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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 31, 2021 No. 828

About approval of Rules of issue of permissions to temporary emissions

According to Item 6 of article 23.1 of the Federal law "About Environmental Protection" Government of the Russian Federation decides:

1. Approve the enclosed Rules of issue of permissions to temporary emissions.

2. This resolution becomes effective since September 1, 2021 and 6 years are effective.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of May 31, 2021 No. 828

Rules of issue of permissions to temporary emissions

1. These rules determine procedure for issue of permissions to temporary emissions.

2. Permission to temporary emissions establishes temporarily permitted emissions for the objects making negative impact on the environment (further - object), carried in accordance with the legislation of the Russian Federation in the field of environmental protection to category objects II on the level of such impact (further - categories), which are not getting complex ecological permission and to category objects III.

3. Temporarily permitted emissions for the objects II of category which are not getting complex ecological permission, and objects III of category are established in case of impossibility of observance of norms of the admissible emissions determined for the operating stationary source and (or) set of the operating stationary sources located on the specified objects for accomplishment of the Federal law "About Environmental Protection" of the actions plan drafted according to Article 67.1 on environmental protection (further - the actions plan on environmental protection) according to the schedule of achievement of the established standard rates of admissible emissions.

4. Permission to temporary emissions is issued by territorial authorities of Federal Nature Management Supervision Service in the location of object (further - territorial authority in the field of environmental management) in the presence of the actions plan on environmental protection.

If object is located within the territories of 2 and more subjects of the Russian Federation, the legal entities, individual entrepreneurs performing economic and (or) other activity on objects for which according to Item 3 of these rules temporarily permitted emissions are established (further - legal entities, individual entrepreneurs) send the request and materials for receipt of permission to one of territorial authorities in the field of environmental management in the location of object at discretion.

5. The actions plan on environmental protection contains the schedule of achievement of standard rates of admissible emissions.

The term of implementation of the actions plan on environmental protection cannot exceed 7 years and is not subject to prolongation.

6. Permission to temporary emissions is issued for 1 year.

The validity of permission to temporary emissions is annually extended by territorial authority in the field of environmental management for 1 year during implementation of the actions plan on environmental protection on condition of accomplishment by the legal entity, individual entrepreneur of actions for accounting year and achievements of indicators of reduction of emissions of the pollutants in atmospheric air provided by the actions plan in the field of environmental protection.

7. For receipt of permission to temporary emissions the legal entity, the individual entrepreneur who are applicants send to territorial authority in the field of environmental management the request containing the information about the applicant with appendix of the report on results of inventory count of sources of emissions and emissions of pollutants in atmospheric air, standard rates of admissible emissions (with materials of calculation of such standard rates and data on the received sanitary and epidemiologic decision about compliance of the specified standard rates to health regulations), values of temporarily permitted emissions and the actions plan on environmental protection including actions and terms of step-by-step achievement of standard rates of admissible emissions (further - the request for receipt of permission).

8. The requests for receipt of permission of the information about the applicant included in structure shall contain the following information:

a) the complete and reduced names according to constituent documents, form of business, the place of state registration, the location, phone, the e-mail address (in the presence), the primary state registration number, individual taxpayer number - for the legal entity, surname, name, middle name (in the presence), the residence, phone, the e-mail address (in the presence), details of the main identity document, the primary state registration number of the individual entrepreneur, individual taxpayer number - for the individual entrepreneur;

b) location of object and its separate production territories.

9. The application for receipt of permission is submitted directly to territorial authority in the field of environmental management or goes on paper and in electronic form the mailing with the inventory of investment and the assurance of receipt or goes in the form of the electronic document signed by the strengthened qualified digital signature with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

The applicant provides compliance to information provided in electronic form, information provided on paper.

10. The territorial authority in the field of environmental management considers the submitted request for receipt of permission and makes the decision on issue of permission to temporary emissions or on refusal in issue of such permission (with motivated reasons).

Aggregate term of consideration by territorial authority in the field of environmental management of the request for receipt of permission cannot exceed 75 working days from the date of their receipt.

11. In case of detection of shortage or incompleteness of the documents submitted as a part of materials on receipt of permission, and also availability of technical mistakes consideration of the request for receipt of permission can be suspended for 30 working days about what the legal entity, the individual entrepreneur are notified with indication of the reasons of suspension and the notification on documents which need to be provided, and (or) about mistakes which need to be eliminated.

At the same time aggregate term of consideration of the request for receipt of permission is prolonged for the term of the specified suspension.

Non-presentation or non-presentation of missing documents is at the scheduled time the basis for refusal in issue of permission to temporary emissions.

12. The bases for refusal in issue of permission to temporary emissions are:

a) availability of the data on unauthenticity of the provided data of inventory count of sources of emissions and emissions of pollutants in atmospheric air, including on quantitative and high-quality structure of emissions, and also on quantity and characteristics of sources of emissions confirmed with results of the state supervision in the field of protection of atmospheric air;

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