Best Available Technology
Encyclopedia
Best available technology (or just BAT) is a term applied with regulation
s on limiting pollutant discharges with regard to the abatement strategy. Similar terms are best available techniques , best practicable means or best practicable environmental option. The term constitutes a moving target on practices, since developing societal values and advancing techniques may change what is currently regarded as "reasonably achievable", "best practicable" and "best available".
A literal understanding will connect it with a "spare no expense" doctrine
which prescribes the acquisition of the best state of the art technology
available, without regard for traditional cost-benefit analysis
. In practical use, the cost aspect is also taken into account.
Best practicable means was used for the first time in UK national primary legislation in section 5 of the Salmon Fishery Act 1861 and another early use was found in the Alkali Act Amendment Act 1874, but before that appeared in the Leeds Act of 1848.
The BAT concept was first time used in the 1992 OSPAR Convention for protection of marine environment of North-East Atlantic for all types of industrial installations.
Some doctrine deem it already acquired the status of customary law.
In the United States
, BAT or similar terminology is used in the Clean Air Act and Clean Water Act
.
In 1996 the AFD was superseded by the Integrated pollution prevention and control directive
(IPPC), 96/61/EC, which applies the framework concept of Best Available Techniques (BAT) to the integrated control of pollution to the three media air, water and soil. The concept is also part of the directive's recast in 2008 (2008/1/EC) and its successor directive (Industrial Emissions Directive) published in 2010.
In the European Union directive
96/61/EC emission limit values were to be based on the best available techniques, as described in item #17: "Whereas emission limit values, parameters or equivalent technical measures should be based on the best available techniques, without prescribing the use of one specific technique or technology and taking into consideration the technical characteristics of the installation concerned, its geographical location and local environmental conditions; whereas in all cases the authorization conditions will lay down provisions on minimizing long-distance or transfrontier pollution and ensure a high level of protection for the environment as a whole.
The directive includes a definition of best available techniques in article 2.11:
to control emissions
.
The Clean Water Act
(CWA) requires issuance of national industrial wastewater
discharge regulations (called "effluent guidelines
"), which are based on BAT and several related standards.
A related CWA provision for cooling water intake structures requires standards based on "best technology available."
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s on limiting pollutant discharges with regard to the abatement strategy. Similar terms are best available techniques , best practicable means or best practicable environmental option. The term constitutes a moving target on practices, since developing societal values and advancing techniques may change what is currently regarded as "reasonably achievable", "best practicable" and "best available".
A literal understanding will connect it with a "spare no expense" doctrine
Doctrine
Doctrine is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system...
which prescribes the acquisition of the best state of the art technology
Technology
Technology is the making, usage, and knowledge of tools, machines, techniques, crafts, systems or methods of organization in order to solve a problem or perform a specific function. It can also refer to the collection of such tools, machinery, and procedures. The word technology comes ;...
available, without regard for traditional cost-benefit analysis
Cost-benefit analysis
Cost–benefit analysis , sometimes called benefit–cost analysis , is a systematic process for calculating and comparing benefits and costs of a project for two purposes: to determine if it is a sound investment , to see how it compares with alternate projects...
. In practical use, the cost aspect is also taken into account.
Best practicable means was used for the first time in UK national primary legislation in section 5 of the Salmon Fishery Act 1861 and another early use was found in the Alkali Act Amendment Act 1874, but before that appeared in the Leeds Act of 1848.
The BAT concept was first time used in the 1992 OSPAR Convention for protection of marine environment of North-East Atlantic for all types of industrial installations.
Some doctrine deem it already acquired the status of customary law.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, BAT or similar terminology is used in the Clean Air Act and Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
.
European Union directives
Best available techniques not entailing excessive costs (BATNEEC), sometimes referred to as best available technology, was introduced with the 1984 Air Framework Directive (AFD) and applies to air pollution emissions from large industrial installations.In 1996 the AFD was superseded by the Integrated pollution prevention and control directive
Integrated Pollution Prevention and Control
Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control is a directive of the European Union. It replaces the Council Directive 96/61/EC of 24 September 1996 on the same subject matter; both are commonly...
(IPPC), 96/61/EC, which applies the framework concept of Best Available Techniques (BAT) to the integrated control of pollution to the three media air, water and soil. The concept is also part of the directive's recast in 2008 (2008/1/EC) and its successor directive (Industrial Emissions Directive) published in 2010.
In the European Union directive
European Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
96/61/EC emission limit values were to be based on the best available techniques, as described in item #17: "Whereas emission limit values, parameters or equivalent technical measures should be based on the best available techniques, without prescribing the use of one specific technique or technology and taking into consideration the technical characteristics of the installation concerned, its geographical location and local environmental conditions; whereas in all cases the authorization conditions will lay down provisions on minimizing long-distance or transfrontier pollution and ensure a high level of protection for the environment as a whole.
The directive includes a definition of best available techniques in article 2.11:
"best available techniques" shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole:
- - "techniques" shall include both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned,
- - "available" techniques shall mean those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator,
- - "best" shall mean most effective in achieving a high general level of protection of the environment as a whole.
United States environmental law
The Clean Air Act requires that certain facilities employ Best Available Control TechnologyBest Available Control Technology
Best available control technology is a pollution control standard mandated by the United States Clean Air Act. The U.S. Environmental Protection Agency determines what air pollution control technology will be used to control a specific pollutant to a specified limit...
to control emissions
Air pollution
Air pollution is the introduction of chemicals, particulate matter, or biological materials that cause harm or discomfort to humans or other living organisms, or cause damage to the natural environment or built environment, into the atmosphere....
.
- ...an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant.
The Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
(CWA) requires issuance of national industrial wastewater
Industrial wastewater treatment
Industrial wastewater treatment covers the mechanisms and processes used to treat waters that have been contaminated in some way by anthropogenic industrial or commercial activities prior to its release into the environment or its re-use....
discharge regulations (called "effluent guidelines
Effluent guidelines
Effluent guidelines are U.S. national standards for wastewater discharges to surface waters and publicly owned treatment works . The United States Environmental Protection Agency issues effluent guidelines for categories of industrial sources of water pollution under Title III of the Clean Water...
"), which are based on BAT and several related standards.
- ...effluent limitations for categories and classes of point sources,... which (i) shall require application of the best available technology economically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants. ...Factors relating to the assessment of best available technology shall take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate.
A related CWA provision for cooling water intake structures requires standards based on "best technology available."
- ...the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
See also
- Appropriate technologyAppropriate technologyAppropriate technology is an ideological movement originally articulated as "intermediate technology" by the economist Dr...
- Best Available Control TechnologyBest Available Control TechnologyBest available control technology is a pollution control standard mandated by the United States Clean Air Act. The U.S. Environmental Protection Agency determines what air pollution control technology will be used to control a specific pollutant to a specified limit...
- Lowest Achievable Emissions RateLowest Achievable Emissions RateLowest Achievable Emissions Rate is used by the Environmental Protection Agency to determine if emissions from a new or modified major stationary source are acceptable under SIP guidelines....