5 Colo. Code Regs. § 1002-61.56
The provisions of 25-8-202(1)(d) and (2), 25-8-401, 25-8-501.2 and 25-8-504, C.R.S., provide the specific statutory authority for the amendments to the 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
The Commission revised subsection 61.8 to provide a consistent approach with Regulation 31 with respect to the requirements for compliance schedules in permits that discharge to waters where a temporary modification has been adopted.
The Commission also revised subsection 61.8 to provide consistency between the provisions of section 31.14 of Regulation No. 31 and the CDPS regulations. Modifications were made to eliminate an inconsistent approach to setting effluent limits in permits for discharges to impaired waters within subsection 61.8 . The Commission also added a provision, parallel to that in subsection 31.7 , which requires the Division to reopen discharge permits within a reasonable time to incorporate wasteload allocations from EPA-approved TMDLs. In this regard, permits should normally be reopened within six to nine months of the adoption of the underlying standard. However, the Commission intends that the Division have flexibility in its interpretation of this provision so that situations, such as where a permit will expire in twelve months, can be taken into account.
In modifying section 61.8 the Commission removed language that referred to nonpoint source loading. Removing this language does not signal a change in policy. The Commission intends that the Division continue with its practice to never require point sources to reduce the concentration of their effluent below the level of the underlying standard, unless it is in the context of an antidegradation-based limit. Point sources are not to be asked to make up for contributions by nonpoint sources by removing additional load.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-61.56