What is BAT/BCT (Best Available Technology/Best Control Technology)?
When is enough, enough? The Industrial Storm Water General Permit (IGP) is a statewide general National Pollutant Discharge Elimination System (NPDES) permit that regulates storm water discharges from industrial activity. The IGP requires technology-based effluent limitations applicable to industrial activities that are based on best conventional pollutant control technology (BCT) for conventional pollutants, and best available technology economically achievable (BAT) for toxic and non-conventional pollutants. Once a facility has reached Level 2 status, several compliance options are available: implement advanced BMPs; conduct a non-industrial pollutant source demonstration; or conduct a natural background pollutant source demonstration. If the facility decides to implement advanced BMPs, the facility must either implement BMPs to eliminate future Numeric Action Level (NAL) exceedances, or justify what BMPs will be implemented to comply with the Permit even if the BMPs will not eliminate future exceedances of NALs. The IGP has designed standards for all treatment control BMPs. These design standards are generally expected to be consistent with BAT/BCT, to be protective of water quality, and to be effective for most pollutants. But, the best control technology for one industry is not necessarily the best for another. It is possible that Level 2 facilities that implement advanced BMPs may not eliminate future NAL exceedance(s). While an adaptive, management-based process is allowable to iteratively develop and implement BMPs to achieve compliance with the technology-based effluent limitations it is still unclear when a facility can claim it has achieved the BAT/BCT standard. With the iterative process, facilities may eventually eliminate future NAL exceedances or get to BAT/BCT. This presentation will explore a spectrum of facility types, on-site industrial processes, and required specific parameter analysis and pollutant removal. This presentation will also focus on the definition of BAT/BCT for each of these facilities and present a brief comparison of effective BMPs across industry types. Additional considerations presented will include legal implications of Level 2 status and citizen suits in the context of BAT/BCT.
Laura Carpenter is a trained Hydrologist with Brown and Caldwell. Ms. Carpenter is a Project Manager on various storm water compliance work. Ms. Carpenter has experience in compliance inspections, Storm Water Pollution Prevention Plans (SWPPPs), Spill Prevention, Control, and Countermeasure (SPCC) Plans, National Pollution Discharge Elimination System (NPDES) permitting, hazardous materials, technical assessment of laboratory data, and water quality monitoring.
Sean Porter specializes in water resource services with a background in stormwater, wastewater, urban and natural landscape, creek watershed studies, and groundwater. He is an expert in receiving water, storm water, and waste water monitoring, USGS Stream rating protocols, NPDES permit program requirements, ASBS discharge requirements, evaluation of facility SWPPPs, TMDL allocations and monitoring, and public funded research-driven watershed studies. His 14 years’ experience includes designing and implementing large-scale water quality and sediment monitoring programs for regional stormwater monitoring programs for state, municipal, transportation, federal, and low impact development. He is currently a IGP Trainer of Record and QISP, and qualified Compliance Group Leader.
Mr. Rosenbaum is a partner at the Environmental Law Group concentrating on water quality and land use laws affecting industrial, infrastructure and renewable energy projects. Mr. Rosenbaum develops compliance strategies for clients regulated under the storm water provisions of the Clean Water Act. Mr. Rosenbaum also assists his clients in defending their regulatory compliance programs against challenges by regulatory agencies and environmental groups.