Industry Emission Standards (BAT) post-Brexit
On the 14th of October, DEFRA released guidance on how the Industry Standards Best Available Technique regime would be affected from the 1st of January, 2021. The guidance can be read here.
The UK government 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 we meet international agreement obligations.
The UK government would make secondary legislation to ensure the existing BAT Conclusions continue to have effect in UK law after we leave 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 for England sets out actions for determining future UK Best Available Techniques for industrial emissions.