Luna Notes: Topic 3 - Integrated Control of Industrial Emissions and Activities
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Summary
These notes cover Integrated Pollution Prevention and Control (IPPC) in Spain, including background information, applicable legislation and European Directives. The notes discuss the concept of integrated pollution control, and compare it to sectoral control. The text also explains how the IPPC regulation works in practice compared to the UK's implementation.
Full Transcript
# Topic 3 - Integrated Control of Industrial Emissions and Activities ## Pollutants Here, it describes industrial activities. Integrated pollution prevention and control are a much newer tool than EIAs. ## I. Applicable legislation ### A. Background In Spain, a French Cortes Model is going to...
# Topic 3 - Integrated Control of Industrial Emissions and Activities ## Pollutants Here, it describes industrial activities. Integrated pollution prevention and control are a much newer tool than EIAs. ## I. Applicable legislation ### A. Background In Spain, a French Cortes Model is going to be incorporated: activities classified with a municipal license (= certain activities that can generate gdpm need administrative control beforehand, and municipal authorization to be carried out). Nuisance activities: commercial and industrial establishments. * **RAC (1961):** Decree 2414/1961, of 30 November, approving the regulation of Annoying, Unhealthy, Harmful and Dangerous activities. * **approve, condition, or deny** **The idea was that what was annoying we put it far away and it no longer bothers: relocation produced in Eastern countries.** North American and international doctrine is beginning to signify the ineffectiveness of the legislative approaches applied in the first decades of industrial pollution control. It points out two aspects: * **Control is sectorialized.** * **Corrective approaches are applied, but not preventive.** They realized that it was not so good to practice the delocalization of the evil so they decided to reduce the impact and pollution by an Integral intervention model. In 1990, an OECD recommendation was issued recommending that States apply new, more effective standards. In particular, it refers to integrated pollution control, which would be more effective and simpler than sectoral control. The CR was repealed (although it is maintained in some communities where it is not polluted, and there are no regional regulations) and replaced by Law 34/2007, of 15 November, on Air Quality and Protection of the Atmosphere (*when there is regional competence, regional regulations are applied*). * **Incorporation of a European Directive on Integrated Prevention Pollution and Control (IPPC)** Integrated pollution prevention and control (IPPC) is an instrument of direct regulation, and not a market instrument, because all the weight falls on the administration, which sets standards that industries have to meet in order to function. With the aim of reducing pollution and simplifying the administration in substance (= necessary internal approach of a technical nature, technological conditioning of the final decision) and form (= concentration and integration of procedures for better legal certainty). * **An INTEGRATED control is applied**: It adopts a global perspective of the environment, it does not differentiate between sectors: examination in different areas (visual impact, biodiversity, acoustics, waste) in certain activities that may require very diverse controls and the gap is that it needed different procedures, it was administratively simplified making a comprehensive control for the promoter of the activity. (which must be managed by the municipalities at that time, the large municipalities were previously the protagonists). *The main Pbm that will result is that the municipalities did not have the technical means to control these industrial activities.* In the UK, there is a concept that does not exist in European law, which is "the best environmental option" as far as the industrial facility is concerned. Well, a unitary concept of the environment is applied, and there is a single procedure in all industries that have to present the documentation to a single administration. It is a preventive technique, it tries to prevent contamination from occurring. For this, the use of clean technologies is required, through the concept of "best available techniques". It's a very interesting concept. It is a mechanism for harmonizing the world of law and the world of technology. The idea is that the standard is always updated in the face of technical advances. **The PCIC only applies to industrial activities.** ### B. IPPC Regulations Currently, Directive 75/2010, on industrial emissions, is applied in the EU, which repeals Directive 1/2008, which replaced Directive 96/61, issued 6 years after the OECD recommendation, in 1996. These directives have a major impact on the market and industries: all pre-existing industries had to be adapted. There were some problems in decentralized states, to harmonize the procedure, notably in Spain. This directive was a success. The authorities of the MS have begun to grant permits to operate to the most polluting industries. The EU rules only concern the most polluting industries, not all industries. * **In the state:** * The 1996 directive was transposed into state law with Law 16/2002. * **The State Law is the main standard**: Law 16/2002, of 1 July, on integrated pollution prevention and control And Royal Legislative Decree 1/2016, of 16 December, approving the revised text of the Law on Integrated Pollution Prevention and Control (TRLCPIC) → integration of the EU directive at national level. * **In the autonomous area of the Valencian Community Autonomous regulations, the first is the Catalan one.** * In the Valencian Community, the transposition of this directive was used to extend the directive to all industries, not only the most polluting, but with fewer requirements for the least polluting ones. The following was approved: * **Law 2/2006, of 5 May, of the Generalitat, on Pollution Prevention and Environmental Quality, of 15 September, → integration of integrated assessment into the regional scope.** * It restructures the DF4º environmental authorisation system: * declares the RAC inapplicable in the CV * D.D.: repeals Law 3/1989, of 2 May, of the Generalitat, on Qualified Activities. Annex II: the list of activities subject to the environmental licence regime. * **Law 6/2014, of 25 July, of the Generalitat, on Prevention, Quality and Environmental Control of Activities in the Valencian Community (LVPCCA)** * General framework for the control of activities * Incorporates European criteria (Directive 2010/75/EU) * Modified, among others, by Decree-Law 7/2024, of 9 July, of the Consell, on simplification * **Administrative Office of the Generalitat** * The Autonomous Communities regulate the procedure and authorisations for the least polluting industries. These industries do not need integrated environmental authorization ## II. Scope of Application * **Art. 2 TRLCPIC**: "Publicly or privately owned facilities in which any of the industrial activities included in the categories listed in Annex 1 are carried out and which, where appropriate, reach the capacity thresholds established therein" (NOTE: also modifications) The state law applies to large polluting industries, which are according to criteria set out in Annex 1 of the law. The categories subject to the PCIC (Combustion plants, Metal production and processing, Chemical, textile, leather, Carbon industry...) * **Very aggressive activities: integrated control** * **Activities that are not very aggressive:** French system (RAC) * → Numerus clausus (Fixed production facilities at municipal level) Activities with a lower environmental impact not included: RAC / Regional regulations ### Exceptions * **Objective:** * Facilities or parts thereof used for research, development and experimentation of new products and processes. * **Special regime:** * Mobile activities (transport) or transport networks with fixed installations (train tracks, electricity transport, hydrocarbons). * Facilities, systems and networks of supra-municipal scope (there is an escalation in the decision, an inter-administrative decision, each council is going to be heard but the product, granting is unique: a final authorization is valid as general). * Facilities, systems and networks of supra-municipal scope. * **Installation:** * Facilities subject to special regimes (ports). Example: Supra-municipal * Participation of local authorities in the decision-making process * Integrated environmental assessments in a single procedure: TR Basic Standards - Inter-administrative resolution ## III. Technical: Integrated environmental authorisation and environmental licence ### 1. The Integrated Environmental Authorisation (IAA) Before, everything worked with sectoral authorisations: depending on the industry and the authorisation, there were different administrations competent to authorise the industry to carry out its activity. The AAI creates a single procedure, and a single authorization for industries that are listed in Schedule I of the state law. This is an "environmental one-stop shop", with an integrated nature, which covers the following procedures (waste authorisations, air pollution, accidents, discharge authorisations, activity licence, impact assessment, urban aspects) To respect the powers of the administrations, the technique of reports is used, which are binding. It is a complex decision-making procedure, in which several administrations intervene and decide. ### 2. The Environmental License: Articles 51-65 LVPCCA. It is the state instrument that comes to encompass all of the above, * Comes to replace the RAC to all projects that have an inferior impact, it comes with less toxic or harmful products. * The activities of Annex II of the Valencian law (Law 6/2014) → in relation to the French law are subject to environmental licensing * The environmental license also incorporates specialities in different areas **Purposes of the environmental license** * To assess how the activities affect the environment as a whole, including all the environmental conditions necessary for the prevention and reduction at source of emissions into the atmosphere, water and soil, and the appropriate management of the waste generated. * To integrate, together with the strictly environmental aspects, those pronouncements of municipal competence relating to fires, accessibility, safety and health of people required for the operation of the activity by the regulations in force in such matters. ### Protective Reports * Outline of the Licensing Procedure **It begins with an application that incorporates all the doc that seems necessary → verification that all the requirements have been complied with, in case 20 days pass and that it does not meet all the requirements within +15 days public information 20 days and 10 (half) (If works are to be carried out, it is possible that documents of occupation of the public domain IP may be incorporated: public information in the case of the adjoining 10 other days.), → in view of the PI the mandatory reports are requested. What happens if a report is not produced on time?, we continue nothing happens only if it is a report it stops in case it is decisive. → The opinion will be issued: environmental opinion of the municipality. If it is a municipality of less than 10000 inhabitants there is an (environmental impact assessment) commission 25 days: the promoter will assess the opinion, these technical reports will be fundamental, some are binding. → Hearing: The body that has issued it is allowed to allege; contradiction → resolution: 6 months and negative silence: (no, denied: 2015 administrative reform what changed was silence) Later it may happen that the installation has to be built and it will be verified that the conditions are met. The license may be subject to environmental evaluation, if there is prior authorization. Sometimes a verification by a collaborating commission is authorized** ### 1. Content of the Environmental License * Requirements for the protection of the environment as a whole - emission limit values * Preventive, control or guarantee measures in accordance with the environmental opinion (it will be fed with measures to ensure that the level of protection is maintained) * Others in the other aspects of municipal competence ## II. Discipline: Inspections The license can vary, evolve. Any action carried out by or on behalf of the competent authority to check, promote and ensure the adequacy of the installations to the conditions of the integrated environmental authorisations and to control, if necessary, their environmental impact. A person will ensure that the content of the authorization is respected (document promoter) Purpose of control, the purpose of the inspection is to guarantee compliance with the environmental regulations of the activities or facilities under the scope of application of the TRLCIC art 30 standard. * Examples: * visitas in situ * Emissions measurement * Checking internal reports and monitoring documents - Checking self-checks * Testing of techniques used * The adequacy of the environmental management of the facility. * **Art. 30 TRLCIC**: The Autonomous Communities shall be competent to: * Adopt precautionary measures * Adopt control and inspection measures * Exercising sanctioning power * That function is a legislative power. * **(Supra-autonomous effects: rivers)** * All this without prejudice to the State's competence in this matter with respect to discharges into basins managed by the General State Administration. * → The impulse is made by the administration; the administration and its agents carry out the inspections, there can be private collaboration. * The bodies competent in matters of inspection may designate entities that demonstrate the appropriate technical capacity, to carry out, on their behalf, material inspection actions that are not reserved for public officials. In no case may these actions deal with the design of inspection systems, plans or programmes. * **Examples**: Seprona, CNP (Environmental Units). * **The environmental inspection of installations includes the analysis of the full range of relevant environmental effects of the installation concerned.** * **The results must be made available to the public within four months of the end of the on-site visit There is no basic regulation on the procedure in this area: Reference to regional regulations** **Problems**: * Access to Facilities: No access to confidential information, not accessible Evidence. * Evaluation of technical reports. * Surprising nature of the inspection **In the case of Valencian law, Arts. 77-85 LVPCCA.** **Powers for inspection → Public officials inspectors: they are agents of the authority e.g. : Camping: environmental license** **Faculties (what they can do)**: * Access, after identification and without prior notification, to the facilities. * To draw up the inspection reports. * To request information and to carry out the necessary examinations and controls to ensure compliance with the provisions in force and the conditions of the corresponding environmental intervention instrument. * Any other legal or regulatory powers. * Officials may act with the assistance of non-official collaborators or of a private nature. → The result is poured into a doc, inspection act, document but not the facts. ## Discipline: Self-Control It can also sometimes reach self-control. A private collaboration in public management. It implies that companies, promoters will voluntarily adopt self-control mechanisms. It implies an "environmental" commitment. It is also used as a control mechanism. The competent bodies may require environmental self-control measures from the owners of the facilities that carry out any of the activities subject to integrated environmental authorisation or environmental licence, after hearing them. * Purpose: to control the impact of these facilities on the environment. * Example: eco-audits or environmental management systems such as ISO 14001 certification - Environmental Management Systems (EMS); it is an international standard that allows companies to demonstrate their commitment to environmental protection by managing the environmental risks associated with the activity carried out. * Self-monitoring results available for verification at all times * Content, scope and periodicity of the self-controls will be established in the authorisation or licence itself, or after its granting by express resolution, after hearing the interested party. ## Discipline: Sanctions "You have broken the rule, I make sure that you can no longer break it: prevent". The fact that it is provided for in the law as an infraction you are not going to comply with. Common regime of administrative sanctions: Regulation in articles 25 to 31 LRISP (Law on the Legal Regime of the Public Sector) 1. **Principle of legality:** (The infraction must be provided for in the law, formal or material legality. ) 2. **Principle of non-retroactivity or lex previa:**(Legal security framework. ) 3. **Principle of criminality:** (law must be very specific, greater typicity, greater legal certainty: Infringements must be described clearly, precisely and specifically in the applicable regulation, In the environmental context, infringements must be typified, for example, by polluting emissions, illegal dumping or non-compliance with the protection of fauna and flora. ) 4. **Principle of responsibility:** (the one who commits the infraction is responsible) 5. **Principle of proportionality:** (it has to be adequate to the purpose sought, sanctions are not used to order, control but punish, I try not to breach it again. We have to see what the legal reaction is to an infraction) From the framework in the law the administration will decide the sanction and fine, the sanction should not compensate but sometimes it compensates, and it is difficult to determine the sanction and sometimes the administration does not have the capacity and the means to control well. 6. **Principle of limitation of infringements** establishes a time limit for the Administration to initiate a sanctioning procedure from the time the infringement has taken place (minor 6 months/1 year; serious: 2 years; very serious: 3 years) Interruption of the statute of limitations: when the administration initiates actions or makes formal notifications. (To prevent infractions from being open to sanction indefinitely, diligent action by the Administration) 7. **Principle of non bis in idem:** prevents the same conduct from being sanctioned more than once for the same act and on the same basis. **Prohibition of duplication of sanctions:** If a criminal or administrative sanction has already been imposed for an act, it cannot be sanctioned again for the same reason. (No ADMV + Criminal sanction for the same act) against abuses and PP proportionality. **Adequacy between the seriousness of the infraction and the intensity of the sanction** * **Sanctions necessary to comply with the purposes of the sanctioning power organization and control. ** * *They are limited to the purpose of prevention and repression they do not operate as means of* * *Administrative sanctions, whether or not they are of a pecuniary nature, may not imply, directly or subsidiarily, deprivation of liberty.* * **b) Graduation criteria:** * *The existence of intentionality or repetition.* * *The nature of * *the damage caused.* * *Recidivism* * *requirements:* * *Commission in 1 year of more than one infringement of the same nature* *Declaration* *by final resolution.* * **Quantum Rules in Pecuniary Penalties:** * **Minimum limit:** it should not be more beneficial to pay the penalty than to comply with the rules. * **Maximum limit:** the law says nothing: it is understood that the limit is in the limitation to the maximum amount for the fulfillment of the purpose of the sanction. * **Profitability:** The benefit with which the functions are counted (?) is used. * **Specialty:** profitability of the infringement in the environmental field Special rules: raise the amount of the penalty above the profit. * **increase of the fine:** Art. 32.2. TRLPCIC: "When the amount of the fine is less than the benefit obtained by the commission of the infringement, the penalty shall be increased, at most, to twice the amount of the benefit obtained by the infringer." (minimum/taximит дате of competitions) benefit 10, fine 5, can be increased to maximum to 20. * **Valencian law, minimum 20:** because the CAA can deepen measures of greater protection (so how can 20 always be contradicted). * **How is profit obtained determined?** * Table of infractions and sanctions: * **The CM's reactions to infractions** may consist of: administrative sanction, criminal conviction, restoration of things to the state prior to the infraction committed, compensation for damages caused. * **The TR has a table of infractions and penalties** regarding non-compliance with the AAI Valencian Regulations: specialities in terms of prescription. ## VII Dynamics: Review of Conditions At the request of the competent body, the owner submits all the information of art. 12 TRLPCIC necessary for the review of the conditions. Where appropriate, the results of the emission control and other data that allow the operation of the installation to be compared with the best available techniques will be included. * **AAI** * When * Maximum period of 4 years from the publication of the BAT conclusions regarding the main activity of an installation. The review shall take into account all the conclusions relating to the BREFs applicable to the installation, from the time the concession was granted. Update or revision. * If the installation is not covered by MDT conclusions: when advances in the best available techniques allow a significant reduction in emissions. * Ex officio review: cases art. 26.4 * LICENSE: if justified by technical or scientific progress changes in the applicable environmental conditions. Assumptions of art. 62.3 LVCCA * **DYNAMICS: MODIFICATION OF FACILITIES SUBSTANTIAL MODIFICATION OR EXPANSION** * If, by its effect, the installation reaches the capacity thresholds of Annex I of the LVPCCA by itself - If it has to be subjected to the environmental impact assessment procedure * If the successive non-substantial modifications produced throughout the validity of the integrated environmental authorization involve the exceeding of the technical criteria of the DA 5th LVPCCA * The substantive environmental body may set more restrictive criteria in certain cases arising from the specific circumstances of the modification. * *If substantial:* requires AAI amendment procedure * **NON-SUBSTANTIAL MODIFICATION** * Communication to the City Council. It can be undertaken if after a month there has been no pronouncement to the contrary * **VIII. TERMINATION** * Causes of termination *(arts. 49 AAI and 64 LPCCA)* * The resignation of the holder. * The mutual agreement between the owner and the competent administration. * The expiration of the authorisation. * Failure to comply with the conditions of the authorisation/licence, the disappearance of the circumstances that led to its granting or the appearance of new circumstances which, if they had existed at the time of its granting, would have justified the refusal, after hearing the holder. * Failure to adapt to the conditions and requirements introduced by subsequent regulations or failure to carry out the periodic inspections required by, after hearing the owner. * Failure to comply with the new conditions established as a result of the modification or revision of the integrated environmental authorisation. * The definitive closure of the facility subject to integrated environmental authorisation, following the execution of the measures contemplated for this purpose in this law or that are established by regulation. * As a result of a sanctioning procedure * Termination due to expiration: * It must be formally declared by the City Council, after a hearing with the owner * Cases (arts. 50 AAI and 65 LVPCCA) * Possibility for the owner of the activity or facility to request an extension from the competent body, for justified reasons. * Failure to start the activity within a period of 5 years (AAI) or 3 years (LI), from the date of granting, unless a longer term is set in the latter. (for these purposes and with respect to the AAI, it should be taken into account that the authorisation may establish start periods for the different phases of project implementation) * Cessation of the exercise of the activity or installation for a period of more than two years, except in cases of force majeure. * **XIX. CESSATION OF ACTIVITIES AND CLOSURE** * The owner shall assess the state of the soil and the contamination of groundwater by the relevant hazardous substances used, produced or emitted by the facility. * Communication of the results. * If the installation has caused significant contamination of soil or groundwater with respect to the state established in the base report, the operator shall take appropriate measures to address such contamination in order to restore the site of the installation to that state. * The closure of the facility will be carried out under the terms set out in article 23 TRLCPIC. ## Emissions Inventory The structure involves determining an emissions limit (they cannot be 0) but in view of the existing technique it is determined which emissions are resonable for a structure. Verify in this inventory the history of the polluting emissions generated by the activities subject to environmental authorization and license, in order to monitor emissions. It is incorporated into the Air Quality Law 200è development 2018. * **Essential tool for collecting, assessing and managing information on pollutant emissions from various industrial activities and other sources. Implementation of the Industrial Emissions Directive 2010/75/EU (DEI), which regulates industrial activities with the aim of preventing and reducing pollution, recently amended by Directive of 24 April 2024.** * **The regulation of the Spanish inventory system is based on Law 34/2007, of 15 November, on air quality and protection of the atmosphere and Royal Decree 818/2018, of 6 July, on measures to reduce national emissions of certain atmospheric pollutants.** **Objectives:** * Control and reporting of emissions: Collect information on the quantities and types of pollutants issued by industrial facilities and other sources. Collect the information from the infrastructure, see what it emits and the evolution, follow-up. All environmental facilities/agents have to issue information on emissions (emissions direct and indirect: management of the waste of the companies themselves) is not self-control because they are obliged to provide information every X time (annual accounts of emissions). * Transparency: Provide authorities and the public with clear access to information on emissions, making it easier to assess compliance with environmental regulations. * It allows public administrations to monitor the evolution of emissions and evaluate the effectiveness of the policies and measures implemented. **Operation** * Industrial facilities subject to AAI (integrated environmental authorization) they must regularly submit their emissions data. * Information is collected for different pollutants, such as greenhouse gases (CO2, CH4, N2O), nitrogen oxides (NOx), sulfur dioxide (SO2), suspended particles, volatile organic compounds, among others. * In addition to direct emissions, other aspects such as waste management and resource use are also considered. ## IV. The Best Possible Techniques Rule These instruments do not end the day authorization is given but they need to be monitored, the company has promised to maintain a level of pollution. But if there are techniques that allow us to pollute less, the ad° says to include them in a report. It is the technical clause of the contract. (evolution) It is not new, it comes from previous regulations: * United States: Best Available Control Technology (BACT) 70's → Germany: Immission Protection Act 1990 * Spain: Air Pollution Protection Act 1972 **Estado de la técnica** Technical clause of the content of the authorisation, implies that the facilities must be adapted to the best available techniques, we want to eliminate, at least reduce emissions. * **Essential content**: refers not only to external pollution but also to internal pollution (working conditions, health) EX: with the accompanying conditions you work better. * **It requires that the installation be adapted to the best possible technology It responds to the ultimate objective of reducing pollution** * **External but also internal contamination (working conditions)** **Problems of legal certainty**: Authorisation conditional on technological innovations **BAT: Concept**: Technologies accessible to installations by their availability on the market "most effective in achieving a high level of protection of the environment as a whole, including human health and climate protection" * **Better = more effective** * **European context**: Directive 2024/1785 of 24 April: Techniques developed on a scale that allows their application in the context of the relevant industrial sector, under economically and technically feasible conditions, taking into account costs and benefits, regardless of whether the techniques are used or produced in the EU, provided that the operator can have access to them under reasonable conditions. * The US says that we have to be objective; Conditions : * 1. Accessible → on the market * 2. That they are applicable to the sector * 3. Company (at the micro level, if the economic situation can assume it taking into account the costs and benefits that result from it). Ex: mobile technology/pollution cars, price The city council does not really know what BAT is (too technical) it is regulated at the European level and it is the BAT itself that defines it, a reference document that gives the reference standards, the techniques that you have to assume to guarantee your level of pollution, the best adequate cost-benefit ratio is sought (without blowing up the staff). * **BAT are defined and updated at European level by industry sector through the Best Available Techniques Reference Papers (BREFs).** * **The aim of applying the BAT rule is to minimise pollutant emissions and the environmental impact of industrial activities without imposing disproportionate economic burdens on companies. This is achieved through the use of techniques that are sufficiently advanced and already available in the market.** ## Operational: How is it done? The AAI specifies the conditions under which the facility can operate, setting emission limits based on the applicable BAT for each sector. These limits are based on the conclusions of the BREFs adopted at European level. * Laws will be established: * Setting of emission limits: The emission limits set out in the AAI should be consistent with BAT. This means that they cannot be more permissive than the levels associated with the best available techniques, unless it is justified that compliance would be disproportionately costly or technically impracticable in a particular case. Depending on the type of installation, they can modulate more benevolently. * Periodic review: Authorisations should be reviewed and, where appropriate, updated, to ensure that the best available techniques continue to be applied as they evolve. BREFs are regularly updated and industrial facilities should adapt to the new BAT where applicable. * The main limit: **The cost of technological adaptation should not be excessive. **The most effective techniques are more expensive. **How do we interpret?** * General idea: Double criteria: money and time, the older the installation, the greater the difficulty in incorporating innovations. To what extent can we ask the company, it is not the same to update a new installation as a very old one where the economic effort is much greater. There is a micro vision, you cannot ask for the same, there is an imbalance. **For this, two weighting criteria are used:** * **Cost-benefit analysis:** if the reduction in pollution is considerable, the cost claim must be relativised (compensated) (incorporated in the directive of 24 April). Benefit: how does pollution go down with the new technique? * **Added cost:** if it involves significantly adapting the installation, the effort that must be made. (licensing dynamics issues at the end) **What can the Public Administration do? Are we only talking about technique?** We saw that the administration can review the conditions (dynamic: revision of the conditions) Variable ius of the ad° right to change the conditions that have been authorized in the installation. Commitment every 4 years to review or if I change... If the company has authorized the developer to install the facility and then to make it sustainable it has to put more money and it can't, what does it do? (subsidies, industrial conversion plan (the EC allows sectoral plans, indicative planning such as the FR model, the public administration has mechanisms: tax aid, planned promotion measures over 4-5 years). ## V. Emissions Trading System * **Europe is a market, a commercial way of managing the emissions trading system:** * **Concept and regulation of Emissions Trading System (CER):** * Trading system regulating greenhouse gas (GHG) emissions in the European Union and other participating countries. * Industrial facilities, power plants, and other large CO2-emitting sources must obtain permits to emit GHGs. * Each permit or "emission right" allows one ton of carbon dioxide (or its equivalent in other gases) to be emitted. * They can pollute to a certain extent, they have emission rights; Market: Emission rights can be bought and sold, the one that performs best can sell its rights. The purpose is to generate a market to reduce emissions. (comply and obtain an economic return) that is why the systems of social reintegration ? they are dangerous, there are activities that are not rewarded for money, only recognized. It rewards reducing emissions. * The ETS is a carbon market, where facilities can buy and sell emission allowances. Those that emit more GHGs than allowed must acquire additional allowances, while those that emit less can sell their surplus allowances. * Objective: to create a financial incentive to reduce emissions. Regulated by Law 1/2005, of 9 March. * **2 ways: one goes to the administrative route and the other a more financed route. The licensing and authorization system, trade regime.** * **Relationship to the AAI system** * Both schemes regulate industrial emissions, albeit with different approaches. * AAI sets emission limits for pollutants (including some greenhouse gases) through specific permits and the application of BAT: technical and direct regulation * The ETS introduces an economic dimension by allowing installations to trade GHG emission allowances: a market mechanism to incentivise further reductions. * **Decisions on emission limits set out in the AAI should be consistent with the requirements of the ETS. Art. 22.2. TRLCIC: AAI cannot include limit values for direct emissions of ETS gases unless necessary to ensure that no significant local pollution is caused. If necessary, the competent bodies will review the integrated environmental authorisation as appropriate.** ## VI. Environmental Responsible Declaration Concept * **(Article 4.5. LVPCCA)** * The regional regulation takes up the system of annoying, dangerous activities that it was I separate you; The Valencian Law 2014 eliminates this regulation from the 60's and regulates these activities, identifying different types of activities: more risks: authorization, less: license; harmless: they do not generate anything. Between the last two gray areas: they do not generate anything serious to ask for something is generated by the environmental responsible declaration, a control. * **→ The document signed by the owner of the activity, or his representative, in which he informs the administration that he is going to start the activity and states, under his responsibility, that he complies with the requirements established in the environmental regulations for its exercise, that he has the documentation that accredits it and that he undertakes to maintain compliance during the period of time that said exercise lasts, accompanied by the documentation established by this law.** * **Purpose**: activities with little environmental impact, which are not subject to the integrated environmental authorisation regime or the environmental licence but which cannot be considered innocuous as they do not comply with any of the conditions of Annex III → are not subject to a licence but are not harmless either (neither Annex II nor III Valencian Law) * **Municipal competence**: reception, verification of the documentation submitted, verification of deficiencies, opposition or issuance of a certificate of conformity and exercise of sanctioning power. * **Art. 69: within one month of its presentation, the City Council may:** * Verify the documentation submitted: license and for low: the city council has to analyze that the return has been filed well and that the docs comply with the law * Carry out a verification visit - Request its correction * Veto the start of the activity * Therefore, it only takes full effect if: * ✓ The certificate of conformity is drawn up * ✓ No check visit * ✓ If the visit is made, the City Council does not formulate opposition or objection * In practice: It is assimilated to authorisation, but different effects * In the face of the binding derived from silence, the responsible declaration is always revocable for reasons of legality, since it is considered that there is no administrative act but tolerance of the Administration. * A posteriori control? (prior communication and responsible declaration) Responsible declaration "with reservation of opposition" or with "delayed effectiveness" a month to verify, check (inspection) a month before starting if there is no veto, no visit or visit and you see it well. It is like an authorization but it is done faster, but it resembles an authorization. The procedure is different: if you ask for a statement, the silence is negative , it is revocable for reasons of legality. There are no conditions in the law, there is a certain legal uncertainty. * Not as a review of conditions where you know that you control it every 4 years, the mechanism to revoke this type of declaration is much easier. It's like an authorization with a silence, if he doesn't tell you anything you can do it. ## Communication of innocuous activities * **CONCEPT (Art. 4.4 LVPCCA)** * The document by which the owner of the activity informs the corresponding public administration of the start of the activity, as well as their identification details and other requirements that may be required for the exercise of the activity. * **Object**: Regime that falls on the innocuous activities detailed in Annex III of the LVPCCA because they do not have an environmental impact.. * → noise, pollution, dumping (conditions to assess the fact that they are harmless or not) if it does not do that it does not affect the environment. * EX: A greengrocer is harmless * The city council simply informs that this activity is going to be carried out, the city council controls the documentation a priori. A private act but once communicated generates legal-public effects (the law presumes that what you are communicating is true, it will be verified a posteriori) * **Municipal Competence**: reception, consignment or issuance of a certificate of conformity, verification of the veracity of data and documents provided, compliance with legal requirements and exercise of sanctioning powers. *