Lesson 8 – Key recommendations for countries wishing to establish a BAT-based permitting system

Welcome to our lesson about the Key Recommendations for Countries Wishing to Establish a BAT-Based Permitting System. In this lesson, we will discuss the key principles and steps that countries should follow to establish a permitting system based on the Best Available Techniques (BAT).

BAT-based permitting should be built on an integrated pollution prevention and control (IPPC) approach. This approach integrates emissions to air, water, and soil, as recommended by the OECD Council Act on IPPC from 1991. This ensures that pollutant emissions and other environmental pressures are mitigated rather than shifted between different environmental media. In order to implement this integrated and holistic approach in practice, it needs to be reflected in the individual BAT-AELs.
The BAT framework should aim to improve the environmental performance of all industrial installations and introduce increasingly more stringent permit conditions. This requires that BAT and BAT-AE(P)Ls be derived from information pertaining to those industrial installations with the best environmental performance and from multiple countries.

BAT-associated emission and environmental performance levels should be technology driven. That is, they should reflect the environmental performance levels that can be achieved by implementing BAT or a combination of BAT, rather than be based on politically negotiated levels. The process to determine BAT and BAT-AE(P)Ls should be based on multi-stakeholder dialogue, and build on principles of open government, including transparency and participation. This helps secure that all relevant interest groups are allowed to participate and get opportunities to voice their opinion.

BAT and BAT-AE(P)Ls should be at least as stringent as those standards set out under relevant international conventions, such as the Stockholm Convention on Persistent Organic Pollutants, the Convention on Long-Range Transboundary Air Pollution, and the Minamata Convention of Mercury. When developing, revising, or adapting BREFs, countries may want to distinguish between existing plants and new plants. Rather than developing their own BREFs, countries can consider adopting those of other countries or adapting them to their national circumstances.

Countries wishing to pursue a BAT-based approach should reflect on the most appropriate approach in their circumstances, and use this guidance document accordingly by referring to those elements that are applicable to their situation. All countries are advised to follow the steps regarding the selection of sectors for the application of BAT-based permitting and for determining BAT-based permit conditions.

The pros and cons of taking a value chain approach should be considered. BAT is usually established at the level of each industrial sector or activity, with little consideration given to the interactions with the value chain. Thus, BREFs may prescribe BAT-AE(P)Ls that optimize environmental performance in one industrial process while at the same time could have negative environmental implications on, influence the costs of, or the need for new techniques in, other parts of the value chain.
Introducing a more thorough examination of value chain aspects by Technical Working Groups could be one way of addressing this issue. However, this requires addressing the trade-offs between considering a vast number of environmental aspects in a BREF, and settling on an adequate amount of time and resources, and the level of difficulty, needed to address them. Whether life cycle or value chain aspects are important depends on how significant they are in relation to the other environmental aspects that need to be covered.

In summary, establishing a BAT-based permitting system requires a comprehensive and holistic approach that considers multiple factors and involves various stakeholders. By following these key recommendations, countries can ensure that their industrial installations meet the highest environmental standards and contribute to sustainable development.