6 CCR 1007-3-8.17 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 266, 267, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Organic Air Emission Standards for Tanks Surface Impoundments and Containers.

In a December 6, 1994 final rule (59 FR 62896-62953), the Environmental Protection Agency (EPA) promulgated Subpart CC air standards that apply to owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDF) subject to RCRA subtitle C permitting requirements and to certain hazardous waste generators accumulating waste on-site in RCRA permit-exempt tanks and containers. [Note: Generators accumulating hazardous waste at a satellite accumulation area do not need to comply with the Subpart CC air emission standards; however, generators accumulating hazardous waste at a 90 day storage area must comply with the Subpart CC air standards]. In addition, this action also established a new EPA reference test method (Method 25E) to determine the organic vapor pressure of a waste. These amendments provide equivalency with the regulatory requirements of EPA.

The Hazardous Waste Commission also made additional changes when adopting this rule. These additional changes include:

1) Requiring that the air emission controls must be used for tanks, surface impoundments, and containers in which hazardous waste is placed on or after December 6, 1995 except under certain conditions specified for TSDF miscellaneous units. [Note: The Hazardous Waste Commission adopted the Subpart CC standards with an effective date of December 6, 1995 rather than the June 5, 1995 effective date that is listed in the 12/6/94 final rule. The December 6, 1995 effective date was adopted to correspond with EPA's stated intention to grant an extension to the effective date of the Subpart CC Air Emission Standards until 12/6/95. A final notice of EPA's extension of the effective date is expected to be published in a May, 1995 Federal Register].
2) Adding the additional clarifying language of "(approximately 26 gallons)" in § § 264.1080(b)(2) and 265.1080(b)(2).
3) Adding the additional clarifying language of "volatile organic" in § § 264.1082(c)(1) and 265.1083(c)(1).
4) Adding the additional clarifying language of "(approximately 119 gallons)" in § § 264.1086(b)(3) and 265.1087(b)(3).
5) Revising § 262.34(c)(1) by adding",except for § 265.178;" at the end of paragraph (i) to clarify that generators accumulating hazardous waste at a satellite accumulation area do not need to comply with the Subpart CC air emission standards.
6) Revising § 263.10 by adding a new paragraph (d) cross-referencing the Part 265, Subpart CC standards which establish specific requirements for containers (including railcars, tank cars, and roll-off boxes) of organic-containing hazardous waste transported from a treatment, storage, and disposal facility.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 59 FR 62896-62953, December 6, 1994.

Testing and Monitoring Activities

In a January 13, 1995 final rule, the Environmental Protection Agency amended its hazardous waste regulations for testing and monitoring activities. The 1/13/95 final rule added new and revised methods as Update II to the Third Edition of the EPA-approved test methods manual "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846. It also incorporated the SW-846 Third Edition, as amended by Updates I (promulgated August 31, 1993), II, and IIA (promulgated January 4, 1994 as part of the wood surface protection rule) into § 260.11(a) for use in complying with the requirements of subtitle C of RCRA. The intent of this amendment is to provide better and more complete analytical technologies for RCRA-related testing and thus promote cost-effectiveness and flexibility in choosing analytical test methods. This amendment to § 260.11(a) provides 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 60 FR 3089-3095, January 13, 1995.

Testing and Monitoring Activities

On August 31, 1993, the Environmental Agency (EPA) amended its hazardous waste regulations under subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended, for testing and monitoring activities.

The Commission is not adopting the revisions made to § § 260.11(a), 268.7(a), 268.40(a), and 268.41(a) by this August 31, 1993 final rule (58 FR 46040-46051). These sections were amended by the Universal Treatment Standards final rule (59 FR 47982-48110, September 19, 1994), and the corresponding state analogs have already been revised to provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

The Commission is also not adopting the revisions made to 40 CFR § 270.66, "Permits for boilers and industrial furnaces burning hazardous waste." Colorado has not adopted a state analog to 40 CFR § 270.66 at this time.

The amendments being adopted at this time include:

1) Revising § § 260.22(d)(1)(i) and 100.41(b)(5)(iii)A)(3) to reference SW-846 instead of Appendix III of Part 261.
2) Deleting references to equivalent methods in § § 261.22(a)(1) and (2) and 261.24(a).
3) Deleting the reference to Method 5.2 in § 261.22(a)(1) and adding in its place the reference to SW-846 Method 9040.
4) Revising Appendix II of Part 261 by deleting the Toxicity Characteristic Leaching Procedure (TCLP), and adding reference to the TCLP, SW-846 Method 1311 to appendix II and § 261.24.
5) Revising Appendix III of Part 261 whereby Tables 1 through 3 are removed and a note is added referencing the reader to SW-846.
6) Deleting Appendix X of Part 261.
7) Revising Appendices I and IX of Part 268 by deleting the reference to the TCLP found in Appendix II, Part 261 from Appendix I of Part 268 and deleting the EP Toxicity Test Method 1310 from Appendix IX of Part 268 and adding notes respectively referencing the TCLP, Method 1311 and the EP, Method 1310 found in SW-846.
8) Adding clarification that references to SW-846 in § § 264.190(a), 264.314(d), 265.190(a), 265.314(d), 100.41(b)(5)(iii)(A)(3) and (4), and 100.22(c)(2)(ii)(A)(3) and (4) are to SW-846 as incorporated by reference in § 260.11.
9) Revising § 100.47 to cross-reference § 260.11.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 58 FR 46040-46051, August 31, 1993.

Amendments to Definition of Solid Waste

On July 28, 1994, the Environmental Protection Agency (EPA) excluded from the RCRA regulatory definition of solid waste certain in-process recycled secondary materials utilized by the petroleum refining industry. Specifically, the July 28, 1994 final rule stated that oil recovered from petroleum refinery wastewaters and from other sources, both on-site and off-site, is excluded from the regulatory definition of solid waste if it is subsequently inserted (along with normal process streams) into the petroleum refining process prior to crude distillation or catalytic cracking. These amendments to § § 261.3, 261.4, and 261.6 provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

The Hazardous Waste Commission (Commission) is not adopting the revisions made to 40 CFR § 266.100 by this final rule. Colorado has not adopted a state analog to 40 CFR § 266.100 at this time.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 59 FR 38536-38545, July 28, 1994.

Recordkeeping Instructions

On March 24, 1994, the Environmental Protection Agency (EPA) amended the recordkeeping instructions in order to match those unit of measurement codes and handling codes used by hazardous waste treatment, storage, and disposal facilities to report to EPA on the Part A Permit Application Form with the codes used to maintain records on-site by these facilities. This technical amendment also added additional handling codes to allow for the proper recording of those processes relating to Boilers and Industrial Furnaces and Miscellaneous Units (subpart X) facilities. These amendments to Appendix I to Part 264 and Part 265 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 59 FR 13891-13893, March 24, 1994.

Correction of Listing of P015 - Beryllium Powder

These amendments correct the P015 listing description for "beryllium" in § 261.33 and Appendix VIII of Part 261 to read "Beryllium powder".

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 59 FR 31551, June 20, 1994.

Revision of § 264.100(e)

These amendments add subparagraphs (3) and (4) to § 264.100(e). These amendments were previously adopted in Colorado as § 264.100(e)(1) and (2), but were inadvertently deleted rather than redesignated as subparagraphs (e)(3) and (4) when § 264.100 was revised as part of a December 1, 1987 final rule (52 FR 45788-45799). This December 1, 1987 final rule amended § 264.100 by redesignating paragraph (e)(1) and (2) as (e)(3) and (4), and by adding new paragraphs (e)(1) and (2). These amendments provide equivalency with the regulatory requirements of the Environmental Protection Agency.

Revision of the table at § 261.31(a)

Section 261.31(a) is revised to replace the current version of the table with a reformatted version; to correct the inadvertent omission of text in the F003 listing; and to correct any other typographical errors which exist in the current version.

Revision of the table at § 261.32

Section 261.32 is revised to replace the current version of the table with a reformatted version.

Revision of the Part 262 Statement of Basis and Purpose

These amendments revise the "Pre-Transport Requirements" section of the Part 262 Statement of Basis and Purpose by revising the last sentence of the first paragraph, and by deleting the last paragraph on page 168 of the current regulations. The 90-day extension in the first paragraph is corrected to a 30-day extension to correspond with current State and EPA regulations. The last paragraph on page 168 is deleted because the State regulations no longer have a § 100.21(a) permit-by-rule provision for extended storage of hazardous waste by generators.

Revision of § 261.6(a)(3)

These amendments revise § 261.6(a)(3) by replacing the references to § 267.40(e) with the proper reference citation of § 279.11 as the correct location of the used oil specifications.

Correction of Typographical Errors and Omissions

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

STATEMENT OF BASIS AND PURPOSE - AMENDED REGULATIONS FOR INCINERATION OF HAZARDOUS WASTE - Rule Making Hearings of October 18, 1994, November 15, 1994, January 17, 1995, February 21, 1995, April 18, 1995, and May 16, 1995.

Notes

6 CCR 1007-3-8.17
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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