Permits for emissions and discharges of pollutants, as well as for waste treatment, obtained by enterprises after the entry into force of the Law of Ukraine No. 3855-IX “On Integrated Industrial Pollution Prevention and Control” will be valid for the period specified in them, but no longer than until August 8, 2029.
Such a regulatory proposal is contained in the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine in the Field of Prevention, Reduction and Control of Industrial Pollution” published by the Ministry of Environmental Protection and Natural Resources of Ukraine.
The Ministry developed this document in accordance with Article 29(9) of the Law on Industrial Pollution. It stipulates that within 12 months from the date following the date of publication of this regulatory act, the government must
- ensure the adoption of regulations necessary for the implementation of this Law;
- bring its regulatory legal acts in line with this Law;
- ensure that ministries and other central executive authorities review and
- repeal their regulations that contradict Law No. 3855-IX.
What changes are expected for companies
The draft resolution provides for amendments to 12 documents (resolutions, procedures, lists, criteria, technical requirements). Some of them are purely formal, while others establish new rules that did not exist before. Among them are the following:
- Permits for emissions of pollutants into the atmosphere by stationary sources, which operators of facilities received after the entry into force of the Law of Ukraine “On Integrated Industrial Pollution Prevention and Control” (i.e., from August 8, 2025), are valid for the period specified in them, but no longer than until August 8, 2029, unless they expire earlier due to the receipt of an integrated environmental permit (IEP). Similar requirements will apply to special water use permits and waste treatment permits.
- Companies whose permits for air pollutant emissions will become invalid due to the issuance of an IED will be obliged to start the procedure for obtaining an emission permit for technical units, technological equipment, activities and facilities, the conditions of which will not be determined by the IED, within 15 calendar days from the date of receipt of the decision (conclusion) on the acceptability of the application for an integrated environmental permit (amendments thereto).
- The producers whose special water use permits will become invalid due to the issuance of the IED will be obliged to apply for a special water use permit and relevant documents for technical units, units of technological equipment, activities and facilities, the conditions for which will not be determined by the IED and are determined by the special water use permits, withinb 1 month from the date of commencement of administrative proceedings for issuance of the integrated environmental permit (amendments thereto). The same period is supposed to be set for permits for waste treatment operations.
- Despite the prohibition on inspections under martial law provided for by the Cabinet of Ministers Resolution No. 303 “On Termination of State Supervision (Control) Measures under Martial Law” of 13 March 2022, inspections and surveys of facilities and industrial sites to ensure that their actual condition is consistent with the information contained in applications for obtaining an IDD will be carried out.
- In addition, companies that receive integrated environmental permits will be required to install automated control systems (ACS) for pollutant emissions even during martial law.
- In case of changes in the management of the main types of waste and/or the technological process, the monitoring entities that carry out thermal waste treatment operations on the basis of the IED are obliged to additionally submit an updated plan within 15 calendar days from the date of such changes through the Unified State Register of Integrated Environmental Permits.
- Companies that operate a landfill or waste treatment facility on the basis of an IED will additionally submit their monitoring program for the next year by December 15 of the current year through the Unified State Register of Integrated Environmental Permits.
- In the event of changes in the management of the main types of waste and/or the technological process of the waste treatment facility, such enterprises are obliged to review the program, make appropriate changes to it and send a notification of the changes and the updated program within 15 calendar days through the Unified State Register of Integrated Environmental Permits.
- The authors of the resolution also propose to expand the scope of the Procedure for issuing, refusing to issue, or revoking a permit for waste treatment operations to include waste from the mining industry, as well as facilities operated on the basis of an IED.
As EcoPolitic previously reported, the Ministry of Ecology has developed a draft government resolution with a list of pollutants, physical and biological factors to be regulated when issuing an integrated environmental permit.
