The Ministry of the Environment transposes the Directive on Industrial Emissions (IED)
September 19, 2012
The Ministry of the Environment transposes the Directive on Industrial Emissions (IED) – setting out new obligations, but also certain simplifications for businesses
The Ministry of the Environment and the Government Legislation Centre are currently working on a bill to transpose the Directive on Industrial Emissions of 24 November 2010 (the IED) to Polish law. The amendments will concern contractors obliged to obtain environmental permits, as well as the rules of soil recovery.
The contemplated provisions will amend a number of laws relating to the protection of the environment. The changes are mainly due to the need for Poland to transpose the Directive on Industrial Emissions of 24 November 2010 (i.e. the IED).
Most of the amendments focus on two issues:
rules for granting integrated permits, i.e. environmental permits that regulate comprehensively the impact on the environment of more than 2800 entities in Poland, rules for recovery of polluted soil.
Many of the proposed amendments must be evaluated positively as they provide for such things as issuing integrated permits for indefinite periods (not for specified periods as is currently the case). They will also make it easier to obtain a consolidated version of such permits, taking into account all previous modifications. It will be also possible to obtain a permit determining temporary parameters for emissions in the event of any studies or tests. On the other hand, the amendments will result in certain new obligations. Consequently, businesses applying for an integrated permit will be obliged to carry out further analyses of the state of pollution of soil, subsoil and groundwater by any hazardous substances.
When the new rules come into force, it will be imperative to change all integrated permits that have already been granted. If the businesses concerned do not comply with this obligation as notified by the competent authority, their integrated permits may expire before their term, i.e. before 31 December 2013.