On 30 August 2022, Defra and the devolved governments issued a policy paper on ‘Establishing the Best Available Techniques for the UK (UK BAT) - GOV.UK (www.gov.uk)’ and published the government response to its January 2021 consultation on developing a UK BAT regime.

Industrial installations of certain types of activity are required to use BAT to reduce emissions. Following the UK’s departure from the European Union, the UK no longer needs to meet any EU BAT conclusions.

The new UK BAT framework will therefore require installations in the UK’s largest sectors, such as textiles and chemicals, to cooperate with regulators on identifying and implementing up to date methods and technologies in order to minimise harmful emissions. This collaborative approach aims to provide greater certainty to industry and support investment that will drive innovation in greener technologies.

A new governance structure will be developed, with new independent bodies (including the Standards Council) comprising of government officials and expert regulators from all four nations of the UK. A UK Air Quality Governance Group will also be set up to oversee the work of the Standards Council and the delivery of the requirements under this new UK BAT framework. A broad range of interested stakeholders will be able to participate in the running of the BAT system through an advisory group being launched by the UK BAT Team.

The UK regime will maintain the four-year timeframe for implementing BAT. As a result, the impact of improvements should be evident by 2027 to 2028.

The government will also consider the case for addressing GHG emissions through the UK BAT regime on the same basis as other emissions and for better aligning emissions regulation with targets on air quality. According to the government, these proposals will be brought forward in “due course”.

At Burges Salmon we regularly advise operators on complying with environment permit conditions and emissions limits based on BAT. If you would like advice or want to know more, please contact Michael Barlow or another member of the environment team.

Written by Simon Cox