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HomeMy WebLinkAbout12315RESOLUTION NO. 12315 A RESOLUTION AUTHORIZING PARTICIPATION IN THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY HEARINGS AND WORKGROUP PROCESSES THROUGH 2012 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 Water Quality regulations 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 regulations, 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; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Wastewater Department, on behalf of the City of Pueblo, is hereby authorized to participate in the Colorado Department of Public Health And Environment Water Quality Hearings and workgroup processes through 2012. 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: February 13, 2012 BY: Judy Weaver COUNCIL PERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-7 DATE: February 13, 2012 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 2012 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Colorado Water Quality Control Act, to solicit comments regarding whether particular regulations should be retained, repealed or revised.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 with environmental regulations 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 2012 is 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, workgroups and organizations that the Wastewater Department may be involved with February — December 2012 Acronyms and Abbreviations CDPHE- Colorado Department of Public Health and Environment CDPS - Colorado Discharge Permit System CWA - Clean Water Act EPA - Environmental Protection Agency USGS - United States Geological Survey WQCC or Commission- Water Quality Control Commission WQCD or Division - Water Quality Control Division, which is under the CDPHE. WRF - Water Reclamation Facility 1) Major hearings at CDPHE > Nutrient Rulemaking Hearing — March 12, 2012 o The federal Environmental Protection Agency asserts that nitrogen and phosphorus pollution (or nutrient pollution) is one of the top three causes of impairment of the nation's waters. Excess nitrogen and phosphorus can lead to significant water quality problems, including harmful algal blooms, hypoxia and declines in wildlife and wildlife habitat. o Nutrients comprise a very complex issue that has not been fully resolved. Historically, Commission - authorized nutrient regulatory actions were based on a demonstrated, site specific need to protect beneficial uses. These applications typically only regulated phosphorus but were very effective. o The Division is proposing is to regulate nitrogen and phosphorus in all lakes and streams in Colorado. ▪ The Commission will be considering approval of the Division's proposal for Regulation 31 which includes the states default numbers that will cost an estimated $25 billion dollars statewide for dischargers to comply with. Along with Regulation 31 WQCD will also be considering approval of Regulation 85 which would allow a phasing of compliance with the Regulation 31 numbers by setting less restrictive standards that would be in effect until 2022. The Regulation 85 limits for nitrogen and phosphorus would cost an estimated $2.5 Billion dollars statewide. ▪ These standards are being developed for point sources only with a controversial approach used by EPA. The EPA's Scientific Advisory Board rejected these methods due to the lack of a sound causal response between nutrient concentrations and adverse impacts on designated uses. Likewise, the impact of the millions of dollars spent by permitted facilities to meet stringent standards will make negligible instream improvements. • WQCD has limited authority to regulate nonpoint sources. Large sources of phosphorus and nitrogen are from natural soils, agriculture, and air deposition. ▪ Pueblo supports regulating only phosphorus, which has been shown effective in Colorado. This would cost an estimated $521 million statewide. Locations where nutrient impairments occur after phosphorus controls are in place can be addressed with nitrogen limits on a site specific basis. o Party status and Responsive Prehearing Statements for the City of Pueblo have been submitted and ongoing documents for the hearing process will be needed. ➢ Arkansas Basin Water Quality Standards, Regulation #32 — Issue Formulation Hearing November 5, 2012 o The Division will propose adopting criteria, which were revised in the 2010 Basic Standards Hearings as standards in the Arkansas River Basin where appropriate. The primary statewide changes that may have significant impact on the WRF include temperature standards, nutrient standards and the new discharger specific variance that may replace the current selenium temporary modification. o A significant change in the way the State of Colorado determines the aquatic life designations has been developed. Pueblo may need to determine the need for site specific studies to develop the proper standards to protect the species found the Lower Arkansas, Segment la rather than the full list of species that could occur in similar waters across the state and to determine if impairment of this segment is caused by habitat limitations. o Party status and submittals on the Division's proposals and any issues that Pueblo recommends for inclusion at the issue formulation hearing will be required. o The issues identified will be included in the rulemaking hearing to be held June 10, 2013. 2) Potential minor hearings at CDPHE depending on proposals ➢ Discharge Permit System Regulation #61 o Routine Review Informational Hearing — February 13, 2012: Issues can be submitted for potential revision and a date will be set for a rulemaking, if issues are approved for consideration. The City will monitor the hearing to determine if any proposed issues will impact Pueblo. ➢ Pueblo Area Council of Governments (PACOG) section 208 Plan o Administrative Action Hearing — February 13, 2012: The City has provided significant comments to PACOG and to their consultant, Russell Clayschulte. The City supports the approval of the 208 plan but will monitor the hearing for external comments that may be made. > Section 305 (b) Report o Administrative Action Hearing — March 12, 2012 ® To consider approval of the Section 305(b) Report ® Impact on Pueblo will be determined when the Section 305(b) report is available for review. ® Party Status and submittals may be necessary. > Water Pollution Control Revolving Fund Rules, Regulation #51 o Rulemaking Hearing — April 9, 2012 ▪ To consider adoption of revisions to Regulation #51 ® Party Status and submittals may be necessary depending on the changes proposed by the Division. > Regulations for Effluent Limitations, Regulation #62 o Rulemaking Hearing — June 11, 2012 • To consider the possible need for revisions to Regulation #62 ® Party Status and submittals may be necessary depending on the changes proposed by the Division. > Basic Standard and Methodologies for Surface Water, Regulation #31 Organic Standards, and to Basic Standards for Ground water, Regulations #41 and #42. o Rulemaking Hearing — August 13, 2012 ® To consider adoption of revisions to organic standards for surface water and groundwater. ® Party Status and submittals may be necessary depending on the changes proposed by the Division. > Comment on water pollution problems in Colorado o Public Informational Hearing — October 9, 2012: May provide comment if water quality issues necessitate. Will monitor to determine if comments are made by other parties that may affect river segments near Pueblo. > Human Health -Based Water Quality Criteria and Standards, Policy 96 -2 o Administrative Action Hearing — October 9, 2012 ® To consider possible revisions needed in Policy 96 -2 ▪ Monitor to determine if changes will impact Pueblo ® Party status and submittals may be necessary depending on the changes proposed by the Division. > Temporary Modifications o Rulemaking Hearing — December 10, 2012 ▪ Rulemaking Hearing to consider revisions to temporary modifications expiring within the next two years. • This hearing will include the selenium and sulfate temporary modification assigned to Segment 1 a of the Lower Arkansas River to which Pueblo's Water Reclamation Facility discharges. The decision on this temporary modification will directly affect Pueblo's discharge permit, and may impact Pueblo's wastewater rates. The temporary modification will expire on 12/31/2013 if not extended at the Arkansas Basin Hearing. ® Party status and submittals may be necessary 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." ➢ Permit Implementation Workgroup o 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. o The primary focus is to evaluate the Divisions policies and business practices for discharge permits. Recommendations to improve transparency in the permitting process and development of guidance for implementation of regulatory changes into permits will be provided to Steve Gunderson (WQCD Director) and Dave Akers (WQCD Water Pollution Control Program Manager) at every other meeting. Priority issues will be addressed by the workgroup to revise policies with the WQCD Permits Unit. o 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. > Design Criteria, Policy 96 -1 Workgroup o This workgroup has been established to develop the new design criteria policy that will apply to new construction and modifications made to water reclamation facilities and sewer systems. The final draft will be submitted to the Commission for adoption at a hearing that has not been scheduled at this time, probably late 2012 or early 2013. o 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. ➢ Section 303(d) Listing Methodology o The federal CWA requires states to identify waters where effluent limitations are not stringent enough to attain water quality standards. Total Maximum Daily Loads must be developed for each listed water body limiting the amount of pollutant that can come from each source to bring the water body back into compliance. Colorado's Listing Methodology document provides the framework for the determination of attainment or non - attainment of assigned numeric water quality standards and designated uses. o This work group reviews the Colorado's Listing Methodology to update it to meet the current listing requirements published by EPA and to update it to incorporate revisions to Colorado's standards prior the preparation of the 2014 303(d) List. The draft will be presented to the Commission March 12, 2013 for approval. o 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. 5) Colorado Wastewater Utility Council (Nancy Keller, Wastewater Regulatory Compliance Specialist, is currently serving as Director) > Presentations by CDPHE, consultants, legal representative, and other organizations provide valuable information on issues that may affect Pueblo. Pueblo may need to take verbal or written positions. > 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 water quality standards based on sound science and, to the extent possible, controlling the cost of wastewater treatment for Pueblo. ➢ Input on draft documents will need to be provided to the Wastewater Utility Council prior to submittal of the Wastewater Utility Council's comments to the Division or submittal of hearing documents to the Commission. > Educate and mentor other wastewater facilities through the Wastewater Utility Council's mentoring program. 6) Fountain Creek Watershed District Technical Advisory Committee (Nancy Keller, Wastewater Regulatory Compliance Specialist, is currently serving as the Water Quality Technical Expert) > The Fountain Creek Watershed District Board has two advisory committees which are fully staffed, a Technical Advisory Committee (TAC) and Citizens Advisory Group (CAG). The function of the TAC is similar to a planning commission, providing technical guidance to the Board on the projects and the CAG has a broader perspective, bringing their views to the table based on the citizens they represent. The TAC will review projects for water quality, impacts of land use on drainage patterns, rates and volumes of flow, erosion, sedimentation and flooding impacts; using the Strategic Plan and Corps Study as a foundation for that review. > This is an extremely important function in addressing nonpoint source pollution issues on Fountain Creek. 7) Western Coalition of Arid States (WESTCAS) — (Nancy Keller, Wastewater Regulatory Compliance Specialist, is currently Director for the State of Colorado) D Track Federal legislation and provide input to the Wastewater Director on issues that have a potential impact on Pueblo. • Track Federal regulatory changes and provide input to the Wastewater Director on issues that have a potential impact on Pueblo. • Assist with letters and documentation submitted to federal agencies to address issues on regulation and legislation with special emphasis on impacts to western arid states. 8) Colorado Nutrient Coalition — (Nancy Keller, Wastewater Regulatory Compliance Specialist, is currently the Coordinator) > The Colorado Nutrient Coalition is a subcommittee of the Colorado Water Congress Water Quality Committee. This Coalition will combine funds provided by wastewater entities, stormwater entities, industries, and water conservation/conservancy districts to hire experts to assist with a technical evaluation of the need for the criteria, detailed scientific assessments, and the development of alternative regulatory approaches that may be necessary to provide comments and modifications to the Division's proposed approach. > A cost - benefit analysis of the preliminary standards proposed by the Water Quality Control Division suggests that adoption of the proposed values would have a significant adverse economic impact on Pueblo due to requirements to provide further wastewater treatment. These standards will also impact stormwater. ➢ Nutrient standards will require that wastewater treatment facilities remove phosphorus and several forms of nitrogen in addition to ammonia. Pueblo's Water Reclamation Facility will be unable to meet stringent nutrient standards even with the upgrades presently under construction, and could be required to assume significant additional debt to maintain compliance. ➢ 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.