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PART II Page No. 28 Permit No. CO-0034142 (Continued) ii. The Division has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions at the . time of issuance. For permits issued to new sources or new dischargers, this cause includes information derived from effluenrtesting required under Secfion 61.4(7)(e) of the Colorado Discharge Permit System Regulations.. This provision allows a modification of the pemnt to include conditions that are less stringent than the exsting pemrit only fo the extent allowed under Section 61.10 of the Colorado Discharge Pemilt System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause ' only as follows: - {A) The permit condition requested to-be modified was based on a promul"gated effluent limitation guideline, EPA approved water quality standard, or an effluent ]imitation set forth in 5 CCR 1002-62,' 62 et seq.; and . (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the .permit condition was based, or Las approved a Commission action with respect to the water quality standard or -- effluent limitation on which the permit condition was based; and - °- (C) The perminee requests modification after the notice of final action by which tLe EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; ar (D}.For judicial decisions, a couri of competent jurisdiction has remanded and stayed EPA promulgated regiilat{ons or effluent limitation guidelines, if tLe remand and stay concern that portion of the regulations br guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, within ninety (90)'days of judicial remand. , iv. The Division determines that good cause exists to modify a permit condition because.of events over which the permittee has no control and for which there is no reasonable available remedy. v. The permittee Las received a variance. , . . vi: WLen required to incorporate applicable toxic effluent limitation or standards adopted pursuanbto' 307(8) of the Federal act, .. . vii. When required by tLe reopener conditions in the permit. viii.:As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program ix. When the level of discharge of any pollutant, which is not limited in tLe permit, exceeds the level, which can be achieved by tLe technology-based neahnent requirements appropriate to the permittee under Section 61'.8(2) of the Colorado - -Discharge Permit System Regulafions. - - ---- - - - x. To establish a pollutant notification level requued in Section 61.8(5) of the Colorado Discharge; Perrot System Regulations. xf. To correct technical mistakes, such as erors in calculation, or mistaken interpretations of law made in detemtining permit conditions, to the extent allowed in Section 61.10 of the Colorado Discharge Permit System Regulations. xii. When required by a permit condition to incorporate a ]and application plan for beneficial reuse of sewage sludge, to revise an existing ]and application plan, or to add a land apphcatron plan. xiii. For any other cause provided in Section b1.10 of the Colorado Discharge Permit System Regulations. c. At the request of a permittee, the Division may modify o: terminate a pemrit and issue a new pemrit if the following conditions are met: i. The Regional Administrator has been notified of the proposed modification or temnnation and does not object in writitt] within 22tirty (30) days of receipt of notification, ii. The Division finds that the pemtittee has shown reasonable grounds consistent with the Federal and State statutes an regulations for such modifications or termination; iii. Requirements of Section 61,15 o€the Colorado Discharge Permit System Regulations have been met, and iv. Requirements of public notice Lave been met.