Single Environmental License (LAU) and Annual Operation Certificate (COA)
By: Verónica Palafox Girón
Prevention and control of atmospheric pollution is one of the main axes established by the General Law of Ecological Balance and Environmental Protection (LGEEPA) in compliance with the preservation and restoration of ecological balance, as well as environmental protection.
In this sense, the LGEEPA points out that the Ministry of Environment and Natural Resources (SEMARNAT) must establish all necessary mechanisms and procedures, so that the interested parties conduct a single procedure, in those cases in which, for the operation and functioning of industrial, commercial or service establishments, several permits, licenses or authorizations are required, among those granted by the aformentioned Ministry.
In accordance with the this, LGEEPA‘s article 111 Bis points out that, for the operation and functioning of fixed sources under federal jurisdiction, which emit or may emit odors, gases or solid or liquid particles into the atmosphere, authorization from the SEMARNAT shall be required. In accordance with this and in order to determine the specific subsectors belonging to each one of the industrial sectors, whose organizations will be subject to the provisions of federal legislation, in all matters concerning the emission of pollutants into the atmosphere, the Regulation of the LGEEPA in Matters of Prevention and Control of Atmospheric Pollution (RPCCA), was created; and in the IX section of its 6th article, the LAU is defined as: the authorization issued by the Ministry for the operation and functioning of the fixed sources of federal jurisdiction in terms of the provisions expressed in the 111st Bis article of the Law.
Simarly, the LAU is an authorization based on the current environmental regulation for the operation and functioning of the Fixed Sources of Federal Jurisdiction in matters related to the atmosphere, which are listed below: Chemical, oil and petrochemical industries, paint and ink, automotive, cellulose and paper industries, metallurgy, glass, electric power generation, asbestos, cement and lime, and hazardous waste treatment.
For its part, the COA is the vehicle for reporting and compiling information on emissions and pollutant transfer onto the air, water, soil and subsoil, as well as hazardous materials and waste, used to routinely update the Emissions and Pollutant Transfer Database Log (RETC), which works as an extension of the LAU, that is, first he latter is obtained and then, on an annual basis, a COA, which summarizes the amount of pollutants that were emitted into the atmosphere during that period of time.
This way, thanks to the fact that the companies’ operations are monitored annually, the COA becomes instrumental in planning and decision-making for environmental matters, such as the adoption of clean technologies or programs for identifying environmental problems.
Furthermore, article 9th in the Regulations for the General Law of Ecological Balance and Environmental Protection regarding the Registry of Emissions and Transfer of Pollutants (RRETC), states that the following must be reported in the COA: (a) emissions from fixed sources —federal jurisdiction— from the chemical, oil and petrochemical industries, paint and ink, automotive, pulp and paper, metallurgy, glass, electric power generation, asbestos, cement industries and lime and hazardous waste treatment; (b) any generation of hazardous waste under the terms of the provisions from the applicable laws; (c) as well as any discharge wastewater into receiving bodies which are national waters.
Finally, it is important to point out that the LAU will be issued only once, without prejudice to the authorizations requested or issued by other competent authorities, while, as mentioned, the COA will be processed annually and within the first 4 months of each year.
Due to the importance of these instruments, at B+F we support and accompany our clients throughout the process in pursuit of the LAU, as well as in the processing and renewal of the COA. For this we have a team comprised of over 60 experts, including biologists, lawyers, geographers, and environmental engineers, who, by means of their professionalism, experience, and dedication, reduce any risk to our clients derived from the procedure.