5 Colo. Code Regs. § 1002-61.53
The provisions of 25-8-202(1)(d) and (2), 25-8-401, 25-8-501.1, and 25-8-504, C.R.S., provide the specific statutory authority for the amendments to this regulation adopted by the Commission. The Commission has also adopted, in compliance with 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
On March 10, 2003, the United States Environmental Protection Agency ("EPA") finalized a rule to postpone until March 10, 2005, the permit authorization deadline for National Pollutant Discharge Elimination System ("NPDES") stormwater permits for oil and gas construction activity that disturbs one to five acres of land. See 68 Fed. Reg. 11, 325 (March 10, 2003). EPA postponed the federal rule's permit authorization deadline because of new information regarding (1) the significantly-higher-than-expected numbers of small oil and gas construction sites that will be affected by the rule, (2) the need to evaluate the most appropriate Best Management Practices ("BMPs") for small oil and gas construction sites, and (3) the need to evaluate the costs of implementing BMPs for small oil and gas construction sites. See id. at 11, 327-28. Because of this recent action by EPA, the Commission has determined that a similar amendment to the State stormwater discharge permit regulations (which are derived from the federal regulations) is appropriate. Accordingly, the Commission has postponed until March 10, 2005, the State's stormwater discharge permit application deadlines for small oil and gas construction activities.
PARTIES/MAILING LIST TO THE RULEMAKING HEARING April, 2003
5 CCR 1002-61.53