5 Colo. Code Regs. § 1002-11.59

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-11.59 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: November 13, 2018 Decision; Effective Date December 30, 2018

The following section was affected by this rulemaking hearing: 11.2(6) - Materials Incorporated by Reference. The provisions of the Colorado Revised Statutes (CRS), section 25-1.5-202, provide specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4), CRS, the following statement of basis and purpose.

BASIS AND PURPOSE

The Commission made changes to section 11.2 (Materials Incorporated by Reference) in order to comply with section 24-4-103 (12.5) (a)(IV), C.R.S. of the Colorado Administrative Procedure Act, which requires a statement explaining where copies of the federal code incorporated by reference are available from the agency of the United States originally issuing the code.

Regulation 11 incorporates by reference requirements promulgated by the U.S. Environmental Protection Agency in the Code of Federal Regulations. Therefore to comply with § 24-4-103 (12.5)(a)(IV), C.R.S., the Commission added an entirely new paragraph in section 11.2 , providing that: "The requirements promulgated by the U.S. Environmental Protection Agency incorporated by reference are available at no cost in the online edition of Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov. The Commission also made related changes to the original paragraph in 11.2(6)(b) for purposes of clarifying where to find the other materials incorporated by reference.

5 CCR 1002-11.59

38 CR 07, April 10, 2015, effective 4/30/2015
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 23, December 10, 2018, effective 12/30/2018
43 CR 07, April 10, 2020, effective 4/30/2020
43 CR 17, September 10, 2020, effective 9/30/2020
45 CR 24, December 25, 2022, effective 1/14/2023