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. :1 'I Ii . . Western States Water Council Water Quality Committee Sheridan, Wyoming October 5,2006 slate of options that we can take to managemtrnt, pros and cons. It's still a priority to the Administrator to encourage Good Samaritan goals. In terms of timing, in about six weeks we may have something that we can share. I was going to ask what form you may want it to take. I don't want it to be something that comes out of headquarters and say, "here, take your tools." Since most ofthese afe state permitting issues, especially on the water side, having your input is critical. I don't think it nl~eds any formal consultation rulemaking process if it's just coming out as questions and answers. Question: Did your discussion of tools consider intake credits? Roger responded, "Not specifically." Intake credits are if you are taking water out of a water body and using it in your process, and then putting it back in the same water body. If there's background pollutants in your upstream intake water, you get an intake credit in terms of what your limits are for what you discharge. Joan felt the topic should be taken back to working groups, involve a lot of other people, and see what the sense is within that group on how to further participate. Additional options among Council members were discussed. Under Tab P, the Governors signed a letter that states our qualified support with a description of some of their concerns and clarifications. Shaun McGrath brought up the fact that the bill is clearly not going to pass this Congress as the House didn't take any action. He has heard from Trout Unlimited. Salazar negotiated pretty close with Trout Unlimited and the Mining Association and that's how he was able to get it down to a fairly moderate bill. The environmental groups are putting a lot of pressure on Trout Unlimited because they don't like the bill. In moving forward for WGA, Shaun will be in Washington, DC at the end of October. Shaun discussed with Joan about convening a meeting with the different groups in EP A in an informal discussion of how to get the bill across the line. There are two bills introduced: the Administration's bill in the House, and then the Salazar bill in the Senate. Shaun asked Committee members to consider which bill is the better vehicle, given a choice, and asked them to consider how to move a bill. Joan asked Roger ifhe knew what someone was saying about the scope of exemptions that are in play in a Good Samaritan clean-up. The exemptions are only a protection to liability under the Clean Water Act. Those are administrative tools, and they seem to be the biggest stumbling points. Working 1hrough Shaun, Roger, and the working group, we will try to get some answers about what the next s1:ep would be on the administrative tools. EP A UPHA TE Water Transfers Roger Gorke: We are working through all the comments, and there were a significant number. Also, we are working through what Cats kills means. Those are two main goals. Trying to expand an already huge NPDES world. Weare still working internally on how to move forward on 11