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
