Albion Environmental Limited

SEPA’s Waste Treatment Gap Analysis for Permitted Sites – BATc

Background – What is BATc?

The Industrial Emissions Directive (IED) brought together the seven European Union Directives that covered industrial emissions, including the Integrated Pollution Prevention and Control (IPPC) Directive (2008/1/EC). The IED strengthened the position of Best Available Techniques (BAT) Reference documents (BRefs) and their associated BAT conclusions (BATc). It introduced legally binding emission levels in the form of BAT Associated Emission Levels (BAT-AELs). These AELs are placed on discharges to air or water and are presented in a range for each parameter.

The BATc for waste treatment activities (WT BATc) were published in August 2018 and SEPA, as competent authority, has until August 2022 to implement them through the PPC permit. This will be done through a process of site operations gap analysis, and permit review where necessary.

The objectives of a BATc permit gap analysis are as follows:

  • identify or confirm the levels of performance, and in particular emission levels, that represent BAT for the installation, and
  • ensure that the permit conditions reflect the levels of performance that are indicative of BAT for the installation.

Scope – Who falls within the BATc review?

These BAT conclusions apply to the following activities specified in schedule 1 of the Pollution Prevention and Control (Scotland) Regulations 2012:

  • 5.3(a) recovery by distillation of oil or organic solvents, other than as part of an activity described in any other section of this chapter
  • 5.3(b). Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) blending or mixing prior to submission to any of the other activities listed in this section or in section 5.1;

(iv) repackaging prior to submission to any of the other activities listed in this section or in section 5.1;

(v) solvent reclamation/regeneration;

(vi) recycling/reclamation of inorganic materials other than metals or metal compounds;

(vii) regeneration of acids or bases;

(viii) recovery of components used for pollution abatement;

(ix) recovery of components from catalysts;

(x) oil re-refining or other reuses of oil;

(Note that 5.3A(xi) surface impoundment is not covered by the WT BRef.)

  • 5.4. (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities,:

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) pre-treatment of waste for incineration or co-incineration;

(iv) treatment of ashes;

(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

  • 5.4 (b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities,:

(i) biological treatment;

(ii) pre-treatment of waste for incineration or co-incineration;

(iii) treatment of ashes;

(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

With regards to activity 5.4(b)(i) – when the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.

  • 5.6. Temporary storage at an installation with a capacity of more than 50 tonnes of hazardous waste pending any of the activities described in any of sections 5.1 to 5.3 and paragraph (b) of this Section, excluding temporary storage, pending collection, on the site where the waste is generated.
  • 5.7. Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation undertaking activities covered under points 5.1, 5.3 or 5.5 as listed above

Referring to independently operated treatment of waste water not covered by Directive 91/271/EEC above, these BAT conclusions also cover the combined treatment of waste water from different origins if the main pollutant load originates from the activities covered under points 5.3(b), 5.4 or 5.6 as listed above.

What must operators do?

SEPA have been issuing Further Information Notices to waste treatment operators to carry out a gap analysis of their activities using a specific spreadsheet (bref_wt_template_final.xlsx (live.com), comparing site activities against each relevant BAT conclusion and identifying where operators are already meeting the standard, where this either is not being met at the moment, or will not be able to be met.

This includes:

  • Existing permitted plants
  • New/ recently permitted plants (permit from 10/08/22)

What is the deadline?

The deadline for operators to complete and submit the gap analysis to SEPA is the 4th of December 2022.

What happens once Gap Analysis is submitted to SEPA?

Once gap analysis submitted are assessed by SEPA, one of these three potential outcomes will follow:

  1. There is no change needed to the permit;
  2. The permit is varied to ensure it complies with the regulations and reflects BAT – this will be a SEPA initiated variation and will be free of charge. Sites will have a right to appeal; OR
  3. Enforcement action will be taken where the permit holder cannot comply with the permit or BAT

Consultancy Support – How Albion can help?

Albion’s permitting team can help you to complete the BATc gap analysis spreadsheet. For this we would review the relevant BAT guidance, depending on your site’s activities, and cross check the BATc against your site’s most up to date documentation and operations. We can help you to identify where you meet the standards and where they are not yet met, we can provide you with support to work though the necessary steps to achieve the standards required.

If you have any questions and wish to discuss with the team please contact janebond@albion-environmental.co.uk