5 Colo. Code Regs. § 1002-34.42

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-34.42 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 9, 2013 RULEMAKING REGARDING TEMPORARY MODIFICATIONS; FINAL ACTION MARCH 11, 2014 EFFECTIVE DATE JUNE 30, 2014

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, 2015, to determine whether the temporary modification should be modified, eliminated or extended. Temporary modifications of standards on three segments were reviewed.

Temporary Modifications for ammonia on the following segments were reviewed:

Animas and Florida River segment: 13b

La Plata River, Mancos River, McElmo Creek, and San Juan River segments: 7a, 8c

Temporary Modifications were extended for existing discharges to these segments in 2012, based upon evidence that the dischargers could not meet water quality based effluent limits for ammonia. The uncertainty in the standard for each segment may be resolved through a site-specific standard or a discharger specific variance. The expiration dates were extended to 6/30/2015. The Division intends to have proposals ready to resolve the uncertainty with the ammonia standards for the annual Temporary Modification hearing in December 2014.

PARTIES TO THE RULEMAKING HEARING

1. Rio Grande Silver, Inc.
2. Black Hawk/Central City Sanitation District and City of Black Hawk
3. Centennial Water & Sanitation District, City of Littleton, City of Englewood
4. Colorado Parks and Wildlife
5. Homestake Mining Company of California
6. Metro Wastewater Reclamation District
7. South Platte Coalition for Urban River Evaluation (SP CURE)
8. City of Boulder
9. Seneca Coal
10. Tri-State Generation and Transmission Association
11. City of Fort Collins
12. MillerCoors, LLC
13. Environmental Protection Agency
14. Barr Lake and Milton Reservoir Watershed Association
15. Plum Creek Water Reclamation Authority

5 CCR 1002-34.42

37 CR 17, September 10, 2014, effective 3/1/2015
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
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 17, September 10, 2017, effective 12/31/2017
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
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