5 Colo. Code Regs. § 1002-61.69
The provisions of sections 25-8-202(1)(d)(1) 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
As part of the hearing on Regulation #31, the Basic Standards and Methodologies for Surface Water, the commission made substantial changes to section 31.14 , "Implementation in Discharge Permits." The commission determined that it was appropriate to make four conforming changes to Regulation #61.
First, the cross reference to 31.14 contained in 61.8(1)(e) was eliminated since 31.14(15) is being deleted. While the provision formerly contained at section 31.14(15) is being moved to 31.9 the commission found that a cross reference was unnecessary.
Second, the statements contained in the former section 31.14 regarding how effluents limits are to be derived was moved to 61.8(2)(b)(i)(F)(I) to replace and eliminate the need for a cross-reference. The commission continues to find that in circumstances where the division establishes effluent limits in accordance with 61.8(2)(b)(i)(F)(I), that upon the request of any interested person, the Commission may hold a rulemaking hearing to consider the adoption of a numerical standard, which would then be binding.
Third, a cross reference contained at 61.8(2)(c) was modified since the provision will no longer be contained in section 31.14.
Fourth, a provision formerly contained at section 31.14 that addressed the integration of innovative solutions or management approaches into discharge permits was moved to a new section 61.8 . The commission determined that this provision is more appropriately included in Regulation #61. This new provision is an appropriate complementary regulatory tool to the existing section 61.8 , which authorizes the use of best management practices in discharge permits to control or abate the discharge of pollutants.
Since Regulation #61 was opened for the Regulation #31 hearing, the commission took the opportunity to update the incorporation by reference date in section 61.1 . The effect of this change is to include the most recent versions of the federal materials that are already incorporated within Regulation #61, while maintaining consistency with the State Administrative Procedures Act, which requires that a rule incorporating materials by reference must indicate that later amendments or editions of the incorporated material are not part of the rule.
PARTIES TO THE RULEMAKING
5 CCR 1002-61.69