Luna Notes: Integrated Industrial Emissions Control PDF

**Topic 3: Integrated Industrial Emissions Control** **and Polluting Activities** - Objective: To reduce industrial pollution. / Simplify administration through a comprehensive and global control. / Preventive perspective and technical harmonization. **I. Applicable Law** **A. Backgrou...

**Topic 3: Integrated Industrial Emissions Control** **and Polluting Activities** - Objective: To reduce industrial pollution. / Simplify administration through a comprehensive and global control. / Preventive perspective and technical harmonization. **I. Applicable Law** **A. Background in Spain** **Initial model:** Incorporation of a French cut model, based on RAC 1961(Decree 2414/1961), regulated annoying, unhealthy, harmful and dangerous activities through municipal licenses. **Problems detected:** Sectoral and corrective control. + Inefficiency of the model based on the offshoring of activities. Doctrine realizes that it is wrong to relocate evil. A diagram of a new method Description automatically generated with medium confidence **Applicable law:** - **OECD Recommendation (1990):** Introduce integrated control for greater efficiency and simplicity. - Because of this, the new 2007 law was developed. - Replacement of the RAC (**Reglamento de Actividades Clasificadas** (Regulation of Classified Activities) - **NEW LAW:** Law 34/2007: Air Quality and Protection of the Atmosphere. But, regional regulations applicable when there are transferred powers. - European Integrated Pollution Prevention and Control Directive (**IPPC**: Integrated Prevention Pollution and Control) - **Integrated control:** examination in different areas, very different controls. - **Preventive Control**: Approach to Avoiding Contamination Using Clean and Medium Technologies - Done by using Best Available Techniques **(BAT).** - **Administrative simplification**: Unification of procedures in a single administration. - **Global perspective**: Comprehensive analysis of the environmental impact (visual, acoustic, waste, biodiversity). - **Regulatory update:** Adaptation to technological advances. - **Problems:** Municipalities without technical means to manage controls. Challenges in harmonization in decentralized states. - **Solutions**: Inter-administrative framework for facilities over the municipal level. - Simplified procedures for lower-impact industries. Environmental assessments integrated into a single procedure. **B. IPPC (Integrated Prevention Pollution and Control) Regulations:** In the European Union Directive 96/61/EC -\> Directive 2008/1/EC Directive → 2010/75/EU (current). - It regulates only the most polluting industries. **Impact:** All pre-existing industries had to adapt. **State Regulations** **Law 16/2002:** Integrated Pollution Prevention and Control (PCIC). Royal Decree **Legislative 1/2016:** Consolidated text of the PCIC Law. **Autonomous Community Regulations (Valencian Community)** Law 2/2006: Extends control to all industries with differentiated requirements. Law 6/2014: Incorporates European criteria (Directive 2010/75/EU) and restructures the Environmental Authorization System. Decree-Law 7/2024: Administrative simplification in industries with a lower impact. **II. Scope of Application (Art. 2 TRLCPIC)** Facilities subject to it: (Formerly sectoral authorisations) Industrial activities included in Annex I of the **TRLCPIC** (Consolidated text of the Law on Integrated Pollution Prevention and Control)that exceed capacity thresholds. (also modifications) - Examples: Combustion plants, metal production, industry chemical, textile, leather, etc. **Applicable regimes according to environmental impact:** - **High contamination (very aggressive):** Integrated control. - **Less impact:** French regime (RAC) or regional regulations. - Numerus clausus (Fixed production installations at the municipal level) **Exceptions:** - Research and development facilities. - Supra-municipal facilities, systems and networks - Mobile activities (transport). Transport networks (railways, electricity, hydrocarbons). - Intallations subject to special regimes (ports) - **Example of supra-municipal level:** - Involvement of local authorities in the decision-making process - Integrated environmental assessments in a single procedure: Basic rules TR - Resolution at inter-administrative level **Technices: the integrated environmental authorisation (AAI/IEA) and environmental licence:** **Technique 1: IEA (Integrated environmental authorisation):** - EIA is Permission that big facilities, like factories or waste treatment plants, need before they can operate.  **What is the an EIA:** The IEA is a written resolution of the **competent body of the Autonomous Community where the installation is located**. It gives permission for a facility to operate, either fully or partially, but only if they meet specific environmental and health safety conditions. - It integrates procedures such as waste authorizations, air pollution,spills, accidents, among others. - In order to respect the competences of the administrations, the technique of reports is used, binding (complex decision-making process in which several ADs are involved).. - Purpose: To ensure compliance with environmental legislation. Coordinate the public administrations affected. Incorporate European regulations to determine operating conditions. **In case of modification:** - Non-substantial: Positive silence (1 month), if the company makes a small change that is bad for the environment and the government dosent find out within a month, its okay. - Substantial: A substantial change that could impact the environment (e.g., adding new equipment that increases pollution), the facility must get formal approval, and the IEA must be updated.) **Procedure:** 1. **Initiation Phase:** It begins at the request of the promoter with an **application** that includes: \- Technical project with urban compatibility report. -Description of raw materials, emission sources, planned technology. -Favorable urban compatibility report necessary to continue. **Documentation to accompany the application:** - Technical project: content of article **12.a) TRLCPIC** - Report from the City Council where the installation is located: compatibility with urban planning - Documentation required by water and coastal legislation - Other documentation required by applicable sectoral legislation - Non-technical summary - If necessary: Environmental impact assessment A purple rectangle with white text Description automatically generated **Investigation Phase:** Required documentation: \- Technical project. \- City Council report on urban planning. \- Documentation required by water, coastal and sectoral legislation. -Non-technical summary. \- Environmental Impact Study (if applicable). 2. **When investigated, Instruction is given by the city council:** \- Highly qualified town planning report \- Report on the adequacy of the installation in all aspects of municipal competence (30 days). \- Public information period (30 days) River Basin Authority (mandatory and binding report) if discharges into inland waters are generated.  3. **Hearing and Proposed Resolution:** - The **hearing** for the IEA applicant is on environmental assessment, and is carried out by the competent body - **Resolution** proposal a incorporates the conditions resulting from the binding reports issued and decides on: i. other reports, ii. issues raised by applicants during the investigation and hearing process and iii. resulting from the public information period. - Incorporation of binding reporting conditions. Deadline for Response allegations (15 days). A blue square with white text Description automatically generated 4. **Resolution and Silence:** - Resolution within 6 months: Granting. Denial - Express. Negative silence (implicit denial). - Content (art. 22 TRLCIC, integrated pollution prevention and control) - Official publication of the resolution.  **Challenges and Contentious-Administrative Appeal** Binding reports may be subject to opposition. Possibility of challenging the decision final or binding reports. Contentious-administrative appeal: In the event of a judicial appeal, the binding reports must be defended by the administration that issued them. Opposition: Challenge of the ADVA resolution, challenge of the aforementioned binding reports Specific. Allegations (15 days). **Obligations of the Account Holder** \- Have the IEA/AAI and comply with its conditions. \- Communicate: Modifications in the installation./ Incidents or accidents that affect the environment./ Transfer of ownership. \- To provide assistance and collaboration, in surveillance actions, facilitate inspections and controls. -Comply with applicable sectoral regulations. **Closure of Activities** **Review of Terms** - Periodic review to incorporate technological improvements (BAT). The administration undertakes to follow the activity so that there are no other environmental Environmental Problems. They are added to the IEA. - 4-year period after the publication of BAT conclusions when it is known how they are going evolving techniques, updating and revision. - When evolution is going to gain in protection, have a favorable impact, there is no framework legal (not covered by BAT findings). - Ex officio reviews: Art. 26.4 TRLCPIC. **Tecnique 2: The Environmental License (art. 51-65 LVPCCA)** - **LVPCCA: Ley de Prevencion, Calidad(quality) y Control Ambiental de Actividades en la Comunitat Valenciana** - **Regional law in the Valencian community** **Goal for implementing an environmental lisence for companies:** \- emission limit values \- preventive, control or guarantee measures in accordance with the environmental opinion \- other environmental licenses in other areas of municipal competence **Legal basis of the environmental lisence:** - Articles 51-65 of the LVPCCA. State instrument replacing the RAC for projects with a lower environmental impact. Applicable to the activities listed in Annex II of Law 6/2014 of the Valencian Community. Incorporates specialties in different areas. **Purposes of the Environmental License** a. To assess the overall environmental impact of the activities: Prevention and reduction of emissions to the atmosphere, water and soil. Proper waste management. b. Integrate environmental and municipal aspects: fires, accessibility, security and health. **Environmental License Procedure** **→ Start:** Application with necessary documentation. Deadlines: 20 days to verify requirements. (verification)15 additional days if missing Requirements. **→ Public information:** 20 days (or 10 days in some cases). **→ Municipal Environmental Report:** For municipalities \