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Draft OU-1 ROD • -3- 20 August 1993 DDRW, Tracy Tastes and Odors Similarly, taste and odor quality will, if appropriate, be dealt within the site-wide ROD. The Regional Board disagrees with EPA's statement that "this criteria may not be sufficiently directive in intent as required by the NCP to create a specific cleanup standard." (Comments from EPA dated 8 July 1993.) The Basin Plan contains a specific requirement concerning taste and odor. That requirement is an ARAR. EPA has published literature which sets forth specific limits for tastes and odors. The Regional Board agrees that such literature is considered a TBC. The appropriate taste and odor limit may be the water quality objective for certain constituents of concern identified in the site-wide ROD. Other Discharge Activities This section discusses several types of activities which are regulated by the Regional Board. Although some control measures include local enforcement of county ordinances (which the Regional Board agrees cannot be ARARs), other measures involve Regional Board guidelines and criteria, which may be ARARs. We agree, however, that such activities are not a part of this OU. Control Action Considerations of the Central Valley Regional Water Quality Control Board The section which discusses the Disposal of Wastewater on Land Policy states that the Regional Board "requires applicants for waste discharge requirements and discharge permits to evaluate land disposal as an alternative." This substantive requirement qualifies as an ARAR. EPA stated that "DDRW, Tracy is not required to apply for a WDR; thus it follows that any further requirement imposed upon an applicant is not an ARAR." (Comments from EPA dated 8 July 1993.) This reasoning is clearly erroneous. The Regional Board regulates discharges which may affect water through its WDR permit program. The permits impose substantive requirements, which, if they meet the other requirements, are ARARs. We agree, however, that DDRW, Tracy has evaluated land disposal as an alternative. Resolution No. 9249 The Regional Board would like to clarify the purpose of Resolution 92-49, "Policies and Procedures for Investigation and Cleanup and Abatement of Discharges under Water Code Section 13304." As its title implies, 92-49 is merely an implementation strategy, and does not, by itself, set forth any new substantive requirements. For example, the requirement to "cleanup and abate the effects of discharges in a manner that promotes attainment of background water quality, or the highest water quality which is reasonable if background levels of water quality cannot be restored, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible" implements sections 13000 and 13304 of the Water Code, as well as section 2550.8(d)(6) of Chapter 15, which requires a feasibility study which "shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern." As Chapter 15 already applies