SITE INFORMATION AND CORRESPONDENCE_CASE 2

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Response to Written Comments -34- J 24 April 2007 City of Tracy WWTP San Joaquin County some there will be a decrease. In the case of oxygen demanding substances (e.g. BOD, ammonia, nitrate, and nitrite) the concentration and mass will be decreased significantly due to increased treatment. The accommodation of the development, as set forth in the federal antidegration policy and in the Water Code (see Water Code section 13241(e)), justifies lowering of receiving water quality. In this case, however, the Tentative Order would authorize very minimal, if any lowering of receiving water quality given the increased level of treatment required by the Order. The third part of the test applies to so-called "Outstanding National Resource Waters", but the receiving water in this case is not such a water. The Fact Sheet has been revised in response to the comment to be more clear. The Regional Water Board disagrees that the public process is inadequate. The Regional Water Board is providing an opportunity to comment on the Tentative Order. The Tentative Order properly implements the Clean Water Act and the Water Code, requires advanced level of treatment, and where authorized by law, allows the discharger reasonable time schedules to achieve compliance with new requirements. The Tentative Order requires the Discharger, pursuant to Water Code section 13263.3, to prepare a pollution prevention plan to determine feasible measures to reduce waste discharges and to implement the plan. Water Code section 13263.3(e) requires the Regional Water Board or the Discharger to provide an opportunity for public comment on the plan. A late revision is proposed to revise the proposed Order to clarify that the discharger and/or Regional Water Board will provide an opportunity for public comment and public proceeding on the pollution prevention plan. Regional Water Quality Control Board, Central Valley Region Board Meeting— 3/4 May 2007 Item#17