5 Colo. Code Regs. § 1002-34.47

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-34.47 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; DECEMBER 12, 2016 RULEMAKING; FINAL ACTION JANUARY 9, 2017; EFFECTIVE DATE JUNE 30, 2017

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, 2018, to determine whether the temporary modification should be modified, eliminated or extended.

No action: The commission took no action on the temporary modifications on the following segments since they will be addressed in the basin wide hearing in June 2017.

Animas River Segment 3b: temporary modification of the cadmium, copper and zinc standards (expire 12/31/2017).

La Plata Segment 7a: temporary modification of the ammonia standards (expire 12/31/2018).

La Plata Segment 8c: temporary modification of the ammonia standards (expire 12/31/2018).

New Temporary Modifications of the Arsenic Standard:

Consistent with the actions taken in 2013, the commission adopted a temporary modification of the arsenic standard on segments on the following list, with an expiration date of 12/31/2021. At the April 8, 2013 rulemaking, the commission heard testimony that concurred with the finding from a December 13, 2011 hearing that an initial reasonable lower limit of treatment technology for arsenic is 3.0 µg/L, pending further investigation by the division, dischargers and stakeholders. The temporary modification was established by the commission to allow for a temporarily less stringent application of the chronic arsenic standard in control requirements for both existing discharges and new or increased discharges.

San Juan River Segment 9a San Juan River Segment 11a Piedra River Segment 7 Los Pinos River Segment 5 Animas Florida River Segment 10a Animas Florida River Segment 13a Animas Florida River Segment 22 La Plata River Segment 2b La Plata River Segment 5a La Plata River Segment 12 Dolores River Segment 1 Dolores River Segment 2 Dolores River Segment 3 Dolores River Segment 4a Dolores River Segment 4b Dolores River Segment 5a Dolores River Segment 5b

PARTIES TO THE RULEMAKING HEARING

1. Colorado Parks and Wildlife
2. Resurrection Mining Company
3. Public Service Company of Colorado
4. City of Pueblo
5. Peabody Sage Creek Mining Company and Seneca Coal Company
6. Tri-State Generation and Transmission Association, Inc.
7. Climax Molybdenum Company
8. Rio Grande Silver, Inc.
9. Mt. Emmons Mining Company
10. Plum Creek Water Reclamation Authority
11. Environmental Protection Agency
12. Raytheon Company
13. City of Boulder Open Space and Mountain Parks
14. High Country Conservation Advocates
15. City of Colorado Springs and Colorado Springs Utilities
16. City of Black Hawk and Black Hawk/Central City Sanitation District
17. Town of Crested Butte and Coal Creek Watershed Coalition
18. Parker Water and Sanitation District

5 CCR 1002-34.47

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