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LAW OF THE REPUBLIC OF MOLDOVA

of April 14, 2022 No. 98

About quality of atmospheric air

The Parliament adopts this organic law.

This law partially shifts the Directive 2008/50/EU of the European Parliament and Council of May 21, 2008 about quality of atmospheric air and measures of its cleaning in Europe (The official magazine of the European Union L 152 of June 11, 2008) and the Directive 2004/107/EU of the European Parliament and Council of December 15, 2004 about content of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in atmospheric air (The official magazine of the European Union L 23 of January 26, 2005), with the last changes made by the Directive (EU) 2015/1480 Commissions of August 28, 2015.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is creation of the legal base for strengthening of institutional potential of monitoring and quality evaluation of atmospheric air for determination and application of effective measures for emission reduction of pollutants of air to the levels minimizing in general harmful effects on health of the person and the environment.

Article 2. Subject and scope

(1) This law regulates measures at the national level in the relation:

a) monitoring and quality evaluation of atmospheric air in all territory of the country on the basis of the common methods and criteria established according to requirements of standards of the European Union and international treaties, one of the parties of which is the Republic of Moldova;

b) receipts of information on quality of atmospheric air for assistance to pollution abatement of air and with the negative effects caused by it, and also for long-term monitoring of tendencies and improvements in result of the measures taken at the national and regional level;

c) provisions of the public of information on quality of atmospheric air;

d) maintenance of quality of air where it conforms to the quality standards of atmospheric air established in appendix 2, and its improvements in other cases;

e) ensuring cooperation with neighboring states for the purpose of reducing pollution of atmospheric air;

f) ensuring accomplishment of the obligations undertaken within international treaties, one of the parties of which is the Republic of Moldova.

(2) This law sets standard rates, the modes of assessment and control modes quality of atmospheric air, criteria of division of the territory of the Republic of Moldova into zones and agglomerations, and also measures for protection for maintenance of quality of atmospheric air according to standards of the European Union.

(3) Provisions of this law are not applied to the quality of internal air and air on workplaces regulated by sanitary regulations about quality of internal air and regulations in the field of health protection and work place safety.

(4) Permission to emissions and control of emissions in atmospheric air are regulated by other regulations.

Article 3. Basic concepts

For the purpose of this law the used concepts mean the following:

atmospheric air - mix of the gases constituting the lower layer of the atmosphere of the earth (for the purpose of this law - the troposphere);

agglomeration - the urban area with the population equal or exceeding 250000 inhabitants, and density of population on km 2, assessment confirming need and quality managements of atmospheric air;

the volatile organic compounds (VOC) - organic compounds from anthropogenous and biogenic sources, except methane, capable to form photochemical oxidizers in reactions with nitrogen oxides in case of sunlight;

receipts from natural sources - emissions of pollutants of air which direct or indirect reason not activities of the person, and such natural phenomena as seismic activity, the fires on not cultivated lands, hurricanes, secondary dust content or transfer in the atmosphere of natural particles from droughty regions are;

general or cumulative sedimentation - total quantity of the pollutants postponed from the atmosphere for such surfaces as the soil, vegetation, water, buildings etc. in certain territory for certain period;

emissions from diffusion sources of pollution - the emissions getting to atmospheric air from sources of uncontrollable emissions of pollutants of air, such as sources of unorganized emissions, natural sources of emissions and other specifically not certain sources;

polycyclic aromatic hydrocarbons - the organic compounds which are completely formed of carbon and hydrogen, consisting at least of two condensed aromatic rings;

the national survey cadastre of emissions of pollutants of air - the instrument of monitoring of emissions of the pollutants of air estimated at the national level;

admissible error - value limiting percent on which this value according to provisions of this law can be exceeded;

permanent measurements - the measurements taken in the fixed points it is continuous or by random sampling of tests, for determination of levels of concentration of pollutants of air according to relevant requirements to quality of data;

indicative measurements - the measurements meeting quality requirements of data, with use of alternative methods, supplementing information obtained as a result of permanent measurements;

the total amount of gaseous mercury - vapors of elemental mercury and gaseous radicals of mercury having rather high pressure of vapors for existence in gaseous phase;

modeling - use of mathematical representations of physical and chemical processes in the atmosphere for the purpose of quantitative assessment of dispersion and influence of pollutants of air;

level - concentration of pollutant of air or its sedimentation on surface for this period of time;

critical level - the level established on the basis of scientific knowledge which exceeding can make direct adverse effect on certain recipients, such as trees, plants or natural ecosystems, but not on people;

long-term goal (DSTs) - the level which shall be reached in the long term, except as specified its impracticability by proportional measures, for the purpose of ensuring effective health protection of the person and the environment;

the operator - any physical person or legal entity operating installations and/or managing the activities making impact on quality of atmospheric air;

nitrogen oxides - the amount of volume concentration (ppbv) of monoxide of nitrogen (nitrogen oxide) and nitrogen dioxide expressed in terms of mass concentration of nitrogen dioxide (mkg/m 3);

plans for quality of air - the plans establishing measures for limiting achievement of values or target indicators;

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