6 CCR 1007-3-8.19 - Basis and Purpose

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

Carbamate Production

In a February 9, 1995 final rule (60 FR 7824-7859), the Environmental Protection Agency (EPA) amended the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to reduce hazards to human health and the environment from the ongoing manufacture of carbamate chemicals, which are formulated for use as pesticides and in the production of synthetic rubber.

These amendments provide equivalency with the 2/9/95 final rule and include the following revisions:

A) Amending § 261.32 and Appendix VII of Part 261 to list as hazardous six wastes generated during the production of carbamate chemicals. The new wastes include:
(1) K156 - Organic wastes from the production of carbamate and carbamoyl oximes;
(2) K157 - Wastewaters from the production of carbamates and carbamoyl oximes;
(3) K158 - Bag house dust, and filter/separation solids from the production of carbamates and carbamoyl oximes;
(4) K159 - Organics from the treatment of thiocarbamate wastes;
(5) K160 - Solids from the production of thiocarbamates and solids from the treatment of thiocarbamate wastes; and
(6) K161 -Purification solids, bag house dust, and floor sweepings from the production of dithiocarbamate acids and their salts.
B) Amending the definition of hazardous wastes in § 261.3 to exempt biological treatment sludges generated from the treatment of certain wastes provided the sludges do not display any of the characteristics of a hazardous waste (i.e. ignitability, corrosivity, reactivity, or toxicity).
C) Adding 58 specific chemicals to the § 261.33 list of commercial chemical products that are hazardous wastes when discarded and to the Part 261, Appendix VIII list of hazardous constituents upon which listing determinations are based.

The Hazardous Waste Commission agrees with EPA's interpretative rule of August 14, 1995 (60 FR 41817-41818) in which EPA changed its interpretation of carbamate "production" to not include non-carbamate intermediates that are produced at a site other than the ultimate site of carbamate production.

The Hazardous Waste Commission is making an additional amendment to this rule by adding a "common name" column to the P-waste and U-waste tables of § § 261.33(e) and (f) to provide common name listings for the various substances listed in the tables.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 60 FR 7824-7859, February 9, 1995, and as amended at 60 FR 19165-19167, April 17, 1995, and at 60 FR 25619-25620, May 12, 1995. This Basis and Purpose also incorporates by reference the interpretative rule published in the Federal Register at 60 FR 41817-41818, August 14, 1995.

Revision of § 264.314

This amendment adds subparagraph (f) to § 264.314. Section 264.314(f) prohibits the placement of any free liquid in a hazardous waste landfill. This is intended to prevent the formation of hazardous leachate that could migrate and cause surface or groundwater contamination. The federal requirements of 40 CFR § 264.314(f)(1) and (2) allow for an exemption to a ban on disposing of nonhazardous liquid wastes in a hazardous waste landfill if the only reasonably available disposal method for such liquids is placement in a landfill or unlined surface impoundment that may already contain hazardous wastes and placement in the hazardous waste landfill will not present a risk of contamination to underground sources of drinking water. Colorado is not adopting state analogs to the exemption provided for in 40 CFR § 264.314(f)(1) and (2). Rather the state is prohibiting the disposal of any free liquid in a hazardous waste landfill and is therefore state more stringent than the regulatory requirements of the Environmental Protection Agency.

Revision of § 265.314

This amendment adds subparagraph (g) to § 265.314. Section 265.314(g) prohibits the placement of any free liquid in a hazardous waste landfill. This is intended to prevent the formation of hazardous leachate that could migrate and cause surface or groundwater contamination. The federal requirements of 40 CFR § 265.314(g)(1) and (2) allow for an exemption to a ban on disposing of nonhazardous liquid wastes in a hazardous waste landfill if the only reasonably available disposal method for such liquids is placement in a landfill or unlined surface impoundment that may already contain hazardous wastes and placement in the hazardous waste landfill will not present a risk of contamination to underground sources of drinking water. Colorado is not adopting state analogs to the exemption provided for in 40 CFR § 265.314(g)(1) and (2). Rather the state is prohibiting the disposal of any free liquid in a hazardous waste landfill and is therefore state more stringent than the regulatory requirements of the Environmental Protection Agency.

Revision of § 264.1

Paragraphs (g)(1) and (g)(2) of § 264.1 are revised by deleting the language in the current regulations which expired January 1, 1986 and is no longer in effect. A note following paragraph (g)(2) is also being added at this time. This note states that hazardous wastes burned in boilers and industrial furnaces are also subject to federal requirements in Subpart H of 40 CFR Part 266.

Revision of § 265.1

Section 265.1 is being amended by adding a note following paragraph (g)(2). This note states that hazardous wastes burned in boilers and industrial furnaces are also subject to federal requirements in Subpart H of 40 CFR Part 266.

Revision § 267.30

Paragraph (b)(1) of § 267.30 is amended by replacing the reference to "40 CFR Part 266, Subpart E" with the proper citation of "Part 279" to provide equivalency with the federal language of 40 CFR § 266.100(b)(1).

Reservation of Part 267 Subpart E

A notation is added on page 512 of the current regulations to indicate that Subpart E of Part 267 is reserved. The table of contents page for Part 267 already indicates that Subpart E is reserved.

Correction of § 100.10(a)(8)

Paragraph (a)(8) of § 100.10 is amended by changing "spills" to "discharges" to correspond to the federal language of 40 CFR § 270.1(c)(3). This amendment provides state equivalency with the regulatory requirements of the Environmental Protection Agency.

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 - Rule-making Hearing of October 17, 1995

Notes

6 CCR 1007-3-8.19
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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