5 Colo. Code Regs. § 1002-38.96
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 corrections to Regulation No. 38. Several errors have been identified which do not reflect the commission's intended decisions from recent hearings.
The commission made corrections to the standards applied to Upper South Platte Segment 16i. This segment currently has Agriculture, Aquatic Life Warm 2, and Recreation E uses, and a Fish Ingestion Standards qualifier. However, several Water Supply standards (cadmium, chromium III, lead, and nickel) were erroneously assigned to this segment. Because this segment does not have a Water Supply use, the commission deleted the Water Supply-based standards for cadmium, chromium III, lead, and nickel, and retained the standards to protect Aquatic Life and Agriculture uses. The commission also corrected the chronic arsenic standard. Because this segment has a Fish Ingestion Standards qualifier, the commission replaced the existing Agriculture-based chronic arsenic standard of 100(T) µg/L with the Fish Ingestion-based chronic standard of 7.6(T) µg/L.
The commission made a correction to the qualifiers on Upper South Platte Segment 22a. The commission replaced the "Fish Ingestion Standards" qualifier with the "Water + Fish Standards" qualifier because this segment has a Water Supply use.
The commission made a correction to the standards applied to Clear Creek Segment 3b. The acute arsenic standard of 50(T) µg/L was intended to be deleted during the 2015 Regulation No. 38 hearing, but was erroneously retained. The commission deleted the acute arsenic standard of 50(T) µg/L and retained the arsenic standards to protect the Aquatic Life and Water Supply uses.
The commission made a correction to the description of Clear Creek Segment 6. This segment included an exception for Segment 7; this was replaced with Segment 7a.
The commission made a correction to the description of Clear Creek Segment 21. This segment included an exception for Segment 7; this was replaced with Segment 7b.
5 CCR 1002-38.96