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Industrial Soil Remediation Policy and Regulation in the European Union

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The Handbook of Environmental Chemistry

Part of the book series: The Handbook of Environmental Chemistry

Abstract

In this chapter, the complex landscape of industrial soil remediation policy and regulation within the European Union is explored. Furthermore, the chapter elucidates the role of these policies and regulations in advancing sustainable land use, safeguarding human health, and fostering environmental conservation.

The first section of this chapter addresses soil policies in the European Union. An examination of historical policies related to polluted sites will be addressed, with the aim of gaining an understanding of the present-day and latest policies pertaining to soil protection.

In Part 2 relevant pieces of EU legislation concerning soil protection are discussed, namely the Directive on Environmental Liability, and the Directive on Industrial Emissions (both of them, in relation to soil pollution prevention and soil pollution remediation), and the Directive on Environmental Impact Assessment (in relation to soil pollution prevention).

Part 3 covers the economic aspects of industrial soil remediation in the EU, where Member States aim to cut costs related to soil pollution while safeguarding public health, water quality, and fostering business confidence in sustainable land regeneration and soil use.

Ms. Espinoza-Tofalos is the author of Sects. 2, 3 and 5 of this Chapter. Mr. de Miguel is the author of Sect. 4.

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Notes

  1. 1.

    https://cordis.europa.eu/programme/id/FP4-ENV-2C.

  2. 2.

    https://ec.europa.eu/commission/presscorner/detail/en/ip_19_6691.

  3. 3.

    https://environment.ec.europa.eu/topics/soil-and-land/soil-strategy_en.

  4. 4.

    https://environment.ec.europa.eu/strategy/zero-pollution-action-plan_en.

  5. 5.

    See article 191.2 of the Treaty on the Functioning of the European Union, according to which Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

  6. 6.

    Given space constraints, references are made to the basic, general rules on prevention and remediation, and not to specific cases or exceptions. Likewise, other environmental rules not dealing primarily with soil pollution remediation or prevention will not be dealt with, such as rules concerning regulatory, criminal or civil liabilities for this type of pollution. And, in relation to the rules explained in this chapter, only those aspects concerning remediation and prevention will be discussed; other aspects which are also relevant, such as access to justice or public participation, will not be discussed, as they exceed the scope of this chapter.

  7. 7.

    Annex IV includes references, among others, to the land-use requirements during the construction and operational phases; natural resources (including water, land and soil) used in the operational phase; an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil, and subsoil pollution); a description of the relevant aspects of the current state of the environment (baseline scenario); and a description of the likely significant effects of the project on the environment resulting from, inter alia, the emission of pollutants, the disposal and recovery of waste, and the risks to human health or the environment (e.g., due to accidents or disasters).

  8. 8.

    ‘Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’’ – Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Brussels, 12.5.2021 COM(2021) 400 final. https://eur-lex.europa.eu/resource.html?uri=cellar:a1c34a56-b314-11eb-8aca-01aa75ed71a1.0001.02/DOC_1&format=PDF. Last consultation: 29 June 2023.

  9. 9.

    As an exception, a reference is made to certain waste incineration and waste co-incineration plants subject to the Directive, that must be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater (article 46.5), and where the operator must take all necessary precautions concerning the delivery and reception of waste to prevent or to limit as far as practicable, among others, the pollution of air, soil, surface water, and groundwater (article 52.1).

  10. 10.

    ‘Best available techniques’ means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole (article 3.10). Further definitions of ‘techniques’, ‘available techniques’ and ‘best’ are also included in this article 3.10. And in relation to the prevention of impacts on the environment, see Annex III (Criteria for determining best available techniques), especially indents 10 (the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it) and 11 (the need to prevent accidents and to minimise the consequences for the environment).

  11. 11.

    This article 22 is relevant as far as soil protection is concerned; it is explained below.

  12. 12.

    The frequency of this periodic monitoring shall be determined by the competent authority in a permit for each individual installation or in general binding rules. Without prejudice to the foregoing, periodic monitoring shall be carried out at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination (article 16).

  13. 13.

    The Directive includes other exceptions, such as environmental damages or imminent threats of such damages caused by an act of armed conflict, hostilities, civil war or insurrection; or a natural phenomenon of exceptional, inevitable and irresistible character (article 4.1).

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Authors and Affiliations

  1. Luxembourg Institute of Science and Technology, Esch sur Alzette, Luxembourg

    Anna Espinoza-Tofalos

  2. Comillas Pontifical University, Madrid, Spain

    Carlos de Miguel Perales

Authors
  1. Anna Espinoza-Tofalos
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  2. Carlos de Miguel Perales
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Correspondence to Carlos de Miguel Perales .

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Espinoza-Tofalos, A., de Miguel Perales, C. (2024). Industrial Soil Remediation Policy and Regulation in the European Union. In: The Handbook of Environmental Chemistry. Springer, Berlin, Heidelberg. https://doi.org/10.1007/698_2023_1069

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  • DOI: https://doi.org/10.1007/698_2023_1069

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