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