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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division <br />Amendment No. 3 Rationale. Permit No.: CO-0032638. Page 2 <br />This change is permissible under the WOCD Biomonitorin¢ Guidance Document. Although the state guidance defaults to <br />Ceriodaohnia sp. jot acute WET tests, it allows change to another identified species with Division approval. The <br />guidance states tha! it is permissible to change to D~a hnia magna when total dissolved solids tonicity is suspected of <br />causing WET jailures. This change from Ceriodaohnia sp. to Daphnia Marna. with respect to TDS issues, has been <br />previously made jot a number of other discharge permits. <br />The Division guidance document derives authority from the federal regulation, Guidelines Establishing Test Procedures <br />(or the Analvsis of Pollutants. 40 CFR 136. 77:is regulation was amended in 1995 to formally add the full group of test <br />species with no one species taking precedence over others. The regulation states that the determination of which species <br />are to be subjected to testing under a permit is [eft to the permitting authority -- in this case, the WQCD. The Division <br />guidance document simply elaborates from Colorado's perspective. <br />On this basis, the Division will grant the permittee's request. This is fully consistent with the way such requests have <br />been handled for other permits including mining permits and oil and gas production permits. Further, this permit <br />contains numeric limitations for sulfate, one componem of TDS. If these numeric linu[ations are exceeded, potentially, <br />WET tests using D~a hnia maxw would also fail. If failures of WET testing occurs in the fitture using Daohnia manna. <br />the permittee would be required to comply with Part /.B.3.b. and subsequent subsections of the permit. <br />Pan I.B.3.a. of the pernrit (page ix) is modified by this action. This action is subject to public notice <br />Jon C. Kubic <br />July 18, 2000 <br />