UK BAT Consultation (UK)

From 1st Jan 2021, EU BATC (best available techniques conclusions) documents will not be applicable in the UK (except in Northern Ireland under the Ireland/Northern Ireland Protocol of the Withdrawal Agreement).

The UK is now consulting on developing its own approach to the creation of UK BAT documents. Here (and online – here). The deadline is 18 April 2021.

A new governance structure is proposed to enable BAT a’ Best Available Techniques’ to be developed within the UK. This would be formed of a new Standards Council, made up of representatives from the UK Government and Devolved Administrations, a new Regulators Group that will provide technical advice to the Standards Council, and Technical Working Groups for each new ‘Best Available Techniques’ under consideration.

The Council would coordinate a rolling programme for review of ‘Best Available Techniques’ within the UK. The programme will be informed by the time since the industry sector last had a ‘Best Available Techniques’ review as well as technical insight on new and emerging techniques and ‘Best Available Techniques’ development in other regimes around the world. This includes considering when general guidance on ‘Best Available Techniques’ developed for new processes or for unique installations would benefit from being considered through the new system. The decision on the future timetable will be based on technical advice provided by the Regulators Group, and instigation of ‘Best Available Techniques’ development can be proposed by any Council member. It is proposed that ‘Best Available Techniques’ currently under review by the EU, where UK industry and experts have already been involved, should be considered by the UK process, once established.

The Regulators Group will support the Council and provide oversight of the work of the sector specific Technical Working Groups. It will develop and regularly review the technical principles that underpin ‘Best Available Techniques’ within the UK, apply those principles when reviewing each sector ‘Best Available Techniques’ and will make recommendations to the Council on ‘Best Available Techniques’. The Regulators Group membership would comprise of representatives from the Environment Agency, Natural Resources Wales, Northern Ireland Environment Agency and the Scottish Environment Protection Agency as well as the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) (for offshore oil and gas installations).

Further detail is set out in the consultation document.

Industrial Emissions (BAT) (GB from 1st Jan 2021)

Yesterday, 14 Oct, the UK government issued a short guidance note on EU BAT (Best Available Techniques) from 1st Jan 2021 – here.

This confirms the UK will no longer be part of the EU-Sevilla BATC (binding BAT Conclusions) document production process from 1st Jan 2021.

The UK government note states

it would make secondary legislation to ensure the existing BAT Conclusions continue to have effect in UK law after we leave the EU, to provide powers to adopt future BAT Conclusions in the UK and ensure the devolved administrations maintain powers to determine BAT through their regulatory regimes.

The UK government will put in place a process for determining future UK BAT Conclusions for industrial emissions. This would be developed with the devolved administrations and competent authorities across the UK. The UK government’s Clean Air Strategy for England sets out actions for determining future UK Best Available Techniques for industrial emissions.

The note makes no mention of Northern Ireland, where via the Withdrawal Agreement Ireland/Northern Ireland Protocol, the EU Industrial Emissions Directive, and the EU BATC process would stay applicable in Northern Ireland.