5 Colo. Code Regs. § 1002-61.33
The Commission held this emergency rulemaking hearing to delete references to two EPA documents and to correct errors in regulatory citations in the originally filed regulation. The affected regulation was amended on November 4, 1991 and was filed within the required timeframes with the Secretary of State's Office and the Office of Legislative Legal Services.
The Office of Legislative Legal Services notified the Commission that the two EPA documents were not correctly incorporated by reference pursuant to the requirements of Section 24-4-102 (12.5) of the State Administrative Procedures Act. The Commission deleted the references to these documents in response to this notification. The Commission also corrected the errors in regulatory citations identified by the Office of Legislative Legal Services.
The Commission finds that the immediate adoption of the revised regulation is necessary for the preservation of public health, safety, or welfare and that compliance with normal notice requirements would be contrary to the public interest. This regulation, if not amended to correct the alleged legal deficiencies raised by the Office of Legislative Legal Services, would be subjected to review by the Legislative Committee on Legal Services to determine whether all or a portion of the rule should be recommended to the full general assembly for rescission. Emergency adoption is necessary to obviate the time and expense of needing to appear before the Legislative Committee unnecessarily, which would likely be required before normal notice requirements could be met.
5 CCR 1002-61.33