HomeMy WebLinkAbout11646RESOLUTION NO. 11646
A RESOLUTION AUTHORIZING PARTICIPATION IN THE
COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT WATER QUALITY HEARINGS AND
WORKGROUP PROCESSES THROUGH 2009
WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system
subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality
Control Act; and
WHEREAS, the City of Pueblo is directly impacted by the regulation in terms of
compliance and finances; and
WHEREAS, the City of Pueblo's Wastewater National Pollutant Discharge Elimination
System (NPDES) permit, that dictates normal operations, is periodically impacted by these
rules; and
WHEREAS, the Colorado Department of Public Health and Environment has scheduled
a list of public hearings and workgroup processes where affected parties are afforded the
opportunity to comment on proposals
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Wastewater Department is hereby authorized to participate in the Colorado Department of
Public Health And Environment Water Quality Hearings and workgroup processes through
2009.
SECTION 2.
The City Manager is directed to file for party status on behalf of the City of Pueblo,
represented by the Wastewater Department and /or the City Attorney.
INTRODUCED: July 13, 2009
BY: Barbara Vidmar
COUNCILPERSON
APPR t)' 40 �-
PRESIDENTof City Council
ATTESTEC? BY:
CITY CLERK
i
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 8
DATE: July 13, 2009
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
A RESOLUTION AUTHORIZING PARTICIPATION IN THE COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY HEARINGS AND WORKGROUP
PROCESSES THROUGH 2009.
ISSUE
Should the City Council Authorize Participation in the Scheduled List of Public Hearings and
Workgroup Processes Where Affected Parties Are Afforded the Opportunity to Comment on
Proposals?
RECOMMENDATION
Approve this Resolution.
BACKGROUND
The Colorado Department of Public Health and Environment maintains a long -range schedule of
hearings that will be held before the Water Quality Control Commission. Each existing
regulation must be reviewed periodically, according to Section 25- 8- 202(f) of the Colorado
Water Quality Control Act, to solicit comments regarding whether particular regulations should
be retained, repealed or revised. A stakeholder workgroup process is used to assist the Water
Quality Control Division in developing workable rules on some issues. Water quality regulations
have direct impacts on Pueblo's ability to comply and on the cost of wastewater service. It is in
the best interest of the City to have City staff participate in the public process via stakeholder
workgroups and to provide testimony in rulemaking hearings in order to protect the City's rights.
A copy of scheduled hearings and workgroups for the remainder of 2009 are attached.
Wastewater Department staff will provide periodic updates to the City Council regarding public
process participation and receive direction from the City Council regarding policies.
FINANCIAL IMPACT
There is no immediate financial impact to the City of Pueblo. Involvement in the public process
will help the City of Pueblo to identify proposed rules that may have a financial or legal impact in
the City, and allow City staff to influence the rulemaking process. This involvement in the public
process is expected to help Pueblo to control future wastewater treatment costs.
List of hearings and workgroups that the Wastewater Department may be involved
with July — December 2009
1) Major hearings at CDPHE
➢ Basic Standards Hearings
• Issue formulation — November 9, 2009
• Party status and submittals on issues of interest for Pueblo that
may not have been recommended by the Division for inclusion will
be needed. This hearing will determine the issues that will be
addressed at the Rule Making Heating on June 7, 2010.
Prehearing statements and rebuttal statements will probably be
necessary on several issues prior to the June 7 hearing.
• The Basic Standards Regulation establishes statewide water quality
standards and implementation processes that are the foundation for
the classification of Colorado's surface waters. Changes made to
the Basic Standards regulation during the June 2010 will be
adopted in the Arkansas River Basin, June 2011.
• Primary Issues
4- Nutrients
• Nutrients standards are proposed to be adopted at the 2010 Basic
Standards hearing. These standards presently are being developed
according to a controversial approach that is based on conditional
probability that has not been proven nor scientifically validated.
EPA has agreed to perform a peer review on the EPA Region 3 use
of this approach but Colorado continues moving forward even
though there is only a minimal correlation between phosphorus and
chloryphyll a.
• Also a significant portion of the phosphorus is from nonpoint
sources.
• This issue could require extensive studies, hearing
proposals, and possibly litigation for lack of control on
nonpoint sources.
• The State of Colorado is not implementing any control
programs to deal with nonpoint sources. For example, the
primary source of nutrients is from agricultural practices
that are not regulated. Permitted facilities will be required
to spend millions to remove phosphorus and possibly
nitrogen to extremely low levels. USGS has developed a
report for EPA that shows Colorado is <1% of the loading
to the Gulf of Mexico hypoxia zone and that agriculture is
the source of 88% of the phosphorus and 75% of the
nitrogen. Only approximately 10% of the <1% impacting
the Gulf of Mexico hypoxia zone is due to urban impacts.
The impact of the millions of dollars spent by permitted
facilities to meet stringent standards will be negligible.
■ It will be necessary to do studies, alternatives analysis, participate
in hearings and possibly litigation.
❖ Aquatic Life
■ Significant changes in the way the State of Colorado determines
the aquatic life designations are being developed.
• These changes could potentially require comments, studies,
proposals and participation in hearings to determine the
appropriate aquatic life designation.
• Pueblo will need to determine the need for site specific
studies to develop the proper standards to protect the
species found in this segment rather than the full list of
species that could occur in similar waters across the state.
Antidegradation
• Pueblo will need to evaluate the impact if river segments within
Pueblo County are designated as reviewable streams.
Antidegradation standards applied to Pueblo's Wastewater
Discharge permit would be significantly more stringent and
potentially require additional treatment. Expansion of the plant or
addition of new a wastewater treatment plant would require strict
new requirements.
• Comments may need to be prepared identifying legal options or
precedent in other states that may assist with developing changes
that could be proposed for adoption into the Colorado Basic
Standards Regulation, which would recognize that habitat
limitations in warm water class 2 aquatic life streams limit the
value of making them reviewable.
Temperature
• Temperature standards currently in place could require the WRF to
cool the effluent to eliminate warming of the stream in the winter
and possibly the summer months if the river is exceeding the
maximum weekly average temperature that is allowed. The cost
would be extreme.
• If additional standards for thermal shock are adopted at the 2010
Basic Standard Hearing the potential of exceeding the standards
would be increased significantly, especially in winter months.
• This could require participation in studies, hearing documents,
studies to determine methods of treatment and possibly litigation.
•A Temporary Modifications and Site Specific Variance
• Addition of another type of temporary modification and/or site
specific variance policy would be beneficial for Pueblo. This
would provide the state with additional regulatory tools that could
provide flexibility to deal with natural conditions, such as
selenium.
• Pueblo may need to support the Division efforts to add these items
and offer comments to optimize the flexibility for use.
2) Potentially minor hearings at CDPHE depending on proposals
➢ Site Application Regulation #22
o Rule Making — July 13, 2009
■ Party status and submittals were approved by resolution
➢ Public Informational Hearing for comment on water pollution problems in
Colorado
o No written comments are needed but will attend to determine if comments
are made by other parties that may affect segments near Pueblo.
➢ Design Criteria, Policy 96 -1
o Administrative Action Hearing — October 13, 2009
■ Party Status and submittals may be necessary depending on the
changes proposed by the Division. No workgroup process is
planned at this time.
➢ Biosolids Regulation # 64
o Rule Making —January 11, 2010
■ Party status and submittals may be due in October 2009, depending
on the changes proposed by the Division.
➢ Section 303(d) list
o Rule Making — February 8, 2010
■ Party status and submittals may be due in November 2009,
depending on the changes proposed by the Division.
3) Workgroups supported by the Water Quality Forum:
"The mission of the Water Quality Forum is "to achieve solutions to Colorado
water quality issues through communication and understanding, balancing use and
protection of the resource ". One of the principal tools used by the Forum to
accomplish this mission is multiple stakeholder "work groups" established to
address specific priority issues or topics."
➢ Standards Framework Workgroup
o The primary goal of the Standards Framework work group is to discuss
issues that may be addressed in the 2010 Basic Standards rulemaking
hearing, to provide input to the Water Quality Control Division as it
develops its proposals for this hearing and to provide information to others
who may wish to develop proposals.
o Refer to issues listed as potential hearing issues for the Basic Standards
Regulation Hearing in section 1). Comments and/or suggested changes
may be needed at each workgroup meeting. Typically these workgroup
meetings occur monthly.
➢ Permit Implementation Workgroup
• This workgroup is an extension of the Regulation 61 Colorado Discharge
Permit System Regulation Workgroup that evaluated the need for changes
to Regulation 61 for the February 2009 rulemaking hearing. This
regulation applies to all operations discharging to waters of the State from
a point source.
• The primary focus is to evaluate the Divisions policies and business
practices for discharge permits. Recommendations for ways to improve
transparency in the permitting process and development of guidance for
implantation of regulatory changes into permits will be provided to the
Water Quality Forum retreat July 2009. Priority issues will be addressed
by a workgroup to revise policies with the CDPHE Permits Unit.
• Comments may be necessary to present issues relevant to Pueblo and to
support comments of other facilities on issues that may affect Pueblo in
the future.
4) Colorado Wastewater Utility Council
➢ Presentations by CDPHE, consultants, legal representative, and other
organizations provide valuable information on issues that may affect Pueblo.
Pueblo may need to take a verbal or written position.
➢ The group process allowing for the combining of funds to perform joint studies
and research provides the basis for statewide testimony and written comments to
help develop scientifically based water quality standards, reducing the cost to
Pueblo.
➢ Input on draft documents will need to be provide to the Council prior to submittal
of the Council's comments to the Division or submittal of hearing documents to
the Commission.