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REGIONAL WATER BOARD RESPONSE (SWRCB/OCC FILE A-1886) -9- PETITION FOR REVIEW OF WAO DISCHARGE REQUIREMENTS ORDER NO. R5-2007-0113 (NPDES NO. CA0079243) CITY OF LODI, WHITE SLOUGH WATER POLLUTION CONTROL FACILITY survival, 10% of the time, based on any monthly median. For chronic toxicity, ambient waters shall not demonstrate a test result of greater than 1 TUc." The Order protects aquatic life beneficial uses by implementing numerous measures to control individual toxic pollutants and whole effluent toxicity. Both the acute limits and receiving water limits are consistent with numerous NPDES permits issued by the Regional Water Board and throughout the State and are appropriate. CONTENTION I: CHRONIC WHOLE EFFLUENT TOXICITY LIMITATIONS REQUIRED The Permit does not contain an effluent limitation for chronic toxicity and therefore does not comply with federal regulations, at 40 CFR 122.44 (d)(1)(i) and the SIP The SIP contains implementation gaps regarding the appropriate form and implementation of chronic toxicity limits. This has resulted in the petitioning of an NPDES permit in the Los Angeles Region that contained numeric chronic toxicity effluent limitations. As a result of this petition, the State Water Board adopted WQO 2003-012 directing its staff to revise the toxicity control provisions in the SIP. The State Water Board states the following in WQO 2003-012, "In reviewing this petition and receiving comments from numerous interested persons on the propriety of including numeric effluent limitations for chronic toxicity in NPDES permits for publicly-owned treatment works that discharge to inland waters, we have determined that this issue should be considered in a regulatory setting, in order to allow for full public discussion and deliberation. We intend to modify the SIP to specifically address the issue. We anticipate that review will occur within the next year. We therefore decline to make a determination here regarding the propriety of the final numeric effluent limitations for chronic toxicity contained in these permits." The process to revise the SIP is currently underway. Proposed changes include clarifying the appropriate form of effluent toxicity limits in NPDES permits and general expansion and standardization of toxicity control implementation related to the NPDES permitting process. Without the toxicity control provisions in the SIP, the State Water Board concluded that it is infeasible to develop numeric effluent limitations for chronic toxicity. (WQO 2003-0012, pp. 9- 10.) Therefore, the Order requires that the Discharger meet best management practices for compliance with the Basin Plan's narrative toxicity objective, as allowed under 40 CFR 122.44(k). In addition, the Permit includes a narrative receiving water limit (Section V.A.14) and whole effluent toxicity testing requirements for both acute and chronic toxicity.