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LAW OF THE REPUBLIC OF MOLDOVA

of September 30, 2022 No. 227

About industrial emissions

The Parliament adopts this organic law.

This law partially shifts the Directive 2010/75/EU of the European Parliament and Council of November 24, 2010 about industrial emissions (about complex prevention of pollution and control over it) (new edition) (action of the Directive extends to EEP) published in the Official magazine of the European Union by L 334 of December 17, 2010 and also shifts the Directive (EU) 2015/2193 European Parliament and Council of November 25, 2015 about emission limitation of the certain substances contaminating air from average installations on burning (action of the Directive extends to EEP) published in the Official magazine of the European Union by L 313 of November 28, 2015.

Chapter I General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is creation of the regulatory base about prevention of the pollution caused by types of industrial and economic activity for the purpose of reducing as emissions in air, water, soil, and formations of waste, and also about nature protection control, promotion and application of the best available methods for achievement of high level of environmental protection.

(2) the Subject of this law are the procedures and rules applied in the course of prevention of air pollution, water and the soil, formation of waste, prevention or reducing negative impact on the environment and health of the person as a result of implementation of industrial and economic activity.

Article 2. Scope of application

(1) Provisions of this law are applied:

a) to the types of industrial and economic activity representing significant risk for the environment and provided by the list of types of activity from appendix 1;

b) to the types of industrial and economic activity representing low risk for the environment and provided by the list of types of activity from appendix 2;

c) to the types of industrial and economic activity representing insignificant risk for the environment, provided by appendix 3;

d) to large installations on burning according to Articles 35-40;

e) to average installations on burning according to Articles 41-45;

f) to installations on burning or on joint burning of waste according to Articles 46-48;

g) to the installations using organic solvents according to Articles 49-52;

h) to the installations making titanium dioxide according to Articles 53-55.

(2) On implementation of the types of industrial and economic activity provided by Items a) and b) parts (1), nature protection permission shall be issued.

(3) Vida of industrial and economic activity with insignificant risk for the environment, provided by appendix 3, are performed based on general obligatory rules of environmental protection.

(4) Provisions of this law are not applied to activities for researches and developments or testing of new products and processes.

Article 3. Basic concepts

For the purposes of this law the following concepts are used:

complex nature protection permission - the allowing document issued by the Agency of the environment, granting the right to exploitation of all or parts of installation and/or to implementation of one of the types of industrial and economic activity provided by appendix 1;

nature protection permission - the allowing document issued by the Agency of the environment, granting the right to implementation of one of the types of industrial and economic activity provided by appendix 2;

biomass means any of the following:

a) the products of plant origin received during agricultural or forestry and landscape activities which can be used in fuel quality for the purpose of recuperation of their energy content;

b) vegetable waste of agricultural industry and forestry and landscape activities; vegetable waste of the food industry if the made heat energy is used; fibrous vegetable waste from production of primary cellulose, and also from production of paper from cellulose if they are jointly burned on site productions, and the made heat energy is used; pith waste; wood waste, except for wood waste which may contain galogenorganichesky connections or heavy metals as a result of processing by preservatives or coverings and which include, in particular, the wood waste received during construction and demolition;

rated power - the amount of capacity of burning of furnaces which equip installation on burning of waste or on joint burning of waste, specified by the builder and confirmed with the operator, taking into account heat of combustion of waste, expressed in number of the waste burned in hour;

the best available methods (further - to THEM) - the most effective and advanced stage registered in development of types of activity and methods of their maintaining testimonial of practical possibility of use of certain methods as base for limiting establishment of values of emissions and other conditions of issue of the permissions directed to prevention or if it is impracticable to decrease in emissions and impact on the environment in general:

a) methods - include as the used technology, and methods of designing, construction, servicing, operation and conclusion from operation;

b) the available methods - the methods which reached the level allowing to apply them in the industrial sector on condition of economic and technical justification taking into account costs and benefits regardless of whether are developed or are used these methods within the country in case of their availability to the operator on acceptable conditions;

c) the best methods - the most effective methods of achievement of high level of environmental protection in general;

ink - mix, including all organic solvents or mixes containing the organic solvents necessary for their corresponding application, used in printing activities for seal of texts or images on surface;

petrofactory fuel - any solid, liquid or gaseous combustible substance formed at stages of distillation and transformation in case of purification of crude oil including oil refining gas and synthesis gas, petroleum oils and oil coke;

organic compound - the connection containing at least carbon and one or more of the following elements: hydrogen, halogen, oxygen, sulfur, phosphorus, silicon or nitrogen, except for carbon oxides, inorganic carbonates and bicarbonates;

the volatile organic compound - organic compound, and also fraction of creosote, with pressure of vapors is at least 0,01 of kPa at temperature of 293,15 K or with the corresponding volatility under special conditions of use;

the conclusions on THEM - the document containing parts of the reference document on THEM in which the conclusions about the best available methods, their description and information for assessment of their applicability, the levels of emissions connected with the best available methods, the corresponding monitoring, appropriate levels of consumption and if necessary adequate measures on recovery of the site are established;

controlled conditions - conditions under which installation functions in such a way that the volatile organic compounds allocated as a result of activities gather and removed controlled either through chimney, or by means of the clearing equipment and cannot be completely crushed;

consumption of organic solvents - total quantity of the organic solvents used in installation within calendar year or any other cumulative twelve-monthly period less the volatile organic compounds recuperated for reutilization;

chimney - the structure containing one or several flues providing removal of flue gases in air;

the reference document on THEM - the document which is result of the exchange of information organized by the European commission, developed for certain types of activity, describing the applied methods, the current levels of emissions and consumption, the methods taken into account for determination of the best available methods and also the conclusions on THEM and any appearing methods in which special attention is paid to the criteria provided by appendix 5;

emission - direct or indirect release of substances, vibrations, heat or noise from point or diffusion sources of installation in air, water and the soil;

fugitive emission - any emission (which is not happening in the form of flue gases) volatile organic compounds in air, water and the soil, and also solvents as a part of products if other is not specified regarding 2 appendices 13;

general emissions - the amount of fugitive emissions and emissions of flue gases;

danger warnings - the unique alphanumeric code consisting of one letter and three figures describing the nature and degree of danger of substance or mix;

flue gases - the final gaseous emission containing volatile organic compounds or other pollutants which is taken away in air through chimney or other clearing equipment;

incident - (large) violation of functioning of installations which depending on circumstances can make considerable negative impact on the environment and health of the person;

installation - stationary technical unit within which one or several types of activity provided by appendices 1 and 2, and also other directly connected types of activity performed on the same site and which can make impact on emissions and pollution are performed;

installation on burning - any technical equipment in which fuel is oxidized for use of the heat energy made at the same time;

multifuel installation on burning - any installation on burning which can use at the same time or alternately two or more types of fuel;

the existing installation - installation which functioned or on which permission according to the current legislation about day of entry into force of this law was issued;

amount of consumption of organic solvents - the number of organic solvents in pure form or in the form of mixes, used when implementing certain activities, including the solvents recirculated in limits or outside installation which is counted in case of each use during these activities;

varnish - medicine for transparent covering;

the isolated microsystem (IMS) - any system with consumption less than 500 GW of the h the electric power in 1996 which is not connected with other systems;

essential change - change of characteristics or functioning of installation, expansion of installation or installation on burning, installations on burning or on joint burning of waste which can make considerable negative impact on the environment and health of the person;

the two-fuel engine - the internal combustion engine using ignition from compression and working on the Diesel cycle for combustion of liquid fuel and on Otto's cycle for combustion of gaseous fuel;

the diesel engine - the internal combustion engine working on cycle of Diesel and using ignition from compression for combustion of fuel;

the gas engine - the internal combustion engine working on Otto's cycle and using spark ignition for combustion of fuel or - in case of two-fuel engines - ignition from compression;

the levels of emissions connected with the best available methods, - the levels of emissions reached under normal conditions functioning by means of one of the best available methods or combination of such methods as it is described in the conclusions on THEM, expressed as average value for certain period of time in case of predefined original conditions;

hours of functioning - time expressed in hours during which installation on burning fully or partially functions and makes emissions in air, except for the periods of start and stop;

transactions of start and stop - transactions by means of which installation, the equipment or the reservoir are put into operation are taken out of service, transferred to the mode of idling or removed from it, excepting the phases of fluctuations arising in normal operating conditions of installation;

the plan of reduction in compliance - the complex of specific measures and actions developed by the operator containing terms of their accomplishment for reduction in compliance with requirements and conditions of complex nature protection permission or nature protection permission for the purpose of observance of requirements for environmental protection;

pollution - direct or indirect hit in air, water or the soil of the substances resulting from human activities, vibrations, heat or noise which can make harmful effects on the environment and health of the person, to cause damage to material property or to do much harm or exert impact on other types of legal use of the environment;

the public - as it is determined by the Law on environmental impact assessment No. 86/2014;

the interested public - the public which decision making about issue or updating of permission or conditions of permission influences or can influence or which shows to it interest. For the purpose of this concept the non-governmental organizations promoting environmental protection and conforming to any requirements established by the national legal system are recognized interested;

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