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Law No. 655 Of 20 November 2001 Approving Government Emergency Ordinance Nr. 243/2000 On Protection Of The Atmosphere

Original Language Title:  LEGE nr. 655 din 20 noiembrie 2001 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 243/2000 privind protecţia atmosferei

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LEGE no. 655 655 of 20 November 2001 for approval Government Emergency Ordinance no. 243/2000 on the protection of
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 773 773 of 4 December 2001



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 243 243 of 28 November 2000 on the protection of the atmosphere, published in the Official Gazette of Romania, Part I, no. 633 of 6 December 2000, with the following amendments and additions: 1. In Article 1, paragraph 1 shall read as follows: "" Art. 1. --(1) This emergency ordinance aims to establish the legal framework on the prevention, elimination, limitation of deterioration and improvement of the quality of the atmosphere, in order to avoid negative effects on human health and the environment, thus ensuring alignment with international legal norms and community regulations. " 2. Article 2 shall read as follows: "" Art. 2. -The legal regime of the protection of the atmosphere is based on compliance with the principle of integrated environmental protection. " 3. In Article 3 (1), letter c) shall read as follows: "c) the adoption of the measures necessary to limit the negative effects on the environment, including in a trans-frontier context;" 4. in Article 3, after paragraph 1, the following paragraph 1 shall be inserted: "(1 ^ 1) The national strategy on the protection of the atmosphere shall be adopted by Government decision." 5. In Article 3, paragraph 2 shall read as follows: "(2) The strategy shall be updated periodically by the central public authority for the protection of the environment and shall be adopted by Government decision." 6. Article 6 shall read as follows: "" Art. 6. -The meaning of specific terms used in the ordinance is defined in accordance with the Annex which forms an integral part of this Emergency Ordinance. " 7. The title of Chapter II and the title of Section 1 shall read as follows: "" CHAPTER II Duties and responsibilities for the protection of the atmosphere Section 1 Powers and responsibilities of the central and territorial authorities for the protection of the environment " 8. Article 7 shall read as follows: "" Art. 7. -The central public authority for environmental protection, which is the highest authority of decision and control in the field of atmosphere protection, has the following duties and responsibilities: a) develop and promote the national strategy in the field of atmosphere protection and control the application of the National Action Plan in the field of the protection of the atmosphere, as an integral part of the national environmental protection strategy and policies b) coordinate and control compliance and implementation of the provisions of the present emergency ordinance, as well as of the other normative acts implementing it, in all sectors of activity; c) elaborates, endorses, promotes and, as the case may be, approves the normative acts, as well as the necessary measures for the unitary application on the territory of Romania of the provisions on the protection of the atmosphere, established by international conventions on the protection of the atmosphere to which Romania is a party; d) coordinate the National Integrated Air Quality Assessment and Management System, which includes the National Air Quality Monitoring System and the National Air Pollutant Emission Inventory System; e) coordinate the development and updating of air quality rules and regulations; f) coordinate the development and updating of rules and regulations on pollutant emissions in the atmosphere; g) coordinate at national level the participation in the European Union's data quality assurance programmes; h) approve the methodologies for assessing air quality and pollutant emissions in the atmosphere, coordinate and control their application; i) approve the methodologies for determining the concentrations of pollutants in the surrounding air, including methods, equipment, networks and laboratories; j) establish, through specialized institutions, methods to ensure the accuracy of the measurements and to verify its maintenance in accordance with the European and international standards on quality assurance; k) assess the quality of the ambient air and order measures to improve and maintain it, as appropriate, through its decentralised bodies and specialised institutions; l) coordinate the programs to ensure the quality of the data on ambient air quality, from the national system of integrated assessment and management of air quality; m) ensures public access to information on the quality of the atmosphere, in accordance with the provisions of the legislation in force n) report the data in accordance with the provisions of the European Union legislation and the provisions of international conventions on the protection of the atmosphere to which Romania is a party 9. Article 8 shall read as follows: "" Art. 8. -The territorial public authorities for environmental protection have the following duties and responsibilities: a) control the application and compliance with the provisions of this emergency ordinance and the normative acts in force in this field at territorial level; b) develop plans and programs to manage air quality at territorial level, where necessary, and ensure their integration into the local action plan for environmental protection, in collaboration with the decentralized services of the other specialized authorities of the central public administration, with the local public administration authorities, with other specialized institutions and with the holders of activity; c) control the implementation of the plans and programmes for the management of air quality at territorial level; d) prepare the inventory of pollutant emissions in the atmosphere at territorial level; e) pursue and analyse the application of air quality management plans and programmes at territorial level and draw up annual reports; f) collaborate with competent governmental bodies that endorse the import-export of products, goods and other materials with special marketing regime that may affect the quality of the atmosphere, in accordance with national law and with the international conventions to which Romania is a party; g) apply the sanctions provided for by this emergency ordinance; h) participate in the activities of the National Integrated Air Quality Assessment and Management System; i) inform the operative central public authority for environmental protection, other central and local authorities, according to their duties and competences, in case of special events with impact on air quality and which harm human health; j) provide the territorial authorities for health, agriculture and food, public works, local public administration the necessary information in the activity of elaboration and implementation of sectoral strategies related to quality of atmosphere; k) inform the population and local authorities in case of exceeding the alert thresholds; l) ensure the current information of the population and local authorities regarding air quality; m) I aim at the territorial application of the programs and measures to respect the conventions and international agreements to which Romania is a party. " 10. In Article 9 (1), points c), e), f) and g) shall read as follows: " c) participate in the development and updating of air quality rules and regulations; ............................................................ e) participate in the activities of the National Air Quality Monitoring System; f) processes and interprets the atmospheric pollution data from the National Air Quality Monitoring System in relation to the state of health; g) communicate to central or local public authorities concerned and to the population the risks to the health of human collectives produced by the pollution of the atmosphere 11. In Article 10, letter f) shall read as follows: "f) collaborate in the development and updating of rules and regulations on emissions of pollutants into the atmosphere;" 12. in Article 10, after letter f), the letters g) and h) shall be inserted as follows: "" g) participate in the activities of the National Air Pollutant Emission Inventory System; h) exercises regulatory and control functions regarding the design, construction and operation of means of transport that may affect the quality of the surrounding air. " 13. Article 11 shall read as follows: "" Art. 11. -The central public authority for industry has the following duties and responsibilities: a) develop sectoral strategies for industrial activities, taking into account the impact on the quality of the atmosphere and the environment; b) develop, through specialized institutions, rules on the quality of fuels and rules on their handling; c) collaborate in the development and updating of rules and regulations on pollutant emissions in the atmosphere; d) coordinate programs to reduce pollutant emissions in the atmosphere; e) promote and coordinate the application of specific regulations on emissions of pollutants into the atmosphere for industrial activities with a major impact on air quality; f) ensure the implementation of sectoral strategies through the National Environmental Action Plan Section on the protection of the atmosphere; g) collaborate with the national authority in the field in order to standardize and approve products and installations, in accordance with national and international regulations; h) participate in the development of activities within the National System for the inventory of emissions of air pollutants; i) exercise regulatory and control functions regarding the design, construction and operation of installations, equipment and machinery that may affect the quality of the surrounding air. " 14. Article 11 (1) shall be inserted after Article 11: "" Art. 11 11 ^ 1. -The central public authorities for trade have the following duties and responsibilities: a) develop, in collaboration with the central public authorities concerned, regulations on the quota of production and consumption, as well as the ban on the placing on the market of certain types of substances with an impact on the atmosphere, regulated through treaties to which Romania is a party; b) develop, in collaboration with the central public authorities concerned, regulations on products which, by use, may affect the quality of the atmosphere, the conditions for placing them on the market, the restrictions on production and use for each type or class of products. " 15. Article 12 shall read as follows: "" Art. 12. -(1) The central public authority for agriculture and food has the following tasks and responsibilities: a) develop and implement the agriculture development strategy, taking into account the impact on the atmosphere and the environment; b) ensures, through its units in the territory, compliance with the legal provisions regarding the conduct of activities with an impact on the quality of the atmosphere and environment, such as phytosanitary treatments, soil fertilization, activities in zootechnical sector; c) collaborate in the development and updating of rules and regulations on pollutant emissions in the atmosphere; d) exercise control, by laboratory tests, of agri-food products and other products with special import marketing arrangements, which may affect the quality of the atmosphere and public health; e) promote the adoption of alternative solutions for food industry technologies in order to reduce the impact on the quality of the atmosphere; f) collaborate with other competent bodies in the field of atmosphere protection; g) participate in the development of activities within the National System for the inventory of emissions of air pollutants. (2) The territorial authorities of the subordination shall be obliged to provide the territorial public authorities for the protection of the environment with the necessary information in the activity of assessment and management of air quality. " 16. Article 13 shall read as follows: "" Art. 13. -(1) The central public authority for public works has the following tasks and responsibilities: a) collaborate in the development of rules that allow the classification of areas according to the degree of air pollution; b) ensures the integration into the plans of spatial planning and urbanism of the provisions of the national strategy in the field of air protection, air quality management plans and programs. (2) The subordinate territorial public authorities shall be obliged to make available to the territorial public authorities for the protection of the environment the necessary information and documents in the activity of assessment and management of air quality. " 17. Article 14 shall read as follows: "" Art. 14. -The central public authority for coordination of local public administration has the following duties and responsibilities: a) provide methodological support and guidance to local public administration authorities and their own apparatus for the purpose of uniform application of the legal provisions on the protection of the atmosphere; b) pursues compliance with the provisions of the National Action Plan in the field of the protection of the atmosphere c) guide the development and implementation of sectoral strategies and programs on the protection of the atmosphere by local public administration authorities; d) control the way the local public administration authorities solve the problems of local interest related to the protection of the atmosphere. " 18. Article 15 shall read as follows: "" Art. 15. -Mayors and local councils have the following duties and responsibilities: a) develop, in collaboration with the territorial public authorities for environmental protection, instructions for the holders of activity, institutions and population on how to manage air quality within the localities and bring them to their knowledge by appropriate means; b) follow and ensure the fulfilment of the provisions of the air quality management plans and programmes; c) integrates policies to protect the atmosphere in the sustainable development strategy at local level; d) provide the territorial authorities for the protection of the environment with the necessary information and documentation in order to assess and manage e) decide to associate with other authorities of the local public administration, as well as to work with the activity holders in order to carry out the programs and plans for air quality management. " 19. Article 15 shall be inserted after Article 15 (1) with the following contents: "" Art. 15 15 ^ 1. -The county councils have the following duties and responsibilities: a) coordinate the activity of local councils in order to carry out air quality management programs and plans; b) decide to associate with other local public administration authorities, as well as to work with the activity holders in order to carry out air quality management programs and plans; c) follow and ensure compliance by local councils with the provisions of this emergency ordinance. " 20. Article 16 shall read as follows: "" Art. 16. -(1) The assessment of the ambient air quality for the territory of Romania shall be carried out on the basis of limit values and threshold values, in accordance with national and European Union standards. (2) The criteria, methods and procedures for the assessment of air quality shall be established by order of the Minister of Water and Environmental Protection. ((. The results of the assessment of air quality shall be made public and shall be reported to the European Union by the central public authority for environmental protection. " 21. Article 17 shall read as follows: "" Art. 17. -(1) The reference polymers to be assessed, as well as the limit values, threshold values, tolerance margins and the deadlines for attainment of the limit values shall be established in accordance with European and international standards and shall be approved by order of the Minister of Central Authority for Environmental Protection (2) The modification or updating of the order of the minister provided in (1) shall be carried out by the central public authority for environmental protection, on the basis of new information on the effects of air pollutants on health and the environment, and on changes in European standards and international. " 22. Article 18 shall read as follows: "" Art. 18. --(1) Based on the assessment of ambient air quality the central public authority for environmental protection shall draw up, by order of the Minister of Water and Environmental Protection, lists comprising areas and agglomerations in which the levels of one or more Pollutants are: a) higher than the limit value, plus the margin of tolerance, or greater than the limit value, in case a margin of tolerance has not been fixed; b) between the limit value and the limit value, plus the tolerance margin; c) less than the limit value. (2) For the areas and agglomerations referred to in paragraph ((1) lit. a) and b) adopt, by decision of the Government, the procedure for the elaboration and implementation of air quality management plans and programs, in order to achieve the limit values in a certain period. ((. Where the limit values are exceeded for more than one pollutant, integrated plans and programmes shall be drawn up for all the pollutants concerned. ((. Where the polluted area is located in the territory of two or more counties, the programmes and plans shall be agreed with all the authorities concerned. (5) The plans and air quality management programmes shall be drawn up in collaboration with the local public administration, the decentralised bodies of the central public administration, the activity holders and other stakeholders. ((6) Plans and programmes shall be brought to the public and reported to the European Union. (7) The central public authority for environmental protection shall monitor progress and compliance with air quality management plans and programmes and shall report annually on their performance. " 23. Article 19 shall read as follows: "" Art. 19. -(1) Local authorities, together with the competent environmental authorities, shall develop at the appropriate administrative level plans indicating the specific measures adopted in the short term in regions where there are risks of exceeding the limit values and/or alert thresholds, for the purpose of reducing that risk and limiting the duration of an eventual risk. (2) The plans include control measures and, where appropriate, measures to suspend activities, including road traffic. ((3) The air quality plans shall be drawn up by consulting the competent authorities, the business owners and the interested public. " 24. Article 19 (1) shall be inserted after Article 19: "" Art. 19 19 ^ 1. -(1) The national action plan for the protection of the atmosphere shall be drawn up by the central public authority for the protection of the environment in cooperation with the competent authorities concerned, the holders of the activity and the public concerned. (2) The national plan shall be drawn up on the basis of the programmes and plans provided for in 18 18 and 19. (3) The National Action Plan for the protection of the atmosphere shall be adopted by Government Decision as an integral part of the National Environmental Action Plan. (4) The national plan shall be revised, as appropriate, on the basis of progress in the field of protection of the atmosphere and environmental protection requirements. The plans are public. " 25. Article 20 shall read as follows: "" Art. 20. -In the elaboration and evaluation of urban planning and spatial planning plans are also observed the provisions of air quality management programs and plans. " 26. In Article 21, paragraphs 2 and 3 shall read as follows: " (2) All public authorities are obliged to ensure access to information and public participation in decision-making in this field, under the conditions and deadlines provided by the legislation in force. (3) The exceeding of the alert thresholds shall be brought to the attention of the public on a operative basis, by the most effective means of mass information, by the competent environmental authority, and the necessary measures shall be indicated. " 27. Article 23 shall read as follows: "" Art. 23. -(1) The assessment and management of air quality shall be ensured through the National Integrated Air Quality Assessment and Management System. The national air quality monitoring system and the National Air Pollutant Emission Inventory System are an integral part of the National Air Quality Integrated Assessment and Management System. (2) The establishment and organization of the National Integrated Air Quality Assessment and Management System shall be approved by Government Decision. " 28. After Article 23, Articles 23 ^ 1 and 23 ^ 2 are inserted with the following contents: "" Art. 23 23 ^ 1. -The structures belonging to the National Air Quality Monitoring System, regardless of the competent authority to which they are subordinated or in whose coordination they are, have the obligation to carry out the monitoring activity, to report and to provide information according to common criteria and procedures. Art. 23 ^ 2. -(1) In the framework of the National Air Pollutant Emission Inventory System, the national inventory of air pollutant emissions shall be drawn up. (2) The assessment of greenhouse gas emissions and those affecting the ozone layer is included in the National Pollutant Emissions Inventory. ((3) The assessment of emissions and reporting shall be carried out in accordance with the procedures specific to international conventions in 29. The title of Chapter IV and the title of Section 1 shall read as follows: "" CHAPTER IV Sources of pollution Section 1 Emissions from fixed sources 30. Article 27 shall read as follows: "" Art. 27. -The conduct of activities that constitute fixed sources of pollution for the atmosphere is allowed only with agreement and/or environmental authorization issued following the integrated approach of environmental impact, according to the legal regulations in force. " 31. Article 30 shall be inserted after Article 30, with the following contents: "" Art. 30 30 ^ 1. -The holders of activities constituting fixed sources of pollution for the atmosphere shall have the following obligations: a) participate in the development of emission reduction programmes for air pollutants, air quality management programmes and plans and apply their obligations through them; b) to comply with all legal procedures and requirements that lead to the prevention, elimination or reduction of the impact on the environment and the environment; c) inform and submit to the control of the competent authorities according to the legislation in force. " 32. Article 31 shall be inserted after Article 31 with the following contents: "" Art. 31 31 ^ 1. -(1) The limit values for pollutants emitted into the atmosphere are provided by the legislation in force. ((2) The modification and completion of the limit values for pollutants emitted into the atmosphere shall be determined, where appropriate, by order issued by the central public authority for environmental protection. " 33. Article 32 shall read as follows: "" Art. 32. -(1) In case of exceeding the emission limit values for one or more pollutants the competent authority shall decide, as appropriate, to take all necessary measures to eliminate the causes and consequences of pollution. These measures also include the possibility of temporary interruption of the plant's activity that caused pollution, until the causes of pollution are removed. ((2) Titulation of activities falling under par. (1) have the obligation to inform the competent authorities and comply with the regulations in the field. 34. Article 33 shall read as follows: "" Art. 33. -In areas where the limit values on ambient air quality are exceeded, on the basis of environmental impact assessment studies, the territorial public authorities for environmental protection shall determine, where appropriate, emission limit values. specific to each activity in the area, more restrictive than the values established by the legislation in force. 35. Article 35 shall read as follows: "" Art. 35. -The competent authorities shall establish and implement national plans to reduce emissions of pollutants into the atmosphere in accordance with the legislation in force. " 36. Article 36 shall read as follows: "" Art. 36. -(1) The transfer of pollutants from the air to another environmental factor, as a result of measures to reduce ambient air pollution, is allowed under the conditions of maintaining the level of pollutants below the limit values for that environmental factor, with the agreement the territorial public authority for environmental protection. (2) It is permissible to use methods and systems to improve air quality which do not lead to the exceeding of the rules laid down by the legislation in force for the workplace. (2) The establishment of the taxes provided in par (1) shall be regulated by law, and the updating of the amount of these taxes shall be made by Government decision. " 37. Article 38 shall read as follows: "" Art. 38. -(1) The emissions of pollutants into the atmosphere with an impact on human health and the environment are subject to taxation. 38. In Chapter IV, the title of section 2 shall read as follows: "" SECTION 2 Emissions from mobile sources and diffuse sources " 39. Article 39 shall read as follows: "" Art. 39. -The central public transport authority and the central public authority for industry, in collaboration with the central public authority for environmental protection, shall determine, where appropriate, the limit values for pollutants emitted by mobile sources, in accordance with the provisions of European and international standards. " 40. Article 40 shall be inserted after Article 40 1 with the following contents: "" Art. 40 40 ^ 1. -The central public health authority and the central public authority for agriculture and food establish regulations on the use of agricultural products grown on land strips bordering on traffic routes, where they are affected by air pollution from mobile sources. " 41. Article 41 shall read as follows: "" Art. 41. -(1) In areas where special air quality protection measures are required, obligations for natural and legal persons exploiting mobile pollution sources shall be imposed in air quality management programmes. The application of these obligations is ensured by the mayors. (2) If it is technically and economically possible, the diffuse sources shall be transformed into sources of directed emissions, according to the legal provisions in force. " 42. Article 47 shall read as follows: "" Art. 47. -It constitutes contraventions the following facts, if they were not committed in such conditions that, according to the criminal law, they are considered crimes, and are sanctioned as follows: 1. With a fine of 15,000,000 lei to 75,000,000 lei for legal entities, for: a) non-compliance with obligations incumbent on holders of activities constituting fixed sources of pollution for the atmosphere to participate in the development of emission reduction programs, air quality management programs and plans; b) non-compliance with the obligations of the holders of activities that constitute fixed sources of pollution for the atmosphere according to the provisions contained in the air quality management programs and plans; c) non-compliance with obligations by the holders of activities that constitute fixed sources of pollution for the atmosphere to inform and submit to the control of the competent authorities according to the legislation in force. 2. With a fine of 5,000,000 lei to 30,000,000 lei for individuals and from 35,000,000 lei to 100,000,000 lei for legal entities, for: a) non-compliance with the obligation of mobile users to ensure compliance within the emission limits established for each specific type of source, as well as to submit them to technical inspections according to the provisions of the legislation in force; b) non-compliance with the obligation to comply with all legal procedures and requirements that lead to the prevention, elimination or reduction of environmental and environmental impact; c) non-compliance with the obligation to transform diffuse sources into sources of directed emissions, if it is technically and economically possible. 3. With a fine from 3,000,000 lei to 10,000,000 lei for individuals and from 15,000,000 lei to 50,000,000 lei for legal entities, for: a) failure by the holders of activity to provide the competent authorities with the information requested to update the national inventory of emissions of air pollutants, as well as to carry out the procedures for regulation and control; b) non-compliance by the activity holders with the obligation to inform the competent authorities in case of exceeding the emission limit values for one or more pollutants. 4. With a fine of 50,000,000 lei to 200.000,000 lei for legal entities, for non-compliance with the provisions on the protection of the atmosphere in the agreement and/or environmental authorization. 5. With a fine of 10,000,000 lei to 50,000,000 lei for the non-fulfillment by mayors of the following obligations: a) to pursue and ensure the fulfilment of the provisions of the air quality management plans and programmes; b) to ensure the implementation of special measures, provided for in air quality management programmes, imposed on natural and legal persons exploiting mobile pollution sources. " 43. Article 47 shall be inserted after Article 47 (1) with the following contents: "" Art. 47 47 ^ 1. -The amount of the limits of contravention fines shall be updated annually by Government decision. " 44. In Article 48, paragraph 1 shall read as follows: "" Art. 48. -(1) The finding of contraventions and the application of sanctions provided in art. 47 shall be made by the authorized personnel of the competent central public authorities and their territorial units, as well as within the local public administration authorities, according to the duties established by law. " 45. Article 50 shall read as follows: "" Art. 50. -The crimes provided in art. 49 is found by the authorized personnel of the competent central public authorities and their territorial units, as well as within the local public authorities; according to the duties established by law the finding shall be transmitted to the competent prosecution body. '; 46. After Article 51, Articles 51 ^ 1 and 51 ^ 2 are inserted as follows: "" Art. 51 51 ^ 1. -It is adopted by Government decision: Art. 51 ^ 2. -The Ministry of Water and Environmental Protection adopts by order of the Minister of Water and Environmental Protection a) the provisions of art. 3 3 para. (1), within 2 years from the entry into force of the law approving this emergency ordinance; b) the provisions of art. 18 18 para. (2), within 18 months from the entry into force of the law approving this emergency ordinance; c) the provisions of art. 19 ^ 1 para. (3), within 2 years from the entry into force of the law approving this emergency ordinance; d) the provisions of art. 23 23 para. (2), within 18 months from the entry into force of the law approving this emergency ordinance; e) the provisions of art. 38 38 para. (2), within 18 months from the entry into force of the law approving this emergency ordinance. a) the provisions of art. 16 16 para. (2), within 18 months from the entry into force of the law approving this emergency ordinance; b) the provisions of art. 17 17 para. (1), within 12 months from the entry into force of the law approving this emergency ordinance; c) the provisions of art. 18 18 para. ((1), within 12 months from the entry into force of the law approving this emergency ordinance. " 47. Articles 25, 26, 28, 29, 30, 31, 34, section 3 of Chapter IV, respectively art. 42-45 42-45, art. 49 49 para. ((3) and art. 51 51, is repealed. This law was adopted by the Senate at the meeting of October 11, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at the meeting of October 22, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU + Annex The meaning of terms within the meaning of this emergency ordinance a) agglomeration-the area with a population whose number exceeds 250,000 inhabitants or the area where the population number is equal to or less than 250,000 inhabitants, but the population density per kmp justifies the need for quality assessment and management ambient air b) ambient air-tropospheric air, excluding of workplaces c) atmosphere-the air mass that surrounds the terrestrial surface, including the protective ozone layer d) best available techniques that do not involve excessive costs-the most advanced and most effective stage of the development of activities and operating methods that indicate the practical match of a certain technique to ensure in principle the basis for emission limit values, designed to prevent and, where not appropriate, reduce emissions and environmental impacts in general: -techniques-includes both the technology used and how the installation is designed, constructed, maintained, operated or removed from operation; -available technique-that technique developed on a scale that allows its implementation in the industrial sector important in economically and technically viable conditions, taking into account the costs and advantages, whether the technique is or is not used or produced in Romania, as long as the technique is reasonably accessible to the operator; -the best-most effective in achieving a high general level of the environment e) assessment-any method used for measuring, calculating, including mathematical modelling, forecasting or estimating the level of a pollutant in ambient air f) fugitive emissions-undirected emissions, released into the environment through windows, doors and other orifices, ventilation or opening systems, which do not normally fall into the category of pollution-directed sources g) mobile pollution sources-means of road, rail, ship and air transport, non-road mobile equipment equipped with internal combustion engines h) diffuse sources of pollution-sources of emissions not directed by air pollutants, such as fugitive emissions sources, natural sources of emissions and other sources that have not been specifically defined i) the margin of tolerance-percentage of the limit value with which it may be exceeded, under the conditions specified by the legislation in force j) level-the concentration of a pollutant in the ambient air or its deposition on surfaces in a given period k) pollutant-any substance introduced directly or indirectly by humans into the surrounding air, which may have harmful effects on human health or the environment l) alert threshold-the level above which there is a risk to human health following a short exposure and to which immediate action must be taken, according to the legislation in force m) limit value-level fixed on the basis of scientific knowledge, in order to avoid, prevent or reduce harmful effects on human health or the environment, which is reached in a given period and not to be exceeded after being reached n) threshold values-these values that constitute the level of alert thresholds that once were exceeded determine the taking of measures by the competent authorities, according to the legislation in force o) emission limit values-concentration or mass of polluting substances in emissions from sources during a specified period and whose overrun is not permitted p) area-part of the national territory, delimited for the purpose of assessing and managing air quality, approved by the Government. --------------