5 Colo. Code Regs. § 1002-61.60
The provisions of sections 25-8-202(1)(d) and (2) and 25-8-501 to 25-8-504, C.R.S., provide the specific statutory authority for the amendments to this regulation adopted by the Water Quality Control Commission (Commission). The Commission has also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The provisions in Commission Regulation No. 61, 5 CCR 1002-61 (Regulation 61) section 61.17 apply to permits for concentrated animal feeding operations (CAFOs).
In response to a February 28, 2005 Second Circuit Court of Appeals decision in Waterkeeper Alliance et al., v. EPA, 399 F. 3d 486 (2nd Cir. 2005) (Waterkeeper), that vacated the requirement for CAFOs to apply for a National Pollutant Discharge Elimination System (NPDES) permit or otherwise demonstrate no potential to discharge, as well as remanding portions of the CAFO Rule back to EPA for further revision and clarification, the EPA finalized a rule change revising certain compliance dates to allow the agency sufficient time to revise the CAFO Rule to comply with this decision. The February 10, 2006 final rule:
Because EPA is continuing to work on a final rule in response to the Waterkeeper decision, and did not complete the rulemaking prior to the July 31, 2007 deadline set by EPA's February 10, 2006 rule, EPA finalized a second rule change revising all of the above compliance dates from July 31, 2007 to February 27, 2009.
The Commission agrees with the staff recommendation that it is appropriate to revise the deadlines in section 61.17 of Regulation No. 61 to be consistent with the new EPA deadlines.
To this end, the Commission revised certain compliance deadlines according to EPA's July 24, 2007 rule that will be reflected in the Colorado Discharge Permit System general permit for CAFOs.
Scope and Purpose The Commission modified section 61.17 to make clear that section 61.17 contains the revised compliance dates for NMPs and newly defined CAFOs as reflected in EPA's July 24, 2007 rule.
Permit Application Deadlines Sections 61.17 were revised to reflect the new permit application deadline of February 27, 2009, for newly defined CAFOs.
NMP Development and Implementation Deadline The Commission modified section 61.17 and 61.17 to reflect the new deadline of February 27, 2009, which is the revised date by which CAFOs are required to develop and implement NMPs. In addition, the Commission modified section 61.17 to reflect that the deadline for NMP development and implementation for existing source CAFOs is February 27, 2009 or upon the date of permit coverage, whichever is later.
5 CCR 1002-61.60