Department of public Health and Environment
Water Quality Control Commission
Colorado Primary Drinking Water Regulations
5 CCR 1003-1
. . . . 
4.3	Small System Variances
. . . . 
(h)	The Department shall provide for at least one public meeting on a small system variance no later than 15 days after the small system variance is proposed.
. . . . 
4.6	Disposition of Variances and Exemptions
The Department shall act on any exemption or variance request within 90 days after receipt of a complete application therefore.
(a)	If an application submitted to the Department is incomplete, within 20 days of receipt of the application the Department shall advise the applicant in writing of items needed to complete the application.
(b)	The Department shall consider written comments and requests for a public meeting regarding the proposed granting of a variance or exemption filed within 30 days after the date the Department provides public notification pursuant to sections 4.2, 4.3, or 4.4.
(c)	Within 90 days of receipt of a complete application, the Department shall make an initial determination to approve or deny the application.  The procedures set out below in section 4.6(c)(1) through (3) will then follow:
(1)	If the Department determines that the application complies with the criteria for a variance or exemption and if there has not been a written request for a public meeting and the EPA Administrator has approved the variance or exemption request (for systems serving more than 3,300 persons), the Department shall issue an order granting the exemption or variance pursuant to section 4.8.
(2)	If the Department makes a tentative determination that the application complies with the criteria for a variance or exemption and a written request for a public meeting was submitted to the Department, the following procedure shall be utilized:
(i)	The Department shall hold a public meeting in accordance with the procedures set out in section 4.7, and 
(A)	If there is no compelling evidence to deny the variance or exemption request; and
(B)	The EPA Administrator has approved the variance or exemption request (for systems serving more than 3,300 persons);
(ii)	The Department shall issue an order granting or denying the variance or exemption.
(3)	If the Department makes a tentative determination to deny the application the following procedure shall be utilized:
(i)	The Department shall notify the applicant in writing of its tentative determination to deny the application and state the grounds therefore;
(ii)	Within 15 days after receipt of such notice the applicant may submit in writing a response of intent to provide additional argument or information to the Department;
(iii)	If any person files a written request with the Department to hold a public meeting the Department shall do so, and if there is no compelling evidence to grant the variance or exemption;
(iv)	The Department shall issue an order denying the variance or exemption.
4.7	Public Meetings
(a)	Within 30 days after the Department has issued public notification required by sections 4.2, 4.3, or 4.4, any person may file a written request for the Department to hold a public meeting concerning such application for a variance or exemption.  The Department shall hold a public meeting upon written request or as otherwise required by federal law.  Frivolous or insubstantial requests for a public meeting may be denied.
. . . .
Article 23	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE:  December 8, 2008; Effective Date January 30, 2009
The Colorado Revised Statutes (CRS), §25-1.5-202, provide specific authority for adoption of these regulatory amendments.  The Commission also adopted, in compliance with §24-4-103(4), CRS, the following statement of basis and purpose.
BASIS AND PURPOSE
The Office of Legislative Legal Services (OLLS) raised concerns regarding subsections 4.6(c)(1), 4.6(c)(2), 4.6(c)(3)(iii)and 4.7(a) of Colorado’s Primary Drinking Water Regulations.  OLLS’s concerns related to public meetings for small drinking water system variances.  OLLS objected to language which provided for a meeting if there is “sufficient interest” in such a meeting.  OLLS expressed the opinion that such language is vague, and may be inconsistent with and less stringent than corresponding federal requirements. 
While the Commission and Division did not necessarily agree with OLLS’s position, the Commission amended the cited subsections to resolve OLLS’s concerns.   The Commission deleted the “sufficient interest” language to address OLLS’s vagueness concerns.  New section 4.3(h) was added, which is identical to 40 CFR § 142.309(A), to address OLLS’s concern that the regulations may contradict or be less stringent than the federal program.  Subsection 4.7(a) was amended to include a provision that allows the Division to deny frivolous or insubstantial public meeting requests, consistent with 40 CFR § 142.44(c).