In connection with the entry into force of the Law of the Republic of Belarus of July 17, 2023 No. 295-Z “On Amending the Law of the Republic of Belarus “On Atmospheric Air Protection” (hereinafter referred to as Law No. 295-Z), which amended certain provisions on issues of standardization in the field of atmospheric air protection, legal entities and individual entrepreneurs whose activities are related to the production (generation) of energy using waste of hazard classes 1 – 3 and (or) waste disposal at facilities affecting atmospheric air, must obtain permits for emissions of pollutants into the atmospheric air or comprehensive environmental permits for such facilities before July 23, 2024.
As part of bringing legislation into line with Law No. 295-Z, Resolution of the Council of Ministers of the Republic of Belarus of December 20, 2023 No. 921 (hereinafter referred to as Resolution of the Council of Ministers No. 921) was adopted, which sets out in new edition of the Regulation on the procedure for issuing permits for emissions of pollutants into the atmospheric air, approved by Resolution of the Council of Ministers of the Republic of Belarus dated May 21, 2009 No. 664 (hereinafter – Resolution No. 664).
Resolution No. 921 supplemented Resolution No. 664 with a new Regulation on the procedure for coordinating acts of inventory of emissions of pollutants into the atmospheric air.
From January 23, 2024, the act of inventory of emissions of pollutants into the atmospheric air, according to which the total gross emissions of pollutants are 3 or less tons per year or the gross emissions of pollutants of hazard class 1 are 10 or less kilograms per year, is subject to approval at the place of state registration of the applicant in the regional (Minsk city) committee of natural resources and environmental protection (subparagraph 6.21.5 of the Unified list of administrative procedures carried out in relation to business entities, approved by Resolution of the Council of Ministers of the Republic of Belarus dated September 24, 2021 No. 548). This requirement does not apply to acts of inventory of emissions of pollutants into the atmospheric air approved by legal entities and individual entrepreneurs before January 23, 2024.
Resolution No. 664 (as amended by Resolution No. 921) establishes categories of objects affecting the atmospheric air and lists of objects affecting the atmospheric air related to various categories.
Law No. 295-Z defines the term “automated system for monitoring emissions of pollutants into the atmospheric air” (hereinafter referred to as ASC), based on which, from January 23, 2024, systems for monitoring emissions of pollutants into the atmospheric air installed at facilities (process equipment), emissions from which are subject to mandatory continuous measurements, and do not ensure the transfer of data to the Republican Information System for Automated Environmental Monitoring (RISAMOS), will not be classified as ASC. Taking into account the above, business entities must take measures to ensure the transfer of data from the ASC to RISAMOS as soon as possible.
Also, as part of bringing legislation into line with Law No. 295-Z, Resolution No. 36 of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated December 28, 2023 was adopted, which sets out in a new edition the Instruction on the procedure for regulating emissions of pollutants into the atmospheric air during adverse meteorological conditions, approved by Resolution No. 39 of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated June 9, 2009.
In accordance with this Instruction, the regulation of emissions of pollutants into the atmospheric air during adverse meteorological conditions is carried out by legal entities and individual entrepreneurs operating in populated areas where atmospheric air monitoring is carried out, during the operation of:
objects affecting the atmospheric air, which are classified as categories I and II in accordance with the categories of objects affecting the atmospheric air and the lists of objects affecting the atmospheric air related to various categories established in the appendix to the resolution Council of Ministers No. 664;
mobile emission sources (mechanical vehicles) in the amount of 100 or more units.
The law provides for a number of other changes aimed at increasing the effectiveness of atmospheric air protection.
