5 Colo. Code Regs. § 1002-38.58
The Commission adopted revisions to Regulation No. 38, Classifications And Numeric Standards South Platte River Basin, Laramie River Basin, Republican River Basin, Smoky Hill River Basin, on February 3, 2001.
The published version of Regulation No. 38 contains a number of typographical errors. The Water Quality Control Division uses the water quality standards in this regulation to calculate Colorado Discharge Permit System permit effluent limits. Where the Division must use the standards containing typographical errors, the permit limitations would be calculated incorrectly. Depending on the individual circumstances, this could lead to discharge of pollutants that might adversely impact public health. In other circumstances, a discharger might be forced to expend additional funds to meet an effluent limitation based on a published standard that contains typographical errors.
If the Commission does not adopt revisions to Regulation 38 on an emergency basis, discharge permits may be issued incorrectly; that would result in an unnecessary adverse impact on the public. The Commission finds that immediate adoption of these revisions to Regulation 38 is imperatively necessary to preserve public health and welfare and that compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest.
5 CCR 1002-38.58