(2022.12.12-ны өдрийн орчуулгын хяналт)                                             Unofficial translation

LAW OF MONGOLIA

May 17, 2012                                                                                              Ulaanbaatar city

ON AIR

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law 

1.1.The purpose of this Law is to regulate relations related to protection of the surrounding air, prevention from air pollution, reduction and control of air pollutant emissions.

Article 2.Legislation on Air

2.1.The legislation on Air shall consist of the Constitution of Mongolia, Law on Environmental Protection, this Law, and other relevant legislative acts enacted in conformity with them.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, then the provisions of the international treaty shall prevail.

Article 3.Definitions of Terms of the Law

3.1.The following terms used in this Law shall have the following meanings:

3.1.1."Ambient air" shall mean the gas mixture in its natural state of the atmosphere which is the components of the environment;

3.1.2."Air pollution" shall mean the content of pollutant released directly into the surrounding air or created as a result of physical or chemical reactions in the ambient air that exceeds the air quality standards;

3.1.3."Air quality" shall mean the composite of physical, chemical and biological characteristics of air that compliance with air quality standards;

3.1.4."Air quality monitoring" shall mean the regular observation, measurement, research, examination and assessment of state of air quality and its changes thereon;

3.1.5."Air quality improvement zone" shall mean a territory with boundaries and special regimen set with purpose to reduce air quality where specific measures are implemented in place;

3.1.6."Air polluting substance" shall mean any type of sources of pollution or physical, chemical, biological and radioactive substances and their mixture, which is polluting ambient air;

3.1.7."Hazardous polluting substances" shall mean the polluting substances that are included in the list approved by the state central administrative body in charge of nature and environment;

3.1.8."Air pollution source" shall mean any object that solid fuel and pollutants into the ambient air or causing negative physical impacts on it;

3.1.9."Major air polluting stationary source" shall mean industrial, service or other purpose facility that release any pollutants of more than 100 tons per year or more than five tons of dangerous polluting substances into the ambient air;

3.1.10."Mobile source" shall mean all types of auto transport vehicles, self-propelled and portable mobility devices that run with diesel and fuel;

3.1.11."Air protection" shall mean all types of activities taken to prevent ambient air from pollution, reduce air pollution, sustain the air quality state at the prescribed level, and their monitoring;

3.1.12."Air quality standard" shall mean the permissible norm of polluting substances that may be present in the ambient air and shall not cause adverse impacts on the environment and human health which is certified by a state central administration body in charge of standardization matters;

3.1.13."Air polluting emission standards" shall mean the maximum permissible norm of polluting substances that can be released in the ambient air from a pollution source for a continuous period of time that is approved by a state administrative body in charge of standardization matters; 

3.1.14."Air pollution fee" shall mean the fee to be made by raw coal miner, organic solvent producers and importers, auto transport vehicle and self-propelled devices owners, permit holders to use a major air polluting stationary sources and business entities and organization and individuals using major air polluting sources for releasing air polluting substances in the air within the limit specified in the air pollution emission standards;

3.1.15."Air pollution compensation" shall mean payment to be made in case the pollutant released into the ambient air exceeds the amount specified in the emission standard;

3.1.16."Permissible emission" shall mean maximum amount of pollutants that can be released into the ambient air as a source of air pollution so as not to exceed air quality standards;

3.1.17."Negative physical impact on air" shall mean the impact of noise, vibration, ionizing radiation, electromagnetic wave and other physical factors that affect the physical characteristics of ambient air including its temperature, energy, wave and radiation and thus adversely causing negative impacts on human health and the surrounding environment;

3.1.18."Negative physical impact standard" shall mean the state administrative body in charge of standardization matter certifying the tolerable norms of physical impact not to adversely affect human health and the environment;

3.1.19."Maximum permissible level of negative physical impacts" shall mean the norms of physical adverse effects that may be caused to the ambient air as a source of air pollution, calculating that not to exceed the standard of negative physical impact;

3.1.20."Ozone layer" shall mean ozone layer of the atmosphere above the Earth's surface;

3.1.21."Greenhouse gas" shall mean a component of the natural or man-made gaseous atmosphere that absorbs infrared radiation and reflects it back;

3.1.22."Substances with high global warming potential" shall mean hydrofluoric carbon-type substances included in the Annex of the Montreal Protocol on Substances that Deplete the Ozone Layer.

/This sub-paragraph was added by the law as of June 3, 2022/

CHAPTER TWO

POWERS OF STATE AND LOCAL SELF-GOVERNING BODIES, AND RIGHTS AND OBLIGATIONS OF A CITIZEN, BUSINESS ENTITY AND ORGANIZATION ON AIR PROTECTION

Article 4.Power of the State Great Khural

4.1.The State Great Khural shall exercise the following powers in relation to air protection:

4.1.1.to monitor the implementation of legislation related to air protection;

4.1.2.to approve a budget required for the implementation of this Law and monitor the disbursement of the budget;

4.1.3.other powers provided by law. 

Article 5.Powers of the President of Mongolia

5.1.The President of Mongolia shall exercise the following powers in respect with reducing air pollution:

5.1.1.to establish and operate a National Committee with responsible to regulate the implementation of policies on reducing air pollution, and to ensure coordination of activities;

5.1.2.other powers provided by law. 

5.2.The president of Mongolia shall approve composition and procedure of the National Committee specified in Article 5.1.1 of this Law.

5.3.The National committee specified in Article 5.1.1 of this Law shall have a working office and the working office shall operate a permanent  electronic database network and ensure an opportunity that the public receives information from it.

5.4.The expenses of the working office specified in 5.3 of this Law shall be financed from the state budget.

/This article was invalidated by the law as of December 12, 2013/

Article 6.Powers of the Government

6.1.The Government shall exercise the following powers in respect of ambient air /hereinafter referred to as "air"/ protection:

6.1.1.to approve the National Program on Air Protection and Climate Change and implement relevant programs;

/This sub-paragraph was amended by the law as of December 16, 2021/

6.1.11.to establish and operate a National committee with the functions to manage the implementation of air pollution reduction policy, and monitor the coordination of operational harmonization;

/This sub-paragraph was added by the law as of  December 12, 2013/

6.1.2.to establish a National Committee on Climate Change with duties to organize activities and provide integrated management with respect to implementation of United Nations Framework Convention on Climate Change /hereinafter referred to as the "convention"/, climate change adaption, and measures related to reducing ecological vulnerability and negative impacts of climate change at national level;

6.1.3.to develop and approve the budget proposal required to reduce air pollution;

6.1.4.to develop and approve an action plan to reducing air pollution and report back to the State Great Khural on annual basis on its implementation;

6.1.5.to organize activities to expand and improve capacity of electricity transmission and distribution network in the ger districts in the air quality improvement zone, to make relevant decisions in respect to implementation of provisions stated in Article 16 of this Law and monitor them;

/This sub-paragraph was modified by the law as of April 22, 2022/

6.1.6.to set forth the form and rate of incentives for electricity and gas prices for households located in the air quality improvement zone if they meet one of the conditions and requirements specified in Article 14 of this Law, and finance the incentives from the state budget and finance the incentives from state budget;

/This sub-paragraph was amended by the law as of April 22, 2022/

/This sub-paragraph was modified by the law as of January 23, 2015/

6.1.7.to implement a comprehensive measure aimed at ensuring and improving the  reliable infrastructure network including energy production, transmission and distribution required for households in ger districts to use electric heating;

6.1.8.to provide incentives to citizen, business entities and organizations that are engaged in activities to reduce air pollution, to diminish loss of heat and save electricity; 

6.1.9.to develop an action plan, have it approved and organize its implementation with respect to developing residence area and distant districts around the city through establishing an infrastructure consists of highways, electric railroads, bridge, energy and engineering network with purpose to reduce population density in the city; 

6.1.10.to resolve the funding issues required for reducing air pollution in a way to release Government bonds and Capital city bonds or mobilize other types of financial resources;

6.1.11.to approve a procedure for granting incentives specified in Articles 6.1.6 and 6.1.8 of this Law;

6.1.12.to develop, approve and enforce comprehensive standard on insulation of gers, buildings and facilities;

6.1.13.other powers provided by law.

6.2.The composition and operational procedure of the National committee specified in Article 6.1.11 of this Law shall be approved by the Prime Minister of Mongolia. 

/This paragraph was added by the law as of December 12, 2013/

6.3.The National committee specified in Article 6.1.11 of this Law shall have a working office, which shall operate a permanent electronic database network and ensure an opportunity that the citizens receive information from it.

/This paragraph was added by the law as of December 12, 2013 and it was invalidated by the law as of  January 23, 2015/

6.4.The expenses of the working office specified in 6.3 of this Law shall be financed from the state budget.

/This paragraph was added by the law as of December 12, 2013 and it was invalidated by the law as of January 23, 2015/

Article 7.Powers of the state central administrative body in charge of nature and environment matters 

7.1.The state central administrative body in charge of nature and the environment matters (hereinafter referred to as "the state central administrative body") shall exercise the following powers in respect of air protection:

7.1.1.to organize the implementation of the state policy and national program on air protection;

7.1.2.to approve rules, regulations, instructions and guidance on air protection and ensure their implementation;

7.1.3.to develop standards specified in Article 17 of this Law and have them approved by the competent authorities;

7.1.4.to approve charters to the air quality professional office specified in Article 10.1 of this Law and working office of the Climate Change specified in Article 24.1 of this Law and provide professional guidance for their activities;

7.1.5.to organize air quality monitoring-analysis, approve monitoring-analysis methodology and provide professional guidance;

7.1.6.create a database on air and monitor its implementation;

7.1.7. to monitor over setting limitation and phasing out the consumption of ozone depleting and high ability to effect global warming substances and other substitutes;

/This sub-paragraph was amended by the law as of June 3, 2022/

7.1.8.to issue a permit to utilize major air polluting stationary sources, extend its term, terminate and revoke the permit, set the maximum amount of permissible emissions from stationary sources and to set the service tariffs for obtaining an opinion from professional office; 

7.1.9.to approve a list of hazardous polluting substances;

7.1.10.other powers provided by law.

Article 8.Powers of the local self-governing and local administrative bodies 

8.1.The local self-governing and local administrative bodies shall exercise the following powers in respect of air protection:

8.1.1.to organize and monitor the implementation of the air legislation and decisions made in compliance with them with their respective territory and monitor their implementation;

8.1.2.to plan measures to protect air and reducing air pollution and finance it from the local budget;

8.1.3.to ensure continual operation of the unit of the national air quality monitoring network;

8.1.4.to organize the air polluting substance emissions, adverse physical negative effects on the air and to conduct a census on air polluting sources in cooperation with the local branch of the professional office in their respective territory;

8.1.5.to conduct a census on air quality, air polluting emission and its sources and compile the census data, submit it to the professional office;

8.1.6.to organize the implementation of the procedure to be followed in the air quality improvement zone established by the state central administrative body in a certain part of its territory;

8.1.7.to connect low pressure furnaces operating in cities, villages and other settlements to the partial heating system, and to introduce advanced heating technologies with electricity, gas and coke fuel;

8.1.8.to publicly announce the daily level of air pollution and air quality forecasting in cities, villages, and other settlements; 

8.1.9.other powers provided by law.

8.2.Citizens' Representatives' Khurals of aimag and the capital city shall exercise the following powers on air protection:

/This paragraph was amended by the law as of April 22, 2022/

8.2.1.to approve the local budget for particular year to be spent for air quality improvement zones in the aimag and capital city;

/This sub-paragraph was amended by the law as of April 22, 2022/

8.2.2.to monitor the Governor's activities with respect to reducing air pollution in the aimag and capital city;

/This sub-paragraph was amended by the law as of April 22, 2022/

8.2.3.to resolve issues such as providing low-income households with ger and building insulation materials, improved furnace, non-air polluting patent fuel, semi-coke and liquid gas fuel that are in air quality improvement zones of the aimag and capital city;

/This sub-paragraph was amended by the law as of April 22, 2022/

8.2.4.other powers provided by law.

Article 9.Rights and obligations of citizens, business entities and organizations

9.1.Citizens, business entities and organizations and shall have the following rights and obligations:

9.1.1.to comply with legislation on air, decisions of local self-governing bodies and state administrative bodies and Governors, and orders of state inspectors;

9.1.2.to meet requirements specified in rules and procedures on air protection and air pollution substance emission standards and norms;

9.1.3.to equip with internal monitoring devices to monitor the emission released from pollution sources and its impact when engaged in production and services using major air polluting stationary sources;

9.1.4.to implement the internal monitoring by business entities and organizations as it is stated in the environmental monitoring-analysis program reflected in the detailed environmental impact assessment report;

9.1.5.to submit reports in respect of internal monitoring of air pollution sources and other relevant reports and data by the business entities and organizations to the local branch of the professional office as provided by Article 12.5 of this Law;

9.1.6.to obtain methodological assistance and advice from professional bodies on air protection; 

9.1.7.to comply with relevant legislation on reduction of air pollution;

9.1.8.not to burn raw coal and other types of air polluting substances in the air quality improvement zones;

9.1.9.to utilize equipment and technologies efficient on reduction of air pollution and use liquid gas and other type of sources;

9.1.10.to make a demand, complain and inform the relevant authorities if a citizen, business entity and organization's activities pollute the air and the pollution reaches the level where it negatively affects the human health;

9.1.11.other rights and obligations provided by law.

CHAPTER THREE

AIR QUALITY MONITORING AND INFORMATION

Article 10.Professional office

10.1,The state central administrative body shall establish a professional office with responsibilities to determine air quality, conduct monitoring and assessment, and provide relevant information and draw conclusion /hereinafter referred to as "professional office"/. 

10.2.The state central administrative body shall make a decision to establish local branches of the professional office at local level while taking into account of environmental and climate conditions and the level of industrialization, and shall provide with professional and methodological directions.

10.3.The local branch of the professional office shall operate under the management of the respective level of Governor while ensuring the implementation of rules approved by the state central administrative body. 

10.4.The professional office shall ensure the implementation of obligations under international conventions on the protection of the ozone layer and implementation of relevant national program.

10.5.Officials of the professional office shall have a right to access to business entities and organizations to conduct measurement, research and study. 

Article 11.Air quality monitoring and research

11.1.The state central administrative body shall establish and maintain the operations of a network for regular observation, measurement, research and assessment and provide related data and information on air quality, negative physical impacts on air, acidic precipitation, and stratosphere ozone layer and changes in greenhouse gas.

11.2.The state unified monitoring and research networks shall consist of the following parts:

11.2.1.a unit of International monitoring and research network in Mongolia;

11.2.2.state monitoring and research network;

11.2.3.local monitoring and research unit;

11.2.4.internal monitoring units of business entities and organizations that emits air polluting substances or cause physical negative impact on air.

11.3.The units and network specified in Articles 11.2.1 and 11.2.2 of this Law shall be determined by the state central administrative body while taking into consideration of size of the city, village and other settlements, population density, topographical characteristics and level of industrialization; and expenses related with the establishment, equipping and maintaining their operation shall be funded from the state budget.

Article 12.Air quality information

12.1.Local branches of the professional office shall submit air quality information to the respective level of Governor and the professional office.

12.2.The professional office shall summarize and analyze the air quality information and submit it to the state central administrative body.

12.3.The professional office shall immediately inform the relevant bodies and the public and provide health advice if the content of polluting substances in the air and level of negative physical impacts exceeds than the permissible limits set by the standards. 

12.4.Business entities and organizations shall inform the local branches of the professional office about their activities affecting air quality and their internal monitoring information within the specified period of time.

12.5.The procedures on issuing air quality information shall be approved by the central state administrative body. 

CHAPTER FOUR

AIR PROTECTION MEASURES

Article 13.Activities to reduce air pollution and main principles

13.1.The following activities to reduce air pollution shall be implemented in certain phases:

13.1.1.to expand energy source and electricity transmission and distribution network of ger district, and increase their capacity;

13.1.2.to establish air quality improvement zones in ger district, and adjust electricity price as a method of incentives;

13.1.3.to deliver electricity and other types of discounts and services to households in ger districts in the first prior;

13.1.4.to promote and support households, business entities and organizations that introduced new initiatives and advanced equipment and technologies to reduce air pollution;

13.1.5.to provide long term, low interest credit from the wealth to be generated from mining industry and enable an opportunity and condition to build immovable properties, buildings and apartments by putting the land in ger district into economic circulation and using it as a collateral;

13.1.6.to create favorable condition for households, business entities and organizations to move from the municipal city to local area by increasing investment and workplaces, create regional allowances;

13.1.7.to intensively implement the development policies of regional development pillar centers and the remote districts of the capital city; thus, to decentralize the capital city of population.

13.2.The following main principles shall be followed in activities to reduce air pollution:

13.2.1.to refuse to use the raw coal in household purposes and to use electric and geothermal energy for heating and utilize semi-coke and gas fuels;

13.2.2.to impose liability specified in the law on officials, business entities, organizations and citizens who violated the legislation;

13.2.3.to implement measures to reduce air pollution through integrated operation of the state, business entities, organizations and citizens.

Article 14.Civil participation in reducing air pollution and incentives

14.1.Incentives shall be provided to households that meet one of the following conditions and criteria in accordance with Article 6.1.6 of this Law:

14.1.1.owns gers and private housing that has been insulated up to the standard requirements;

14.1.2.got connected to the electricity transmission and distribution network and using electric heating;

14.1.3.has a heating system that works with all types of gas fuel;

14.1.4.uses geothermal, solar, wind and other types of renewable energies;

14.1.5.uses patent fuel and semi coke, and improved furnaces and chimney filter that meet standard requirements;

14.1.6.owns buildings and private houses that are environmentally friendly and energy efficient;

14.1.7.reduces greenhouse gas emission by conservation fuel and participating in soft loan, assistance, project and program implemented by domestic and international partners in this area;

14.1.8.others. 

Article 15.Air quality improvement zone

15.1.The state central administrative body in cooperation with the local administrative bodies may establish air quality improvement zone for the purpose of reducing air pollution and approve procedure to be followed in those zones.

15.2.Air quality improvement zone specified in Article 15.1 of this Law shall be announced to public. 

15.3.Air quality improvement zones of the aimag and capital city shall be renewed every year.

/This paragraph was amended by the law as of April 22, 2022/

15.4.A map with a minimum scale of 1:25000 showing the exact location and borders shall be produced by the local administrative body and make it available to public. 

15.5.The maximum substance of any air pollutant released within the territory of air quality improvement zone shall not exceed standards on air quality.

15.6.The measures to be implemented in the air quality improvement zones of the aimag and capital city shall be regulated by this Law and the procedure enacted on the given zone.

/This paragraph was amended by the law as of April 22, 2022/

15.7.Governor of aimag and capital city shall establish an office in charge of organizing measures to reduce air pollution in their territories and reporting on their implementation.

/This paragraph was added by the law as of January 12, 2018/

Article 16.Prohibited items in the air quality improvement zone 

16.1.The following activities are prohibited in the air quality improvement zone:

16.1.1.to discharge wastes in non- designated areas, burn in open fire;

16.1.2.to be engaged in production and services that emit air pollutants;

16.1.3.to utilize the electricity with incentives specified in Article 6.1.6 of this Law in other than the household purpose;

16.1.4.to utilize electric heating appliances that do not meet standard requirements; 

16.1.5.to burn raw coal and other types of air polluting substances;

16.1.6.to sell in retail gasoline and diesel fuel of classification lower than the highest ecological classification set by Mongolian standards, or that do not meet the requirements of the classification.

/This sub-paragraph was added by the law as of April 22, 2022/

Article 17.Norm related to air protection

17.1.Air quality norm that set the maximum permissible norm of air polluting substances and negative physical impacts on air, standards on negative physical impacts, and standards for air emissions due to burning and discharging wastes in designated facilities shall be developed by the state central administrative body and approved by the competent authority.

17.2.The state administrative body shall develop and approve the following standards in cooperation with other state central administrative bodies in charge of the relevant sectors and have them approved by the competent authority:

17.2.1.to set maximum permissible levels of air pollutants substance from all types of furnace, to set emission standards for major stationary sources of air pollution jointly with the state central administrative body in charge of fuel and energy matters;

17.2.2.to develop standards and measurement methods on air polluting substances emission from mobile sources jointly with the state central administrative body in charge of transport matters;

17.2.3.to develop, jointly with the state central administrative body in charge of fuel matters, standards on new fuel as a result of coal deep processing;

17.2.4.to develop standards on fuels such as auto fuel, diesel, and liquified gas jointly with the state central administrative body in charge of auto road transport and petroleum matters;

17.3.If necessary, the state central administrative body independently or in jointly with other state central administrative bodies shall develop and approve other standards on reducing air pollution and its monitoring.

Article 18.Permit to use major air polluting stationary sources 

18.1.Citizens, business entities and organizations shall obtain a permit from the soum and district Governor based on an conclusion/opinion from the professional office in order to conduct production and services activities using major air polluting stationary sources.

18.2.Air polluting substances emission in the air by the given source, maximum permissible negative physical impacts and other requirements that have been stated in respective legislation on air protection shall be reflected in the permit specified in Article 18.1 of this Law. 

18.3.The state central administrative body shall approve a procedure that sets maximum permissible norm of air polluting waste stated in Article 18.2 of this Law.

Article 19.Measures to be taken in case of serious increase of air pollution and negative physical impact 

19.1.As a result of sudden hazards, industrial accident or other reasons, if there is a serious increase in polluting substances in the air and in the level of negative physical impact that exceed the permissible norms specified in the standards and is likely to endanger human health and the environment, the citizens, the management of the business entities and organizations and professional office shall immediately inform the Governors of aimag, soum, capital city, or district and the public. 

/This paragraph was amended by the law as of April 22, 2022/

19.2.The management of the business entities and organizations, professional offices, and Governors of all instances and hygiene and other relevant bodies shall jointly take urgent measures to identify the causes of the serious increase of air pollution and physical negative impact and eliminate the damages.

19.3.In order to reduce air pollution and negative physical impacts, citizens, business entities, and organizations and officials specified in Article 19.1 of this Law shall undertake measures to set a special regime or temporarily suspend their operations and if necessary, take steps to protect and relocate the population in accordance with the Law on Disaster Protection. 

Article 20.Limiting the release of air polluting substances and physical negative impacts

20.1.Citizens, business entities and organizations, upon receiving information from the professional office about possible increase in air pollution due to factors related to nature and climate shall take measures to reduce the air polluting substances and physical negative impact on air caused by any source within their control in accordance with Article 19.2 of this Law.

20.2.If an air polluting substance and its physical negative impact on air caused by stationary source of a business entity and organization has exceeded the established standards or it has been set that it will endanger human health and the environment, the state environment inspector and health inspector may, in accordance with the procedure provided by the Law on Violation Resolving Procedure, limit or suspend the operation of the business entity and organization concerned until the violations are eliminated. 

/This paragraph was amended by the law as of May 18, 2017/

20.3.In accordance with the procedure provided by the Law on Violation Resolving Procedure, state environment inspector or authorized police official may limit the use of mobile sources that emit air polluting substances and causing physical negative impact on air that exceeds applicable standards.

/This paragraph was amended by the law as of May 18, 2017/

20.4.State environment inspector or health inspector shall have the authority to make recommendations to terminate or change the production types of business entity or organization that has repeatedly violated any applicable emissions standard and maximum level of physical negative impact on air and its conditions to the relevant authority which granted the permit. The authorized body shall review and make decisions in 30 days.

/This paragraph was invalidated by the law as of May 18, 2017/

20.5.For the purpose of protecting the air, entrance of certain types of transport means into the territory of public streets and areas may be prohibited or restricted by the decision of soum or district Governor.

20.6.Discarding, disposing or burning wastes in a non-designated area or any waste disposing activities that do not meet requirements of waste disposal standards shall be prohibited.

Article 21. Air protection requirements for construction buildings, production and services activities 

21.1.All construction activities including the selection of the location of buildings for industrial and services activities or other purposes, designing the blueprint, construction, expansion of a building, renovation, repair, putting into operation, installation of equipment's and technology, its change and renewal shall all be based on the standards on air quality and negative physical impact on air.

21.2.An environmental impact assessment shall be undertaken when to construct buildings and facilities of major air polluting stationary sources.

21.3.The state central administrative body in charge of construction matters shall decide on the construction of industrial and service facilities that may have a particularly harmful effect on the air based on the proposal of the respective level of Citizens' Representatives Khural and the conclusion of the environmental impact assessment.

21.4.For the purpose of air protection of settlements, sanitary protection zones shall be established in industrial and service buildings and separated from residential areas, and the list of such zones shall be approved by the state central administrative body in charge of health matters.

21.5.An introduction of a technology, use of materials, substances and products, and use of equipment and appliances that do not comply with air protection requirements shall be prohibited.

Article 22.Air protection requirements for establishing a residential area

22.1.Authorized organizations and officials shall take into account possible changes and potential adverse effects on weather conditions when developing general location and development plans of cities, villages and other residents.

22.2.The development plan specified in Article 22.1 of this Law shall be reviewed and receive permission accordingly by the state central administrative body. 

Article 23.Equipping major air polluting sources 

23.1.Citizens, business entities and organizations using major air polluting sources in its production and services activities shall equip each source with appliances and devices to do internal monitoring, to clean and neutralize air polluting substances, and reduce negative physical impacts on air. 

23.2.The state central administrative body in charge of the relevant sector, soum and district Governor and the state environment inspector shall supervise the sources on whether they are equipped with monitoring equipment and tools specified in Article 23.1 of this Law and their utilization.

Article 24.Adapting to climate change and reducing adverse impact of climate change 

24.1.A working unit on climate change shall be established and operated by the state central administrative body with responsible of organizing the implementation of the convention, related national program and action plans and coordination, assessment and reporting on the climate change adaptation fund and clean development mechanism project activities. 

/This paragraph was invalidated by the law as of November 13, 2015/

24.2.The national inventory and monitoring of greenhouse emission and its absorption shall be conducted by the working office in accordance with the methodology approved by the Convention parties' conference. 

24.3.The state central administrative body, in cooperation with the relevant organizations shall approve the maximum limits on greenhouse gas emission to be released by the major source of greenhouse gas during business activities.

Article 25.Ozone layer protection 

/This article was modified by the law as of June 3, 2022/

25.1.List of ozone-depleting, high global warming potential substances and their substitutions and equipment containing these substances and procedure for granting permit on their importation, sale and utilization shall be approved by the Government.

/This paragraph was modified by the law as of June 3, 2022/

25.2.The state central administrative body shall set annually the quantity of ozone-depleting, high global warming potential substances, their substitutes and equipment containing these materials to be imported in particular year and grant permit for importation, sale and utilization of them.

/This paragraph was modified by the law as of June 3, 2022/

25.3.The Cabinet member in charge of environmental matters shall approve the procedure for allocating the quantity of ozone-depleting, high global warming potential substances and other substitute substances to be imported in particular year to importers.

/This paragraph was modified by the law as of June 03, 2022/

25.4.Reports and information on the imported, sold, utilized, and produced of the substances and equipment listed in Article 25.1 of this Law in particular year shall be submitted by the customs authorities, and business entities, organizations, and citizens granted permits for importation, sale, and utilization specified in Article 25.2 of this Law shall submit the reports and information to the state central administrative body within December of each year.

/This paragraph was modified by the law as of June 3, 2022/

25.5.Draining from system, cleaning, recycling, recharging, installation, use, repair and maintenance of products and equipment, and destroy of ozone-depleting, high global-warming potential substances and other substitutes shall be performed by a professional organization authorized by the state central administrative body.

/This paragraph was modified by the law as of June 3, 2022/

25.6.The requirements for professional organization specified in Article 25.5 of this Law and the procedure for granting a right for it shall be approved by the Cabinet member of in charge of environmental matters.

/This paragraph was added by the law as of June 3, 2022/

25.7.Disposal, removal and reserve of ozone-depleting, high global warming potential substances and other substitute substances, products and equipment containing them, and confiscated substances shall be regulated by the relevant laws.

/This paragraph was added by the law as of June 3, 2022/

CHAPTER FIVE

MISCELLANEOUS

Article 26.Monitoring system

26.1.The state central administrative body in charge of environmental issues and competent body to implement control and inspection shall conduct monitoring on the implementation of this Law and comprehensive standards approved with respect to reducing air pollution. 

/In this paragraph, the term "state administrative body in charge of specialized inspection" is amended into "state central administrative body in charge of environmental issues and competent body to implement control and inspection" by the law as of November 11, 2022, and it shall be enforced on January 1, 2023/

Article 27.State unified statistics on air polluting substance emission, negative physical impacts and their sources

27.1.Air polluting substance emission, its negative physical impacts, and the type, quantity and volume of their sources shall be recorded in the state unified statistics.

27.2.Governors of all instances in cooperation with professional offices, shall maintain the state unified statistics and conduct census of emission of air polluting substances, negative physical impact on air and their sources in accordance with the procedures approved by the state central administrative body.

/This paragraph was amended by the law as of January 12, 2018/

Article 28.Influencing deliberately on air condition and weather phenomenon 

28.1.If a necessity has invoked to influence air condition and weather phenomenon deliberately, a permit shall be granted to a organization with will conduct such activities by the state central administrative body based on the opinion of the professional office.

28.2.The influencing deliberately should not be negatively impacted on air condition and the climate.

Article 29.Air pollution fee

29.1.All citizens, business entities and organizations using air polluting sources shall pay air pollution fee.

29.2.The amount of air pollution fee and the procedure of making fee payments specified Article 29.1 shall be set by a law.

Article 291.Fund against air pollution

291.1.the operation of the Fund against air pollution ('Fund') shall be regulated by the Law on Government Special Fund. 

291.2.The General Budgetary Administrator of the Fund shall be the government member in charge of environment.

291.3.The Fund shall be governed by the non-standing Governing Committee. 

291.4.The Prime minister of Mongolia shall appoint the members of the Governing Committee stated in paragraph 291.3 of this law.

291.5.The Government of Mongolia shall approve the procedure for the Governing Committee stated in paragraph 291.3 of this law.

/This article 291 was invalidated by the law as of  November 13, 2019/

Article 30.Clean air fund

30.1.Activities of the Clean Air Fund shall be regulated by the Law on Government's Special Funds.

30.2.General administrator of the Clean Air Fund shall be the Cabinet member in charge of environment.

30.3.The Clean Air Fund shall have a supernumerary Steering committee to coordinate its activities and ensure multilateral participation.

30.4.Prime Minister of Mongolia shall appoint the composition of the Steering Committee mentioned in Article 30.3 of this Law.

30.5.The Government shall approve a work procedure of the Steering Committee mentioned in Article 30.3 of this Law.

/This article was invalidated by the Law as of November 13, 2015/

Article 31.Liabilities for violators of the law

31.1.Unless an official who has breached this Law is subject to the criminal liability, he or she shall be held liable under the Law on Civil Service.

31.2.An individual or a legal entity that violates this Law shall be subject to liability specified in Criminal Code or Law on Violations.

/This article was modified by the law as of December 4, 2015/

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA DEMBEREL.D