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F <br />33.44 STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE: <br />JUNE 2008 RULEMAKING• FINAL ACTION AUGUST 11, 2008• EFFECTIVE DATE <br />DECEMBER 31, 2008 <br />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 <br />the specific statutory authority for adoption of these regulatory amendments. The Commission <br />also adopted, in compliance with 24-4-103(4) C.R.S., the following statement of basis and <br />purpose. <br />V. Seneca Coal Company Yampa River Basin <br />The Commission adopted a CS-II temperature standard for Segment 13b. The Commission <br />adopted WS-II temperature standards for Segments 13d and 13e, while recognizing that <br />uncertainty remains due to limited data about temperature and the aquatic community. It is the <br />Commission's intent that the Division, Seneca and other interested parties work to resolve the <br />uncertainty for these segments by the next basin-wide review. (See Section L) <br />The Commission also granted type iii temporary modifications for total recoverable iron set at <br />"existing quality" for Segments 13d and 13e (expiration: 5/31/2011). The uncertainty is based on <br />whether the high ambient levels of iron in these segments are caused by natural or irreversible <br />man-induced causes. It is the intention of the parties to preserve the status quo during the term <br />of the temporary modification, i.e., Seneca will not change its operations so as to adversely affect <br />the quality of its discharges for total recoverable iron. <br />SenecaSBP 08.doc