6 CCR 1007-3-8.11 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261 and 268; and 6 CCR 1007-2 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Treatability Studies Sample Exclusion

On February 18, 1994, the Environmental Protection Agency (EPA) issued a final rule which revised the Treatability Studies Sample Exemption Rule. The rule conditionally exempts small scale treatability studies from Subtitle C regulation. The principal change to the existing rule is to increase the quantity of contaminated media which are conditionally exempt from Subtitle C regulation when used in conducting treatability studies. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

Excluding the preamble discussion paragraph C(5) "Treatability Studies at Federal Facilities" on page 8364, this Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 59 FR 8362-8366, February 18, 1994.

Renewal of the Hazardous Debris Case-By-Case Capacity Variance

On May 8, 1992, EPA granted a one-year case-by-case capacity variance of the Land Disposal Restrictions (LDR) to persons managing certain hazardous debris (see 57 FR 20766, May 15, 1992). This rule extended, until May 8, 1994, the case-by-case extension for hazardous debris granted by the May 15, 1992 final rule. However, only debris and mixed radioactive/hazardous debris contaminated with wastes listed in 40 CFR § 268.12 and/or any characteristic waste for which treatment standards are established in Subpart D of Part 268 are included in this extension. No further variance or extension of the LDR effective dates for hazardous debris can be given after May 8, 1994. This final rule also amends the case-by-case extension for contaminated soils by clarifying that the extension granted on October 20, 1992 applied only to soils regulated under the Third Third Land Disposal Restriction Rule.

This extension will, by its own terms, have expired before a rule-making hearing can be held on this matter. Colorado has chosen not to adopt this federal regulation, but is instead proposing to amend § 268.35(e) to contain language equivalent to the applicable federal regulations.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 58 FR 28506-28511, May 14, 1993.

Statement of Basis and Purpose - Rule-making Hearing of July 19, 1994

Notes

6 CCR 1007-3-8.11
37 CR 24, December 25, 2014, effective 3/2/2015 38 CR 11, June 10, 2015, effective 6/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 11, June 10, 2016, effective 6/30/2016 40 CR 06, March 25, 2017, effective 4/14/2017 40 CR 11, June 10, 2017, effective 6/30/2017 40 CR 21, November 10, 2017, effective 11/30/2017 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 11, June 10, 2018, effective 6/30/2018 41 CR 24, December 25, 2018, effective 1/14/2019 42 CR 06, March 25, 2019, effective 4/14/2019 42 CR 06, March 25, 2019, effective 5/30/2019 42 CR 11, June 10, 2019, effective 6/30/2019 43 CR 12, June 25, 2020, effective 7/15/2020 44 CR 06, March 25, 2021, effective 4/14/2021 44 CR 11, June 10, 2021, effective 6/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 11, June 10, 2022, effective 6/30/2022 45 CR 17, September 10, 2022, effective 9/10/2022 45 CR 17, September 10, 2022, effective 9/30/2022 45 CR 23, December 10, 2022, effective 1/30/2023

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