Page 101 - California Stormwater Workshop Handouts

Industrial General Permit Fact Sheet

established (not including construction) represent less than 10 percent of the types
of facilities subject to this General Permit. Additionally, most ELGs focus on
industrial process wastewater discharges and pre-treatment standards, and only 11
of the 40 categories establish numeric or narrative ELGs for industrial storm water
discharges. Those that do include ELGs for industrial storm water discharges
generally address storm water discharges that are generated from direct contact
with primary pollutant sources at the subject facilities, and not the totality of the
industrial storm water discharge from the facility, as the term “storm water discharge
associated with industrial activity” for this General Order is defined in the CWA. (40
C.F.R. § 122.26(b)(14).) Where U.S. EPA has not issued effluent limitation
guidelines for an industry, the State Water Board is required to establish effluent
limitations for NPDES permits on a case-by-case basis based on best professional
judgment (BPJ). (33 U.S.C. § 1342(a)(1); 40 C.F.R. § 125.3(c)(2).) In this General
Permit, most of the TBELs are based on BPJ decision-making because no ELG
applies.

The TBELs in this General Permit represent the BPT (for conventional, toxic, and
non-conventional pollutants), BCT (for conventional pollutants), and BAT (for toxic
pollutants and non-conventional pollutants) levels of control for the applicable
pollutants. If U.S. EPA has not promulgated ELGs for an industry, or if a Discharger
is discharging a pollutant not covered by the otherwise applicable ELG, the State
Water Board is required to establish effluent limitations in NPDES permit limitations
based on best professional judgment. (33 U.S.C. § 1342(a)(1); 40 C.F.R. 125.3(c).)
This General Permit includes TBELS established on best professional judgment and
limitations based on storm water-specific ELGs listed in Attachment F of this General
Permit, where applicable.

3. Authority to Include Non-Numeric Technology-Based Limits in NPDES Permits

TBELs in this General Permit are based on best professional judgment and are non-
numeric (“narrative”) technology-based effluent limitations expressed as
requirements for implementation of effective BMPs. Federal regulations provide that
permits must include BMPs to control or abate the discharge of pollutants when
where “[n]umeric effluent limitations are infeasible.” 40 C.F.R. 122.44(k)(3).

Since 1977, courts have recognized that there are circumstances when numeric
effluent limitations are infeasible and have held that EPA may issue permits with
conditions (e.g., BMPs) designed to reduce the level of effluent discharges to
acceptable levels. Natural Res. Def. Council, Inc. v. Costle, 568 F.2d 1369
(D.C.Cir.1977).

U.S. EPA has also interpreted the CWA to allow BMPs to take the place of numeric
effluent limitations under certain circumstances. 40 C.F.R. §122.44(k), titled
“Establishing limitations, standards, and other permit conditions (applicable to State
NPDES programs ...),” provides that permits may include BMPs to control or abate
the discharge of pollutants when: (1) “[a]uthorized under section 402(p) of the CWA
for the control of stormwater discharges”; or (2) “[n]umeric effluent limitations are
infeasible.” 40 C.F.R. § 122.44(k).

Order 2014-0057-DWQ 17