Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1002 - Water Quality Control Commission (1002 Series)
Rule 5 CCR 1002-38 - REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN
Section 5 CCR 1002-38.49 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (West Fork of Clear Creek and Woods Creek, Segments 5 and 7 of Clear Creek, July, 1996)

5 Colo. Code Regs. § 1002-38.49

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-38.49 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (West Fork of Clear Creek and Woods Creek, Segments 5 and 7 of Clear Creek, July, 1996)

The provisions of 25-8-202(1)(b), (2); 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

The Commission adopted temporary modifications for Cd, Mn, Zn and Ra as a result of the November 2, 1992 hearing. These temporary modifications expire on March 31, 1997. The need for temporary modifications for cadmium and zinc no longer exist. Therefore they are deleted and underlying table values are in effect. The need for radium temporary modification continues to exist for the same reasons set forth in the Basis and Purpose statement that accompanied the November 2, 1992 rulemaking. At this time a statewide radionuclide hearing is scheduled for July, 1997. This hearing may resolve the radium issue in this segment.

The site-specific manganese standard is based on a toxicity study commissioned by Climax. This study established a hardness based relationship for manganese toxicity on brown trout. Therefore, the table value based standard of 1000 ug/l is deleted and the hardness based equation is added. Due to the seasonal variation in hardness in Woods Creek and the West Fork of Clear Creek, the Commission intends that the hardness based equation for manganese to be applied on a seasonal basis in implementing the standard. Climax has committed to maintain the treatment levels for manganese it has achieved in the three years prior to this hearing. In the event that ambient stream levels of manganese exceed levels achieved in 1994 - 1996, the Commission may reconsider the manganese standard adopted herein. The Commission is aware that the Division of Wildlife may develop additional toxicity information on manganese in the future. Such information may provide a basis for reconsideration of the site-specific standard for manganese adopted by the Commission in this rulemaking.

PARTIES TO THE PUBLIC RULEMAKING HEARING JULY 8, 1996

1. Climax Molybdenum Company
2. State of Colorado, Division of Wildlife
3. City of Westminster
4. U.S. EPA Region VIII
5. City of Golden

5 CCR 1002-38.49

38 CR 03, February 10, 2015, effective 6/30/2015
38 CR 17, September 10, 2015, effective 12/31/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 23, December 25, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 09, May 10, 2017, effective 6/30/2017
41 CR 01, January 10, 2018, effective 1/31/2018
41 CR 03, February 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
43 CR 17, September 10, 2020, effective 12/31/2020
44 CR 01, January 10, 2021, effective 2/14/2021
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
45 CR 21, November 10, 2022, effective 11/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023