5 Colo. Code Regs. § 1002-37.24

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-37.24 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: DECEMBER 10, 2007 RULEMAKING REGARDING TEMPORARY MODIFICATIONS; EFFECTIVE MARCH 1,2008

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

1. Big Dry Creek Cities (City of Westminster, City of Northglenn, and City and County of Broomfield)
2. Colorado Rock Products Association
3. City of Grand Junction
4. City of Colorado Springs and Colorado Springs Utilities
5. Upper Clear Creek Watershed Association
6. City of Black Hawk and Black Hawk / Central City Sanitation District
7. Department of Energy Office of Legacy Management
8. City of Aurora
9. Shell Frontier Oil & Gas, Inc.
10. City of Boulder
11. Tri-Lakes Wastewater Treatment Facility
12. Security Sanitation District
13. City of Fort Collins
14. Metro Wastewater Reclamation District
15. U.S. EPA

5 CCR 1002-37.24

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 03, February 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
42 CR 17, September 10, 2019, effective 12/31/2019
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