2.  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 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).”

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

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

5. Mysid shrimp Mysidopsis bahia is now Americamysis bahia.

6.  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.

7.  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) 239-4592