Best Available Technology

Best available technology (or just BAT ) is a term applied with regulations 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.

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In 1996 the AFD was superseded by the Integrated pollution prevention and control directive (IPPC), 96/61/EC, which applies the framework concept of Best Available Techniques (BAT) to the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:

"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:

United States environmental law

The Clean Air Act requires that certain facilities employ Best Available Control Technology 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."

See also

• Appropriate technology
• Best Available Control Technology
• Lowest Achievable Emissions Rate

References

1. ^ Sorrell, Steve (2001-02-19). "The Meaning of BATNEEC: Interpreting Excessive Costs in UK Industrial Pollution Regulation" . sussex.ac.uk . http://www.sussex.ac.uk/Units/spru/publications/imprint/sewps/sewp61/sewp61.html . Retrieved 2007-08-09 .  
2. ^ ^{a b} Higgins, Clement (1877). A Treatise on the Law Relating to the Pollution & Obstruction of Watercourses . London, UK: Stevens and Haynes. pp. 175–176 . http://books.google.com/books?id=L0g0AAAAIAAJ . Retrieved 2009-02-27 .  
3. ^ Smith, Bob (not dated). "BPM/BPEO vs BAT - A personal view" (PDF). bnes.com. Archived from the original on 2007-10-10 . http://web.archive.org/web/20071010022933/http://www.bnes.com/Events/Past/2003-10-14-BPEO/Bob+Smith.pdf . Retrieved 2007-08-07 .  
4. ^ ^{a b} Council of the European Union, council directive 96/61/EC , eippcb.jrc.es. Accessed 2007-07-05.
5. ^ Clean Air Act of 1990, section 169(3), 42 U.S.C.  § 7479(3) .
6. ^ CWA section 301(b), 33 U.S.C.  § 1311(b)
7. ^ CWA sec. 304(b), 33 U.S.C.  § 1314(b)
8. ^ CWA sec. 316(b), 33 U.S.C.  § 1326(b)