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 1002-33.49 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 10, 2012 RULEMAKING; FINAL ACTION JANUARY 14, 2013 EFFECTIVE DATE JUNE 30, 2013

Current through Register Vol. 47, No. 17, September 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, 2014, to determine whether the temporary modification should be modified, eliminated or extended.

Temporary modifications of 3 standards on 3 segments were reviewed. The Basic Standards Statement of Basis for the 2010 hearing records the Commission's intent regarding temporary modifications. (see 31.48 at I.A)

Since temporary modifications have no impact on other aspects of Colorado's water quality management program such as the 303(d) list, the Non-point Source Program or the Total Maximum Daily Load (TMDL) Program, it is fitting that temporary modifications only be used where there are permitted discharges that would face unreasonable consequences in the absence of a temporary modification (e.g., a permit).

The Commission took no action on the temporary modifications on the following segments which are receiving waters for permitted discharges. These temporary modifications will expire 12/31/2013.

Eagle River segments 8 and 9a

Grassy Creek, Yampa River segment 13e: Seneca Coal Company proposed extending the temporary modification for iron for Grassy Creek. The Commission considered Seneca's plan to eliminate the need for the temporary modification. Seneca Coal is working to resolve uncertainty and is on schedule to address this segment at the regularly scheduled Basin hearing (June 2014). The Commission extended the expiration date to 12/31/2014, to coincide with the next basin review.

PARTIES TO THE RULEMAKING HEARING