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Rulemaking Hearing Upper Colorado (Reg. 33) and Lower Colorado(Reg. 37) June 9-10, 2014

Rulemaking Hearing Upper Colorado (Reg. 33) and Lower Colorado(Reg. 37) June 9-10, 2014. Climax Molybdenum Company – UCBL13 , 14, 15 and 22. Water Supply. Site - Specific Ag Mo Standard – UCUC08. Acknowledge life-stage issue from 2010 calculation

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Rulemaking Hearing Upper Colorado (Reg. 33) and Lower Colorado(Reg. 37) June 9-10, 2014

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  1. Rulemaking HearingUpper Colorado (Reg. 33) and Lower Colorado(Reg. 37)June 9-10, 2014

  2. Climax Molybdenum Company – UCBL13, 14, 15 and 22 • Water Supply

  3. Site-Specific Ag Mo Standard – UCUC08 • Acknowledge life-stage issue from 2010 calculation • The Division proposes a site-specific molybdenum standard of Mo(ch)=190ug/l • Based on 409 kg lactating cow and appropriate dietary and water intake rates for life stage, body weight and temperature • No compliance issues on UCUC08

  4. Water Intake RatesNational Resource Council - 2000. Nutrient requirements of beef cattle: Seventh revised edition: Update 2000. National Academies Press.

  5. Dietary Intake Rates Oklahoma State University. 2004. Nutrient requirements of beef cattle. E-974. Department of Animal Science. Cooperative Extension Service. Division of Agricultural Sciences and Natural Resources. http://pods.dasnr.okstate.edu/docushare/dsweb/Get/Document-1921/E-974web.pdf

  6. Peabody – UCYA13b-j • Division and Peabody agree that a WS use classification and standards are not appropriate for Dry Creek • Division and Peabody agree that a Warm 1 use classification and WS-II standards are appropriate for Segment 13b • Division and Peabody agree that a revision of the ambient iron standard for Middle Creek should acknowledge seasonal trends

  7. Peabody – Fish-tissue Based Se Stds • Division, CPW and EPA had numerous concerns regarding proposed fish-tissue based selenium standards • Temp mod allows consideration of EPA’s new criteria • Division urges Peabody to consider all appropriate water quality endpoints as it seeks to achieve bond release, permit-termination and ongoing mining at these sites • Division supports temp mod of Se(ch)=“current conditions” for 13b, d, e, g, h and i with an expiration date of 12/31/2018

  8. Peabody – Iron • Temporary Modifications: Upper Dry Creek (13d), Upper Grassy Creek (13i) • Aquatic Life concern is smothering effects of Fe • Pre-filtration approach does not address this concern • Division does not oppose 12/31/2016 expiration date • Regardless of expiration date, Division will propose deletion in July, 2014 based on unsatisfactory plan • “Current conditions” instead of “existing quality” • Remove typo in 33-9 Tables: Fe Temp Mod • Foidel Creek (13b) • TVS for entire reach • TVS only exceeded under special assessment methods (not-adopted) • Division suggests adding assessment locations to include all data (similar to Sage Creek) • No permit limit, monitoring requirements only

  9. Peabody – Ambient Selenium Upper Dry (13h) and lower Grassy Creek (13j) • Peabody analyzedseasonal trends • However, peabodydid not fully address concerns regarding extent of Se sources being natural or irreversible human-induced • Data not adequate to characterize selenium conditions in upper Dry (13h) and lower Grassy Creek (13j)

  10. Peabody 13g • Aquatic Life use • Division agrees that a Warm classification is appropriate • Division would supports adoption of Warm 1 use classification and WS-II temperature standards based on fish and macroinvertebrate data • 6 warmwater fish species, including sensitive RTC • Policy 10-1 Thresholds: Biotype 1 • Attainment = 52 • Impairment = 42 • Capable of MMI = 41 • Fish Creek capable of MMI = 74 (Biotype 1)

  11. Summary of Outstanding Issues Scorecard 33-7 and 37-10

  12. Questions?

  13. Summary of Outstanding Issues Resolved Outstanding Climax/Clinton/DW Peabody Trapper WEG Clinton WRA • Grand Lake • Northern • River District • Upper Blue SD • ERWSD • WEG • TU • Peabody • WRA • Tri-State

  14. Climax Molybdenum Company – UCUC08; UCBL13, 14, 15 and 22 • The Division and EPA disagree with uncertainty factors used by Climax • The Division supports adoption of an underlying standard of Mo=(ch) 210ug/l for UCBL14 with a temp mod of “current conditions” for UCBL13 • Given human-health risk, Exp. date =12/31/16 • Shortest duration temp mod allows for evaluation of new WWTF and for additional studies to be completed

  15. Mo – Water Supply Standards • Recommend adoption of 210ug/l for BL15 to protect beneficial use

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