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
5 CCR 1002-34.42