STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION – OFFICE OF CHIEF COUNSEL

JULY 2, 2002

ITEM 8

SUBJECT

In the Matter of the Petitions of Western States Petroleum Association (Amendment Revising Provision C.3 Of Waste Discharge Requirements Order No. 01-024 For Santa Clara Valley Urban Runoff Pollution Prevention Program), San Francisco Bay Region And Western States Petroleum Association (Waste Discharge Requirements Order No.01182 For Municipal Storm Water And Urban Runoff Discharges [NPDES No.CAS004001] Within LosAngeles County, Except For LongBeach), Los Angeles Region. SWRCB/OCC Files A-1430(b) and 1448(f).

This was noticed as an Information Item stating that the Board would consider public comments regarding the appropriate level of Phase 1 municipal storm water permit regulation for new development and significant redevelopment of retail gasoline outlets (RGOs).

See the attached letter to the Interested Parties regarding this information workshop discussion.


June 17, 2002

CERTIFIED MAIL

Brian E. Wall, Esq.
Mayer, Brown & Platt
350 South Grand Avenue, Suite 2500
Los Angeles, CA 90071-1503

Dear Mr. Wall:

PETITIONS OF WESTERN STATES PETROLEUM ASSOCIATION (AMENDMENT REVISING PROVISION C.3 OF WASTE DISCHARGE REQUIREMENTS ORDER
NO. 01-024 FOR SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM), SAN FRANCISCO BAY REGION AND WESTERN STATES PETROLEUM ASSOCIATION (WASTE DISCHARGE REQUIREMENTS ORDER NO.01182 FOR MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGES [NPDES NO.CAS004001] WITHIN LOSANGELES COUNTY, EXCEPT FOR LONGBEACH), LOSANGELES REGION: RETAIL GASOLINE OUTLET BOARD WORKSHOP NOTIFICATION

SWRCB/OCC FILES A-1430(b) AND A-1448(f)

On Tuesday, July 2, 2002, in the Coastal Hearing Room, Second Floor of the Cal/EPA Building, 1001 I Street, Sacramento, California, the State Water Resources Control Board (SWRCB) will conduct an informational workshop to discuss the issue of regulation of retail gasoline outlets (RGOs), raised in the above petitions. You will separately receive an agenda for this workshop session. At the workshop, SWRCB will consider public comments regarding the appropriate level of Phase I municipal storm water permit regulation for new development and significant redevelopment of RGOs. The purpose of the workshop is to hear proposals on the appropriate level of regulation of RGOs. SWRCB will not be releasing a draft order for this workshop.

Formal action will not be taken on this matter at the workshop session. At the workshop, interested persons will be allowed to comment orally on the issues described below, subject to the following time limits. Each speaker will be allowed up to five minutes for oral comment. To make the best use of the SWRCB’s limited time, persons with similar affiliations or interests should coordinate presentations. The SWRCB will also accept written comments, which must be received no later than June 27, 2002.

The comments should address two regulatory approaches for RGOs. The first approach emphasizes post-construction best management practices (BMPs) at least as stringent as the 1997 Storm Water Quality Task Force BMPs, as endorsed by SWRCB Order WQ 2000-11.[1] The second approach includes a treatment/infiltration design standard. The use of a design standard is discussed in Order WQ 2000-11. Under this combined approach, source control measures act to reduce pollutants before they enter treatment facilities.

Written comments should be received by this office by 5:00 p.m., June 27, 2002. Following the workshop, the SWRCB will consider adoption of an order at a subsequent meeting. The future action by the SWRCB will be based on the administrative records of the two regional water quality control boards in adopting the above-mentioned permits. The SWRCB will accept additional evidence only in compliance with California Code of Regulations, title 23, section2066.

If there are any questions or comments, please call Alex P. Mayer, Staff Counsel, of the Office of Chief Counsel, at (916)3415051.

Sincerely,

/s/

Craig M. Wilson

Chief Counsel

cc: / Mr. Steve Arita
Western States Petroleum Association
1115 11th Street, Suite 150
Sacramento, CA 95814
City of San Jose
802 North First Street
San Jose, CA 95110 / City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Mr. Adam Olivieri
SCVURPPP
1410 Jackson Street
Oakland, CA 94612

Continued next page – note: not included

[1] The 1997 Task Force BMPs can be found at http://www.stormwatertaskforce.org, while SWRCB Order WQ2000-11 can be found at http://www.swrcb.ca.gov/resdec/wqorders/2000/wqo2000-011.doc.