DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Commission
REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS
5 CCR 1002-11
_________________________________________________________________________
. . . .
11.2(6)	Materials Incorporated by Reference
(a)	Date of Incorporation
(i) 	Throughout these regulations, requirements promulgated by the U.S. Environmental Protection Agency have been adopted and incorporated by reference. The federal references cited herein include only those versions that were in effect as of April 9, 2018, and not later amendments to the incorporated material.
(ii)	All other materials incorporated by reference in the Colorado Primary Drinking Water Regulations include only those versions cited and not later amendments to incorporated material.
(b)	Location of Materials Incorporated by Reference
(i)	The requirements promulgated by the U.S. Environmental Protection Agency incorporated by reference are available at no cost in the online edition of the Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov.
(ii)	All other materials incorporated by reference may be examined at any state publications depository library, the Laboratory Services Division of the Department, or the Department at:
Colorado Department of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
(303) 692-3500
(c)	If the material incorporated by reference refers to other sections of the referenced document that conflict with current language of the Colorado Primary Drinking Water Regulations, the current language of the Colorado Primary Drinking Water Regulations takes precedence.
. . . .
11.59	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: November 13, 2018 Decision; Effective Date December 30, 2018
The following section was affected by this rulemaking hearing: 11.2(6) – Materials Incorporated by Reference. The provisions of the Colorado Revised Statutes (CRS), section 25-1.5-202, provide specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with section 24-4-103(4), CRS, the following statement of basis and purpose.
BASIS AND PURPOSE
The Commission made changes to section 11.2(6) (Materials Incorporated by Reference) in order to comply with section 24-4-103 (12.5) (a)(IV), C.R.S. of the Colorado Administrative Procedure Act, which requires a statement explaining where copies of the federal code incorporated by reference are available from the agency of the United States originally issuing the code.
Regulation 11 incorporates by reference requirements promulgated by the U.S. Environmental Protection Agency in the Code of Federal Regulations. Therefore to comply with §24-4-103 (12.5)(a)(IV), C.R.S., the Commission added an entirely new paragraph in section 11.2(6)(b), providing that: “The requirements promulgated by the U.S. Environmental Protection Agency incorporated by reference are available at no cost in the online edition of Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov.”  The Commission also made related changes to the original paragraph in 11.2(6)(b) for purposes of clarifying where to find the other materials incorporated by reference.