6 CCR 1007-3-8.102 - Basis and Purpose

Statement of Basis and Purpose

Rulemaking Hearing of May 16, 2023.

This amendment to 6 CCR 1007-3, Part 6 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S. and § 25-15-314(1), C.R.S.

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, and 268 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of §6.04 Annual Commission Fee

Section 6.04 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by revising paragraph (a) to reflect the annual Commission fee to be assessed for fiscal year 2023-2024. This rulemaking does not change the amounts of the annual Commission fees, but only changes the rules to reflect the 2023-2024 fiscal year.

Amendment of Hazardous Waste Import-Export Recovery and Disposal Operation Codes

These amendments to Parts 262, 264 and 265 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to and provide equivalency with the Environmental Protection Agency (EPA) Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes final rule published in the Federal Register on October 1, 2021 {86 FR 45381-45386}, and which became effective in all states on October 31, 2021. These import and export requirements are administered by the Federal government as a foreign policy matter, and are not administered by States.

The EPA issued the October 31, 2021 final rule to reflect changes to regulations related to Canadian import-export recovery and disposal operations that Canada promulgated in the Canada Gazette Part II on March 17, 2021 and that become effective in Canada on October 31, 2021. The EPA revised twelve of its import-export recovery and disposal code numbers and descriptions in 40 CFR 262.81 to reflect the revised Canadian regulatory definitions so that export and import notices and subsequent movement documents exchanged between Canada and the United States on or after October 31, 2021, do not contain conflicting information.

Because of the federal government's special role in matters of foreign policy, the EPA does not authorize States to administer Federal import/export functions in any section of the RCRA hazardous waste regulations. This approach of having Federal, rather than State, administering of the import/export functions promotes national coordination, uniformity and the expeditious transmission of information between the United States and foreign countries. Although States do not receive authorization to administer the Federal government's import/export functions in 40 CFR part 262 subpart H, or the import/export relation functions in any other section of the RCRA hazardous waste regulations, State programs are still required to adopt the provisions in the federal rule to maintain their equivalency with the Federal program (see 40 CFR 271.10(e)).

These amendments make conforming changes to Part 262, Subpart H of Colorado's Hazardous Waste Regulations (6 CCR 1007-3) related to twelve hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices submitted to EPA by U.S. exporters and importers, and in movement documents that accompany export and import shipments.

This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 86 FR 445381-45386, October 1, 2021.

Correction of Typographical Errors and Inadvertent Omissions

These amendments correct typographical errors and inadvertent omissions that exist in §§260.4 , 260.10 , 261.4 , 261.6, 262.82, 263.20, 264.71, 265.71, 265.1034, 265.1084, 265.1087, and 268.40 Table of Treatment Standards.

These amendments provide state equivalency with the applicable federal requirements, and include amendments being made in response to comments received from the Environmental Protection Agency regarding its review of Colorado's hazardous waste regulations.

Notes

6 CCR 1007-3-8.102
46 CR 12, June 25, 2023, effective 7/15/2023

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