regulation #85 workgroup - colorado...mar 06, 2017 · areas of general agreement - regulation 85...

Regulation #85 Workgroup

March 6, 2017

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Meeting Details

● Conference call-in: 1-857-216-6700 conference code: 425132

● Adobe Connect: https://cdphe.adobeconnect.com/reg85mtg

● Wi-Fi○ Network: HealthyColorado○ User ID: guest○ Password: Nutrition4All

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https://cdphe.adobeconnect.com/reg85mtg

https://cdphe.adobeconnect.com/reg85mtg

Agenda Review

3 http://www.colorado.gov/pacific/sites/default/files/WQ_Reg85_Mtg3-Agenda_03-06-17.pdf

https://www.colorado.gov/pacific/sites/default/files/WQ_Reg85-1617-Meeting1-Agenda.pdf

Recap of stakeholder meeting #1 & 2

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Monitoring Data

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Statewide modeling effort

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● Being developed by CLEAN Center - Center for Comprehensive, optimaL and Effective Abatement of Nutrients

2015 Data Summary

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● 2015 data received from 321 facilities● Data has been uploaded to Storet● Date can be accessed via:

○ https://www.waterqualitydata.us/○ The CDPHE tool “Reg 85 data analysis” within

https://erams.com/CDPHE○

https://www.waterqualitydata.us/

https://www.waterqualitydata.us/

https://erams.com/map/

https://erams.com/map/

Map of facility monitoring locations

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Map of division monitoring locations

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Rolling median TIN - domestic WWTF > 1 MGD (2013-2015)

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Rolling median TP - domestic WWTF > 1 MGD (2013-2015)

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Statewide design capacity load from domestic WWTF

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90% load from facilities > 1.75 MGD(75 facilities)

95% load from facilities > 0.8 MGD(18 additional facilities)


80% load from facilities currently subject to effluent limits

93% load from facilities > 1 MGD(18 additional facilities)

Statewide average discharge load from domestic WWTF

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90% load from facilities > 2 MGD(61 facilities)




94% load from facilities > 1 MGD(32 additional facilities)

Statewide median TIN load from domestic WWTF

90% load from facilities discharging > 0.6 MGD(75 facilities)

95% load from facilities discharging > 0.33 MGD(26 additional facilities)



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Statewide 95% TIN load from domestic WWTF





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Statewide median TP load from domestic WWTF

90% load from facilities discharging > 0.43 MGD(91 facilities)




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Statewide 95% TIN load from domestic WWTF






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Length of Monitoring Requirements

Division proposes 2027 end date

● Examine facility variability● Account for fluctuating weather conditions (eg., dry years)● Allow for implementation of limits in permits

Allow for facility-specific end date based on implementation of limits and evidence of compliance?

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Monitoring requirements for MS4 permits

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Additional monitoring?

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Phase 2 Implementation

21 https://www.colorado.gov/pacific/sites/default/files/WQ_Reg85_Phase2-Briefing-Memo-02-27-17.pdf


Review of Phase 2 Discussion Topics

1. Make progress on adopting approved nutrient criteria statewide - TN/TP for lakes and chlorophyll ‘a’ for all water bodies.

2. Delay adoption of criteria for TN/TP for streams and some lakes from 2022 to 2027 and delay adoption of criteria for NH3 and Se from 2021 to 2027.

3. In exchange for delay of criteria adoption, “enhance Regulation 85”.4. Develop feasibility information in conjunction with criteria development.5. Consideration of different ways to conduct Regulation 31 and Basin

Rulemakings for next 10 years for nutrient criteria, NH3, and Se.6. Make progress on reducing nonpoint sources.

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Areas of general agreement - criteria

1. Prefer that Colorado delay adoption of Reg #31 numeric stream nitrogen and phosphorus criteria from 2022 to 2027 and instead make progress in reduction of nutrients through expansion of Reg #85. Agree that we do not yet know what that progress looks like.

2. Makes sense to work on standards for nutrients, selenium, and ammonia in conjunction with one another, in light of competing treatment challenges.

3. Agree it is important to develop feasibility studies in conjunction with standards development.

4. Should retain numeric interim values in Regulation #31, but should modify implementation dates to reflect the roadmap.

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Areas of general agreement - Regulation 85

1. Agree we should add additional monitoring requirements in 2017 in order to help development of Colorado specific nutrient standards (need more discussion on specifically what data should be collected).

2. Like a toolbox approach for facilities that are newly brought into Regulation 85.

3. Like adding provisions with incentives for optimization, source reduction, and watershed trading (need more discussion on the specifics of these options).

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Areas where more discussion is neededLakes and Reservoir Standards

● Much concern with adopting TN/TP criteria for all lakes and reservoirs in 2022.

● Division has recommended prioritizing DUWS and high recreation areas (i.e. those with swim beaches) for criteria adoption in 2022 and remainder of lakes in 2027.

● For lakes without a direct discharge, the division proposes to implement TN/TP criteria through the 303(d) and TMDL process.

● Approach for criteria development and implementation would be documented in nutrient reduction plan that would be adopted as a division Clean Water policy.

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Areas where more discussion is needed (con’t)Chlorophyll ‘a’

● Much concern about adopting chlorophyll ‘a’ statewide in 2022.● Division proposes to implement chlorophyll ‘a’ criteria through the 303(d)

and TMDL process.● Assessment process for chlorophyll ‘a’ would be addressed through 303(d)

listing methodology process.● Approach for implementation would be documented in nutrient reduction

plan that would adopted as a division Clean Water policy.

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Areas where more discussion is needed (con’t)Incentives

● Ideas: Optimization plans, source reduction plans, help from large facilities to smaller facilities and trading.

● “Carrot” would be to provide waivers from WQBELs - division is researching if this possible and brainstorming other “carrots”.

● Incentives would be solely voluntary.

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Areas where more discussion is needed (con’t)Load cap or % Load Reduction

● A tool in the “toolbox” for facilities newly brought into Regulation 85.● Reg 85 effluent limits, 125% load cap, or 30% load reduction requirement -

facility would have a choice.

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Areas where more discussion is needed (con’t)Changes to TIN

● Options discussed have included reduction from 15 mg/l TIN to 10 mg/L TIN and also reduction from 15 mg/L TIN to 12 or 13 mg/l TIN.

● Based on feedback received, the division does not recommend any reduction in TIN at this time.

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Draft Regulation and Statement of Basis Language

30https://www.colorado.gov/pacific/sites/default/files/WQ_Reg85_Draft-SBP-memo_03-06-17.pdfhttps://www.colorado.gov/pacific/sites/default/files/WQ_Reg85_Draft31_Markup-02-24-17.pdfhttps://www.colorado.gov/pacific/sites/default/files/WQ_Reg85_Draft85_Markup-02-24-17.pdf


Length of Rulemaking Hearing

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Next Meetings

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Large workgroup meetings

● Meeting #4: Tuesday, April 11, 2017 ○ 1:00 - 4:00 pm○ Rosiland Franklin Room (CDPHE Lab)

● Meeting #5: Wednesday, May 3, 2017○ 1:00 - 4:00 pm○ Rosiland Franklin Room (CDPHE Lab)

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Subgroup meetings

● Phase 2 subgroup○ Tuesday, March 14

■ 8:30 - 10:30 am | Carson Room (CDPHE)○ Thursday, April 20

■ 1:00 - 3:00 pm | C1E (CDPHE)

● SIC 20 subgroup ○ Wednesday, March 15

■ 10:00 am - 12:00 pm | B2B (CDPHE)

● Cooling Tower subgroup○ Wednesday, April 5

■ 10:00 - 11:30 am | B2A (CDPHE)

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Feedback

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Extra data slides

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Rolling median TIN - Domestic WWTF > 1 MGD (2013-2015) With Treatment Technology

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Rolling median TP - Domestic WWTF > 1 MGD (2013-2015) With Treatment Technology

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Watersheds - priority based on design capacity per square mile

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Watersheds - Total design capacity for facilities > 1 MGD per HUC8

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Watersheds - Total average discharge for facilities > 1 MGD per HUC8

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Rolling 95 percentile TIN - Domestic WWTF > 1 MGD (2013-2015)

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regulation #85 workgroup - colorado...mar 06, 2017 · areas of general agreement - regulation 85...

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