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r� :Deltatieeper • c4,1< NO. :20T_645174 . Sep. X062 02:2aPM Memorandum of Agreement between the Environmental Protection Agency, Fish and Wildlife Service and National Marine Fisheries Services Regarding Enhanced Coordination under the Clean Water Act and Endangered Species Act, to use its oversight responsibility to ensure that states comply with existing CWA regulations to provide notice and copies of draft permits to the Services. A copy of the Permit must be sent to the Services and the Permit and hearing notice recirculated for comment. 3. The Permit contains a performance-based limit and five-year compliance schedule for copper pursuant to Section 2.2 of the SIP. The burden of requesting a time schedule and demonstrating shat immediate compliance is infeasible falls on the discharge[. The SLD, at 2.1, states that"[t]he discharger shall submit to the RWQCB the following justification before compliance schedules may be authorized in a permit: (a) documentation that diligent efforts have been made to quantify pollutant levels in the discharge and the sources of the pollutant in the waste stream, and the results of those efforts: (b) documentation of source control and/or pollution minimization efforts currently underway or completed; (c) a proposed scheduled for additional or future source control measures, pollutant minimization actions, or waste treatment(i.c., facility upgrades): and (d) a demonstration that the proposed schedule is as short as practicable." The definition of"practicable" is not what is simply practical but, rather, what is"technically feasible." We can find no information in the Permit that these explicit requirements have been met. Please provide the date when a compliance schedule was requested, documentation regarding source control and/or pollution minimization efforts, and the justification for a five-year compliance schedule. If the discharger failed to request a compliance schedule and document diligent efforts to implement and quantify source control measures, the compliance schedule must be placed in a Cease & Desist Order. In the absence of compelling evidence that compliance cannot be achieved in less than five years, the time schedule must be shortened. A reasonable schedule to install and operate a relatively small treatment train would likely be one or two year. 4. The Permit contains an interim performancc-based lint and five-year compliance schedule for total dissolved solids pursuant to 40 CFR § 122.47. However, 40 CFR § 122.47(a)(1.) states that "[a]ny schedules of compliance tinder this section shall require compliance as soon as possible, but not later than the applicable statutory deadline under the CWA." Please provide Usti fication of why the discharger is provided a full five years to achieve compliance. Major POTWs successfully complete major upgrades within five years. The subject facility is a small, comparatively simple trearment system and should be able to achieve compliance in significantly less time. 5. Finding No. 20 states that"[o]rder No. 93-221 included a daily maximum limitation for hexavalent chromium of 11 pg/l (ppb), and monthly average limitation for hexavalent chromium of 11 pg/l (ppb)." The Permit contains new limits of 8 pg/1 (monthly) and 16 µg/1 (daily maximum). The new daily maximum limit of 16 µg.1 backslides from the previous limit of 11 ug/l. The federal Del"- --cper Comments, Marley Cooling Tower NPDES Permit. 21 September 2012,page 3.