2005 ISSUES SCAN
To develop a Colorado Water Quality Forum work
plan for the coming year, we:
(a) Reviewed, clarified, and refined the issues
list as indicated below
(b) Completed a triage review of the finalized list to develop a 2005
– 2006 WQF Work Plan for the Colorado Water Quality forum which
included:
(i) Issues for work groups or other proactive
CWQF attention;
(ii) Issues for monitoring or informational
briefings only;
(iii) Issues that are not a priority for CWQF
attention at this time.
2005 Issues List:
1. 2004-2005 CWQF work groups:
a. Basic Standards Triennial Review (Paul
Frohardt)
b. Impacted Water Supply (Dave Akers)
c. Nutrient Criteria (Bob McConnell)
d. Sediment Guidance (Bob McConnell)
e. Aquatic Life Classifications (Bob McConnell)
f. Water Quality Trading Policy (Pat Nelson)
g. Section 303(d)/TMDL (Phil Hegeman)
h. Wastewater Reuse (John Rehring)
i. Practical Quantitation Limits Guidance
(Dave Akers)
j. SB03-276 Study (Mark Pifher)
2. Upcoming Water Quality Control Commission
rulemaking hearings:
a. Basic Standards and Methodologies for Surface
Water (06/05).
b. Discharges to Storm Sewers (Reg. #65) (07/05).
c. Wastewater Reuse (Regs. #84/#61) (08/05).
d. Chatfield Reservoir Control Reg. (10/05).
f. Eagle River water quality standards (12/05).
g. 2006 Section 303(d) List/M&E List (02/06)
h. San Juan/Gunnison water quality standards
(06/06)
3. Upcoming Water Quality Control Commission
administrative action hearings:
a. Nonpoint Source Management Program update
(08/05).
b. FY06 Financial Assistance IUPs (10/05)
c. FY06 Nonpoint Source Project funding (02/06).
d. Section 305(b) Report (03/05).
4. Upcoming WQCC triennial/routine review hearings:
a. Biosolids Regulation (07/05).
b. Arkansas/Rio Grande water quality standards
ISH (10/05)
c. San Juan/Gunnison water quality standards
IFH (11/05).
d. Colorado River salinity standards (12/05)
e. Revolving Fund and State Grant Rules (Regs.
#51, #53) (01/06)
f. Pretreatment Regulations (02/06)
g. Dillon Reservoir Control Regulation (03/06)
h. CAFO Control Regulation (Reg. #81) (04/06)
i. Procedural Rules (05/06)
5. Other upcoming WQCC hearings:
a. WQCD PQL Guidance IH (10/05)
6. EPA action on Colorado’s 2004 Section
303(d) List.
7. Future water quality program funding.
8. Arid West Water Quality Research Project.
9. EPA guidance re water quality standards for
effluent dependent/dominated waters.
10. Colorado Water Quality Monitoring Council
status.
11. Colorado Ground Water Quality Protection
Council.
12. Proposed “Good Samaritan” Act.
13. Source Water Protection Program.
14. EPA’s guidance Sanitary Sewer Overflow
Regulations/Definition of “significant non-compliance”
15. Mercury standards and compliance.
16. CDPHE policy for fish consumption advisories.
17. Stormwater Phase II implementation. And
enforcement issues
18. Whole effluent toxicity test method and
implementation guidance from EPA
19. Discharge permit jurisdictional issues (e.g.
Miccosukee, Catskills, Talent Irrigation, etc.)
20. Interaction between EQIP and section 319.
21. Coalbed methane development (salinity issues
re: produced water—what is being injected? What is Wyoming doing?)
22. Environmental Management System implementation.
23. Proposed EPA Selenium standards.
24. Salinity issues.
25. EPA Performance Partnership Agreement/Strategic
Plan efforts – “Program Activity Measures” and “Protection
Plans”.
26. EPA enforcement initiatives (Primarily Stormwater)
27. State enforcement initiatives (stormwater,
drinking water, CAFOs)
28. Waste disposal challenges related to advanced
drinking water treatment: 1. EPA guidance for radiated waste (“norm”
and “t-norm”) and, 2. Assimilative capacity above low flow
issues, (e.g. discharge permits re: Thornton, etc)
29. Rocky Mountain National Park air deposition
issues.
30. CAFO permitting in view of 2nd Circuit decision.
31. Updating of Colorado Water Quality Management
and Drinking Water Protection Handbook
32. Emerging Contaminants (e.g. Blue/Green Algae,
DNA Typing, etc.)
33. Anti-degradation guidance and implementation
34. Temperature Standards
35. Safe water/Drinking water integration
36. Quality/Quantity Issues (what are they?)
37. Recreation Implementation
38. Ammonia Standards and Implementation
Watershed approach in the Context of the EPA
Strategic Plan
(Joe Piotrowski, Office of Wetlands, Oceans, and Watersheds)
[A power point presentation is available on
this Website]
Local Watershed Approaches
[Power point presentations are available upon
request]
SB 276 Analysis: What worked? What do we need to
do for 2006?
• The 276 Report and Process was very
good
• Departments needs to have a clear message of what they want
and don’t want (it was a moving target
• Had support of Stakeholders up front
• Draft bill took too long (from Dec.- March) and the bill lost
momentum
• A lesson: when necessary, the JBC can find $
• Stakeholders as a group were not held together but some were
individually involved
• For timing purposes, stakeholders need lead time to checking
with their organizations—we did not have this
• Need to communicate/meet with stakeholder group regularly
• The CAFO permit issue became one of the priority issues to address
the 276 Bill
• As bill moved forward, need some way of keeping up with each
other
• Should utilize resources of WQF to help involve CACI and CML
(we do have members within the CWQF)
• In the future, the Utility Council wants own Drinking water
Fee, not to be wrapped up in other fee bills
• The Wastewater Utility council would like to see a different,
more successful fee schedule increase (will be encouraging more involvement
of their members with CML)
• Permit fees (to the penny) are in the State Statute so we can
not address salary increases and other increases of operational costs
Strategies/Next Steps Regarding “276”
Issues:
1. Cindy Duffy –will get July date for
next “276” meetings of Advisory Group (By July 7th)
2. Dave Merritt (on behalf of Glenwood Springs Council) will talk to
Sam Mammet about new fee bill
3. Watershed groups should play a role (present at Watershed Assembly?)
4. Need a WQF/CDPHE panel to talk to CML Membership
5. Need a list of ?s brought up by legislature for next session
6. Re-evaluate strategy with shift to a democratic legislature
7. Need to go to legislature with draft bill in September (if possible)
8. Add Xcel to the original stakeholder work group list
9. Establish a series of meetings through December (at next meeting,
also establish a communication schedule after December)
10. Meet before Agriculture Council during legislative session
11. Consider using broadcast e-mail to broaden water quality community
to help lobby legislature
12. Agreed upon broad principles by WQF:
a. Primacy of State
b. Fee Equity
c. Fee for service a worthwhile concept for discreet services
d. Pursue some level of General Funds
Water Quality Forum Business Matters
Next meetings:
September 26, 2005
November 21 (need a location)
January 23, 2006
March 27, 2006
May 22, 2006
Retreat – TBA
Financial Report (Lisa Carlson)
[Handout Available upon request)
• Suggestion: send fundraising letter in May or June before end
of State fiscal year
Administrative Committee Member ship Confirmations
Agenda Committee: Paul Frohardt, Pat Nelson,
Mark Pifher, Barbara Biggs, Vic Lucero, Jeannette Hillery, New WQ Director
Executive Committee: Don Carlson, Jeannette
Hillery, and Robert Sakata
Website Committee: Pat Nelson, Paul Forhardt,
and Sue Ellen Harrison
Work Group Process: What is working, what do we need to change?
• Reduce the number of continuing issues
• Need to clarify the role/responsibilities of work group members,
including the groundrules (decision makers in organizations?), speak
up here, not out there, etc.)
• Need to look at issues by issues and be specific about the role
of the group (e.g. work group, advisory group, technical group, what
is purpose/role?) Some issues may evolve beyond a work group.
• Work groups can become overwhelming for the Staff of the Division
• The Division Staff are frequently in the position of defending
proposals—Should other chair the committees?
• Each work group needs to have clear expectations and definition
of decision making
• If you can not declare a position or advocacy within a workgroup,
individuals need to declare that fact to rest of work group
• Need to have an agenda item about the work group process
• Time commitment is massive for participants—can there
be tighter timeframes?
• Need to get the message out about the WQF for people who may
not be aware
• Need to bring people up to speed. If people do not know or have
questions, then they need to ask, take responsibility as well
NEXT STEPS:
• Develop work group guidelines for member
roles, groundrules, process, agenda etc. (Jeannette Hillery, Paul Frohardt,
Robert Sakata, and Lisa Carlson) By September meeting
• Send 2005 2006 Work Plan to master e-mail list and remind people
about website, etc. (Paul Frohardt - by August)
COLORADO WATER QUALITY FORUM
2005 - 2006 ANNUAL WORK PLAN
1. 2005-2006 CWQF work groups:
a. Impacted Water Supply (Dave Akers)
b. Nutrient Criteria (Bob McConnell)
c. Sediment Guidance (Bob McConnell)
d. Aquatic Life Classifications (Bob McConnell)
e. Practical Quantitation Limits Guidance
(Dave Akers)
f. Assimulative Capacity Above Flows (Dave
Aker)
g. Temperature Standards (Sarah Johnson)
h. Ammonia Standards and Implementation (Pat
Nelson)
2. Issues for monitoring and informational briefings
a. Section 303(d)/TMDL (September, Phil Hegeman)
b. Future water quality program funding (September)
c. Anti-degradation Guidance and implementation
(September – Pat Nelson)
d. Environmental Management System implementation
(September and March)
e. Emerging contaminants: blue/green algae,
DNA typing, etc. (September—Amy)
f. CDPHE policy for fish consumption advisories
(November)
g. EPA guidance re water quality standards
for effluent dependent/dominated waters. (November)
h. Waste disposal challenges related to advanced
drinking water treatment (November, Glenn, CDPHE)
i. CAFO permitting in view of 2nd Circuit
decision (November, Meg Collins)
j. Rocky Mountain National Park air deposition
issues (Novemember/January)
k. EPA’s guidance re: Sanitary Sewer
Overflow Regulations/definition of “significant non-compliance”
(January)
l. Whole effluent toxicity test methods and
implementation guidance from EPA (January)
m. Source Water Protection Program (January/March)
n. Proposed EPA Selenium standards (January/March)
o. Environmental Management System implementation
(September and March)
p. Updating of Colorado Water Quality Management
and Drinking Water Protection Handbook (May)
q. Arid West Water Quality Research Project
(as needed)
r. Colorado Water Quality Monitoring Council
status (as needed)
s. Colorado Ground Water Quality Protection
Council (as needed)
t. Proposed “Good Samaritan” Act
(as needed)
u. Discharge permit jurisdictional issues
re: Miccosukee, Catskills, Talent Irrigation, etc. (as needed)
v. Interaction between EQIP and section 319
(as needed)
w. Wastewater Reuse (John Rehring—as
needed)
x. Recreation Implementation (if needed)
New Work Group Membership Sign Up
Add to Impacted Water Suppy: Lee Johson (ljohson@chp-law.com),
Mary Fabiisiak (mfabisiak@ci.westminster.co),
Add to Nutrient, Sediment, Aquatic Life: Mary
Fabiisiak (mfabisiak@ci.westminster.co)
Temperature Standards Work Group (Sarah Johnson,
Chair):
Barb BiggsMary Fabisiak, Sue Ellen Harrison,
Taylor Hawes, Barb Horn, Lee Johnson, Christine Johnston, Melinda Kassen,
Aimee Majewski, Dave Merritt, Pat Nelson, Peter Nichols,, Mark Pifher
,Jerry Raisch Jim Sanderson, Esther Vincent,Barbara Waltz, Amy Woodis,
John Woodling, Melissa Young
Ammonia Standards and Implementation (Pat Nelson)
Lee Johson (ljohson@chp-law.com), Mary Fabiisiak
(mfabisiak@ci.westminster.co), Amy Woodis (awoodis@mwrd.dst.co.us),
Paul Frohardt (paul.frohard@state.co.us), Sarah Johnson (sarah.Johnson@
state.co.us, Barbara Biggs (bbiggs@mwrd.dst.co.us)
Meeting Evaluation:
What worked? Location/Food, Watershed Panel,
EPA Headquarters Person, Timing
What would you have changed? Move tables so we can move behind them,
name tags that work.