CA Industrial Storm Water Program Brainslam

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

9. Example Storm Water (SW) Discharges from an industrial facility to Humboldt Bay • Humboldt Bay • BUs: • REC1 • REC2 • NAV • WILD • EST • MAR • MIGR • SPWM • SHELL 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. Example Storm Water (SW) Discharges from an industrial facility to Humboldt Bay • Humboldt Bay • BUs: • REC1 • REC2 • NAV • WILD • EST • MAR • MIGR • SPWM • SHELL (1) Enforce ELs SW Effluent Limitations (2) Enforce RWLs • 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”

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

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