5 Colo. Code Regs. § 1002-63.79
The Commission previously included incorporation by reference provisions in the Pretreatment Rules, Regulation #63 (5 CCR 1002-63). 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 this regulation and the requirements of the State Administrative Procedure Act, 24-4-103 (12.5) C.R.S. To eliminate this inconsistency, the Commission added in an emergency rulemaking on October 6, 1997 a statement to the rule that all materials incorporated by reference may be examined at any state publication depository library. The Commission made this language permanent in a rulemaking in February 1998. However, the statement did not appear in the rule as published in the Code of Colorado Regulation. The Office of Legislative Legal Services staff raised this concern to Commission staff on October 14, 1998. In order to correct this problem, the Commission again adopted this statement by emergency rule on October 14, 1998.
The Pretreatment Regulation is an important part of Colorado's overall water quality management system. Therefore, in order to avoid any interruption in the applicability of this regulation 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 this amendment is imperatively necessary to preserve public health, safety and welfare.
5 CCR 1002-63.79