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iii iiiiiiiiiiiu-ii <br />Memorandum <br />To: Dan Hernandez <br />From: Janet Binns <br />Date: 08/09/00 <br />Re: TCC petition to CDPHBE <br />File: C:/jhb/C82056/DMRs/petition to CDPHE <br />Twentymile is petitioning the Colorado Department of Public Health and Environment for a change in the <br />pH limits for NPDES permit No. CO-0042161, outfall No. 001. This outfall corresponds to the Fish Creek <br />Borehole, mine water dischazge (site 15). <br />This outfall location is currently permitted for pH 6.0 -9.0 s.u. These current limits aze in agreement with <br />limits required by 40 CFR 434 (p. 282-289). Twentymile Coal Company proposes to raise the upper pH <br />limit to 10.0 s.u. This would be higher than the limits allowed by 40 CFR 434 (6.0-9.0 s.u.). <br />I spoke with Kent on whether or not we need to comment to the health department. He showed me the <br />pertinent portions of 40 CFR but said we would need to determine which part of 40 CFR 434 would apply. <br />What direction do we need to take? Can the Health Department approve standazds that deviate from 40 <br />CFR? And if they do what position does that put us in with regazds to 4.05.2(7)? <br />Please let me know what action I need to take concerning the Health Departrnent public notice? The public <br />comment period is open until September 4, 2000. <br />