5 Colo. Code Regs. § 1002-84.25
The provisions of sections 25-8-202, 25-8-205(1) and 25-8-308(1)(h), C.R.S. provide the specific statutory authority for adoption of amendments to this regulation. The Commission also adopted, in compliance with section 24-4-203(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The use of reclaimed water has significantly increased in Colorado over the past decade and Treaters and potential Users of reclaimed water have identified an interest in new uses for reclaimed water that are not currently authorized under Regulation No. 84. Proponents from the Joint Water Reuse Committee of the Rocky Mountain Section American Water Works Association and Rocky Mountain Water Environment Association ("RMSAWWA/RMWEA") and the Colorado Section of the WateReuse Association, participating in a Water Quality Forum Work Group, requested that the Commission review Regulation No. 84 for the purpose of considering additional uses of reclaimed water.
As the Commission indicated in its initial adoption of Regulation No. 84, the use of reclaimed water is subject to Colorado water rights law. Several large municipalities have the right to use a portion of their water supply "to extinction" under Colorado law and have significant amounts of such water that are currently being discharged from the wastewater treatment facility rather than being further treated and reused.
In the 2010 triennial review for Regulation No. 84, the Commission discussed ideas that the Division and interested parties had brought forth for adopting new uses including modifying the regulation to establish broader categories of uses within which the Division could approve new uses. The Commission understands that the Division would need additional resources to implement such a scheme. However, in the interest of addressing the growing use of reclaimed water in Colorado in a timely manner, the Commission approved the renaming and addition of several specific new uses through these modifications to Regulation No. 84.
The Commission found that the following modifications to the authorized uses in Section 84.8 Table A are consistent with the intent of the original authorization of these uses, and present no increase in the potential risk to human health or the environment. By modifying the nomenclature and definitions for these categories of approved uses, the regulation and Notices of Authorization issued by the Division afford the same protections for comparable industrial and commercial uses with similar human exposure, environmental release, and cross-connection potential.
* "Cooling Tower" was renamed "Evaporative Industrial Processes"
* "Closed Loop Cooling System" was renamed "Non-Evaporative Industrial Processes"
* "Dust Control", "Soil Compaction", and "Mechanized Street Cleaning" were combined and renamed "Non-Discharging Construction and Road Maintenance"
* "Concrete Mixing and Washout" was divided into two uses, "Non-Evaporative Industrial Processes" and "Washwater Applications," respectively
The Commission found that adding several new uses, with appropriate conditions placed on their use, will further facilitate the safe and efficient use of Colorado's limited water resources. The Commission approved the addition of the following Commercial Uses: Commercial Laundries, Automated Vehicle Washing, and Manual Non-Public Vehicle Washing, and a new Agricultural Irrigation use.
Evaporative Industrial Processes
The Evaporative Industrial Processes use includes, but is not limited to, the following representative applications where water is used in an industrial process where the benefit of such use requires the evaporation of water, requiring additional make-up water: cooling tower use and gas and odor adsorption. In modifying the nomenclature for this category so that it now covers multiple evaporative industrial process uses, the Commission recognized that many evaporative industrial processes have the potential to use reclaimed water instead of potable or other water supplies, with similar low potential for human exposure, releases to the environment, and cross connections. It is the Commission's intent that no discharges to waters of the state shall be allowed with this use unless authorized via an approved permit under the Colorado Discharge Permit System (CDPS).
Non-Evaporative Industrial Processes
The Non-Evaporative Industrial Processes use includes, but is not limited to, the following representative applications where water is used in an industrial process, is not evaporated in the process, is used within a contained system, and is either discharged to a sewer system as a blow down (e.g., closed loop cooling systems) or is incorporated into a product that is not intended for personal contact or ingestion (e.g., those in which the water is retained in the product and conditions prevent excessive microorganism growth, such as the high pH of batched concrete): closed loop cooling systems (a previously-approved use, Sections 84.8 and 84.22), concrete makeup water (a previously-approved use as concrete mixing and washout, Sections 84.8 and 84.22), boiler feed water, water for lime slaking, and industrial process makeup water. In modifying the nomenclature for this category so that it now covers multiple non-evaporative industrial process uses, the Commission recognized that many industrial processes have the potential to use reclaimed water instead of potable or other water supplies, with similar low potential for human exposure, releases to the environment, and cross connections. It is the Commission's intent that no discharges to waters of the state shall be allowed with this use unless authorized via an approved permit under the CDPS.
Non-Discharging Construction and Road Maintenance
This approved use incorporates the following previously-approved representative uses for Mechanized Street Sweeping, Soil Compaction, and Dust Control. Other similar uses of water, including but not limited to cooling water for pavement cutting operations, are also authorized under this approved use. It is the Commission's intent that no discharges to waters of the state shall be allowed with this use unless authorized via an approved permit under the CDPS.
Washwater Applications
The Commission approved the new Washwater Applications use, which includes concrete washout as previously approved under Concrete Mixing and Washout. Washwater Applications would also include water used in washing of miscellaneous equipment, washing of product in mineral processing, and other similar uses where reclaimed water is used to remove material from equipment or a product. This use has been evaluated for risks to human health via ingestion, inhalation, and dermal contact. Best management practices (BMPs, specified as Additional Conditions in Section 84.8 and 84.9) and allowable water qualities are specified to mitigate these risks. It is the Commission's intent that no discharges to waters of the state shall be allowed with this use unless authorized via an approved permit under the CDPS.
Commercial Laundries, Automated Vehicle Washing, and Manual Non-Public Vehicle Washing
The Commission approved three new uses not previously authorized under Regulation 84 (Commercial Laundries, Automated Vehicle Washing, and Manual Non-Public Vehicle Washing) based upon an evaluation of the potential human health risks via ingestion, inhalation, dermal contact and cross-connection as well as the potential for discharging reclaimed water to a water of the state (groundwater or surface water). BMPs for each use and allowable water qualities were specified to minimize these risks. In assessing the proposed modifications to Regulation 84, typical uses of water in commercial laundries and automated and manual vehicle washing facilities were reviewed to characterize the likelihood and impacts of human contact with reclaimed water and releases of reclaimed water to waters of the state.
The Commission found that the potential for ingestion is negligible for all three proposed uses, in light of the limited access to the public and the commercial and industrial nature of the water use. The risk of ingestion in these new uses is further mitigated by the BMPs specified for these uses in Regulation 84. In light of the potential worker or public contact with aerosols in vehicle washing applications, the Commission considered additional information to assess the potential for human health effects of such contact. This information included the 2012 USEPA Guidelines for Water Reuse, regulations in other states that authorize commercial laundry and vehicle washing uses, a risk assessment based on available research and literature regarding health impacts of inhalation of recycled water aerosols, and a comparison of water quality in internally-recycled vehicle washing water systems fed by potable water to the water quality of recycled water produced by an existing Treater. This indicated to the Commission that a high level of disinfection (Category 3 water) is appropriate for situations where there is a high likelihood of frequent worker contact with reclaimed water aerosols for these uses. Alternatively, BMPs should be employed to prevent worker inhalation exposure if less stringent disinfection (Category 2 water) is employed.
The Commission found that:
* Secondary treatment and disinfection (Category 2 Reclaimed Water) is an appropriate treatment requirement for the use of reclaimed water in commercial laundry where there is no frequent worker or public exposure to aerosols generated from reclaimed water use.
* In vehicle washing facilities with a likelihood of worker or public exposure to aerosols generated from reclaimed water use, filtration and high-level disinfection (Category 3 Reclaimed Water) provides human health protection against aerosol inhalation risks. Alternatively, BMPs must be used to prevent the inhalation of aerosols with use of Reclaimed Water Category 2.
* Effective BMPs for physically preventing human contact with aerosols include personal protective equipment documented to prevent inhalation of aerosols, or other means as documented by a certified industrial hygienist.
Accordingly, the Commission approved the addition of two new Additional Conditions at Section 84.8 and 84.8 for applicability to Commercial Laundries, Automated Vehicle Washing, and Manual Non-Public Vehicle Washing as identified in 84.8 Table A. The Commission also determined that the Additional Condition in 84.8(A)(7) is applicable to the following renamed and new uses, in consideration of the type of use and potential for frequent worker or public exposure to aerosols: Washwater Applications, Non-Discharging Construction and Road Maintenance, and Non-Evaporative Industrial Processes.
The Commission found the overall risk to Commercial Laundry and Vehicle Washing workers and the public associated with ingestion and dermal contact is less than swimming at a swim beach and comparable to or less than other previously approved commercial and industrial uses of Category 1, 2, and 3 Reclaimed Water. For each of these proposed uses, the Commission found the potential for cross-connecting potable and recycled water piping is similar to previously approved Commercial and Industrial uses of Category 1, 2, and 3 Reclaimed Water. The existing BMPs for cross-connection control in Regulation 84 (at 84.9(C)(5), 84.9(C)(7), and 84.9(C)(8)) will apply to these new uses as well.
The Commission approved the modification of Section 84.8(A)(3) to read "Application rates or other measures shall be employed to minimize ponding on or runoff from the area approved for application or use," and specified that this Additional Condition be required for Automated Vehicle Washing and Manual Non-Public Vehicle Washing uses. It is the Commission's intent that no discharges to waters of the state shall be allowed with these uses unless authorized via an approved permit under the CDPS.
Non-Food Crop Irrigation and Silviculture
The Commission found that the use of reclaimed water for irrigation of certain agricultural crops and trees, when implemented in accordance with the reclaimed water quality standards and BMPs established in Regulation 84, is protective of public health and the environment. Adding agricultural irrigation as an approved use of reclaimed water will encourage the expanded use of reclaimed water in Colorado and is anticipated to reduce the regulatory compliance burden on Treaters and Users by allowing them to be permitted under a single control regulation where multiple approved uses of reclaimed water are implemented.
Health risks to the public or workers associated with potential contact with reclaimed water used for agricultural irrigation were determined to be of a comparable or lower magnitude than those associated with landscape irrigation. Environmental risks associated with runoff or excessive percolation of reclaimed water to waters of the state are determined to be of a comparable or lower magnitude than those risks associated with landscape irrigation. The Commission found that there is little increased risk of cross connection associated with the use of reclaimed water versus traditional sources of water used for agricultural irrigation.
The Commission found that Category 1 water is acceptable for irrigation of those non-food crops permitted to be irrigated with reclaimed water pursuant to this Control Regulation and that the criteria for Category 1 water are generally consistent with the treatment level requirements and water quality standards adopted by several other states (e.g., Arizona, California, Florida, and Texas) and countries for the irrigation of non-food crops. The Commission found that the BMPs established for restricted access landscape irrigation are appropriate and adequate for agricultural irrigation.
Annual Report Requirements
As part of this rulemaking, the Commission also revised the annual reporting provision to revise the due date of annual reports from January 31 of each year to March 31, to allow Treaters sufficient opportunity to compile reclaimed water use data and related records from the preceding calendar year.
PARTIES TO THE RULEMAKING
5 CCR 1002-84.25