BOARD00585

• Board Meeting Date: 11/23/1998
• Description: Federal "Clean Water Action Plan" and EPA's Advance Notice of Proposed Rule Making - Status Report
• Board Meetings - Doc Type: Memo

WQS-ANPRM Comment Clerk
November 21, 1998
Page 4

levels in Colorado demonstrates the extent to which site-specific circumstances and

flexible programmatic capabilities are required to balance interests in the health of our

lakes, rivers and streams with our interest in healthy economies and communities.

The CWCB is also concerned by the potential conflict between many other
aspects ofEPA's ANPRM and Colorado's ability to continue developing its interstate
water supply allocations and to protect existing water supplies and property rights. Many
of the suggested changes in the antidegradation policy and the use attainability analysis,
the potential refinements of the "existing use" and "designated use" concepts, the
potential new guidance on "use removal criteria" and mixing zone determinations, the
proposed refmement or development of many new criteria (for toxicity, sediment quality,
human and wildlife health, microbial and nutrient levels, etc.) and the suggested
"independent application" policy raise many questions that we are not presently prepared
to evaluate in this abstract context. Although the questions EP A poses in the ANPRM
will be helpful in framing your proposed "structured national debate," these questions are
very complex. The CWCB will coordinate with the WQCC and the many potentially
affected communities, businesses and other Colorado interests to better understand the
implications ofEPA's proposals. Our experience suggests, however, that state and local
agencies will require adequate time and flexibility to address site-specific circumstances
while we evaluate the opportunities for protecting new needs along with existing rights
and values. EP A should allow enough time and provide adequate information for states
such as Colorado to appropriately deal with the many complex and potentially significant
regulatory options.

We appreciate the advance notice EP A has provided the state of Colorado and
others concerning potential changes in the national water quality protection policies and
pledge our continued support for a rational and timely evaluation of these issues. Please
call or write to us if you want clarification of the Colorado Water Conservation Board's
interests and concerns and please keep us informed regarding any next steps.

L:/boardmen/nov98120attach draftEPAcomments ANPRM Nov98

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