5 Colo. Code Regs. § 1002-32.16
Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-32.16 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; FEBRUARY, 1991, HEARING:The provisions of 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402 C.R.S. provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with 24-4-103(4), C.R.S., the following statement of basis and purpose.
Basis and Purpose:
(1) On June 5, 1990, following rulemaking hearings on November 6 and 7, 1989 and April 3, 1990, the Commission took final action to adopt numerous revisions to water quality classifications and standards throughout the Arkansas River Basin. On September 10, 1990 the Commission held an emergency rulemaking hearing to correct certain typographical errors in the revisions as filed following the June 5 action, specifically relating to segment 2 of Fountain Creek. To reflect the proper classifications and standards for this segment, the correction of these typographical errors has now been made permanent.(2) Section 3.2.5 of this regulation contained provisions regarding a "footnote for un-ionized ammonia and nitrate." The purpose of this section of the regulation was to implement a statutory provision that has subsequently been repealed. In addition, the footnotes provided for in this section had previously been deleted from the Arkansas Basin tables. Therefore, to conform with current law and avoid confusion, this section has been deleted.(3) Section 3.2.6 has been revised to apply new zinc criteria as table value standards in the basin, in place of the table values set forth in Table III of the Basic Standards and Methodologies for Surface Water. The revised zinc criteria are based on new equations that have been determined to be more appropriate, and which have been developed since the Basic Standards and Methodologies for Surface Water were revised.(4) A dissolved manganese standard of 50 ug/l was adopted for segment 2 of Fountain Creek even though the 85th percentile of representative data collected from Fountain Creek upstream of the Colorado Springs Wastewater Treatment Plant showed ambient levels of approximately 70 ug/l. This ambient level exceeds the 50 ug/l criterion contained in Table III of the Basic Standards which is meant to protect against objectional aesthetic qualities such as staining of laundry and taste problems in the finished water. Segment 2 was classified for water supply in 1980 based on its hydraulic connection to the Widefield Aquifer which is a major water supply for several municipalities and private residences. There were no surface withdrawals of water from segment 2 for domestic use in 1980 nor are there any at present or anticipated in the future. For these reasons and testimony from Colorado Springs that it is not feasible for their wastewater treatment plant to comply with either a 50 or 70 ug/l stream standard now or in the future, the Commission accepted the proposal that compliance with the standards would be based on maintaining a level below 50 ug/l at a point in the aquifer which should be most sensitive to changes in concentration caused by loadings to segment 2 of Fountain Creek. PARTIES TO THE FEBRUARY 3, 1991 RULEMAKING HEARING FOR THE ARKANSAS RIVER BASIN'
1. City of Colorado Springs3. ASARCO Incorporated & RES-ASARCO Joint Venture FINDINGS REGARDING BASIS FOR EMERGENCY RULE FEBRUARY 5, 1991:
The Commission held this emergency rulemaking hearing to revise the numerical standards for one segment of the Arkansas River Basin. Specifically, the dissolved manganese standard has been removed and other metals standards for Upper Arkansas segment 9 corrected, to reflect the fact that the water supply classification was previously removed from this segment.
The Commission finds that the immediate adoption of this regulation is imperatively necessary for the preservation of public health, safety, or welfare and that compliance with normal notice requirements would be contrary to the public interest. Emergency adoption is necessary because the Commission previously removed the water supply classification from this segment and inadvertently did not correspondingly change the numerical standards, and because the ASARCO discharge permit for a discharge to this segment, which will be affected by these standards, expires in March of this year.
38 CR 03, February 10, 2015, effective 6/30/201539 CR 03, February 10, 2016, effective 3/1/201639 CR 03, February 10, 2016, effective 6/30/201639 CR 23, December 25, 2016, effective 12/30/201640 CR 03, February 10, 2017, effective 6/30/201741 CR 01, January 10, 2018, effective 1/31/201841 CR 03, February 10, 2018, effective 6/30/201841 CR 17, September 10, 2018, effective 12/31/201842 CR 04, February 25, 2019, effective 6/30/201943 CR 03, February 10, 2020, effective 6/30/202044 CR 01, January 10, 2021, effective 2/14/202144 CR 05, March 10, 2021, effective 6/30/202144 CR 17, September 10, 2021, effective 12/31/202145 CR 17, September 10, 2022, effective 9/30/202246 CR 10, May 25, 2023, effective 6/14/2023