From: Snyder, Todd [mailto:Todd.Snyder@sdcounty.ca.gov]
Sent: Monday, March 11, 2013 2:03 PM
To: Karen Keene
Cc: Tesoro, Cid; Brownyard, Teresa
Subject: EPA Memos
Hi Karen,
At Rich Crompton’s request, I am sending you pdf copies of the three EPA memos that were discussed
during our D.C. trip in February. Here is some very quick background.
EPA issued its 2002 memo to provide guidance on how TMDL Wasteload Allocations are to be
incorporated in NPDES Permits. The 2002 memo notes that due to the variability of storm events in
frequency and duration, “only in rare cases will it be feasible or appropriate to establish numeric limits
for municipal and small construction storm water discharges.” This is consistent with the “maximum
extent practicable (MEP)” standard Congress intended to apply to stormwater when the Clean Water
Act was amended in 1987 to cover stormwater discharges. EPA issued a subsequent memo in 2010 that,
without any technical justification or supporting rationale, changed course: “EPA now recognizes that
where the NPDES authority determines that MS4 discharges and/or small construction stormwater
discharges have the reasonable potential to cause or contribute to water quality standards excursions,
permits for MS4s and/or small construction stormwater discharges should contain numeric effluent
limitations where feasible to do so.” The 2010 memo elicited a lot of comment from concerned
stakeholders. EPA received those comments but has not formally decided to re-affirm, modify, or
withdraw the 2010 memo as it indicated it would do by August 2011. Meanwhile, in a somewhat
backwards process from the way regulatory reviews are supposed to happen, the Office of Management
and Budget (OMB) is only now reviewing EPA’s 2010 memo. OMB will review for consistency with
various Executive Orders that require, among other things, a reasonable relationship between
regulatory costs and benefits, adequate public involvement, and basis in sound science. The 7-county
Southern California coalition met with EPA, OMB, and a variety of federal legislators in February 2013 to
advocate for the 2002 providing the more appropriate guidance.
The third EPA memo, issued in January 2013, discusses a number of ways in which EPA is committed to
taking into consideration a community’s financial capabilities when complying with Clean Water Act
requirements. The So Cal coalition indicated strong support for this memo in our D.C. meetings but
noted there seems to be a disconnect between the memo and the way Clean Water Act regulations are
adopted locally.
Please let us know if you have any questions.
Thanks,
Todd Snyder, Watershed Planning Manager
County of San Diego | Department of Public Works | Watershed Protection Program
office: (858) 694-3482 | mobile: (619) 955-0403 | todd.snyder@sdcounty.ca.gov