D.g.r. 7 June 2021 – no. XI/4837: “Regional guideline for the application of the requirements set out in Article 271 paragraph 7bis of Legislative Decree 152/06 and additional provisions for limiting atmospheric emissions of hazardous substances.”
On 28 August 2020, Legislative Decree 102/2020 of 30 July 2020 came into force, requiring that Operators of plants or installations where certain hazardous substances are present periodically submit (every 5 years or earlier in case of changes) a report to the competent Authority. This report must analyze the availability of alternatives, consider the associated risks, and assess the technical and economic feasibility of replacing the aforementioned substances. The deadline to submit this report is 28 August 2021.
WHO THE DGR IS ADDRESSED TO
DGR no. XI/4837 of 7 June 2021 is addressed to:
- operators of companies subject to authorization for atmospheric emissions and to Integrated Environmental Authorization (IEA).
- the relevant competent authorities (Provinces/Metropolitan City) to support the implementation of new provisions regarding atmospheric emissions.
WHAT THE REPORT SHOULD CONTAIN
The aspects that the Operator must consider and assess are as follows:
- verification of the presence of substances/mixtures listed in Table 1 (Substances/Mixtures under investigation) in the production process of the plant from which atmospheric emissions originate; in the absence of such substances/mixtures used as raw materials listed in the aforementioned table, or if present in quantities less than 10 kg/year (this quantity refers to each individual substance/mixture), there is no obligation to submit the report referred to in paragraph 7bis;
- analysis of the availability of alternatives: considering the characteristics of the company’s production process, the Operator will examine and report in the document submitted to the competent Authority the availability of any alternatives on the market, either in terms of less hazardous substances/mixtures or – if applicable – technologies. The Operator must highlight, if relevant, the absence of feasible alternatives or the unsuitability for the company’s production process, including any risks associated with the use of the new substances/mixtures.
- technical and economic feasibility of interventions: based on the analysis of alternatives, the Operator must proceed with a section of the report assessing the technical and economic feasibility of the interventions – and related implementation timelines – needed to replace the hazardous substances/mixtures with the identified alternatives.
This report must be submitted by 28 August 2021 and updated every 5 years or earlier in case of changes.
It is noted that failure to submit the report, in the cases mentioned above, results in an administrative fine ranging from 500 to 2,500 euros.
TEAM mastery is able to provide all necessary support to comply with the requirements of this DGR or to verify exemption status.
Sources:
DGR 7 June 2021 no. 4837 Lombardy Region »
Text of Legislative Decree 102/2020 »
Text of Legislative Decree 152/2006 and subsequent amendments and integrations »