5 Colo. Code Regs. § 1002-36.41

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-36.41 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; DECEMBER 11, 2017 RULEMAKING; FINAL ACTION JANUARY 8, 2018; EFFECTIVE DATE JUNE 30, 2018

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, 2019 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:

Rio Grande Segments 4a and 7: temporary modifications of the standards on Rio Grande Segment 4a (cadmium, lead, zinc, and ammonia) and Segment 7 (cadmium, copper, lead, silver, zinc, ammonia); expire 12/31/2018. Both the Town of Creede and Rio Grande Silver presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission took no action on the temporary modifications on these two segments as the original time allotment was deemed adequate to resolve the uncertainty.

PARTIES TO THE RULEMAKING HEARING

1. Peabody Sage Creek Mining Company, Seneca Coal Company and Twentymile Coal, LLC

2. Tri-State Generation and Transmission Association, Inc.

3. Colorado Parks and Wildlife

4. Environmental Protection Agency

5. City of Black Hawk and Black Hawk/Central City Sanitation District

6. Rio Grande Silver, Inc. 7. MillerCoors LLC

8. Plum Creek Water Reclamation Authority

9. Public Service Company of Colorado

10. City of Pueblo

5 CCR 1002-36.41

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

41 CR 01, January 10, 2018, effective 1/31/2018

41 CR 03, February 10, 2018, effective 6/30/2018

41 CR 17, September 10, 2018, effective 12/31/2018

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