Permits, emissions limit values and penalties -
Emissions limit values
According to Article 3 (5) of the IED this concept can be understood as the mass of an emission that may not be exceeded during one or more periods of time.
Article 14 requires the permit conditions to include at least emissions limit values for the substances listed in Annex II, but these conditions must be set in reference to the BAT conclusions (Article 14(3)). Article 15(3) more specifically requires that the emissions limit values shall be set on the basis of the BAT conclusions.
Nevertheless, there are three exceptions from the binding character of the BAT conclusions:
1. Article 15 (4) authorised less stringent emission limit values, if the imposition of BAT would lead to disproportionately higher costs compared to the environmental benefits due to:
- the geographical location or the local environmental conditions of the installation concerned or
- the technical characteristics of the installation concerned
→ Article 15 enables an extra cost-benefit-analysis, because the competent authority shall always document the reasons for the application of the flexibility measures in the permit (including the results of the cost-benefit assessment).
2. Article 18 requires stricter emissions limit values than those associated with BAT where this is required by an environmental quality standard.
3. Article 15(5) authorises temporary derogation for the testing of emerging techniques for a maximum of nine months.