5 Colo. Code Regs. § 1002-38.75
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 to determine whether the temporary modification should be modified, eliminated or extended.
Ammonia: Temporary modifications of ammonia standards on 31 segments were reviewed.
Deleted: Ammonia temporary modifications were deleted on the following segments because in most cases permits had recently been reissued for dischargers on the segments. Compliance schedules in the permits are adequate to address any necessary treatment plant upgrade issues. In other cases, no permits now discharge to this segment.
Upper South Platte segments 14, 16c, and 16g
Cherry Creek segment 3
Bear Creek segment 4a
Clear Creek segment 15
Big Thompson River segments 6 and 10
Cache la Poudre River segments 11 and 13b
Modified: The Commission extended the expiration date of the ammonia temporary modification on Middle South Platte segment 1a to 12/31/2014. This segment is immediately downstream of Upper South Platte segment 15. The ammonia temporary modification for segment 15 was set to expire on December 31, 2014 in recognition of wastewater treatment plant upgrades at the Hite Facility that are planned and will not be fully operational until that time. The influence of the Hite Facility's discharge extends into Middle South Platte segment 1a.
No action: The Commission took no action on the ammonia temporary modifications on the following segments. These will expire 12/31/2011 and will be reviewed again in the December 2010 Temporary Modification hearing.
Upper South Platte segments 5c, 10a, 11b, and 16a
Cherry Creek segment 4
Big Dry Creek segments 1 and 3
Boulder Creek segments 7b, 9, and 10
St Vrain Creek segments 3 and 6
Middle South Platte River segment 3a
Big Thompson River segments 5, and 9
Cache la Poudre River segments 12, 13a, and 22
Lower South Platte segments 1 and 2b
Other Parameters: The following temporary modifications were also reviewed and the expiration dates extended to 12/31/2015, to coincide with the next basin review. This should cover the time it takes for EPA to promulgate new criteria and finish implementation guidance. These temporary modifications will be reviewed in 2013 and 2014.
St Vrain Creek segment 6 selenium
Big Thompson River segment 4b selenium
PARTIES TO THE RULEMAKING
5 CCR 1002-38.75