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