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 1002-38.75 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 2009 RULEMAKING REGARDING TEMPORARY MODIFICATIONS; FINAL ACTION FEBRUARY 8, 2010; EFFECTIVE DATE JUNE 30, 2010

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

Ammonia: Temporary modifications of ammonia standards on 31 segments were reviewed.

Deleted: Ammonia temporary modifications were deleted on the following segments because in most cases permits had recently been reissued for dischargers on the segments. Compliance schedules in the permits are adequate to address any necessary treatment plant upgrade issues. In other cases, no permits now discharge to this segment.

Upper South Platte segments 14, 16c, and 16g

Cherry Creek segment 3

Bear Creek segment 4a

Clear Creek segment 15

Big Thompson River segments 6 and 10

Cache la Poudre River segments 11 and 13b

Modified: The Commission extended the expiration date of the ammonia temporary modification on Middle South Platte segment 1a to 12/31/2014. This segment is immediately downstream of Upper South Platte segment 15. The ammonia temporary modification for segment 15 was set to expire on December 31, 2014 in recognition of wastewater treatment plant upgrades at the Hite Facility that are planned and will not be fully operational until that time. The influence of the Hite Facility's discharge extends into Middle South Platte segment 1a.

No action: The Commission took no action on the ammonia temporary modifications on the following segments. These will expire 12/31/2011 and will be reviewed again in the December 2010 Temporary Modification hearing.

Upper South Platte segments 5c, 10a, 11b, and 16a

Cherry Creek segment 4

Big Dry Creek segments 1 and 3

Boulder Creek segments 7b, 9, and 10

St Vrain Creek segments 3 and 6

Middle South Platte River segment 3a

Big Thompson River segments 5, and 9

Cache la Poudre River segments 12, 13a, and 22

Lower South Platte segments 1 and 2b

Other Parameters: The following temporary modifications were also reviewed and the expiration dates extended to 12/31/2015, to coincide with the next basin review. This should cover the time it takes for EPA to promulgate new criteria and finish implementation guidance. These temporary modifications will be reviewed in 2013 and 2014.

St Vrain Creek segment 6 selenium

Big Thompson River segment 4b selenium

PARTIES TO THE RULEMAKING