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
