5 Colo. Code Regs. § 1002-61.66
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
In this rule revision, the Commission removed references to outside materials that raised incorporation by reference concerns under Colorado law, C.R.S. § 24-4-103 (12.5).
On September 20, 2011, the Division met with stakeholders to discuss this rulemaking approach. Consensus was reached on the approach used in today's rulemaking to address concerns related to the technical requirements incorporated by reference. In addition, the Commission notes that this rulemaking does not remove the requirements for new source concentrated animal feeding operations (CAFOs) and housed commercial swine feeding operations (HCSFOs) to perform certain evaluations related to the design and adequacy of impoundment structures, or to follow certain published nutrient management planning guidelines. Instead, applicable CAFOs and HCSFOs can choose from a number of equivalent technical resources and request approval for use by the Division.
Revised Provisions
Subsections 61.13(4)(d)(xvi)(B)(I)(1) and 61.17(6)(b)(iv)(A)(I): The Commission adopted provisions requiring the design of open surface impoundments or tanks and open manure storage structures to use procedures and/or software approved by the Division, such as the most recent version of the USDA - NRCS Animal Waste Management (AWM) software, or equivalent.
Subsections 61.13(4)(d)(xvi)(B)(I)(1) and 61.17(6)(b)(iv)(A)(I): the Commission adopted provisions requiring that the adequacy of the open surface impoundments or tanks and manure storage structures be evaluated using simulations approved by the Division, such as the USDA, NRCS Soil Plaint Air Water (SPAW) Hydrology Tool, or equivalent.
Subsection 61.17(8)(b)(xii)(B)(IV)(5): The Commission adopted provisions requiring that the methods used to prepare recommendations for nitrogen and phosphorus use be approved by the Division, and included examples of methods considered approvable.
5 CCR 1002-61.66