Ten years after the U.S. EPA and Great Lakes states targeted stormwater as a major source of pollution, implementation of a program to deal with the problem is woefully inadequate because of lax enforcement and permitting, according to a new report by environmental groups.

The report -- issued yesterday by the Environmental Integrity Project, the Michigan Environmental Council, Ohio Environmental Council and the Illinois chapter of the Sierra Club -- concludes that EPA and state regulators may not even know all of the large industrial plants and construction sites that discharge an estimated 100,000 tons of sediment, oil and other contaminants into the Great Lakes each year.

That is because such sites are not required to submit their stormwater pollution prevention plans to state regulatory agencies. Consequently, it is difficult for states and EPA to ensure that companies are actually reducing stormwater pollution, according to Ilan Levin, an EIP lawyer.

EPA officials in Washington, D.C., and its Great Lakes field office were still reviewing the report at press time. An EPA spokeswoman said all 50 states require sediment and erosion controls as part of their stormwater programs. In addition EPA has decided not to impose additional requirements on construction sites because that would be too costly and take away the flexibility that states have in their programs, many of which are already more stringent than EPA's. Great Lakes state officials said the report fails to recognize the breadth of their stormwater enforcement efforts.

The Great Lakes have gained political significance this year as President Bush and his Democratic challenger John Kerry vie for votes in Midwestern swing states like Minnesota, Ohio and Wisconsin that share Great Lakes shoreline. The Kerry campaign recently unveiled a Great Lakes plan that includes several national environmental policy proposals (Greenwire, Sept. 15).

In a briefing with reporters, Levin said 60 percent of the stormwater enforcement actions taken in Great Lakes states are against facilities without stormwater pollution permits. An additional 25 percent of the enforcement actions are against companies that have not developed stormwater pollution prevention plans. With that kind of track record, "it's going to be even harder for EPA and states to find smaller construction sites and industrial sites that are just coming into the regulatory fold now," Levin said.

Levin noted that the report focuses on compliance with long-standing stormwater pollution control requirements imposed on large industrial facilities such as manufacturing plants and construction sites larger than 5 acres. The report's findings do not bode well for implementation of EPA's last round of stormwater regulations, issued in 2002, that require permits for smaller firms such as junk yards and construction sites between 1 and 5 acres.

The need for more enforcement of stormwater provisions raises questions about whether regulators have a firm grasp on the breadth of the problem, according to the report. "Perhaps the single greatest challenge the states face in administering their stormwater programs is simply getting a handle on the universe of regulated entities," the report states. "Thousands of sites, and a flexible program that relies on self-policing, make it difficult for states to ensure that all those that who should be permitted are applying for coverage."

Levin also criticized EPA for its recent decision to exempt construction sites from strict stormwater pollution control technology standards, a move that prompted a lawsuit by several Northeastern states and environmentalists (Greenwire, Sept. 8).

Cindy Skrukrud, clean water advocate for the Sierra Club's Illinois Chapter, said many stormwater inspections by Great Lakes states are "driven by citizen complaints," not by state-initiated inspections.

Keith Dimoff, deputy director of the nonprofit Ohio Environmental Council, said his state does not systematically review stormwater pollution prevention plans that companies are required to develop under the Clean Water Act.

Jason Fyffe, a stormwater specialist at the Ohio EPA, acknowledged the lack of formal review but said the agency's staff perform frequent stormwater inspections of businesses. He said the state "knows the problem developers and companies" and is forcing violators to address their stormwater problems.

State officials said stormwater enforcement remains a high priority both locally and nationally. As an example, they cite EPA and the Justice Department's May announcement of a settlement with Wal-Mart requiring the retail giant to obtain National Pollutant Discharge Elimination System permits at construction sites managed by 150 contractors employed by the company (Greenwire, May 13). In addition, Wal-Mart must conduct regular monitoring and inspections at the sites to ensure compliance with pollution control requirements.