5 Colo. Code Regs. § 1002-21.21
This Statement of Basis, Specific Statutory Authority and Purpose is adopted in compliance with Section 24-4-103(4), C.R.S. (1982). The provisions of Sections 24-4-103(4) as amended in 1984; 25-8-202(1) (a), (b), (c), (f), (i) and (2); 25-8-401(2) C.R.S. provide the specific statutory authority for adoption of these regulatory amendments.
These amendments incorporate in the Commission's procedures the recently enacted statutory requirements of Section 24-4-103(4), C.R.S. that statements of basis and purpose and fiscal impact be prepared prior to rather than following rulemaking hearings which had been the practice. This will require the Commission to be specific in its proposals. Once having proposed a regulation, if one is adopted that varies from that which was proposed, parties to the hearing must be afforded an opportunity to comment.
The statutory requirement for triennial review of classification of waters, water quality standards, and control regulations does not specify the manner of such review. Federal regulation requires it to be through public hearing. These amendments provide the triennial review will be through informational hearings and that regional planning agencies will be consulted before making water quality standards and classifications revisions. Responses by regional planning agencies will be voluntary. With the initial stream classification and standard setting in place, requests for changes to them are coming primarily from entities other than the Water Quality Control Division which was the primary developer of the original classifications and standards. These amendments describe the procedure by which the Commission will go to rulemaking on proposals initiated by a permittee which may not be supported by the Division.
The revisions adopted to Sections 2.1.3 and 2.1.4 of the Procedural Regulations will reduce the burden on the Administrator of the Commission to mail prehearing statements to the Commission members.
FISCAL IMPACT STATEMENTS:
These amendments have no fiscal impact beyond that recognized by the General assembly when it adopted their underlying statutory authority.
Amended: April 14, 1986 Effective: May 30, 1986
5 CCR 1002-21.21