5 Colo. Code Regs. § 1002-38.77

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-38.77 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE JULY 2010 RULEMAKING REGARDING TEMPORARY MODIFICATIONS; EFFECTIVE DATE NOVEMBER 30, 2010

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

The Commission has decided to delay the basin-wide review of water quality classifications and standards for this basin until June 2015, to accommodate an issue-specific rulemaking for nutrient criteria in June 2011. Consistent with that decision, the expiration dates of the temporary modifications on the following segments that are currently scheduled to expire on 12/31/2014 are extended to 12/31/2015. These will be reviewed again in a Temporary Modification hearing prior to the June 2015 basin-wide hearing.

Upper South Platte

10a (Cu only), 14(Cu & T only), 15(Cu & T only), 16a(Se & Cu), 16g

Bear Creek

1c

Clear Creek

2a, 2c, 9a, 11, 13b, 14a, 14b, 15

Boulder Creek

8, 9(Cu only)

St. Vrain

2b

Middle South Platte

Se only:1a, 4

Big Thompson

2, 5(Se only), 9(Se only)

Cache La Poudre

Se only: 11, 12, 13b

Lower South Platte

Se only: 1.

The Commission would like to emphasize that its intent and expectation is that the issues that necessitated adoption of these temporary modification should be resolved as soon as possible and in a manner that takes full advantage of the opportunities provided by the December 2013 review of temporary modifications. The Commission recognizes that it is important to resolve uncertainty regarding the underlying standards so that temporary modifications can be eliminated and any needed pollution controls can be put in place in a timely manner.

PARTIES TO THE RULEMAKING HEARING

1. Town of Avon
2. City of Black Hawk and Black Hawk/Central City Sanitation District
3. Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District
4. City of La Junta
5. XTO Energy, Inc.
6. City of Pueblo
7. City of Colorado Springs and Colorado Springs Utilities
8. U.S. Environmental Protection Agency

5 CCR 1002-38.77

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