5 Colo. Code Regs. § 1002-64.27
The provisions of sections 25-8-202(1)(c), 25-8-205(1)(e), 25-8-501 to 504, and 25-8-509; C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose of these amendments.
BASIS AND PURPOSE
The Commission convened an informational hearing concerning the Biosolids Regulation on July 14, 1999 as part of the triennial review.
Two issues were identified at the informational hearing and were considered in this rulemaking hearing. The issues are modifying the concentration limit for "selenium" for the City of Pueblo and removing requirements for "chromium" testing from the regulations.
The United States Court of Appeals for the District of Columbia Circuit issued a decision on November 15,
1994, concerning EPA's exceedence of its statutory mandate regarding the technical basis for chromium and selenium limitations set forth in the 40 C.F.R. Part 503 regulations. The USEPA, on October 25,
1995, promulgated amendments to the federal sludge management regulations at 40 C.F.R. Part 503 . All numeric limitations for chromium were struck from the Part 503 rule. In January of 1996, the Commission adopted revisions to the Biosolids Regulation reflecting US EPA's removal of chromium numeric limitations from the federal regulations. Chromium monitoring had inadvertently remained a requirement in the biosolids monitoring section (64.16, Table 7) and in the soils monitoring section (64.16, Table 9) of the Colorado Biosolids Regulations. For consistency, the Commission has removed chromium monitoring requirements from the regulation.
As a result of ongoing litigation at the federal level, the USEPA, on October 25, 1995, promulgated amendments to the federal sludge management regulations at 40 C.F.R. Part 503 which addresses concentration limits for selenium. The EPA action relaxed the federal Table 3 limitation for selenium from 36 mg/kg to 100 mg/kg. The Commission, at that time, revised the Colorado Biosolids Regulation to incorporate the Grade I and Grade II metals concentration limits, identified in Table 1, section 64.12.A , to the annual pollutant loading limits expressed in Table 2, section 64.15.B , and the cumulative pollutant loading limits in Table 3, section 64.15.A so as to conform with the federal rule.
On March 3, 1998, the United States Court of Appeals for the District of Columbia Circuit granted a "stay" on the selenium limit in 40 C.F.R. Part 503, Section 503.13(b), Table 1 for the City of Pueblo's biosolids. By adding a footnote to the Biosolids Regulation (Colorado Grade I and II, Table 1) the Commission is indicating its intent to recognize the court decision and further indicate that state regulatory actions will not be inconsistent with that decision.
5 CCR 1002-64.27