The Law of the Republic of Belarus "On Amending the Law of the Republic of Belarus "On Protection of Atmospheric Air" has been adopted

On July 17, 2023, the President of the Republic of Belarus signed the Law of the Republic of Belarus "On Amendments to the Law of the Republic of Belarus "On Protection of Atmospheric Air" (published on the National Legal Internet Portal of the Republic of Belarus, 22.07.2023, 2/3015).

The Law clarifies certain definitions of terms, and also introduces new terms and their definitions. Thus, definitions are given for the terms "automated system for monitoring emissions of pollutants into the atmospheric air", "emission standard for pollutants into the atmospheric air", "environmental information in the field of atmospheric air protection". The definitions of terms such as "emission of pollutants into the atmospheric air", "mobile sources of emissions", "best available techniques", "stationary sources of emissions" have been clarified.

The approach to defining categories of objects affecting atmospheric air has been changed. Categories of objects affecting atmospheric air and lists of objects affecting atmospheric air belonging to different categories of objects affecting atmospheric air will be approved by the Council of Ministers of the Republic of Belarus based on the levels of impact on atmospheric air of types of economic and other activities, hazard classes of pollutants contained in emissions of pollutants into atmospheric air.

Approaches to regulation in the field of atmospheric air protection have been clarified. In order to regulate issues concerning atmospheric air quality standards outside populated areas and places of mass recreation, specially protected natural areas, certain natural complexes and objects of specially protected natural areas, as well as natural territories subject to special protection and biosphere reserves, the Law introduces the "environmental standard for atmospheric air quality". The Law also excludes the term "technological emission standard for pollutants into the atmospheric air", since the technological emission standard does not determine the magnitude of the impact on atmospheric air.

Requirements in the field of atmospheric air protection during the design of economic and other activities related to the emission of pollutants into the atmospheric air have been clarified. Thus, the design documentation must include, among other things, design solutions for organizing sampling sites and conducting measurements of pollutant emissions into the atmospheric air in accordance with mandatory technical regulatory legal acts, including taking into account the availability of measurement methods (procedures) that have undergone certification in the manner established by the legislation on ensuring the uniformity of measurements, of specific pollutant concentrations in emissions of pollutants into the atmospheric air and in the atmospheric air, which may enter the atmospheric air during the operation of economic and other activities related to the emission of pollutants into the atmospheric air.

In order to ensure environmental safety during the commissioning and further operation of economic and other activities related to the emission of pollutants into the atmospheric air, the Law establishes specific requirements, the compliance with which allows for the commissioning of the specified facilities.

To ensure control over the compliance by business entities with the requirements for the procedure for inventorying emissions of pollutants into the atmospheric air, as well as determining their need to carry out their economic and other activities related to the emission of pollutants into the atmospheric air, based on emission permits or integrated environmental permits, the Law introduces a norm on the approval by territorial bodies of the Ministry of Natural Resources of acts of inventorying emissions of pollutants into the atmospheric air, according to which the total gross emissions of pollutants are less than 3 tons per year or the gross emissions of pollutants of hazard class 1 are less than 10 kilograms per year.

The Law provides for the requirement to obtain a permit for the emission of pollutants into the atmosphere or integrated environmental permits for legal entities and individual entrepreneurs engaged in a licensed activity that includes components of work and (or) services for the use of waste of hazard classes 1-3 for the production (generation) of energy and (or) waste neutralization. Such permits must be obtained within six months from the date the Law enters into force.

The Law also clarifies the cases in which temporary emission limits for pollutants into the atmosphere may be established for business entities, their validity periods, and extension conditions.

The Law introduces departmental reporting on the results of atmospheric air protection accounting, which will replace the statistical report 1-air (Ministry of Natural Resources) "Report on emissions of pollutants and carbon dioxide into the atmosphere from stationary emission sources."

The Law provides for a number of other amendments aimed at improving the effectiveness of atmospheric air protection.