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SPX CORPORATION ORDER R5-2019-0018 <br /> SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER CLEANUP NPDES NO. CA0081787 <br /> with all standard provisions and with those additional conditions that are applicable under <br /> section 122.42. <br /> Sections 122.41(a)(1) and (b) through (n) of 40 C.F.R. establish conditions that apply to all <br /> state-issued NPDES permits. These conditions must be incorporated into the permits either <br /> expressly or by reference. If incorporated by reference, a specific citation to the regulations <br /> must be included in the Order. Section 123.25(a)(12) of 40 C.F.R. allows the state to omit or <br /> modify conditions to impose more stringent requirements. In accordance with 40 C.F.R. <br /> section 123.25, this Order omits federal conditions that address enforcement authority <br /> specified in 40 C.F.R. sections 122.410)(5) and (k)(2) because the enforcement authority <br /> under the Water Code is more stringent. In lieu of these conditions, this Order incorporates by <br /> reference Water Code section 13387(e). <br /> B. Special Provisions <br /> 1. Reopener Provisions <br /> a. Whole Effluent Toxicity. This Order requires the Discharger to investigate the <br /> causes of and identify corrective actions to reduce or eliminate effluent toxicity <br /> through a site-specific Toxicity Reduction Evaluation (TRE) or, under certain <br /> circumstances, may be allowed to participate in an approved Toxicity Evaluation <br /> Study (TES) in lieu of conducting a site-specific TRE. This Order may be reopened <br /> to include a new chronic toxicity limitation, a new acute toxicity limitation, and/or a <br /> limitation for a specific toxicant identified in the TRE and/or TES. <br /> b. Water Effects Ratio (WER) and Metal Translators. A default WER of 1.0 has <br /> been used in this Order for calculating criteria for applicable inorganic constituents. <br /> In addition, default dissolved-to-total metal translators have been used to convert <br /> water quality objectives from dissolved to total recoverable when developing effluent <br /> limitations for copper. If the Discharger performs studies to determine site-specific <br /> WERs and/or site-specific dissolved-to-total metal translators, this Order may be <br /> reopened to modify the effluent limitations for the applicable inorganic constituents. <br /> 2. Special Studies and Additional Monitoring Requirements <br /> a. Chronic Whole Effluent Toxicity Requirements. The Basin Plan contains a <br /> narrative toxicity objective that states, "All waters shall be maintained free of toxic <br /> substances in concentrations that produce detrimental physiological responses in <br /> human, plant, animal, or aquatic life." (Basin Plan at page Section 3.1.20) Based on <br /> whole effluent chronic toxicity testing performed by the Discharger from <br /> January 2014 through June 2018, the discharge does not have reasonable potential <br /> to cause or contribute to an in-stream excursion above of the Basin Plan's narrative <br /> toxicity objective. <br /> The Monitoring and Reporting Program of this Order requires chronic WET <br /> monitoring to demonstrate compliance with the Basin Plan's narrative toxicity <br /> objective. If the discharge exceeds the chronic toxicity monitoring trigger this <br /> provision requires the Discharger either participate in an approved Toxicity <br /> Evaluation Study (TES) or conduct a site-specific Toxicity Reduction Evaluation <br /> (TRE). <br /> A TES may be conducted in lieu of a TRE if the percent effect at 100 percent <br /> effluent is less than or equal to 50 percent. Determining the cause of toxicity can be <br /> challenging when the toxicity signal is low. Several Central Valley facilities with <br /> ATTACHMENT F- FACT SHEET F-35 <br />