5 Colo. Code Regs. § 1002-62.19
The provisions of sections 25-8-202(1) and 25-8-501(3), C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Commission revised section 62.1 to state that in addition to the Commission office and the state publications depository library, copies of materials incorporated by reference also can be viewed at the U.S. Environmental Protection Agency's ("EPA") Technical Library in Denver. This revision was made for consistency with new rulemaking requirements in the Colorado Administrative Procedure Act, section 24-4-103, C.R.S.
The Commission revised section 62.4 to address situations where a particular industry sector is subject to the numeric limitations in Regulation 62, and EPA subsequently promulgates an effluent limitation guideline ("ELG") that does not include numeric effluent limitations (but rather practice-based effluent limits) for one or more of the applicable parameters. These revisions provide that where the federal ELG sets forth numeric limits for parameters that are also included in Regulation 62, the sector must adhere to the numeric limit specified in the ELG. Where, however, the federal ELG does not specify a numeric limitation for a certain parameter and Regulation 62 does, the regulation allows flexibility for the numeric limitation in Regulation 62 to remain applicable to that sector.
The Commission also revised section 62.5 to make a clearer distinction between CBOD5, BOD5, and TSS removal requirements for domestic sources and industrial sources. For industrial sources, the Commission found it appropriate to grant the Division discretion to substitute, in certain cases, lower percent removal requirements or mass loading limits for the 85 percent removal requirements found in that subsection. The Commission also gave the Division discretion to exempt certain industrial sources from the further removal requirements of that subsection where the Division determines that the numeric limitations for CBOD5, BOD5, and TSS are sufficient.
The Commission also took this opportunity to make minor stylistic edits to the Regulation, such as deleting unnecessary wording in section 62.4 , changing the term "municipality" to "permittee" in section 62.5 to include industrial dischargers, and abbreviating references to the Water Quality Control Commission and Division.
5 CCR 1002-62.19