This document provides an overview of California's Industrial Storm Water Program in 3 sentences or less: The program discusses the key concepts of effluent limitations versus receiving water limitations and the four basic varieties of numeric discharge standards. It also outlines the types of stormwater permits, technology-based standards, water quality standards, and compliance scenarios. Next steps for the program include releasing a new draft of the permit in November and adopting it in spring 2012, with a focus on continuing narrative effluent limits, benchmark values, and improving data collection.

1. CA Industrial Storm Water
Program Brainslam
An intensive overview of the program,
its key principles, and likely future –
slammed into a 20 minute format.
Greg Gearheart, PE
CA State Water Board
916.341.5892

2. The view ahead….

3. Grand Slam Game Plan
• Two main concepts to take home from
this:
1. Effluent Limitations are not the same as
Receiving Water Limitations (dually
enforceable under current scheme)
2. Numerics come in 4 basic varieties, but we
have the technology to make new hybrids or
varieties.

4. SW Permits
• National Pollutant Discharge Elimination
System (NPDES) Permit
• Effluent Limitations
– Provisions
– Prohibitions
– SWPPP (by extension)
– Technology-based standards, mostly
• Receiving Water Limitations
– Water Quality Standards (WQS)

5. Technology Based Standards
• Industrial and construction: BAT/BCT
• Permits may require best management
practices (BMPs)
• In establishing requirements, permit
writers use best professional judgment
(BPJ)
• NRDC v USEPA: states establish BMP
requirements

6. Water Quality Standards
• Water Quality Standards are made up of:
– Beneficial Uses (designated to specific waterbodies),
plus
– water quality criteria; and
– an antidegradation policy.
• Beneficial Uses (BUs) are:
• often not directly related to key water resource uses
valued by communities (it might take a suite of them to
protect wetlands and streams, for example)
• Narrative or Numeric

8. Humboldt Bay
BUs:
• REC1
• REC2
• NAV
• WILD
• EST
• MAR
• MIGR
• SPWM
• SHELL
SW Effluent Limitations
Receiving Water Limitations
Narrative: reduce pollutants using
BAT/BCT - technology-based standard
Do not cause or contribute to an
Exceedance of a water quality
standard (WQS).
Numeric: could be technology-
(TBEL) or water quality-based (WQBEL)
Example
Storm Water (SW) Discharges
from an industrial facility to
Humboldt Bay

9. Humboldt Bay
BUs:
• REC1
• REC2
• NAV
• WILD
• EST
• MAR
• MIGR
• SPWM
• SHELL
Example
Storm Water (SW) Discharges
from an industrial facility to
Humboldt Bay
SW Effluent Limitations
Technology-based BMPs:
• Covering waste piles
• Sweeping/cleaning of open
areas
• Treatment (basins) of solids
• Etc.
Receiving Water Limitations
Numbers – TSS < 100 mg/L
Narrative – “no toxics in toxic
amounts”

10. Humboldt Bay
BUs:
• REC1
• REC2
• NAV
• WILD
• EST
• MAR
• MIGR
• SPWM
• SHELL
Example
Storm Water (SW) Discharges
from an industrial facility to
Humboldt Bay
SW Effluent Limitations
Technology-based BMPs:
• Covering waste piles
• Sweeping/cleaning of open
areas
• Treatment (basins) of solids
• Etc.
Receiving Water Limitations
Numbers – TSS < 100 mg/L
Narrative – “no toxics in toxic
amounts”
(1) Enforce ELs
(2) Enforce RWLs

11. Compliance Scenarios
• ELs are violated and RWLs are fine
• ELs are violated and RWLs are violated
• ELs are fine and RWLs are fine
• ELs are fine and RWLs are violated
• TBALs and WQBALs  indicators for ELs and
RWLs
• TBELs and WQBELs  direct compliance
measures for ELs (in the case of WQBELs these
also should ensure RWL compliance)

13. The Challenge of Numerics
• Effluent limitations can either be
“narrative” or “numeric”
• Numeric effluent limitations can either be
“technology-based” or “water quality-
based”
• Benchmark values are being used my
many as training wheels for NELs
– And just to be different, CA calls these
“Numeric Action Levels” - NALs

14. NELs and NALs
Water Quality Technology
Numeric
Effluent
Limitations
WQBELs TBELs
Numeric
Action Levels WQBALs TBALs

15. WQBELs
• Derived from water quality standards
• Apply to the effluent at the point of
discharge
• Could include mixing zone or dilution
credit
• If NELs are met, water quality standards
(WQS) would be met (in theory)
• Site specific!

16. TBELs
• Using the BAT/BCT approach, these are
derived from performance data on specific
BMPs (probably treatment control, but
could be others, too)
• Apply to the effluent at the point of
discharge
• Probably somewhat sector specific, but
otherwise generally applicable

17. Action Levels
• aka Benchmark values in the MSGP
• These are typically a hybrid of technology-
and water quality-based values
• MSGP values are derived from water
quality criteria, however not site specific
(nor are they CA specific)
• If exceeded these generally do not
constitute a violation of the permit

18. CA Expert Panel on Numerics
• Recommended differentiating between TMDL
based NELs and the rest of the pack
• Recommended a specific approach to setting
TBALs and TBELs
• Technology-based numbers should be based on
effluent characterization data – mean plus one
or two standard deviations
• Panel went on to say our data was not
acceptable

19. More on TBALs, TBELs, WQBALs
and WQBELs
• Effluent data is only helpful in setting
technology-based numbers if there is
more known about the relationship to
BAT/BCT implementation
• Some individual NPDES permits for
industrial storm water have WQBELs –
Boeing SSFL, refineries, etc.

20. Charts and graphs.

21. Industrial Facilities Inspected
FY10/11

22. Industrial Facilities Inspected
FY10/11

23. Industrial Facilities Submitting
Annual Reports FY10/11

24. Industrial Facilities Submitting
Annual Reports FY10/11

25. Next steps.

26. IGP - Next Steps
• Release new IGP draft (early November)
• Public, staff workshops (outreach) in
November and December
• Public Hearing in December
• Comment period ends
• Staff digests and puts out FINAL draft for
adoption
• Adoption in Spring 2012

27. The Scoop
• Staff will recommend a continuation of narrative
ELs this permit cycle
• USEPA Benchmark values  quasi-WQBALs
(and TBALs) in draft
• Progressive (iterative) approach, akin to CASQA
recommendations from 2006
• Improve data quality and breadth of information
gathered, per Panel  QiSP role and other
features
• Aiming for possible TBELs in next permit

28. Greg Gearheart | 916-341-5892 | ggearheart@waterboards.ca.gov