Preproduction Plastics Control Options Under California 2012 IGP

The revised California draft Industrial General Permit (IGP) includes controls required for pre-production plastic. Preproduction plastics used by the plastic manufacturing industry are small in size and have the potential to mobilize in storm water. Water Code section 13367 requires the State Water Board to implement measures that control discharges of preproduction plastic. Water Code section 13367 outlines five mandatory BMPs that are required for all facilities that handle preproduction plastic. These mandatory BMPs are included in the 2012 draft IGP.

The State Water Board had received comments regarding the Water Code requirements that plastic facilities to install a containment system for on-site storm drain locations that meet 1mm capture and 1-year 1-hour storm flow requirement standards. As a result, the 2012 IGP includes the option under Water Code section 13367 that allows a plastics facility to propose an alternative BMP or suite of BMPs that can meet the same performance and flow requirements as a 1mm capture and 1-year 1-hour storm flow containment system standards. These alternative BMPs are to be submitted to the Regional Water Board for approval. This alternative is intended to allow the facility to develop BMPs that focus on pollution prevention measures that can perform as well as, or better than, the containment system otherwise required by the statute.

The State Water Board also included two additional containment system alternatives that are considered to be equivalent to, or better than, the 1mm capture and 1-year 1-hour storm flow requirements:

•  An alternative allowing plastic facilities to implement a suite of eight BMPs addressing the majority of potential sources of plastic discharges.
• An alternative allowing a facility to operate in a manner such that all preproduction plastic materials are used indoors and pose no potential threat for discharge off-site.

The facility is required to notify the Regional Water Board of the intent to seek this exemption and of any changes to the facility or operations that may disqualify the facility for the exemption. The exemption may be revoked by the Regional Water Board at any time.

Plastic facilities may use preproduction plastic materials that are less than 1mm in size, or produce materials, byproducts, or waste that is smaller than 1mm in size. These materials will bypass the 1mm capture containment system required by Water Code section 13367. Plastic facilities with sub-1mm materials must design a containment system to capture the smallest size material onsite with a 1-year 1-hour storm flow requirement, or propose alternative BMPs for Regional Water Board approval that meet these same requirements.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

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Cost Analysis For Compliance With Revised Industrial Permit

The California State Water Resources Control Board (State Water Board) has released its cost analysis comparing estimated costs associated with the current Industrial General Permit (ICP), the draft revised permit issued in 2011, and the draft revised permit issued in July 2012. The purpose of the analysis is to provide an estimate of the compliance costs associated with the State Water Board’s Statewide General Permit for Discharges of Storm Water Associated with Industrial Activity (IGP).

Read a summary of the 2012 California IGP: http://www.calthacompany.com/Draft_California_Industrial_Stormwater_Permit_Summary.pdf

The key finding of the report are that the average annual cost of compliance of the 2012 permit for facilities with no exceedances would increase between 5% and 12% compared to the annual cost of compliance with the 1997 IGP. Annual average cost of compliance with the new permit depends on multiple factors including size of operations, location, and level of exceedances. Staff estimated annual compliance costs for the 1997 IGP to range between $23,000 to approximately $137,000. For facilities with no exceedances, compliance with the 2012 draft will cost between $25,000 and approximately $155,000 annually.

The increase in compliance costs would be more significant for those facilities with exceedances. Staff does not expect a significant increase in compliance costs for those facilities with no exceedances. Facilities with exceedances would see a more significant increase in costs to bring the facility in compliance. Facilities with Level 1 status (one NAL exceedance) would face an additional annual average cost between $97 and $622. Facilities with Level 2 status (second NAL exceedance for same parameter) would face an additional annual average cost between $1,138 and up to $38,641.

The annual average cost of compliance with the 2012 draft is approximately half (50% less) of what the 2011 draft originally required. Based on Water Board staff’s best judgment, the most likely scenario is that 50% of facilities will have no exceedances, 50% of facilities will reach Level 1, and 25% will reach Level 2. Using this assumption, the total annual average compliance costs of the 2012 draft as compared to the 1997 IGP would be increased by approximately 7% for industry as a whole.

The most commented upon elements of the draft 2011 IGP were the proposed numeric effluent limitations (NELs), the increased number of reportable inspections and/or visual observations, and the compulsory training requirements. In response to these comments, NELs have been eliminated, revisions and clarification were made so that the number of inspections and visual observations are the same as the 1997 IGP (with the exception of pre-storm visual observations), and the compulsory training requirement has been simplified. Additionally, a new ERA system has been proposed that (1) more narrowly focuses on those facilities with the highest concentrations of pollutants, and (2) allows dischargers to avoid costly structural or treatment controls if it is proven that the pollutant concentrations are related to non-industrial sources, natural background conditions, or if the facility is already in compliance with BAT/BCT.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

No Exposure Certification Under Proposed California General Permit

Phase II of the Federal stormwater rules changed the requirement for “no exposure certification” or NEC which existed in 1997, then the current California general permit was finalized. EPA extended the option to certify no exposure to any industrial sector. The draft IGP applies US EPA’s Phase II rules regarding a conditional exclusion for facilities where there is no exposure of industrial activities and materials to storm water. The previous California permit mandated that light industries obtain coverage only if their activities were exposed to storm water. This General Permit meets US EPA rules allowing any type of industry to claim the conditional exclusion.

In the draft IGP, the NEC requires enrollment for coverage but conditionally excludes dischargers from a majority of the permit requirements. Some minor modifications were added to clarify the types of “storm resistant shelters” and the periods when “temporary shelters” may be used to meet the NEC requirements. Under the draft ICP, dischargers meeting all the NEC would need to recertify each year.

Facilities that self-certified no exposure under the previous permit (category 11) are required to designate a Legally Responsible Person (LRP) to certify and submit via SMARTS for NOI or NEC coverage under this General Permit. NEC will need to be recertified through SMARTS on an annual basis.

Click here for a summary of the Draft California Industrial Storm Water Permit

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Proposed California Industrial Storm Water General Permit Released

In July 16, 2012, the California State Water Resources Control Board (State Water Board) published its third draft of its proposed “General Permit For Storm Water Discharges Associated With Industrial Activities, NPDES No. CAS000001” or “IGP”. This permit covers stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a stormwater discharge NPDES permit.

NPDES permits, including general permits, are typically reissued on a 5- year cycle. However, the current IGP has been in effect since 1997.

The proposed permit includes numerous significant changes to the compliance requirements in California. These changes are in response to new Federal requirements for industrial stormwater discharges (most notably the 2008 EPA Multisector General Permit, or MSGP), changes recommended by State Water Board staff, recommendations from a “blue ribbon panel of experts” convened in 2005-2006, and several court actions.

Read a Regulatory Briefing on the Draft California Industrial Permit

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Storm Water Plan Certification - What is Certified? Who Must Sign?

Under State and EPA stormwater permitting rules, a Stormwater Pollution Prevention Plan (SWPPP) may need to be certified. This signed SWPPP Certification is in addition to other types of certifications that may be required. The types of certifications will vary depending on the State and type of permit; in addition to SWPPP Certification, some other types of certifications might include:

• Non-stormwater Discharge Certification,
• No-exposure Monitoring Exemption Certification;
• Heavy Metal No-exposure Certification (in Texas);
• Site Compliance Certifications;
• Endangered Species Certifications;
• Historic Places Certification
• Others.

SWPPP Certification – What is Being Certified?
In most cases, the SWPPP Certification statement indicates that the SWPPP has been 1) prepared; 2) implemented and that 3) the SWPPP conforms to the requirements of the discharge permit. The SWPPP Certification generally includes a statement that the information documented is correct. The exact wording and scope of the certification statement will vary from State-to-State, but here is an example:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."


Who needs to certify the SWPPP?
In some States (for example, Michigan, Indiana, Connecticut and others), the SWPPP needs to be signed by a certified or qualified environmental professional.

In most States, the SWPPP also needs to be signed by a Responsible Company Officer, or his/her duly authorized representative. State or EPA rules will determine who can sign the SWPPP. This SWPPP Certification can be in addition to any certifications needed by a qualified environmental professional.

Click here for more information on State-specific SWPPP Templates.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website