The regulations of IPPC Directive on public participation and public disclosure should be considered in close association with the Directive's regulations on access to environmental information.The IPPC Directive itself does not establish values of maximum permissible emissions for specific pollutants. However, standard emission values for main pollutants can be established on the EU level should it become necessary for the European Community to take centralized action. Since such necessity has up until now never arisen, control of pollution levels is based on the emissions standards contained in the other European legal acts (Annex II to the Directive contains a list of such EU legal acts, like the Directive on pollution caused by certain dangerous substances discharged into the aquatic environment, Directive on Large Combustion Plants, Directive on Volatile Organic Compounds, Directive on waste, Restriction of Hazardous Substances Directive (like asbestos), Waste Incineration Directive). Emission standards can also be established nationally. The only condition here is that they should comply with BAT requirements and the existing environmental quality standards.Maximum permissible emissions and other standards listed under Annex II and other legal acts, like Directive 2000/76/EC, serve as a mandatory minimum (i.e. conditions contained in specific permits should by no means be less rigid than these values), and are always established taking into account the existing quality standards for surface water bodies and atmospheric air (stipulated in other EU Directives).It is extremely important to remember that the established emission standards are only the minimum requirement to be complied with on a mandatory basis. Provided that such is required by the legal documents on BAT and the local conditions, more rigid standards can and should be established.IPPC Directive creates a certain balance between the two approaches to standards: the first one with a view to the quality of environment for humans, and the second one with a view to the minimum emissions associated with best available techniques. The conflict between these two shifts to the technical level. BAT standard is a technology- based standard.All of the above can thus be summarized to the following:- BAT standards shall be established for each industry separately;- Permit conditions shall be based on the local factors assessed by the competent permitting authority;- BAT undergo continuous development and improvement.We should however note that the permit should not contain guidance as to the use of some specific method or technique. The permit only sets pollutants discharges and emissions limits (in particular those for the substances contained in Annex III) according to the standards established in BAT documentation. The European Commission is currently developing industry-specific BAT Reference Documents (BREFs). Such documents (along with the other legal acts listed in Annex IV) should be taken into account while establishing the conditions of permits issued under the IPPC Directive. At the same time, the Directive allows for gradual achievement of compliance with BAT-based discharges/emissions standards and establishes the appropriate deadlines as described above. Article 9 of the Directive ensures the required degree of flexibility in determination of the due permit conditions for each enterprise. The only compulsory condition is compliance with the standard values contained in BAT documentation. At the same time, BAT reference documents do not set out fixed emissions values, but rather set the appropriate ranges for possible levels of pollutants released into the environment if BAT is used.
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