Compliance with air quality rests on two levels: the qualitative norms of the state of the environment define what is permissible in the environment, while the limit-permissible emission norms at the source define how much may be emitted from each concrete pollution source. This page sets out both levels of norms, the authorization regime for greenhouse gas emissions and the instruments of state control.
Qualitative Norms of the State of the Environment
The qualitative norms of the state of the environment cover: the limit-permissible norms of the concentrations of substances harmful to human health and the natural environment in atmospheric air, water, and soil, and of the quantities of microorganisms; the limit-permissible norms of noise, vibration, electromagnetic fields, and other physical impacts; and the limit-permissible norms of radiation impact.
These norms are determined once every 5 years by the regulation on qualitative norms, developed and approved — in agreement with the Ministry — by the ministry responsible for labour, health and social protection. The five-year cycle means the norms are periodically updated, and any compliance assessment must always rest on the current edition.
Limit-Permissible Emission Norms at the Source
The limit-permissible emission norms for harmful substances and for pollution by microorganisms are developed for each concrete source, taking into account its technological features and the background pollution of its location — so that the on-site concentration does not exceed the limit-permissible level.
These norms are determined once every five years by the relevant regulation, developed and approved by the Ministry. Note the distinction: the qualitative norms concern the state of the environment, while the emission norms concern the concrete source; a compliance programme must take both into account.
Authorization of Greenhouse Gas Emissions
To protect the climate from global changes, the subject of activity must observe the norms of emission of greenhouse gases and carry out measures for their reduction. The emission of greenhouse gases is regulated on the basis of the integrated pollution control system of the environment.
For activities defined by a government decree, an authorization of greenhouse gas emissions is mandatory. It is issued — apart from aviation activities — by the National Environment Agency, and for aviation activities by the Civil Aviation Agency. The authorization is an individual administrative-legal act and is issued for an indefinite term.
The application for authorization must, beyond the information provided for by the General Administrative Code, contain a description of the installations and activities that may cause emissions; information on raw and auxiliary materials; information on emission sources defined by government decree; a draft monitoring and reporting plan; and a non-technical summary. The authorization must contain a monitoring plan, approved together with the decision.
The authorization may be declared lost in force, alongside the general grounds, where within 5 years of receipt the activity has not started, or where the activity was suspended for 2 calendar years and the person failed to substantiate repair or renovation works. Before approving the monitoring plan, the issuing authority may create an expert commission or invite an expert.
Monitoring and reporting obligations are an essential part of the authorization: the person carrying out the activity is obliged to conduct monitoring on the basis of the plan and to submit annually, no later than 31 March of the relevant year, an annual emissions report verified by a verifier. Within 5 working days of receiving the verified report, the issuing authority ensures its publication on the environmental information portal.
State Control and Damage
State control in environmental protection and the use of natural resources is exercised, within the powers conferred by legislation, by the Ministry, the Department, the Agency of Protected Areas and the Nuclear and Radiation Safety Agency, and the state forest management body. The Department, to secure control, carries out inspections covering planned or unplanned checks and surveys of the object of regulation.
A check is carried out on the basis of an individual administrative-legal act issued by the minister or the head of the Department; appealing the act does not suspend the check, while a survey requires no act. The imposition of liability does not release the offender from the obligation to compensate damage caused to the environment, and the limitation period for a claim for environmental damage is 10 years from the moment the right of claim arose.
Modification and Transfer of the Authorization
The person carrying out the activity is obliged to notify the issuing authority immediately of any planned change of the operating condition that may affect the emissions; upon such a change, a corresponding amendment is made to the authorization. Transfer is also possible: the authorization may be transferred, wholly or partly, to another person if this does not contravene the essence of the activity — the transfer covers both rights and obligations, and the recipient may start the activity only after the act of transfer.
When planning air quality compliance, three checks should be carried out: whether the emission satisfies the qualitative norms on site; whether the emission limits established at the source are observed; and whether the activity requires a greenhouse gas authorization. These answers determine the documentation you will need with the issuing authority and the monitoring obligations imposed on you.
Frequently Asked Questions
These questions arise most often in air-quality compliance.
Who issues the greenhouse gas authorization?
Apart from aviation activities — the National Environment Agency; for aviation activities — the Civil Aviation Agency. The authorization is issued for an indefinite term.
When is the emissions report submitted?
Annually, no later than 31 March of the relevant year, verified by a verifier.
What is the limitation period for a damage claim?
The claim for damage caused to the environment is subject to a 10-year limitation period from the moment the right arises.
How We Help on Legal.ge
Contact us on Legal.ge — we will assess your activity's compliance with both levels of norms and plan the authorization and reporting obligations.