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Best Available Control Technology or BACT(Environment Law)
Understanding Best Available Control Technology (BACT) in Environmental Law
Definition & Meaning
Best Available Control Technology (BACT) is a standard for controlling air pollution, established under the United States Clean Air Act. It mandates that no emissions exceed the limits set by this act. The Environmental Protection Agency (EPA) evaluates and determines the most effective technology to limit specific pollutants, taking into account factors such as energy use, overall emissions, regional environmental effects, and economic costs. BACT is applied on a case-by-case basis for significant new or modified sources of emissions in areas that meet air quality standards.
Table of content
Legal Use & context
BACT is primarily used in environmental law, particularly in air quality regulation. It is relevant for industries that are planning to build new facilities or modify existing ones that may emit pollutants. Legal practitioners may encounter BACT in permit applications and compliance assessments. Users can manage some aspects of this process with legal templates from US Legal Forms, which can help in preparing necessary documentation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a new manufacturing plant seeking to operate in an area with good air quality may need to implement BACT to control emissions of volatile organic compounds (VOCs). This could involve using advanced filtration systems and adopting cleaner production methods. (hypothetical example)
Relevant laws & statutes
The primary statute governing BACT is the Clean Air Act, particularly sections related to New Source Review (NSR). The EPA also issues regulations and guidance documents that further clarify BACT requirements.
State-by-state differences
State
BACT Variations
California
More stringent BACT requirements due to higher pollution control standards.
Texas
BACT determinations may vary significantly based on local regulations.
New York
State-specific guidelines may impose additional controls beyond federal standards.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Difference
Lowest Achievable Emission Rate (LAER)
The most stringent emission limitation for new sources.
LAER is more stringent than BACT and applies in non-attainment areas.
Reasonably Available Control Technology (RACT)
Controls for existing sources that are achievable and cost-effective.
RACT applies to existing sources, while BACT is for new or modified sources.
Common misunderstandings
What to do if this term applies to you
If you are involved in a project that may require BACT, consider the following steps:
Consult with an environmental attorney to understand your obligations.
Use US Legal Forms to find templates for permit applications and compliance documentation.
Gather data on potential emissions and available control technologies.
For complex situations, seeking professional legal advice is recommended.
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