Reclaimed Water Control Regulation No. 84 Rulemaking Hearing Proponents’ Testimony Water Quality Control Commission May 13, 2013

Colorado’s Reuse Program: A History of Expanding Uses WQCA amended in 2000 to authorize the Commission to approve use of reclaimed water through regulations General Assembly expressed intent that reuse program be structured to encourage the use of reclaimed water Commission authorized use of reclaimed water for landscape irrigation in October 2000 Commission indicated its intent that the regulation further promote reuse of reclaimed domestic wastewater Provided a comprehensive framework to assure responsible management of operations and a product of a quality compatible with the state's goals of protecting the public health and the environment

Colorado’s Reuse Program: A History of Expanding Uses Given Colorado’s water resource challenges, the Commission has expanded number of approved uses Ten additional uses were approved in hearings in April 2004 and October 2005 Treatment requirements and applicable best management practices were adjusted to fit requirements with uses (e.g., Cat. 3 added) Proposal before the Commission today would provide treaters additional cost-effective options

Drivers for Approving New Reclaimed Water Uses SWSI-predicted shortages Year-round uses enhance design and operations Maximize “use to extinction” rights of trans-basin water Corporate & community sustainability goals “Low hanging fruit” recycled water sites already served Cost savings

Modifying Uses to Address Reuse Needs MODIFICATIONS Cooling Tower Evaporative Industrial Processes Closed Loop Cooling System Non-Evaporative Industrial Processes Dust Control Soil Compac-tion Mech. Street Cleaning Non-Discharging Construction & Road Maintenance Concrete Mixing & Washout Non-Evaporative Industrial Processes Mixing Mixing Washwater Applications Washout

Modifications to Existing Industrial Uses Level of Treatment / Disinfection

New Uses to Address Reuse Needs ADDITIONS Non-Food Crop Irrigation & Silviculture Commercial Laundries Automated Vehicle Washing Manual Non-Public Vehicle Washing

Potential Risks and Risk Mitigation Ingestion Inhalation Dermal contact Personal Exposure Surface water Groundwater Environmental Exposure Proximity to potable piping Access Cross-connections Potential Risks and Risk Mitigation Treatment --- Water Quality --- BMPs

Exposure & Risk Assessment for Proposed New Commercial Uses Use Characterization Regulatory/Guidance Precedents Case Studies Relative Risk Assessment: Recycled vs. Potable Supply

Potential Exposure Routes and Risks for Proposed New Commercial Uses Dermal Inhalation Ingestion Cross Connection Minimal (damp product) Minimal (Steam) Minimal Existing reg & site controls Potential Some Potential Significant Potential Commercial Laundry Automated Vehicle Washing Manual Non-Public Vehicle Washing Environmental Releases: Existing Regs/Controls for Vehicle Washes

Proposed New Uses: Commercial Uses, Agricultural Irrigation Level of Treatment / Disinfection

Existing Reg. 84 Water Quality and Treatment Requirements (No Changes) Cat. 1 Cat. 2 Cat. 3 e. Coli (#/100 mL) Max. 235 126 (75% ND) Mo. mean -- TSS (mg/L) 30 Turbidity (NTU) Avg. 95% <3 <5 Treatment Secondary + Filtration Level of Treatment / Disinfection

Proposed BMPs at 84.8(A)(7) for Use of Category 2 Water at Vehicle Washing Facilities Personal Protective Equipment >100 Foot Setback Distance Physical Barriers Functional Equivalents Approved by Industrial Hygienist Other Means Approved by the Division “Where there is the reasonable potential for worker or public exposure to aerosols generated in the use, Users of Category 1 Reclaimed Water (if allowed for the use per Table A) or Category 2 Reclaimed Water shall employ measures to prevent the frequent exposure of workers and the public to aerosols generated in the use of reclaimed water. Measures shall include at least one of the following: minimum setback distance of 100 feet between the nearest source of aerosol generation and areas where workers or the public are normally present; physical barriers between aerosol sources and humans; personal protective equipment to prevent aerosol inhalation; functionally equivalent measures approved by a qualified individual (e.g., a certified industrial hygienist); or other means approved by the Division. Given the higher level of treatment provided for Category 3 Reclaimed Water, additional measures to address exposure of workers or the public to aerosols are not required.”

WQCD Exception and Alternate Proposal: Category 2 Water for Vehicle Washing Uses Proponents’ proposed Section 84.8(A)(7): “…shall employ measures to prevent the frequent exposure of workers and the public to aerosols generated in the use of reclaimed water…” Division’s proposed Section 84.8(A)(8): “…shall employ measures to prevent the inhalation of aerosols from reclaimed water by workers and the public...”

Weight of Evidence Supports Use of Category 2 at Vehicle Washes with BMPs to Prevent Frequent Exposure Comparison of Aerosol Exposure to Existing Authorized Uses in Regulation No. 84 Existing Regulation No. 84 Safeguards Applicable to These Uses Supporting Information from the 2012 EPA Guidelines for Water Reuse Establishment of Division Policy to Further Define Acceptable BMPs

Comparison of Vehicle Washing Aerosol Exposure to Existing Authorized Uses Proposal: Vehicle Washing requires BMPs to prevent frequent exposure to Category 2 aerosols Existing Uses – Example: Unrestricted Irrigation at a Golf Course – no separation of golfers or workers from Category 2 reclaimed water Conclusion: BMPs will bring vehicle washing exposure potential to same or lower levels as existing authorized uses; Colorado and the U.S. have a long history of safe water reuse

Existing Regulation No. 84 Safeguards Applicable to These Uses Division can disallow a specific application User Plan to Comply (all uses) submitted to Division must specify [per 84.9(B)(6)]: “Best management practices the user intends to implement to prevent or minimize direct and windblown spray and other pathways of human exposure to reclaimed water;” Division may require additional conditions listed in section 84.8(A) for individual site-specific uses (specified in Notice of Authorization)

Supporting Information from EPA Vehicle Washing ~ “Restricted Urban Reuse” “…where public access is controlled or restricted by physical or institutional barriers such as fencing, advisory signage, or temporal access restriction.” Restricted Urban Reuse guidelines (Table 4-4): Disinfection comparable to Colorado Category 2 (<200 FC/100 mL) Worker contact should be minimized Higher level of disinfection (<14 FC/100 mL) when frequent worker contact is likely Citations of available research & 2012 NRC report No health concerns attributable to similar uses – even workers at WWTPs exposed to raw sewage aerosols

Division Policy to Further Define Acceptable BMPs Standard practice: Overall requirements in regulation Implementation details via Division Policy Reg. 84 examples: Agronomic Rate (WQP-21), Water Quality Monitoring (WQP-25) Proponents support further definition of the Section 84.8(A)(7) aerosol control BMPs via a Division policy We would welcome an opportunity to work with Division staff to develop the specifics of this policy

Reclaimed Water Control Regulation No. 84 Rulemaking Hearing Proponents’ Testimony Water Quality Control Commission May 13, 2013