The Ministry of Environmental Protection and Natural Resources of Ukraine has published a draft resolution of the Cabinet of Ministers of Ukraine “On Approval of Requirements to the Form and Content of the Integrated Environmental Permit”.
Its text, explanatory note, form of the integrated environmental permit (IEP) and requirements for it are available on the official website of the Ministry.
This resolution will be one of the main bylaws to the Law of Ukraine No. 3855-IX “On Integrated Prevention and Control of Industrial Pollution”.
Components of the integrated environmental permit
The Draft Resolution stipulates that the IEPconsists of:
- a descriptive part;
- motivational part;
- conditions that are an integral part of the integrated environmental permit.
The descriptive part will contain the following information
- information about the installation for which the IEPis issued;
- a list of its components;
- a description of the procedure for reviewing the application for an integrated environmental permit (amendments thereto) and the documents attached thereto submitted by the operator
conclusions and proposals of the competent authorities; - comments and proposals of other executive authorities and local self-government bodies;
- comments and proposals received during public discussion and cross-border consultations (if any);
The motivational part of the IEP will consist of 4 points:
- grounds on which the integrated environmental permit is based;
- a list of conclusions of the best available technologies and management practices (BAT) for the main and ancillary activities (if any);
- linkage, correlation, compliance of technologies and management practices, as well as emissions from the facility with the best available technologies and management practices and emission limit values;
- justification for granting a derogation (if granted) and conditions of the integrated environmental permit in accordance with the granted derogation.
The third section – “Conditions of the Integrated Environmental Permit” – contains a table with a detailed list of requirements, measures and conditions for the facility.
The IEP also contains
- a list of permits issued to the operator of the facility that become invalid in connection with the issuance of the integrated environmental permit;
- the date of entry into force of the IEP;
- the requirement for the operator of the facility to draw up an act on commissioning of the facility (for facilities that are commissioned for the first time);
- the requirement for the facility operator to publish information on the receipt of the IDD within 10 working days from the date of its receipt;
- terms and procedure for administrative and judicial appeal of the integrated environmental permit.
It is separately noted that the permitting authority may invalidate the integrated environmental permit or amendments to it on the grounds provided for in Article 27 of the Law of Ukraine “On Integrated Industrial Pollution Prevention and Control”, on other grounds and in the manner prescribed by the Law of Ukraine “On Administrative Procedure”.
Form of IEP and document flow
The integrated environmental permit and amendments to it will be issued in the form of an electronic document. The entire electronic document flow related to the IEP will be conducted through the Unified State Register of Integrated Environmental Permits.
It will be developed in accordance with the architecture of the state system of DIIA at the expense of the German Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection. The state and local budgets of Ukraine will not finance the development of this register.
Once developed, the Register will be transferred to the Ministry of Environment and will operate within the framework of the EcoSystem Unified Environmental Platform. Its further work will be financed within the framework of the costs of financing this platform.
As EcoPolitic reported earlier, on July 16, the Verkhovna Rada adopted Draft Law No. 11355 “On Integrated Prevention and Control of Industrial Pollution”. On August 6, it was signed by President of Ukraine Volodymyr Zelenskyy.
Later, Fastmarkets provided its assessment of this document. Experts believe that the Law of Ukraine “On Integrated Prevention and Control of Industrial Pollution” creates additional difficulties for Ukrainian enterprises in the context of war because of the too short period of time provided for the transition to new environmental requirements.
Several bylaws have already been prepared for Law No. 3855-IX. In particular, on January 8, the Cabinet of Ministers adopted a resolution approving a unified form and content requirements for conclusions on the issuance of integrated environmental permits, and on January 28, it approved the Procedure for Conducting a Reconciliation Meeting on the Issuance of an Integrated Environmental Permit.
