Group Memory
March 22, 2004
4500 Cherry Creek Drive South

Agenda

12:30 Agenda review, introductions
12:35 Legislative update (Sara Duncan/Barbara Biggs/Jeannette Hillery)
1:00 WQCC Update (Paul Frohardt)
1:10 Division Update (Mark Pifher)
1:30 SB 276 Update (Mark Pifher)
2:00 Break
2:25 Retreat Update
2:40 Nonpoint Source Council (Jeannette Hillery)
Funding and proposed projects
3:15 Work Group Updates
Including Low Flow Modeling for Discharge Permits
3:45 Develop and Agree on Next Steps
4:00 Adjourn

Agenda review, introductions

Added Selenium Update
Question on website: the site was moved to a different server. Donna is looking at a new website. New URL is: http://projects.ch2m.com/cwqf
o Question about compiling master email list or list-serve.
o Work group chairs email member of working groups.
o Need further discussion for website committee

Legislative update (Sara Duncan/Barbara Biggs/Jeannette Hillery)

Pretty quiet on the water side
o Waiting on Matt Smith’s bill
o Brad Young talking about water quality bill like Lola Spradley’s bill last year

Barbara Biggs was confirmed to the CWCB board

Sen. Dyer has committed to have the draft of his bill ready next week.

WQCC Update (Paul Frohardt)

Feb. meeting: began a rulemaking hearing on discharge permit requirements for CAFOs to implement new federal requirements – continued to April meeting

March meeting: rulemaking hearing on 2004 Sec. 303 (d) list; monitoring and evaluation list. Hearing completed and held special meeting to deal with these. Submitted to EPA – posted on website. EPA is required to act within 30 days. Preliminary indication is that they will disapprove ½ dozen segments.

Upcoming April meeting:

Hearing on 319 funding; rulemaking hearing on regulation 84, and rulemaking hearing on regulation 22.

Triennial review for regulation 62 - statewide effluent limitations– info hearing – no anticipated issues

Hearing on update on North Front Range WQPA 208 plan – anticipated to be non-controversial

Briefing regarding the Clear Creek basin water quality authority annual report

Continuation CAFO hearing

May meeting:

Rulemaking hearing on regulations 51 and 53 – state wastewater revolving fund and state grants program for small communities – thrust to change commission actions on annual intended use plans and priority plans so that they are not done through rulemaking, but through administrative action

Hearing on update of Pikes Peak area COG 208 plan

Rulemaking hearing on Regulations 31, 41, 42 – but limiting it to 1 4 dioxine – others will be re-noticed for a September hearing

Site specific surface water quality hearing by Paonia for the North Fork of Gunnison river – proposal that state adopt site specific standards on ammonia. Some chance that hearing may go away [now cancelled]

July meeting:

Basin wide hearing - South Platte Basin – Hearing Notice just filed and on website

Regarding the WQCC appointments – The Governor made appointments for those that expired Feb. 15 of this year. 3 terms were up, and all three were reappointed. 3 more were appointed after the legislative session ended last year. All were all up for confirmation, and were confirmed.

They are trying to develop a water quality standards database that contains rules in a database document rather than a Word document. It would enhance search capabilities. Development is underway and a version of the South Platte standards are close to complete. They are planning to do final review in next few weeks and then have it available for the division staff to utilize as a database to see if it works. At next WQF meeting, they will bring printouts to show what it looks like. Not planning to implement new database version in the July hearing for the South Platte, but hope is that if it looks OK and works, they will finish inputting data from other basins and will transition to make it the official version of the standards. Eventually it will be on the website. Will do a demo for WQF later.

Division Update (Mark Pifher)

EPA undertaking a project “Permitting for Environmental Results” looking at permitting programs – now putting together profiles – disseminating draft of “Permitting Profiles” that look at things like: legal authorities, public participation policies, management strategies, data management issues, etc. Don’t see any real issues with Region 8. Have seen some deficiencies, and are working on a report on how to remedy those deficiencies. SWIFCA update is due this week. Will probably go to EPA headquarters and then to the state. The regions will work into annual partnership agreements what improvements need to be made.

EPA handed out a draft document on ways to implement their national strategic plan, that includes “PAM”s’ (Program activity measures) on each state. For state review at the moment – must comment by end of months to EPA headquarters. They then would reconsider and reissue. Not much opportunity to change the measures – but may have the opportunity to tweak or additional measures. Soon, division will sit down with EPA and look at how measures apply to Region 8. Question as to how it breaks down by states within the region. Goal to finalize is September 1.

“Brainstorming” Meeting was held on Indirect Potable Reuse – Not sure where to go next. Initial meeting was on the level of interest, type of working group to form, who should sponsor? (Not forum, but keep informed). Talked about public relations, technical and treatment issues, jurisdictional issues. Second meeting will be held. Minutes and agenda coming. Not scheduled yet.

Developing a systems of concern program under drinking water umbrella for smaller communities without resources. Intent is to help deal with backlog of noncompliance for small communities. They would make contact, notify of resources, provide compliance assistance prior to reaching serious noncompliance level. Help these communities to return to compliance and avoid formal enforcement action. Beginning with 4 locations in the next month and meeting with them to help.
Paonia: hearing scheduled in May. Based on new data, analysis was re-run on ammonia levels they would have to meet. New calculations will provide some relief, so the hearing may come off the agenda.

Western States Water Council hosting a meeting in Las Vegas next Wednesday to go through arid west flow related issues. Doing it by state, EPA will be there and be part of discussion. Colorado is using the Fraser River example. Will report back at next WQF on dialogue.

Department of Health strategic plan is on their web site.

Attended a meeting with rock products people dealing with elevated selenium levels on discharges. Discussion on standards, how to deal with them. Group is willing to put forth some effort and money to study, address issues, and work with fish and wildlife. Another meeting scheduled next week. Issues: Mixing zones; discharges to threatened and impaired waters.

PQL’s –changes to permit regulations that were approved in Feb. of 2003 removed PQL levels. The expectation was that they be incorporated into division led PQL document. Currently in the process of developing phase 1 of PQL document. Will also develop new PQL’s based on parameters included in standards document. List going around for interested parties to sign up for working group.

SB 276 Update (Mark Pifher)

See 2 Handouts:
o SB 276 draft report table of contents
o Page with five questions

A draft of SB 276 report will be out around May 15. This will serve as a starting point for discussion. Perhaps at retreat the Forum can have an expanded discussion on SB 276. Mark briefly went through the Table of Contents and discussed the issues involved.

Mark asked for feedback on the five questions handed out. Brief discussion and feedback. Please email Mark with additional feedback.

Retreat Update

Date: August 2-3, 2004. Tentative confirmation from Jeff Grubbs that he will attend.

Keystone facility is not available at that time, so we are looking for a new facility in the Breckenridge area.

Non-point Source Council (Jeannette Hillery) - Funding and proposed projects

Looking at doing watershed plans in sections, not just stream segments. Looking at an entire area and having outcomes for those plans.

Currently Getting about $2.7 million from EPA. Previously could not keep money if that money wasn’t used. Now able to keep money and carry forward. EPA money divided in half between base funding and incremental funding.

Last week, the council ranked projects: 29 projects received, 6 were watershed plans. Approved projects and will be going forward to the WQCC recommending funding.

Working more closely with the Division as to projects that need funding.

Projects: INE Coordinator position, electronic newsletter, Cherry Creek Reservoir.

Discussion and overview of the Council – members, activities.

Work Group Updates

Low Flow Modeling for Discharge Permits
Discussed at this morning’s basic standards work group. Will be discussed at June 9th Meeting.

Impacted Water Supply
Met Feb 23, and again last week.. Have been developing matrix that is more technical than policy. Expanded on concept regarding what would be brought to the commission – how to help the commission address the issue. In the process of working up the minutes of brainstorming minutes and broader water supply work group. Presentation to commission in May. Next meeting April 19th.

Nutrient Criteria
No update.

Sediment Guidance
No update.

Aquatic Life Classifications
Expected Condition Concept Paper draft 3 – undergoing major editorial revisions. Out there for comment on concepts. Comments due March 26. Follow up meeting March 29.

Water Quality Trading Policy
Met on March 18, finalizing the document, waiting for review on a few sections. Hope to have all sections revised by April 6. It will go out for public review after that. Next meeting in May.

Section 303 (d)/TMDL
Hasn’t met for a while. Waiting for EPA.

Basic Standards Triennial Review
Have had 9 – 10 meeting – long list of issues. Meeting summaries and meeting schedules on the website. Next Meeting April 19.

Selenium Update – Tad Foster

Selenium is an issue that needs to be raised in priority. Requires significant funding to address the issue. We should look into getting federal funding, similar to Arid West Research Project funding. Can we follow a similar model to get funding for Colorado to deal with selenium?

If interested in working on this issue, please contact Tad Foster: tadfoster@tsfosterlaw.com

Develop and Agree on Next Steps

Next Meeting: May 24

Agenda Items:
- Stormwater update matrix
- Report on Western states water council meeting regarding the Arid West Flow related issues

Agenda committee meeting on April 28 8:00 am.

Adjourn 3:15 pm