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's decision to delay consideration of nutrient criteria until March 2012, resulted in cancelation of the December 2011 review of temporary modifications. Accordingly, the Commission considered the expiration dates of temporary modifications expiring on or before December 31, 2012 in a written comment rulemaking. The following temporary modifications were deleted because they will have expired as of the effective date of this revision:
Upper So Platte segments 5c, 10a, 11b, and 16a (NH3)
Cherry Creek segment 4 (NH3)
Boulder Creek segments 7b, 9, and 10 (NH3)
St Vrain Creek segments 3 and 6 (NH3)
Middle So Platte segment 3a (NH3)
Big Thompson River segments 5 and 9 (NH3)
Cache la Poudre River segment 12, 13a, and 22 (NH3)
Lower So Platte River segments 1 and 2b (NH3)
Big Dry Creek segment 5: The Commission deleted Table 3 because the temporary modifications expired on January 1, 2010. The temporary modification for nitrate and nitrite had been applied to the Walnut Creek portion of segment 5. The temporary modifications for benzene, carbon tetrachloride, 1,2-dichloroethane, 1,1-dichloroethene, tetrachloroethylene, and trichloroethylene were applied to all of segment 5. All other organic and radiologic parameters are covered by the Basic Standards.
The Commission also modified the standards table to remove reference to Table 3 and to remove the words "Goal qualifier for all use classifications, expires 12/31/09".
5 CCR 1002-38.80