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 1002-38.31 - FINDINGS REGARDING BASIS FOR TEMPORARY RULE ADOPTED JULY 11, 1989
Current through Register Vol. 47, No. 5, March 10, 2024
The Commission adopted revised classifications and water quality standards for all tributaries to Standley Lake and Great Western Reservoir, on a temporary basis. These classifications and standards are effective immediately and will remain in effect until March 30, 1990, unless permanent standards are adopted at an earlier date. The Commission is scheduling a rulemaking hearing for December, 1989 to consider permanent adoption.
This action creates a new segment for tributaries to Great Western Reservoir and Standley Lake in northern Jefferson County, which encompasses Walnut Creek and Woman Creek, the two streams which drain the Rocky Flats Plant. Heretofore, these tributaries were included in the general classification of Big Dry Creek Segment 1, which does not include the water supply classification, and which contains only dissolved oxygen, pH, and fecal coliforms as standards. Recent attention to the drainage of Walnut Creek and Woman Creek into the Great Western Reservoir and Standley Lake, both of which are actually used as public water supplies, has heightened the need to protect all waters entering the reservoirs via the adoption of the water supply classification and associated standards.
Immediate adoption of these rules on a temporary basis is imperatively necessary to preserve the public health, safety and welfare by insuring that the appropriate water quality standards are incorporated into federal permits for the Rocky Flats Plant and that water supply standards are met at the point of discharge. This in turn will provide an extra layer of protection of downstream water supplies from the two reservoirs, each of which are already classified as domestic water supplies.
The United States Environmental Protection Agency is currently in the process of renewing its NPDES discharge permit for the Rocky Flats Plant. EPA intends to issue the permit for public comment by October 1, 1989. Appropriate standards would not be effective by October 1 if the procedures set forth in section 25-8-402(1), C.R.S. were followed. These standards thus would not become a part of the federal permit. Immediate adoption of these rules pursuant to section 24-4-103(6), C.R.S. is in the public interest and will insure that the appropriate classifications and standards become a part of the federal permitting process.
The numeric standards adopted include:
(1) D.O., pH and fecal coliform standards from Table I of the Basic Standards and Methodologies for Surface Water;
(2) Standards to protect agriculture and domestic water supply uses, for physical and biological, inorganic and metals parameters from Tables I, II and III of the Basic Standards and Methodologies for Surface Water;
(3) Drinking water supply standards for carcinogenic and non-carcinogenic organic chemicals (Tables A and B);
(4) Additional standards for organic chemicals based on EPA Gold Book fish and water ingestion criteria (Table C); and
(5) Standards for several radionuclides not included in the list of statewide standards contained in section 3.1.11 of the Basic Standards and Methodologies for Surface Water (Table D).
For the organic pollutants contained in Tables A and B, the practical quantitation limits (PQLs) listed as "detection levels" are to be used as the compliance thresholds. For any organic pollutants listed in Table C that do not appear in Tables A or B, the Commission intends that these standards be applied in accordance with PQLs determined appropriate by the Colorado Department of Health laboratory.
PARTIES TO THE PROCEEDINGS
