5 Colo. Code Regs. § 1002-33.53
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, 2016, to determine whether the temporary modification should be modified, eliminated or extended. Temporary modifications of standards on two segments were reviewed.
No action: The Commission took no action on the temporary modification of the chronic molybdenum standard for Blue River segment 14: Climax Molybdenum has presented evidence of an adequate plan for eliminating the need for the temporary modification and progress is being made on resolving the uncertainty regarding the underlying molybdenum standards on Blue River segment 14. The Commission made no change to the expiration date of 12/31/2016 as the original time allotment was deemed adequate.
Extension: The Commission reviewed the definitive temporary modification implementation plan submitted by Seneca Coal Company and Peabody-Sage Creek Mining, LLC ("Peabody"). Based on the existence of that plan, as modified at the hearing, the Commission extended the temporary modification to the iron standard for Yampa River Segment 13i to December 31, 2017. The Commission expects that Peabody will meet with the Division, CPW and EPA in the spring and fall of 2015 regarding the reference site approach and progress on its plan. Progress on the Plan will be reviewed by the Commission in December 2015.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-33.53