Law Amending The Clean Air Act

Original Language Title: Закон за изменение и допълнение на Закона за чистотата на атмосферния въздух

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Name of law Law amending the Clean Air Act Name of Bill a bill amending the Clean Air Act of acceptance Date 11/12/2012 number/year Official Gazette 101/2012 Decree No 432

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the Clean Air Act, passed by the National Assembly of the HLI 11 December 2012.

Issued in Sofia on 18 December 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending the Clean Air Act (promulgated, SG. 45 1996; Corr. 49/1996; amend., SG. 85 of 1997, no. 27 of 2000 102/2001, no. 91 of 2002, 112/2003 No. 95 2005 No. 99 and 102 in 2006. , PC. 86 of 2007, PC. 36 and 52 by 2008, PCs. 6, 82 and 93 from 2009, PCs. 41, 87 and 88 from 2010, PC. 35 and 42 by 2011, and St. 32, 38, 53, 54 and 77 by 2012.)

§ 1. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 3 the words "art. 10 ' shall be deleted.

2. Al are created. 4-6:

(4) depending on the conditions in the territory of a municipality can be set more stringent emission limit values for objects and activities in certain communes, districts or local entities from those established by regulations under paragraph 1. 1 and art. 9a-9 in.

(5) the rules referred to in paragraph 1. 4 shall be determined on the basis of a reasoned proposal of the Mayor of the municipality to the Minister of environment and water, approved by decision of the Municipal Council.

(6) the rules referred to in paragraph 1. 4 shall be approved by an order of the relevant Ministers issued regulations under para. 1 and art. 9a-9 in, except in the case of installations which have complex permit issued, for which standards shall be determined in accordance with Chapter 7 of the law on the protection of the environment. "

§ 2. In art. 9A is hereby amended as follows:

1. In paragraph 8. 1, the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the air as a result of the use of solvents in certain installations (official SG. 96 of 2003; amend., SG. 20 since 2007.) " shall be replaced with "Ordinance No. 7 of 2003 for emission limit values of volatile organic compounds released into the environment, mainly in ambient air resulting from the use of solvents in certain installations (official SG. 96 of 2003; amend., SG. 20 of 2007, PC. 67 of 2009 and PCs. 40 by 2010).

2. in the Al. 2 the words "art. 10, para. 1.1 ' shall be replaced by "art. 10 (b), para. 1, item 1 and art. 10 in, al. 1, item 1.

§ 3. Art is created. 9: "art. 9. (1) the emission limit values of harmful substances – pollutants (sulphur dioxide, nitrogen oxides and dust) emissions into the atmosphere from large combustion plants (LCP) shall be determined by an Ordinance of the Council of Ministers.

(2) the Minister of the environment and water, jointly with the Minister of economy, energy and tourism developed and submitted for adoption by the Council of Ministers transitional national plan (PNP) to gradually bring the LCP in accordance with the requirements of the Ordinance under para. 1.

(3) regulations for the preparation of the plan under paragraph 1. 2 shall be determined by the Ordinance under para. 1.

(4) the plan referred to in paragraph 1. 2 shall be approved by decision of the Council of Ministers and submitted to the European Commission for approval.

(5) the Commission shall carry out an assessment of the TOU and if not make objections on it within one year of its receipt, the TOU is deemed to be accepted.

(6) in the event that the European Commission make objections to the TOU shall be drawn up, in which a new version taking into account the objections made by the European Commission.

(7) in the event that the European Commission does not object within six months of receipt of the new variant, TOU is deemed to be accepted.

(8) consequential amendments to TECHNICAL INVESTIGATIONS are carried out in accordance with implementing decision 2012/115/EC of 10 February 2012 on laying down rules on the transitional national plans referred to in Council directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (OJ L 52/12 of 24 February 2012). Minister of environment and waters shall inform the European Commission of all modifications to the TOU.

(9) the Ministry of environment and waters annually sends information to the European Commission for emissions of sulphur dioxide, nitrogen oxides and dust, as well as the amount of energy supplied to each of the TOU installations. "

§ 4. Article 10 shall be repealed.

§ 5. In art. 10A, al. 5 after the word "activities" is placed to the end point, and the text is deleted.

§ 6. In art. 11 and the following modifications are made:

1. In paragraph 8. 3:

a) in paragraph 1, the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the air as a result of the use of solvents in certain installations" shall be replaced by the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the environment, mainly in ambient air resulting from the use of solvents in certain installations";

b) in paragraph 2 the words "monuments of culture in accordance with art. 4 of the law on monuments and museums "are replaced by" cultural values under the law on cultural heritage ".

2. in the Al. 5, the words "article. 4 of the law on monuments and museums "are replaced by" the law of cultural heritage ".

3. in the Al. 10 item 3 shall be replaced by the following:

"3. the unified identification code (UIC) or personal identification number (PIN) to non-residents – a document issued in accordance with their national legislation, establishing their legal status."

§ 7. In art. 17 the following modifications are made:

1. In paragraph 8. 4, the words "facilities of some solvents based on fluorinated greenhouse gases" are replaced by "equipment containing solvents based on fluorinated greenhouse gases.

2. in the Al. 6:

a) point 2 is replaced by the following:

"2. to request information and documents, to make analysis of the site and/or to take samples for laboratory analysis to verify the compliance of the substances, equipment and products from the scope of Regulation (EC) No 1005/2009 and/or regulation (EC) No 842/2006;"

b) in paragraph 3 the words "containing, or made under" are replaced by "containing or under";

in point 4) shall be replaced by the following:

"4. to issue mandatory precepts for restriction, prohibition on the placing on the market, distribution, use, withdrawal and/or destruction of the substances, equipment and/or products and reduction of emissions in non-conformity with the requirements of Regulation (EC) No 1005/2009 and/or regulation (EC) No 842/2006;"

d) in item 5 and 6, the words "containing, or depend on are made ' shall be replaced by" or "depend.

3. in the Al. 7, paragraph 3, the words "containing, or made under" are replaced by "containing or under."

4. in the Al. 12 the words "everywhere, or depend on are made ' shall be replaced by" or "depend.

5. in the Al. 13, item 1 the words "kg" is replaced by "kg".

§ 8. In art. 17 (b) is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

(1) natural persons are required to possess a document for legal capacity in accordance with the requirements of art. 3 and 4 of Regulation (EC) No 842/2006, released under the terms of the Ordinance under art. 17, al. 2, for activities relating to:

1. checks for leaks in the stationary refrigeration and air conditioning systems and heat pumps containing 3 kg or more of fluorinated greenhouse gases, or 6 kg or more when they are hermetically sealed and labelled as such, as well as stationary fire protection systems and fire extinguishers containing 3 kg or more of fluorinated greenhouse gases;

2. extraction of fluorinated greenhouse gases;

3. installation;

4. service or maintenance of stationary refrigeration and air conditioning systems, heat pumps, stationary fire protection systems and fire extinguishers containing fluorinated greenhouse gases;

5. extraction of fluorinated greenhouse gases from high-voltage switchgear or air-conditioning systems of certain motor vehicles or equipment containing solvents based on fluorinated greenhouse gases. "

2. in the Al. 3:

a) in item 1 anywhere the name "kg" is replaced by "kg";

(b) in item 2) the indication "kg" is replaced by "kg".

§ 9. In art. 18, paragraph 1, after the word "standards" a comma and the word "permit" shall be replaced by ' laid down by the regulations on the implementation of this law, and/or with a complex authorization under art. 117 of the law on the protection of the environment ".

§ 10. In art. 30 and al. 4 is repealed.

§ 11. In art. 30 k al. 3 shall be amended as follows:

(3) order the manner and the requirements for the authorisation of the persons referred to in para. 1 to check the efficiency of petrol vapour recovery systems in operation, corresponding to the phase II of the WBT, set by Ordinance No. 16 of 1999 on the limitation of emissions of volatile organic compounds for storage, loading and transport of petrol. "

§ 12. In Chapter five establishes the art. 30 l:

"Art. 30 litres (1) to installations carrying out activities listed in annex No. 1 of Decree No. 7 of 21 October 2003 on the emission limit values of volatile organic compounds released into the environment, mainly in ambient air resulting from the use of solvents in certain installations, regardless of the consumption of solvent, with the exception of installations referred to in art. 117 of the law on the protection of the environment, the Executive Director of the Executive Environment Agency creates, and the Director of the regional Inspectorate of environment and waters, in whose territory they are located installations maintain a public register, accessible via the Internet.

(2) the register referred to in paragraph 1 contains:


1. registration code which consists of 8 characters: the first three are single classifier of administrative-territorial and territorial units (EKATTE), specific for the area within the territory of which the relevant REGIONAL INSPECTORATE, and the remaining 5 characters are digits that represent the number of the installation;

2. name/name of the operator;

3. address of the installation;

4. number and date of the certificate of registration;

5. date of termination of the registration;

6. number and date of the order for deletion;

7. changes in circumstances.

(3) for entry in the register under para. 1 and issuance of registration certificate, the operator shall submit an application to the Director of the REGIONAL INSPECTORATE.

(4) an application under subsection. 3 shall apply:

1. UIC, for non-residents – a document issued in accordance with their national legislation, establishing their legal status;

2. technological scheme of the installation, a description of the activity, the location of the site on which the installation is situated;

3. a document for paid fee for registration or the registration of a change in circumstances.

(5) the certificate and the application in the Al. 3 shall be issued on forms approved by the Minister of environment and water.

(6) where the applicant is a foreign physical or legal person, the document referred to in paragraph 1. 4, paragraph 1, and shall be presented in the certified translation of Bulgarian language.

(7) the Director of the REGIONAL INSPECTORATE shall notify the applicant, in the case of the admitted incompleteness and/or inaccuracy in the application referred to in paragraph 1. 3 and the attached documents and set a time limit of 14 days for their removal.

(8) within 14 days from the filing of the application or removal of the inaccuracies and/or incompleteness of the RIEW Director fits the installation in the register and issue a certificate of registration.

(9) the registration is indefinite.

(10) the Director of the REGIONAL INSPECTORATE refused reasoned entry in the register and issue a certificate of registration for non-compliance with the requirements of paragraphs 1 and 2. 4.

(11) the refusal under para. 10 subject to appeal pursuant to the Administrative procedure within 14 days of notification.

(12) entry of the change in circumstances is carried out by the Director of the REGIONAL INSPECTORATE on the basis of an application by the operator to apply the documents certifying the change.

(13) the operators shall submit an application for registration of a change in circumstances within one month of the event in question.

(14) the application referred to in paragraph 1. 13 be considered pursuant to para. 7 and 8.

(15) the Director of the REGIONAL INSPECTORATE entered in the register the change in circumstances and shall issue a certificate with the appropriate change.

(16) the Director of the REGIONAL INSPECTORATE refuses entry of motivated change in circumstances of non-compliance with the requirements of paragraphs 1 and 2. 4.

(17) the refusal under para. 16 subject to appeal pursuant to the administrative code within 14 days of notification.

(18) the registration under paragraph 1. 8 shall be deleted and the issued certificate is null and void in the case of termination of activity installation.

(19) in the case referred to in para. 18 the Director of the REGIONAL INSPECTORATE issued an order for the deletion of the installation from the registry and invalidates the issued certificate of registration. "

§ 13. In Chapter five establishes the art. 30 m:

"Art. 30 m All documents or information under this Act and the regulations for its implementation can be provided in hard copy and in electronic format (on magnetic, optical or other medium) or by electronic means, under the conditions and pursuant to the law on electronic document and electronic signature law on e-governance. "

§ 14. In art. 33 (b), para. 1 creating a t. 6:

6. disposal for the disposal of substances and products which do not comply with the requirements of the Ordinances under art. 17, al. 1 and 2 for the establishment of measures for the implementation of Regulation (EC) No 1005/2009 and Regulation (EC) No 842/2006. "

§ 15. In art. 34 d, para. 1 the words "art. 30 (a), para. 4 "are deleted.

§ 16. In art. 34 is the following amendments and supplements shall be made:

1. In the text before point 1, the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the air as a result of the use of solvents in certain installations" shall be replaced by the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the environment, mainly into the air as a result of the use of solvents in certain installations ".

2. In paragraph 1 the words ' regulation on the procedures for determining and penalties for damage to, or contamination of the environment above the levels (SG. 69 since 2003) " shall be replaced by ' art. 69 of the environmental protection act ".

3. an item 6:

"6. for failure to comply with the requirements of art. 28A, 28B and 28 c of the Ordinance, with a fine of 1000 to 5000 EUR, respectively with the penalty payment in the amount of 2000 to 15 000 LV. "

§ 17. In art. 34 (g) the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) a person who obstructs the inspection bodies under art. 30 k, al. 1 to carry out his duties under art. 30 k, is punishable by a fine of 1000 to 5000 EUR, respectively with the penalty payment in the amount of 2000 up to 30, 000. "

§ 18. Art is created. 34 m:

"Art. 34 m. operator of an installation that is not registered by the procedure of art. 30 l, is punishable by a fine or a penalty payment in the amount of 1000 to 10 000 LEVs. "

§ 19. In art. 41, para. 1, after the words "modalities for their measurement and" insert "or".

§ 20. In other texts of the law:

1. the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the air as a result of the use of solvents in certain installations" shall be replaced by the words "Regulation No. 7 of 2003 for emission limit values of volatile organic compounds released into the environment, mainly in ambient air resulting from the use of solvents in certain installations".

2. the words "containing, or depend on are made ' shall be replaced by" or "depend.

3. the indication "kg" is replaced by "kg".

§ 21. In the additional provisions the following amendments and additions:

1. In paragraph 1 shall create item 28, 29, 30 and 31:

"28." combustion plant "means any technical apparatus in which fuels are oxidised products in order to use the heat thus generated.

29. "Large combustion plant (LCP) is a combustion plant, whose total rated thermal input power is equal to or greater than 50 MW, irrespective of the species (s) fuel.

30. "change in circumstances" is a change in raw materials and/or technological processes.

31. "destruction" means disposal within the meaning of the law on waste management. "

2. In paragraph 1 (b), the words "on the limitation of emissions of volatile organic compounds in the use of organic solvents in certain paints, varnishes and vehicle refinishing products cars" are replaced by "of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products" and the words ' the Council ' shall be deleted.

§ 22. In the transitional and final provisions § 2 and 3 are repealed.

Additional provision

§ 23. This law introduces the requirements of Directive 75/2010/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L334/17 from 17 December 2010).

Transitional and final provisions

§ 24. (1) the installations, which are put into service shall be adapted, in accordance with art. 30 l within one year of the entry into force of this law.

(2) Installations that are not placed in service at the date of entry into force of this law shall be subject to registration pursuant to art. 30 l prior to their introduction into service.

§ 25. The transitional national plan under art. 9 in, al. 2 shall be submitted to the European Commission by 1 January 2013.

§ 26. The law shall enter into force on the day of its publication in the Official Gazette, except for § 3 on art. 9 in, al. 9 which comes into force from 1 January 2016.

The law was adopted by 41-Otto National Assembly on 11 December 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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