The new Industrial Emissions Directive

Competent authorities will be in a position to grant derogations, in specific cases, to set less strict emission limit values than those based on the emission levels associated with the best available techniques as described in the BAT conclusions. However, such derogations may only apply where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to environmental benefits due to the geological location or the local environmental conditions of the installation concerned or the technical characteristics thereof. Such derogations and their justification will be required to be made available to the public. These requirements are an improvement compared to those of the IPPC Directive where much less conditions were required from the competent authorities to provide such derogations.

In addition, the IED, in Article 21, introduces a requirement for permit conditions to be reconsidered, and where necessary, updated to ensure compliance with the Directive. The reconsideration must take into account all the new or updated BAT conclusions applicable to the installation and adopted since the permit was granted or last renewed. Such a review and update to be undertaken within 4 years of publication of the BAT conclusions, relating to the main activity of an installation.

BREF or ‘BAT reference document’ means a document, resulting from the exchange of information organised pursuant to Article 13, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex III to Directive 2010/75/EU. A similar concept definition was applicable under the Integrated Pollution Prevention and Control Directive (Article 16 (2) IPPPCD).

BATC or ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures (See on the website of the European IPPC Bureau (EIPPCB)).