101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 118 Environment: Industrial Emission Standards Purpose This notice sets out how the Industrial Emissions Best Available Technique (BAT) regime would be affected if the UK leaves the EU in March 2019 without a deal. The UK government is developing systems and processes that would make the transition as straightforward as possible. Before 29 March 2019 There is a large body of existing EU industrial emissions law which aims to protect the environment and human health. The Industrial Emissions Directive (IED) recasts seven earlier pieces of industrial emissions legislation into one integrated framework. The seven earlier pieces of legislation are:  the Integrated Pollution Prevention and Control Directive  the Large Combustion Plants Directive  the Waste Incineration Directive  the Solvents Emissions Directive  three Directives on titanium dioxide It takes an integrated approach to controlling pollution to air, water and land, and sets challenging industry standards for the most polluting industries. The IED aims to prevent and reduce harmful industrial emissions, while promoting the use of techniques that reduce pollutant emissions and that are energy and resource efficient. Larger industrial facilities undertaking specific types of activity are required to use Best Available Techniques (BAT) to reduce emissions to air, water and land. BAT means the available techniques which are the best for preventing or minimising emissions and impacts on the environment. ‘Techniques’ include both the technology used and the way the installation is designed, built, maintained, operated and decommissioned. The European Commission produces public BAT reference documents (BREFs). BREFs include BAT Conclusions that contain emission limits associated with BAT, which must not be exceeded unless agreed by the relevant competent authority. After March 2019 if there’s no deal The UK is committed to maintaining environmental standards after we leave 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. This provides businesses and stakeholders with maximum certainty as we leave the EU. We are 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 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 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 consultation for England also seeks views from interested parties on what the UK BAT regime might look like in the future. Feedback we receive via this consultation will influence options which will be consulted on, through which industry and interested parties will have a further opportunity to help shape how BAT is determined once the UK leaves the EU. It is the government’s aim to ensure that the future UK BAT regime continues to endorse the collaborative approach of the current system and industry will be a part of that approach. The UK BAT system would also consider the impacts of the EU approach.