New Best Available Technique (“BAT”) conclusions for waste treatment activities

• Global

• Environment

26-09-2018

On 10 August 2018, the European Commission adopted revised BAT conclusions for waste treatment activities. BAT conclusions are the reference used to set environmental permit conditions. Generally, emissions from permitted activities should not exceed the emissions limit values set in relevant BAT conclusions.

The revised BAT conclusions cover activities including those involving the:

• disposal or recovery of hazardous waste with a capacity exceeding ten tonnes per day (involving certain specified activities including biological treatment, physico-chemical treatment etc);
• disposal of non-hazardous waste with a capacity exceeding 50 tonnes (involving certain specified activities including biological treatment, physico-chemical treatment, shredding of metals/WEEE etc); and
• anaerobic digestion (AD) activities in excess of 100 tonnes per day.

Operators of existing sites should consider how they will comply with these revised BAT conclusions. Authorities responsible for setting environmental permit conditions across the EU are required to update permit conditions to reflect the BAT conclusions within four years of their adoption (10 August 2022). Where a site cannot meet the revised BAT conclusions, it may be possible to apply for a time limited derogation.

Brexit is unlikely to impact the UK’s implementation of these BAT conclusions as this requirement to update relevant environmental permits is found within existing UK domestic legislation (the Environmental Permitting (England and Wales) Regulations 2016 (as amended).