Integrated Industrial Emissions Control in Spain

Integrated Industrial Emissions Control and Polluting Activities

• Integrated Pollution Prevention and Control (IPPC) is a tool compared to Environmental Impact Assessments (EIAs). Its objectives include reducing industrial pollution, simplifying administration, and achieving technical harmonization.

Applicable Law in Spain

• Initial Model: Spain adopted a French-based model (RAC 1961) for regulating activities considered annoying, unhealthy, harmful, or dangerous. This involved issuing licenses through municipal processes.

• Problems Identified: The initial model faced issues with sectoral and corrective controls, along with inefficiency due to the offshoring of activities. Relocating polluting activities was seen as problematic.

• OECD Recommendation (1990): This prompted the development of a new 2007 Spanish law to improve efficiency and simplicity via integrated control. This replaced the previous regulation (RAC).

New Law (Law 34/2007)

• The new law aims to cover air quality and protection of the atmosphere. Regional regulations are used when regional powers have transferred authority.

• European Directive (IPPC): Integrated prevention and control. Examined in differing areas and with varying levels of control.

• Preventive Approach: Using Best Available Techniques (BAT) to avoid contamination through clean and medium technologies.

• Administrative Simplification: Streamlined procedures in a single administration.

• Global Perspective: Comprehensive analysis of environmental impact (visual, acoustic, waste, biodiversity).

• Regulatory Updates: Adaptation to advances in technology and regulatory means for municipalities to effectively manage control measures. Solutions and challenges of harmonization in decentralized states are important factors.

Scope of Application (Art. 2 TRLCPIC)

• Facilities subject to this law include industrial activities (in Annex I of the TRLCPIC) that exceed defined capacity thresholds, such as combustion plants, metal production, chemical industries, textiles, and leather.

• Applicable Regimes: Categorization according to environmental impact (high contamination vs. less impact) determines the application of differing regimes, encompassing French and regional regulations.

Integrated Environmental Authorisation (IEA) and Environmental Licence

• Technique 1: The IEA is a permit needed by major facilities (factories, waste treatment plants) for operations. The process includes Initiation, Instruction, Hearing and Proposal for a Decision, and Resolution and Silence phases.

Procedure Phases

• Initiation: The process begins with an application from the promoter containing technical projects, urban compatibility reports, and details of materials, emission sources, and planned technologies. Supporting documentation is also needed.

• Investigation: Includes detailed technical reports and project documentation.

• Instruction: Highly-qualified town planning reports are provided within 30 days to examine municipal adequacy. A public information period regarding the environmental impact. If there are discharges into inland waterways, a report from the River Basin Authority is necessary.

• Hearing and Proposed Resolution: The competent body hosts a hearing on environmental assessments. This process considers reports, issues raised during the investigation and hearing, and the public information period. Incorporation of binding reporting conditions with a response deadline is a key aspect.

• Resolution and Silence: A resolution is issued in 6 months. Outcomes are either Granting or Denial( or implicit denial by silence).

Challenges and Contentious-Administrative Appeal

• Binding reports can be opposed and challenged. Contentious administrative appeals involve defending the issued reports by the governing administration in the event of judicial disputes.

Obligations of the Account Holder

• Adherence to the IEA/AAI conditions and communication of modifications, incidents, and ownership transfers.

• Collaboration in surveillance actions and inspections.

• Compliance with relevant sector-specific regulations.

Closure of Activities

• Owners of facilities must evaluate soil and groundwater conditions, communicate results, and take action if significant contamination exists.

Review of Terms

• Periodic review to incorporate technological improvements (Best Available Techniques, BAT).

• A 4-year period after BAT conclusions for updates and revisions.

Environmental License (art. 51-65 LVPCCA)

• Aims to evaluate overall environmental impact and set limits on emissions to the atmosphere, water and soil, focusing on waste management, and encompassing other municipal aspects such as fires, security and health.

Application for an Environmental License

• Application with required documentation, deadlines for review and verification, public information periods, municipal environmental reports for smaller communities, hearings and resolution process, are key aspects.

Disciplinary Measures

• Inspections, self-control, and sanctions will address non-compliance with environmental conditions.

Sanctions (C. Discipline)

• Imposed for non-compliance with rules, and adherence to legal principles of legality, non-retroactivity, principles of specificity (typicality), responsibility, and proportionality. These principles help determine validity, determine the responsible party, and ensure sanctions are proportional to the violation.

Escalation of Sanctions

• Intentionality and repetition of offenses impact escalation. Nature of damage and recidivism—a formal record of repeating offenses within a 1 year period—are key criteria.

Rules for Financial Penalties

• Minimum and maximum limits for penalties.

• Expertise to determine cost-effectiveness of environmental infringement.

• Conditions for increasing penalties beyond the benefit derived from the infraction. The judicial organs may impose administrative penalties or criminal conviction as a resulting measure.

Emissions Inventory

• Documentation of information on pollutant emissions via various industrial activities and other sources. The goal includes collection, evaluation, and management of emission data.

Emissions Trading Scheme (ETS)

• The system, operating throughout the EU and additional countries, provides a market-based approach to regulate greenhouse gas emissions

Environmental Responsible Declaration

• Companies that have activities with less environmental impact provide their declaration, and municipalities review these documents for compliance, deficiencies, or shady practices.

Review of Conditions

• The owner needs to submit information to the agency in regards to environmental results and data, consistent with Best Available Technology (BAT).

Modification/Extension of Facilities

• Substantial modifications must meet the specified capacity thresholds; require an environmental impact assessment; and successive non-substantial changes could require review depending on established criteria.

Termination procedure

• Reasons and circumstances for termination procedures, such as resignation, agreement, expiration, non-compliance, new circumstances, failure to meet inspection requirements or changes, can all trigger a termination process.

Cessation of Activities and Closure

• Owners of the facility must complete a thorough assessment of soil and groundwater, establish the extent of pollution, and determine the appropriate corrective actions

Closure of the facility

• Measures to restore the site to its original condition and reporting to relevant authorities.

Explore the evolution and current practices of integrated pollution prevention and control in Spain. This quiz covers the transition from the initial model to the 2007 law, highlighting key objectives and identified issues. Test your knowledge on environmental regulations and their impact on industrial activities.