5 Colo. Code Regs. § 1002-71.14
The provisions of sections 25-8-202 and 25-8-401, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Summit Water Quality Committee and WQCD agreed that the control regulation be amended to include additional definitions and actions related to the current phosphorus trading provisions. The specific amendments are as follows:
A "Reserve Pool" was defined as total phosphorus credits that have not been allocated to any discharger. This term will used in Section 71.4 for obtaining additional phosphorus allocation by permitted dischargers.
The Reserve Pool, as defined in Section 71.2 , has been added to this list and has 66.9 phosphorus pounds assigned for an allocation. Pounds of phosphorus for this category will come from other existing point source allocations listed in Section 71.3 , or from nonpoint sources as described in Section 71.5.
Paragraph (4) was added to provide more flexibility in managing the reservoir water quality. The paragraph describes how new or existing wastewater treatment facilities can obtain additional phosphorus wasteload allocation through phosphorus trading as described in Section 71.5, by utilizing credits in the Reserve Pool, or by acquiring additional phosphorus allocation in a point source to point source trade with another existing point source wasteload allocation described in Section 71.3.
This section was added to include reporting on various aspects of the control regulation including the expansion of the phosphorus trading provisions. This information will be used by the Division to evaluate the effectiveness of the phosphorus controls on Dillon Reservoir and provide it to the Commission.
The Commission determined that the Reserve Pool can be supplied with phosphorus credits from several past projects. These credits can be held in the Reserve Pool by the entity completing the project for their own future use, sold or traded to another entity, or retired. The Phosphorus Trading Guidelines being developed by the Summit Water Quality Committee, the Division, and parties responsible for the phosphorus removal projects will guide how these credits may be utilized in the future. All credits in the Reserve Pool have been calculated based on equations and assumptions in the most recent version of the Lake Dillon Water Quality Model, and all are subject to review and possible modification when the next version of the model becomes available.
The Commission determined that the proposed amendments would not increase the total allowable phosphorus load to Dillon Reservoir, or reduce the protection of designated uses provided by the control regulation. The amendments would provide flexibility to the ongoing phosphorus management strategies to address reservoir water quality.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-71.14