SITE INFORMATION AND CORRESPONDENCE_CASE 2

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%.04' %NW Response to Written Comments -21- 24 April 2007 City of Tracy WWTP San Joaquin County Request: Make the Salinity requirements consistent between the Fact Sheet and the Permit. RESPONSE: The proposed Order has been corrected. CITY OF TRACY - NPDES COMMENT #41: Page F-12, Paragraph V.C.3.b. The City contends that the Regional Board exceeds its authority by relying on the narrative water quality objectives indefinitely, and particularly where ample information exists to allow the State to properly adopt a numeric water quality objective. Request: Adopt site specific objectives for all constituents that USEPA has promulgated criteria guidance in accordance with 33 U.S.C. §1313(c)(2) and CWC §13241. RESPONSE: The proposed Order complies with the federal regulations and the Clean Water Act with respect to implementation of narrative water quality objectives. The Regional Water Board routinely conducts the triennial review as required by the Clean Water Act to set priorities for consideration of amendments to the Basin Plan to establish water quality objectives and has adopted numerous amendments establishing new water quality objectives. CITY OF TRACY - NPDES COMMENT #42: Pages F-31, F-33, F-36, F-40, F-41, F-45, and F-54, Paragraphs V.C.3.e. (Aluminum), f. (Ammonia), j. (Chlorine Residual), r. (Mercury), s. (Nitrate/Nitrite), x. (Salinity). The City contends that the Fact Sheet does not provide evidence that the discharge has the reasonable potential to violate the Basin Plan's narrative toxicity or narrative chemical constituents objectives for several constituents. The City also asserts that the permit must include interim limits for nitrate and nitrite, if necessary, within the permit instead of in the attached TSO. Request: Provide evidence that narrative objectives have the reasonable potential to be exceeded based on local conditions. Remove all interim limits from the TSO that are required through implementation of narrative objectives and place them inside the NPDES permit. RESPONSE: The tentative Order complies with applicable law in determining effluent limits, including 40 CFR section 122.44(d). It is consistent with those regulations and the Basin Plan's "Policy for Application of Water Quality Objectives" to use USEPA's water quality criteria to develop effluent limits. The water quality criteria are based on scientific studies that conclude that a particular constituent is toxic under the parameters as set forth in the criteria. With respect to compliance schedules, the Regional Water Board has discretion to include a compliance schedule in a permit where it is basing the effluent limit on a "new interpretation" of the water quality criteria or objective. The Regional Water Regional Water Quality Control Board, Central Valley Region Board Meeting— 3/4 May 2007 Item#17