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The Ministry of Natural Resources and the Environment of the Russian Federation has developed a new procedure for taking an inventory of emissions of pollutants into the atmosphere and the sources of them

16.06.2021
12 min read
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Pepeliaev Group advises that the Ministry of Natural Resources and Environment of the Russian Federation (the “Ministry”) has drafted a new “Procedure for taking an inventory of stationary sources and emissions of pollutants into the atmosphere, adjusting the data of such inventory and documenting and storing data obtained by taking such inventory and making adjustments” (the “Procedure”)[1].

The drafting of the Procedure was grounded in the provisions of article 22 of Federal Law No. 96-FZ dated 4 May 1999 (“96-FZ”) whereby legal entities and individual entrepreneurs performing activity at NEI Facilities are obliged to take an inventory of sources of emissions and of emissions of pollutants into the atmosphere, including emissions from mobile sources[2].

The developed Procedure is to replace the procedure for taking an inventory of emissions which is currently in force[3].

The new Procedure is mostly similar to the current inventory procedure. The following changes have been made to the current procedure:
  • new provisions have been added setting out that emissions from mobile sources should be recorded when an inventory of emissions is being taken and establishing the relevant procedure;
  • a clarification has been provided with regard to the current provision that the data of an emissions inventory should be adjusted if legislation in this area (i.e. in the area of recording emissions) changes[4].
Below is a more detailed analysis of each of the above changes.

1. New provisions establishing the procedure for recording (ensuring the recording) of emissions from mobile sources

The new provisions have been introduced because Federal Law No. 195-FZ dated 26 July 2019 (“195-FZ”) amended article 22 of 96-FZ whereby not only emissions from stationary sources, but also emissions from mobile sources are subject to an inventory[5].

The Ministry specified[6] that, since the current inventory procedure does not contain any provisions regarding the recording of emissions from mobile sources, business entities have difficulties when carrying out work to record such emissions and documenting the data obtained, while supervisory bodies do not have any clear criteria for checking that such entities comply with statutory requirements.

According to Law 96-FZ, a mobile source of emissions is a transportation vehicle whose engine when it is operating is a source of emissions[7]. However, the Procedure requires that when an inventory of emissions is being taken, not all mobile sources (and emissions from them) are recorded, but rather only those mobile sources (and emissions from them) that are operated (that function) at NEI Facilities on a permanent or temporary basis[8].
According to the Procedure, the following mobile sources which are operated at a NEI Facility are subject to the recording: 
  • motor transport;
  • construction, agricultural, road and other machinery classified as mobile sources[9];
  • aeroplanes and other aircraft;
  • railway transport;
  • vessels.
comment.jpgIn 2020 a negative opinion was provided with regard to a draft of similar changes[10] to the inventory procedure following a regulatory impact assessment, for the draft contained the specified requirement that absolutely all mobile sources operated at NEI Facilities should be recorded. Nevertheless, the draft Procedure provides for the all mobile sources operated at a NEI Facility to be recorded. Thus, when the draft Procedure undergoes the regulatory impact assessment procedure, the opinion on the changes set out in it is also expected to be negative for the above reason, and therefore the draft Procedure will be rectified. 

It is worth pointing out that the Ministry believes that mobile sources may be sources of emissions even when they are not operated[11]. Therefore, the Procedure provides for the recording of emissions from mobile sources operated at a NEI Facility also during the period when such mobile sources are not operated[12]. The Procedure states[13] that emissions subject to being recorded include emissions from mobile sources located at[14] :
  • stations; and
  • inside constructions where mobile sources are operated, serviced and repaired or loaded and unloaded[15].
Presumably, the Ministry deems that the period when such mobile sources are not operated directly is the period when they are located at the specified stations and inside constructions[16].

In the event that emissions from mobile sources on such stations and inside constructions were recorded as emissions from stationary sources when inventory was being taken of emissions at a NEI Facility, a repeated recording of emissions at such stations and inside constructions is not required[17].

When an inventory of emissions from mobile sources is taken:
  • types[18] of mobile sources should be determined and their quantity, fuel used, and emission standard (for cars) should be specified. If a car does not have a specific emission standard, such transportation vehicle is deemed to have a zero (Euro 0) emission standard[19];
  •  details should be determined of the location of sites where mobile sources are operated, serviced and repaired, and of the stations of such sources, as well as the details of the basic routes followed by mobile sources across a NEI Facility[20];
  • mobile source emission figures should be determined, including the qualitative and quantitative composition of emissions, taking into account all of the pollutants that may form or be emitted into the atmosphere (a list of pollutants and their concentration)[21];
  • the speed at which mobile sources move across a NEI Facility and operating (functioning) conditions should be determined[22].
Results of an inventory of emissions from mobile sources should be documented[23]. In particular, following an inventory a base map of the NEI Facility should be made which includes information about the location of the mobile sources identified (the base map should show the basic routes, operation sites, stations and repair/servicing sites of mobile sources)[24].

Mostly, computational methods (rather than instrumental methods which involve examining outlet gas directly at emission sources by using devices/equipment) should be used for determining mobile source emission figures. If instrumental methods are used, grounds for choosing and applying such methods should be put forward[25].  

comment.jpgIt is unclear how this rule corresponds to the rule set out in clause 26 of the Procedure whereby using computational methods for determining the emission figures of controlled sources[26] is allowed only in three situations, which are strictly determined (for example, when sampling with a view to applying instrumental methods as required by current national standards is impossible in practice). There is an obvious discrepancy between different provisions of the Procedure. 

When an inventory of mobile sources is taken, maximum one-time emissions of pollutants are determined in grams per second; in addition, aggregate annual (gross) emissions are determined in tons per year[27]. Emissions are calculated individually for each type of mobile sources[28].

The Procedure specifies that the amount of annual emissions from mobile sources at a NEI Facility is calculated in addition to the calculation of annual emissions from stationary sources:

” The annual emission of pollutants (tons per year) from an entire negative impact facility is calculated as the sum of the annual emissions of such pollutants from all stationary air pollution sources of such negative impact facility. Also, the sum of annual emissions of pollutants from mobile air pollution sources is calculated separately for a negative impact facility”[29]

The resulting identified emissions from mobile sources are specified in one separate table relating solely to mobile sources of emissions; a recommended template of such table is provided as table 3.8 in appendix No. 3 to the Procedure[30].

2. A clarification with regard to the provision that the data of an emission inventory should be adjusted if legislation in this area changes[31]

The current inventory procedure provides that an adjustment is required when “legislation regulating an emission inventory changes”. This means that an adjustment should be made in the event of any changes to the legislation in this area.

According to the draft order which is planned to approve the Procedure[32], inventory documentation approved before this order comes into force is acknowledged to have force and is subject to adjustment in cases for which the Procedure provides. However, the draft Procedure provides that if legislation protecting the atmosphere changes with respect to an inventory of emissions, an adjustment of emission inventory data is to be carried out only if after such change comes into force, the documentation relating to the emission inventory does not conform to the statutory requirements. 

comment.jpgIt should be noted that taking, into account the specified provisions of the draft order and the Procedure, a complete inventory of emissions in connection with the Procedure coming into force will not be required; what will need to be done is only to determine the emissions from mobile sources and supplement the existing inventory report with data on such emissions.
In any case, please note that after the Procedure comes into force, it is likely that the inventory data will need to be adjusted more frequently. The above relates to the fact that the sources subject to an inventory will include mobile sources that break down more frequently than stationary sources (the composition of mobile sources is also likely to change more frequently).

3. The date when the new emission inventory procedure is expected to come into force

The Ministry’s draft order that is planned to approve the Procedure specifies that the order will come into force on 1 September 2021, and the summary report on the conduct of a regulatory impact assessment of the draft order[33] specifies that the Procedure will be approved in November - December 2021. Therefore, the new emission inventory procedure is to be adopted before this year ends.

What to think about and what to do

We recommend reading carefully the draft new emission inventory procedure, in particular with respect to the recording of emissions from mobile sources, and taking into account the new requirements when planning and carrying out business activity.
After the new emission inventory Procedure comes into force, the existing documentation relating to an inventory of emissions from most NEI Facilities will need to be adjusted, since it should be supplemented with data on emissions from mobile sources.

Help from your adviser

Pepeliaev Group’s lawyers are ready to provide legal assistance to companies with respect to the application of the new emission inventory procedure. 



[1] The draft Procedure and draft order adopting the Procedure have been placed on the federal portal of draft regulations (https://regulation.gov.ru/projects#npa=114994).
[2] At present, the Ministry is the body authorised to establish the procedure for taking an inventory of emissions (see article 22(4) of 96-FZ and clause 5.2.55 of the Provision on the Ministry of Natural Resources and Environment of the Russian Federation adopted by the Russian Government’s Resolution No. 1219 dated 11 November 2015).
[3] Approved by Order No. 352 of the Ministry dated 7 August 2018.
[4] Clause 45(6) of the Procedure.
[5] According to article 22(1) of Law No. 96-FZ, an inventory is obligatory only for legal entities and individual entrepreneurs and only with regard to NEI Facilities. The same is specified in clause 3 of the Procedure.
[6] See the summary report on the holding of a regulatory impact assessment with regard to the Ministry’s draft order which is to approve the Procedure (located at the address https://regulation.gov.ru/projects#npa=114994).
[7] Article 1 of 96-FZ.
[8] Clauses 3 and 5 of the Procedure.
[9] Taking into account the definition of the term “mobile source” stated in Law No. 96-FZ only transportation vehicles are meant here.
[10] Placed on the federal portal of draft regulations at the address https://regulation.gov.ru/projects#npa=102212.
[11] The Ministry’s Commentary on the draft Procedure (https://regulation.gov.ru/projects#npa=114994, section “Your proposals”, subsection “Provide your opinion...”).
[12] Clause 3 of the Procedure.
[13] See, for example, clauses 5 and 6 of the Procedure.
[14] Taking into account that Law No. 96-FZ contains an open list of emissions at NEI Facilities that are subject to being recorded (this is evidenced by the phrase “take an inventory of...emissions..., including emissions from...sources that are operated (that function) at a facility on a permanent of temporary basis”), we believe that the Ministry is entitled to set out in the Procedure a requirement that recording should be carried out, including with respect to emissions from mobile sources that are located (i.e. that are temporarily not operated) at stations and inside constructions where mobile sources are operated, serviced and repaired or loaded and unloaded.
[15] Based on the substance of different clauses of the Procedure (for example, clause 12), it is not the constructions that are meant here, but rather sites where mobile sources are operated, serviced, repaired, loaded and unloaded.
[16] These involve stations and constructions within a NEI Facility (see footnote 5 above).
[17] Clause 5 of the Procedure.
[18] It follows from the Procedure that only the types of mobile sources, rather than specific mobile sources, are to be determined.
[19] Clause 6 of the Procedure.
[20] Ibid
[21] Clause 6 of the Procedure. The Procedure states that the list of emitted pollutants from mobile sources is drawn up based on the data on the types of mobile sources that are operated (that function) at a NEI Facility, on fuel used as well as on emission classes (for cars) (the last paragraph of clause 10 of the Procedure).
[22] The Procedure does not clarify for what purpose the speed at which mobile sources move across a NEI Facility and operating (functioning) conditions should be determined.
[23]   Clause 6 of the Procedure.
[24] Clause 12 of the Procedure.
[25] Clause 18 of the Procedure.
[26]Controlled sources (i.e. sources which emit polluting substances into the atmosphere through special emission output devices) include a majority of mobile sources.
[27] Clause 19 of the Procedure.
[28] Clause 31 of the Procedure.
[29] Clause 43 of the Procedure.
[30] Clause 40 of the Procedure.
[31] Clauses 45(6) of the Procedure.
[32] Clause 2 of the draft order.
[33] The summary report is located at the address https://regulation.gov.ru/projects#npa=114994.


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