The provisions of sections 25-8-202(1)(b); 25-8-204; 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
During its September 2004 rulemaking, the Commission adopted two standards for 1,4 dioxane -- 6.1 ug/L to be effective through March 21, 2010; and 3.2 ug/L to become effective on March 22, 2010. The dual standard was adopted, in part, due to the uncertainty about the risks posed by 1,4 dioxane and the fact that EPA was in the process of updating the Integrated Risk Information System ("IRIS") database for that compound. At that time, the Commission adopted the 6.1 µg/L value (which had been typically used for remedial activities in Colorado) as a temporary standard in order to maintain the status quo for a period of five years to give EPA time to complete its IRIS update. The Commission determined that if EPA's pending review resulted in a change in the IRIS value, the Commission could consider a corresponding revision of its standards. As of this date, EPA has not completed the IRIS review.
In May 2009, EPA released an updated draft toxicological review on 1,4 dioxane for external peer review. According to the current schedule, final completion of the IRIS update should occur before the end of 2011.
5 CCR 1002-41.26