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Group Memory
January 26, 2004
4500 Cherry Creek Drive South

Agenda

12:30 p.m. Agenda Review, Introductions
12:35 p.m. Legislative Update (Barbara Biggs)
1:00 p.m. WQCC Update (Paul Frohardt)
1:10p.m. Division Update (Mark Pifher)
1:30 p.m. Preliminary Retreat Planning
1:40 p.m. EPA Section 304(a) Criteria Overview (Dave Moon)
--Proposed Copper Criteria (Steve Canton)
2:15 p.m. Break
2:25 p.m. Statewide Monitoring Coordination (Barbara Biggs)
3:00 p.m. CWCB Water Supply Investigation (CWCB Staff)
3:30 p.m. Work Group Updates
4:10 p.m. Develop and Agree on Next Steps0
4:15 p.m. Adjourn

Legislative Update

BILL SPONSOR TITLE/SUBJECT STATUS
SB
04-013
Entz Senate Must Confirm CWCB Appointment Passed Senate. To House Ag
SB
04-032
Isgar Loans of Ag Water Rights Passed Senate. To House Ag
SB
04-039
Taylor DNR Exec Director no Longer Voting Member of CWCB Assigned to Ag Com
SB
04-101
Gordon Sales Disclosure Nonrenewable Water Passed Sen. Ag To Bus. Affairs
SB
04-104
Tupa Water Conservation Measures Postponed Indefinitely 1/28/04
SB
04-118
Entz Exclude Designated Ground Water Basin Assigned to Ag.
SCR
04-003
Anderson Eliminate Tabor Ratchet State Local Assigned to Finance
SJR
04-003
Entz Water Pollution Revolving Fund List Passed Senate. To House Ag.
SJR
04-004
Entz Drinking Water Revolving Fund List Passed Senate. To House Ag.
HB
04-1035
Hoppe No Proxy Voting by CWCB Assigned to Ag Com
HB
04-1040
Salazar Basin of Origin Mitigation Requirements Assigned to Ag Com
HB
04-1073
Smith Water Right Applicant Must Notify Landowners Passed Ag. To Floor
HB
04-1091
Miller Development of Denver Basin Aquifer Postponed Indefinitely 1/28/04
HB
04-1147
Hall Environmental Management System Permit Assigned to Ag Com
HB
04-1152
Hoppe Membership Req. for Water Resources Review Com. Passed House. To Senate Ag
HB
04-1178
Briggs Regulation of Pesticide Applicators Assigned to Ag Com
HB
04-1185
Smith Denver Basin Conjunctive Use Water District Assigned to Ag Com
HB
04-1221
Hoppe CWCB Construction Fund Assigned to Ag Com
HB
04-1233
Weissmann Water Conservation Measures Assigned to Ag Com
HB
04-1243
Frangas Rehabilitate Reservoirs Finance Priority Assigned to Ag Com
HB
04-1256
Hodge Interruptible Water Supply Agreement Anytime Assigned to Ag Com
HJR
04-1009
Young Analysis of AK River Basin Impacts of Transbasin Diversions Assigned to Ag Com


WQCC Update (Paul Frohardt)

December WQCC meeting agenda items included:

· Extending the current Human Health criteria policy to December 2004
· Site Specific Water Quality Standards (re: OGCC)

The Commission did not meet in January

February WQCC meeting agenda items included:

· A Rulemaking Hearing regarding State Discharge Permit and CAFO programs to address the new federal requirements
· A briefing on the Statewide Monitoring Coordination issue
· Updates to the guidance for the Watershed Protection Fund
· A briefing regarding Water Quality Trading

March WQCC meeting agenda items to include:

· A rulemaking hearing on the 2004 303(d) list
· Information briefing on the Impacted Water Supply Committee [Now moved to May]
· Site specific ground water standards (re: OGCC)
· Administrative Action Hearing on the 305(b) report

There will possibly be a request for an emergency Rulemaking Hearing regarding ammonia standards on the North Fork of the Gunnison River


Western States Water Council Update

· The discussion paper was finalized last fall regarding effluent-dependent and -dominated waters in the arid west.
· The Council is in discussion with the EPA about follow-up discussion on these issues


The Water Quality Control Division Update (Mark Pifher)

· CAFO regulations: The Division is beginning to close the gap on the new regulatory requirements and compliance issues. The Division has applied for an Innovations Grant with the EPA to hire someone who would work with the regulated CAFOs to help them self audit for compliance.

· SB 276: The second survey has gone out to the stakeholder base
· The Miccusoukee Case was argued last week (re: permitting inter-basin transfers)
· The Permitting report on state primacy and EPA will be out next week
· Negotiations between EPA Region 8 and the State regarding storm water are getting closer to agreement. Issues regarding "Common Plan of Development" is still a sticking point.
· Indirect potable reuse will be explored internally in the Division and with external entities where appropriate.

Preliminary Retreat Planning

· The retreat will be August 2-3, 2004 in the Summit County area
· Dave Moon will check with EPA Headquarters for attendance possibility
· SB 276 will be a major agenda item

EPA Section 304(a) Criteria Overview (Dave Moon)

The following are WQS documents from EPA's Office Of Water. Additional details for all of these recent documents are available on the internet:

http://www.epa.gov/waterscience/new.html

1. January 20, 2004- Notice of Availability of Draft Revised Human Health Criteria for Chloroform and Request for Scientific Views. The draft document would revise the applicable CWA § 304(a) criteria based on an updated risk assessment in IRIS. The update includes the new national default fish ingestion rate, a relative source contribution factor, and new bioaccumulation factors (BAFs). The “water & organisms” and “organisms only” criteria would change from 5.7 ug/L and 470 ug/L to 68 ug/L and 2,400 ug/L, respectively. DATES:EPA will accept scientific views on the draft revised chloroform criteria on or before March 22,2004.

2. January 14, 2004 - Technical Summary of Information Available on the Bioaccumulation of Arsenic in Aquatic Organisms. A final technical document that summarizes available scientific information on the amount and chemical forms of arsenic that bioaccumulate in aquatic organisms.

3. January 12, 2004 - Technical Support Document, Volume 2: Development of National Bioaccumulation Factors. A final technical document to accompany the Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health, published in 2000. The Technical Support Document Volume 2: Development of National Bioaccumulation Factors contains technical details on how EPA develops national bioaccumulation factors for use in deriving national recommended human health criteria.

4. January 5, 2004 - Final CWA § 304(a) Aquatic Life Criteria for Tributyltin (TBT). Acute and chronic criteria recommendations for TBT designed to protect aquatic life in both fresh and saltwater. TBT is an organotin compound used primarily as a biocide in antifouling paints. It is extremely toxic to aquatic life and is an endocrine-disrupting chemical that causes severe reproductive effects in aquatic organisms. TBT is extremely stable and resistant to natural degradation in water. Except possibly where a locally important species is very sensitive, freshwater aquatic life and their uses should not be affected unacceptably if the one-hour average concentration of TBT does not exceed 0.46 ug/L more than once every three years on the average (acute criterion) and if the four-day average concentration of TBT does not exceed 0.072 ug/lmore than once every three years on the average (chronic criterion).

5. January 5, 2004 - Notice of Draft Aquatic Life Criteria for Nonylphenol and Request for Scientific Views. Draft acute and chronic criteria recommendations for nonylphenol designed toprotect aquatic life in both freshwater and saltwater. Nonylphenol is an organic chemical produced in large quantities in the United States. It is soluble in water and moderately resistant to natural degradation in water. Except possibly where a locally important species is very sensitive, freshwater aquatic life and their uses should not be affected unacceptably if the one-hour average concentration of nonylphenol does not exceed 28 ug/L more than once every three years on the average (acute criterion) and if the four-day average concentration of nonylphenol does not exceed 5.9 ug/l more than once every three years on the average (chronic criterion). DATES: EPA will accept scientific views on the draft nonylphenol criteria on or before April 5, 2004.

6. December 31, 2003 - Notice of Draft Aquatic Life Criteria for Copper and Request for Scientific Views. A draft document, 2003 Draft Update of Ambient Water Quality Criteria for Copper (EPA-822-R-03-026), containing updated freshwater and saltwater aquatic life criteria for copper. These criteria revisions are based in part on new data that have become available since EPA's last comprehensive criteria updates for copper. In addition to incorporating new data, the freshwater criteria also incorporate the use of the biotic ligand model (BLM) in the criteria derivation procedures. Except possibly where a locally important species is very sensitive, freshwater aquatic organisms an their uses should not be affected unacceptably if the4-day average concentration of dissolved copper does not exceed the BLM-derived site-waterLC50 (i.e., Final Acute Value (FAV)) divided by the final acute-chronic ratio more than once every 3 years on the average (i.e., the CCC); and if the 24-hour average dissolved copper concentration does not exceed the BLM-derived site-LC50 (or FAV) divided by two, more than once every 3 years on the average (i.e., the CMC). DATES: EPA will accept scientific views on the draft revised copper criteria on or before March 1, 2004.

7. December 31, 2003 - Notice of Draft Aquatic Life Criteria for Diazinon and Request for Scientific Views. Draft acute and chronic criteria recommendations for diazinon designed to protect aquatic life in both freshwater and saltwater. Diazinon is an organophosphorus pesticide used throughout the U.S. to control insects in agricultural areas, households and urban settings. It is mobile and moderately persistent in the environment. Except possibly where a locally important species is very sensitive, freshwater aquatic life and their uses should not be affected unacceptably if the one-hour average concentration of diazinon does not exceed 0.10 ug/L more than once every three years on the average (acute criterion) and if the four-day average concentration of diazinon does not exceed 0.10 ug/L more than once every three years on the average (chronic criterion). DATES: EPA will accept scientific views on the draft revised copper criteria on or before March 30, 2004.

8. December 31, 2003 - Revised CWA § 304(a) Human Health Criteria. Updated final national recommended human health criteria for 15 pollutants: chlorobenzene, cyanide,1,2-dichlorobenzene, 1,4-dichlorobenzene, 1,1-dichloroethylene, 1,3-dichloropropene, endrin,ethylbenzene, hexachlorocyclopentadiene, lindane, thallium, toluene, 1,2-transdichloroethylene,1,2,4-trichlorobenzene and vinyl chloride. These updated criteria are based on EPA's newmethodology for deriving human health water quality criteria (i.e., the 2000 Human HealthMethodology) and supercede criteria forthese chemicals that the Agency had published earlier.The updated water quality criteria were calculated using the national default freshwater/estuarine fish consumption rate of 17.5 grams/day. Thirteen of the criteria were calculated using a relative source contribution value from the national primary drinking water standards for the same chemicals. EPA also incorporated a new cancer potency factor for 1,3-dichloropropene and vinyl chloride and a new reference dose for 1,1-dichloroethylene, hexachlorocyclopentadiene, and lindane. See Table 1 (attached).

9. November 7, 2003 - Notice of Draft Aquatic Life Criteria for Atrazine and Request forScientific Views. Revised draft acute and chronic criteria recommendations for atrazine designed to protect aquatic life in both freshwater and saltwater. EPA also released its revised Ecological Fate and Effects Risk Assessment for atrazine. Both documents incorporate EPA responses to additional information that became available after publication of the earlier draft criteria atrazine criteria document. Atrazine is an herbicide used throughout the U.S. to control weeds in agricultural crops. It is moderately volatile, soluble in water, and resistant to natural degradation in water. Except possibly where a locally important species is very sensitive, freshwater aquatic life and their uses should not be affected unacceptably if the one-hour average concentration of atrazine does not exceed 1,500 ug/L more than once every three years on the average (acute criterion) and if the Average Primary Producer Steinhaus Similarity deviation for a site is less than 5% (as determined using Comprehensive Aquatic Systems Model (CASM) or other appropriate model and index) and is not exceeded more than once every three years (or other appropriate return frequency sufficient to allow system recovery). The 5% index for the protection of the aquatic plant community should also be protective of most freshwater animals (chronic criterion). DATES: EPA will accept scientific views on the draft revised copper criteria on or before February 5, 2004.

Proposed Copper Criteria (Steve Canton)

A handout or Powerpoint presentation is available upon request.

Statewide Monitoring Coordination (Barbara Biggs, Vic Lucero)

· The Monitoring Council has a $19,000 grant ($4,000 from the Council and $15,000 from EPA) to develop a web-based map of on-going monitoring locations and associated data (what's being monitored by whom).

· The Monitoring Council has developed a second grant proposal for
$100,000 from Section 319 Nonpoint Source Funding that would be used to create a statewide data management tool that would ensure that local entities data was included in a database that would be in a useable format for the Division. No decision has been made at this time regarding what entity would maintain the database.

CWCB Water Supply Investigation ( Rick Brown, CWCB)

Please see www.cwcb.state.co.us and refer to the SWSI web site for an update.

Work Group Updates

Please refer to the Work Group updates section of this website for progress and next meeting times.

Next Meeting: March 22, 2004

· Updates:
   · Legislative
   · WQCC
   · Division
· Storm Water Matrix
· SB 276 Update
· Nonpoint Source Council (Jeanette Hillery)
   · Funding and list of proposed projects

 

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