January 17, 2023
Caitlin McHale – WOTUS Presentation
December 30th Final Revised Definition of Waters of the U.S. Rule
Committee will attempt to discuss technical issues for future discussion.
Comments from CMA members are welcome to be provided to NMA.
Issues:
- Enumerated Exclusions
- Significant Nexus
- Wastewater Exclusion
- Groundwater guidance pursuant to Maui case and Colorado case. Issue to
- Tribal Reserve Rights
- EPA Unified Agenda (NMA provided info)
State Issues
Conversation with Nathan Moore – Discussion topics for meeting – March 21
Permit Section manager named.
Stormwater
Chronic Sublethal – WET
Agriculturally based EC and SARS absorption rates
Water Supply with downstream segments
Expansion of outfalls
PFAS limits and monitoring
Analytical costs
Committee to prioritize issues with summary.
Mention of PFAS memo to Nathan – not subject to change, but development of ELG development related to pre-treatment. Any impact to mining?
Any expansion of EGL development to define Best available technology.
Metal Mining Stormwater Permit – Nathan provided background information.
Planning to second part of CMA comments – requesting public comment for withdrawal.
Not expecting to change the scope of entities covered, such as inactive mines. Policy exists not to permit, may develop guidance, but may not want written policy. May develop simplified individual permits.
Division issues they want to raise:
WOTUS rule, Sackett decision
Maui – High Mountain Case – DRMS hasn’t discussed case with CDPHE since November. Going to have groundwater summit (annual) among SB 181 agencies.
Budget request – Nathan did not have a breakdown of functions. Regulatory flexibility requests may need additional staffing.
Performance Partnership Agreements with EPA – Construction permits affect number in backlog.
High Mountain Amicus brief – CMA to have small group meeting to discuss brief.
Legislative Items
Dianna: JBC budget request and legislation removing fees from statutes. Division by meeting one on one feels this is stakeholder discussions. Division would continue to have discussions the next few years to address ongoing funding which Commission would determine.
