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REGIONAL WATER BOARD RFSPONSE (SWRCB/OCC File A-1846(a) anr' ^-1846(b)) -29-
<br /> PETITIONS FOR REVIEW OF LE DISCHARGE REQUIREMENTS \/
<br /> ORDER NO. R5-2007-0036 (NPDES NO. CA0079154) AND
<br /> TIME SCHEDULE ORDER NO. R5-2007-0037
<br /> CITY OF TRACY, WASTEWATER TREATMENT PLANT
<br /> When EPA issues general permits under its rulemaking authority, no additional public notice is
<br /> required to make changes that are a "logical outgrowth" of the proposed rule. (NRDC v.
<br /> USEPA (9th Cir. 2002) 279 F.2d 1180, 1186-1188.) Requiring that the final permit be identical
<br /> to.the proposed permit would be antithetical to the whole notion of notice and comment. (1d.
<br /> at 1186.)
<br /> None of the required notice and comment laws required the Regional Water Board to provide
<br /> an additional comment period for the Late Revisions. The Regional Water Board far exceeded
<br /> all of the applicable requirements. The Board provided four separate comment periods, three
<br /> of which were at least 30 days long. In addition to the agenda item language, the Regional
<br /> Water Board provided and posted the draft permit and posted all of the late revisions on the
<br /> Internet. In most cases, the materials were posted more than 10 days before the meeting.
<br /> Nothing more was required.
<br /> cc: Mr. Doug Eberhardt, U.S. Environmental Protection Agency, Region IX, San Francisco
<br /> US Army Corp of Engineers, Sacramento
<br /> US Fish and Wildlife Service, Sacramento
<br /> US National Marine Fisheries Service, Santa Rosa
<br /> Ms. Lori Okun, State Water Resources Control Board, Sacramento
<br /> Mr. David Boyers, State Water Resources Control Board, Sacramento
<br /> Mr. Phil Isorena, State Water Resources Control Board, Sacramento
<br /> Department of Water Resources, Central District, Sacramento
<br /> State Office of Historical Preservation, Sacramento
<br /> Mr. Joe Spano, Department of Health Services, Environmental Management Branch.
<br /> Stockton
<br /> Ms. Carol Oz, Department of Fish & Game, Region II, Rancho Cordova
<br /> Delta Protection Commission, Walnut Grove
<br /> Mr. Paul Marshall, Department of Water Resources, Office of SWP Planning,
<br /> Sacramento
<br /> Department of Environmental Health, San Joaquin County, Stockton
<br /> Mr. Steve Macaulay, California Urban Water Agencies, Sacramento
<br /> Mr. Richard Denton, Contra Costa Water District, Concord
<br /> Mr. Dante Nomellini, Jr., Central Delta Water Agency, Stockton
<br /> Mr. John Herrick, South Delta Water Agency, Stockton
<br /> Mr. Steve Bayley, City of Tracy Department of Public Works, Tracy
<br /> Ms. Linda Smith, Metropolitan Water District of Southern California, Sacramento
<br /> Mr. Eric Parfrey, Sierra Club, Stockton
<br /> Mr. Bill Jennings, California Sportfishing Protection Alliance, Stockton
<br /> Mr. Dana Nichols, Stockton Record, Stockton
<br /> Ms. Megan Anderson, Environmental Advocates, San Francisco APPROVED
<br /> Mr. Kathryn Geis, West Yost and Associates, Santa Rosa
<br /> Mr. Adam Lazar, Environmental Law Foundation, Oakland
<br /> Mr. Mike Jackson, Law Office of Mike Jackson, Quincy STAFF
<br /> Mr. Andrew Packard, Law Office of Andrew Packard SENIOR
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