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The implementation of industrial and infrastructure projects in the territory is not limited to generating economic or productive benefits. These developments also entail transformations and possible environmental impacts which, if not properly assessed and managed, can lead to significant risks for the viability and continuity of business.
In Spain, many projects and installations have had to face relevant environmental responsibilities not because of a lack of ordinary regulatory compliance, but because they did not adequately anticipate accidental scenarios with the capacity to generate damage to the environment. In this context, the analysis of environmental risks and the calculation of the associated financial guarantee become key management tools.
Regulatory framework: the essential to understand the obligation
Law 26/2007 on environmental liability stipulates that operators of certain activities are obliged to prevent, avoid and repair any environmental damage they may cause. In order to ensure that this obligation can be met, the legislation requires, in certain cases, the provision of a compulsory financial guarantee.
Royal Decree 2090/2008, which partially develops the Law, defines that such guarantee must be calculated on the basis of an Environmental Risk Analysis (ARMA). Subsequently, Royal Decree 183/2015 specifies that the amount of the guarantee will correspond to the cost of the primary repair project, to which are added the costs of prevention and avoidance of damage.
More recently, Law 7/2022 on contaminated waste and soil for a circular economy extends this obligation to waste managers, reinforcing the importance of these analyses in an increasing number of activities.
Environmental Risk Analysis (ARMA) as a starting point
The ARMA is the technical basis on which the whole process is built. Its objective is not only to comply with a legal requirement, but also to identify in advance accidental scenarios that could lead to significant damage to natural resources.
A properly developed ARMA allows:
- Know the environment and its starting state.
- Identify hazards and initiating events associated with the activity.
- Analyse the vulnerability of environmental receptors.
- Assess the frequency and severity of accident scenarios.
In order for the analysis to be valid, it must comply with UNE 150008, which structures the study into clear and traceable phases, also facilitating its review by the competent administration.
Practical example: when analysis makes a difference
Take the example of an industrial facility located in an environment with agricultural soils and nearby surface water bodies. The preliminary analysis identifies an accidental scenario associated with a loss of containment of a hazardous substance, with potential effects on soil and water.
The assessment of this risk makes it possible to define specific mitigation measures, such as the improvement of secondary containment systems, the optimization of maintenance plans or the implementation of early response protocols. These measures reduce both the likelihood of occurrence and the magnitude of potential damage.
If, in addition, these actions are integrated consistently into the operation of the facility, the result is not only a reduction in environmental risk, but also a decrease in the amount of the associated financial guarantee, by limiting the scope of the reference scenario.
On the other hand, circumventing this analysis or addressing it in a purely formal way can lead to scenarios of greater impact, increasing the economic responsibility of the operator and generating significant reputational and operational risk.
Selection of the reference scenario and monetization of damage
From the ARMA, the reference accidental scenario is selected, understood as one that, considering its probability of occurrence, concentrates the greatest environmental damage and represents at least 95% of the accumulated risk of the installation.
On this scenario the monetization of environmental damage is carried out, which includes:
- The costs of primary repair, aimed at returning resources to their basic state.
- The costs of supplementary repair, where full refund is not possible.
- Compensatory repair costs, associated with temporary loss of resources.
To make these calculations objective, tools recognized by the administration are used, such as the Environmental Damage Index (IDM) or the MORA software.
Determination and provision of financial security
The final amount of the mandatory financial guarantee is calculated from the cost of the primary repair project plus at least 10% for prevention and avoidance of damage. The regulation provides for exemptions and reductions based on the resulting amount and implementation of certified environmental management systems such as ISO 14001 or EMAS.
Once the amount has been determined, the operator must provide the guarantee by means of insurance, security or technical reserve and notify the competent administration through a declaration of responsibility.
Conclusion: a strategic tool beyond compliance
The analysis of environmental risks and the calculation of financial security should not be treated as a mere administrative procedure. Well-designed, they constitute a strategic tool for environmental management, which makes it possible to anticipate problems, optimize preventive investments and strengthen the legal certainty of the activity.
Based on the experience of EHS Techniques, a rigorous ARMA brings value to both the operator and the administration, facilitating more robust projects, better prepared and aligned with responsible environmental management.
Why choose EHS Techniques as an environmental consultant?
- More than 10 years of expertise working with large and medium-sized enterprises in sectors such as energy, food or tourism.
- Ability to offer specific and tailored solutions for each organisation.
- Real integration into customer teams, working as part of the company.
- A human team with high technical expertise and practical vision.
The EHS Techniques team guarantees a close and flexible service, adapted to each client’s needs, combining technical rigor with the implementation of advanced solutions at reasonable costs.
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