Water Quality Forum
DRCOG - January 27, 2003
Group Memory

Agenda

12:30 p.m. Agenda Review, Introductions, Web site Update (e-mail distribution)

12:40 p.m. Legislative Update (Barbara Biggs)

1:00 p.m. WQCC Update (Paul Frohardt)

1:15 p.m. Division Update (Mark Pifher)

1: 30 p.m. Other Updates

--Monitoring Council (Carl Norbeck)
--Statewide Drought Task Force (Carl Norbeck)
--309 Study Update (Carl Norbeck)
-- Arid West Symposium Update (Paul Frohardt)

2:00 p.m. Break

2:15 p.m. Decontamination Waste Treatment Issues (Steve Pearlman)

2:45 p.m. Storm Water Phase II Update (Kathy Dolan)

3:15 p.m. 2003 WQF Retreat

3:45 p.m. Develop and Agree on Next Steps

3:45 p.m. Adjourn

Legislative Update (Barbara Biggs)

A handout on the status of state water bills as of January 8, 2003 is available upon request. For a more recent update on the status and content of current state legislation, see www.leg.state.co.us/2003a/pubhome.nsf/pages/Status+Sheets

Possible Federal Legislation concerning water quality includes:

• A "Good Samaritan" Bill (Rep. Udall) regarding abandoned mine cleanup. A new round of discussion is happening on this bill with interest from several members of the Colorado delegation. Legislation should be introduced soon.

Water Quality Control Commission Update (Paul Frohardt)

[See the WQCC web site at: www.cdphe.state.co.us/op/wqcc/wqcchom.asp for more information]

January Meeting:

• Denied a request to reconsider DIMP Standards
• Conducted a Rulemaking Hearing on Discharge Permit regulations (general provisions and housed commercial swine feeding operations).
• Amendments to the 401 Regulations were approved (these were ones that were approved on an emergency basis last year).
• Informational Hearings were held on: the Recreational Use Classification guidance document (posted on web site), the Reasonable Potential guidance document, and the Triennial Review for the Colorado River Salinity Standards document (no changes were made).

Other Business

• A work session on the Nonpoint Source Program will be held on March, including a discussion of the potential funding available through the Farm Bill.
• The Joint Agriculture Committee briefing on March 12^th will include:
• an update on the 309 Study
• The 303(d) list and ongoing the ongoing discussions with EPA on this list
• The Nonpoint Source Program
• The MBTE Standards rulemaking hearing has been postponed to allow more time for discussion
• Segments from the 303(d) list can be delisted in a March 12 hearing but the scope is limited to proposals suggested by the Division staff only.
• There are three WQCC appointments expiring in February. Anyone interested, please obtain an application on the State of Colorado Office of Boards and Commissions web site: www.state.co.us/gov_dir/govnr_dir/bc/index.htm
• The Colorado Watershed Protection Fund (an income tax "check off" for watersheds) is administered by the Colorado Water Quality Commission, the Colorado Water Conservation Board, and the Colorado Watershed Assembly. Planning and protection grants will be available. A final guidance document is available on the WQCC web site.

Colorado Water Quality Control Division Udate (Mark Pifher)

Current Issues:

• The general fund budget situation is extremely difficult with 10% cuts across the whole budget. The Division is trying to meet those cuts by not filling vacant positions.
• The Division currently does not have a single enforcement manual. The Division is putting one together that would include all enforcement policies, procedures, and updates. [Once a draft manual is put together, the Water Quality Forum will be asked to review it and make suggestions.]
• Trading Issues (including cross-pollutant trading) will be examined to assist the State in developing a State policy or regulation [A Water Quality Forum Working Group was established to address these issues--See this web site for participants and future meeting information.]
• SWANCC decision re: EPA/Corpsjurisdiction over isolated waterbodies is the subject of an ANPRM. Comment deadline recently extended to mid-April. The Division is not formulating a state position at this time, though the WQCC has been briefed and ASIWPCA is formulating a position..
• The Federal Safe Drinking Water Act is requiring more resources for State implementation. The Division will conduct focus/stakeholder group meetings to determine a range of acceptable funding structures and service levels. Will develop a strategy by August and seek a sponsor for legislation next year.

Arid West Symposium Update (Paul Frohardt)

December 11, 2002 Symposium identified several follow-up items to address a range of Arid West Water Quality issues including:

• Use Attainability Analysis--Gathering case studies from different States. What has worked? What hasn't?
• Appropriate criteria for Arid West conditions (e.g. metal standards about a hardness of 400 mg/l--site specific criteria).
• Discussion about terms such as "effluent dominated", etc. so everyone has a common definition.
• How should we handle effluent dependent/dominated waters in terms of water quality standards? [Western states with input from EPA are going to have a work group to advance the discussion of this topic.]
• SWANCC decision regarding definition of "waters of the United States"--what will this mean?

Decontamination Waste Treatment Issues (Steve Pearlman)

(A handout is available upon request)

• Need to consider what might happen is there is an urgent need to bypass the treatment facilities because of contamination
• There needs to be greater involvement of all collector systems in any planning protocols.

Colorado Storm Water Phase II Update(Kathy Dolan)

• Regulation adopted by WQCC in January 2001
  
• Division working with Task Force since that time
  
• With Task Force assistance, produced Colorado Municipal Guidance – very successful – adopted in whole or part by other states as well
  
• Have identified and designated most Phase II MS4s, including special districts and school districts
  
• About 120 MS4 entities designated
  
• Two draft MS4 permits (state-wide and Cherry Creek Reservoir basin)

-Ready for issuance (pending 9^th Circuit Court case)

-Permits essentially require six minimum measures (public education, public involvement/participation, illicit discharges, construction, post-construction, and pollution prevention for municipal operations)

-Written so that MS4s involved with TMDL can stay under same permit

-Cherry Creek Basin drainage – extra requirements based on CCB control regulation

• 9^th Circuit Court case – ruling issued 1/14/03 (see excerpt below)

-Possible impacts for state and EPA MS4 permits

-May be required to delay MS4 permit certification until Division has reviewed SW management programs, gone to public notice

• Due date for applications is still March 10, 2003
  
  
• Boulder and Fort Collins are applying for 319 grant to set up school curriculum based on water quality
  
  
• UDFCD formed on-going workgroup to work on public education issue – probably meet quarterly
  
  
• March 10^th deadline also applies to applications for municipally-owned industry, construction
  
  
• Division sent 1800 letters/Q&A to cities, counties and special districts with municipally-owned industry guide
  
  
• Wrote guidance for Qualifying Local Programs – only Golden has submitted a QLP so far
  
  
• Issue with West Nile virus and post-construction BMPs – standing water may encourage mosquito breeding – Division found some information, but more is expected this summer (national issue)
  
  
• Oil and Gas industry – petition to the WQCC to revise Phase II regulation, exempt their industry for 1-5 acre construction sites, also add TMDL-based waiver from EPA’s regulation

-WQCC set hearing for April, only dealing with TMDL waiver issue

-EPA issued notice of intent to delay 1-5 acre construction permitting for oil and gas facilities for 2 years, based on potential economic impact not being considered during original rule-making

-Division has offered to practice enforcement discretion on non-filers until March 10

-If EPA finalizes delay, WQCC is expected to follow suit

-Status of TMDL waiver hearing unclear at this time

United States Court Of Appeals For The Ninth Circuit 1/14/03

…We conclude that the Phase II General Permit option violates the Clean Water Act’s requirement that permits for discharges "require controls to reduce the discharge of pollutants to the maximum extent practicable," 33 U.S.C. § 1342(p)(3)(B)(iii), because the Phase II rule does not provide for review of notices of intent. We also conclude that the Phase II General Permit option violates the Clean Water Act because it does not contain express requirements for public participation in the NPDES permitting process. We remand these aspects of the Phase II Rule.

MS4 Permit - Stormwater Discharges Associated With MS4s (draft) Part I.A.6(a)

Request for Additional Information: The Division shall have up to 30 days after receipt of the above information to determine application completeness, and to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional fifteen days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this permit.) The Division shall have up to 180 days after receipt of the complete application to determine the adequacy of the permittee’s CDPS Stormwater Management Program as described in the application.

March 24, 2003 WQF Meeting

Possible topics:

• Updates:

-Legislation
-CWQCC
-Division

• Retreat Schedule (EPA Availability)
• Coalbed Methane (EPA/Felicity)
• Chronic Wasting Disease
• Trading Issues Work Group Update
• Other