General permits - process for changing permit requirements

(1) With respect to a general permit listed in section 25-8-502 (1)(b)(I)(G), when proposing new or amended permit requirements for dischargers to meet, to obtain, or to maintain authorization for discharges under the permit, the division shall: (a) Prepare a statement of basis and purpose explaining the need for the proposed requirements; (b) Present evidence supporting the need for the proposed requirements, including information regarding pollutant potential and available controls, incidents of environmental damage, and permit violations; (c) Before implementing the proposed requirements, provide public notice of, and consider comments received from affected parties about, the proposed requirements; and (d) Upon request by an affected party, consider and give due weight to a cost-benefit analysis: (I) Received by the division during the comment phase set forth in paragraph (c) of this subsection (1); (II) Concerning one or more proposed requirements that are not already required by federal or state statute or rule; (III) Prepared by a third party chosen from an approved list of analysts, as developed by the division in consultation with representatives of the industries that are subject to general permitting; and (IV) Paid for by the affected party. (2) Nothing in subsection (1) of this section confers rule-making authority on the division. (3) A party may appeal a general permit issued under section 25-8-502 (1)(b)(I)(G) pursuant to the appeals process set forth in section 24-4-105, C.R.S.