5 Colo. Code Regs. § 1002-38.95
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
In this hearing, the commission made several corrections to Regulation 38. Several errors have been identified which do not reflect the commission's intended decisions from recent hearings.
The commission made a correction to the discharger specific variance for selenium on Upper South Platte Segment 16i that was originally adopted on October 11, 2016. The variance is expressed as a hybrid standard, with the first number as the underlying standard previously adopted by the commission for the segment. The underlying chronic selenium standard for this portion of Segment 16i is 9.0 µg/L (see 38.6(4)(f) for site-specific standards and assessment locations). Therefore, the first number in the variance should be 9.0 µg/L.
The commission deleted the arsenic temporary modification from Clear Creek Segment 14a and adopted an arsenic temporary modification on Clear Creek Segment 14b. When the commission took preliminary final action on changes from the June 2015 Regulation 38 rulemaking hearing, the commission decided not to adopt the proposed arsenic temporary modification on Clear Creek Segment 14a. During the formation of final action documents, the arsenic temporary modification was inadvertently removed from Clear Creek Segment 14b instead of Clear Creek 14a.
The commission corrected the antidegradation designation for Big Thompson River Segment 2. During the June 2015 Regulation 38 rulemaking hearing, the antidegradation designation was inadvertently changed from reviewable to use protected. Because this change was in error and data are available to show waters in this segment are high quality, the commission has removed the used protected designation and reapplied the reviewable designation to Big Thompson River Segment 2.
5 CCR 1002-38.95