1. Whole Effluent Toxicity Sublethal Limitations Workgroup January 19, 2010 (please sign in and include an email address)

2. Agenda Welcome Purpose and Introductions Workgroup Ground rules EPA Sublethal Requirement General Updates What are other States doing? Topics to discuss in subsequent meetings

3. Purpose of Workgroup To discuss how the Division will incorporate numeric sublethal WET limitations in permits. To discuss how the Division will incorporate numeric sublethal WET limitations in permits. Timing – Timing – Short timeframe, and therefore the purpose of these meetings will be to briefly discuss topics and collect ideas Short timeframe, and therefore the purpose of these meetings will be to briefly discuss topics and collect ideas Identified Topics Identified Topics 1) When sublethal limits may be evaluated; 2) how RP may be determined; 3) what a sublethal limit will look like; 4) what happens if the limit is violated 1) When sublethal limits may be evaluated; 2) how RP may be determined; 3) what a sublethal limit will look like; 4) what happens if the limit is violated

4. WG Goals & Groundrules Workgroup Goals http://projects.ch2m.com/cwqf/Workgroups/guidlines.pdf Workgroup Goals http://projects.ch2m.com/cwqf/Workgroups/guidlines.pdf open discussion on key issues and topics with goal of obtaining consensus where possible, and/or understanding of issues where disagreement remains open discussion on key issues and topics with goal of obtaining consensus where possible, and/or understanding of issues where disagreement remains Workgroup Chair – Andrew Neuhart (WQCD) Workgroup Chair – Andrew Neuhart (WQCD) Workgroup Coordinator – Nancy Keller (Pueblo) Workgroup Coordinator – Nancy Keller (Pueblo) Email list – Please sign up Email list – Please sign up Information and Documents posted on WQ Forum Website – Workgroups - WET Information and Documents posted on WQ Forum Website – Workgroups - WET

5. WG Goals & Groundrules Groundrules Groundrules Come to each meeting prepared for the scheduled discussion, e.g. having reviewed any relevant draft documents that have been circulated prior to the meeting. Come to each meeting prepared for the scheduled discussion, e.g. having reviewed any relevant draft documents that have been circulated prior to the meeting. Speak up so that everyone can hear. Only one person should speak at a time. Speak up so that everyone can hear. Only one person should speak at a time. Be concise in asking questions and/or stating your perspective on an issue. Be concise in asking questions and/or stating your perspective on an issue. Avoid personal attacks. Be respectful of others’ perspectives and responsibilities. Avoid personal attacks. Be respectful of others’ perspectives and responsibilities.

6. WG Goals & Groundrules Groundrules Groundrules Look for similarities that may exist in spite of differences. Listen carefully to the perspectives/ proposals raised by others and respond in a manner that moves the discussion forward. Look for similarities that may exist in spite of differences. Listen carefully to the perspectives/ proposals raised by others and respond in a manner that moves the discussion forward. Clearly identify remaining differences that are not resolved by work group discussions. Clearly identify remaining differences that are not resolved by work group discussions. Avoid sneak attacks. Respect the process by letting others know of positions and actions that will be taken regarding the issues being discussed. Avoid sneak attacks. Respect the process by letting others know of positions and actions that will be taken regarding the issues being discussed.

7. Agenda Introductions Introductions Who Who Representing Representing EPA Statement of Chronic Toxicity Requirement – as stated in September 2009 meeting by EPA headquarters EPA Statement of Chronic Toxicity Requirement – as stated in September 2009 meeting by EPA headquarters

8. General Updates Ensure the new WET Policy includes/matches the requirements from the following documents: Ensure the new WET Policy includes/matches the requirements from the following documents: Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Fourth Edition, October 2002 Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Fourth Edition, October 2002 Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, October 2002 Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, October 2002 USEPA. 1991a. Technical support document for water quality-based toxics control. Office of Water. Washington, DC. EPA/505/2-90-001. USEPA. 1991a. Technical support document for water quality-based toxics control. Office of Water. Washington, DC. EPA/505/2-90-001. EPA Region 9, 10 (and 8) Toxicity Training Tool. EPA Region 9, 10 (and 8) Toxicity Training Tool.

9. General Updates Updated references through the new policy Updated references through the new policy Potential to remove the chronic lethality endpoint or change from IC25 to an LC (available in ICIS: 50 or 10) Potential to remove the chronic lethality endpoint or change from IC25 to an LC (available in ICIS: 50 or 10) Potential removal of Statistical Difference endpt Potential removal of Statistical Difference endpt Addition of how to request ATP Addition of how to request ATP Potential to identify the dilution ratios Potential to identify the dilution ratios Merge/Elimination of Biomonitoring Guidance and Laboratory Guidelines for WET (Mar 98) into one policy (by reference to EPA docs) Merge/Elimination of Biomonitoring Guidance and Laboratory Guidelines for WET (Mar 98) into one policy (by reference to EPA docs)

10. Current WET Limits At this time Colorado permit WET limits are based on lethality to the test species (acute as an LC50 > 100% effluent, or chronic as IC25 “as defined by lethality”, at the IWC). At this time Colorado permit WET limits are based on lethality to the test species (acute as an LC50 > 100% effluent, or chronic as IC25 “as defined by lethality”, at the IWC). Growth and reproduction are report only conditions, measured as part of the chronic test procedure. Growth and reproduction are report only conditions, measured as part of the chronic test procedure.

11. Future WET Limits Inclusion of numeric limitations for chronic sublethal effects. Inclusion of numeric limitations for chronic sublethal effects. How do we get there? How do we get there? Determine when to include sublethal limits Determine when to include sublethal limits Identify criteria for RP Identify criteria for RP Determine what the limitations will look like Determine what the limitations will look like Determine compliance/enforcement response to failed sublethal tests Determine compliance/enforcement response to failed sublethal tests

12. What are Other States Doing? StateInformation SourceCriteria for acute or chronicRP Michigan telephone communication BPJ Quantitative. Statistical determination of potential to exceed the limit, worst case toxicity value times multiplier compared to limit South Dakota telephone communication mainly acute, use BPJ for chronic, no documentation BPJ Ohiopolicy document Appear to evaluate both for all discharges multiple factors including: discharge type, WET data, ambient data, invertebrate community evaluations, mortality w/in the mixing zone, indications of toxic stress WisconsinWebsite WET policy Acute & Chronic <= 100:1 Acute (and maybe chronic) - 100:1 - 1000:1 >1000:1 generally no WET, but site-specific Quantitative analyses based on TU values

13. What are Other States Doing? StateInformation SourceCriteria for acute or chronicRP Arizonaboilerplate document discharge frequency or duration (acute when duration does not allow for chronic test to be conducted. Quantitative - one test result above 1.6 TU or monthly average above 1.0 TU Louisiana Implementation Document Chronic generally required for all majors and significant minors, may impose acute in addition or in place of chronic for minors or discharges with dilution 5% or less. Quantitative - based on EPA TSD, also qualitative Tennessee General Permit description on WET requirements Chronic - 100:1 or less Acute 100:1 - 500:1 >500:1 potential for waiver from WET testing Washington Online Policy, Permit Reviews Appear to look at both at 100% effluent, but allow dilution for both in limits Quantitative, based on screenings at 100% effluent, few permits seem to contain WET requirements

14. Topic Identification Item 1 When are sublethal limitations considered ? When are sublethal limitations considered ? EPA TSD – 100:1 or less dilution, site specific between 100:1 and 1000:1 dilution EPA TSD – 100:1 or less dilution, site specific between 100:1 and 1000:1 dilution Colorado – currently 10:1 or less (with exemptions) Colorado – currently 10:1 or less (with exemptions) Topics Topics What should the chronic dilution criteria be? What should the chronic dilution criteria be? Exemptions? Exemptions? Or should it be considered for all discharges or a subset there of? Or should it be considered for all discharges or a subset there of? Multiple determinations – dilution ratio, aquatic life class or expectations, type of pollutants, others? Multiple determinations – dilution ratio, aquatic life class or expectations, type of pollutants, others?

15. Topic Identification Item 2 How to Determine RP? How to Determine RP? EPA – quantitative based on TU’s EPA – quantitative based on TU’s Colorado – qualitative based on major/minor, pollutant evaluation, quantitative if data available Colorado – qualitative based on major/minor, pollutant evaluation, quantitative if data available Topics Topics Qualitative vs Quantitative (need to go to TU’s or direct comparison with IWC + margin of safety) Qualitative vs Quantitative (need to go to TU’s or direct comparison with IWC + margin of safety) Multiple lines of evidence – automatic if exceedance Multiple lines of evidence – automatic if exceedance New facilities or facilities without data New facilities or facilities without data Requiring test results with renewal applications Requiring test results with renewal applications

16. Topic Identification Item 3 What will a limit look like? What will a limit look like? EPA – acute LC50 at 100% effluent, chronic IC25 with dilution EPA – acute LC50 at 100% effluent, chronic IC25 with dilution Colorado – acute LC50 at 100%, chronic lethality IC25 (as expressed by lethality) AND Stat Diff at the IWC (need to fail both), report sublethal Colorado – acute LC50 at 100%, chronic lethality IC25 (as expressed by lethality) AND Stat Diff at the IWC (need to fail both), report sublethal Topics Topics TU or IWC TU or IWC continue with dual endpoints? (is stat diff similar to NOEC/LOEC or a comparison between replicates?) continue with dual endpoints? (is stat diff similar to NOEC/LOEC or a comparison between replicates?) Mixing zones? Mixing zones?

17. Topic Identification Item 4 What if a violation occurs? What if a violation occurs? EPA – accelerated testing – 6 tests, if 1 fails move to PTI/TIE, potential TRE EPA – accelerated testing – 6 tests, if 1 fails move to PTI/TIE, potential TRE Colorado – accelerated testing 2 in a row or 3 of 5, move to PTI/TIE, potential TRE Colorado – accelerated testing 2 in a row or 3 of 5, move to PTI/TIE, potential TRE Topics Topics Auto compliance schedule, PTI/TIE, TRE Auto compliance schedule, PTI/TIE, TRE Compliance Unit response, ERG Compliance Unit response, ERG

18. Next Meeting February 9 th – 9:30 to 12:30 – CDPHE February 9 th – 9:30 to 12:30 – CDPHE When do we look at sublethal. When do we look at sublethal. How should RP be determined. How should RP be determined. Additional ideas or follow up information due by January 25 th (allow for time to add to agenda and ensure documents posted to Forum website) Additional ideas or follow up information due by January 25 th (allow for time to add to agenda and ensure documents posted to Forum website)