The maximum allowable emissions of MPE are being reviewed. How to develop a pdv project yourself, step by step instructions
There is only one way to regulate the quality of the entire environment - the introduction of MPE (maximum allowable emission) for pollution sources and strict control over the implementation of these standards. According to the MPE, conditions are established under which the content of pollutants in the surface air layer from a combination of sources should not exceed the quality standards that are needed for the population, as well as the flora and fauna of the area.
MPE setting and control
Specifically, for each source that can pollute the atmosphere, the maximum allowable emission is set. The condition is such that the emission of a pollutant, taking into account dispersion and interactions with other components, does not create concentrations that affect air quality and exceed the established norm. This applies to both individual enterprises and the totality of sources polluting the air of a settlement. In addition, all prospects for the development of enterprises are necessarily taken into account.
Russia is branched out to provide state control over all pollution, assess the quality of atmospheric air and manage its purification processes by establishing the MPE standard. What are the maximum allowable emissions? We talk about this in the article.
Documentation
In our country, a regulatory document is working today - in the atmosphere of harmful substances for populated areas, "which lists 628 harmful substances, maximum, one-time and average daily values \u200b\u200bof MPC, the hazard class of each substance, the limit of the hazard indicator. There is also a prohibitive section for the release of substances" B "Because of their extreme biological activity. There are thirty-eight such prohibited substances.
At elevated temperatures, the maximum allowable emission of harmful substances into the atmosphere from a single source, provided by the concentration in the surface air, but which does not exceed the MPC, is calculated using special formulas. Regulates the quality of the environment and is under the control of MPE, which is a technical norm that is scientifically substantiated. Maximum allowable emissions (MAE) of harmful substances into the atmosphere from industrial sources are determined on the basis of establishing and studying their various parameters, as well as the properties of harmful substances that are emitted into the atmosphere, and the atmospheric conditions of the moment.
Calculation of allowable concentrations
In order to carry out preventive sanitary supervision and make timely reasonable requirements for all recreational activities, in order to accurately determine the maximum allowable emissions (MAE) related to industrial enterprises, special data for calculating the concentrations of foreign substances in the atmosphere are used.
A standard value has been set to ensure protection air environment from environmentally harmful substances emitted into the atmosphere - this is the maximum allowable emission: the volume of a pollutant per unit of time (of each individual source of pollution). Exceeding this normative value is the excess of the MPC in the environment that surrounds the source of pollution, which leads to the most adverse consequences for the surrounding area and for the health of the population living there.
Legislation
The volume "Protection of the atmosphere" draws up the results of the work carried out by the head departmental organizations, and proposals are made there as to what the maximum allowable emission of pollutants into the atmosphere (MAE) should be, as well as TER - temporarily agreed emission - for the enterprise. The "Temporary Technique of Rationing" contains the structure of this volume.
All industrialized countries have environmental laws aimed at limiting atmospheric and environmental pollution. In Russia, the Law "On the Protection of Atmospheric Air" was adopted, which presents the normative indicators of MPE, MPC and VVV (temporarily agreed) of harmful substances. The development of action plans protecting the air basin is based on the results of measurements.
Then the latter are reflected in the statistical reporting (form No. 2-tp - air), are used in the calculation of standards, which displays the maximum allowable emission of harmful substances. This is an integral part of ensuring the operation of production and guarantees the objectivity of fiscal sanctions - payments for emissions. In addition, sufficient and rational investment costs are needed to comply with environmental requirements in the future, taking into account the social and financial goals of production.
Current measures to protect the purity of the atmosphere
For each operating enterprise, a project of maximum permissible emissions of pollutants into the atmosphere is developed. This necessitates measures that guarantee the disposal of oil waste, environmental certification of enterprises, as well as comprehensive geoecological studies of the territory of oil production and all zones of influence of oil production enterprises.
When new enterprises are being designed and existing enterprises are being reconstructed, a project of maximum permissible emissions of harmful substances into the atmosphere is developed for each of them. The concept of MPC in these norms is expressed in average annual allowable concentrations (MAC), which make it possible to justify the volumes of maximum allowable emissions of radioactive isotopes, for example, in external environment.
MPC in soils
Emission limits for pollutants in soils are very difficult to establish. The soil cover environment is less mobile than surface waters and the atmosphere, so accumulation chemical compounds entering the soil takes a long time.
For this reason, the main factor that determines the ELV for an enterprise or group of enterprises concerns the operating time required to accumulate emissions to the level of the MAC. However, the soil is constantly in an active microbiological process, there are physical and chemical processes that transform foreign substances entering the soil, and the depth and direction here are not unambiguously determined.
different approach
As for the project of maximum permissible emissions (MAE), it can only be used to control organized emissions of harmful substances, and it is drawn up in such a way as to correspond to the given area. The division of emissions into organized and unorganized requires a different approach to accounting and control.
For example, the introduced new gas heating systems and even the replacement of existing systems operating on hot water or steam are also environmentally unsafe. Burning natural gas produces nitrogen oxides and carbon monoxide. Even for the combustion of gaseous fuels, there are standards for maximum permissible emissions everywhere.
And, for example, at chemical enterprises it is often not possible to comply with the concentration of harmful substances emitted. Then, a stage-by-stage reduction of emissions is introduced, at each, temporarily agreed upon (TSV) are necessarily established. The number of these emissions should correspond to the normative indicators adopted for enterprises with similar capacities.
The results of the control appear in each quarterly and annual report. Who sets the maximum allowable emissions? There is such an organization - the State Hydrometeorological Committee, which draws up all the schedules for the norms of the content of harmful substances in the emissions of enterprises.
On guard of public health
Normal sanitary and hygienic conditions in production premises and throughout the enterprise, as well as in settlements allow the content of harmful substances, which does not exceed the standards of maximum permissible emissions. For unconditional compliance with MPC, a draft of maximum permissible emissions is being made for each enterprise and each substance.
There are laws of the Russian Federation: "Environmental Protection", "Epidemiological and sanitary well-being of the population" and "Atmospheric air protection", according to which the discharge and emission of harmful compounds, waste disposal is carried out only on the basis of a permit issued by special authorized government bodies. The permit takes into account all the MPE and MPD standards (emissions and discharges), as well as many other conditions for respect for the environment and human health.
Conditions for drafting a project
Any enterprise that has even a single source of harmful emissions must have draft MPE standards. If a small factory has at least one faintly smoking chimney, this document is required for the functioning of the factory. The environmental legislation of the Russian Federation regulates the need to develop such a project.
The maximum allowable emission is reviewed once every 5 years, and the project is strictly valid during this time. Special conditions may dictate an earlier revision of ELVs. For example:
- the ecological situation in the territory has changed;
- the number of emission sources has changed: new ones have appeared or existing ones have been removed;
- the enterprise has changed and the technologies used in it have changed.
If the established standards are not met, the enterprise will have to pay for everything that exceeds the maximum allowable emissions. The development of the MPE project, this complex and responsible task, is always carried out by professionals.
Development of MPE
The fundamental points are as follows:
- All sources included in the object harmful emissions are subject to inventory. Lists of all sources and the pollutants emitted by them are compiled.
- Agreed on the cost and terms of work. An agreement is drawn up regarding the development and approval of MPE.
- The draft MPE is being approved by state authorities.
- Obtaining a permit for the maximum allowable emissions into the atmosphere by the enterprise.
The event is not only difficult, but also very responsible. In case of non-fulfillment or incorrect fulfillment of the development of the MPE volume, the enterprise falls under strict administrative responsibility: it faces high fines and even suspension of work for up to ninety days.
The inventory of emission sources (the first fundamental point) has the following objectives:
- identification and reliable accounting of all sources of environmental pollution in the area of the enterprise;
- establishing the location of sources, volumes and composition of emissions;
- accounting of receipts of harmful (polluting) substances in environment.
- Annotation.
- Introduction.
- Information about this enterprise.
- Characteristics of this enterprise in terms of the source of the atmosphere.
- Making calculations and determining the main standards of MPE.
- List of emission control measures, if unfavorable.
- Establishing control over the implementation of all standards at the enterprise.
Necessary documentation for the development of the MPE project:
- Information is briefly provided on the production, structure and staff of the enterprise, the purpose and characteristics of all objects (both production and commercial divisions, workshops, sections, brigades, departments, offices, structures, buildings, and so on) are described.
- Detailed details of the company. Scheme-map of the enterprise, as well as situational scheme-map of the location.
- Certificate of state registration of a legal entity.
- Evidence of ownership of land, premises, buildings, structures or a lease agreement for all this.
- Expenditure certificate of raw materials and materials for the year.
- List of technological equipment.
- Detailed description of the entire technological process.
- Information about the presence of CCGT (dust and gas cleaning equipment), a copy of the passport for CCGT, its performance, and so on.
- Scheme of the ventilation and air conditioning system with accurate data on the diameters and heights of pipes, brands of fans and their performance, the number of hours of their operation per day, and so on.
- Certificate regarding vehicles on the balance sheet of this enterprise, indicating the number, brand, as well as the places of their parking or storage, their places Maintenance and repair.
- Qualification certificates environmental education responsible for the environment of the enterprise.
- Previous project of emissions of harmful substances (if the enterprise is not newly formed).
Calculation of MPE standards
To calculate the MPE, there are corresponding generally accepted formulas. To understand how MPE standards are set, you need to know the main factors that characterize the dispersion of emissions:
- climate and features of the atmosphere;
- location of sources of polluting emissions;
- landscape and its features;
- physical and chemical characteristics of emissions;
- pipe mouth diameter;
- distance of pipe mouths from the ground.
Regulatory control
Monitoring compliance by this enterprise with all MPE standards is one of the most important sections of the project. This section can be divided into two parts: direct control of pollution sources according to MPE standards and control of the border with a nearby residential area.
The MPE standards are drafted by highly qualified specialists with experience in enterprises of various profiles, who will take into account all established regulations and draw up all sections of the project correctly.
Thus, the control of the adverse impact of activities - economic or otherwise - of individuals and legal entities on the territory adjacent to this enterprise, as well as the atmosphere and water reserves, including groundwater. The maximum allowable emission standards here, of course, are not the same, and the project takes this into account.
Control over compliance with and achievement of the maximum allowable emissions standards developed for the project can also be carried out by the enterprise itself, which has its own production control, but most often it is more reliable to entrust this to the Department of Rosprirodnadzor, which exercises state control.
Project approval
The completed project will have to be approved by Rospotrebnadzor and many other authorities. The stages of this path are as follows:
- mandatory obtaining of an expert opinion on the draft MPE in the relevant state authorities;
- obtaining a sanitary and epidemiological conclusion from Rospotrebnadzor;
- examination and approval by Rosprirodnadzor of the MPE project.
Thus, the standards for maximum permissible emissions of harmful substances into soil, water and air will be observed. Each enterprise is a stationary source of such pollution. The MPE project will work correctly only if all technical standards are taken into account, as well as background pollution, environmental pollution is not exceeded and critical loads are not allowed on the entire ecological system of the given territory.
A tribute to dodan vartist є obov "sharp to pay for whatever business that is engaged in manufacturing,
I will give you services. In this article, we will talk about tax rates, about "acts of taxation, the system of VAT repayment and the importance of filing a tax return.
Concept of MPE
The tribute for dodan vartist is indirect. Vіn pereahovuєtsya to the budget of the state by the seller, but on the way out you will be paid by the seller. MPV vrakhovaniya in cіnі be-any goods і yogo zavzhdi pay for the rest of the purchase.
Warehouses MPE
Understanding the essence of the MPE for the "teapot" will be simpler, as it will be understood in the understanding of the taxable loan that goiter "showing, the difference between them and the actual amount to pay to the treasury of the state:
- A subsidized loan is worth the sum, for which you can change the subsidy of goiters "for this particular period, so that it was already paid off earlier.
- Give a goiter "yazannya - a tax sum for a tax for the winter period. For example, the seller wants to sell the goods with a variety of 10,000 c.u. with a national tax of 15%, then for 11,500 c.u. O.
Documentary registration of rozrahunkiv for goods and services is required for additional tax invoices. Among them, there is one more important document - an invoice-invoice, which is signed by two contributors: one is assigned for the seller, the other - for the purchase. If you buy goods, then register your account invoice in the shopping book, if you sell, then in the sales book.
The MPE check for the "teapot" will be clumsy, so that you save all the tax documentation. Due to the fact, incorrectly executed, or in the process of filing invoices from the seller, you do not have the right to a taxable loan, which means an overpayment of MAP, so there is nothing for you to see from the taxable goiter.
Rozrahunok
The form of VAT for "dummies" is based on the registration of invoices in the book of sales and the book of purchases. The difference between succumbing goiters "for the total sum of the taxable loan for the winter period - ce MPE before payment. If it's important to keep accounting documentation, then just expand the MPE. For "dummies" the wiring can become more collapsible, the record is due to the professional ional, so on їх pіdstavі vіdbuvaіє pіdbukovy razrahunok tats in the end of the stellar period.
The rate of tax on dodanu vartist to deposit in the form of activity, as a result of business, as well as in the form of river penny turnover. It is understandable that the MPE for the production and sale of women's cloths on the territory of the Russian Federation, MPE for that become 18%. Virobnik purchased fabric and accessories for the sum of 20,000 rubles, and also paid VAT 3,600 rubles. Vіn otrimav rahunok-invoice, yaku entered to the book of purchases. 3600 rub. - Tse succumbing credit in this way.
From the output of materials, 10 cloths were spun, as it is planned to be sold at a price of 3500 rubles. leather, tobto zagalna nats_nka for goods in stock 15,000 rubles. The taxation of goiters "is paid in such a rank: (3500 * 10) * 18/100 \u003d 6300 rubles. The formula of the" language before paying the MPE for the "teapot" is simple: for the taxation of goiter "yazannya" a tax credit is given. 6300-3600 \u003d 2700 rubles The recipient is obliged to pay the VAT at the expense of 2700 rubles, so 3600 rubles have already been paid, if you have stuffed fabric and accessories.
Payers of taxes and about "acts of taxation
Individual payments, organizations and individuals who transport goods through the cordon of the state, are payers of taxes on MAP. What is the same for "teapots"? This means that you are sure that you will pay a tax for the additional payment, you can take the next step: it is necessary to signify your status with the tax code of the country, and your business is registered.
About the "acts of filing in the Russian Federation"
Tax rates in the Russian Federation
MPE for "dummies" (2014) - 3 rates: 0%, 10% and 18%, which are determined depending on the type of business activity. A tax on the additional payment of 0% is levied on the sale of the following goods, the services of which work:
- Goiter "yazannya, which are consummated by organizations of naphthoproducts, natural gas.
- Services of international transportation of goods.
- Nadannya zaliznichnogo ruhomy warehouse.
- Realization of goods, yakі vyvezli for mitnoy export procedure.
The latest list of "acts of taxation of deposits" under Article 164 of the Tax Code of the Russian Federation.
- m "yasa, birds, seafood, ribi;
- egg;
- salt, zucru;
- grains, cereals
- pasta virobiv;
- dairy products;
- bakery products;
- vegetables;
- child and diabetic eating.
10% is charged upon the sale of such child products:
- the clothes are out of the way;
- bed and mattresses;
- diapers;
- strollers;
- office supplies.
Book products of an illuminating nature, based on science and culture, as well as periodic publications, are subject to MPE of 10%. I also enter up to the number of goods, yakі are subject to MPE at a rozmіrі 10%.
In all other cases, the tax rate is 18%. If it is a language about goods that are imported into the territory of the Russian Federation, then the stench is subject to a tax on dodan vartіst u rozmіrі 10% or 18%.
Tax rates in Ukraine
VAT rates in Ukraine today are: 0%, 7% and 20%. MPE rate 0% zastosovuetsya in the onset of the fall:
- operation of transportation of goods from the territory of Ukraine under the temporary regime of export;
- supply of goods for refueling sea vessels in the territorial waters of other powers, as well as ships of the Ukrainian Navy;
- supply of goods for refueling, or pick up the next ships, which will convoy international flights, or enter the warehouse of the UPU of Ukraine;
- international transportation of passengers, baggage and interests by various types of transport.
The latest list of taxable goods with a rate of 0% of deposits under Art. 195 of the PC of Ukraine. rescheduled operations, yakі not є about "ktami podatkuvannya. MPE for "teapots" in 2013 and 2014 did not affect serious legislative changes. In 2015, it is possible to reduce the main rate to 17%.
Payment of a tribute and zvіtnіst
Registration of accounting invoices is the basis for the VAT registration before payment. A tax credit and a tax on goiters "are charged only for the presence of these documents. It is important that the bills-invoices were correctly drawn up, otherwise they won't last. In Russia, MPE is paid to the budget after the end of the summer period - a quarter, in Ukraine їні - shomіsyatsya. є 20 days for the execution of documents that confirm the MPE.
Vіdshkoduvannya tribute
If the taxation of goiters "is less, lower the taxable loan, then the payer of the taxpayer declares to the tax authority the amount before the withdrawal, as it is charged during the cameral review. duvannya Koshtiv. the payer of taxes must be paid to the letter of sight.
If in the course of the cameral review there are damages, then an act is drawn up, which is corrected for review by the taxpayer. Vіn аbo yogo intercessor is to blame the decision about the presence of taxable rightful violation and the attraction of the taxpayer of taxes to the vidpovidnoї vydpovidalnostі. Varto means that the amount declared before the return may be included in the payment of arrears, fees and fines on federal taxes.
Rules for filing a declaration of MPE in the Russian Federation and in Ukraine
At the end of the solar period, by skin admission, we register in the tax inspection, a declaration of MPE is issued. For "teapots" it is significant: in Russia, a quarter is considered a winter period, and in Ukraine - a month. The quarterly period for the victory is only in that period, as the obligatory filing of operations for the remaining 12 months does not exceed the amount of 300,000 hryvnia. Twenty days after the remaining day of the tax period, the declaration must be submitted to the competent authorities. The payment of airfare in Ukraine may be carried out for thirty days after the end of the solar period, and in Russia - for twenty days.
The filing of a tax return in Ukraine can be made by a special payer of taxes, transmitted electronically or sent as a final sheet of obov "language notices. In Russia, from 01.01.2014 іu from the MPE can be submitted only in electronic form via telecommunication channels. You can select the operator of electronic document processing on the regional websites of the Federal Tax Service. Behind him it is necessary to put an agreement, take away the money for the crypto-protectionist and make a qualified electronic signature, which will be victorious for the verification of invoices and declarations.
Completion of the declaration of the MAP may be subject to the validity of the form established on the date of submission.
Export MPE
The companies of the Russian Federation, if they pass their products over the cordon, they can pay money from the state - ce 0% MPE rate, so the final amount of the tax for any product must be paid by the final buyer (in this case - foreign spozhivach, but also to the treasury of your own state). Export MPE for "teapots": a company that gives goods or services for cordon, can pay MPE, pay earlier, with arrears for syrovina, work, work, so as often I transfer MPE, records from the book of sales.
For which company-exporter is guilty of confirming the legality of accepting a zero rate of VAT, the fact of an export operation and the grounding of the tax sum. Before the tax inspection it is necessary to submit the following documents:
- declaration of MPE;
- invoices and copies of invoices;
- contract with a foreign partner;
- mitnu declacіyu, scho pіdtverdzhuє vіdpravku goods abroad;
- kopії dokumentіv, scho pіdverdzhuyut otrimannya goods in іnshіy kraїnі;
- an application for the release of VAT.
After that, the taxable authority shall conduct a cameral review and take a decision on the possibility of returning the declared amount. As if there are inaccuracies in my documents, or pardons, I threaten not only the necessary amount of money, but also a fine. For the return of penny koshtіv important dotrimuvatisya terms and rules of submission of documents, as well as timely respond to requests for tax inspection, as it will be necessary additional information about the activity of the company.
MPE for the state
MPE is a tribute, which is to pay leather. The seller always includes yoga in the price of the product sold, so that you can turn your money around, if you have already exceeded the budget. In this rank, MPE - tse znachnі that postіyni nadhodzhennya in the treasury of the state. The zero rate of VAT for exporting companies will increase the development of foreign economic currencies, but it will stimulate the flow of foreign currency into the budget and stabilize the balance of payments of the country.
The system of forming and paying MPE is simple, more information about the procedure can be read in the Tax Code. Everything is written in the article about the MPE, for the "teapots" there is enough information to understand the essence of the tax paid, as well as the rules of the yogo rozrahunka, vodrakhuvan at the treasury and molding the vіdpovіdnoї dokumentatsії.
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Enterprises that have sources of emissions of pollutants into the atmosphere are required to conduct an inventory of emissions and develop a draft MPE. MPE is the maximum allowable emission, that is, the amount of emissions that does not exceed the hygienic and environmental standards for atmospheric air quality. The MPE draft includes such sections as "General information about the enterprise", "Characteristics of the enterprise as a source of air pollution", "Parameters of emissions of pollutants into the atmosphere", "Calculation of air pollution and proposals for standards for maximum allowable emissions", "Measures to regulate emissions during unfavorable meteorological conditions”, “Control over compliance with standards at the enterprise”. Previously, the period of validity of MPE standards corresponded to the period of validity of project documentation and was 5 years. (according to clause 12 of the Administrative Regulations of the Federal Service for Supervision of Natural Resources for the provision of a public service for setting maximum allowable emissions and temporarily agreed emissions, approved by Order of the Ministry of Natural Resources of the Russian Federation of September 29, 2015 N 414 and clause 1.7 of the Instructions for the inventory of pollutant emissions into the atmosphere, 1991)
Companies that do not hurry to get permission to emit harmful substances into the air face fines. For officials, the fine is from 40 to 50 thousand rubles, for individual entrepreneurs - from 30 to 50 thousand rubles or suspension of activities for up to 90 days, for legal entities - from 180 to 250 thousand rubles or suspension of activities for up to 90 days.
Rationing in the field of environmental protection is carried out in order to state regulation the impact of economic and other activities on the environment, guaranteeing the preservation of a favorable environment and ensuring environmental safety.
According to paragraph 2 of Art. 19 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” (as amended on June 25, 2012), regulation in the field of environmental protection consists in establishing environmental quality standards, standards for permissible environmental impact in the course of economic and other activities, other standards in the field of environmental protection, as well as normative documents in the field of environmental protection.
One of the types of allowable impact standards established for users of natural resources are emission limits(PDV).
In accordance with paragraph 1 of Art. 14 of the Federal Law of 04.05.1999 No. 96-FZ “On the Protection of Atmospheric Air” (as amended on 25.06.2012; hereinafter referred to as Federal Law No. 96-FZ) release of harmful (polluting) substances into the atmospheric air (hereinafter referred to as emission) by stationary source is allowed on the basis of a permit issued by the territorial body of the federal executive body in the field of environmental protection, executive bodies of the subjects Russian Federation implementing public administration in the field of environmental protection, in the manner determined by the Government of the Russian Federation.
It should be taken into account that the approval of MPE standards and the issuance of emission permits are two different administrative procedures that require time.
According to paragraph 10 of the Administrative Regulations of the Federal Service for Supervision of Natural Resources for the provision of public services for issuing permits for emissions of harmful (polluting) substances into the air (with the exception of radioactive substances), approved by the Order of the Ministry of Natural Resources of Russia dated July 25, 2011 No. 650 (hereinafter referred to as the Administrative Regulations), in order to obtain a permit for emissions in the territorial body of Rosprirodnadzor, the application must be accompanied by, among other things, approved in in due course and the current standards of MPE and temporarily agreed emissions (TSV) for each specific stationary source of emissions and the economic entity as a whole (including its individual production areas) or for individual production areas.
Thus, it can be concluded that if an enterprise has stationary (organized and unorganized) sources of emissions, it is obliged to obtain an emission permit. And an enterprise can obtain this permit only on the basis of approved MPE standards.
The obligations of legal entities with stationary sources of emissions are listed in Art. 30 of Federal Law No. 96-FZ. One of these responsibilities is to ensure that the inventory of emissions and the development of ELVs.
MPE are established by the territorial bodies of the federal executive body in the field of environmental protection for a specific stationary source of emissions and their totality (organization as a whole).
According to paragraph 4 of Art. 12 of Federal Law No. 96-FZ, in the event that it is impossible for legal entities, individual entrepreneurs with emission sources to comply with MPE, the territorial bodies of the federal executive body in the field of environmental protection may establish for such sources of VSM in agreement with the territorial bodies of other federal executive bodies.
Our dictionary. Emission limit(MPE) is the maximum allowable emission standard, which is set for a stationary source of atmospheric air pollution, taking into account the technical standards for emissions and background air pollution, provided that this source does not exceed hygienic and environmental standards for atmospheric air quality, maximum permissible (critical) loads on environmental systems, other environmental regulations.
Temporarily agreed release(TSV) is a temporary emission limit, which is set for existing stationary sources of emissions, taking into account the quality of the atmospheric air and the socio-economic conditions for the development of the relevant territory in order to gradually achieve the established maximum allowable emission.
Therefore, in order to find out whether the company is obliged to fulfill the obligations established by Art. 30 of Federal Law No. 96-FZ, it is necessary to determine whether the enterprise has emission sources that are stationary facilities negative impact.
Clauses 3 and 4 of the Procedure for maintaining state records of objects that have a negative impact on the environment by the territorial bodies of the Federal Service for Environmental, Technological and Nuclear Supervision (Appendix to the Order of Rostekhnadzor dated November 24, 2005 No. 867) give the following definitions of stationary and mobile objects of negative impact:
- stationary object of negative impact- an object from which the emission (discharge) of pollutants into the environment is carried out, firmly connected with the ground, i.e. an object, the movement of which is impossible without disproportionate damage to its purpose, an object for the placement of production and consumption waste, as well as an explosion;
- mobile objects of negative impact- vehicles, aircraft, sea vessels, inland navigation vessels equipped with engines running on gasoline, diesel fuel, kerosene, liquefied (compressed) petroleum or natural gas.
To date, state accounting of legal entities and individual entrepreneurs with sources of emissions, and the amount and composition of emissions (hereinafter referred to as state accounting) is carried out by Rosprirodnadzor in accordance with the Procedure for State Registration of Legal Entities, Individual Entrepreneurs with Sources of Emissions of Harmful (Polluting) Substances into the Atmospheric air, as well as the amount and composition of emissions of harmful (polluting) substances into the atmospheric air, approved by the Order of the Ministry of Natural Resources of Russia dated October 26, 2011 No. 863 (hereinafter referred to as the Accounting Procedure). It should be noted that there are no definitions of mobile and stationary sources of emissions in the Accounting Procedure.
At the same time, in sub. "b" of clause 7 of the Accounting Procedure lists information (data) on emission sources that must be indicated when registering with the state. So, when submitting information about a mobile source of emissions, you must specify:
- type of mobile emission source (air transport, water transport, railway transport, automobile transport);
- registration number of the mobile source;
- environmental class of the vehicle;
- type and consumption of fuel (by type) by a mobile source (air transport, water transport, rail transport, road transport).
Thus, the main criterion for determining a mobile object today is work on a certain type of fuel, and the calculation of the fee for emissions of mobile objects is based on the volume of fuel used. Mobile emission sources include various vehicles. Mobile installations used on the territory of the enterprise are mainly classified as stationary sources of emissions.
After determining the presence of operated stationary sources of emissions on the territory of the enterprise, it is necessary to find out whether these sources are subject to state accounting and regulation.
Order No. 579 of the Russian Ministry of Natural Resources dated December 31, 2010 approved the Procedure for Establishing Sources of Emissions of Harmful (Polluting) Substances into the Atmospheric Air Subject to State Accounting and Standardization (hereinafter referred to as the Procedure) and the List of Harmful (Polluting) Substances Subject to State Accounting and Standardization (hereinafter referred to as the List ).
TO sources of emissions subject to state accounting and regulation, include sources of emissions from which harmful (polluting) substances are emitted into the air, subject to state accounting and regulation. In turn, harmful (polluting) substances specified in the List, as well as harmful (polluting) substances not included in the List, that meet one of the following criteria are subject to state registration and regulation:
- the emission hazard indicator, established in accordance with Appendix 1 to the Procedure, is greater than or equal to 0.1;
- surface concentrations of emissions exceed 5% of the hygienic (environmental) air quality standard.
So, if emissions from stationary sources of an enterprise contain substances specified in the List or corresponding to one of the above criteria, i.e. subject to state accounting and rationing, then in this case it is necessary to develop a draft MPE, approve the MPE (MPE) standards and obtain an emission permit.
Within the framework of this article, the issue of developing a draft MPE will not be considered. No less interesting is the question of the actions of the enterprise after the development of this project.
After the draft MPE has been developed, it must be agreed upon, the standards for MPE (MPE) should be established, and an emission permit should be obtained. The enterprise should have an idea of how long the approvals may take and on the basis of which the enterprise may be refused.
To date, regulations the procedure for establishing MPE standards is not regulated. Thus, the deadline for approval and the grounds for refusing to approve the draft MPE are also not established.
In accordance with paragraph 6 of the Regulations on the standards for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it, approved by Decree of the Government of the Russian Federation of March 2, 2000 No. 183 (as amended on September 4, 2012), the maximum allowable emissions for a particular a stationary source of emissions of harmful (polluting) substances into the atmospheric air and a legal entity as a whole or its individual production areas, taking into account all sources of emissions of harmful (polluting) substances into the atmospheric air of a given legal entity or its individual production areas, background air pollution and technical standards emissions are established by the territorial bodies of Rosprirodnadzor (with the exception of radioactive substances) in the presence of a sanitary and epidemiological conclusion on the compliance of these maximum permissible emissions with sanitary rules.
According to paragraph 6 of the Procedure for organizing and conducting sanitary and epidemiological examinations, examinations, studies, tests and toxicological, hygienic and other types of assessments, approved by Order of Rospotrebnadzor dated 07/19/2007 No. 224 (as amended on 08/12/2010), term for sanitary and epidemiological examinations at the request of a citizen, individual entrepreneur, legal entity is determined depending on the type and scope of research of a particular type of product, type of activity, work, services and cannot exceed two months.
Further, on the basis of an expert opinion, the territorial body of Rospotrebnadzor issues a sanitary and epidemiological conclusion. The term for issuing a sanitary-epidemiological conclusion is also not regulated. Therefore, according to the Model Regulations internal organization federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 No. 452 (as amended on December 27, 2012), the period for issuing a sanitary and epidemiological conclusion is 30 days.
MPE and VVS standards are established by the territorial bodies of Rosprirodnadzor (with the exception of radioactive substances) for a specific stationary source of emissions and their combination (organization as a whole).
According to clause 8.13 of the Regulations of the Federal Service for Supervision of Natural Resources, approved by the Order of Rosprirodnadzor dated June 29, 2007 No. 191 (as amended on October 15, 2009), the response to the applicant is sent by the head (deputy head) of the territorial body of Rosprirodnadzor within 30 days from the date of registration appeals to Rosprirodnadzor, unless a different period is specified in the order. If necessary, the term for consideration of the application can be extended by the head of the territorial body of Rosprirodnadzor, but not more than 30 days, while informing the applicant and indicating the reasons for the extension.
Thus, according to the general procedure for handling issues related to the activities of Rosprirodnadzor, the deadline for approval of MPE standards is 30 days(may be extended by the head of Rosprirodnadzor for 30 days).
On a note. The draft MPE is being developed in accordance with the Methodology for calculating the concentrations in the atmospheric air of harmful substances contained in the emissions of enterprises (OND-86) (approved by the USSR State Hydrometeorological Committee on 04.08.1986 No. 192), GOST 17.2.3.02-78 “Nature Protection. Atmosphere. Rules for Establishing Permissible Emissions of Harmful Substances by Industrial Enterprises”, Recommendations on the Design and Content of Draft Standards for Maximum Permissible Emissions into the Atmosphere (MAE) for an Enterprise (approved by the USSR State Committee for Hydrometeorology on August 28, 1987) and other legal and methodological documents.
Since the legislation does not establish grounds for refusing to approve a draft MPE, it means that if the draft MPE is completed in accordance with the requirements of the documents listed above and has received a sanitary and epidemiological conclusion, then the refusal to establish MPE is unlawful.
After receiving a sanitary and epidemiological conclusion on the draft MPE, approval of the MPE (MPE) standards, the enterprise applies to the territorial body of Rosprirodnadzor or the executive authority of the constituent entity of the Russian Federation to obtain an emission permit.
In accordance with the Administrative Regulations, the territorial body of Rosprirodnadzor makes a decision to issue or refuse to issue an emission permit within a period not exceeding 30 working days.
The basis for refusal to issue permits for emissions is the presence in the applicant's materials of distorted information or inaccurate information. No other grounds for refusal to issue emission permits have been established.
In conclusion, I answer the question that nature users ask most often: “And what threatens us if we do not develop a draft MPE and do not receive an emission permit?” In the absence of permits, emissions may be limited, suspended or terminated in accordance with the procedure established by the legislation of the Russian Federation. Moreover, according to Art. 31 of Federal Law No. 96-FZ, persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation.
So, according to Art. 8.21 of the Code of Administrative Offenses of the Russian Federation emission of harmful substances into the atmospheric air or harmful physical impact on it without special permission entails imposition of an administrative fine:
- for citizens - from 2000 to 2500 rubles;
- for officials - from 4,000 to 5,000 rubles;
- on persons carrying out entrepreneurial activity without forming a legal entity - from 4000 to 5000 rubles. or administrative suspension of activities for up to 90 days;
- for legal entities - from 40,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.
E.N. Kolchina, ecologist-expert of Bravo Soft Group of Companies
The active development of industry over the past decades has led to the emergence of new tasks for representatives of the services for monitoring the environmental situation in the country. Most chemical plants and enterprises annually dump tons of industrial waste that poisons the environment. Often, the volumes significantly exceed the requirements of MPE in ecology.
The concept of MPE for ecology
Maximum allowable emissions - a certain level for various types of by-products of production, compliance with which is not capable of causing significant harm to the environment. Uncontrolled discharge of waste into rivers and combustion products into the air can significantly undermine the balance of ecosystems, lead to negative climate consequences and harm human health.
All countries with a developed chemical industry determine their ELV requirements for all types of emissions in accordance with environmental requirements.
MPE indicators depend not only on the type of waste, but also on the location of the enterprise, the surrounding infrastructure and the existing environmental situation. Therefore, for all sites, individual development of technical documentation for controlling the degree of environmental pollution and ecology is required.
Each region also determines its own MPE norms. Territorial executive authorities are responsible for the creation of legally binding projects. In all cases, the documents contain information about the allowable one-time and daily waste discharge rates, environmental toxicity levels.
In the standard MPE emission standard, values are calculated for more than 600 types of various elements. Based on it, regional documents are created.
In addition to permissible substances, the regulation contains a list of substances that are strictly prohibited for release.
It currently includes 38 items. It is necessary to periodically check with the standard norms, since certain changes are made to them from time to time.
Development of the MPE project
All owners of legally registered sources of discharge of substances harmful to the environment are required to take the necessary steps to create their own documents and comply with the calculated ELVs.
The result of the development is an approved order with attached indicators and a permit for waste disposal. Without a standard, it is prohibited to release pollutants and is criminally punishable; if the established values are not observed, administrative measures are provided.
Provided there are no changes in production technologies, the standards are valid for 5 years or 1 year, depending on the environmental situation of the area. IN major cities most often, an annual update of the documentation is required. The definition of norms is carried out on the basis of federal regulations and laws of the government of the Russian Federation.
Required documents
To create a MPE standard, a number of some documents will be required:
- a certificate containing information on the scope of production, the number of employees, the structure of the enterprise;
- production details;
- certificate of state registration and TIN number;
- contracts for the supply of heat (with central heating) or a certificate of another method, for the supply of electricity and water;
- situational map-scheme 1:2000;
- certificate of land ownership or agreement with the landlord;
- information on the reception of water discharges and waste disposal;
- description of installations and scheme of the production process;
- used raw materials, Chemical properties and consumption rates;
- passports for devices for cleaning and air conditioning;
- certificate of available transport;
- the previous copy of the order and permission (if previously issued).
After completing all the work, the customer is issued a number of documents:
- conclusion on the results of the analysis of polluting emissions;
- examination protocol of the Hygiene Center;
- conclusion of the SES of RosPotrebNadzor;
- protocol with MPE norms;
- reset permission.
Measurement and determination of MPE
The measurement of maximum allowable emissions for all individual enterprises is carried out so that they do not lead to the creation of surface indicators above the standard MPE for residents and the environment. And also, the calculation takes into account the total set of production capacities, the amount of harmful emissions and the prospective development of industry in a particular area.
Depending on the season, MPE norms may additionally change, which is especially important for boiler houses, when the consumption of heat and electricity is the highest. MPE are determined for all pipes individually and for production as a whole.
To calculate the maximum allowable emissions, special formulas have been developed that take into account many factors, including:
- pipe dimensions;
- the speed of movement of gases;
- the volume of emissions over a period of time;
- indicator of the combustion height under the pipe;
- landscape indicator (for plains = 1);
- the velocity number of the fall of a particular substance;
- temperature difference between discharges and ambient air;
- climate coefficient (depends on the type of climate).
Taking into account the above parameters, additional MPE emissions are determined that can lead to exceeding the MPC under adverse weather conditions.
Deadlines for calculating MPE
The entire period of work from measurement to approval of a permit for waste disposal takes from 6 to 9 months. The process follows certain rules.
Studying the source
At the first stage, measurements and spectral analysis of emitted gases are made, after which a conclusion is issued on the actual composition of emissions. Additionally, they receive the conclusion of the Central UGMS on the regional type of climate, the state of the environment and the accumulated concentrations of harmful substances in the area of the enterprise and production areas.
During this period, specialists calculate all the required indicators of maximum permissible emissions, taking into account previously received technical information. Then the project is submitted for approval and approved with the owner of the enterprise. The work takes a period of 20 working days and depends on the number of sources, the amount of emissions, toxicity, ecology and other additional factors. Some owners take inventory of emissions themselves and then submit the results of the analysis to further work. It's cheaper but takes longer.
Coordination
At the third stage, the project documentation is subject to review at the Center for Hygiene and Ecology immediately after payment of the invoice. The standard turnaround time is 60 business days. Then check Rospotrebnadzor within 2 weeks - 1 month. And in conclusion, the examination of Rosprirodnadzor for signing an order approving the project.
Development of waste reduction techniques
At this stage, ways to optimize production processes are considered, using which the harmful impact on the environment under adverse weather conditions can be reduced. Then the project is submitted for approval to the Department of Natural Resources. The term of consideration is from 1 month.
Issuance of a permit
On last step the finished documentation is submitted to the Department of Rosprirodnadzor for signing and issuing a permit for waste disposal.
The cost of the order is from 80,000 rubles for 1 production site. The price largely depends on the area, number of pipes and other sources of discharge of harmful substances. However, the obtained permission will save the customer from possible troubles with the law and criminal sanctions.