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:
In this written comment rulemaking, the Commission corrected errors to the organic chemical standards in the regulation that occurred subsequent to the April 11, 2016 rulemaking. The division proposed changes to fix errors to water+fish and fish ingestion standards for biphenyl, tetrahydrofuran, methanol and trichloroethylene (TCE), and a revision to the trichloroethylene (TCE) water supply standard. During the hearing process for the April 11, 2016 rulemaking, the division withdrew the afore mentioned additions and revisions to the Regulation 31 organic chemical standards due to concerns related to EPA's 2015 update to Human Health Ambient Water Quality Criteria. The final action documents submitted to the Secretary of State inaccurately reflected the commission's decision with respect to biphenyl, tetrahydrofuran, and methanol. At the time of notice for this hearing, there was a belief that the final action documents submitted to the Secretary of State also inaccurately reflected the commission's decision with respect to trichloroethylene (TCE). However, the official version of the regulations accurately reflects the TCE standards. Therefore, the corrections made by the commission in this rulemaking were: deletion of the water+fish and fish ingestion standards for biphenyl, tetrahydrofuran and methanol. No changes were made to the water+fish, fish ingestion and water supply standards for trichloroethylene (TCE).
5 CCR 1002-31.54