S.L. 549.77 ст. 8Emission limit values, equivalent parameters and technical measures.

(1) The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.

With regard to indirect releases of polluting substances into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation concerned, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment.

(2) Without prejudice to regulation 11, the emission limit values and the equivalent parameters and technical measures referred to in regulation 7(1) and (2) shall be based on the best available techniques, without prescribing the use of any technique or specific technology.

(3) The competent authority shall set emission limit values that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) through either of the following:

(a) setting emission limit values that do not exceed the emission levels associated with the best available techniques. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques; or

(b) setting different emission limit values than those referred to under paragraph (a) in terms of values, periods of time and reference conditions.

Where paragraph (b) is applicable, the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

(4) By way of derogation from sub-regulation (3), and without prejudice to regulation 11, the competent authority may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:

(a) the geographical location or the local environmental conditions of the installation concerned; or

(b) the technical characteristics of the installation concerned. The competent authority shall document in an annex to the permit conditions the reasons for the application of paragraph (a) including the result of the assessment and the justification for the conditions imposed. The emission limit values set in accordance with paragraph

(a) shall, however, not exceed the emission limit values set out in the Schedule to the Industrial Emissions (Framework) Regulations, where applicable.

The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. In the application of this sub-regulation, the competent authority shall take into account any guidance published by the European Commission on the criteria to be taken into account for the application of this sub-regulation.

The competent authority shall re-assess the application of this sub-regulation as part of each reconsideration of the permit conditions pursuant to regulation 15.

(5) The competent authority may grant temporary derogations from the requirements of sub-regulations (2) and (3), and from regulation 4(a) and (b) for the testing and use of emerging techniques for a total period of time not exceeding nine months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.

(6) Pending the adoption of a relevant decision on BAT conclusions referred to in Article 13(5) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, the conclusions on best available techniques from BAT reference documents adopted by the European Commission prior to 6 January 2011 shall apply as BAT conclusions for the purposes of these regulations except for sub-regulations (3) and (4).