Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-33 - REGULATION NO. 33 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR UPPER COLORADO RIVER BASIN AND NORTH PLATTE RIVER (PLANNING REGION 12)
Section 5 CCR 1002-33.15 - BASIS AND PURPOSE SEGMENT 13, YAMPA RIVER
Current through Register Vol. 47, No. 17, September 10, 2024
The proponent stated that its discharge permit requires that sampling be on a total metals basis whereas compliance is based on a total recoverable standard. The proponent believed that such a situation creates a "double standard" that poses an unnecessary and unreasonable burden.
The proponent requested the standards for manganese and copper be changed to reflect ambient water quality in segment 13. The data supporting this request were collected from undisturbed sites adjacent to the proponents mine area. On sites that have been disturbed by mining subsequent to site installation, only data collected in the natural state were used. Since the tributaries of Fish Creek, Foidel Creek, and Middle Creek drain the proponents mine properties, preference was given to data from these tributaries in the calculation of a revised standard.
The proponent contended in its petition for (207) review that:
1. New evidence indicates that concentrations of copper and dissolved manganese in the ambient streamflow exceed the current stream standards in Segment 13;
2. Ambient stream water quality should provide the basis for the standards in Segment 13. In that Segment, the classified uses presently exist despite the fact that ambient conditions reflect lower water quality than the standards or the "tables" appended to the basic regulations. Further, metals present in the water samples may be tied up in suspended solids when water is present in the stream. In this form, they are not "available" to fish and may not be detrimental to aquatic life. See CDOH, Water Quality Standards and Stream Classification, 5 CCR-1002-8, Section 3.3.7(5)(f) and (g);
3. There exists a clear and present potential for inequity or unreasonable economic impact because ambient water quality exceeds the current standards.
4. The existing standards materially affect the proponents present decision making, regarding treatment alternatives and requirements;
5. There exist evident errors in the standards which the Commission should rectify before its three-year periodic review; and
6. Segment 13 may require more attention than it likely would receive during the triennial review of the entire basin.
FISCAL IMPACT STATEMENT:
Introduction
This assessment of economic impacts addresses the concerns associated with modification of the present stream standards to more practically reflect the ambient standards of the receiving stream. Colorado Yampa Coal Company (CYCC) believes that the present effluent limitations, based on stream standards, should be modified in accordance with the ambient conditions of the receiving stream. CYCC has initiated monitoring programs to determine ambient conditions of the receiving stream. Data from the monitoring program will be utilized to evaluate and perform alternative treatability studies, if such studies are necessary to meet the ambient effluents limitation standards.
Costs
No costs are anticipated to be necessary since the petition only requests that the present stream standard limitations be modified to reflect ambient conditions of the receiving stream.
If alternative treatment and disposal methods are ultimately required to comply with ambient stream standards, costs associated with the development, operation, and maintenance of the alternative treatment and disposal methods would be born by the consumer as pass-through costs. Where pass-through costs are not appropriate, it is assumed that the company would carry the financial burden as operations and/or in maintenance costs.
SEGMENT 13, YAMPA RIVER
Benefits
Approval of the petition would benefit the State of Colorado, the electrical consumer, the citizens of Routt County, and Colorado Yampa Coal Company (CYCC). The State of Colorado would benefit by relieving the Department of Health, Water Quality Control Division (DOH, WQCD) of enforcement responsibilities of certain stream standards which presently may exceed ambient conditions of the receiving stream, while ensuring that the receiving stream quality is not negatively impacted by the mining operation. The electrical consumer would benefit due to the most practical production of coal to generate electricity in an environmentally sound manner. The citizens of Routt County would benefit by the approval of this petition by maintaining direct and indirect employment opportunities for the local population associated with CYCC, attributable to the CYCC operations. CYCC will benefit from the approval of this petition by being able to mitigate potential environmental degradation, due to its mining operations, in the most practicable manner.
Conclusions
Considering the cost/benefit analysis above, it is evident that the benefit derived from the approval of this petition are vast and far-reaching in both number of people and areas of the country. It is also evident that this petition, when approved, would not, in any way, reduce the ambient receiving stream quality and as such would have no potential for environmental degradation.
