) substances into the atmosphere, the following emission standards are established: technical standards of emissions; maximum permissible emissions. Technical standards of emissions are established by the federal authority of executive power in the field of environmental protection or another authority authorized by the Government of the Russian Federation.

federal authority of executive power in coordination with the federal authority of executive power in the field of environmental protection for certain types of stationary emission sources of harmful (polluting) substances into the atmosphere, as well as for transport or other mobile means and installations of all kinds that are sources of atmospheric air pollution. Maximum permissible emissions are established by territorial bodies of the federal authority of executive power in the field of environmental protection

environment for a specific stationary emission source of harmful (polluting) substances into atmospheric air and their aggregate (the organization as a whole).

In the event of an inability by legal entities, individual entrepreneurs having sources of emission of harmful (polluting) substances into atmospheric air to comply with maximum permissible emissions, territorial offices of the federal executive authority in the field of environmental protection may establish for such sources temporarily agreed-upon emissions by coordination with territorial offices of other federal executive authorities. Temporarily agreed-upon emissions are established for the period of phased achievement of maximum permissible emissions

under the conditions of compliance with technical emission standards and the presence of a plan for reducing emissions of harmful (polluting) substances into the atmospheric air. The deadlines for phased achievement of maximum permissible emissions are established by the state authorities of the subjects of the Russian Federation upon submission by the relevant territorial bodies of the federal executive body authorized in the field of atmospheric air protection. Plan for reducing emissions of harmful (polluting) substances into the atmospheric air is developed and implemented by legal entities

individuals and individual entrepreneurs for whom temporarily agreed emissions are established, taking into account the degree of danger of these substances to human health and the environment.

In order to regulate harmful physical effects on atmospheric air, maximum allowable standards for harmful physical effects on atmospheric air are established. Emission norms for harmful (polluting) substances into atmospheric air and maximum allowable standards for harmful physical effects on atmospheric air, temporarily coordinated emissions, methods for their determination and types of sources for which they are established, are developed and approved in accordance with procedures determined by the Government of the Russian Federation.

Emission norms for harmful (polluting) substances into atmospheric air and maximum permissible limits of harmful physical impacts on atmospheric air, as well as methods for their determination, are revised and improved in accordance with scientific and technical progress, taking into account international standards (article 12 of the Federal Law "On Atmospheric Air Protection").

Permit for emission of harmful (polluting) substances into atmospheric air and permit for harmful physical impact on atmospheric air

The discharge of harmful (polluting) substances into the atmospheric air from a stationary source is permitted on the basis of a permit issued by the territorial body of the federal executive authority in the field of environmental protection, and by the executive authorities of the subjects of the Russian Federation carrying out state management in the field of environmental protection, in accordance with the procedures established by the Government of the Russian Federation. The permit for the discharge of harmful (polluting) substances into the atmospheric air establishes maximum permissible emissions

and other conditions that ensure the protection of atmospheric air.

The procedure for issuing permits for emissions of harmful (polluting) substances into the atmosphere when operating transport and other mobile means is established by the federal executive body in the field of environmental protection.

Harmful physical effects on atmospheric air are permitted based on permits issued in accordance with procedures established by the Government of the Russian Federation. A state fee is paid for issuing permits for emissions of harmful (polluting) substances into the atmosphere and harmful physical effects on atmospheric air in amounts [1] and order [2], which are set by the legislation of the Russian Federation on taxes and fees.

In the absence of permits for emissions of harmful (polluting) substances into the atmospheric air and harmful physical impacts on the atmospheric air, as well as in case of violation of the conditions provided by these permits, emissions of harmful (polluting) substances into the atmospheric air and harmful physical impacts on it may be restricted, suspended or terminated in accordance with the procedures established by the legislation of the Russian Federation (article 14 of the Federal Law "On the Protection of Atmospheric Air").

Monitoring of atmospheric air

For the purposes of monitoring air pollution, comprehensive assessment and forecasting of its condition, as well as ensuring government authorities, local self-government bodies, organizations, and the population with current and emergency information on air pollution Government of the Russian Federation, state authorities of Russian Federation subjects, [local self-government bodies](/enc/29989/ "Definition of the term «Local self-government bodies»

«local self-government» in the legal encyclopedia) organize state monitoring of atmospheric air and within their competence ensure its implementation on the corresponding territories of the Russian Federation, subjects of the Russian Federation, and municipal formations.

State monitoring of atmospheric air is a component of state environmental monitoring (state monitoring of the environment) and is carried out by federal executive authorities in the field of environmental protection, other executive authorities within their jurisdiction in accordance with the procedures established by the federal executive authority authorized by the Government of the Russian Federation ³.

Territorial offices of the federal executive authority in the field of environmental protection, in conjunction with territorial offices of the federal executive authority in the field of hydrometeorology and related areas, establish and revise list of objects whose owners must carry out monitoring of atmospheric air (Article 23 of the Federal Law "On Protection of Atmospheric Air").

State registration of harmful effects on atmospheric air and their sources

Legal persons, individual entrepreneurs, having sources of emission of harmful (polluting) substances into the atmospheric air and sources of harmful physical impacts on the atmospheric air, as well as quantity and composition of emissions of harmful (polluting) substances into the atmospheric air, types and magnitudes of harmful physical impacts on it are subject to

state registration in accordance with procedures established by the federal executive body authorized by the Government of the Russian Federation. [List](/enc/3420/ "Definition of the term 'List' in the legal encyclopedia) of organizations conducting statistical observations in the field of environmental protection on corresponding territories is determined by territorial offices of the federal executive body in the field of environmental protection, in coordination with territorial offices of the state statistics service (Article 21 of the Federal Law "On Protection of Atmospheric Air").

Supervision and Control in the Field of Atmospheric Air Protection

In legislation on atmospheric air protection, state supervision in the field of atmospheric air protection, production control in the field of atmospheric air protection, as well as public control in the field of atmospheric air protection are provided for.

State Supervision in the Field of Atmospheric Air Protection

Under state supervision in the field of atmospheric air protection are understood the activities of authorized federal executive authorities and executive authorities of the subjects of the Russian Federation aimed at preventing, detecting, and halting violations by state authorities, local self-government bodies, as well as legal entities, their managers and other officials, individual entrepreneurs, and their authorized representatives (hereinafter - legal entities)

"encyclopedias"), individual entrepreneurs and citizens requirements established in accordance with international agreements of the Russian Federation, this Federal Law, other federal laws and other normative legal acts of the Russian Federation adopted in accordance therewith, as well as laws and other normative legal acts of the subjects of the Russian Federation in the field of protection of atmospheric air (hereinafter - mandatory requirements), through the organization and conduct of checks of these persons, adoption of measures provided for

by legislation of the Russian Federation measures to prevent and (or) eliminate the consequences of identified violations, and activity of the aforementioned authorized state organs in systematic monitoring of compliance with mandatory requirements, analysis and forecasting of the status of compliance with mandatory requirements when carrying out activities by state authorities, local self-government bodies, legal entities, individual entrepreneurs and citizens.

State supervision in the field of atmospheric air protection is carried out by authorized federal executive authorities and executive authorities of the subjects of the Russian Federation when they perform respectively federal state ecological supervision and regional state ecological supervision (hereinafter - state supervision authorities) in accordance with their competence under the legislation of the Russian Federation on environmental protection and the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision)"

municipal control».

State oversight authorities may be summoned by the court to participate in a case or may enter a case at their own initiative to provide an expert opinion on a claim for compensation of damage caused to the environment and its components as a result of violations of mandatory requirements (Article 24 of the Federal Law "On Atmospheric Air Protection").

Production Control Over Atmospheric Air Protection

Production control over atmospheric air protection is carried out by legal entities persons, [individual entrepreneurs](/enc/11528/ "Definition of the term 'Individual Entrepreneurs' in the legal encyclopedia) who have sources of harmful chemical, biological and physical impacts on atmospheric air and who appoint persons responsible for conducting production control over atmospheric air protection and (or) organize environmental services.

Legal entities and individual entrepreneurs who have sources of harmful chemical, biological, and physical effects on atmospheric air must ensure the protection of atmospheric air in accordance with the legislation of the Russian Federation in the field of atmospheric air protection.

Information on persons responsible for conducting production control over atmospheric air protection, as well as on the organization of environmental services at facilities engaged in economic and other activities, and results of production control over atmospheric air protection shall be submitted to the relevant [authority](/enc/33186/ "Definition of the term 'Authority' in the legal encyclopedia) of executive power performing state environmental supervision (Article 25 of the Federal Law "On Protection of Atmospheric Air").

Public Oversight of Atmospheric Air Protection

Public oversight of atmospheric air protection is carried out in accordance with the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation in the field of environmental protection, as well as the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation on public organizations (Article 26 of the Federal Law "On Protection of Atmospheric Air").

The state fee for issuing a permit for discharging harmful (polluting) substances into the atmosphere is 2,000 rubles (paragraph 116 of part 1 Article 333.33 of the Russian Tax Code). ↩
The order and deadlines for paying the state fee are regulated by Article 333.18 of the Russian Tax Code. ↩
The Ministry of Natural Resources and Ecology of the Russian Federation (Ministry of Natural Resources and Ecology of Russia) is authorized to establish the procedure for implementing

state monitoring of atmospheric air (paragraph 5.2.54 of the Regulations on the Ministry of Natural Resources and Ecology of the Russian Federation, approved by Government Decree No. 404 of the Russian Federation dated 29/05/2008 "On the Ministry of Natural Resources and Ecology of the Russian Federation"). ↩