The division updates regulations, guidance, and policies regularly. We want to hear from you on these proposals. Whether you are a member of the public who is interested in what the state is doing or a regulated entity that is impacted by these measures, we want your feedback. The information on this webpage reflects current efforts you should be aware of and possible engagement opportunities.
Engagement email notifications
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Water quality public notices
Public notices inform the public of an activity that the division is looking for feedback on, such as:
- Permit actions and proposals
- Construction projects impacting water
- Enforcement actions
Water quality information bulletin
The water quality bulletin is a monthly publication that summarizes public notices of recent division activities related to protecting lakes, streams, and groundwater.
Current or upcoming engagement opportunities
Below are different efforts and proposals the division is looking for feedback on. We welcome anyone to attend the upcoming meetings associated with each topic, learn about the proposal, and provide feedback.
10 - year water quality roadmap
Excess nutrients can degrade the quality of our drinking water, impair recreational boating and fishing experiences, and harm fish and aquatic species. Colorado has been directed by the EPA and the commission to adopt nutrient criteria to protect our streams and lakes. In October 2017, we established a water quality roadmap that outlines our strategy for developing nutrient criteria and other water quality priorities over 10 years from 2017 to 2027.
Suncor permit renewal
Suncor has two permits that allow for discharge of pollutants into Sand Creek which are up for renewal in 2021, CO0001147 and COS000009. CO0001147 allows Suncor to discharge refinery process wastewater and remediated groundwater into Sand Creek. COS000009 allows Suncor to discharge stormwater off its site into Sand Creek. Prior to renewing these permits, it is the responsibility of the division to include requirements and identify pollutant limits that will protect Sand Creek and downstream waters in order to maintain their beneficial uses (such as recreation, fishing, agriculture, and drinking water). The division seeks input from the community related to the requirements and pollutant limits needed to protect Sand Creek and downstream waters.
Waters of the United States
The Clean Water Act gives EPA and the U.S. Department of the Army the authority to define "waters of the United States" in regulations and the Armny issues 404 permits to protect waters of the United States from dredge and fill activities.
The Supreme Court decision in Sackett v. EPA could result in fewer water quality protections for Colorado. If this happens, we will use policy to guide any enforcement actions on the discharge of unpermitted dredged and fill materials into state waters.
Lead and Copper Rule Revisions
The EPA recently published the Lead and Copper Rule Revisions (LCRR) that include significant changes to the current Lead and Copper Rule. The goal of the LCRR is to better protect communities from lead exposure in drinking water. EPA has also announced its intention to further strengthen regulatory requirements through the Lead and Copper Rule Improvements (LCRI), which they plan to finalize in late 2024.
Quarterly webinar for discharge permitees
The Water Quality Control Division has quarterly webinars for Colorado Discharge Permit System permittees. The purpose of these webinars is to provide permittees with up-to-date information on division permitting activities that could affect permittees and their future permits. Sometimes there are opportunities to provide feedback. The webinars are open to the public and anyone is welcome to attend.
Reg. 64 - Biosolids and PFAS
In early 2022, the division plans to evaluate if any interim changes are needed to Regulation 64 and/or its implementing authorizations, policies, and practices to address potential risks associated with PFAS in biosolids.
Capacity Development Strategy
As part of the American Water Infrastructure Act of 2018, states are required to update their strategies to include asset management requirements by the end of the year. Colorado’s current strategy is not really changing, however, it is updated with more specificity on how the strategy addresses asset management.
We are seeking stakeholder feedback on the changes made to the Water Quality Control Division's Safe Drinking Water Program Capacity Development Strategy.
Backflow Prevention and Cross-Connection Control
Cross-connections remain the largest culprit in waterborne disease outbreaks in the United States. The Water Quality Control Division is launching a stakeholder engagement process to propose updates to the Backflow Prevention and Cross-Connection Control Rule (BPCCC Rule) in Regulation 11, Section 11.39. The BPCCC Rule was updated in 2014/2015, resulting in the current version of the regulation. Several minor revisions/clarifications have been made since then.
COG641000 Water Treatment Plant Discharges Permit
The Water Quality Control Division is beginning a stakeholder effort to renew the COG641000 water treatment plant discharges permit. We will be hosting two meetings during this effort. All current permittees will be invited to participate in the stakeholder engagement process. Following the stakeholder feedback process, the division will release a draft COG641000 renewal permit that includes an additional opportunity to provide input via a public comment period. After the public comment period, the renewal permit will be issued and the division will begin the process of renewing and re-issuing all existing permit certifications.
Water Quality Fee Setting Rule
The fees that support the division are set in statute, and federal funding has remained flat through the years making it difficult to achieve long-term fiscal sustainability and provide a higher level of customer service. The Water Quality Fee-Setting by Rule proposal removes clean water and drinking water fees from statute and instead directs the Water Quality Control Commission to set fees in regulation.
General Construction Permit Renewal (COR400000)
The current construction stormwater discharge general permit expires on March 31, 2024, and the division expects to renew the permit effective April 1, 2024. The permit outlines necessary compliance with water quality standards via practice-based limitations and requirements. The renewed permit will include updates made to add clarity.
Prior to renewal, all permittees who have not done so must claim their facilities in Colorado Environmental Online Service (CEOS), the division’s online application system; this can be done at any time.
Industrial stormwater general permit for non-extractive industries
The Water Quality Control Division is renewing the general permit to discharge stormwater associated with non-extractive industrial activity and would like input from the public and regulated entities. In order to protect Colorado waters from pollutants in stormwater runoff, the division requires operators of certain industrial facilities to obtain permit coverage for actual or potential discharges of stormwater. This permit requires facilities to implement a stormwater management plan, implement specific stormwater control measures, also known as best management practices, perform inspections, and monitor pollutants in their discharge.
Reg. 86 - Graywater control
On May 7, 2018, the Water Quality Control Commission held an informational hearing to gather feedback for a proposed rulemaking scope to update Regulation 86 - Graywater Control Regulation. The division initiated the stakeholder engagement process and placed the effort on hold due to competing obligations, limited resources, and the COVID-19 pandemic.
The division presented an update on the stakeholder engagement schedule with the Commission in May 2021 as part of the triennial review process. As a result of the meeting, the stakeholder engagement schedule for Regulation 86 was postponed until 2022.
Reg. 73 - Chatfield Reservoir
In 2021, the division initiated a stakeholder process to refine the scope for a Regulation 73 rulemaking hearing (RMH). In February 2022, the WQCC approved the proposed scope for a March 2023 RMH. The division, with stakeholders, will develop a proposal for the Regulation 73 rulemaking hearing scheduled for March 13, 2023. The proposal will be within the scope set by the Water Quality Control Commission in February 2022.
Reg. 22 - Site Location and Design Regulations for Domestic Wastewater Treatment Works
The division is hosting routing discussions on the last Monday of each month until May 2023 to determine the feasibility of future regulatory changes for construction flexibility and historical infrastructure that does not have documentation demonstrating site location and design approval.