Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-38 - REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN
Section 5 CCR 1002-38.16 - STATEMENT OF BASIS AND PURPOSE REGARDING THE ADOPTION OF MINOR CORRECTIONS AND CLARIFICATIONS FOR THE BASIC STANDARDS AND METHODOLOGIES AND CORRECTIONS TO THE NUMERIC STANDARDS FOR THE SAN JUAN AND DOLORES, GUNNISON, AND LOWER DOLORES, RIO GRANDE, AND THE SOUTH PLATTE RIVER BASINS

Current through Register Vol. 47, No. 17, September 10, 2024

BASIS AND PURPOSE:

In accordance with the requirements of 24 4 103(4), C.R.S. 1973, the Commission makes these findings and adopts this Statement of Basis and Purpose. The Commission, at a public rulemaking hearing November 14, 1983, and December 12, 1983, adopted minor and editorial corrections to clarify the Commission's current regulations numbered respectively 3.1.0, 3.4.0, 3.5.0, 3.6.0, and 3.8.0. These regulations are contained in Article 3, Water Quality Standards and Classifications, of the Policies, Regulations, and Guidelines of the Water Quality Control Commission. (5 CCR 1002 8)

In adopting these corrections and clarifications, the Commission considered the economic reasonableness of its action. The scientific or technological rationale of the Commission in justifying the changes to its rules was that it made the classifications and standards which it had previously assigned more technically correct and accurate.

The consolidated changes adopted by the Commission are provided with this Basis and Purpose. The Secretary of State is being provided corrected pages for each of the regulations as replacements for pages previously published in those regulations.

An issue raised during the hearing, was whether or not the table of organic parameters should be moved from the Appendix to the text. The Commission included standards for organic parameters in the regulations it adopted for each of the River Basins of the State. Thus, standards for organic parameters were applicable Statewide, prior to the hearing to consider the changes to which this Statement of Basis and Purpose is applicable. This has had the same effect as would have a basic standard applicable to all waters of the State.

The Commission finds that it would be easier to make changes to one document, the Basic Standards and Methodologies, as future scientific information necessitates, than to make such changes in each basin. Thus it is more economically reasonable to deal with the organic substances in one regulatory document, rather than many. There was testimony that it was confusing to have the table of organic parameters as criteria guidance subject to change on a stream by stream basis when the parameters had been assigned and were not merely to provide guidance. It was testified that it would be less confusing to have the table in the text of the regulation to provide basic standards.

The City of Loveland testified that if the table in question were moved to the regulatory text there was the possibility of a basin standard differing from the general standard. The Commission found that its regulations enabled it to set site specific standards to stream segments as an exception to the basic standard, and that for the parameters in this table it was unlikely to have different basin standards.

The organic parameters in the table are not substances that form a naturally occurring background. They are toxics controlled at the point of sale or use. They are not ambient and subject to the same treatment as are other naturally occurring parameters. The Commission found it inappropriate to regulate these organic constitutents in the same manner as are those that can be ambient or uncontrollable background parameters. Therefore, the Commission changed the guideline table to a basic standard in the body of the regulation.

FISCAL IMPACT STATEMENT

Regarding the Adoption of Minor Corrections and Clarifications for the Basic Regulations and Corrections to the Numeric Standards for the San Juan and Dolores, Gunnison and Lower Dolores, Rio Grande, and the South Platte River Basins.

In accordance with section 24 4 103(8)(d) the Commission finds that the corrections and clarifications to its current regulations numbered respectively, 3.1.0, 3.4.0, 3.5.0, 3.6.0, and 3.8.0, have no quantifiable fiscal impact, although it is expected that these regulations will be more readily usable by the regulated industries and the general public.

PARTIES TO PROCEEDINGS