SITE INFORMATION AND CORRESPONDENCE_CASE 2

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REGIONAL WATER BOARD RES^r)NSE (SWRCB/OCC File A-1846(a) and P '846(b)) -21- PETITIONS FOR REVIEW OF VOVE DISCHARGE REQUIREMENTS 140 ORDER NO. R5-2007-0036 (NPDES NO. CA0079154) AND TIME SCHEDULE ORDER NO. R5-2007-0037 CITY OF TRACY, WASTEWATER TREATMENT PLANT CSPA — CONTENTION L: Monitoring requirements are inadequate. CSPA contends that methylmercury monitoring should be required in Order R5-2007-0036. See Regional Water Board response to CSPA — CONTENTION K, above. CSPA also contends that 24-hour composite samples for metals and semi-volatile constituents and continuous monitoring for pH, EC, and turbidity should be required in the Order. The Order requires that the monitoring for metals be 24-hour composite samples, which were added to the agenda version of the Order due to comments received by CSPA, with no objections by the Discharger or other interested persons at the Board hearing. The only semi- volatile constituent that requires regular monitoring is bis(2-ethylhexyl)phthalate. It is not appropriate to use 24-hour composite samples for bis(2-ethylhexyl)phthalate monitoring due to possible contamination from 24-hour composite samplers. Therefore, grab samples are required for bis(2-ethylhexyl)phthalate. The Order requires continuous monitoring for pH and turbidity. CSPA contends that continuous EC monitoring is necessary for the required EC studies in the Order. The Order requires weekly monitoring for EC, which is necessary to determine compliance with the interim-effluent limitations for EC. The Discharger may be required to monitor more frequently to adequately perform the required studies. The Discharger is required to submit work plans for the EC studies. The frequency of EC monitoring necessary for the studies will be evaluated at that time. CSPA — CONTENTION M: The Order fails to adequately discuss CEQA. The Order states that the action to adopt an NPDES permit is exempt from the provisions of Chapter 3 of Division 13 of the Public Resources Code in accordance with Section 13389 of the CWC. The action to adopt an NPDES permit may be exempt from CEQA; however the Order discusses significant expansion of the wastewater treatment plant, which is not exempt from CEQA. Later in the Fact Sheet, in discussing the temperature impacts of the discharge the Order discusses a CEQA document that was completed for the wastewater treatment plant expansion. The CEQA discussion within the Order must be expanded to discuss all of the water quality impacts discovered during the CEQA analysis. The Discharger confirms that they exceed the thermal plan 3-months out of each year. The Order states Discharger has proposed mitigation measures in their EIR, yet no such mitigation measures are identified or discussed in the Order. Intensive sampling for four-years is not mitigation. Issuance of NPDES permits are exempt under CWC section 13389 unless the permit is for a "new source," as defined in NPDES regulations. A "new source" is " any building, structure, facility, or installation from which there is or may be a "discharge of pollutants," the construction of which commenced: (a) After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or (b) After proposal of standards of performance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their