33.35	STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE DECEMBER 2006 RULEMAKING REGARDING TEMPORARY MODIFICATIONS, EFFECTIVE MARCH 4, 2007
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
The Commission recently restructured section 31.7(4) and established an annual rulemaking hearing to review temporary modifications (regardless of the basis) that are due to expire in the two years following the rulemaking hearing.  In this hearing, the Commission considered evidence as discussed in subsections 31.7(3) (b) and (c) to determine whether the temporary modification should be modified, eliminated or extended.
The Commission deleted the temporary modifications for the following segments thereby allowing the underlying standards to go into effect:
Blue River segment 7:  no Cd(ac), Cd(ch)=5.2, Cu(ch)=79, Pb(ch)=6.7, no Zn(ac), Zn(ch)=1,380
Blue River segment 12:  Zn(ch) 850
Upper Yampa segment 13d:  Se(ac/ch) 60
Because parties are working to resolve uncertainty and are on schedule to address these segments at the regularly scheduled basin-wide rulemaking (June 2008), the Commission took no action on the temporary modifications for the following segments, leaving their expiration dates unchanged.
Blue River segment 6:  Cd(ch)=2.3, Cu(ch)=17, no Zn(ac), Zn(ch)=654
Eagle River segment 5a:  seasonal temporary modification for zinc
Eagle River segment 5b:  seasonal temporary modification for zinc
Eagle River segment 5c:  seasonal temporary modification for zinc
Eagle River segment 7b:  seasonal temporary modification for zinc
PARTIES TO THE RULEMAKING HEARING
1.	Trapper Mining Inc.
2.	The City of Grand Junction
3.	Corrections Corporation of America
4.	Keystone Resort
5.	U.S. EPA Region VII
6.	The City of Black Hawk and the Black Hawk/Central City Sanitation District
7.	The City of Colorado Springs
8.	Information Network for Responsible Mining
9.	Seneca Coal Company