On 13th September 2018, the Department for Environment, Food & Rural Affairs has published the Guidance ‘Guidance Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal’. This Guidance explains how standards for emissions from industry affected by the Best Available Technique (BAT) regime would be affected if the UK leaves the EU with no deal.
The UK is committed to maintaining environmental standards after it leaves the EU and will continue to apply the existing successful model of integrated pollution control. The EU Withdrawal Act 2018 maintains established environmental principles and ensures that existing EU environmental law will continue to have effect in UK law, including the IED and BAT Conclusion Implementing Decision made under it.
UK is introducing secondary legislation under the EU Withdrawal Act 2018, and further legislation in the devolved administrations where required, to ensure the domestic legislation that implements the IED (including the Transitional National Plan) can continue to operate after exit. This will amend current legislation to correct references to EU legislation, transfer powers from EU institutions to UK institutions and ensure the UK meets international agreement obligations.
The European Commission holds a power to establish BAT Conclusions for the purpose of environmental permitting for activities within the scope of the IED, which are based on BREFs developed through the EU-level Sevilla process. In a ‘no-deal’ scenario, the UK would no longer be part of the Sevilla process.
The UK government would make secondary legislation to ensure the existing BAT Conclusions continue to have effect in UK law after it leaves 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 consultation for England also seeks views from interested parties on what the UK BAT regime might look like in the future.
Guidance – Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal, published on the Government webpage on 13th September 2018.