regulation no. 38
classifications and numeric standards for
south platte river basin, laramie river basin
republican river basin, smoky hill river basin

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38.83	STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 10, 2012 RULEMAKING; FINAL ACTION JANUARY 14, 2013 EFFECTIVE DATE JUNE 30, 2013
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 standards on two 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 compliance schedule to meet a standard that is significantly uncertain).
No action:  The Commission took no action on the temporary modifications on the following segments which are receiving waters for permitted discharges.  These temporary modifications will be reviewed again at the annual temporary modification hearing in December 2013.
Upper South Platte segment 15, Ammonia, expiration date 12/31/2014
Middle South Platte segment 1a, Ammonia, expiration date 12/31/2014.
PARTIES TO THE RULEMAKING HEARING
1.	City of Pueblo
2.	Seneca Coal Company
3.	Tri-State Generation and Transmission Association	
4.	Eagle River Water and Sanitation District
5.	Board of County Commissioners for the County of Gunnison, Colorado
6.	Colorado Parks and Wildlife
7.	High Country Citizens’ Alliance
8.	Bill Thiebaut, DA for 10th Judicial District and the Office of the DA for the 10th Judicial District
9.	City of Colorado Springs
10.	Town of Crested Butte
11.	Upper Gunnison River Water Conservancy District
12.	U.S. Energy Corp.
13.	Gunnison County Stockgrowers Association, Inc.
14.	Environmental Protection Agency
15.	Cherokee Metropolitan District
16.	Fountain Sanitation District
17.	Lower Fountain Metropolitan Sewage Disposal District
18.	Monument Sanitation District
19.	Palmer Lake Sanitation District
20.	Town of Monument
21.	Academy Water and Sanitation District
22.	Tri-Lakes Wastewater Treatment Facility
23.	Town of Palmer Lake
24.	Woodmoor Water and Sanitation District No. 1
25.	Upper Monument Creek Regional Wastewater Treatment Facility