6 CCR 1007-3-8.27 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 260 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Addition of § 260.12 Sampling and Analytical Methods.

The purpose of this regulation, Section 260.12, is to ensure that analytical data collected are reflective of sample composition; have the appropriate level of accuracy, sensitivity and precision for the purpose of the investigation or activity; and that the sampling and analytical methods used to generate the data are considered safe. This regulation formalizes the administrative process the Department uses in approving sampling and analytical procedures in certain instances when sampling and analysis is required by these regulations, a permit, or an order issued by the Department. The Hazardous Waste Commission recognizes that because of certain location, waste or contamination-specific criteria and varying needs for which sampling and analysis may be required, a variety of different sampling and analytical techniques may be appropriate. The Commission also recognizes that, in addition to those methods referred to in the regulations, other equally valid sampling and analytical methods may exist that persons managing hazardous waste or contaminated media or debris may want to use in light of location, waste or contamination-specific criteria.

Alternative sampling and analytical methods and equipment are necessary where the conformity with the prescribed method may result in collection of data that is not accurate or does not have sufficient sensitivity or precision due to the physical and chemical properties of the materials involved. Section 260.12 provides that determinations to use different sampling or analytical methods or equipment may be made on a situation-specific basis in cases where the regulations do not mandate the use of a particular procedure. Section 260.12 specifically recognizes the Department's authority to approve methods that are adequate to achieve the desired performance objectives to assure that appropriate sensitivity, accuracy, precision, and safety are achieved.

To ensure that appropriate methodologies are being employed to achieve adequate analytical performance objectives, the Department evaluates sampling and analysis procedures based upon the method performance as compared to the specific objectives of the investigation. The specific criteria evaluated include: accuracy, precision, sensitivity, and safety weighed against the project's goals. Other factors that are considered, when appropriate, include laboratory practices, cost, availability, and relevant historical data, when available. Conducting such reviews assists the Department in its goal of ensuring that data reflective of sample composition and an acceptable degree of scientific certainty is generated through the application of consistent Quality Control.

Implementation of this rule should also decrease the amount of questionable or inaccurate data produced, and consequently the amount of resampling and reanalysis necessary, thereby reducing the overall cost to all persons involved.

The procedures outlined in Section 260.12 do not apply where the hazardous waste regulations specify a particular sampling and analytical method, as outlined below. Any changes to specified methods must be approved through a rulemaking petition as provided in § § 260.20 and 260.21. As stated in the Federal Register, Vol. 60, No.9, Jan. 13, 1995, pp.3089 and 3090, and incorporated herein by reference:

Several of the hazardous waste regulations under subtitle C of RCRA require that specific testing methods described in SW-846 be employed for certain applications. Any reliable analytical method may be used to meet other requirements in 40 CFR part 260 through part 270.

Mandatory usage of specific testing methods include:

1) Section 260.22(d)(1)(i);
2) Section 261.22(a)(1) and (2);
3) Section 261.24(a);
4) Section 261.35(b)(2)(iii)(A);
5) Sections 264.190(a), 264.314(c), 265.190(a), and 265.314(d);
6) Sections 264.1034(d)(1)(iii), and 265.1034(d)(1)(iii);
7) Sections 264.1063(d)(2), and 265.1063(d)(2);
8) Section 266.106(a);
9) Section 266.112(b)(1) and (2)(i);
10) Section 268.32(i);
11) Sections 268.40(a), (b), and (f), 268.41(a), and 268.43(a);
12) Section 268.7(a);
13) Sections 270.19(c)(1)(iii) and: (iv), and 270.62(b)(2)(i)(C) and (D); and
14) Sections 270.22 (a)(2)(ii)(B) and 270.66(c)(2)(i) and (ii).

Statement of Basis and Purpose - Rule-making Hearing of January 21, 1997

Notes

6 CCR 1007-3-8.27
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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