6 CCR 1007-3-8.12 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Chlorinated Toluenes Production Waste Listings

On October 15, 1992, the Environmental Protection Agency (EPA) amended the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) by adding three wastes generated during the production of the alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, collectively referred to as "chlorinated toluenes," to the list of hazardous wastes from specific sources. EPA also amended appendix VII of part 261 to add the constituents for which these wastes are being listed. The effect of this regulation is that these three wastes will be subject to regulation as hazardous wastes. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 57 FR 47376-47386, October 15, 1992.

Liquids in Landfills

On November 18, 1992, the Environmental Protection Agency (EPA) promulgated a final rule regarding the landfill disposal of containerized liquids mixed with sorbents. This rule satisfied the statutory requirement that EPA issue a rule that prohibits the disposal in hazardous waste landfills of liquids that have been sorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations. This rule will help assure the stability of materials in hazardous waste landfills. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency. This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 57 FR 54452-54461, November 18, 1992.

Hazardous Soil Case-by-Case Capacity Variance

On June 1, 1990 (55 FR 22520; Revision Checklist 78), EPA promulgated a final rule establishing prohibitions and treatment standards for Third Third wastes. Because of a lack of treatment capacity, EPA granted a two-year national capacity variance for those hazardous soils whose best demonstrated available technology (BDAT) was incineration, retorting, or vitrification, as well as for soils contaminated with radioactive mixed waste. As such, these wastes were prohibited from land disposal on May 8, 1992, unless the treatment standards were met.

This October 20, 1992 rule provided, under 40 CFR 268.5, a one-year extension of the Land Disposal Restrictions (LDR) effective date for this same set of hazardous waste contaminated soils. This extension has by its own terms expired and is no longer in effect. Colorado has chosen not to adopt this expired federal regulation, but is instead proposing to amend § § 268.35(c), (d), and (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 57 FR 47772-47776, October 20, 1992.

Correction of the Table at § 261.32

These amendments correct the "Organic Chemicals" and "Inorganic Chemicals" subgroups of the table at § 261.32 to arrange the K-waste listings in alpha-numeric order.

Table of Contents Revision

The Table of Contents pages for Parts 260, 261, 262, 264, 265, 268, and 100 are revised and updated to reflect the new regulations that have been adopted by the Hazardous Waste Commission, and to correct any typographical errors or inadvertent omissions in the previous version.

Revision of the tables at § § 261.33(e) and (f)

Sections 261.33(e) and (f) are revised to replace the current photocopy versions of the tables with electronically-formatted versions.

Revision of Appendix VIII of Part 261

Appendix VIII of Part 261 is revised to replace the current photocopy version with an electronically-formatted version. Listings for hazardous constituents "Heptachlorodibenzofurans" and "Heptachlorodibenzo-p-dioxins" are also being added to Appendix VIII at this time. These listings were inadvertently omitted when the other wood preserving amendments of 55 FR 50450-50489, December 6, 1990 were adopted.

Revision of Appendix IV of Part 264

Appendix IV to Part 264 is revised to reformat the current version, and to correct typographical errors and inadvertent omissions which exist in the current version.

Revision of Permits by Rule § 100.21(d) Generator treatment.

At its rule-making hearing of January 18, 1994, the Hazardous Waste Commission adopted a Treatment by Generators rule which allows for the treatment of hazardous waste by generators in tanks or containers and allows for the Division to apply additional standards to ensure protection of health and the environment on a case-by-case basis.

In an effort to promote clarity in the permit-by-rule provision for generator treatment, Section 100.21(d)(2) is being revised at this time to delete; "and such that the waste is still hazardous after treatment;"

Statement of Basis and Purpose - Rule-making Hearing of August 16, 1994

Notes

6 CCR 1007-3-8.12
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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