6 CCR 1007-3-8.32 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 263 and 268 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Part 263 Standards Applicable to Transporters of Hazardous Waste

These amendments to Part 263 of the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, are adopted by the Hazardous Waste Commission pursuant to section 25-15-302 of the Colorado Hazardous Waste Act.

These amendments include recommendations made by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division and the Part 263 Critical Review Team. As part of a department-wide initiative, Critical Review Teams ("CRTs") were formed to review all existing regulations for the purpose of determining whether the regulations are necessary or if the same goals could be accomplished in a non-regulatory manner. All CRTs, including the Part 263 CRT, consist of representatives from the affected Division, the regulated community and the public.

The Part 263 CRT's review focused on the effectiveness of the existing requirements for persons owning or operating transfer facilities as part of the transportation of hazardous waste in Colorado, including the repackaging and consolidation of shipments of manifested hazardous waste at transfer facilities.

The major amendments being adopted at this time include:

1) Revising § 263.11 to require a transporter to receive an EPA Identification number if they operate in Colorado and have a transfer facility.
2) Revising the transfer facility requirements of § 263.12 to require a transporter to include a listing of all their transfer facility locations and a general description of the activities at these transfer facilities as required under the notification requirements of Part 99 of the Colorado Hazardous Waste Regulations 6 CCR 1007-3. This requirement clarifies the existing requirement on notification for transporters.
3) Adding specific requirements for transporters of hazardous waste who mix hazardous wastes of different applicable Department of Transportation (DOT) shipping descriptions. (See § 263.12(c) through 263.12(e)(6)). These requirements are meant to clarify the currently existing requirements and are not substantively different from current federal and state requirements.
4) Adding § 263.40 containing specific notification and response requirements for spills, fires and explosions at transfer facilities. This requirement is more stringent than federal requirements.

These amendments to Part 263 clarify the existing requirements for transporters and for operations of transfer facilities. Through explicit incorporation of the applicable requirements of Part 262 into the Part 263 regulations, these amendments clarify the specific Part 262 requirements that apply to transporters of hazardous waste in Colorado. These clarifications of the requirements are intended to improve compliance with existing requirements and enhance protection of public health and the environment from any impacts from the handling of hazardous waste at transfer facilities.

The addition of provisions on response and reporting spills, fires, and explosions at transfer facilities are more stringent than federal requirements and are intended to improve the protection of public health and the environment related to impacts from operations at transfer facilities. Similar provisions are required for response to incidents that occur during active transportation but have not been previously included in the requirements for transfer facilities.

Emergency Revision of the Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes From Carbamate Production

In an August 28, 1997 Federal Register (62 FR 45568-45573), the Environmental Protection Agency (EPA) issued a second emergency revision extending the time that the alternative carbamate treatment standards are in place by one additional year (until August 26, 1998). Because the first emergency extension was due to expire on August 26, 1997, the Commission reserved § 268.40(g) rather than adopt the provision of 40 CFR § 268.40(g) as published in the Federal Register on August 26, 1996 (61 FR 43924-43931). Since the analytical problems which necessitated the 1996 emergency rule remain, EPA is extending the alternative treatment standards for carbamate wastes for one additional year.

To maintain consistency with the federal requirements and to remedy the state requirements of § 268.40(g) from inadvertently become more stringent than the federal program, the Commission is at this time revising the state analog to 40 CFR § 268.40(g) to adopt the federal extension of the alternative treatment standard provision. The Commission is also revising footnote 6 to the Universal Treatment Standards Table at § 268.48 to suspend the inclusion of carbamate waste constituents until August 26, 1998.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 62 FR 45568-45573, August 28, 1997.

Statement of Basis and Purpose - Rule-making Hearing of January 20, 1998


6 CCR 1007-3-8.32
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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