5 Colo. Code Regs. § 1002-64.31
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose.
BASIS AND PURPOSE
The Commission found it necessary to add a newsection (Section 64.10) to allow for site transfers between persons in order to facilitate a seamless process. This site transfer process will not only allow farmers to work with the biosolids applier of their choice, but will also help reduce the administrative tasks of the Division. In addition, a definition was added for the term "Site Transfer" to correspond with changes made to the regulation. All remaining definitions were re-lettered accordingly.
The Commission also found that it was appropriate to modify the soil sample analysis method for metals. The method for analysis of soil samples to be performed for metals in Section 64.16 was changed from AB-DTPA extraction to the methods listed in the EPA publication "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," also known as SW-846, which includes EPA Method 3050B. Federal Regulation ( 40 CFR Part 503.8(b)(4)) requires the methods listed in the SW-846 to be used for biosolids analysis. This change will fully align the soil metals analysis method in this regulation with the Federal Regulation. The Commission found that this will help facilitate a seamless transition from EPA to State oversight when the Division obtains delegation of the biosolids program. Also, this change was necessary to be able to compare the metals accumulated in the soil from biosolids applications to the amount of biosolids metals calculated as the cumulative pollutant loading rates. Because of the addition of the requirement to use EPA Method 3050B is a requirement found in federal regulation, the Commission added "standard" Incorporation by Reference language at Section 64.5 as required by the State Administrative Procedures Act. The section had previously been reserved for this purpose.
The determination of metal speciation in Section 64.16 was changed from extractable metals concentrations to total recoverable metals concentrations since EPA Method 3050B yields total recoverable metals concentrations.
Finally, the Commission found that the increase of the biosolids fees from $1.87 per dry short ton to $2.40 per dry short ton was necessary to fully fund biosolids program. Program costs have been above the revenues the program has generated.
5 CCR 1002-64.31