2. The areas of application of the best available technologies may include economic and (or) other activities that have a significant negative impact on the environment, and technological processes, equipment, technical methods and methods used in the implementation of economic and (or) other activities.
3. Definition technological processes, equipment, technical ways, methods as the best available technology for a specific field of application, the approval of methodological recommendations for determining the technology as the best available technology is carried out by the authorized Government of the Russian Federation federal body executive branch, which creates technical working groups, including experts from interested federal executive bodies, state scientific organizations, commercial and non-profit organizations, including state corporations.
In order to coordinate the activities of technical working groups and develop information and technical guides on the best available technologies, the Government of the Russian Federation determines the organization performing the functions of the Bureau of the best available technologies, its powers.
4. The combination of criteria for achieving environmental objectives to determine the best available technology are:
the lowest level of negative impact on the environment per unit of time or volume of products (goods) produced, work performed, services rendered or other indicators stipulated by international treaties of the Russian Federation;
economic efficiency of its implementation and operation;
application of resource and energy saving methods;
the period of its implementation;
industrial implementation of this technology at two or more facilities that have a negative impact on the environment.
(see text in previous edition)
6. Information and technical guides on the best available technologies used in the types of economic and (or) other activities related to the areas of application of the best available technologies, contain the following information:
an indication of a specific type of economic and (or) other activity (industry, part of an industry, production) carried out in the Russian Federation, including used raw materials, fuel;
a description of the main environmental problems typical for a specific type of economic and (or) other activity;
methodology for determining the best available technology;
a description of the best available technology for a specific type of economic and (or) other activity, including a list of the main technological equipment;
technological indicators of the best available technologies;
methods used in the implementation of technological processes to reduce their negative impact on the environment and do not require technical re-equipment, reconstruction of an object that has a negative impact on the environment;
assessing the environmental benefits of implementing the best available technology;
data on restrictions on the use of the best available technology;
economic indicators characterizing the best available technology;
information about the latest best available technologies, in relation to which research and development work is carried out or their experimental and industrial implementation is carried out;
other information relevant to the practical application of the best available technology.
7. Information and technical reference books on the best available technologies are developed taking into account the technologies, equipment, raw materials, other resources available in the Russian Federation, as well as taking into account the climatic, economic and social characteristics of the Russian Federation. In their development, international information and technical guides on the best available technologies can be used.
8. The revision of technologies identified as the best available technology shall be carried out at least once every ten years.
9. The procedure for determining the technology as the best available technology, as well as the development, updating and publication of information and technical guides on the best available technologies is established by the Government of the Russian Federation.
10. The introduction of the best available technology by legal entities or individual entrepreneurs is a time-limited process of design, reconstruction, technical re-equipment of facilities that have a negative impact on the environment, installation of equipment, as well as the use of technologies that are described in published information and technical guides on the best available technologies and (or) indicators of environmental impact of which should not exceed the established technological indicators of the best available technologies.
In accordance with sub. "P" clause 27 of the Environmental Security Strategy of the Russian Federation for the period up to 2025, approved by Decree of the President of the Russian Federation No. 176 dated April 19, 2017, stimulating the implementation of the best available technologies (hereinafter - BAT) is one of the main mechanisms for implementing state policy in the field of environmental safety.
As you know, the legislative basis for the transition to BAT was formed by the Federal Law of July 21, 2014 No. 219-FZ "On Amendments to the Federal Law" On Environmental Protection "and Certain Legislative Acts of the Russian Federation" (hereinafter - Federal Law No. 219-FZ), which affects the fundamentals of activities in the field of environmental safety with a phased, long-term implementation of BAT.
Currently, BAT legislation has a complex structure. Framework requirements directly related to BAT are reflected in many federal laws.
Fundamental for the transition to BAT is Federal Law No. 7-FZ of 10.01.2002 "On Environmental Protection" (hereinafter - Federal Law No. 7-FZ), which:
Defines the concept of BAT;
Establishes standards for areas where BAT is mandatory;
Provides for the development of information and technical reference books (hereinafter - ITS) for specific areas of BAT application;
Prescribes the obligatory use of technological indicators of BAT;
Formulates measures of state support for the implementation of BAT.
These norms are interconnected with the distribution of objects that have a negative impact on the environment (hereinafter referred to as NVOS), into categories and are applicable without fail to objects. Icategories, the criteria for the selection of which are established precisely by belonging to the areas of application of BAT. Therefore, when introducing BAT, it is necessary to take into account the legal norms established both directly in relation to objects related to the scope of BAT, and to objects of category I, which are practically equivalent.
Changes in the legislation regarding BAT are focused on the norms of European law, in particular, Directives of the European Parliament and the Council of the European Union 2008/1 / EC of 15.01.2008 "On Integrated Prevention and Control of Pollution" and 2010/75 / EC of 24.11.2010 "On Industrial Emissions (Integrated Prevention and Control)". In paragraph 7 of Art. 28.1 of Federal Law No. 7-FZ explicitly states that when developing ITS, international ITS according to BAT can be used.
Article 28.1 of Federal Law No. 7-FZ in general view the set of criteria for determining BAT is reflected:
The lowest level of NVOC per unit of time or volume of products (goods) produced, work performed, services rendered or other indicators stipulated by international treaties of the Russian Federation;
Economic efficiency of BAT implementation and operation;
Application of resource and energy saving methods;
The period of its implementation;
Industrial implementation of this technology at two or more facilities providing NVOS.
NOTE
As BAT, only technologies applied at least two sites... Technologies used at one facility are not subject to recognition as BAT, and therefore, at facilities where the use of BAT is mandatory, the use of such technologies is contrary to legislation.
The compliance of technologies with the BAT criteria is determined in the ITS according to BAT, which contain, among other things, the following information:
An indication of a specific type of economic and (or) other activity (industry, production) carried out in the Russian Federation, including the raw materials and fuel used;
Description of BAT for a specific type of economic and (or) other activity, incl. list of the main technological equipment;
Technological indicators of BAT;
Methods used in the implementation of technological processes to reduce their NVOS and do not require technical re-equipment, reconstruction of an object providing NVOS.
Despite the fact that the composition of information in the ITS and instructions for their accounting are reflected in Federal Law No. 7-FZ, the status and conditions for the use of ITS are regulated by the legislation on standardization.
By virtue of Art. 2 of the Federal Law of June 29, 2015 No. 162-FZ "On Standardization in the Russian Federation" (hereinafter - Federal Law No. 162-FZ) ITS- document national system standardization, approved by the federal body in the field of standardization, containing systematized data in a specific area and including a description of technologies, processes, methods, methods, equipment and other data.
Accordingly, ITS (as standardization documents) are intended for voluntary use(i.e. failure to comply with the provisions contained therein does not in itself entail legal consequences) except in cases, if the officially published ITS has links(name and designation of ITS, indicating the date of approval) in regulatory legal acts.
The main instrument of state regulation in the field of BAT is the establishment of regulatory documents in the field of environmental protection (Article 29 of the Federal Law No. 7-FZ) mandatory for application technological indicators BAT determining the concentration of pollutants, the volume and (or) the mass of emissions (discharges) of pollutants, waste generation, water consumption and use of energy resources per unit of time or unit of production (work performed, service provided), i.e. aimed, among other things, at resource and energy saving.
According to Art. 23 of Federal Law No. 7-FZ (as amended from 01.01.2019) technological indicators BAT are established no later than 6 months after the publication of the ITS and are basis for development legal entities and individual entrepreneurs operating at facilities of the 1st category, own technological standards, which should not exceed the established technological indicators of BAT.
Mandatory requirements for the implementation of BAT and compliance with technological indicators BAT are established in relation to to all stages of the life cycle of objects:
Retrieving
from Federal Law No. 7-FZ
(as amended from 01.01.2019)
Article 36. Requirements in the field of environmental protection when designing
1. […]
Design, construction and reconstruction capital construction projects, buildings, structures that are objects that have a negative impact on the environment, and belong to the areas of application of the best available technologies, should be carried out taking into account the technological indicators of the best available technologies while ensuring an acceptable risk to public health.
[…]
Article 38. Requirements in the field of environmental protection during commissioning buildings, structures, structures and other objects
[…]
2. […]
Issuance of permission to enter is not allowed a capital construction project that is a facility that has a negative impact on the environment and belongs to the areas of application of the best available technologies, into operation in the event that technological processes with technological indicators exceeding the technological indicators of the best available technologies are used at the specified facility.
Article 39. Requirements in the field of environmental protection during operation and decommissioning buildings, structures, structures and other objects
[…]
2. Legal and individuals implementing exploitation buildings, structures, structures and other objects, provide compliance with environmental quality standards based on application technical means and technologies for the neutralization and safe disposal of production and consumption waste, neutralization of emissions and discharges of pollutants, as well as best available technology ensuring compliance with the requirements in the field of environmental protection, take measures to restore the natural environment, land reclamation in accordance with the legislation.
[…]
The norms for the implementation of BAT are established in Art. 11 of the Federal Law of 24.06.1998 No. 89-FZ "On production and consumption waste" (hereinafter - Federal Law No. 89-FZ), according to clause 2 of which legal entities and individual entrepreneurs in the operation of buildings, structures and other objects related to waste management are obliged, among other things, to introduce BAT. By virtue of paragraph 1 of Art. 30 of the Federal Law of 04.05.1999 No. 96-FZ "On the Protection of Atmospheric Air" (hereinafter - Federal Law No. 96-FZ), legal entities and individual entrepreneurs with stationary sources are also required to implement BAT.
According to paragraph 4 of Art. 69 of Federal Law No. 7-FZ, the state register of facilities providing NVOS includes, among other things, information on technologies used at facilities of category I and on their compliance with BAT.
As you know, by virtue of Art. 31.1 (will come into force on 01.01.2019) Federal Law No. 7-FZ, persons operating at Category I facilities will be required to obtain an integrated environmental permit (hereinafter referred to as IEP) within a specified time frame. In addition, such permits may be obtained by persons carrying out activities at facilities of the II category, subject to the availability of appropriate industry ITS.
Provided by art. 31.1 (will come into force on 01.01.2019) Federal Law No. 7-FZ, an application for an IEP must contain extensive information, including, among other things, calculations of the standards for permissible emissions (discharges) of radioactive, highly toxic substances, substances with carcinogenic, mutagenic properties (substances of I and II hazard classes) in the presence of such substances in emissions (discharges), i.e. traditional rationing within the framework of the IEP are subject to not all substances, in respect of which measures of state regulation are applied under Art. 4.1 of the Federal Law No. 7-FZ. Pollutants of III and IV hazard classes within the framework of IEP are subject to standardization without taking into account local conditions with the definition of technological standards that do not exceed technological indicators in size that should be established in environmental protection regulations.
An application for an IEP must contain, among other things, a justification for waste generation standards and limits for their disposal (hereinafter - NOOLR), and the permit itself - NOOLR. In accordance with Art. 18 of Federal Law No. 89-FZ (as amended from 01.01.2019) NOOLR are developed by legal entities or individual entrepreneurs engaged in economic and (or) other activities at facilities of I and II categories. At the same time, at facilities of category I, NOOLR are established on the basis of IEP. Obtaining a sanitary and epidemiological conclusion on the compliance of the IEP with sanitary rules and hygienic standards is not provided.
According to the Federal Law of 23.11.1995 No. 174-FZ "On Environmental Impact Assessment" (as amended from 01.01.2019), the design documentation of capital construction projects related to Category I facilities, as well as materials for justifying the IEP (if the specified materials do not contain information on the presence of a positive conclusion of the state ecological expertise (hereinafter - SEE) carried out in relation to project documentation of such objects) are objects of SEE at the federal level.
According to paragraph 3 of Art. 17 of the Federal Law No. 7-FZ state support for the implementation of BAT can be carried out through:
Providing tax incentives in accordance with the legislation on taxes and fees;
Providing incentives in relation to fees for IEE in accordance with environmental legislation;
Allocation of funds from the federal budget and the budgets of the constituent entities of the Russian Federation in accordance with budgetary legislation.
In this regard, paragraph 5 of part 1 of Art. 259.3 of the Tax Code of the Russian Federation (as amended from 01.01.2019; hereinafter referred to as the Tax Code of the Russian Federation) it is established that in relation to fixed assets related to the main technological equipment operated in the case of applying BAT, accelerated depreciation with a special multiplying factor... Tax incentives also include the possibility of providing an investment tax credit when introducing BAT. In addition, by virtue of Art. 16.3 of the Federal Law No. 7-FZ from 01.01.2020 in case of emissions (discharges) of pollutants within the technological standards, after the introduction of BAT, the fee for the NVOS will actually be canceled.
In the Russian Federation, the introduction of BAT, originally enshrined in environmental legislation, is considered as important tool industrial policy. According to Art. 10 of the Federal Law of December 31, 2014 No. 488-FZ "On Industrial Policy in the Russian Federation" (hereinafter - Federal Law No. 488-FZ), it is possible to provide subsidies to finance the creation or modernization of industrial infrastructure, incl. using BAT, and by virtue of Art. 12 of the Federal Law No. 488-FZ - providing financial support to organizations engaged in innovative activities in the provision of engineering services, in the implementation of projects to improve the level of environmental safety of industrial production, incl. through the use of BAT.
The transition to BAT is closely related to the Federal Law of 23.11.2009 No. 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation", which regulates relations in part effective use energy resources. At the same time, tax incentives have been established for facilities and technologies with high energy efficiency, including an investment tax credit (Article 67 of the Tax Code of the Russian Federation) and the application of special increasing coefficients to the depreciation rate in relation to the corresponding fixed assets (Article 259.3 of the Tax Code of the Russian Federation), similar to those established when introducing BAT. However, this relationship between the introduction of BAT and ensuring high energy efficiency of technologies is not reflected in the legal regulations, and there are no reference provisions regarding the introduction of BAT and improving energy efficiency.
RebrikIvan Ivanovich,
Director of the Department of Ecology, Labor Protection and Industrial Safety of the United Company "Russian Aluminum". Member of the Committee on Ecology and energy efficiency International Aluminum Institute (IAI), representative of the regional office for Krasnoyarsk Territory All-Russian public organization "Center for Environmental Policy and Culture", member of the Supervisory Board of NP "National Carbon Agreement".
He is educated as a metallurgical engineer and an electrical engineer.
1985 to 2002 Rebrik worked his way up from the foreman of the gas cleaning section to the head of the Ecology Department of the Krasnoyarsk Aluminum Plant. He was the curator of a number of environmental projects of the enterprise for the modernization of gas cleaning equipment, for waste management, for the implementation of an environmental management system (EMS ISO 14001), etc. ...
Since 2002, he has headed the Directorate of Gas Cleaning Technology and the Production of Fluoride Salts of the newly formed Engineering and Technology Center of the Russian Aluminum Company.
2003 - 2005 - Technical Director, Director for Modernization of the Sayanogorsk Aluminum Plant, Director of the Modernization Project of the Tajik Aluminum Plant.
Since 2005, he headed the project for the development of the Environmental Strategy of the Russian Aluminum company. From 2006 to present. - Head of the Department for Environment, Labor Protection and Industrial Safety of the company.
Since 2005, the project of the "Kyoto Protocol" company has been launched, work on instrumental inventory of greenhouse gas emissions is being actively developed, and a corporate system for managing greenhouse gas emissions is being created.
In 2006, RUSAL's long-term environmental goals were developed and approved by the Company's Management Board, within the framework of which programs for the environmental modernization of plants are being implemented.
In April 2007, the company launched the Strategy for a Safe Future and entered into an Agreement with UNDP on cooperation in the field of reducing greenhouse gas emissions.
In 2007, work was carried out to assess the company's environmental obligations. Work continues on the implementation of RUSAL's EMS: 80% of aluminum and 70% of alumina refineries comply with ISO 14001.
Sections on environmental obligations of the Company's Social Report for 2005-2006, 2007 have been prepared.
He is a member of the Committee on Ecology and Natural Resources of the Russian Union of Industrialists and Entrepreneurs of the Russian Federation, a member of the Methodological Council of the Scientific Research Institute "Atmosphere" of the Federal Service for Supervision of Natural Resource Usage of the Russian Federation.
A systematic increase in the level of negative environmental impact (OS) from enterprises operating on environmentally ineffective equipment, as well as global greening international relations and many aspects of domestic life in developed countries require increased attention to the environmental management system in the Russian Federation.
Unfortunately, the existing practice of regulating environmental relations, as well as methods of environmental regulation and control, have shown the inefficiency of the system of Russian environmental legislation and its inconsistency with international principles and trends. The current system in Russia does not combine the use of compensating sanctions for excess environmental pollution with the use of target parameters of permissible environmental impact for enterprises in the real sector of the economy, and also does not contain any significant incentives for enterprises to implement environmental protection measures and introduce environmentally friendly technologies. There is a high risk of imposing trade restrictions on the EU market with respect to Russian enterprises and the emergence of image consequences based on environmental indicators due to the inconsistency in the practice of regulation (management) of the environmental system in European countries and in the Russian Federation.
Moreover, the unreasonable intensification of control measures in the context of the current financial and economic crisis sharply complicates the state of affairs at enterprises. Closing production only on the basis of the current environmental regulatory framework means a deterioration in the structure of the economy and the structure of employment, which reduces resistance to crisis processes. Such actions run counter to the government's efforts to maintain economic activity and limit financial risks.
At the same time, the environmental policy pursued by the state should reflect the features of the upcoming stage of socio-economic development, the content of which will be determined by the tasks of overcoming the consequences of the crisis. It should be assumed that the period of recovery of economic activity will take a long time.
Taking into account the efforts being made to overcome the crisis, one of the main tasks of environmental policy for the medium term should be the application of the principle of normalizing the permissible environmental impact based on the indicators of the best existing technologies (BST). Such a transition to the practice of developed countries, where the regulation of environmental impact is based on the establishment of technical standards for users of natural resources with reference to the registers of the best available technologies (BAT) fully meets the interests of ensuring the competitiveness of Russian enterprises.
A few words about the semantic differences between the definitions of NBT and BAT. In Russia, NST is a technology based on the latest advances in science and technology, aimed at reducing the negative impact on the environment and having a fixed period of practical application, taking into account economic and social factors.
In the EU countries, since the mid-90s of the last century, the concept of BAT has been interpreted as the "best available technologies" (BAT) and means the most effective and advanced stage in the development of production activities and methods of operating installations, which indicates the practical suitability of certain technologies to create a fundamental basis for ensuring the limit values of emissions aimed at preventing and, if this is not possible, the overall reduction of emissions and mitigation of the impact on the environment as a whole.
Obviously, the meaning of minimizing the negative impact of a specific technology on the OS lies both in its design parameters and in the level of control of specific technological parameters of the impact on the OS. This is precisely the key point. Only communication of the state bodies of regulation and control in the same language of the target parameters of technical / technological standards with the technical personnel of the polluting enterprises will give the desired result in time to reduce the negative impact on the environment. The experience of the EU countries on the dynamics of OS quality is a vivid example of this. Therefore, without further ado, further it is proposed to use the term BAT, developed by the best practices.
The tasks of reforming the environmental regulation system were formulated in the decisions of the Security Council dated January 30, 2008 and in the Decree of the President of the Russian Federation dated June 4, 2008 No. 889. The development of economic incentives and the removal of administrative barriers to the introduction of environmentally friendly production and technologies in metallurgy is provided for by the Minutes of the meeting from the Prime Minister of the Russian Federation V.V. Putin on July 24, 2008. This approach is shared by all leading companies in the real sector of the Russian economy.
The system of environmental legislation adopted by the European Community is generally recognized and the most perfect. This legal system is largely direct action legislation, and, unlike the framework laws of Russia, it does not need additional interpretation by acts of any authorities. In addition, the system covers almost all major issues of environmental protection and nature management. And most importantly, EU norms are the result of a compromise equal dialogue between society, government and business.
The main principle of the EU environmental legislation, stipulated by Directive 96/61 / EC, in the latest version 2008/1 / EC of 15.01.2008 "On Integrated Pollution Prevention and Control", is to continuously reduce the degree of environmental impact. In order to create a balance between the requirements to minimize pollution and real technical capabilities, the Directive provides for the application of a mechanism for calculating impact indicators based on the "best available technologies" (BAT). The term BAT implies that such technology is the best in terms of compliance with environmental requirements and available to those interested in its application. The directive states that the requirement to apply BAT applies only to the largest sectors of the economy, the operation of enterprises of which is associated with a significant impact on the environment.
The aim of the Directive is to ensure an integrated approach to environmental protection by improving the management and control system of production processes. industrial enterprises... The key element in this approach is general principle stipulated in Article 3 of the Directive that operators (enterprises) must take all necessary preventive measures to prevent pollution, in particular through the application of BAT, which will enable them to improve their environmental performance.
BAT handbooks are widely used in the procedure for standardizing negative impacts, issuing permits to enterprises for emissions, discharges, waste disposal in EU countries. Preparation of reference books on BAT is an ongoing process, including periodic revision and updating of reference data.
Lists of BREFs for various industries are contained in advisory background documents prepared and regularly updated by the European Bureau specially created for this purpose with the participation of representatives of relevant authorities, industry companies and associations, and environmental specialists. The reference documents do not prescribe the use of any one technology, but suggest a range of emission / discharge levels that can be achieved by applying the various best technologies available on the market and having the least impact on the environment, taking into account technical characteristics the installation in question, its geographic location and local environmental conditions.
As a rule, the system of environmental and technological standards forms the basis of the target indicators, the achievement of which is aimed at the environmental policy of enterprises following in their activities the main provisions of the ISO 14000 series of environmental management standards. The use of BAT in European terminology means not only (!) technical solution for the production of specific products, but also recommends some steps to organize an environmental management system - an integral part of the overall management system. At the same time, it is noted that the introduction of an environmental management system will optimize the entire range of measures that, in general, will lead to the prevention and reduction of the negative impact of the production process on the environment.
BAT reference books are the basis for both business entities when choosing technologies, and for authorized state bodies when issuing permits for permissible environmental impact. The EU directive also provides for the issuance of an integrated permit for all types of impact (emissions, discharges, waste). Abroad, the BAT principle is the main tool in regulating the technogenic impact on the environment, and its practical application has clearly shown its effectiveness.
As the Russian experience shows, domestic users of natural resources, especially those whose products have been exported since the early 90s, initiated the application of technological standards based on the use of the best available (available) technologies in order to regulate emissions / discharges of pollutants into the environment and education. waste.
For example, the Decree of the Government of St. Petersburg dated September 26, 2002 No. 50 approved the program document "Main directions of the policy of St. Petersburg in the field of environmental protection and environmental safety for the period from 2003 to 2007". These Guidelines provide for "... the creation and maintenance of data banks of the best existing technologies based on the latest achievements of science and technology and having a fixed period of practical application, taking into account economic and social factors."
A positive experience was also observed in the Arkhangelsk region in optimizing the regulation of the discharge of biologically treated Wastewater pulp and paper organizations of the Arkhangelsk region in water bodies. The final stage of the experiment was to be the transition of this category of enterprises to uniform technological standards using the best technologies.
In 2004-2005 RAO Bumprom has developed a sectoral system for technological regulation of emissions / discharges and waste disposal, based on the introduction of the best available technical means with maximum consideration of Russian realities. This system was supposed to become the basis for an integrated permit for emissions / discharges and waste disposal, was distinguished by a reduced list of standardized pollutants, mainly characteristic of the technology used and standardized by the amount of products produced.
In 2006, the Board of Directors of UC RUSAL approved the company's environmental strategy. For the implementation of goal No. 8 of the strategy "Assistance in the creation of a modern regulatory and legal framework for the ecology of aluminum and alumina production", a number of agreements have been concluded with research institutes. The development of materials, methods, instructions, creation of databases on consumption factors, quality of raw materials, specific emissions of production is underway in order to develop and approve technological standards. Indicator indicators of environmental parameters of enterprises' technologies for assessing and managing the dynamics of achieving MPE and VAT standards have been established. The enterprises have set targets for the transition to closed-loop water supply systems for the main technological processes. 82% of the company's facilities are ISO 14001 certified.
The past experience of RAO UES of Russia also deserves a keen interest, the concept of implementing the environmental policy of which made it possible to introduce economic mechanisms at the corporate level aimed at introducing the best available technologies. Target environmental obligations of the energy companies of the holding included part of into the investment obligations of the new owners during the dissolution of the holding.
In 2006, a number of enterprises of the pulp and paper industry, in agreement with the Ministry of Natural Resources of Russia and Rostekhnadzor, initiated the project "Development and implementation of a system of technological regulation based on a sustainable development strategy", which remained at the stage of approvals.
But as a result of repeated reforms of government bodies in the field of environmental protection and the lack of direct interest of executive authorities in supporting these initiatives, the positive experience of economic entities still remains unaccounted for and unrealized.
In order to prevent the negative impact on the environment of economic and other activities within the framework of Russian legislation established requirements for the development of standards for permissible emissions / discharges of substances and microorganisms into the environment, standards for permissible physical effects (amount of heat, noise levels, vibration, etc.) on the environment, standards for the generation of production and consumption waste, which must ensure compliance with environmental quality standards Wednesday.
At the same time, the establishment of standards for permissible emissions and discharges in accordance with Art. 19 and 23 of the Federal Law "On Environmental Protection" dated January 10, 2002 No. 7-ФЗ should proceed from the environmental quality standards and technological standards, as well as taking into account international rules and standards in the field of environmental protection.
However, despite the presence in the legislation of the fundamental provisions concerning the rationing based on the NST indicators (BAT), the application of this approach is difficult due to the lack of a proper mechanism for the implementation of the established norms. The lack of appropriate regulatory support for the problem under consideration increases the risk of an unjustified increase in environmental payments for emissions / discharges and disposal of production and consumption waste.
Taking into account the state of affairs in the field of environmental relations in the Russian Federation, as well as the presence of positive Western experience, the desire and readiness of business to introduce BAT, we can conclude that there are all the basic prerequisites for the introduction of a rationing system based on BAT in Russia.
Thus, for the overall improvement of the ecological situation in the Russian Federation, it is advisable to adapt the positive experience of European states, taking into account the territorial, economic and social specifics of the Russian Federation and to eliminate the contradictions between the provisions current legislation and the practice of regulation in terms of rationing the permissible impact on the environment.
As part of the implementation of measures to improve the regulation system, it is necessary to link the standards of permissible environmental impact to existing technologies and ensure a gradual decrease in emissions / discharges following the improvement of production standards. The parameters of promising production modernization programs will also be set in these coordinates. It is also important to note that toughening the administrative responsibility of legal entities, as well as increasing fees for environmental impact, are ineffective without the use of economic levers in order to ensure a rational and environmentally responsible organization of production. Only this approach will make it possible to pass the period of the financial and economic crisis with the least losses and improve the quality of industrial development.
The recovery period after the crisis can last for several years. It is necessary to use this period for the transition to NST, which will undoubtedly have a positive effect on the state of the economy.
Basic goals:
Main goals:
According to Art. 23 7-ФЗ "On Environmental Protection", the establishment of standards for permissible emissions / discharges should be based on environmental quality standards and technological standards established on the basis of NST (BAT) indicators, taking into account economic and social factors. Consequently, work on improving the rating system should be carried out in three main areas: developing a procedure for establishing quality standards taking into account natural and climatic features, developing BAT lists and a procedure for introducing BAT, and developing a procedure for establishing technological standards.
In Art. 21 7-FZ "On environmental protection" establishes a requirement for the development of environmental quality standards for chemical, physical and biological indicators. Moreover, the natural features of territories and waters should be taken into account. In practice, only standardized chemical indicators are used - standards for maximum permissible concentration (MPC) of substances, which are uniform for the entire territory of the Russian Federation and are unconditional, i.e. must be respected at all times.
At the initial stage, measures for the transition to quality standards should include the following: reducing the list of substances for which standards are established, determining the procedure for measuring and observing the average annual MPC, taking into account the natural and climatic characteristics of territories and water areas. Taking into account physical and biological indicators when standardizing the quality of the environment is necessary, but not a primary measure.
Currently, environmental authorities, like most enterprises, lack the technical ability to control and monitor most of the substances for which MPC standards have been established. Systematic control is carried out periodically in relation to no more than three percent of the total amount of such substances, while enterprises are obliged to comply with the MPC standards constantly, regardless of emergency situations. In addition, there is no mechanism for their revision and updating.
Thus, it is necessary to reduce the number of substances for which standards are established and controlled, as well as to regulate the procedure for revising and updating the list of such substances. Such a transformation will lead to an increase in the feasibility of calculating emissions / discharges for enterprises, an improvement in the procedure for issuing permits for emissions / discharges, and the efficiency of the system of state and industrial environmental control and monitoring.
In the EU countries and the USA, the applied standards (quality standards) are expressed in the form of average annual indicators, and not in the form of absolute values that must be observed at any time (compliance with the standard is determined on the basis of not exceeding the established limit value based on the results of 90-95% of control measurements) , which makes them more achievable than in Russia. In some cases, for substances found in nature in a natural form, standards are set below their natural seasonal fluctuations, which allows taking into account territorial features (according to Art. 19 7-ФЗ "On Environmental Protection", environmental standards should also be established taking into account natural features) ... It is recommended to take this practice as a basis when establishing quality standards in the Russian Federation.
As evidenced by foreign experience, air and water quality standards for different territories should be established on the basis of risk management. Only in this case will the standards be fair and understandable. The principle of risk reduction should also be reflected in the statistical expression of environmental quality standards, which is common practice in European and North American environmental management systems.
It follows from the above that the system of environmental quality standards is subject to revision taking into account international experience and national characteristics towards less stringent, but controlled standards, providing a balance between levels that are desirable from an environmental point of view and reasonably achievable from a technical and economic point of view. The amount of pollutants to be controlled should be limited to those that can be effectively monitored with the limited technical and human resources available.
In parallel, it is necessary to carry out work to improve the system for monitoring the state of the environment as a whole. It is possible to create a public-private partnership program for enterprises to create systems for monitoring the state of the environment and receive certain benefits for this to pay for environmental impact or others.
The actual transition of enterprises to BAT should be preceded by the development of BAT lists and the approval of the procedure for such a transition.
To develop BAT lists, it is necessary, first of all, to carry out work to determine the types of activities for which the establishment of BAT is necessary, and to systematize technologies and technological processes typical for each industry sector. This work, due to its specifics, should be carried out both by interested government authorities and industry representatives, various industry associations and experts. As a result, the list of types of production activities, in relation to technological processes of which the BAT will be established, should be included in the newly adopted resolution of the Government of the Russian Federation on the procedure for the formation and maintenance of BAT lists.
The procedure for the preparation and maintenance of the BAT List can be organized according to the principle of the Procedure for the formation and maintenance of the Russian Register of Carbon Units (approved by the Order of the Ministry of Natural Resources and the Ministry of Economic Development of the Russian Federation dated 07.05.2007 No. 121/148).
The formation and maintenance of the BAT List is carried out by the organization - the administrator of the BAT List, appointed by the Government of the Russian Federation in accordance with the established procedure. Actually, the BAT List itself should consist of a software and hardware complex and an information resource. The information resource of the BAT List, in turn, is from the public website of the BAT List, located on the open Internet, and from the electronic database.
In the course of preparing the BAT lists, it is proposed to mostly implement the European BREFs in order to create a basis for convergence with European environmental standards and the implementation of information exchange with the EU countries. When forming and subsequently updating the lists of BAT, it is important to take into account the environmental aspect, which provides that its application ensures the protection of the environment as a whole, and not individual components of the natural environment, and the economic aspect, which provides for the possibility of using the technology in the relevant industries and its free acquisition and implementation. The technology will be the best only if its application takes into account the financial capabilities of most economic entities.
All issues related to the criteria for classifying technologies as BAT, the procedure for preparing and updating BAT lists, the procedure for creating and operating a network of national BAT bureaus, as well as regarding the control and other powers of state authorities in terms of preparing BAT lists, should be included in the corresponding resolution of the Government of the Russian Federation on the procedure for the formation and maintenance of BAT lists.
An indicator of the efficiency of the enterprise's transition to the use of the best available technologies will be the technological standard of the enterprise, i.e. its specific indicators, which are:
Specific indicators should be used when calculating the planned volumes of emissions / discharges of pollutants, taking into account the maximum productivity (capacity) of production, which makes it possible to obtain data on the volumes of emissions / discharges of pollutants for any reporting period.
The actual values of the specific indicators should serve as a characteristic not only of the technology used at the enterprise and the activities carried out, but also to be taken as a basis when setting the limits for the impact on the environment and developing plans for the modernization of the enterprise in order to switch to BAT.
The creation of the specified organizational and legal mechanism will allow for the transition to more effective system rationing, stimulating the transition of enterprises to BAT, and allowing the establishment of standards that reflect the really achievable parameters. As a result of the transition, the system of monitoring and control over the negative impact on the environment will also be improved. The creation of conditions for the transition of enterprises to BAT will take approximately 3-5 years, depending on the timing of the preparation of BAT lists and the approval of draft regulatory legal acts.
When preparing the regulatory framework, priority should be given to the adoption of by-laws, implementing the mechanism laid down in the norms of existing laws. And in the future, or in parallel, it is necessary to amend the existing federal laws, unifying the terminology and detailing the necessary aspects of regulation.
The implementation of the concept should be carried out in two stages:
Improvement of the standardization system and the introduction of BAT is impossible without the formation of an appropriate legal framework. For the implementation of the existing norms of laws, which are of a declarative nature, it is necessary to prepare a whole system of new bylaws. Also, in order to bring the provisions of regulatory legal acts to uniformity and greater consistency, it will be necessary to amend federal laws. UC RUSAL sent to the Ministry of Natural Resources and Energy of the Russian Federation a draft of the Package of Measures to amend the current legislation and adopt new regulations to implement this Concept.
In the course of improving the rationing system, the main measures should be focused not on toughening administrative responsibility and increasing fees for negative impacts, but on the proper legal framework for establishing reasonable and achievable standards, as well as the procedure for enterprises to switch to BAT.
The issues related to the establishment of reasonable standards for permissible environmental impact, discussed above (Section II), are to be included in the relevant regulatory legal acts (for example, the decree of the Government of the Russian Federation on the standardization procedure).
The procedure for the transition to BAT must also be regulated in order to create conditions for such a transition, as well as to avoid cases of abuse on the ground. The most important are the following aspects:
These aspects should be reflected in the decree on the transition period and in the decree on the standardization procedure, newly adopted by the Government of the Russian Federation, and in order to bring the normative regulation to uniformity, it will also be necessary to amend the existing normative legal acts.
Since the main changes, the implementation of which will require spending budget funds, will be laid down in acts of the Government of the Russian Federation, and not in federal laws, there is no need to prepare a financial and economic justification in accordance with paragraph 3 of Art. 104 of the Constitution of the Russian Federation. Nevertheless, when submitting draft resolutions to the Government of the Russian Federation, it will be necessary to submit calculations, justifications and forecasts of the socio-economic, financial and other consequences of the implementation of the proposed solutions, as well as coordinate projects with all interested departments, including the Ministry of Finance of Russia.
The final creation of conditions for the transition of enterprises to BAT will be the basis for the beginning of the transition stage, which is characterized by:
An approach based on emissions / discharges is most in the interests of industrial enterprises, since it creates a transitional period during which the requirements for emission and discharge indicators will be gradually tightened. It is this procedure that is recommended to be used when enterprises are switching to BAT. In this regard, as mentioned above, the procedure for setting limits and their observance should be clearly spelled out in regulatory legal acts... The basis of environmental regulation within the framework of the transition period should be plans for the modernization of enterprises and the gradual achievement of standards for permissible environmental impact. At the same time, in the process of preparing and agreeing on modernization plans, not only sanitary and hygienic, but also technological, regional and social components should be taken into account.
The sequence of transition to BAT of enterprises will be as follows:
1. Assessment of the production activities of the enterprise and preparation of a modernization plan.
Preparation of a modernization plan is necessary if the volume of emissions / discharges of the enterprise does not meet the established standard for the maximum permissible exposure. The modernization plan should contain a description of production activities and the stages of implementation of the BAT, selected from the list of BATs and sufficient to achieve the permissible exposure standards.
2. Coordination of the modernization plan and the establishment of temporarily agreed limits.
The modernization plan is subject to agreement with the authorized territorial management body, taking into account the natural characteristics of the territory in which the activity is carried out, economic, technological and social factors. As a result of the approval of the modernization plan for the enterprise, temporarily agreed limits on emissions / discharges will be established. Also, a program for offsetting funds allocated by the enterprise for modernization against payments for negative impacts will be agreed.
3. Implementation of the modernization plan and phased implementation of BAT.
In the course of the implementation of the modernization plan, the authorized territorial management body will have the right to carry out control measures for the enterprise's compliance with the established limits and stages of modernization. During the modernization, the target standards for maximum permissible emissions / discharges should not be revised. The result of the introduction of BAT will be the achievement of maximum permissible standards and the transfer of the production activities of the enterprise to more environmentally friendly technologies. In the future, the standards may be revised in order to stimulate the continuation of the modernization process and improve the environmental situation in Russia.
Thus, one of the most important consequences of the application of the BAT mechanism, in addition to the general reduction in the level of pollution, will be the accelerated technological development. Enterprises that are forced to take additional measures to reduce the negative impact on the environment while maintaining the cost at a competitive level will have to pay special attention to the development of technologies, increasing their efficiency, and reducing all possible costs. The introduction of the BAT mechanism will also allow avoiding the establishment of uniform strict standards for all enterprises, which is impossible, given the variety of natural conditions of enterprises, raw materials used, production processes, etc.
The main result should be the creation of a simpler and more efficient environmental management system from the point of view of administration and application by enterprises. Its implementation will provide:
This approach is in line with the commitments made The Russian Federation in accordance with the policy of state regulation of environmental and technological safety within the G8.
