Best available techniques: environmental permits
What best available techniques are, when you must follow them, how to propose alternatives and how to refer to them in your application.
Applies to England
‘Best available techniques’ (BAT) means the available techniques which are the best for preventing or minimising emissions and impacts on the environment. You need to use BAT if your operation is an installation (for example a facility that carries out an industrial process like a refinery, food factory or intensive farm).
‘Techniques’ include both the technology used and the way your installation is designed, built, maintained, operated and decommissioned.
The European Commission produces BAT reference documents or BREF notes. They contain BAT for installations. Any that were published before 1 January 2020 apply in the UK.
For example, there’s a BREF for intensive agriculture which includes BAT for housing for pig rearing units and a BREF for the food, drink and milk sector which includes BAT for minimising water consumption.
The European Commission has also published ‘BAT conclusions’(BATC) documents which are legal requirements that your operation must meet. From 1 January 2020, UK BATC documents started to be produced – see UK BATC. These will have the same legal status as the EU BATC. BATC contain a description of BAT and associated emission limits (‘BAT-AELs’) which you must comply with unless the Environment Agency agrees you’ve met certain criteria – see ‘how to propose an alternative technique’.
The guide for your activity will include a link to the BREF note or BATC for each activity (if there’s one available).
The UK regulators have agreed cross-cutting BATC interpretation guidance for the implementation of BAT and interpreting common issues arising in the interpretation of BREFs and BATC. You can request this guidance from your regulator.
How to follow BAT
Your permit conditions may tell you what BAT you must use, or they may set emission limit values (ELVs) or other environmental outcomes based on BAT.
If your permit says you must follow BAT or ‘appropriate measures’ to achieve an outcome or ELV, check the guide for your activity for the BAT for that process.
You may have to decide which BAT to use yourself if your permit does not tell you which BAT to use.
You may also need to take additional measures to meet the conditions in your permit.
BAT in your permit application
When you apply for an environmental permit you must state how you’re going to follow each BAT that applies to your activity, or propose an alternative.
You need to do this in the ‘operating techniques’ section of the application form.
For BAT that you’re proposing to follow, you must explain how you’re going to either:
- follow the BATC and meet the BAT-associated emissions level (for BAT that are contained in BATC)
- follow the BREF note and the technical guidance for activities that do not have BATC
For any BAT you’re not going to follow, you must propose an alternative technique.
How to propose an alternative technique
If your alternative technique will provide a level of environmental protection that’s equivalent to the BAT, you need to explain how it will do so in the operating techniques section of the application form.
If your technique will not provide equivalent environmental protection, but you want to make a case that it’s justified on cost benefit grounds, you’ll need to provide a justification in the operating techniques section of the form and through your risk assessment and cost benefit analysis.
You will only be granted a permit for activities which do not comply with BAT-associated emissions levels (AELs) if you can show that the costs of achieving the BAT AELs are disproportionately high compared to the environmental benefits, for a particular reason. The reason must be either:
- the geographical or local environmental conditions of the site
- the technical characteristics of the site (for example, the effect of reducing excess emissions on other emissions, leading to an increase in water use or waste from your site)
Making this kind of proposal is called ‘applying for a derogation’.
Get help with your cost benefit analysis
If you need to do a cost benefit analysis to support your proposal for an alternative technique, the Environment Agency has produced an Industrial Emissions Directive derogation: cost-benefit analysis tool that you can use.
Contact your regulator
England: contact the Environment Agency.
Wales: contact Natural Resources Wales.
Scotland: contact the Scottish Environmental Protection Agency.
Northern Ireland: contact the Northern Ireland Environment Agency.
Updates to this page
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Changes to the introduction to reflect leaving the EU and clarified the use of the cross-cutting guidance.
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In section 'How to follow BAT' added: If a particular process is not covered in guidance, the UK regulators have agreed cross-cutting BAT conclusions interpretation guidance you can use. You can request this guidance from your regulator.
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First published.