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Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00180

CCR details

Tracking Number 2016-00180
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1002 Water Quality Control Commission (1002 Series)
CCR Number 5 CCR 1002-93

Proposed rule

Notice Filed with SOS 04/12/2016
Rule ProposedRuleAttach2016-00180.pdf
Statutory Authority sections 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402, C.R.S.
Applicable Federal Provisions section 303(d) of the federal Clean Water Act
Description of Subjects/Issues Proposed revisions to Segment COUCNP04a (Sand Creek) in Regulation #93 would move this segment from the Monitoring and Evaluation List for sediment to the Section 303(D) List for sediment.
Purpose/Objective of Rule This regulation establishes Colorado’s Lists of Impaired Waters. These waters include Water-Quality-Limited Segments Requiring Total Maximum Daily Loads (“TMDLs”), impaired waters that do not require a TMDL, and Colorado’s Monitoring and Evaluation List: (1) The list of Water-Quality-Limited Segments Requiring TMDLs fulfills requirements of section 303(d) of the federal Clean Water Act which requires that states submit to the U.S. Environmental Protection Agency a list of those waters for which technology-based effluent limitations and other required controls are not stringent enough to implement water quality standards. These segments are included in Section 93.3 with parameters included in the Clean Water Section 303(d) Impairment column. (2) Colorado’s Monitoring and Evaluation List identifies water bodies where there is reason to suspect water quality problems, but there is also uncertainty regarding one or more factors, such as the representative nature of the data. Water bodies that are impaired, but it is unclear whether the cause of impairment is attributable to pollutants as opposed to pollution, are also placed on the Monitoring and Evaluation List. This Monitoring and Evaluation list is a state-only document that is not subject to EPA approval. These segments are included in Section 93.3 with parameters included in the Colorado’s Monitoring and Evaluation column. (3) The list of Water-Quality-Limited Segments Not Requiring a TMDL identifies segments where data is available that indicates that at least one classified use is not being supported, but a TMDL is not needed. These segments and parameters are included in Section 93.4.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 08/08/2016
Hearing Time 09:00 AM
Hearing Location Sabin Conference Room, CDPHE, 4300 Cherry Creek Drive South, Denver, CO 80246
Contact Name Aimee Konowal
Contact Title Section Manager
Contact Telephone 303-692-3530
Contact email aimee.konowal@state.co.us

Adopted rule

Adopted Rules AdoptedRules22016-00180.doc
Redline Redline2016-00180.doc
Adopted Date 10/11/2016
AGO requested date 10/19/2016
Attorney General Opinion 10/20/2016
Colorado Register publication date 11/10/2016
Effective Date 11/30/2016
Inserted into CCR 11/14/2016