September 20, 2022
Presentation of Aluminum Spatial Follow-Up presentation — Bob Gensemer and Dan Guth
Presentation of data to Water Quality Forum Workgroup
Environment and Lands Committee — October 3-4 in DC
PFAS Listing as CERCLA hazardous substances — Nov 7 comment deadline
November 18 CMA Meeting — Devoted to PFAS — GEI federal and Geosyntec State issues in permits
EPA 404c — Pebble Mine — Pre-emptive veto
Metal Mining Stormwater Permit — CMA comments filed August 31, 2022
Lack of engagement by Water Quality Control Division (WQCD)
Historic or inactive mining
- Unclear permit conditions — general certifications cannot be appealed
- Numeric limits being applied
- Application of ELG’s
- Counties — cost of compliance — inactive mines, property purchases
- Trout Unlimited filed helpful comments
- Cost benefit analysis
Schedule: CMA distributed draft comments for review (supplemental comments) on September 23rd, send out, review by 30th (CMA members) — submit to WQCD on October 6
Rebuttal period: October 13-24 — hoping comments are posted by wqcd.
October 17 — 10:00 AM CMA call to discuss rebuttal
NMA may submit additional comments.
Might want to reach out to other general permits being modified, especially to application numeric limits
CPA has invited Division to speak to CMA WQ Division — Nathan Moore and Erin Scott — Initial topics include:
- WET Testing
- Downstream segment protections
- Expansion of stormwater outfalls
- Chantell has longer list
Division has denied permit comment extensions on an increasing basis.
Permit Builder tool — confidential — permittees sign NDA’s. Limits what you can comment on.
Commission meeting — Re-advertise position
- October 20 — WQ Permits Webinar — Selenium — Without section manager?
- WQ Forum Workgroup — workplan?
- WQCC Reg 38 and retreat
- Commission changed anti-degradation designations from the 2020 action — reversing, made reviewable, anti-degradation review for all waters
- Planning Meeting (used to be retreat)
Arsenic, EPA hasn’t met deadlines for arsenic criteria despite deadline in Idaho (consent decree), Colorado has been waiting for Idaho to act, extension given to EPA to November 2023.
WOTUS – Watching Sakett litigation, Supreme Court wouldn’t have taken case if they weren’t going to eliminate significant nexus test (Kennedy concurrence). If Sakett prevails, state will move forward, coordinate with Water Congress.