86A.—(1) This section applies to a licence or revised licence under this Part in relation to an industrial emissions directive activity.

(2) Without prejudice to the generality of section 83(1), the Agency shall not grant a licence or revised licence, unless it is satisfied that the best available techniques will be utilised to prevent or eliminate or, where that is not practicable, to minimise emissions and the impact on the environment as a whole.

(3)(a) Without prejudice to the generality of section 86(1), the Agency shall, in accordance with this section, apply BAT conclusions as a reference for attaching one or more conditions to a licence or a revised licence granted under this Part.

(b) The Agency may supplement or replace emissions limit values referred to in section 83(4)(a) or 86(1)(a)(i), by attaching one or more conditions to a licence or revised licence which specify equivalent parameters or technical measures, where the Agency is satisfied that to do so would secure an equivalent level of environmental protection.

(c)(i) Where the Agency attaches one or more conditions to a licence or revised licence which specify requirements necessary to give effect to a best available technique not described in any of the relevant BAT conclusions, the Agency shall determine that technique under F140[sections 5(3)(b), 83(5)(a)(v) and 86(3) and subsections (4) and (6)].

(ii) Where any of the relevant BAT conclusions referred to in subparagraph (i) describe a best available technique, but do not contain emission levels associated with the technique, the Agency, under subparagraph (i), shall determine a best available technique which provides a level of environmental protection equivalent to the best available techniques described in the BAT conclusions and shall attach one or more conditions to a licence or revised licence which specify requirements necessary to give effect to that best available technique.

(iii) Where any of the BAT conclusions do not apply to an industrial emissions directive activity or type of production process carried out within an installation or address all of the potential environmental effects of the industrial emissions directive activity or process, the Agency shall, after prior consultation with the applicant or licensee concerned, determine under section 5(3)(b) a best available technique for the industrial emissions directive activity or process concerned, and shall attach one or more conditions to a licence or revised licence in relation to the activity or process which specify requirements necessary to give effect to that best available technique.

(4)(a) For the purposes of this section, the Agency shall attach one or more conditions under section 83(4)(a) or 86(1)(a)(i) to a licence or revised licence which specify emission limit values, so 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 the Industrial Emissions Directive.

(b) Emission limit values specified by the Agency under paragraph (a)—

(i) subject to subsection (5)(a), shall not exceed the emission levels associated with best available techniques, or

(ii) subject to subsection (5)(b), shall differ from those referred to in subparagraph (i) in terms of values, periods of time and reference conditions.

(5)(a) Where emission limit values are specified under subsection (4)(b)(i) such 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.

(b) Where emission limit values are specified under subsection (4)(b)(ii), the Agency shall—

(i) in addition to any condition under section 86(1)(a)(iva), attach a condition to the licence or revised licence specifying that—

(I) results of monitoring emissions are available for the same periods of time and reference conditions as for the emissions levels associated with the best available techniques, and

(II) a summary of results of monitoring emissions shall be furnished to the Agency at least annually, in a form which enables the Agency to compare emission levels with emission level values associated with best available techniques,

and

(ii) assess, not less than annually, the results of monitoring emissions to establish if emissions, under normal operating conditions, have not exceeded the emission levels associated with best available techniques.

(6)(a) The Agency, where it is satisfied on an examination by it of an application for a licence or the review of a licence or revised licence that attaching one or more conditions to the licence or revised licence under subsection (4) for the purposes of 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—

(i) the geographical location or the local environmental conditions of the installation concerned, or

(ii) the technical characteristics of the installation concerned,

may, in granting the licence or revised licence, attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4).

(b) The Agency shall document in a schedule to the licence or revised licence, the reasons for the attachment of one or more conditions specifying less strict emission limit values under paragraph (a), including the result of the examination by the Agency and the justification for the conditions imposed.

(c) The Agency shall re-examine the attachment of conditions to a licence or revised licence which specify less strict emission limit values under paragraph (a), on any subsequent review of the licence or revised licence concerned.

(7) The Agency, in considering an application for a licence or a revised licence, may attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4) and section 86(3)(c) for the testing and use of emerging techniques for a total period, specified in the conditions, not exceeding 9 months provided that the Agency is satisfied that after the period so specified, either the technique will have ceased or the activity will have achieved not less than the emission levels associated with the best available techniques.

(8) The Agency, in considering an application for a licence or a revised licence, may, where appropriate, take into account the effect of a waste water treatment plant when determining the emission limit values to apply in relation to indirect releases of polluting substances into water from an installation, but the Agency shall not grant a licence or revised licence on that basis unless it is satisfied that—

(a) the licence or revised licence, or any conditions attached thereto, shall secure that an equivalent level of protection of the environment as a whole is guaranteed, and

(b) so granting will not lead to higher levels of pollution in the environment.

(9) Information to be provided by the applicant or licensee for the purpose of a review of a licence or a revised licence under section 90 and prescribed in regulations under section 89 or, as the case may be, requested and considered necessary by the Agency under section 90(7) shall, for the purposes of this section, include in particular—

(a) results of emissions monitoring, and

(b) other data that enables the Agency to make a comparison of the operation of the installation concerned with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques.

(10) Other than where subsection (4) or (6) applies, the Agency shall apply conclusions on best available techniques from BAT reference documents adopted by the Commission prior to 6 January 2011 as BAT conclusions pending the adoption of decisions on BAT conclusions under Article 13(5) of the Industrial Emissions Directive.

(11) In this section "soil" means the top layer of the Earth’s crust situated between the bedrock and the surface and the soil is composed of mineral particles, organic matter, water, air and living organisms.]