Last reviewed 14 May 2021

The Environment Agency (EA) has reminded businesses that the Industrial Emissions Directive (IED) requires Environmental Permitting Regulations (EPR) permits to be reviewed within four years of publication of the relevant Best Available Techniques Reference Document (BRef) BAT conclusions.

The Food, Drink and Milk Industries BRef was published on 4 December 2019 (see Decision (EU) 2019/2031 establishing the BAT conclusions, for the food, drink and milk industries, under Directive 2010/75/EU) and the Agency is accordingly issuing notices under EPR to initiate the permit review process.

Detailed information to support the review is available at and this process remains open until 4 December 2023.

Regulation 61

Under Regulation 61 of the Environmental Permitting (England and Wales) Regulations 2016, the EA, or other appropriate authority, may require permit holders to provide such information (on emissions) in such form and within such period, as is specified in the notice.

The Agency has said that it will be issuing Regulation 61 letters, with regard to the Food, Drink and Milk Industries BRef as follows.

  • April 2021: compound animal food sector.

  • July 2021: selected leader sites for multiple permit holders.

  • October 2021: soft drinks sector.

  • January 2022: dairies, grain milling, pet food and starch manufacture.

  • April 2022: brewing, malt manufacture, fruit and vegetables, vegetable oil processing and sugar manufacturing.

Subsequent timings for other sectors will be advised.

The letters will ask for information including details of climate change adaptation, water emissions, air emissions and updated site plans.