Legal encyclopedia. The letter O

PROTECTION OF ATMOSPHERIC AIR

Atmospheric air is a vital component of the natural environment, which is a natural mixture of atmospheric gases outside the residential, industrial and other premises.

Pollution of atmospheric air - the entry into the atmospheric air or the formation of harmful substances in it in concentrations exceeding the hygienic and environmental standards of air quality established by the state.

A harmful substance is a chemical or biological substance or a mixture of such substances that are contained in the ambient air and which in certain concentrations have harmful effects on human health and the environment.

Harmful physical effects on atmospheric air are the harmful effects of noise, vibration, ionizing radiation, temperature and other physical factors that change the temperature, energy, wave, radiation and other physical properties of atmospheric air, human health and the environment.

The protection of atmospheric air is a system of measures implemented by the government bodies of the Russian Federation, state authorities of the subjects of the Russian Federation, local governments, legal entities and individuals with the aim of improving the quality of atmospheric air and preventing its harmful effects on human health and the environment.

According to OA V. legal entities that have sources of harmful substances emissions into the atmosphere, as well as harmful physical impact on the atmospheric air, develop and implement measures coordinated with territorial authorities of the specially authorized federal executive body in the field of atmospheric air protection to protect the atmospheric air Air.

A specially authorized federal executive body in the OAV region, its territorial bodies develop appropriate federal special-purpose programs, programs of the subjects of the Russian Federation and local programs for the protection of atmospheric air, taking into account measures to reduce emissions of harmful (polluting) substances, atmospheric air monitoring data, Results of the control of emissions of harmful substances, results of calculations of dispersion of emissions of harmful substances.

The measures taken to protect the atmospheric air should not lead to contamination of other objects of the natural environment.

Projects of OA AV programs can be submitted for discussion of citizens and public associations with a view to taking into account their proposals when planning and implementing measures to improve the quality of atmospheric air.

Financing of OA V.'s programs and measures for its protection is carried out in accordance with the legislation of the Russian Federation.

In order to determine the safety criteria and the harmless effect of chemical, physical and biological factors on people, plants and animals, specially protected natural territories and objects, and also for the purpose of assessing the state of atmospheric air, hygienic and environmental standards for ambient air quality and maximum permissible levels of physical impacts on him. These environmental air quality standards, methods for determining environmental quality standards for ambient air, the maximum permissible levels of physical effects on atmospheric air, the maximum permissible loads on environmental systems and other environmental standards for the protection of ambient air are established and revised by the State Committee for Environmental Protection.

For the purpose of state regulation of emissions of pollutants into the air, the following standards for such emissions are established:

1) technical standards for emissions - establishes a specially authorized federal executive body in the field of atmospheric air protection or another federal government executive body specially authorized by the Government of the Russian Federation in agreement with a specially authorized federal executive body in the field of atmospheric air protection for stationary sources of emissions of harmful substances into the atmospheric Air of certain species, as well as for transport sources or other mobile means and installations of all kinds that are sources of air pollution;

2) the maximum permissible emissions are established by the territorial bodies of a specially authorized federal executive body in the field of atmospheric air protection for a specific stationary source of emissions of harmful substances into the atmospheric air and their totality (the organization as a whole).

Legal entities that have sources of emissions of harmful substances into the air in the event that it is impossible to comply with the maximum permissible emissions, the territorial bodies of a specially authorized federal executive body in the field of atmospheric air protection may establish temporarily agreed emissions for such sources in agreement with the territorial bodies of other federal executive bodies .

The plan to reduce emissions of harmful substances into the air is developed and implemented by legal entities for which temporary

Agreed emissions, taking into account the degree of danger of these substances for human health and the environment.

Temporarily agreed emissions are set for the period of the phased achievement of maximum permissible emissions under conditions of compliance with technical emission standards and the availability of a plan for reducing emissions of harmful substances into the atmospheric air. The deadlines for the phased achievement of maximum permissible emissions are set by bodies

State power of the constituent entities of the Russian Federation and upon submission of relevant

Territorial bodies of specially authorized federal executive body in the field of atmospheric air protection.

For the purposes of state regulation of harmful physical effects on atmospheric air, the maximum permissible standards of harmful physical effects on atmospheric air are established.

Emission of harmful substances into the atmospheric air by a stationary source is allowed on the basis of a permit issued by a territorial body of a specially authorized federal executive body in the OA region in the manner determined by the Government of the Russian Federation, harmful physical influences are also allowed on the basis of a permit.

Permission for the release of harmful substances into the atmosphere establishes the maximum permissible emissions and other conditions that ensure the protection of atmospheric air.

For the issuance of permits for emissions of harmful substances into the air and harmful physical effects on atmospheric air, charges may be levied in accordance with the legislation of the Russian Federation.

In the absence of permits for emissions of harmful substances into the air and harmful physical effects on the atmospheric air, as well as in violation of the conditions stipulated by these permits, emissions of harmful substances into the atmospheric air and harmful physical effects on it may be restricted, suspended or terminated in accordance with the procedure established by the Government RF order.

In order to prevent harm to the environment, human health and genetic fund, standards for new equipment, technologies, materials, substances and other products that can have harmful effects on atmospheric air, the requirements for the protection of atmospheric air are established. It is prohibited to introduce new equipment, technologies, materials, substances and other products, as well as the use of technological equipment and other technical means, if they do not meet the established requirements for the protection of atmospheric air. Production and use of fuel in the Russian territory is possible only if there are certificates confirming the compliance of fuel with the requirements of protection of atmospheric air.

The production and use of technical, technological installations, engines, transport and other mobile means and installations in the territory of the Russian Federation are allowed only if there are certificates that establish compliance of the content of harmful substances in emissions of technical, technological installations, engines, transport and other mobile means and installations to technical emission standards . These certificates are issued in the order established by the Government of the Russian Federation. The executive authorities of the RF and the state authorities of the subjects of the Russian Federation have the right to impose restrictions on the use of

Petroleum products and other fuels, burning of which leads to air pollution in the relevant territory, as well as to stimulate the production and use of environmentally friendly fuels and other energy carriers.

It is forbidden to release into the air of substances, the degree of danger of which is not established for human life and health and for the environment.

Actions aimed at changing the state of atmospheric air and atmospheric phenomena can be carried out only in the absence of harmful consequences for human life and health and for the environment on the basis of permits issued by a specially authorized federal executive body in the field of atmospheric air protection.

Also in order to protect the environment, requirements are established for the design, placement, construction, reconstruction and operation of economic and other activities. At the same time, it is necessary to ensure that air quality standards are not exceeded in accordance with environmental, sanitary and hygienic standards, as well as with construction norms and rules in the part of standards for areas of green areas.

It is prohibited to locate and operate objects of economic and other activities that do not have gas purification facilities and means for controlling emissions of harmful substances into the atmospheric air, design, placement and construction of economic and other activities that may result from the OA AV regulations. To adverse changes in the climate and ozone layer of the Earth, to the deterioration of human health, to the destruction of the genetic fund of plants and the genetic fund of animals, to the onset of irreversible consequences for people and the natural environment.

Government of the Russian Federation, bodies

State authorities of the subjects of the Russian Federation, measures should be taken to reduce emissions of harmful substances into the atmospheric air during the operation of transport and other mobile means. Production and

Operation of transport and other mobile means, the content of harmful substances in emissions exceeding the established technical standards for emissions.

Transport and other mobile means, whose emissions have harmful effects on the atmosphere, are subject to regular checks on compliance of such emissions with technical emission standards.

In order to protect the environment, it is prohibited to store, dump and render harmless in the territories of organizations and settlements air polluting air of production and consumption waste, including foul-smelling substances, and incineration of such wastes without special facilities provided for by rules approved by a specially authorized federal executive body Authorities in the field of atmospheric air protection.

Legal entities whose production and consumption wastes are sources of atmospheric air pollution are obliged to ensure the timely export of such wastes to the specialized places of their storage or burial, as well as to other objects of economic or other activity,

Using such waste as raw material.

Places of storage and burial of industrial and industrial wastes that pollute the air must be coordinated with the territorial bodies of the specially authorized federal executive body in the field of atmospheric air protection and territorial bodies of other federal executive bodies.

Transboundary pollution of atmospheric air - pollution of atmospheric air as a result of the transfer of harmful substances, the source of which is located on the territory of a foreign state.

In order to reduce the transboundary pollution of atmospheric air by sources of harmful substances located on the territory of the Russian Federation, the Russian state ensures the implementation of measures to reduce emissions of harmful substances into the air, and also carries out other measures in accordance with Russia's international obligations in the field of atmospheric air protection.

State, industrial and public control is exercised for OA V.

State control is exercised by a specially authorized federal body of executive power in the field of atmospheric air protection and its territorial bodies.

Production control is carried out by legal entities that have sources of harmful chemical, biological and physical effects on the atmospheric air and who designate persons responsible for conducting industrial control over the protection of atmospheric air and organize environmental services.