The provisions of sections 29-5-104(1)(a) and 25-9-104(3), C.R.S., provide the specific regulatory authority for the adoption of this regulatory provision. The Board also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
In order to maintain enforcement primacy under the Safe Drinking Water Act, the State needs to approve parties who are qualified to make and to assure the quality of certain analyses required by the Environmental Protection Agency (EPA). Most of the required analyses are already made by certified operators of water treatment facilities and water distribution systems. Rather than develop a new certification program to approve parties under the EPA rules, the Board has decided to incorporate the EPA requirements into the existing operators certification program.
Beginning with the Fall 2002 examinations, the Board will expand the coverage of the certification examinations to cover the analyses required by EPA. Because the content of certification examinations is reserved by statute and regulation to the Board, the inclusion of the EPA-required analyses in the certification examinations will not require a regulatory change. However, operators who are already certified will need to acquire training in the EPA requirements. To assure that currently certified operators receive training in the EPA analysis and quality assurance requirements, an ongoing training requirement, to be completed within three years of the start of the Fall 2002 examination cycle, is hereby established.
5 CCR 1003-2-100.38