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REGIONAL BOARD RESPONSE (SWRCB10CCFILEA-1634) - 8 - <br /> PETITION <br /> 8 - <br /> PETITION FOR REVIEW OF WASTE DISCHARGE REQUIREMENTS <br /> ORDER NOS. R5-2004-0028 AND R5-2004-0029 <br /> CIFY OF MANTECA WATER QUALITY CONTROL FACILITY <br /> 9.2, and the 19 March 2004 response to comments document (pages 19-20, Item No. 4, Binder <br /> No. 1) for more information. <br /> FIFTH BASIS: IMPROPER IMPOSITION OF EFFLUENT LIMITATIONS FOR <br /> ALUMINUM <br /> Manteca requests that the State Board modify, or order the Regional Board to modify, <br /> Order No. R5-2004-0028 to remove the effluent limitations for aluminum and Order No. <br /> R5-2004-0029 to account for the removal of the inappropriate effluent limitations for <br /> aluminum. <br /> The discharge of aluminum was found to have a reasonable potential to cause or contribute to an <br /> in-stream excursion above the USEPA Ambient Water Quality Criteria. As such, an effluent <br /> limitation for aluminum is required and was included in Order No. R5-2004-0028. <br /> The Regional Board properly adopted effluent limitations for aluminum based on the narrative <br /> toxicity water quality objective in the Basin Plan and the narrative chemical constituents <br /> objective. The validity and applicability of the Basin Plan were previously addressed in the <br /> 19 March 2004 Response to Comments, pages 5-6. In implementing the narrative toxicity <br /> objective for aluminum,the Regional Board determined that it was appropriate to apply the <br /> USEPA Ambient Water Quality Criteria for the Protection of Freshwater Aquatic Life, as <br /> authorized by 40 CFR 122.44(d)(1)(vi)(B). All effluent limitations are supported by substantial <br /> evidence in the record. The Regional Board understands that the total recoverable aluminum test <br /> method accounts for all forms of aluminum in a sample. However, aluminum can exist in the <br /> non-toxic aluminum silicate form. Therefore the Regional Board believes it is appropriate to <br /> modify the Order to allow the use of acid soluble test methods to show compliance with the total <br /> recoverable effluent limitations for aluminum and to show compliance with effluent limitations <br /> based on objectives to prevent aquatic toxicity. Such a change may address the City's concerns <br /> without effecting water quality. <br /> Please refer to permit finding 46, information sheet section 9.3,permit tables 3 and 6 and the 19 <br /> March 2004 response to comments document(pages 5-6, 8-9 and 20-23,Item No. 4, Binder No. <br /> 1) for more information. <br /> SIXTH BASIS: IMPROPER IMPOSITION OF EFFLUENT LIMITATIONS FOR <br /> ARSENIC <br /> Manteca requests that the State Board modify, or order the Regional Board to modify, <br /> Order No. R5-2004-0028 to remove the effluent limitations for arsenic and Order No. R5- <br /> 2004-0029 to account for the removal of the inappropriate effluent limitations for arsenic. <br /> Alternatively,Manteca requests that the State Board modify, or order the Regional Board <br />