On The Protection Of Atmospheric Air

Original Language Title: Об охране атмосферного воздуха

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15098

 
On protection of atmospheric air * translated from the official language of Turkmenistan.
 
This law defines the legal and organizational basis for the protection of the atmospheric air from emissions and aims to ensure environmental safety, preventing the harmful effects of economic and other activity Wednesday, and human health.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) air-environmental component Wednesday, represents a natural mixture of gases of the atmosphere;
2) pollution (harmful) substance is a chemical or biological substance or mixture of substances contained in the ambient air and that in a certain concentration have harmful effects on the environment and public health Wednesday;
3) harmful physical impacts on the atmosphere-the harmful effects of noise, vibration, radiation, magnetic fields, infrared radiation, temperature and other physical factors that alter the physical properties of the atmospheric air and affect negatively the environment Wednesday and public health;
4) emissions of polluting substances in atmospheric air-flow of air pollutants from stationary and mobile sources of emissions of polluting substances;
5) air pollution-emissions of air pollutants that exceed their maximum permissible concentration in the air;
6) atmospheric air protection activities of bodies of State authority and administration, local government bodies, public associations, other legal persons and natural persons, aimed at improving the ambient air quality in order to prevent its negative impact on health and the environment Wednesday;
7) sources of pollutant emissions technology and other equipment, technological processes, machines and mechanisms by which emissions of polluting substances in atmospheric air;
8) mobile sources of emissions of polluting substances-transport and other mobile tools and self-propelled machines, equipped with engines, which entails emissions of polluting substances in atmospheric air;
9) stationary source emissions of polluting substances-any source (point, areal or other emission source) organized or unorganized polluting substances in the air, permanently or temporarily within the boundaries of the area of the object of the enterprise related to the legal or natural person;
10) air quality-the combination of physical, chemical and biological properties of atmospheric air, reflecting the degree of conformity of hygienic and ecological norms;
11) maximum permissible emissions of pollutants emission limit value norm is a pollutant in the ambient air, which is set for stationary source emissions of polluting substances taking into account the technical standards of emissions of polluting substances in atmospheric air and atmospheric air background pollution, provided that this source does not exceed sanitary and ecological norms required for the ambient air quality limits (critical) load on ecological systems;
12) standard of maximum permissible emissions of pollutants-income maximum values of atmospheric pollutants, under which air quality standards are ensured;
13) excess emissions emissions of atmospheric pollutants in excess of standards in the field of air protection for one or more air-polluting substance;
14) maximum permissible concentration of a pollutant in ambient air-concentration of pollutants, not providing direct or indirect adverse action on the present or future generation, not human health which are not compatible with his health and sanitary living conditions;
15) norm of permissible concentrations of pollutants in ambient air is an indicator of the exposure to one or more pollutants in the air, which leads to harmful effects on the environment and public health Wednesday;
16) the standard limit of harmful physical impacts on atmospheric air-standard that is set for each source of noise, vibration, electromagnetic and other physical impacts on the atmosphere in which the harmful physical effects does not exceed the maximum permissible levels of physical impacts on the air;
17) the hygienic standard of air quality-air quality criterion that reflects the maximum permissible concentrations of pollutants in ambient air at which no adverse effects on the health of the population;

18) environmental standard air quality-air quality criterion which reflects the maximum contents of pollutants in ambient air where there is no adverse impact on surrounding Wednesday;
19) adverse weather conditions-weather conditions conducive to the accumulation (increase) of pollutants in the surface layer of atmospheric air;
20) long-range transboundary air pollution-air pollution as a result of the pollutant over a long distance, whose emission source is located on the territory of another State;
21) background concentration of a pollutant in ambient air-concentration of pollutant per unit volume of atmospheric air, calculated according to the ambient air monitoring a specific territory and due to the influence of all sources of emissions of atmospheric pollutants in the territory;
22) greenhouse gases are gases that make up the greenhouse effect (carbon dioxide, methane, nitrogen oxides and other gases), which skipped the Sun's rays, prevent dlinnovolnovomu thermal radiation from the Earth's surface;
23) inventory of greenhouse gases-determination of volume of emissions and removals of greenhouse gases in order to assess the impact of greenhouse gases and ozone-depleting substances in the atmosphere and the climate system to identify measures to mitigate climate change;
24) climate change: observed and projected long-term changes in average climatic indicators, caused by human activities, as well as climate variability, including such anomalies as drought, severe storms and floods;
25) impact zone-area which is exposed to pollutants entering the atmosphere from the impact on atmospheric air;
26) objects impact on atmospheric air-location source emissions of atmospheric pollutants or concentration of emission sources of contaminants (engineering structures, including roads, production facilities and other similar objects).
 
Article 2. Turkmen legislation on air protection 1. Turkmen legislation on air protection is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan, regulating relations associated with the protection of atmospheric air.
2. Industrial relations related to air pollution in ozone-depleting substances are regulated by the legislation of Turkmenistan on the protection of the ozone layer.
3. Relations connected with the emission of chemical and radioactive substances in the air, shall be governed by this law and other normative legal acts of Turkmenistan.
4. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. Basic principles for the protection of atmospheric air protection of atmospheric air is carried out based on the following basic principles: 1) ensure the right of everyone to a healthy environment Wednesday, the priority of protecting the life and health of the population;
2) State administration in the field of air protection and State regulation of emissions of atmospheric pollutants and harmful physical effects on it;
3) prevention of atmospheric air pollution and harm the environment Wednesday;
4) Regulation of emissions of polluting substances in atmospheric air;
5) addressing issues of atmospheric air protection on a scientific basis;
6) introduction and use of energy-saving and resource-saving technologies (or), best available techniques to reduce emissions of polluting substances in atmospheric air;  
7) availability of ecological information on the State of atmospheric air, harmful physical influences on him and measures for its protection;
8) liability for violation of the legislation of Turkmenistan on air protection and compensation for damage caused as a result of air pollution as a result of economic and other activities.
 
Article 4. Harmful physical impacts on ambient air 1. State regulation of harmful physical impacts on the air by establishing norms of maximum permissible harmful physical impacts on the air.
2. The harmful physical effects on the atmosphere is permitted subject to compliance with established norms of maximum permissible harmful physical impacts on the air.
3. If there is a violation of the requirements specified in part 2 of this article, the relevant activities of individual enterprises and organizations may be suspended or restricted by the decision of Cabinet of Ministers of Turkmenistan.
 
CHAPTER II. The State management in the area of AIR PROTECTION Article 5. State administration bodies in the field of air protection
 

The State management in the area of air protection is carried out by the Cabinet of Ministers of Turkmenistan, the authorized body of State administration in the field of environmental protection, Wednesday authorized body of State administration in the field of health and medical industry and other public authorities, as well as local executive authorities and bodies of local self-government.
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan in the field of air protection of the Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the field of air protection;
2) approve state programs in the field of air protection;
3) approves projects scientifically rates of charges for emissions of polluting substances in atmospheric air and order her charging;
4) approves the spending of State monitoring of the condition of atmospheric air and use of its data;
5) solves other questions in the field of air protection, within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 7. Competence of the authorized body of State administration in the field of environmental protection Wednesday Authorized Government authority in the field of environmental protection Wednesday: 1) carries out measures for the implementation of a uniform State policy in the field of air protection, ensures the development of government programs in the field of air protection and monitors their implementation;
2) carries out the State control over compliance with legal and physical persons of the Turkmenistan legislation in force on the protection of atmospheric air;
3) maintains standards of maximum permissible emissions of polluting substances in atmospheric air by stationary and mobile emission sources and monitors compliance with these regulations;  
4) drafts of scientifically based standards of charges for emissions of polluting substances in atmospheric air and order its charging and presents them for approval to the Cabinet of Ministers of Turkmenistan;  
5) oversees the effective work of the dust and gas cleaning equipment for industrial and manufacturing enterprises;
6) gives permission in accordance with the established procedure of pollutant emissions into the atmosphere, making changes and (or) additions, pauses, resumes, extends the validity of permits for emissions of polluting substances in atmospheric air to stop their action;
7) maintains a list of contaminants and determines the class of danger objects impact on atmospheric air, which establish norms of maximum permissible emissions of atmospheric pollutants;
8) says the list of impacts on air, as well as the sources of emissions of atmospheric pollutants for which there are established norms of maximum permissible emissions of atmospheric pollutants;
9) establishes the procedure of accounting for emissions of polluting substances in atmospheric air;
10) organizes and conducts monitoring of the State of atmospheric air;
11) establishes the procedure for the conduct of physical inventories of emissions of pollutants and greenhouse gases in the atmosphere;
12) gives legal and natural persons licensed to develop drafts of normative instruments for the protection of the atmospheric air as well as the development of norms of maximum permissible emissions of atmospheric pollutants, the development of ecological passports and environmental impact assessment Wednesday;
13) examines the cases of administrative violations in the field of air protection in the order established by the legislation of Turkmenistan;
14) carries out international cooperation in the field of air protection;
15) solves other questions in the field of air protection, within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 8. Competence of the authorized body of State administration in the field of health and medical industry of Authorized Government authority in the field of health and medical industry: 1) takes part in the implementation of a uniform State policy in the field of air protection, as well as the development of national programmes in the field of air protection;
2) negotiates in the prescribed manner the standards of maximum permissible emissions of pollutants in ambient air and projects of sanitary-protective zones;
3) approves the regulations the maximum allowable concentration of pollutants in ambient air and approximately safe exposure levels of pollutants in ambient air of settlements and places of mass rest population;
4) establishes classes of danger of pollutants released into the air, and the procedure for classifying pollutants to certain classes of risk of polluting substances;
5) solves other questions in the field of air protection, within its competence, in accordance with this law and other normative legal acts of Turkmenistan.
 

Article 9. The competence of the local authorities and local self-government bodies of the local executive bodies and local governments: 1) contribute to the implementation of a uniform State policy and State programmes in the field of air protection on their territory;
2) promote activities aimed at prevention, reduction and elimination of pollution of atmospheric air on their territory;
3) within its field of competence, inform the public about the State of atmospheric air pollution;
4) participate in determining placements on their territory of production and consumption wastes that pollute air, in consultation with the relevant public authorities;
5) decide any other matters in the field of air protection falling within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
CHAPTER III. STANDARDIZATION in the field of AIR PROTECTION of Article 10. Classification of sources of emissions of atmospheric pollutants 1. For the purposes of accounting, inventory, as well as regulation and control in the field of air protection is carried out by classification of sources of emissions of atmospheric pollutants.
2. sources of emissions of polluting substances in atmospheric air are subdivided into mobile and stationary, Nonstationary.
3. Stationary source emissions of atmospheric pollutants are subdivided into organized and disorganized emission stationary sources of stationary source emissions: 1) organized stationary sources of emissions of atmospheric pollutants are sources of these emissions are equipped with devices through which you are receipts of localization of atmospheric pollutants;
2) to unorganized stationary sources of emissions of polluting substances in atmospheric air are sources of these emissions are not equipped with the devices by which the proceeds of the localization of atmospheric pollutants.
4. mobile sources of emissions of atmospheric pollutants are subdivided as follows: 1) motor vehicles (except motor powered);
2) railway vehicles (except powered by electric motors);
3) aircraft;
4) sea-going vessels and inland vessels.
5. stationary process emission sources of atmospheric pollutants are the sources of these emissions are not stationary or mobile sources of emissions and included in the list of non-stationary sources of emissions of atmospheric pollutants, approved by the authorized body of State administration in the field of environmental protection Wednesday.
 
Article 11. Classification of pollutants emitted to ambient air 1. Classification of pollutants by hazard class is carried out to determine the size of the payments for emissions of polluting substances in the air, the amount of compensation for injury caused to surrounding Wednesday emissions of atmospheric pollutants.
2. establishment of hazard classes of pollutants released into the air, and their assignment to certain classes of risk of pollutants shall be carried out in accordance with article 8 of this law.
 
Article 12. Standards in the field of air protection 1. Standards in the field of air protection include: 1) ambient air quality standards;
2) standards of pollutant emissions into the air;
3) standards of maximum permissible harmful physical impacts on the atmosphere.
2. the laws of Turkmenistan may establish other norms in the field of air protection.
 
Article 13. Ambient air quality standards 1. Ambient air quality standards serve as establishing norms of maximum permissible emissions of atmospheric pollutants, environmental safety and health Wednesday in carrying out economic and other activity.
2. ambient air quality standards include: 1) norms of maximum permissible concentrations of pollutants in ambient air and approximately safe exposure levels of pollutants in ambient air settlements, as well as at the premises of organizations, enterprises and institutions, irrespective of their form of ownership;
2) standards of environmentally safe concentrations of pollutants in ambient air of especially protected natural areas, recreational areas, as well as natural areas subject to special protection, and biosphere reserves;
3) standards of specific emissions of atmospheric pollutants per unit of output, power, mileage or other movable means for mobile and stationary emission sources of atmospheric pollutants, processes and equipment.

3. ambient air quality standards are common for the whole territory of Turkmenistan. If necessary for individual Territories establishes other norms of ambient air quality.
 
Article 14. Standards of emissions of atmospheric pollutants 1. Standards of emissions of atmospheric pollutants include: 1) technological standards of emissions of polluting substances in atmospheric air;
2) standards of maximum permissible emissions of pollutants into the air;
3) regulations the contents of pollutants in the waste gas of mobile sources of emissions of atmospheric pollutants.
2. the technological standards of emissions of polluting substances in atmospheric air are: 1) the sectoral technological standards of emissions of polluting substances in atmospheric air;
2) individual technological standards of emissions of polluting substances in atmospheric air.
Industry technology standards of emissions of polluting substances in atmospheric air are developed and approved by the relevant authorities in agreement with the competent authority of the State administration in the field of environmental protection Wednesday.
Individual technological standards of emissions of polluting substances in atmospheric air by developed and approved by the legal entities engaged in activities related to emissions of atmospheric pollutants.
3. Standards of maximum permissible emissions of polluting substances in atmospheric air by stationary sources of emissions of atmospheric pollutants were approved by the authorized body of State administration in the field of environmental protection Wednesday.
4. Standards the content of pollutants in the waste gas of mobile sources of emissions of atmospheric pollutants are established by normative legal acts of Turkmenistan.
 
Article 15. Standards of maximum permissible harmful physical impacts on ambient air 1. In order to State regulation of harmful physical impacts on the air are established standards of maximum permissible harmful physical impacts on the air.
2. Standards of maximum permissible harmful physical impacts on ambient air developed by the authorized State body, determined by the Cabinet of Ministers of Turkmenistan.


Article 16. Impact zone

 
1. the impact Zone shall be determined by legal and natural persons carrying out economic activity and other activities related to emissions of atmospheric pollutants in order to: 1) projected objects impact on atmospheric air-as a part of the project documentation;
2) existing facilities impact on atmospheric air-the draft norms of maximum permissible emissions of pollutants into the atmosphere.
2. Dimensions and impact zone boundary shall be determined on the basis of calculations of dispersion of pollutants in ambient air with taking into account the background concentration of pollutants in ambient air and ensure that outside of these zones the content of pollutants in ambient air do not exceed air quality standards.
 
CHAPTER IV. REQUIREMENTS for AIR PROTECTION Article 17. Obligations of legal entities and physical persons, whose activity is connected with the emission of atmospheric pollutants and harmful physical effects on atmospheric air by legal entities and physical persons, whose activity is connected with the emission of atmospheric pollutants and harmful physical effects on atmospheric air shall: 1) comply with the requirements of the legislation of Turkmenistan on the protection of atmospheric air;
2) ensure efficient operation of facilities and equipment for reducing emissions of atmospheric pollutants and harmful physical impacts on atmospheric air and monitor them;
3) carry out accounting of the quantity and composition of pollutant emissions into the air;
4) to supervise the design and construction of enterprises, buildings and other objects of economic and other activities in part of compliance with the air protection;
5) perform special activities in cases receiving warnings about a possible increase in the level of air pollution in connection with unfavorable meteorological conditions;
6) comply with established norms of maximum permissible harmful physical impacts on the air;
7) take in the prescribed manner measures to eliminate Salvo and accidental releases of pollutants into the air;
8) to conduct the registration of subordinated enterprises, with sources of emissions of atmospheric pollutants, State statistics bodies of Turkmenistan in agreement with the competent authority of the State administration in the field of environmental protection Wednesday;
9) take measures to eliminate fugitive emissions of stationary sources of atmospheric pollutants, translating them into the category of sources;
10) equip the sources of emissions of atmospheric pollutants of the dust collecting equipment, gas cleaning equipment;

11) provide on demand of an authorized body of State administration in the field of environmental protection Wednesday information about pyleulavlivaûŝem gas cleaning equipment and components, as well as other media and plants to reduce emissions of polluting substances in atmospheric air;
12) permit the emission of atmospheric pollutants and comply with the conditions set out in this resolution;
13) promptly pay for emissions of polluting substances in atmospheric air;
14) perform other duties related to the protection of the atmospheric air, established by the legislation of Turkmenistan.
 
Article 18. Licensing of legal and natural persons engaged in the development of normative documents in the field of air protection Activities of legal entities and individuals engaged in the development of projects of normative documents in the field of air protection, as well as the development of norms of maximum permissible emissions of atmospheric pollutants, the development of ecological passports and environmental impact assessment Wednesday, subject to licensing in order established by the legislation of Turkmenistan on licensing of separate types of activity.
 
Article 19. Atmospheric air protection requirements for the design, siting, construction, reconstruction and maintenance of economic and other activities 1. In the design, siting, construction, reconstruction and maintenance of economic and other activities, as well as in the development of cities and other settlements shall be ensured compliance with air quality standards in accordance with the legislation of Turkmenistan.
2. The design and siting of economic and other activities that may have adverse effects on air quality, as well as in the planning of building cities and towns must take into account the background levels of air pollution and carried out a preliminary forecast of its quality.
3. in order to protect air quality in cities and towns are established sanitary-protective zone of economic and other activities.
4. the projects for modernization and reconstruction of economic and other activities that may have adverse effects on air quality, should include activities to reduce emissions of polluting substances in atmospheric air by up to prescribed limits in accordance with requirements established by the legislation of Turkmenistan.
In case of impossibility of reducing emissions of atmospheric pollutants and harmful physical impacts on the air to the established specifications of relevant enterprises, the use of appropriate structures and objects of economic and other activities may be suspended by decision of the Cabinet of Ministers of Turkmenistan.
5. Placement of objects of economic and other activities which may have a harmful effect on the quality of ambient air, is consistent with the authorized body of State administration in the field of environmental protection Wednesday and other public authorities in the manner prescribed by the legislation of Turkmenistan.
6. When commissioning the new and (or) reconstructed objects of economic and other activities, carrying out emissions of polluting substances in the air, there should be respect for norms of maximum permissible emissions of pollutants into the atmosphere and norms of maximum permissible harmful physical impacts on the air. In cases stipulated by mandatory for compliance with the requirements of technical normative legal acts, these objects are equipped with automated systems for emission control of atmospheric pollutants.
7. it is forbidden the placement and operation of economic and other activity, carrying out emissions of polluting substances in the air that are not set out in the regulations of air protection of the plants for purification of gases and reduce emissions of atmospheric pollutants, as well as the means of monitoring the specified emissions.
8. it is prohibited to design, placement and construction of objects of economic and other activities which may lead to adverse effects of climate change and the Earth's ozone layer, deterioration of the health of the population, the destruction of plant genetic resources and genetic Fund of animals, the occurrence of irreversible effects on the environment Wednesday.
A list of materials, forbidden to use in construction and reconstruction of residential buildings, public and other objects is determined by the legislation of Turkmenistan.
 
Article 20. Requirements for protection of atmospheric air with emissions of polluting substances in atmospheric air by stationary and Nonstationary sources 1. When operating stationary sources of emissions of atmospheric pollutants must be: 1) defines the point of air sampling of the emission sources for analysis of composition of pollutant emissions into the air;
2) are complied with the rules of operation of the disposal of pollutants.  

2. Emissions of polluting substances in atmospheric air by stationary sources of emissions of polluting substances in atmospheric air are only permitted with permission on these emissions and in accordance with the standards of maximum permissible emissions of atmospheric pollutants and conditions established in this resolution.
3. emissions of atmospheric pollutants from non-stationary emission sources shall be permitted, provided that the sources of emissions of pollutants shall be operated in compliance with the requirements of the normative legal acts of Turkmenistan.
 
Article 21. Requirements for entry into Turkmenistan, production and operation of mobile sources of emissions of atmospheric pollutants 1. Prohibits the manufacture and operation of mobile sources of emissions of atmospheric pollutants in the emissions which the pollutant content exceeds the specific emission norms established by the legislation of Turkmenistan.
2. it is not allowed entry into Turkmenistan transport and other mobile assets and installations the emissions of which the pollutant content and levels of harmful physical impacts on ambient air exceed established norms.
3. Legal and natural persons carrying out repair and maintenance of transport and other mobile tools by which emissions of polluting substances in atmospheric air are required to avoid exceeding the normative content of pollutants in exhaust gases and norms of maximum permissible harmful physical impacts on the atmosphere.
4. transport and other mobile tools by which emissions of polluting substances in the air, in the prescribed manner are subject to mandatory testing for compliance with specific standards of emissions of polluting substances in atmospheric air.
 
Article 22. Requirements for air protection and the development of cities and towns, building Design, replanning, reconstruction of cities and other settlements are carried out in accordance with sanitary, environmental and other regulations in the field of air protection, this should take into account the condition of atmospheric air, forecast possible changes and activities on atmospheric air protection.
 
Article 23. Requirements for air protection during storage, disposal, recycling and disposal of wastes that pollute air 1. Storage, disposal, recycling and waste treatment, air contaminants, in the territories of enterprises, institutions and organizations, municipalities, as well as landfills for waste disposal shall be made in accordance with the legislation of Turkmenistan in the field of waste management.
2. Legal and natural persons engaged in business and other activities required to ensure timely removal of all types of waste are the sources of air pollution, in specialized places their properties and (or) graves, as well as other objects of economic or other activities, using such waste as raw material.
 
Article 24. Requirements for air protection when applying, transport, storage and elimination remedies objects of flora and mineral fertilizers 1. Legal and natural persons engaged in business and other activities are required to comply with the rules and requirements in the field of air protection during use, transportation, storage and elimination remedies objects of flora and mineral fertilizers in order to prevent air pollution.
2. The application of the protection of the flora and mineral fertilizers is permissible when there is: 1) ambient air quality standards established for contaminants that may be released into the air when applying and storing remedies objects of flora and mineral fertilizers;
2) methodologies in ambient air concentrations of contaminants that may be released into the air when applying and storing remedies objects of flora and mineral fertilizers.
3. the use, transportation, storage and disposition of the means of protection of flora and mineral fertilizers should be implemented in ways that reduce emissions of polluting substances in atmospheric air.
 
Article 25. Compliance with the requirements on the protection of atmospheric air with minerals from the subsoil and conducting blasting mining from the bowels and blasting shall be carried out in compliance with the requirements for protection of atmospheric air in ways consistent with the authorized body of State administration in the field of environmental protection Wednesday in accordance with the legislation of Turkmenistan.
 
Article 26. Requirements for protection of atmospheric air when an adverse meteorological conditions
 

1. Regulation of emissions of atmospheric pollutants during adverse weather conditions is carried out in case if there are adverse weather conditions and the contaminant maximum concentration in the air exceeded the air quality standards.
2. Regulation of emissions of atmospheric pollutants during adverse weather conditions is carried out through the implementation of activities for the reduction of emissions of polluting substances in the air for a period of unfavourable weather conditions.
3. Regulation of emissions of atmospheric pollutants during adverse weather conditions is carried out in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
 
Article 27. Organization of the work of State bodies in major emergency emissions of pollutants into the atmosphere, threatening the health of the population of 1. If you change the State of atmospheric air, which caused major accidental releases of polluting substances in atmospheric air and creates health risks, authorized State bodies and local authorities must immediately inform the Cabinet of Ministers of Turkmenistan, and in urgent cases provide temporary evacuation and (or) take other urgent action.  
2. The Cabinet of Ministers of Turkmenistan in the event of a major emergency emissions of atmospheric pollutants in the prescribed manner introduces a special regime of work of enterprises, institutions, organizations and organizing the movement of vehicles in order to reduce the intensity of emissions of polluting substances in atmospheric air and eliminating harmful physical impacts on the air.
 
Article 28. Permit for emissions of polluting substances in atmospheric air by 1. Stationary sources of emissions of polluting substances in atmospheric air by legal and natural persons carrying out economic activity and other activities related to emissions of atmospheric pollutants, is allowed only with permission of pollutant emissions into the atmosphere, which is issued by an authorized body of State administration in the field of environmental protection Wednesday.
2. issuance of permits for emissions of polluting substances in the air, the specified permission changes and (or) additions, suspension, renewal, extension of the term of validity of such permission, the termination of his actions are implemented in the order established by the authorized State body in the field of environmental protection Wednesday.
3. In the resolution on emissions of polluting substances in atmospheric air are established standards of maximum permissible emissions of pollutants into the atmosphere and conditions for the exercise of emissions of atmospheric pollutants in accordance with article 13 of this law.
4. it shall be prohibited to emissions of atmospheric pollutants in excess of the norms of maximum permissible emissions of pollutants in ambient air referred to in paragraph 3 of this article, or if there is a violation of the conditions set forth in the resolving of pollutant emissions into the atmosphere.
 
Article 29. Measures to protect the population when the State of atmospheric air, threatening people's lives and health 1. Measures to protect the population when the State of atmospheric air, threatening the lives and health of people shall be developed and implemented in accordance with the legislation of Turkmenistan.
2. The order of events referred to in paragraph 1 of this article shall be established by the Cabinet of Ministers of Turkmenistan.
3. When the State of atmospheric air, which is caused by accidental releases of polluting substances in atmospheric air and creates health risks, emergency measures are being taken to protect the population in accordance with the legislation of Turkmenistan.
 
Article 30. Transboundary air pollution in accordance with universally recognized principles and norms of international law in the field of air protection provides hosting the activities to reduce emissions of atmospheric pollutants in order to reduce transboundary air pollution.
 
Article 31. Standards for fees for emissions of polluting substances in atmospheric air by 1. For environmental pollution Wednesday emissions of atmospheric pollutants by legal and natural persons are obliged to make payments in accordance with established standards of charges for emissions of polluting substances in atmospheric air.
2. Standards for fees for emissions of polluting substances in the air include: 1) Standards Board for emissions of polluting substances in atmospheric air within established limits (standards of maximum permissible emissions of atmospheric pollutants);
2) Standards Board for emissions of polluting substances in atmospheric air by sverhustanovlennyh limits.

3. Size of payments for enterprises, organisations and other legal entities and natural persons whose activities have an impact on environmental pollution Wednesday through emissions of atmospheric pollutants, in accordance with the standards of charges for emissions of polluting substances in atmospheric air are installed by an authorized body of State administration in the field of environmental protection Wednesday.
4. payments for environmental pollution Wednesday through emissions of atmospheric pollutants are carried out in accordance with the legislation of Turkmenistan.
 
Article 32. Protecting the climate system 1. To protect the climate system and mitigate the adverse effects of climate change is the stabilization of the concentration of pollutants and greenhouse gases in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
2. measures to protect the climate system against human-induced climate change include: 1) developing an inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases;
2) Regulation of the production and use of substances which have a negative impact on the climate;
3) introduction and implementation of technologies, practices and processes that reduce or prevent anthropogenic emissions of greenhouse gases;
4) introduction and use of energy-saving and resource-saving technologies (or), best available techniques;
5) use of solar, wind, heat, Earth, natural movement of water flows and other renewable sources of energy that have minimal adverse impact on atmospheric air;
6) conducting other activities in the field of the protection of the climate system and mitigate the adverse effects of climate change.
 
CHAPTER V. ACCOUNTING OF EMISSIONS OF POLLUTING SUBSTANCES IN ATMOSPHERIC AIR. STATISTICAL SURVEYS IN THE FIELD OF AIR PROTECTION. INVENTORY EMISSIONS OF POLLUTANTS and greenhouse gases in the ATMOSPHERE Article 33. Organization of accounting of emissions of atmospheric pollutants 1. Accounting of emissions of polluting substances in atmospheric air conducted by legal and natural persons carrying out economic activity and other activities related to emissions of polluting substances in atmospheric air by stationary sources of emissions, in the manner prescribed by an authorized body of State administration in the field of environmental protection Wednesday and authorized body of State administration in the field of statistics.
2. Legal entities and physical persons, as a result of the activities that produce emissions of atmospheric pollutants and harmful physical impacts on atmospheric air shall: 1) on schedule in agreement with the competent authority of the State administration in the field of environmental protection Wednesday and authorized body of State administration in the field of health and medical industry of the State statistical bodies to submit reports on emissions of atmospheric pollutants and harmful physical effects on atmospheric air;
2) develop and regularly fill the ecological Passport enterprises and organizations on the basis of their production data as agreed with the competent authority of the State administration in the field of environmental protection Wednesday.
3. list of organizations working in the established order accounting of emissions of polluting substances in the air, is determined by the authorized State body in the field of environmental protection Wednesday.
 


Article 34. State statistical observations in the field of air protection

 
Conducting of State statistical observations in the field of air protection and presentation of statistical data in this area are carried out in accordance with the legislation of Turkmenistan on statistics.
 
Article 35. Inventory of emissions of atmospheric pollutants 1. Legal and natural persons carrying out economic activity and other activities related to emissions of polluting substances in atmospheric air by stationary sources of emissions are required to inventory emissions of polluting substances in atmospheric air.
2. the procedure for the conduct of physical inventories of emissions of polluting substances in atmospheric air is established by the State administration body in the field of environmental protection Wednesday.
 
Article 36. Inventory of emissions of greenhouse gases in ambient air 1. Legal and natural persons carrying out economic activity and other activities related to emissions of greenhouse gases in the atmosphere, are obliged to undertake an inventory of emissions of greenhouse gases in the atmosphere.
2. the procedure for the conduct of physical inventories of greenhouse gas emissions into the atmosphere is established by the State administration body in the field of environmental protection Wednesday.
 
CHAPTER VI. STATE MONITORING Of Atmospheric Air. MONITORING of the ATMOSPHERIC AIR PROTECTION Article 37. State ambient air monitoring
 

1. State monitoring of the atmospheric air consists of a system of ambient air monitoring in order to ensure the needs of States, businesses and individuals for reliable information about the quality of atmospheric air, contaminated, as well as a forecast of the possible change in the status of air quality and assessment of pollution.
2. Authorized Government authority in the field of environmental protection Wednesday and other public authorities, within their competence, exercise State ambient air monitoring.
Monitoring the harmful physical impacts on atmospheric air in populated areas is carried out by the authorized body of State administration in the field of health and medical industry.
3. the holding of the State ambient air monitoring to determine the concentrations of the pollutants and greenhouse gases it is carried out through the use of modern methods of modeling processes changes state of atmospheric air and its prediction.
4. Authorized Government authority in the field of environmental protection Wednesday specifies that organizations should implement industrial monitoring pollutant emissions and greenhouse gases into the atmosphere.
5. The procedure for conducting State ambient air monitoring and use of its approved by the Cabinet of Ministers of Turkmenistan.
 
Article 38. State monitoring of atmospheric air protection 1. The task of the State control over protection of atmospheric air is to ensure compliance with all the legal and natural entities to the requirements of the legislation of Turkmenistan on air protection.
2. State control for protection of atmospheric air is carried out by the authorized body of State administration in the field of environmental protection Wednesday and other public authorities within their competence.
3. the public authorities referred to in paragraph 2 of this article may engage in the prescribed manner the production services of enterprises and organizations, as well as public inspectors to participate in the implementation of State control over protection of atmospheric air.
4. the procedure for implementation of State control over protection of atmospheric air is determined by this law and other normative legal acts of Turkmenistan.
 
Article 39. Departmental monitoring of atmospheric air protection 1. Departmental monitoring of atmospheric air protection is an integral part of the departmental control environmental protection Wednesday.
2. Departmental control over the protection of atmospheric air is carried out by the ministries and other public authorities in order to verify compliance with the subordinate enterprises of requirements for protection of atmospheric air.  
3. the procedure for the implementation of the departmental control over the protection of atmospheric air is set by the relevant ministries and other public authorities within their competence.
 
Article 40. Production control for atmospheric air protection 1. Production control for atmospheric air protection in enterprises and organizations, which are sources of harmful impacts on atmospheric air, is carried out by environmental departments of these companies.
2. Enterprises and organizations, which are sources of harmful impacts on the atmosphere, atmospheric air protection should undertake in accordance with the legislation of Turkmenistan on air protection.
3. Information about the persons responsible for conducting production monitoring of atmospheric air protection, and on the Organization of environmental services at the sites of economic and other activities are submitted to the competent body of State administration in the field of environmental protection Wednesday.  
The results of carried out production control for atmospheric air protection under the relevant request shall be submitted to the competent body of State administration in the field of environmental protection Wednesday.
 
Article 41. Public monitoring of the atmospheric air protection 1. Public monitoring of the atmospheric air protection is carried out in the manner prescribed by the legislation of Turkmenistan.
2. the results of public control over the protection of atmospheric air, obtained in the course of public inspection, shall be submitted to the competent body of State administration in the field of environmental protection Wednesday and are advisory in nature.
 
Article 42. The rights of citizens and public associations in the field of air protection 1. Citizens and public associations have the right to: 1) favourable to life and health of atmospheric air;
2) receive accurate and timely information on the State of atmospheric air, contaminated and on the sources of air pollution and adverse physical effects to it and measures taken for the protection of the atmospheric air;
3) engaged in activities for the protection of the atmospheric air;
4) participate in the public hearings to discuss the proposed economic or other activity that is likely to have harmful effects on air quality;

5) setting to the competent authorities the question of additional State ecological examination of the source of pollution of atmospheric air;
6) discussion of government programs in the field of air protection and amendment of its proposals on the improvement of its quality;
7) recourse to the appropriate authorities of the violation or threat of violation of their rights, freedoms or legitimate interests in the field of air protection and on compensation for harm caused to life, health and property of the citizen as a result of air pollution or harmful physical impacts on atmospheric air;
8) participate in the discussion of draft normative legal acts of Turkmenistan in the field of air protection.
2. Representatives of public associations have the right to review the reports referred to in paragraph 1 of part 2 of article 33 of this law, as well as the right of access to the premises of economic and other activity with sources of atmospheric air pollution and harmful physical effects on him, in the manner and under the conditions established by the legislation of Turkmenistan.
3. citizens and public associations have the right to appeal against the actions of officials of ministries and other public authorities to ensure compliance with specified requirements to officials air protection in the order established by the legislation of Turkmenistan.
 
CHAPTER VII. International Cooperation In The Field Of AIR PROTECTION.
RESPONSIBILITY for VIOLATION of LEGISLATION on PROTECTION of ATMOSPHERIC AIR DEPARTURE DATES in Article 43. International cooperation in the field of air protection of international cooperation in the field of air protection is carried out in accordance with the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
 
Article 44. Liability for violation of the legislation of Turkmenistan on air protection legal and physical persons guilty of violating the legislation of Turkmenistan on protection of atmospheric air, bear responsibility in accordance with the legislation of Turkmenistan.
 
CHAPTER VIII. FINAL PROVISIONS Article 45. Compensation for damage caused as a result of violations of the law of Turkmenistan on air protection legal and physical persons, causing environmental damage Wednesday, organizations or to the State, health and property of citizens as a result of the breach of the Turkmenistan legislation on air protection, shall be liable for damage in accordance with the legislation of Turkmenistan.
 
Article 46. Dispute resolution in the field of air protection disputes arising in the field of air protection, shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Article 47. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Null and void: 1) Turkmenistan law dated December 20, 1996 year on protection of atmospheric air (statements of the Mejlis of Turkmenistan, 1996, no. 4, p. 66);
2) Part XXIII of the Turkmenistan law dated April 18, 2009 year amending, supplementing and repealing certain acts of Turkmenistan "(records of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 33).
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 26, 2016 year no. 366-V.