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
The Commission has decided to delay the basin-wide review of water quality classifications and standards for this basin until June 2013, to accommodate an issue-specific rulemaking for nutrient criteria in June 2011. Consistent with that decision, the expiration dates of the temporary modifications on the following segments that are currently scheduled to expire on 12/31/2012 are extended to 12/31/2013. These will be reviewed again in a Temporary Modification hearing prior to the June 2013 basin-wide hearing.
Upper Arkansas 2b, 2c, 3, 8a, 8b, 12a
Middle Arkansas 4b, 5, 6, 9 (selenium only), 10, 12, 14, 18a
Fountain Creek 1a
Lower Arkansas 1a(selenium and sulfate only), 1b(selenium only), 1c, 4, 5a, 6, 7(selenium only), 9a, 9b, 9c, 11.
The Commission would like to emphasize that its intent and expectation is that the issues that necessitated adoption of these temporary modification should be resolved as soon as possible and in a manner that takes full advantage of the opportunities provided by the December 2011 review of temporary modifications. The Commission recognizes that it is important to resolve uncertainty regarding the underlying standards so that temporary modifications can be eliminated and any needed pollution controls can be put in place in a timely manner.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-32.45