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City of Stockton and County of San Joaquin Page 46 NPDES Permit CAS0083470 Response to Comments emphasizes pollution prevention and source control BMPs primarily(as the first line of defense) in combination with treatment methods serving as a backup (additional line of defense). MEP considers economics and is generally,but not necessarily, less stringent than BAT. A definition for MEP is not provided either in the statute or in the regulations. Instead the definition of MEP is dynamic and will be defined by the following process over time: municipalities propose their definition of MEP by way of their Storm Water Management. Plan (SWMP). Their total collective and individual activities conducted pursuant to the S WMP becomes their proposal for MEP as it applies both to their overall effort, as well as to specific activities (e.g.,MEP for street sweeping, or MEP for municipal separate storm sewer system maintenance) 4. In a memo dated February 11, 1993, entitled"Definition of Maximum Extent Practicable," Elizabeth Jennings, Senior Staff Counsel, the State Board addressed the achievement of the MEP standard as follows: "To achieve the MEP standard,municipalities must employ whatever Best Management Practices (BMPs) are technically feasible (i.e., are likely to be effective) and are not cost prohibitive. The major emphasis is on technical feasibility. Reducing pollutants to the MEP means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, or the BMPs would not be technically feasible, or the cost would be prohibitive. In selecting BMPs to achieve the MEP standard, the following factors may be useful to consider: a. Effectiveness: Will the BMPs address a pollutant (or pollutant source) of concern? b. Regulatory Compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations? c. Public Acceptance: Does the BMP have public support? d. Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved? e. Technical Feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc?" The Tentative Order specifies that the Permittees' revised SWMP will contain BMPs that each Permittee will implement to reduce the discharge of pollutants from their respective MS4s to the MEP. The Permittees are required to establish performance standards for each proposed BMP. Pursuant to 40 CFR 122.26(d)(2)(iv)(A), the Permittees will provide estimates of the expected reduction of pollutant loads for structural and source control BMPs. In essence, through the iterative BMP implementation process, the definition of what constitutes MEP for a particular set of circumstances is determined. It is the implementation of the actions required by the permit, not the permit itself, that will meet MEP. That implementation is the responsibility of the permittees. Ultimately, the Regional Board is responsible for determining when MEP has not been met and taking appropriate actions as a result of such a determination. The iterative process for implementing BMPs is set forth in the Tentative Order at Findings 43-54 and in Provision D.1.