5 Colo. Code Regs. § 1002-34.27
The provisions of 25-8-202(1)(a) and (b); 25-8-203; 25-8-204; and 25-8-402 C.R.S. 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
In 1995, the Water Quality Control Commission adopted underlying goal-based numerical and narrative standards with temporary modifications for segments 2, 3b, 4a, 4b, 7, 8 and 9b of the Animas River Basin. The underlying goal-based standards were adopted with a three-year delayed effective date. In the interim, ambient quality-based standards were adopted for the critical segments to protect aquatic life currently in place in these segments. The critical segments did not meet the underlying goal based numeric standards, and it was not clear that the goal-based standards were in fact achievable within a 20-year period. Numeric standards were adopted in other segments of the river where supported by existing water quality. The overall purpose for adopting the underlying goal-based standards with temporary modifications was to encourage continuation of an existing community-based, cooperative watershed improvement initiative designed to improve water quality in the Animas River Basin unencumbered by the potential implications of the goal-based standards being in effect.
The Commission charged the Animas Stakeholders Group with the responsibility to determine the feasibility of specific clean-up projects, the quantification of achievable improvements and to identify, prioritize and acquire funding for remediation projects. Based on this work, the Commission expected that recommendations would be made for the permanent adoption of the underlying goal-based numeric standards or for alternative standards that would be achievable within a 20-year period. The Stakeholders have worked successfully toward accomplishment of this end. Significant progress has taken place in the basin in completion of feasibility studies, identification and prioritization of specific clean-up projects, initial funding for projects and on-the-ground remediation work in process. Evidence was submitted in the rulemaking regarding the work accomplished to date, additional work in progress or planned in the near future, and a schedule for the additional work planned during the next three years. Part of the planned work will be completed in conjunction with the U.S. Department of the Interior Abandoned Mined Land Initiative, which is designed to develop practical characterization and remediation methodologies for federal land managers and others to be used in a watershed management approach. The Animas Basin is one of two national pilot projects for this initiative. From this information, it is apparent that additional time is needed to finish studies to adequately characterize pollution sources, quantify feasible remediation levels, and define habitat limitations along with the potential for aquatic life. Completion of this work is necessary to provide a comprehensive recommendation to the Commission for ultimate numeric/narrative standards.
In order to allow the ongoing community-based, cooperative watershed improvements initiative an opportunity to continue the promising effort that is currently underway, the Commission has decided that the delayed effective date of underlying goal-based standards (and associated temporary modifications) should be delayed for another three years, to March 2, 2001.
With this extension, the Commission has the following expectations for:
Finally, the Commission notes that the action taken here is a unique approach to the unique situation present in the Animas River Basin, including the presence of a cooperative, community-based effort with unusually broad participation. This action should not be viewed as a precedent for other site-specific hearings.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-34.27