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 to determine whether the temporary modification should be modified, eliminated or extended.
Language was added to subsection 37.6 to explain the terms "type i" and "type ill" temporary modifications.
Because parties are working to resolve uncertainty and are on schedule to address these segments at the regularly scheduled basin-wide rulemaking (June 2008), the Commission either added "type ill" or made the reference consistent, but took no action on the temporary modifications for the following segments, leaving their expiration dates unchanged.
White River segment 13b: (temporary modifications of all numeric standards). Shell presented evidence that they are making progress on their study of appropriate underlying standards and will make a proposal for the 2008 rulemaking hearing.
Lower Colorado segment 13b: (temporary modifications for selenium, dissolved oxygen, fecal coliform, ammonia, cadmium, copper, silver, nickel, boron, mercury and nitrite). The cities of Grand Junction and Fruita and Mesa County presented evidence that they are making progress on their study of appropriate underlying standards and will make a proposal for the 2008 rulemaking hearing.
The following segments' temporary modifications were inadvertently left in the table after last year's hearing. They were deleted in this hearing.
Lower Yampa segment 3b: temporary modification for selenium.
Lower Yampa segment 3c: temporary modification for inorganics and metals.
Lower Yampa segment 3e: temporary modification for inorganics and metals.
Lower Yampa segment 16: temporary modification for fecal coliform.
White River segment 9b: temporary modification for selenium.
Lower Colorado segment 4a: temporary modification for selenium.
Lower Colorado segment 13c: temporary modification for selenium.
PARTIES TO THE RULEMAKING
5 CCR 1002-37.24