5 Colo. Code Regs. § 1002-32.44
The provisions of C.R S. 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402; 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
Pursuant to the requirements in the Basic Standards (at 31.7(3)), the Commission reviewed the status of temporary modifications to determine whether the temporary modification should be modified, eliminated or extended.
Ammonia: Temporary modifications of ammonia standards on nine segments were reviewed.
Deleted: Ammonia temporary modifications were deleted on the following segments because in most cases permits had recently been reissued for dischargers on the segments. Compliance schedules in the permits are adequate to address any necessary treatment plant upgrade issues. In other cases, no permits now discharge to this segment.
Middle Arkansas Segments 2 and 14
No action: The Commission took no action on the ammonia temporary modifications on the following segments. These will expire 12/31/2011 and will be reviewed again in the December 2010 Temporary Modification hearing
Middle Arkansas Segments 3, 4c, and 9
Fountain Creek Segment 6
Lower Arkansas Segments 1a, 1b, and 7
Other Parameters: The type iii temporary modifications of the copper standards for Fountain Creek segments 2a and 6 were also reviewed and extended. The Tri-Lakes Wastewater Treatment Facility; Upper Monument Creek Regional Wastewater Treatment Facility; Security Sanitation District; and Fountain Sanitation District are still in the process of evaluating the Biotic Ligand Model (for possible development of site-specific copper standards. Additional time is needed to wait for EPA's guidance on use of the BLM to develop site-specific criteria. An expiration date of 12/31/2012 was selected to assure that these temporary modifications can be resolved as early as December 2010.
PARTIES TO THE RULEMAKING
5 CCR 1002-32.44