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REGIONAL BOARD RESPONSE(SWRCB/OCC FILEA-1524(A)) ../ -7- PETMON FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2002-0181 CITY OF STOCKTON AND SAN JOAQUIN COUNTY PHASE I MUNICIPAL SEPARATE STORM SEWER SYSTEM FIFTH BASIS: THE WDRs VIOLATE STATE AND FEDERAL ANTIDEGRADATION REQUIREMENTS DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to require an anti-degradation analysis under 40 CFR 131.12(see Comment No.2(d),A.R., Item 13). The WDRs specify that increasingly more effective BMPs must be developed and implemented if water quality standards are being violated. Unlike most other point source NPDES permits, the iterative BMP process is MEP for a MS4 permit. The City and County have established programs and are required to evaluate their BMPs to determine if they meet Water Quality Standards and to propose improved BMPs to attain these objectives (WDRs,Findings Nos. 42-54, Provision D.1). While the WDRs allow for an increase in urban storm water discharges, the WDRs are designed to prevent degradation. The Regional Board is not required to complete a full anti-degradation analysis because the permit is designed to prevent degradation. Finding No. 54 was revised in the final WDRs to delete the second sentence "Therefore, it is possible that degradation of receiving water quality may occur." SIXTH BASIS• THE WDRs FAIL.TO DEFINE AND REQUIRE MEP AND PERFORMANCE STANDARDS DeltaKeeper requests that the State Board remand the WDRs to the Regional Board to define "maximum extent practicable" in a manner that allows enforcement of the WDRs to assure attainment of water quality standards (see Comment No. 2(e), A.R.,Item 13). Because DeltaKeeper's sixth basis is intertwined with its seventh basis, a response to both comments follows the seventh basis. SEVENTH BASIS: THE WDRs' DEFINITION OF MEP DOES NOT COMPORT WITH THE FEDERAL CLEAN WATER ACT AND UNDERMINES ANY ABILITY TO ENFORCE THE PERMIT OR ENSURE ATTAINMENT OF WATER QUALITY STANDARDS DeltaKeeper requests that the State Board remand the WDRs to the Regional Board define "maximum extent practicable"in a manner that comports with the federal CWA (see Comment No.2(e)(1),A.R.,Item 13). There is no statutory or regulatory definition for MEP.The CWA section 402(p)(3)(B)(iii)requires that MS4 permits "shall require controls to reduce the discharge of pollutants to the MEP,including management practices, control techniques and system design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants..." However, several interpretations of MEP exist,including: 1. MEP means that when considering and choosing BMPs to address an identified pollution problem, the municipality is to consider the following: technical feasibility, effectiveness, compliance with regulatory standards,cost, and public acceptance.The BMP chosen must achieve greater or substantially the same pollution control benefit as identified in the manuals developed by the California Stone Water Quality Task Force(Proposed by Permittees).