 40 CFR § 122.44(d)(1)(v) “(W)hen the permitting authority determines, using the procedures in paragraph (d)(1)(ii) of this section, toxicity testing.

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Presentation transcript:

 40 CFR § (d)(1)(v) “(W)hen the permitting authority determines, using the procedures in paragraph (d)(1)(ii) of this section, toxicity testing data... that a discharge causes, has the reasonable potential to cause... an in-stream excursion above a narrative criterion within an applicable State water quality standard, the permit must contain limits for (WET).”

 Number of failures  Degree of toxicity  Length of testing history

 Hypothesis testing e.g. NOECs  Point Estimates e.g. IC25s  Acceptability Criteria

Mysid shrimp Mysidopsis bahia is now Americamysis bahia.

 The draft IPs define significant noncompliance: initial failure followed by two more failures during the increased testing period.  Part of the Enforcement Initiation Criteria document used by the Enforcement Division.

 We are still working with EPA to get the WET section approved, but it will probably be in the next version of the IPs.  Nearing an agreement with EPA on RP.  Currently using IC25 reporting endpoints.  Addressed WET limit violations.  Michael Pfeil  (512)