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PART I <br /> Page 7 of 26 <br /> Permit No.:CO0000003 <br /> Evaluation(TIE or TRE)is being performed,unless otherwise exempted, in writing,by the Division. Notification must be <br /> received by the Division within 14 calendar days of the permittee receiving notice of the WET testing results. <br /> c. Automatic Compliance Response <br /> The permittee is responsible for implementing the automatic compliance response provisions of this permit when one of <br /> the following occurs: <br /> • there is a violation of the permit limit(both the NOEL and the IC25 endpoints are less than the applicable IWC) <br /> • two consecutive monitoring periods have resulted in failure of one of the two statistical endpoints(either the <br /> IC25 or the NOEL) <br /> • the permittee is otherwise informed by the Division that a compliance response is necessary <br /> When one of the above listed events occurs,the following automatic compliance response shall apply. The permittee <br /> shall either: <br /> • conduct accelerated testing using the single species found to be more sensitive <br /> • conduct a Toxicity Identification Evaluation(TIE)or a Toxicity Reduction Evaluation(TRE)investigation as <br /> described below. <br /> i. Accelerated Testing <br /> If accelerated testing is being performed,testing will be at least once every two weeks for up to five tests,running only <br /> one test at a time,using only the IC25 statistical endpoint to determine if the test passed or failed at the appropriate <br /> IWC. Accelerated testing shall continue until; I two consecutive tests fail or three of five tests fail,in which case a <br /> pattern of toxicity has been demonstrated or 2)two consecutive tests pass or three of five tests pass, in which case no <br /> pattern of toxicity has been found. Note that the same dilution series should be used in the accelerated testing as was <br /> used in the initial test(s)that result in the accelerated testing requirement. <br /> If accelerated testing is required due to failure of one statistical endpoint in two consecutive monitoring periods,and in <br /> both of those failures it was the NOEL endpoint that was failed,then the NOEC shall be the only statistical endpoint <br /> used to determined whether the accelerated testing passed or failed at the appropriate IWC. Note that the same <br /> dilution series should be used in the accelerated testing as was used in the initial test(s)that result in the accelerated <br /> testing requirement. <br /> If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a <br /> pattern of toxicity is found,a TIE/TRE investigation is to be performed. If a pattern of toxicity is not demonstrated but <br /> a significant level of erratic toxicity is found,the Division may require an increased frequency of routine monitoring or <br /> some other modified approach. The permittee shall provide written notification of the results within 14 calendar days <br /> of completion of the Pattern of Toxicity/No Toxicity demonstration. <br /> ii.Toxicity Identification Evaluation(TIE)or Toxicity Reduction Evaluation(TRE) <br /> If a TIE or a TRE is being performed,the results of the investigation are to be received by the Division within 180 <br /> calendar days of the demonstration chronic WET in the routine test,as defined above,or if accelerated testing was <br /> performed,the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 60 <br /> and 120 calendar day points of the TIE or TRE investigation. The Division may extend the time frame for <br /> investigation where reasonable justification exists. A request for an extension must be made in writing and received <br /> prior to the 180 calendar day deadline. Such request must include a justification and supporting data for such an <br /> extension. <br /> Under a TIE,the permittee may use the time for investigation to conduct a preliminary TIE(PTIE)or move directly <br /> into the TIE. A PTIE consists of a brief search for possible sources of WET,where a specific parameter(s)is <br /> reasonably suspected to have caused such toxicity,and could be identified more simply and cost effectively than a <br /> formal TIE. If the PTIE allows resolution of the WET incident,the TIE need not necessarily be conducted in its <br /> entirety. If,however,WET is not identified or resolved during the PTIE,the TIE must be conducted within the <br /> allowed 180 calendar day time frame. <br />