NPDES Regulations ... need to know and my opinion

So, what does the Mobile Detail Industry need to know about controlling pollution … and my Opinion! 

As many know, I am passionate about Water, and believe it is the new Oil!

I wanted to share some of the facts and data, as I see them, and then editorialize on what it means to the industry, in my not often humble opinion.

The Clean Water Act is described by Wikipedia as the primary federal law in the United States governing water pollution.^[1] Commonly abbreviated as the CWA, the act established the goals of eliminating releases to water of high amounts of toxic substances, eliminating additional water pollution by 1985, and ensuring that surface waters would meet standards necessary for human sports and recreation by 1983.

The principal body of law currently in effect is based on the Federal Water Pollution Control Amendments of 1972, which significantly expanded and strengthened earlier legislation.^[2] Major amendments were enacted in the Clean Water Act of 1977 enacted by the 95th United States Congress^[3] and the Water Quality Act of 1987 enacted by the 100th United States Congress.^[4]

The NPDES Permit (National Pollutant Discharge Elimination System) is the element that most directly influences our Industry. This regulates pollution discharged into the waters of the United States

You need to focus on the MS4 Permit, the Municipal Separate Storm Sewer System. This will most influence the Mobile Car Wash & Detailing Industry.

Basically, every 5 years, each governing body is required to renew the NPDES Permit. This was always intended to be an iterative process where each time the requirements and restrictions get ratcheted up.

After several years of trying to educate myself to the process, I would offer that the most important outcome of this whole thing as it relates to the Permit is that once adopted, each Co-Permitee (City, County, tribe, etc) has one year to develop Best Management Practices (BMP). These BMP’s are how each body determines how the local entities will comply with eh Permit. The do some education and outreach, and more & more, require Enforcement.

I have the most knowledge about Southern California, although the NPDES permit is in effect in every part of the US. There are regional differences, so the EPA has allowed for these differences in the Permits. A Beach community may differ from those inland in a desert.

I will share some examples, but wanted to make one point. In many cases, the Permit will state that pollution is to be controlled to the Maximum Extent Practicable (or the MEP). Practicable is the most debated term in the Permit.  However, the one definition that the environmental community is aggressively pursuing is that if it is being done successfully in on area, then the restrictions or requirements are reasonable. And the mere fact that it is being done satisfies the requirement of Practicable. So think about that as you review the examples.

Orange County California has and is engaged in renewing the NPDES MS4 Permit. In North Orange County, here is what has been adopted:

Link to Actual NPDES Ms$ Permit

Key areas relevant to our industry

Page 11

Further refinements to the commercial inspection program are included in this order and these include: moving mobile businesses into their own program;

Page 37

7. The permittees shall annually review their water quality ordinances and provide findings within the annual report each year on the effectiveness of these ordinances and associated enforcement programs, in prohibiting the following types of discharges to the MS4s (the permittees may propose appropriate control measures in lieu of prohibiting these discharges, where the permittees are responsible for ensuring that dischargers adequately maintain those control measures):

 d)Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet/upholstery cleaning, pool cleaning and other such mobile commercial and industrial activities;

PGE 45

x.8) Within 12 months of adoption of this order, the permittees shall develop a mobile business pilot program. The pilot program shall address one category of mobile business from the following list: mobile auto washing/detailing; equipment washing/cleaning; carpet, drape and furniture cleaning; mobile high pressure or steam cleaning. The pilot program shall include at least two notifications of the individual businesses operating within the County regarding the minimum source control and pollution prevention measures that the business must implement. The pilot program shall include outreach materials for the business and an enforcement strategy to address mobile businesses. The permittees shall also develop and distribute the BMP Fact Sheets for the selected mobile businesses. At a minimum, the mobile business Fact Sheets should include: laws and regulations dealing with urban runoff and discharges to storm drains; appropriate BMPs and proper procedure for disposing of wastes generated.

Page 62 Public education & Outreach XIII 4)

The permittees shall continue their outreach and other public education activities. Each permittee should try to reach the following sectors: manufacturing facilities; mobile service industry; commercial, distribution and retail sales industry; residential/commercial landscape construction and services industry; residential and commercial construction industry; and residential and community activities. Individual workshops (or regional workshops) for each of the aforementioned elements shall be administered by each permittee (or on a countywide basis) by July 1, 2010 and on an annual basis thereafter. Commercial and industrial facility inspectors shall distribute developed educational information (Fact Sheets) to these facilities during inspections.

Further, for restaurant, automotive service centers and gasoline service station corporate chains, new information or that which has been previously developed shall be provided to corporate environmental managers during outreach visits that should take place twice during the permit term. Some of these outreach activities could be conducted through the chamber of commerce or other similar establishments. The outcomes from all outreach requirements contained herein shall be reported in the applicable annual reports.

Here is the proposed language for South Orange County Region 9

Section F.3.b.(3) (new language)
(3)BMP Implementation for Mobile Businesses
(a) Each Copermittee must develop and implement a program to reduce the discharge of storm water pollutants from mobile businesses to the MEP and to prohibit non-storm water discharges pursuant to Section B of this Order. Each Copermittee must keep, as part of their commercial source inventory, a listing of mobile businesses known to operate within its jurisdiction. The program must include:

(i) Development and implementation of minimum standards and BMPs to be required for each of the various types of mobile businesses;

(ii) Development and im plementation of an enforcement strategy which specifically addresses the unique characteristics of mobile businesses; DRAFT Order Changes 18 June 09 Page 31 of 56

(iii) Notification of those mobile businesses known to operate within the Copermittee’s jurisdiction of the minimum standards and BMP requirements and local ordinances;

(iv) Development and implementation of an outreach and education strategy; and

(v) Inspection of mobile businesses as needed to implement the program.

OK … time for me to editorialize a bit … I have posted this topic many times on the Forum. Occasionally I get some supporting comments, but most often it is in the form of a challenge. “Not in my area”, “Another government effort to levy a tax”, “ “Might be the case, but as long as there is no enforcement, they will have to rip the pressure washer from my hands or make me put down a wash mat”. I am paraphrasing, however these sentiments of our industry come across loud and clear to the regulators.

The Regulators, they are very aware of our industry, they get complaints all the time. Their opinion is not someone with a beautiful trailer or van, nice uniforms, been through extensive training. They see the majority benefiting from such a low barrier to entry. Bucket & Hose, maybe a business card and they are a Detailer! The pictures they use are not elegant, but are often a sad representation of our industry.

I know there are lots of other great innovations in our industry. I also believe that our industry will not take reasonable steps to control pollution unless the Regulators force an Ordinance where the Detailer will be fined the Industry will not self regulate. Never has, never will.

Once this occurs, I think we will see a change, not drastic, but a step in the right direction. We need credibility with Regulators, but we also need it with the Car Wash Industry, the Dealerships, Body Shops, Auto Manufacturers, etc. And until we “Clean up or Industry Act”, I think we will be perceived by the masses as a gypsy industry, that this fella is here because they could not cut it in a real job type of prejudice.

Those are some facts as I see, and my opinions on the topic. Hope you will respond with facts first, and opinion based on your facts.