1. BAT - BREF
Their scope
Rob Kramers
Senior advisor
InfoMil

2. Content
BAT
BREF
EQS
BAT and ELV’s

3. BAT (1) 96/61/EC - article 3 (a)
“all the appropriate preventative measures are taken against pollution, in particular through the application of the best available techniques”

4. BAT (2) Best Available Techniques 96/61/EC - article 2 (11)
“Most effective and advanced stage in the development of
activities and their methods of operation which indicate the
practical suitability of particular techniques for providing in
principle the basis for emission limit values designed to
prevent and, where that is not practicable, generally to
reduce emissions and the impact on the environment as a
whole.”

5. BAT (2) Best Available Techniques 96/61/EC - article 2 (11)
This means:
“the most effective and advanced …….. techniques for providing ………. emission limit values …. to prevent emissions and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole.”

6. BAT (3)
BEST - most effective in achieving protection of the environment as a whole
AVAILABLE - economically and technically viable, considering costs and advantages, reasonably accessible
TECHNIQUES - technology used and how the installation is designed, built, maintained, operated and decomissioned

7. BAT (4) Economic criteria for BAT decisions Market structure
Industry structure
Resilience of the sector
BAT costs as a percentage of total costs
Speed of implementation

8. BAT (5) Considerations for BAT decisions are in Annex 4
Last consideration in annex 4:
“..information published by the Commission concerning BAT ..”

9. BREF - BAT Reference Documents (1)
96/61/EC article 16(2)
“The Commission shall organize an exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them. Every three years the Commission shall publish the results of the exchanges of information.”

10. BREF - BAT Reference Documents (2)
A BREF is:
not prescriptive
not a legal interpretation of the directive itself
not exhaustive
not taking into account the local conditions or circumstances

11. BREF - BAT Reference Documents (3)
A BREF is:
a reference document
a guidance for the licensing authority
a result of the information exchange process between MS, Industry and green NGOs
providing possibilities to generate a high level of protection of the environment as a whole
a harmonisation of environmental legislation within the EU

12. BREF - BAT Reference Documents (4)
BAT Reference Document (BREF) Structure
Chapter General Information
Chapter Processes and Techniques
Chapter Consumption / Emission Levels
Chapter Techniques for Consideration as BAT
Chapter BAT Conclusions
Chapter Emerging Techniques
Chapter Conclusions / Recommendations
Annexes

13. BREF - BAT Reference Documents (5)
Chapter 5 BAT Conclusions are:
A focus/basis for determining installation specific BAT
A benchmark for judging existing or proposed installation performance - “levels associated with BAT”
A starting point for determining permit conditions
General sector BAT conclusions at a European level

14. BREF - BAT Reference Documents (6)
Chlor-alkali
Pulp & paper manufacture
Cooling systems
Iron & steel production
Non ferrous Metal processing
Ferrous Metal processing
Cement & Lime production
Glass manufacture
Textile processing
And 6 more

15. Environmental Quality Standards (EQS)
96/61/EC article 2 paragraph 7
Definition of EQS
“The set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation.”

16. Environmental Quality Standards (EQS)
What are EQS ?
Limit values on substances to protect human health, natural ecosystem & specific receptors for each media (air, land & water).
Specified by European Directives or Local Legislation.

17. Environmental Quality Standards (EQS)
EQS - requirements to be met at a given time by a given environment as set out in Community law
For example, air quality standards for oxides of nitrogen and sulphur dioxide
Article 10 - where necessary for an EQS, permits shall require conditions stricter than BAT
Complex issue and many other factors can be involved

18. BAT and Emission Limit Values (ELVs)
ELV: Limit on emission of a pollutant which should not be exceeded, e.g. mg/m3 or kg/hour
Article 9 requires permits to contain ELVs for pollutants based on BAT
Take into account characteristics of the installation, geographical location, and local environmental conditions

19. BAT and Emission Limit Values (ELVs)
The BREF will usually give “benchmark” emission figures based on BAT for the sector
These do not consider local issues
Not necessary to use the same technique to achieve the emission figures

20. BAT and Emission Limit Values (ELVs)
Stricter than BAT?
Maximum ELVs may exist for certain substances or activities
(e.g. European Directives (IPPC, WID, LCP), National or Regional law)
National Emmision Reduction Schemes may require some installations or sectors to exceed BAT to meet National targets
Local environmental conditions