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

2. 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

3. 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 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

4. 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

5. 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

6. Modifications to Existing Industrial Uses
Level of Treatment / Disinfection

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

8. 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

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

10. 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

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

12. 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

13. 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.”

14. 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...”

15. 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

16. 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

17. 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)

18. 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

19. 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

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