The provisions of sections 25-8-202(1)(b), 25-8-204; and 25-8-402, C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE:
The Commission's decision to delay consideration of nutrient criteria nine months until March 2012 resulted in revisions to the Division's and Commission's long range work schedule. Because the delay also will affect development of discharger specific variance guidance, the Commission extended the effective date of the variance provisions at 31.7(4) nine months to October 1, 2013. The Commission also extended the repeal date of subsection C of 31.7(3)(a)(ii), nine months to October 1, 2013, This subsection C describes a condition for granting a temporary modification: significant uncertainty regarding the timing of implementing attainable source controls or treatment. Because it is expected that this type of uncertainty will be addressed through the discharger-specific variance provisions, subsection C is scheduled to be repealed on the date the discharger-specific variance provisions become effective.
5 CCR 1002-31.49