5 Colo. Code Regs. § 1002-37.36

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

Section 5 CCR 1002-37.36 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; DECEMBER 14, 2015 RULEMAKING; FINAL ACTION JANUARY 11, 2016; EFFECTIVE DATE JUNE 30, 2016

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, 2017, to determine whether the temporary modification should be modified, eliminated or extended. Temporary modifications of standards on one segment was reviewed.

Lower Colorado segment 4e: Temporary modifications of the copper and iron standards. Tri-state Generation and Transmission, Inc. provided evidence that it is making progress on the plan for eliminating the need for the temporary modification and on resolving the uncertainty regarding the underlying standards. The Commission made no change to the expiration date of 6/30/2017 for copper, and 12/31/2017 for iron as the time allotment was deemed adequate.

PARTIES TO THE RULEMAKING HEARING

1. City of Delta

2. Resurrection Mining Company

3. U.S. Energy Corp.

4. City of Pueblo

5. Peabody Sage Creek Mining and Seneca Coal Company

6. Climax Molybdenum Company

7. Rio Grande Silver

8. City of Colorado Springs and Colorado Springs Utilities

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

10. High Country Conservation Advocates

11. U.S. Environmental Protection Agency

12. Colorado Parks and Wildlife

13. Town of Crested Butte and Coal Creek Watershed Coalition

14. Public Service Company of Colorado

5 CCR 1002-37.36

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