Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-11 - REGULATION NO. 11 - COLORADO PRIMARY DRINKING WATER REGULATIONS
Section 5 CCR 1002-11.60 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: March 9, 2020; Final Action March 9, 2020; Effective Date April 30, 2020

The following sections were affected by this rulemaking hearing: Regulation 11 Table of Contents, 11.2 - Definitions, Acronyms, and Abbreviations, 11.8 - Surface Water Treatment Rule, 11.11 - Groundwater Rule, 11.16 - Revised Total Coliform Rule, 11.23 - Maximum Residual Disinfectant Levels Rule, 11.33 - Public Notification Rule, 11.34 - Consumer Confidence Report Rule, 11.36 - Recordkeeping Requirements Rule, 11.37 - Cross-Connection Control Rule, 11.39 - Backflow Prevention and Cross-Connection Control Rule, 11.43 - Variances and Exemptions Rule, and 11.45 MCLs, MCLGs, SMCLs, MRDLs, MRDLGs, and Action Levels. 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), C,R,S,, the following statement of basis and purpose.

BASIS AND PURPOSE

Revisions to the Revised Total Coliform Rule (RTCR)

All suppliers of drinking water in Colorado are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the Safe Drinking Water Act, (42 U.S.C. 300f et seq.) as well as regulations adopted by the Water Quality Control Commission. Colorado, with the Colorado Department of Public Health and Environment (the Department) as the administering agency, has been granted primary enforcement responsibility (primacy) for the public water system supervision program under the federal Safe Drinking Water Act. The department submitted its initial Revised Total Coliform Rule (RTCR) primacy package to the EPA in June 2015. As part of its review, EPA only granted the department "temporary primacy" due to concerns about missing regulatory language and requirements in the Department's RTCR. The department has worked continuously with EPA between 2017 to date to resolve any issues to allow for Colorado to be granted full primacy.

In order to address EPA's comments and for the department to obtain full primacy for the RTCR, the commission modified the drinking water regulation to increase clarity and accuracy in accordance with EPA's concerns. The modifications were minor and do not change any underlying requirements.

Revisions included:

* Adding cross-references to the RTCR and Ground Water Rule (Sections 11.11 . and 11.16).

* Improving definitions related to RTCR (e.g., triggered assessments and seasonal systems) in Section 11.3.

* Adding clarifying language to RTCR (Section 11.16).

* Clarifying RTCR-related requirements in the Surface Water Treatment Rule (Section 11.8)

* Adding clarifying language, consolidating health effects language for public notification, and adding "recordkeeping" to the Tier 3 public notice table in Section 11.33 (Public Notification Rule).

* Adding RTCR-related clarifying language, adding cross-references, and consolidating the table of regulated contaminants in Section 11.34 (Consumer Confidence Report (CCR) Rule).

* Adding RTCR-related clarifying language and cross-references to Section 11.43 (Variances and Exemptions Rule).

* Correcting the RTCR table of contents for formatting issues.

* Adding a RTCR and GWR-related reference column to the MCLs and MCLGs microbial table in Section 11.45 (MCLs, MCLGs, SMCLs, MRDLs, and Action Levels).

One additional correction was made to Section 11.39 for the Backflow Prevention and Cross-Connection Rule. A minor modification was made to correct a typographical error in reference 11.39(1).