Best Available Techniques

This term followed later than BATNEEC and was defined in The Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 1973), Regulation 3 (1) as:
“the most effective and advanced stage in the development of activities and their methods of operation which indicates 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; and for the purpose of this definition—
(a) “available techniques” means those techniques which have been developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the cost and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible to the operator;
(b) “best” means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole;
(c) “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.”

Schedule 2 of the Regulations identified what must be considered in determining best available techniques “… bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention—
(1) the use of low-waste technology;
(2) the use of less hazardous substances;
(3) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;
(4) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;
(5) technological advances and changes in scientific knowledge and understanding;
(6) the nature, effects and volume of the emissions concerned;
(7) the commissioning dates for new or existing installations or mobile plant;
(8) the length of time needed to introduce the best available technique;
(9) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;
(10) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;
(11) the need to prevent accidents and to minimise the consequences for the environment; …”.

The Not Entailing Excessive Cost (NEEC) part of BATNEEC is essentially embedded into the “available techniques” description. Whilst BATNEEC focused on the control of pollution, BAT concerned “integrated pollution prevention and control” (Regulation 2 (1)).