5 Colo. Code Regs. § 1002-61.67
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 Water Quality Control Commission (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 2008, the U.S. Environmental Protection Agency (EPA) revised the federal Concentrated Animal Feeding Operation (CAFO) Rule in response to federal litigation and added a requirement for the terms of the nutrient management plan to be incorporated into the terms of the permit. In August 2011, the Commission adopted revisions to Regulation #61 in response to changes made to the 2008 federal CAFO rule by EPA. After review of the provisions adopted in 2011, the Attorney General's Office concluded that, although required by the permits, the current housed commercial swine feeding operations (HCSFO) regulatory provisions do not require that terms of the nutrient management plans [i.e., swine waste management plan (SWMP)] be incorporated into permits.
In order to ensure that the provisions of Regulation #61 are as stringent as the provisions of the federal CAFO Rule, the Commission adopted revisions in subsection 61.13 requiring that any permit issued to a HCSFO must require compliance with the terms of the HCSFO's site-specific SWMP.
5 CCR 1002-61.67