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<br />II <br />II <br />II <br />il <br />. <br /> <br />Western States Water Council <br />Water Quality Committee <br /> <br />Sheridan, Wyoming <br />October 5, 2006 <br /> <br />the petition is granted and we're not at that stage. I don't know if other states could file an amicus <br />like Arizona filed, or whether we were allowed to do that because we are a party to the case. EP A <br />has made their decision that they ought to file. The problem is that EP A doesn't get to decide. The <br />United States Department of Justice Solicitor makes the decision. The October 23rd deadline is to <br />file a petition for cert on behalf ofthe United States. <br /> <br />If the petition for cert is denied, it goes back to the 9th Circuit and they will craft a mandate, <br />putting their August decision into effect, which could say a lot of things. It's kind of the Clean Water <br />Act versus the Endangered Species Act. It's very interesting. <br /> <br />D.C. Water and Sewer Authority Case Re: The Meaning of "daily" in TMDLs <br /> <br />A memo went out on July 11 which basically says we haven't changed much in the way we <br />do permitting in terms of "daily." It includes options on how you might be able to translate some of <br />your limits into daily limits. Copies of the memo were distributed. <br /> <br />Are we being asked to do limits on a daily basis? That's what the court said, and EP A is <br />trying to t,emper that. <br /> <br />. Selenium <br /> <br />. <br /> <br />" <br /> <br />Weare attempting to complete our criteria by late 2008. There have been questions raised <br />regarding the effect of winter survival of juvenile ,fish. We began the process and again, there's a <br />real dispute over the process of addressing limitation issues on fish tissue-based criterion. There are <br />questions regarding what species of fish and what.type of sample preparation. <br /> <br />Paul Frohardt believes it is incredibly important to states that the implementation piece be <br />addressed along with the criteria - - and not be done like mercury and say, "Okay, here's the fish <br />tissue criteria. Good luck figuring out what they mean." <br /> <br />It appears that is the route they are taking, hence the law deadline. The fact that Ben feels it <br />important that I attend the meetings of the WSWC is an indication that EP A is hearing the western <br />perspective to these issues. <br /> <br />Effluent Dependent and Effluent Dominated Waters <br /> <br />On November 15-16, we will have a meeting to address the issues that have been discussed <br />over the last six months. Meridian consultants has been working with EP A on this endeavor. There <br />were about twenty questions that folks have addressed regarding how effluent standards apply to <br />effluent d~:pendent and effluent dominated waters. We took a first crack at those we felt were black <br />and white issues, which was only a couple of the questions. The majority of the questions were in a <br />gray area, and Meridian came in to help with these concerns. This was not simply across the West, <br /> <br />15 <br />