SITE INFORMATION AND CORRESPONDENCE_1988-1991

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ARARs and TBCs for Supe•Sites _3- • 17 May 1991 PORTER-COLOGNE WATER QUALITY CONTROL ACT (PORTER-COLOGNE) The State Water Resources Control Board and the nine Regional Water Quality Control Boards derive their statutory authority from Porter-Cologne and, as such, are responsible for the protection of existing and probable future beneficial uses of waters of the state, within their respective jurisdictions. Porter-Cologne is codified in Division 7 of the California Water Code. Under Porter-Cologne, the objectives of the Regional Boards are achieved primarily through an on-going program of basin planning and the establishment of waste discharge requirements (WDRs) for any proposed discharge of waste to waters of the state or to land, where such discharge has the potential for water quality impacts. Additionally, WDRs are written to implement regulations promulgated by the State Board in Title 23 of the California Code of Regulations. The establishment of WDRs by the Regional Boards may be necessary to regulate any proposed off-site discharge of waste that is associated with site cleanup activities, and any proposed on-site discharge where CERCLA waste has been mixed with non-CERCLA waste.' The substantive requirements' of Porter-Cologne would also be ARARs for on-site remedial activities. Requirements under Porter-Cologne could be chemical-specific, action-specific, and/or location specific. Such WDRs adopted for a CERCLA site by the Regional Boards under the authority of Porter-Cologne and/or Title 23 could also be ARARs. These WDRs establish chemical- specific, action-specific, and location specific limitations on the discharge of waste so as to protect water quality consistent with the Water Quality Control Plans (see below). WDRs also include monitoring and reporting programs to gauge compliance with the requirements. Water Quality Control Plans (Basin Plans) for the Central Valley Regional Water Quality Control Board Basin Plans are promulgated pursuant to both State and Federal statute. Porter Cologne (§§13240 et seq.) provides for the adoption of Basin Plans by the Regional Boards and approval by the State Board. After approval, the Basin Plans are noticed to the State Legislature, and as such become part of the State Water Plan. EPA approval, under authority of the federal Clean Water Act, follows. The Basin Plans fulfill the Regional ' The CERCLA process does not prevent the Regional Boards from issuing WDRs for ongoing activities at a site,even where a CERCLA cleanup is going on. For example,if a facility is treating wastewater as part of their operations and is discharging the effluent,it must have requirements from the Regional Board. If the same treatment system is also used for treating ground water in a CERCLA cleanup, the discharge requires WDRs. ' Under CERCLA/SARA,on-site actions need comply only with the substantive aspects of ARARs,not with the corresponding administrative requirements,such as permitting and reporting. The administrative requirement exemption does not apply until the parties enter into a consent decree to conduct the remedy or EPA issues an order requiring cleanup. After a consent decree or order is entered,all permit and reporting requirements must be incorporated into the CERCLA process,if they are ARARs. Off-site actions,and on-site actions involving CERCLA waste which has been mixed with non-CERCLA waste,must comply with all legally applicable requirements,both substantive and administrative.