5 Colo. Code Regs. § 1002-33.55
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, 2017, to determine whether the temporary modification should be modified, eliminated or extended. Temporary modifications of standards on two segments were reviewed.
Blue River segment 14: Temporary modification of the chronic molybdenum standard. Climax Molybdenum has presented evidence that they are making progress on the plan for eliminating the need for the temporary modification and on resolving the uncertainty regarding the underlying molybdenum standards on Blue River segment 14. However, the results of a key study will not be available in time for consideration in the June 2016 Basic Standards hearing. Therefore, the Commission extended the expiration date of the "current conditions" temporary modification for molybdenum to 12/31/2017 in order that the expected study results may be considered at a special hearing subsequent to the regularly scheduled Basic Standards hearing in June 2016.
Yampa River segment 13d: Temporary modification of the iron standard. Peabody Sage Creek Mining Company and Seneca Coal Company presented evidence that the expiration date of the iron temporary modification should be aligned with the expiration date of the iron temporary modification on Yampa River segment 13i (which was the subject of rulemaking last year). These segments are subject to the same study plan, and should have the same expiration date. The Commission extended the temporary modification to the iron standard for Yampa River segment 13d to 12/31/2017.
In addition, the Commission corrected the Regulation #33 numeric tables for Yampa River segment 13i to indicate that the iron temporary modification applies to Grassy Creek, not Little Grassy Creek. This correction is consistent with Regulation #33 and its Statements of Basis and Purpose for the iron temporary modification on Grassy Creek as adopted by the Commission in the Colorado Basin hearings in 2008 and 2014.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-33.55