Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-32 - REGULATION NO. 32 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR ARKANSAS RIVER BASIN
Section 5 CCR 1002-32.60 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; DECEMBER 11, 2017 RULEMAKING; FINAL ACTION JANUARY 8, 2018; EFFECTIVE DATE JUNE 30, 2018

Current through Register Vol. 47, No. 5, March 10, 2024

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, 2019 to determine whether the temporary modification should be modified, eliminated, or extended.

No action: The commission took no action on the temporary modifications on the following segments:

Upper Arkansas Segment 8b: temporary modifications of the temperature, cadmium, and zinc standards. The commission took no action on the temporary modification of the temperature standard. This temporary modification was deleted from the table because it expires 12/31/2017. For the temporary modifications of the cadmium and zinc standards (expire 12/31/2018), the commission took no action. Resurrection Mining Company presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Middle Arkansas Segment 4b: temporary modifications of the ammonia, arsenic, boron, cadmium, chlorine, chlorophyll a, chromium III, chromium VI, copper, cyanide, D.O., E. coli, iron, lead, manganese, mercury, molybdenum, nickel, nitrate, nitrite, pH, phosphorus, selenium, silver, sulfide, and zinc standards (expire 12/31/2018). EVRAZ presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Middle Arkansas Segment 6b: temporary modification of the temperature standard (expires 12/31/2018). Public Service Company of Colorado presented evidence that they are making progress on the plan for eliminating the need for the temporary modifications. The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

Lower Arkansas Segment 1a: temporary modifications of the selenium and sulfate standards (expire 12/31/2018). The City of Pueblo is making progress on its plans to seek a discharger specific variance (DSV). The commission made no change to the expiration date as the original time allotment was deemed adequate to resolve the uncertainty.

PARTIES TO THE RULEMAKING HEARING