COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 
WATER QUALITY CONTROL COMMISSION 
5 CCR 1002-32 
REGULATION NO. 32 
CLASSIFICATIONS AND NUMERIC STANDARDS 
FOR 
ARKANSAS RIVER BASIN
. . . .
32.43	STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE:  DECEMBER 2008 RULEMAKING REGARDING TEMPORARY MODIFICATIONS; FINAL ACTION FEBRURY 9, 2009; EFFECTIVE MARCH 30, 2009
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 section 31.7(3)), the Commission reviewed the status of temporary modifications to determine whether the temporary modification should be modified, eliminated or extended.
Since there are no known permitted dischargers that have problems meeting lead limits, the Commission deleted the temporary modification, thereby allowing the underlying standards to go into effect for the following segment:
Fountain Creek segment 3a: temporary modification for lead.
Tri-Lakes Wastewater Treatment Facility and Security Sanitation District are making progress on developing copper translators and evaluating use of the biotic ligand model for site-specific standards, but need more time, especially to assure incorporation into individual discharge permits.  The Commission extended the temporary modifications for the following segments, with new expiration dates of 12/31/2010:
Fountain Creek segment 2a: type iii temporary modifications for copper (Cu(ac/ch) = current condition)
Fountain Creek segment 6: type iii temporary modifications for copper (Cu(ac/ch) = current condition). 
The City of La Junta reported on its progress in determining whether protective levels can feasibly be attained in the effluent of La Junta's wastewater treatment plant.  There is continued uncertainty regarding feasible treatment options in addition to expecting the new EPA criteria in the late spring of 2010.   The Commission extended the following temporary modification to 12/31/2012, to coincide with the next Arkansas Basin review.
Lower Arkansas segment 1b: type iii temporary modification for selenium (Se(ac/ch) = current condition).
PARTIES TO THE RULEMAKING
1.	Upper Clear Creek Watershed Association
2.	City of Aurora
3.	Suncor Energy (USA)
4.	Tri-Lakes Wastewater Treatment Facility; Upper Monument Creek Regional Wastewater Treatment Facility; Security Sanitation District; and Fountain Sanitation District
5.	Hazardous Materials and Waste Management Division and the U.S. Environmental Protection Agency’s Superfund Remediation Programs
6.	Colorado Division of Wildlife
7.	City of Boulder
8.	U.S. Department of Energy, Office of Legacy Management
9.	City of Black Hawk and Black Hawk/Central City Sanitation District
10.	City of La Junta
11.	City of Fort Collins
12.	Colorado Trout Unlimited
13.	U.S. EPA
14.	City of Colorado Springs and Colorado Springs Utilities