Water Quality Committee Meeting Summary
January 18, 2022
FEDERAL ISSUES
- Chris Reichard reported on the status of the re-write of the WOTUS rule. Step 1
- Close to reverting to definition of WOTUS pre-2015.
- EPA had two virtual stakeholder meetings. Rehash of old arguments
- Science should lead vs scope of law including court cases
- Commenters asked that exclusions be added back into list of what is not WOTUS, need longer list of exclusions.
- National organizations are surveying members regarding Jurisdictional determinations—what are regulators asking for.
- Bob Gensemer discussed TSD—Technical basis for significant definition—agency making everything case specific, disconnected waters to be included in definition.
- Potential for litigation to further define significant nexus.
- Step 2—Agency still reviewing applicants for stakeholder roundtables.
- Corps of Engineers finalize 40 of nationwide permits not finalized last year, dates are consistent with others. Other permits may be of interest to CMA members but not specifically mining.
- Selenium Implementation Guidance—NMA provided comments. Consistent with other industry comments. Does not go through rulemaking process. Thanks to Bob Gensemer and GEI for their work on this issue.
- Aluminum TSD—Comments extended to March 9.
STATE ISSUES
January 13 Webinar on Water Quality Permits Group
January Meeting Notice
Summary Points:
- Nathan Moore—new Clean Water program manager—CMA to invite to future meeting
- Permits and Applications, other reports submit in electronic signature form—will give 6 months prior to changing back to previous practice, though could continue past COVID.
- Construction Permit for Stormwater—for buildings—number of signatures needed when change of ownership
- PFAS grants for sampling, emergency assistance and infrastructure—drinking water systems, publicly owned treatment works and other non-profits—are members getting monitoring requirements in permits, CMA would like to track that.
Anti-Degradation – Non-Impact Limits (NILS)
AD Implicit NILS Memo January 2022 PUBLIC NOTICE DRAFT
WQCD Plain Language Description of Antidegradation (AD) NILs
Memo subject to public comment. Topics to comment on:
- Individual parameter to which NIL would be applied to
- 2-year period of record as close to 2000.
- No changes to water quality or change to operations
- Data adequacy—1 data point not enough
- Categories
CMA will provide comments. Focus on data adequacy, 2-year period. Chantell will send out ideas. Add Poppy Staub and Miguel Hamarat and Bob Gensemer to list.
Chemical Evaluations
Meg Parrish indicated Not requiring editing of safety data sheets, Division has new forms for suppliers for information requests:
Division will provide list of previously approved proprietary chemicals. Coming out with new website in early February that will address chemical evaluations. Review of member permit renewals to indicate direction Division is taking.
Anti-Degradation Alternatives Analysis
Where the anti-degradation limits cannot be met.
Aluminum—Small CMA group has been meeting
- 2018 EPA 304a criteria developed state has not implemented in 10-year roadmap
- Bio-available (Rodriguez method) —what is the available bio-available, not available to permittees. Method has to be 40cfr-136 approved if used in permit. Has not gone through round robin process, possible ASTM approval. 2024 or later for availability. Aluminum is in mineral form, in total suspended solids. Anticipated permit limits for aluminum for discharges from mines.
- CMA considering doing a spatial analysis aluminum data currently available to determine if there are regional differences.
Water Quality Forum meeting aluminum workgroup
Next meeting February 16
Legislative Report
- JBC staff rejection of CDPHE WQ Supplemental request for additional permitting review
- Division can amend budget request to include for next year
- No news on dredge and fill legislation
- Anti-Degradation?
- PFAS?
- Already 9 bills on water generally introduced
Next meeting – February 1
