As our industrial clients will have recently experienced, the publication of a new BREF (Best Available Techniques Reference) Note and accompanying BAT Conclusion document by the European IPPC Bureau precipitates a review of BAT for all affected permit holders in the sector and can have significant consequences on CAPEX and OPEX if more stringent pollution abatement or related improvements are required.

Defra is currently hosting a consultation on the UK’s proposed approach to BAT guidance post EU exit:

Key takeaways from the new proposals include:

  • Ownership of BAT guidance by a new Standards Council to work alongside regulators, informed by new UK Technical Working Groups
  • Continuing with the development of BREF notes already in progress or starting afresh based on UK-only installations?
  • Greater consultation and public participation in the development process
  • Derogation mechanism to be retained
  • A statutory UK-BREF review timetable of six years with the existing four year implementation / re-permitting period retained
  • Flexibility for regulators to set AELs across the BAT range rather than the least stringent end
  • A refresh of smaller (Part B) installation BAT

ITPEnergised’s reaction is that we welcome the certainty proposed by the new governance structure and timetables, with reservations that the costs to establish and run the new BAT approach will be passed on to permit holders and applicants. We also support the high degree of participation and consultation which is proposed, which appears to be more transparent than the current Sevilla process.

We will give a fuller reaction via this page and social media channels in due course  – if there’s anything we can do to help with your consultation response then please let us know.


Gavin Bollan (Energy Sector, General Enquiries)

Ruth Fain (Corporate, Industrial and Manufacturing Sector)

Scott Chambers (Offshore Sector)