February 16, 2021
Dredge and Fill: Jimmy Boswell briefed the Committee about the CDPHE Dredge and Fill stakeholder meeting held earlier. The State of Colorado has asked that litigation in the Tenth Circuit Court of Appeals be held in obeyance for 60 days as the new Biden administration is reviewing recently promulgated rules during Trump administration. The CDPHE stakeholder process has ended, and it is not known if the work of the stakeholder process will guide the drafting of potential legislation. One item for further discussion item identified by potential legislative sponsors of any bill would be the cost of a new permitting program.
Federal Level Issues: Jimmy Boswell reviewed comments submitted by national mining associations including NMA covering EPA’s Draft Guidance on Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the CWA Section 402 NPDES Permit Program
Jimmy also described potential impacts of MSGP—Will Colorado requirements become more stringent because of MSGP issuance?
State Issues: Internal Permits workgroup: A week ago, Chantelle Johnson described two topics discussed: RP Reasonable potential and Chemical Evaluation.
The discussion covered these issues:
- Evaluation of legal issues
- Response to topics, have real discussion—much fuller discussion with the Division needed.
- Pennsylvania – approved chemical additives—Division asking for lots of upfront information.
Permit Topics Group – Topics to bring up to the Division?
Document what issues discussed but need follow up.
For the Chemical Evaluation discussion, questions came up about the scope of chemicals being evaluated.
Chemicals used in the mill process not discharged.
Coal preparation? Caustic materials, sulfuric acid?
Test at outfall? Not window cleaner materials.
Regulation 31- Samantha Anderson – Party status due March 17
Reg 93 (TMDL) changes will be covered by individual companies
Lots of changes in Regulation
Legislative Report: New Boulder legislator wants to increase fees for enforcement of Municipal Separate Storm Sewers.