site.btaParliament Adopts Legislation on Exceptions to Environmental Impact Assessment Requirement

Parliament Adopts Legislation on Exceptions to Environmental Impact  Assessment Requirement

Sofia, January 20 (BTA) - The National Assembly adopted amendments to the Environmental Protection Act on second reading on Friday, transposing into national legislation the EU directive on the assessment of the effects of certain public and private projects on the environment and the exceptions to the requirement for such assessments.

The amendments require that any refusal to carry out an environmental impact assessment should be supported by a decision of the Council of Ministers taking into account the expected adverse effects which an assessment procedure would have on national defence or disaster response.

The criteria for judging the need for an environmental impact assessment have been updated to include the risk of a major technological accident or a natural disaster, including such that can be caused by climate change.

The law now says that an environmental impact assessment determines, describes and assesses the direct and indirect major effects which an investment proposal can have on the population, human health, biological diversity, the subsurface environment, soil, water, air, the climate, tangible assets, cultural heritage, or the landscape.

The Environmental Protection Act amendments also imply revisions to the Clean Ambient Air Act. They provide for the creation of a public register of medium combustion plants which will be maintained by the Executive Agency for the Environment. A "medium combustion plant" is defined as a combustion plant with a rated thermal input between 1 and 50 MW, regardless of the type of fuel used in it.

The rules for control of emissions of carbon oxides, sulphur dioxide, nitric oxides and particulate matter released by medium combustion plants into the air will be established by an ordinance of the Council of Ministers. Violations of the rules will entail penalties.

Breaching the requirements for emission monitoring and compatibility assessment will carry a fine or a pecuniary penalty of 1,000 to 10,000 leva. The penalty will be doubled if the offender obstructs the actions of the controlling authority, or delays or fails to provide information required by that authority.