November 13, 2000

Group Memory
November 13, 2000

Agenda

1:15 p.m. Agenda Review and Introductions

1:30 p.m. WQF Web Site Update/Check-in

1:35 p.m. Legislative Updates (as needed)

1:45 p.m. WQCC Update (Paul Frohardt)

2:00 p.m. WQCC process for Pre-Rule Making (Re: Externally generated proposals)—Paul Frohardt, Evan Ela , Russ Clayshulte

3:00 p.m. Break

3:15 p.m. New Sanitary Sewer Overflow regulation and proposals (Tad Foster)

3:45 p.m. Nutrient Criteria Committee Update (Dave Holm)

4:00 p.m. Ammonia Criteria Committee Update (Tad Foster)

4:15 p.m. Committee Updates (as needed)

4:45 p.m. Next Meeting Agenda

Legislative Updates

We have a new democratic Senate in Colorado and a "Conservative" minority in senate

John Andrews, minority leader C Marilyn Musgrave, caucus chair

Hillman is the assistant minority leader

Senator Evans is interested in moving an initiative forward (similar to last year's SB 215) and is currently calling a series of meetings with the Water Congress

Bill that gives tax credits for fish hatcheries to help clean up whirling disease—(may have bipartisan support)

There may a reintroduction of a bill to make D.O.W. an enterprise fund

There is a bill that has been drafted to create a permanent interim water committee

Since passage of Amendment 23 there is concern about endangered species fund

There will be a number of growth bills in the next session

Will be some kind of hog bill given the regulatory climate

There will be a bill for the reintroduction of wolves

Animas La Plata may have a bill regarding funding

A committee under Ron Catani is considering legislation rather than waiting for courts to decide Re: landowners and recreation "float" interests

WQCC Update

Commission adopted new Basic Standards; Legal Services Staff voiced a concern about a provision that was added in the 1980s but not changed in the most recent revision

In November, the Commission held an emergency hearing to make the required change to be sure the regulation is consistent with the statute regarding Section 207

WQCC needs clarification regarding the quorum rule as related to conflict of interests (should those that have the conflict of interest be counted in the quorum?) Commission is going to take this issue up at the next Procedural Rules Hearing—probably in July of 2001

South Platte water quality standards hearing

Recreation classifications- Class 1a is the default classification according to the Basic Standards rules. Do we have to have a use attainability now to avoid a further burden later if it led to a down grading? Conclusion: should be the same burden now or later.

Small/shallow urban streams: If there were no indicators of swimming, the department decided it should be classified as Rec. 1aC The commission went with Rec. 2 in this instance.

Self audit bill was resolved through a MOU between the State and EPA. It requires a public hearing (November 21, 12:30 p.m.) as part of the Hazardous Waste Commission meeting

WQCC along with other agencies will have a joint working meeting for overlapping issues (include GOCO Board, WQCC, the Wildlife Commission, CWCB, Agriculture Commission, Water Resources & Power Development Board, and the Ground Water Commission) Meeting date TBA, 10:00- 5:00 p.m. The Agenda will be in 3, 11/2 hour sessions on:

Growth

Stream/river restoration

General coordination

WQCC December Schedule

Rule making Phase II storm water rules

OGCC rulemaking proposal on a site specific "limited use and quality" classification

Triennial review for CAFO Regulations, "Cheraw" Lake control regulation (quality/quantity issues)

Information Hearings: 305 (d) report, human health criteria

Senate Bill 89-181 reports from OGCC, Hazardous materials and Waste Management Division

October Meeting

Mixing zone provisions were passed in October

Thanks to the work of Mixing Zone group—extended for 2 years

CPP document discussion was very involved and CWQCC will look for input from WQF

3 commissioners terms will be up on February 15, 2001 and may have a couple of openings

Have discussed with WQCC a change of process for March hearing to set deadline three weeks earlier for prehearing statement. At regular prehearing date, everyone can respond to the full arguments of proponents rather than just title of arguments.

Under these new deadlines, the March hearing dates will be:

January 17th - pre hearing statement due for proponents

February 7th - regular pre hearing deadlines

February 28th - Rebuttal deadline

Concern: Will the division have enough time to prepare rebuttal statements if a number were received on February 7th?

Concern: Are we trying to limit the time at WQCC hearing too much? Is this really in our best interest? As the issues are getting more difficult should we be limiting the time?

WQCC Process For Rulemaking

Internal proposals from the division have resulted in others being a part of discussion and have led to investigating a number of alternatives

Current formal procedures seem very compressed into a short period of time. Seems to ensure that parties take a hard line early on

Thornton would have liked to have discussion with WQF early in the process. Water suppliers need a greater role.

Thornton still has some problems on the South Platte and would like to look at alternative ways to assess these issues

WQCC is limited by triennial reviews and standards schedules-- if timing is a problem, then people have to wait until the next cycle

Perhaps there ought to be a way to opt out of the normal triennial review schedule if an alternative process is outlined (some things may need greater discussion, e.g., South Platte) even if we opt out after rebuttal statements

If there is an alternative process, we should make sure that the technical information is included.

Part of the problem has been "competing science"—is there really a problem—process needs to address this

The WQCC has wanted to move away from the huge basin triennial reviews—perhaps we should move to smaller, focused issues when necessary

Problem is primarily related to water quality standards

Need to discuss use of COGs in the water quality process

A working group on External Proposal Process was established.

Members are:

Paul Frohardt

Karen Wogsland

Russ Clayshulte

Barbara Biggs

Jeannette Hillery, Chairperson

Mark Pifher

Dave Merritt

Lee Johnson

Dave Holm will follow up on effluent dominated water supply issue—Next meeting—present, take questions, and possibly seek a subcommittee

Sanitary Sewer Overflows

New regulations are not yet out as originally scheduled, proposed rule (not yet approved) at: www.epa.gov/owm/rulmakef.htm

Work Group Updates

Basic Standards Implementation Work Group

November 29—Rec and Antidegradation, CDPHE, 1:30

External Proposal Process Work Group

Next meetings on November 27, 11:30 at DRCOG

Nutrient Work Group

EPA will host a national working group (teleconference) on nutrients criteria (will be like 304(a) criteria. The expectation will be that states will adopt nutrient criteria on their own schedule (but probably needs EPA approval) by:

Using EPA's criteria as a reference

Using states own criteria with another reputable basis

EPA criteria strictly

Ammonia Criteria Work Group

Warm water streams-- are looking at 30% reduction in effluent limitations

Will have an impact on cold water streams but not harsh

Next Meeting

January 4th, 2001

Dave Holm will present on effluent dominated water supplies

Legislation (Sara Duncan)