Consultation on modernising environmental permitting for industry

Sectoral BAT conclusions generally set emissions standards as a range, known as BAT associated emission levels (BAT-AELs). Section 4.35 of the Industrial Emission Directive EPRs Guidance on Part A installations, which is applicable in England and Wales, tells permit writers how to use the ‘BAT-AEL range when setting emission limit values (ELVs). The guidance currently stipulates that the ELV should be set at the top (least strict end) of the relevant BAT-AEL range, unless the installation is demonstrably capable of compliance with a substantially lower ELV based on BAT proposed by the operator.  

There was a previous public consultation through the UK BAT consultation (2022) on allowing regulators more discretion to select the most appropriate ELV within the BAT AEL range – in order to reduce emissions where economically and technically feasible. This determination would be made during the usual permitting process and so would involve regulators considering the appropriate conditions with the relevant industry. The change would ensure consistency in the approach taken in England with that of Scotland and would also align the UK more closely with the EU approach. The proposal was that this change would only take affect at the usual point at which an installation is due to have its permit reviewed.  

Recent feedback from industry has highlighted the value of having specific emission limits set out in legislation (which the current approach largely provides), which industry can plan towards without the need for extensive engagement with regulators. Since we consulted in 2022, the EU has also changed its approach, which is now that ELVs “shall be based on an assessment by the operator of the entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects”. This approach provides more specific instructions to regulators and operators and a clearer presumption of where in the AEL range that ELVs should be set (the strictest end), which could provide greater clarity, while maintaining the ability for ELVs to be set elsewhere in the range based on cross-media effects or local conditions. 

We propose working with the Welsh Government to consider the approach to BAT-AELs and ELVs and would appreciate feedback on the costs and benefits of different options.