Best Available Technology
What does "Best Available Technology" mean in law?
Best Available Technology (BAT) is a regulatory standard used across multiple environmental statutes requiring regulated facilities to employ the most effective pollution control technology that is economically achievable for a given industrial category. Under the Clean Water Act, BAT is the standard for controlling toxic and non-conventional pollutant discharges, with EPA determining what technology is "available" by examining the best-performing facilities in an industry and assessing whether the costs of adoption are reasonable relative to the effluent reduction achieved. The Clean Air Act employs analogous concepts including Best Available Control Technology (BACT) for new sources in attainment areas and Lowest Achievable Emission Rate (LAER) for new sources in nonattainment areas. BAT standards are "technology-forcing" in nature, meaning they push industry toward continual improvement rather than freezing pollution control at current levels, and they are periodically revised as new technologies emerge.
Definition
Best Available Technology (BAT) is a regulatory standard used across multiple environmental statutes requiring regulated facilities to employ the most effective pollution control technology that is economically achievable for a given industrial category. Under the Clean Water Act, BAT is the standard for controlling toxic and non-conventional pollutant discharges, with EPA determining what technology is "available" by examining the best-performing facilities in an industry and assessing whether the costs of adoption are reasonable relative to the effluent reduction achieved. The Clean Air Act employs analogous concepts including Best Available Control Technology (BACT) for new sources in attainment areas and Lowest Achievable Emission Rate (LAER) for new sources in nonattainment areas. BAT standards are "technology-forcing" in nature, meaning they push industry toward continual improvement rather than freezing pollution control at current levels, and they are periodically revised as new technologies emerge.
Example
EPA determined that activated carbon filtration was the best available technology for removing mercury from power plant wastewater and required all coal-fired plants to install the system within three years.