5 Colo. Code Regs. § 1002-38.83
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 scheduled to expire before December 31, 2014, to determine whether the temporary modification should be modified, eliminated or extended.
Temporary modifications standards on two segments were reviewed. The Basic Standards Statement of Basis for the 2010 hearing records the Commission's intent regarding temporary modifications. (see 31.48 at I.A)
Since temporary modifications have no impact on other aspects of Colorado's water quality management program such as the 303(d) list, the Non-point Source Program or the Total Maximum Daily Load (TMDL) Program, it is fitting that temporary modifications only be used where there are permitted discharges that would face unreasonable consequences in the absence of a temporary modification (e.g., a permit compliance schedule to meet a standard that is significantly uncertain).
No action: The Commission took no action on the temporary modifications on the following segments which are receiving waters for permitted discharges. These temporary modifications will be reviewed again at the annual temporary modification hearing in December 2013.
Upper South Platte segment 15, Ammonia, expiration date 12/31/2014 Middle South Platte segment 1a, Ammonia, expiration date 12/31/2014.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-38.83