Greenhouse Gas Emissions Permit Application And Procedure

Original Language Title: Siltumnīcefekta gāzu emisijas atļaujas pieteikšanas un izsniegšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/88024

 
Cabinet of Ministers Regulations No. 400 in 2004 (April 22. No 24, 36) greenhouse gas emissions permit application and procedure Issued in accordance with the law "on pollution" 24.1 the third and the seventh paragraph and article 30 the first part i. General provisions 1 the questions determines: 1.1. greenhouse gas emissions permit (permit) application and issuance procedures, as well as the application and authorisation procedures for issuing them law "on pollution" in annex 2 to these polluting activities which the production capacity or production output does not exceed the law "on pollution" referred to in annex 2 indicators; 1.2. the application for a permit (hereinafter application) form and authorization form; 1.3. the conditions and procedures for individual installations may be exempted from authorisation; 1.4. period within which the operator for regional environmental Board (hereinafter Board) announces activity changes.
II. procedure for submission of the application for authorisation of the 2, the Administration in writing and electronically submit the application (annex 1). The application shall be submitted at least 90 days prior to the law "on pollution" in the fifth subparagraph of article 24.1 in a certain period or at least 60 days before the change of existing polluting activities.
3. the Operator of an application shall be accompanied by documents justifying the information specified in the application. The application shall indicate the references of the documents contained in the annex. 4. If the operator is not specified in the application all environmental laws regulating certain information or no information added by the supporting documents, the Board within 14 days after receipt of the application in writing to inform the operator about the additional information required. On the application of the deemed date of the day when the operator has provided all the information specified in these provisions for evaluation of the application. 5. The Board within seven days after making the application a copy of the electronically: 5.1 of the municipality in whose territory is being carried out or planned in the activity of the pollutant; 5.2. national agencies ' public health agency "branch; 5.3. The Latvian Environment Agency; 5.4. If necessary, other State and local authorities.
6. These rules 5.1 and 5.2 of the institutions referred to in 14 days of receipt of the submitted proposals for the administration of the permit and the conditions. Within the proposals that the Administration may be also referred to in 5.3. 7. If an application is different from the category (A) or (B) the conditions of the permit or the information in category (A) or (B), the conditions of authorization should be amended on the basis of the law "on pollution" article 31, first paragraph, point 5, simultaneously with the submission of the application administration, indicating necessary changes of category (A) or (B) the conditions of the permit.
III. Public participation in the screening of applications 8. Application and in accordance with the provisions of paragraph 7 of the information provided is available to the public. If the operator considers that some of the information is limited by the availability of information, it shall be submitted separately, and indicate the reasons why the information is considered a restricted access information. If the information with the Board's decision is recognised as a restricted access information, the Board provides its protection, taking into account the information transparency of regulatory legislation.
9. Seven days after making the application administration places a regulatory site on the internet notice of application received and the provisions referred to in paragraph 7 of the application, as well as deploy communication management space (where it can be consulted any interested person). The notification shall specify the place and the period to which you may be familiar with the documents submitted and submit proposals. The deadline for submission of proposals must be not less than 21 days from the date of acceptance of the application. 10. The Board within seven days after the acceptance of the application of this rule electronically. the notification referred to in paragraph 9 of the environmental non-governmental organisation that is interested in receiving such notifications and has made the Administration e-mail address to which you send it. 11. the administration shall inform the operator about the proposals received and shall indicate a time-limit within which to submit to the operator's explanation about them.
IV. The permitting procedure 12. When issuing an authorisation or decision of a refusal to issue a permit, the Board shall take into account information submitted and its evaluation, national and local institutions, as well as proposals and of the public operator.
13. If the notified bodies or the public proposes not to issue a permit, the Board shall issue the authorisation or adopt a reasoned decision on the refusal to issue the permit only after the operator given not less than seven days, to express their explanations in writing. 14. the model form set out in annex 2 of these rules. The authorisation shall use the same table, which in accordance with the provisions of annex 1 of the applications used. 15. the administration shall assess the application and these terms the application referred to in paragraph 7 and amend existing permit conditions or issue a new permit or refusal to accept amendments to the existing permit or issue a new permit, as well as, if necessary, amend the category (A) or (B) permit conditions. 16. the Administration revoke the authorisation if: 16.1 the machine finishes; 16.2. based on the operator's application, the equipment no longer carry law "on pollution" in annex 2.
17. The Board may revoke a permit if the operator: 17.1. has provided false or misleading information; 17.2. non-compliance with permit conditions.
18. For providing incorrect or misleading information operator is responsible legislation. 19. A copy of the permit, a copy of the decision on the change of the conditions of authorisation, on the refusal to issue a permit or on withdrawal of permission management in writing and electronically within seven days sent to the relevant authorities, relevant government agencies ' public health agency "branch, Ministry of environment, the Latvian Environment Agency, as well as the rules referred to in point 5.3 of the institutions and the rules referred to in paragraph 10 of the organisation. 20. the conditions of the permit and the provisions of paragraph 19 of the decision of the Latvian Environment Agency placed the site on the internet, as well as public open space.
V. conditions and arrangements that some installations may be exempted from authorisation 21. based on the operator's application who motivated the law "on pollution" 2. polluting activities referred to in the annex, the operator may be exempted from authorisation for a period up to 31 December 2007. The operator in the application must be justified that exemption from permit will not adversely affect the European Union's internal market.

22. The provisions referred to in paragraph 21 of the application shall be submitted to the Administration and the application shall be accompanied by information that substantiates that the operator is able to provide greenhouse gas emission monitoring and prepare annual reports on greenhouse gas emissions according to the law "on pollution" and other environmental protection laws and regulatory requirements. 23. If the operator is not specified in the application all the information specified in these rules or have not added the information supporting documents, the Board within 14 days after receipt of the application, in writing, inform the operator about the additional information required. On the date of acceptance of the application, be considered as the day on which the operator has provided all the information specified in these provisions for evaluation of the application. 24. The Board shall assess the application and upon coordination with the Environment Ministry and the Latvian Environment Agency decides to support operator or application to release the operator from the requirements to obtain authorisation not later than 15 days after the provision of the application referred to in paragraph 23. The decision of the Board in writing and electronically sent to the operator, environmental Ministry, Latvian Environmental Agency and the municipalities concerned. 25. If the Administration acted to support the operator application, the Latvian Environment Agency information on the operator's application, the attached documents and regulatory decisions in the public examination of the website on the internet. Deadline for submission of the proposal for public should not be less than 14 days. The operator places the newspaper "journal" information on application and internet homepage where you can find information, as well as indicate where you may get acquainted with the documents submitted and the address at which the company presented proposals. 26. The Latvian Environment Agency inform the operator about the proposals received and shall indicate a time-limit within which to submit to the operator's explanation about them. 27. the environment agency assesses proposals and of the public operator's explanations and prepare summary information for submission to the European Commission. 28. the Environment Agency, the European Commission submitted a request to the time the equipment be removed from the European Union emission trading system (hereinafter petition). The request shall specify the period of time for which the equipment is planned to be exempted from authorisation, equipment monitoring, reporting and verification requirements, and requirements that the operator will have to comply, if it will be exempt from the authorisation as well as for liability for failure to fulfil obligations. The request shall contain information concerning the consultation with the public and the evaluation of results. 29. If the European Commission decides on equipment from the European Union emission trading system, the Board shall take a decision on the release from the equipment authorization for a certain period of time. Decision the Board instructs the operator during the period to which it exempted from authorisation, to ensure monitoring of emissions of greenhouse gases and to prepare annual reports on greenhouse gas emissions, according to the law "on pollution and other environmental regulatory laws and requirements, as well as carbon dioxide (CO2) emissions limit.
Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 13 October 2003 of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community and amending Council Directive 96/61/EC.
Prime Minister i. Emsis Minister of environment r. vējonis