The Commission has previously included incorporation by reference provisions in both the Pretreatment Rules, Regulation #63 (5 CCR 1002-63 CCR) and the Confined Animal Feeding Operations Control Regulation, Regulation #81 (5 CCR 1002-81). As a part of its statutorily required review of regulations adopted by state agencies, staff in the Office of Legislative Legal Services brought to the Commission's attention an inconsistency between the incorporation by reference language in these two regulations and the requirements of the State Administrative Procedure Act, 24-4-103 (12.5) C.R.S. To eliminate this inconsistency, the Commission is adding a statement to each rule that all material incorporated by reference may be examined at any state publications depository library. Both of these regulations are an important part of Colorado s overall water quality management system. Therefore, in order to avoid any interruption in the applicability of these regulations and to avoid the time and expense that would be required for the Committee on Legal Services to conduct a formal hearing to consider this matter, the Commission finds that adoption of these amendments is imperatively necessary to preserve public health, safety and welfare.
5 CCR 1002-63.77