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1%� N.104 <br /> City of Stockton and County of San Joaquin Page 38 <br /> NPDES Permit CAS0083470 <br /> Response to Comments <br /> 3. MEP is the technology-based standard established by Congress in CWA Section 402(p)(3)(B)(iii) <br /> that municipal dischargers of storm water(MS4s)must meet. Technology-based standards, <br /> establish the level of pollutant reductions that dischargers must achieve typically by treatment or <br /> by a combination of treatment and BMPs.MEP generally emphasizes pollution prevention and <br /> source control BMPs primarily(as the first line of defense) in combination with treatment <br /> methods serving as a backup (additional line of defense). MEP considers economics and is <br /> generally,but not necessarily, less stringent than Best Available Technology(BAT). A definition <br /> for MEP is not provided either in the statute or in the regulations. Instead the definition of MEP <br /> is dynamic and will be defined by the following process over time: municipalities propose their <br /> definition of MEP by way of their Storm Water Management Plan (SWMP). Their total <br /> collective and individual activities conducted pursuant to the SWMP becomes their proposal for <br /> MEP as it applies both to their overall effort, as well as to specific activities (e.g.,MEP for street <br /> sweeping, or MEP for municipal separate storm sewer system maintenance). <br /> 4. In a memo dated February 11, 1993, entitled"Definition of Maximum Extent Practicable," <br /> Elizabeth Jennings, Senior Staff Counsel,the State Board addressed the achievement of the MEP <br /> standard as follows: <br /> "To achieve the MEP standard, municipalities must employ whatever Best Management <br /> Practices (BMPs) are technically feasible (i.e., are likely to be effective) and are not cost <br /> prohibitive. The major emphasis is on technical feasibility. Reducing pollutants to the MEP <br /> means choosing effective BMPs, and rejecting applicable BMPs only where other effective <br /> BMPs will serve the same purpose, or the BMPs would not be technically feasible, or the cost <br /> would be prohibitive. In selecting BMPs to achieve the MEP standard, the following factors may <br /> be useful to consider: <br /> a. Effectiveness: Will the BMPs address a pollutant (or pollutant source) of concern? <br /> b. Regulatory Compliance: Is the BMP in compliance with storm water regulations as well <br /> as other environmental regulations? <br /> c. Public Acceptance: Does the BMP have public support? <br /> d. Cost: Will the cost of implementing the BMP have a reasonable relationship to the <br /> pollution control benefits to be achieved? <br /> e. Technical Feasibility: Is the BMP technically feasible considering soils, geography,water <br /> resources, etc? <br /> The final determination regarding whether a municipality has reduced pollutants to the maximum <br /> extent practicable can only be made by the Regional or State Water Boards and not by the municipal <br /> discharger. If a municipality reviews a lengthy menu of BMPs and chooses to select only a few of <br /> the least expensive, it is likely that MEP has not been met. On the other hand, if a municipal <br /> discharger employs all applicable BMPs except those where it can show that they are not technically <br /> feasible in the locality, or whose cost would exceed any benefit derived,it would have met the <br /> standard. Where a choice may be made between two BMPs that should provide generally <br /> comparable effectiveness, the discharger may choose the least expensive alternative and exclude the <br /> more expensive BMP. However, it would not be acceptable either to reject all BMPs that would <br /> address a pollutant source, or to pick a BMP base solely on cost,which would be clearly less <br />