Business asks to postpone mandatory automated emission monitoring

19/ 12/ 2022

According to the draft resolution of the Cabinet of Ministers On approval of the Procedure for the introduction of mandatory automated systems for monitoring emissions of pollutants, which is currently being approved by the State Regulatory Service on November 23, Ukrainian enterprises are planning to introduce automated monitoring of emissions into the atmosphere. Thus, on the one hand, the document defines the list of production facilities and technological equipment, where automated emission monitoring systems must be installed within 5 years. At the same time, the Ministry of Environment may oblige any other enterprise, whose activities do not belong to the above list but have a significant impact on air pollution, to install automated measurement systems and prescribe appropriate conditions in the emission permit. Among the industries for which such monitoring may become mandatory is the production of cement clinker, glass, steelmaking and metal ore processing, oil and gas refinement, and energy production. In fact, the draft resolution proposes an approach that underlies Directive 2010/75/EU on industrial emissions. The adoption of Directive 2010/75/EU should help to comprehensively assess the environmental impact of the enterprise, as well as to introduce new European environmental standards – the conclusions of the best available technologies and management methods (BAT). The implementation of measures defined in BATM by the enterprise should lead to a reduction in the impact on nature from its activities, and, if possible, prevent such impact. For several years, the European Business Association has been consistently involved in the development of legislation to implement Directive 2010/75/EU, which should reform the approach to industrial emissions control. The relevance of this urgent reform has increased even more for Ukraine this year in connection with obtaining the status of a candidate country for membership in the European Union. At the same time, automated emission monitoring systems are only one element of industrial pollution reform. The BAT conclusions determine whether a particular installation needs automated monitoring and what the requirements for it should be. Therefore, it is logical that the legislative framework for the comprehensive implementation of Directive 2010/75/EU should be formed first, the BAT conclusions should be published and approved, as provided for by the Seville process, and only then automated monitoring systems should be installed at the reconstructed facilities. In addition, the war creates a range of other factors that complicate the practical implementation of the requirements of the draft resolution. First, the installation of automated monitoring systems at facilities that are at constant risk of being damaged by enemy strikes or awaiting reconstruction/decommissioning is economically unreasonable. Secondly, since the beginning of hostilities, companies have been constantly emphasizing the difficulties in attracting significant investments, finding, and most likely importing the appropriate equipment, searching for contractors, and carrying out work in conditions of high-security risks. Moreover, some enterprises have already installed automated monitoring systems, but they only partially meet or do not meet the requirements of the draft resolution. The question of how enterprises should act in such conditions is not considered in the document at all. Olga Boiko. EBA Industrial Ecology and Sustainable Development Committee Coordinator. It is no secret that the main candidates for eco-modernization in the pre-war period were energy and industrial facilities, particularly metallurgy. During the 9 months of the war, the metallurgical industry lost more than 50% of its potential, and more than half of the energy infrastructure facilities were damaged or destroyed. According to President of Ukraine Volodymyr Zelenskyy, at least EUR 1.5 billion is needed for the superficial restoration of energy facilities alone, which Ukraine expects to receive as assistance from external partners. The restoration of the industry is out of the question now – first, companies are trying, in addition to constant humanitarian assistance and support for the Armed Forces, to ensure the minimum vital activity of enterprises under the constant threat of missile strikes, power outages, as well as limited export opportunities and almost no demand in the domestic market. The business community highly appreciates the recent regulatory changes aimed at supporting business in the form of postponing the stricter environmental requirements and tax exemptions, and hopes that the idea of mandatory installation of expensive measuring equipment worth almost UAH 5.8 billion on outdated and half-destroyed facilities will still be postponed to the post-war recovery stage. Therefore, the business appeals to the Government with a request to postpone the obligation to install automated emission monitoring systems for the post-war period and not to support the above resolution in the current version.

According to the draft resolution of the Cabinet of Ministers “On approval of the Procedure for the introduction of mandatory automated systems for monitoring emissions of pollutants”, which is currently being approved by the State Regulatory Service on November 23, Ukrainian enterprises are planning to introduce automated monitoring of emissions into the atmosphere.

Thus, on the one hand, the document defines the list of production facilities and technological equipment, where automated emission monitoring systems must be installed within 5 years. At the same time, the Ministry of Environment may oblige any other enterprise, whose activities do not belong to the above list but have a significant impact on air pollution, to install automated measurement systems and prescribe appropriate conditions in the emission permit.

Among the industries for which such monitoring may become mandatory is the production of cement clinker, glass, steelmaking and metal ore processing, oil and gas refinement, and energy production.

In fact, the draft resolution proposes an approach that underlies Directive 2010/75/EU on industrial emissions. The adoption of Directive 2010/75/EU should help to comprehensively assess the environmental impact of the enterprise, as well as to introduce new European environmental standards – the conclusions of the best available technologies and management methods (BAT). The implementation of measures defined in BATM by the enterprise should lead to a reduction in the impact on nature from its activities, and, if possible, prevent such impact.

For several years, the European Business Association has been consistently involved in the development of legislation to implement Directive 2010/75/EU, which should reform the approach to industrial emissions control. The relevance of this urgent reform has increased even more for Ukraine this year in connection with obtaining the status of a candidate country for membership in the European Union. At the same time, automated emission monitoring systems are only one element of industrial pollution reform. The BAT conclusions determine whether a particular installation needs automated monitoring and what the requirements for it should be. Therefore, it is logical that the legislative framework for the comprehensive implementation of Directive 2010/75/EU should be formed first, the BAT conclusions should be published and approved, as provided for by the Seville process, and only then automated monitoring systems should be installed at the reconstructed facilities.

In addition, the war creates a range of other factors that complicate the practical implementation of the requirements of the draft resolution. First, the installation of automated monitoring systems at facilities that are at constant risk of being damaged by enemy strikes or awaiting reconstruction/decommissioning is economically unreasonable. Secondly, since the beginning of hostilities, companies have been constantly emphasizing the difficulties in attracting significant investments, finding, and most likely importing the appropriate equipment, searching for contractors, and carrying out work in conditions of high-security risks.

Moreover, some enterprises have already installed automated monitoring systems, but they only partially meet or do not meet the requirements of the draft resolution. The question of how enterprises should act in such conditions is not considered in the document at all.

Olga Boiko EBA Industrial Ecology and Sustainable Development Committee Coordinator

It is no secret that the main candidates for eco-modernization in the pre-war period were energy and industrial facilities, particularly metallurgy. During the 9 months of the war, the metallurgical industry lost more than 50% of its potential, and more than half of the energy infrastructure facilities were damaged or destroyed. According to President of Ukraine Volodymyr Zelenskyy, at least EUR 1.5 billion is needed for the superficial restoration of energy facilities alone, which Ukraine expects to receive as assistance from external partners. The restoration of the industry is out of the question now – first, companies are trying, in addition to constant humanitarian assistance and support for the Armed Forces, to ensure the minimum vital activity of enterprises under the constant threat of missile strikes, power outages, as well as limited export opportunities and almost no demand in the domestic market. The business community highly appreciates the recent regulatory changes aimed at supporting business in the form of postponing the stricter environmental requirements and tax exemptions, and hopes that the idea of mandatory installation of expensive measuring equipment worth almost UAH 5.8 billion on outdated and half-destroyed facilities will still be postponed to the post-war recovery stage.

Therefore, the business appeals to the Government with a request to postpone the obligation to install automated emission monitoring systems for the post-war period and not to support the above resolution in the current version.