6 CCR 1007-3-8.13 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 266 and 100, and the addition of Part 279 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Identification and Listing of Hazardous Waste: Used Oil Filter Exclusion

On May 20, 1992, the Environmental Protection Agency (EPA) promulgated a final listing decision (57 FR 21524) for used oils based upon the technical criteria provided in the Resource Conservation and Recovery Act (RCRA) sections 1004 and 3001 and in 40 CFR 261.11(a)(1) and (a)(3). EPA decided not to list used oils destined for disposal as hazardous waste based on the finding that all used oils do not typically meet the technical criteria for listing a waste as hazardous waste. This rule preserves the status quo for used oil destined for disposal and exempts, from the definition of hazardous waste, certain types of used oil filters that have been drained. Because these proposed regulations narrow the scope of the Toxicity Characteristic (TC) rule promulgated pursuant to HSWA authority, as well as the characteristics of EP toxicity regulations promulgated under non-HSWA authority, these regulations are less stringent than the current regulations, and Colorado is not required to adopt this rule. 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 21524-21534, May 20, 1992, and as amended at 57 FR 29220, July 1, 1992.

Identification and Listing of Hazardous Waste Recycled Used Oil Management Standards

On September 10, 1992, the Environmental Agency (EPA) promulgated a final listing decision for used oils that are recycled, and also promulgated standards for the management of used oil under RCRA section 3014. EPA made a final listing decision for used oils that are recycled based upon the technical criteria provided in sections 1004 and 3001 of RCRA. EPA determined that recycled used oil does not have to be listed as a hazardous waste since the used oil management standards issued in this rulemaking are adequately protective of human health and the environment. These standards cover used oil generators, transporters, processors and re-refiners, burners, and marketers. The amendments adopted by the Commission mirror these regulatory changes made by EPA.

For clarification purposes, the Commission has adopted an additional provision to these regulations. This amendment (the addition of paragraph (ii) to § 279.10(b)(2)) indicates that the mixing of used oil and a characteristic hazardous waste for the purpose of managing the resulting mixture as a used oil constitutes treatment of hazardous waste and requires compliance with part 100 of the state hazardous waste regulations.

A number of parties at the hearing presented testimony to the Commission in support of changing the noticed rule to allow the use of used oil as a dust suppressant. Used oil historically has been used primarily by rural communities as a dust suppressant for roads because it is effective and relatively inexpensive. Representatives from the Hazardous Materials and Waste Management Division, the Air Pollution Control Division, and the Water Quality Control Division testified regarding how the use of used oil as a dust suppressant would potentially affect their programs, and a representative from EPA testified on the current federal requirements prohibiting the use of used oil as a dust suppressant, the ability of states to petition EPA for a variance from such prohibition, and EPA's willingness to work with the State and interested persons to pursue a variance, or other alternatives.

The Commission understands the desire and need of local communities to find an economical and efficient means of controlling dust on their roads. The Commission, however, declines to change this regulation to allow the use of used oil for dust suppression because of its concern over the potential adverse human health and environmental impacts of such use, and the absence of sufficient evidence in the record on such impacts. The Commission also recognizes that EPA regulations prohibit the use of used oil as a dust suppressant, and provide a means through which states may petition EPA for the authority to use used oil as a dust suppressant. The Commission encourages those persons interested in using used oil as a dust suppressant to work with representatives from EPA and the Department of Public Health and the Environment either to prepare such a petition to EPA, or to determine alternative means to control dust.

This Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 57 FR 41566-41626, September 10, 1992, and as amended at 58 FR 26420-26426, May 3, 1993; 58 FR 33341-33342, June 17, 1993; and 59 FR 10550-10560, March 4, 1994.

Corrections to the Wood Preserving Regulations

These amendments correct errors which occurred when the Wood Preserving regulations of 57 FR 61492-61505, December 24, 1992 were adopted by Colorado. These regulations are being revised at this time to: remove the last sentence of paragraph (b), as well as subparagraphs (b)(1),(2), and (3) of § § 264.571 and 265.441; and to remove the effective date note paragraphs following § § 265.443(o), 265.444(b)(3), and 265.445(c)(2).

Correction of Typographical Errors and Inadvertent Omissions

In addition these amendments also correct typographical errors and inadvertent omissions that occur in the regulations.

Statement of Basis and Purpose - Rule-making Hearing of January 17, 1995

Notes

6 CCR 1007-3-8.13

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