Page 85 - California Stormwater Workshop Handouts

Industrial General Permit Fact Sheet

I. BACKGROUND

A. Purpose

The purpose of this Fact Sheet is to explain the legal requirements and technical
rationale that serve as the basis for the requirements of this Order 2014-0057-DWQ
(General Permit), adopted by the State Water Resources Control Board (State Water
Board) on April 1, 2014. This General Permit regulates operators of facilities subject to
storm water permitting (Dischargers), that discharge storm water associated with
industrial activity (industrial storm water discharges). This General Permit replaces
Water Quality Order 97-03-DWQ. This Fact Sheet does not contain any independently-
enforceable requirements; the General Permit contains all of the actual requirements
applicable to Dischargers. In case of any conflict between the Fact Sheet and the
General Permit, the terms of the General Permit govern.

B. History

The Federal Clean Water Act (CWA)1 prohibits discharges from point sources to waters
of the United States, unless the discharges are in compliance with a National Pollutant
Discharge Elimination System (NPDES) permit. (CWA § 301(a).) In 1987, the CWA
was amended to establish a framework for regulating municipal storm water discharges
and discharges of storm water associated with industrial activity (industrial storm water
discharges) under the NPDES program. (CWA § 402(p).) In 1990, the United States
Environmental Protection Agency (U.S. EPA) promulgated regulations, commonly
known as Phase I, establishing application requirements for storm water permits for
specified categories of industries. (40 C.F.R. § 122.26.) In 1992, U.S. EPA revised the
monitoring requirements for industrial storm water discharges. (40 C.F.R. §
122.44(i)(2), (4), (5).) In 1999, U.S. EPA adopted additional storm water regulations,
known as Phase II. (64 Fed. Reg. 68722.) The Phase II regulations provide for,
among other things, a conditional exclusion from NPDES permitting requirements for
industrial activities that have no exposure to storm water.

Industrial storm water discharges are regulated pursuant to CWA section 402(p)(3)(A).
This provision requires NPDES permits for industrial storm water discharges to
implement CWA section 301, which includes requirements for Dischargers to comply
with technology-based effluent limitations, and any more stringent water quality-based
limitations necessary to meet water quality standards. Technology-based effluent
limitations applicable to industrial activities 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. (CWA §
301(b)(1)(A) and (2)(A).) To ensure compliance with water quality standards, NPDES
permits may also require a Discharger to implement best management practices
(BMPs). 40 Code of Federal Regulations section 122.44(k)(4) requires the use of BMPs
to control or abate the discharge of pollutants when numeric effluent limitations (NELs)
are infeasible. The State Water Board has concluded that it is infeasible to establish

1 Federal Water Pollution Control Act of 1970 (also referred to as the Clean Water Act or CWA), 33 U.S.C. § 1201 et seq. All
further statutory references herein are to the CWA unless otherwise indicated.

Order 2014-0057-DWQ 1