1. Antidegradation and Alternatives Analysis Mary E. Gardner Regulatory Programs Administrator Littleton/Englewood WWTP Colorado

2. Littleton/Englewood Experiences Experiences Outcomes Outcomes Problems Problems Successes Successes

3. Antidegradation is the regulation that controls degradation of certain water bodies Alternatives Analysis is the tool used by a Permittee to address the issues associated with the regulation

4. The Regulatory Definitions are…… Outstanding Waters—”Outstanding Waters” is the highest level of water quality protection-- state/national waters needing to be maintained and protected at their existing quality Outstanding Waters—”Outstanding Waters” is the highest level of water quality protection-- state/national waters needing to be maintained and protected at their existing quality Use Protected—W Use Protected—Waters that the Commission has determined do not warrant the special protection provided by the outstanding waters designation or the antidegradation review process.

5. Segment 14 of the South Platte River Classification Reviewable Waters with no designation Only insignificant degradation is allowed Unless a review shows justification for significant degradation.

6. Criteria to Evaluate New activities or facilities: expansion of existing activities or facilities resulting in increased load New activities or facilities: expansion of existing activities or facilities resulting in increased load At time of permit renewal any increase in authorized discharge levels from permitted effluent limits At time of permit renewal any increase in authorized discharge levels from permitted effluent limits

7. Where Did this Put L/E? 2001 permit issued with new effluent limits for Copper, Silver, Lindane 2001 permit issued with new effluent limits for Copper, Silver, Lindane Plant expansion PELs for ammonia Plant expansion PELs for ammonia

8. How to Sort it Out A determination shall be made whether the degradation is necessary to accommodate important economic or social development in the area in which the waters are located Two separate issues but one tool— Alternatives Analysis document

9. Regulation 31 Statement of Basis and Purpose Substantial concern was expressed in comments….. additional burden placed on project…. establishing an alternatives analysis… The Commission does not intend that this requirement would constitute a major additional burden in most instances…….

10. Necessity of Degradation Area where the waters are located Is the proposed regulated activity important for economic or social development?

11. Important Economic Development Is it Economically Reasonable to: Expect L/E to pay to treat to lower standards than the state standards? Expect L/E customers to pay user fees that exceed other treatment plant customers within the metro area? Expect L/E to add treatment technology which results in significantly higher treatment costs than similar existing dischargers on the same segment. Is L/E being environmentally conscientious by adding substantial energy costs over the long term?

12. Treatment Technologies Compare the various treatment technologies that are available and the cost associated with capital investment and operations

13. Other Alternatives Looked to the Industrial Pretreatment Program for controls and reduction of metals and Lindane. Our program had everything in place. Nothing else could be done in this area.

14. How Did Things Go? Division has had little experience in this area Division has had little experience in this area Division requested additional information (more than once) Division requested additional information (more than once) EPA review and Public Notice takes time EPA review and Public Notice takes time No standard format available to develop AA or for Division to make determinations No standard format available to develop AA or for Division to make determinations Protocols from the Division are shaky Protocols from the Division are shaky

15. Time Frame Basically it’s taken 2-3 years to get issues resolved.

16. Long Story Short Metals and Lindane--We met our goal. We were issued the water quality standards based on the cost of “available treatment technologies and the economic unreasonableness of them” Ammonia—another story. Did not convince the Division of the unreasonableness for ammonia treatment due to upcoming AMMTOX limits which are similar to proposed Antidegradation limits.

17. Options for Ammonia Issue Tiered Limits to delay due to current WLA Tiered Limits to delay due to current WLA Try for Use Protection Classification Try for Use Protection Classification Go to Commission for a special hearing Go to Commission for a special hearing Accept the Antidegradation limit Accept the Antidegradation limit

18. Conclusions Things are never as straight forward as the Regulations and Guidance make it sound Things are never as straight forward as the Regulations and Guidance make it sound One size does not fit all One size does not fit all More Antidegradation Regulations will probably be the trend in the future More Antidegradation Regulations will probably be the trend in the future