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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Colorado Water Quality Control Act, to solicit comments regarding whether particular regulations should be retained, repealed or revised.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.