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~~ ~•. (without advance notice from WQCD) and are now inconsistent with the requirements of 40 CFR Part 434. We are also concerned that these permit modifications were implemented by the WQCD, with no input from industry and, as far as we can tell, with no involvement or input from DMG. As such, with no apparent justification, these new CDPS requirements are more onerous than the federal counterpart requirements. The specific effluent requirements of concern are summarized by the following: 40 CFR Part 434 40 CFR Part 434.63(a)(2) provides some relief from effluent limitations (called Alternate Limitations) during precipitation events (or snowmelt) less than or equal to the 10-year, 24-hour event. In particular, the operator may meet the alternative "settleable solids" standard rather than the TSS standards. 40 CFR Part 434.63(d)(2) provides even further relief from effluent standards during precipitation events greater than the 10-year, 24- hour event. During this larger event, the operator is required to meet only a pH and oil and grease standard. Colowyo believes these standards are reasonable and reflect a balance between the control technology that is practical in terms of reasonable pond management of large in-flow volumes versus the conditions likely to be anticipated naturally in the receiving streams during or after such large precipitation events. CDPS Permit During the past 10+ years all of Colowyo's CDPS permits and renewals had discharge standards that were essentially the same as those found in 40 CFR Part 434, including the Alternate Limitations noted above. Recently, our permit (COG-850000) was renewed (effective date July 1, 1992) and later found to include language that placed severe limitations to the alternate limitations for large precipitation events provided for by the federal regulations. The most disconcerting are the additional permit statements found in Part I.B,l.d. that are not found in the federal rule. This section deals with the burden of proof requirements when requesting relief from TSS, total iron and/or settleable solids limitations due to precipitation events or snowmelt. This section states that "Relief shall be granted only when necessary and shall not be granted when the permittee has control over the discharge" and further that "All manual dewatering must meet TSS and total iron limitations." In effect, this new permit language has essentially removed the option of Alternate Limitations from any Permittee who utilizes manually operated headgates on sediment ponds.