The provisions of section 25-8-202(1)(d) and 25-8-302; C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose of these amendments.
STATEMENT OF BASIS AND PURPOSE
Section 6.9.2(2)(g) is amended to reflect in regulation the Commission intent for the translation of dissolved water quality standards to potentially dissolved permit conditions using a 1:1 ratio. Though not specifically stated, the translation ratio is found in "The Basic Standards and Methodologies for Surface Water, 3.1.0, (5 CCR 1002-8)" and was introduced to that regulation during the 1987 Revisions. The current amendment also provides in regulation a mechanism for expressing a dissolved water quality standard as the total recoverable fraction of the metal in a permit.Section 6.9.2(13) is added to the regulation to formalize establishment of PQLs for permits. It has been demonstrated that some wastewater effluents possess a matrix of pollutants that can interfere with analytical procedures near the level of detection. This provision therefore allows the permittee an opportunity to demonstrate unique conditions in their discharge that may translate into a PQL for their effluent. Development of a site specific or discharge specific PQL does not alter the applicable standard as set by the Commission but only establishes a level of detection for a specific parameter in a specific effluent. The Division shall develop site specific or discharge specific PQLs utilizing the appropriate methodology. Additionally, the PQLs for organics which had previously been contained in "The Basic Standards and Methodologies for Surface Water, 3.1.0, (5 CCR 1002-8)" and "Basic Standards for Ground Water, 3.11.0 (5 CCR 1002-8)" were deleted from these documents and placed in this regulation. In determination of a PQL utilizing Best Professional Judgement as allowed in section 6.9.2 , the Division is expected to use technically current methodologies and literature and may consult with the PQL review committee. To clarify the need and process for incorporation of PQLs into permits and review of site specific PQLs at permit renewal, sections 6.9.4(1)(d), (e) and (f) have been added.The Commission will expect the list of identified PQLs in section 6.9.2 to be routinely reviewed and proposed changes referred to the Commission for consideration for adoption at a rulemaking hearing. To assist the Division in such a review process, the Commission encourages the use of a committee with a representative of the appropriate interest groups. Such interests at a minimum should include environmental groups, industry, municipal, water purveyors, agriculture and regulatory.
Based upon a review of Federal Register documents Vol. 57, No. 138/Friday, July 17, 1992 (page 31807) and Vol. 56, No. 20/Wednesday, January 30, 1991 (page 3552) both of which relate to the National Primary Drinking Water Regulations, discussion with laboratory staff of the Department and consideration of Table Value Standards for various use classifications for the respective parameters as identified in the Basic Standards and Methodologies for Surface Waters, 3.1.0, several of the PQLs were revised.
Some of the regulations adopted by the Commission are utilized by other agencies in defining requirements for a specific site. An example of such an agency is any of the implementing agencies identified in S.B. 181. In order that other agencies may utilize default PQLs established by the Commission, language has been provided in section 3.1.14 and 3.11.5.C ( 4) which specifically references the PQLs identified in 6.9.2(13) and thus makes the PQLs available for use by the implementing agencies. As implementing agencies have their own set of enabling legislation and regulations, the legal significance of Commission established PQLs must be determined by each individual agency. This condition is no change from that which existed with the previously established Commission PQLs.
PARTIES TO THE JULY 11, 1994 HEARING
1. Sierra Club and Colorado Environmental Coalition2. City of Colorado Springs5. Metro Wastewater Reclamation District, the City of Fort Collins, the Silver Coalition, and the Cyprus Climax Metals Company38 CR 01, January 10, 2015, effective 1/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 17, September 10, 2016, effective 12/31/201639 CR 21, November 10, 2016, effective 12/31/201640 CR 07, April 10, 2017, effective 4/30/201741 CR 23, December 10, 2018, effective 12/30/201843 CR 10, May 25, 2020, effective 6/14/2020