April 20, 2021
Navigable Waters Protection Rule: April 23 is the effective date for the Navigable Waters Protection Rule (WOTUS). Should have some bearing to Colorado debate over the rule. Relates to Colorado Dredge and Fill.
EPA published on March Aluminum Aquatic Life Criteria
Implications for Regulation 31: Potentially could have implications for Colorado as the state may work on this issue in the future.
What is the bio-available of aluminum—particulate vs. dissolved. Is that bio-available?
CMA invited Caitlin McCale of NMA present to CMA once EPA updates Regulatory agenda is published. The agenda does not appear to be published yet.
Dianna Orf asked if there was any idea of how quickly the Biden administration would rewrite WOTUS rule, Chris Reichart is following the issue, predicted it is a high priority. Should check with Caitlin at NMA for update.
Samantha Anderson—EPA discussion about selenium and other guidance.
CMA successfully filed its Responsive Prehearing Statement in the Water Quality Control Commission rulemaking. CMA covered the following issues:
- Longevity Plans
- Standards Not Routinely Applied
- General Support for Variances
May 12–Rebuttal Statement Due
June 14–Hearing Date
CMA members should meet several weeks before Rebuttal due date to coordinate finalizing its Rebuttal statement.
Chantell Johnson reviewed the Permits Webinar
General Permit—June 30 renewal
Small CMA Group convene?
Reasonable Potential—Form small group?—Report at May CMA meeting
Samantha Anderson added the issue of mixing in upstream segments—an issue for a future permits webinar. After Chemical Analysis. Samantha will begin preparing a write-up with Jimmy Boswell. Discuss in May or June.
Meet with Todd Ohlheiser: Samantha, Chris Reichard, Jim Sanderson
Annual Fees are a surprise.
Sand and gravel alternative a better path.
Dredge and Fill
The Committee discussed interest by the Colorado Water Quality Control Division to create a dredge and fill program to replace permits no longer required by the Trump WOTSUS rule.
Chris Reichard—state definition of dredge and fill—a loaded term.
Miguel described new CDPHE requirements for reporting of fire-fighting materials containing PFAS. CMA sent those materials to the Coal, Hardrock and Uranium Committees.