Lesson 7 – BAT Reference Documents and BAT Conclusions

Welcome to this lesson on Best Available Techniques Reference Documents (BREFs) and BAT Conclusions. In this course, we will explore the significance and development of BREFs and BAT Conclusions and their application in setting permit conditions for industrial installations in the European Union (EU).

Under the Industrial Emissions Directive (IED), the European IPPC Bureau (EIPPCB) at the EU Joint Research Centre (JRC) in Seville is responsible for developing BREFs. The procedures for identifying the Best Available Techniques (BAT) under the IED are similar to those under the IPPC Directive, which preceded the IED. However, the BAT established under the IPPC Directive were published as BREFs only, while under the IED, there are two products of the BAT identification procedure: BREFs and BAT Conclusions.

BAT Conclusions are published in the Official Journal of the European Union as standalone Commission Implementing Decisions, and describe the techniques selected as BAT and the expected environmental performance of those techniques. The BREF Guidance Document indicates that the technical stages of BREF elaboration can take up to 39 months, with an additional 12 months for opinion and voting. Thus, the development of BREF and BAT Conclusions for one sector should take about four years in theory, although this can be impacted by technical and procedural difficulties.

BREFs are adopted and published by the European Commission and made publicly available on the EIPPCB’s BREF website. They are used by permit issuers and industrial facilities and typically contain information on the concerned sector, applied processes and techniques, current consumption and emission levels, techniques to consider in the determination of BAT, BAT Conclusions, emerging techniques, concluding remarks, and recommendations for future work, and a glossary.

BAT Conclusions are separate and standalone products of the BAT identification process, and contain a description of the techniques, information to assess their applicability, the environmental performance levels associated with the use of BAT (usually including legally binding associated emission levels), associated monitoring, associated consumption level, and relevant site remediation measures (where appropriate). They constitute the references for setting permit conditions, including emission limit values (ELVs). ELVs must be set at a level ensuring that pollutant emissions do not exceed the BAT-AELs.

The IED allows competent authorities in the EU Member States some flexibility to grant derogations in individual permits that set less strict ELVs, in exceptional and tightly defined circumstances. Furthermore, the techniques listed and described in the BAT Conclusions are neither prescriptive nor exhaustive; other techniques may be used if they ensure at least an equivalent level of environmental protection. Industrial operators have the flexibility to use their own technique, or choice of techniques, as long as the end result is the same.

In conclusion, BREFs and BAT Conclusions are critical tools in setting permit conditions for industrial installations in the EU, ensuring that they meet environmental standards and protect human health. This online course will provide a deeper understanding of their development, application, and significance in the European regulatory framework.