5 Colo. Code Regs. § 1002-38.100
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
Cadmium is a naturally-occurring element frequently found alongside other metals, and numerous treatment techniques are available to remove cadmium from wastewater. Cadmium has both acute and chronic effects on aquatic life, and can negatively impact survival, growth, reproduction, immune and endocrine systems, development, and behavior.
The commission revised the hardness-based cadmium table value standards to protect the Aquatic Life use. The updated standards incorporate toxicity data that have become available since the cadmium standards were last updated in the 2005 Regulation No. 31 rulemaking hearing. The updated standards are based on the United States Environmental Protection Agency's (EPA) "Aquatic Life Ambient Water Quality Criteria - 2016" and toxicity data that have become available since EPA's recommended criteria were released in 2016.
The updated standards include two acute equations (acute(cold) and acute(warm)) and one chronic equation. The acute(cold) and chronic equations are the same as the acute and chronic criteria recommended by EPA in 2016. The acute(cold) equation, which is lowered to protect trout, is protective of trout and other sensitive cold water species and applies in segments classified as Aquatic Life Cold Class 1 or 2. The acute(warm) equation, which is not lowered to protect trout, is protective of warm water species and applies in segments classified as Aquatic Life Warm Class 1 or 2. The chronic equation is protective of both cold and warm water aquatic life and applies in segments classified as either Aquatic Life Cold Class 1 or 2 or Aquatic Life Warm Class 1 or 2.
Compared to the previous cadmium table value standards, the updated standards are generally less stringent. The acute(cold) standard is less stringent than the previous acute(trout) standard when water hardness is greater than 45 mg/L CaCO3. The acute(warm) equation is less stringent than the previous acute standard when water hardness is greater than 101 mg/L CaCO3. The updated chronic equation is less stringent than the previous chronic standard at all water hardness values.
In the past, Colorado has had separate acute equations for waters with trout and waters without trout. The updated standards include separate acute equations for cold waters (both with and without trout) and warm waters. This change in approach is due to the addition of toxicity data showing that sculpin, which inhabit cold waters, are also sensitive to cadmium. To ensure protection of sculpin and other sensitive cold water aquatic life in waters where trout are absent, the acute(cold) equation applies to all cold waters. As a result, the acute trout (tr) qualifier for cadmium is no longer needed on select cold water segments and was deleted from all segments where it had applied.
To improve the clarity and usability of the tables, an acronym list was added to the front of Appendix 38-1 and the footnote referencing Section 38.6 was also simplified.
5 CCR 1002-38.100