5 Colo. Code Regs. § 1002-38.45
The provisions of 25-8-202(1)(b) and (2); and 25-8-204 and 25-8-402 CHRIS provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with 24-4-103(4), CHRIS, the following statement of basis and purpose.
BASIS AND PURPOSE:
In this rulemaking proceeding, the Commission (1) resegmented segment 4 of Big Dry Creek into segments 4a and 4b, such that North and South Walnut Creek and Walnut Creek, from the outlet of ponds A-4 and B-5 to Indiana Street, now constitute segment 4b (upon which all of former segment 4's standards shall apply with the exception of the un-ionized ammonia standard which shall be removed from the segment), and all portions of segment 4 (on both Walnut and Woman Creeks) other than segment 4b shall be redesignated as segment 4a; and (2) removed the unionized ammonia standard (both the underlying standard and temporary modifications) from segment 5 of Big Dry Creek.
In December, 1989, the Commission revised the segmentation for tributaries to Big Dry Creek at the Rocky Flats Environmental Technology Site ("RFETS" or "the Site") by creating separate segments for portions of Walnut and Woman Creek drainages. Segment 4 encompassed all of Woman Creek and its tributaries except Pond C-2, an off-channel runoff storage pond, and those portions of Walnut Creek and tributaries above Great Western Reservoir except segment 5. Segment 5 encompassed those portions of North Walnut and South Walnut Creeks which feed, in part, the A- and B-series ponds directly downstream of the plant site and Pond C-2 on Woman Creek.
In the October, 1992 hearing, the WQCC adopted temporary modifications to standards on segment 5 for nine constituents, including un-ionized ammonia. The temporary modifications for ammonia were set to expire on April 1, 1996, after which the underlying standards of 0.06/0.1 mg/l (un-ionized) were to be in effect. Segment 4 ammonia standards of 0.06/0.1 mg/l did not include temporary modifications. The Division provided testimony at that hearing that the cost of an ammonia removal system for a wastewater treatment plant similar in size to that at RFETS would be upwards of $1.25 million.
The results of DOE and EG&G's Bioassessment and Physical/Chemical Characterization of Walnut Creek and Woman Creek demonstrate that the impairment of aquatic life in segment 5 of Walnut Creek and in those portions of existing segment 4 of Walnut Creek below Ponds A-4 and B-5 is due to flow and habitat constraints rather than water quality conditions due to ammonia. As a result, the high cost of an ammonia removal system would be unjustified in light of the minimal expected improvement to be gained in Walnut Creek. Therefore, the Commission decided to accept the stipulation submitted and signed by all the parties at the rulemaking hearing to resegment segment 4 in the RFETS area, create a new segment 4b which has all of segment 4's standards with the exception of un-ionized ammonia, redesignate all remaining portions of segment 4 as segment 4a, and eliminate the un-ionized ammonia standard from segment 5.
Past Commission action is consistent with the action taken here. When the Commission removed the ammonia standard for segment b of Coal Creek, it did so on the basis of similar aquatic life impairment in the segment due to lack of flow, and the limited benefits that would be gained by the requirement of a costly ammonia removal system.
In making its decision, the Commission has considered EPA's view that the NPDES permit for the RFETS wastewater plant will be issued without an ammonia removal requirement, although additional ammonia monitoring will be required, and the Division's indication that it foresees no difficulty in issuing '401 certification on the basis of the present facts. The Commission's decision is also based on evidence that uses in downstream segments will be protected.
The Commission is also mindful that the Option B water diversion project protecting water supplies downstream of the Rocky Flats Plant is scheduled for completion within the next two years. This project will consist of a 100-year flood detention reservoir on Woman Creek to protect Standley Lake (the drinking water supply of the local cities of Westminster, Northglenn, and Thornton), and the elimination of Great Western Reservoir as a water supply for the City of Broomfield, with the procurement of an equivalent replacement water supply. Because of Option B, water flowing off plant site is not anticipated to affect any drinking water supplies downstream; thus, the local communities, DOE, the Division, and the Commission concur that the classifications and standards for the Big Dry Creek watershed should be reconsidered once Option B is in place.
PARTIES TO THE RULEMAKING HEARING FEBRUARY 13, 1995
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5 CCR 1002-38.45