Laserfiche WebLink
, <br /> to Fact Sheet Tables 11-1, 11-4, and 11-5, however,the Regional Board did not use the existing <br /> CTR criterion of 4.7 micrograms per liter(µg/1) for dichloromethane, but instead selected the <br /> more stringent criteria guidance from the Office of Environmental Health and Hazard <br /> Assessment, which recommends 4.0 µg/1 as a public health goal for drinking water. The Basin <br /> Plan requires the Regional Board to consider relevant numerical criteria and guidelines <br /> developed by other agencies in determining compliance with the narrative toxicity objective. <br /> (Basin Plan, IV-17.00.) While the Regional Board does not abuse its discretion by deriving a <br /> more stringent effluent limitation from a narrative objective than would exist from an applicable <br /> CTR criterion that was developed to protect the same beneficial use as the narrative objective, <br /> when doing so,the Regional Board must address the section 13241 factors. Accordingly,we <br /> remand the effluent limitation for dichloromethane for consideration of the section 13241 factors. <br /> If appropriate, the Regional Board may base the effluent limitations upon the applicable CTR <br /> criterion instead. <br /> Contention: The effluent limitation for chloroform is derived from the U.S. <br /> Environmental Protection Agency(USEPA)National Recommended Ambient Water Quality <br /> Criteria for Human Health, which is 5.7 µg/1. The 5.7 µg/1 is not an adopted criterion for <br /> chloroform, and was rejected in the final CTR. The Regional Board's use of an unadopted <br /> criterion and superseded criterion is arbitrary and unreasonable and results in adoption of new <br /> water quality objectives without compliance with Porter-Cologne, the California Environmental <br /> Quality Act, and the California Administrative Act. <br /> Finding: This Board recently addressed a similar argument that was raised by <br /> the City of Vacaville, relating to chloroform, in State Board Order WQO 2002-15,pages 52-53, <br /> adopted on October 3, 2002. For the same reasons described in Order WQO 2002-15, the <br /> chloroform effluent limitation is inappropriate, and should be reconsidered by the Regional <br /> Board. <br /> Contention: The diazinon effluent limitation is derived from Department of Fish <br /> and Game (DFG) recommendations. In relying on the DFG recommendations, the Regional <br /> Board failed to explain the rationale for accepting these DFG recommendations in the record, and <br /> there is no evidence to support that the DFG recommendations are applicable or appropriate for <br /> the RWCF, or for the receiving waters. <br /> 5. <br />