5 Colo. Code Regs. § 1002-32.60

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-32.60 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; DECEMBER 11, 2017 RULEMAKING; FINAL ACTION JANUARY 8, 2018; EFFECTIVE DATE JUNE 30, 2018

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 scheduled to expire before December 31, 2019 to determine whether the temporary modification should be modified, eliminated, or extended.

No action: The commission took no action on the temporary modifications on the following segments:

Upper Arkansas Segment 8b: temporary modifications of the temperature, cadmium, and zinc standards. The commission took no action on the temporary modification of the temperature standard. This temporary modification was deleted from the table because it expires 12/31/2017. For the temporary modifications of the cadmium and zinc standards (expire 12/31/2018), the commission took no action. Resurrection Mining Company presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Middle Arkansas Segment 4b: temporary modifications of the ammonia, arsenic, boron, cadmium, chlorine, chlorophyll a, chromium III, chromium VI, copper, cyanide, D.O., E. coli, iron, lead, manganese, mercury, molybdenum, nickel, nitrate, nitrite, pH, phosphorus, selenium, silver, sulfide, and zinc standards (expire 12/31/2018). EVRAZ presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Middle Arkansas Segment 6b: temporary modification of the temperature standard (expires 12/31/2018). Public Service Company of Colorado presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Lower Arkansas Segment 1a: temporary modifications of the selenium and sulfate standards (expire 12/31/2018). The City of Pueblo is making progress on its plans to seek a discharger specific variance (DSV). The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

PARTIES TO THE RULEMAKING HEARING

1. Peabody Sage Creek Mining Company, Seneca Coal Company and Twentymile Coal, LLC
2. Tri-State Generation and Transmission Association, Inc.
3. Colorado Parks and Wildlife
4. Environmental Protection Agency
5. City of Black Hawk and Black Hawk/Central City Sanitation District
6. Rio Grande Silver, Inc.
7. MillerCoors LLC
8. Plum Creek Water Reclamation Authority
9. Public Service Company of Colorado
10. City of Pueblo

5 CCR 1002-32.60

38 CR 03, February 10, 2015, effective 6/30/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 23, December 25, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
41 CR 01, January 10, 2018, effective 1/31/2018
41 CR 03, February 10, 2018, effective 6/30/2018
41 CR 17, September 10, 2018, effective 12/31/2018
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
44 CR 01, January 10, 2021, effective 2/14/2021
44 CR 05, March 10, 2021, effective 6/30/2021
44 CR 17, September 10, 2021, effective 12/31/2021
45 CR 17, September 10, 2022, effective 9/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023