5 Colo. Code Regs. § 1002-37.30
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, 2014, to determine whether the temporary modification should be modified, eliminated or extended.
Temporary modifications standards on two segments were reviewed. The Basic Standards Statement of Basis for the 2010 hearing records the Commission's intent regarding temporary modifications, (see 31.48 at I.A)
Since temporary modifications have no impact on other aspects of Colorado's water quality management program such as the 303(d) list, the Non-point Source Program or the Total Maximum Daily Load (TMDL) Program, it is fitting that temporary modifications only be used where there are permitted discharges that would face unreasonable consequences in the absence of a temporary modification (e.g., a permit compliance schedule to meet a standard that is significantly uncertain).
No action: The Commission took no action on the temporary modifications on the following segment which is receiving waters for permitted discharges.
Lower Colorado segment 13b: Temperature (expiration date 6/30/2013)
Lower Colorado River segment 4e, Dry Creek: Tri-State Generation and Transmission Association, Inc. proposed extending the temporary modifications for copper and iron for Dry Creek. The Commission considered Tri-State's plan to eliminate the need for the temporary modification. Tri-State is working to resolve uncertainty and is making progress in addressing this segment. The Commission extended the expiration date to 12/31/2015.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-37.30