Law on Atmospheric Air Protection

Under the Law on Atmospheric Air Protection, the Ministry of Ecology and Natural Resources ("MENR") is required to issue standards on atmospheric air quality (Article 9) and maximum emission levels for the release of harmful substances into the atmosphere (Article 10). Further, the release of harmful substances into the atmosphere requires a permit from the MENR (Article 12). The permit issued by the MENR must set out the maximum level of permissible emissions for the release of harmful substances into the atmosphere. The permit can also include other conditions for the protection of atmospheric air. Entities that release harmful substances into the atmosphere are also required to pay a fee for such release (Article 21). 

In addition, under the Law, it is prohibited to operate equipment that does not meet the Azerbaijan Government’s technical requirements on atmospheric air protection (Article 13). It is also prohibited to produce or use fuel without first obtaining a certificate from the MENR confirming that the fuel complies with the Azerbaijan Government’s technical requirements on atmospheric air protection (Article 13). Moreover, it is prohibited to operate a facility without first installing a system for measuring and controlling the release of harmful substances into the atmosphere (Article 14). Finally, the MENR has authority to limit the use of oil and gas products that pollute the atmosphere (Article 13).

Further, pursuant to the Law, the National Environmental Monitoring System must include information on the state of the atmosphere, including air pollution (Article 23). In addition, the Azerbaijan Government is required to conduct an accounting of the amount and composition of harmful substances released into the atmosphere, including with respect to GHGs (Article 19). Even entities that release harmful substances into the atmosphere are required to maintain an inventory of their emissions, including the impact of these emissions on the environment (Article 20).  

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