Experts of the Association of Environmental Professionals (PAEW) called on the authorities to harmonize the provisions of Law No. 2707-XII "On Protection of Atmospheric Air" and Law No. 2573-IX "On the Public Health System".
The lack of agreements has created a controversial situation, namely, it has made it impossible to obtain a permit for emissions of pollutants into the atmospheric air by stationary sources as early as October 1, 2023, reports the
It is noted that air emissions from stationary sources can be carried out after obtaining permission from city (Kyiv and Sevastopol), regional or central environmental protection bodies or administrative service centers (upon approval).
In PAEW stressed that the Act "On Protection of Atmospheric Air" enters into force on October 1, 2023. However, it does not exclude the receipt of a negative conclusion from the relevant central (territorial) executive authority as a reason for refusing to issue a permit for emissions. In addition, it is not provided for the exclusion of the conclusion on the possibility of issuing a permit, as a basis for the cancellation of the emission permit.
It is noted that there are also no relevant changes in the Procedure for conducting work related to the issuance of permits for emissions into the air by stationary sources, accounting of business entities that have received such permits (Decree of the Cabinet of Ministers of Ukraine dated March 13, 2002 No. 302 in the edition dated January 24, 2023 No. 63). There are no changes in the information and technological cards for obtaining a permit for emissions.
"Under the specified normative regulation, a contradictory situation is created, which makes it impossible for a business entity to obtain a permit for emissions," the authors explained.
They emphasized that an additional aggravating factor is the cancellation of quarantine restrictions and the absence of a transitional period for the validity of permits during martial law in Law No. 2806-IV "On the permit system in the field of economic activity."
In PAEW drew attention to the need to harmonize the provisions of the Laws "On the Public Health System" and "On Protection of Atmospheric Air", relevant by-laws in the part of exclusion:
- a negative conclusion of the central (territorial) executive body, which implements state policy in the field of sanitary and epidemic welfare of the population, regarding the possibility of issuing a permit for emissions as a basis for refusing to issue a permit for emissions;
- cancellation by the central (territorial) body of executive power, which implements state policy in the field of sanitary and epidemic welfare of the population, of the conclusion on the possibility of issuing a permit, as a basis for the cancellation of a permit for emissions;
- approval of the central (territorial) body of the central body of executive power, which implements the state policy in the field of sanitary and epidemic welfare of the population during the consideration of emission documents, which is regulated by Resolution of the CMU No. 302.
It is noted that PAEW dispatched corresponding appeal:
- head of the State Regulatory Service of Ukraine, Oleksiy Kucher;
- to the Minister of Environmental Protection and Natural Resources of Ukraine Ruslan Strilets;
- t. v. at. Olga Shevchenko, Head of the State Service of Ukraine for Food Safety and Consumer Protection.
As EcoPolitic reported earlier, experts of the Association of Environmental Professionals (PAEW) analyzed and criticized the draft order of the Ministry of Environmental Protection and Natural Resources on the improvement and simplification of the preparation of documents justifying the volumes of emissions of pollutants into the atmosphere air from stationary sources. The document contains norms inconsistent with current legislation, uncertain terms and increases administrative pressure on enterprises.
