These amendments to 6 CCR 1007-3, Parts 261, 268, and 273
are made pursuant to the authority granted to the Hazardous Waste Commission in
section 25-15-302(2),
C.R.S.
Conformance with the Carbamate Vacatur
In a June 17, 1997 Federal Register (62 FR 32974-32980),
the Environmental Protection Agency (EPA) amended its regulations to conform
with the federal appeals court ruling in Dithiocarbamate Task Force v. EPA, 98
F.3d 1394 (D.C.Cir. 1996), that invalidated in part, Agency regulations listing
certain carbamate wastes as hazardous wastes under the Resource Conservation
and Recovery Act (RCRA). These regulations pertain to hazardous waste
management of carbamate industry wastes under RCRA, related rules affecting the
list of hazardous substances under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), and regulations issued under state
programs approved by the Administrator. Under the court's decision, and as
reflected in the June 17, 1997 rule, the vacated federal hazardous waste
listings and regulatory requirements based on those listings are to be treated
as though they have never been in effect. State regulations, which may be more
stringent than federal rules, were not necessarily affected by the court's
ruling.
While the state has the authority to be more stringent than
the federal program, this was not the intent of the Commission when originally
promulgating state analogs to the federal regulations for carbamate wastes. At
this time, the Commission is adopting revisions to the state analogs to
maintain consistency and provide equivalency with the amendments of the June
17, 1997 rule (62 FR 32974-32980).
The amendments being adopted at this time include the
following revisions:
1) Amending the
table at § 261.32 to remove the entry for K160, and revising the listings
for K156, K157, and K158 to reflect the fact that they do not apply to wastes
from the production of 3-iodo-2-propynyl n-butylcarbamate (IPBC).
2) Amending the table at § 261.33(f) to
remove the following twenty four U wastes that were vacated: U277, U365, U366,
U375, U376, U377, U378, U379, U381, U382, U383, U384, U385, U386, U390, U391,
U392, U393, U396, U400, U401, U402, U403, and U407.
3) Amending Appendix VII to Part 261 by
removing the entire entry for EPA hazardous waste number K160.
4) Amending Appendix VIII to Part 261 by
correcting typographical errors in the listings for Potassium
n-hydroxymethyl-n-methyl-dithiocarbamate and Tetramethylthiuram monosulfide;
and by removing the associated hazardous waste codes for the carbamate wastes
that were vacated.
5) Amending the
land disposal restriction (LDR) regulations of § 268.39(a) and (d) to
remove the U and K wastes vacated by the court.
6) Amending the listings for K156, K157, and
K158 in the table at § 268.40 to reflect the fact that they do not apply
to wastes from the production of 3-iodo-2-propynyl n-butylcarbamate (IPBC).
This Basis and Purpose incorporates by reference the
preamble language for the Environmental Protection Agency regulations published
in the Federal Register at 62 FR 32974-32980, June 17, 1997.
Amendment of § 261.21
Paragraph (a)(4) of § 261.21 is being amended at this
time by replacing the reference to "49 CFR §
173.151" with the
proper reference citation of "49 CFR 173.127" as the correct
location for the definition of "oxidizer".
Amendment of § 261.23
Paragraph (a)(8) of § 261.23 is being amended at this
time by replacing the current references for the U.S. Department of
Transportation (DOT) definitions and classifications of forbidden and Class A
and B explosives with the proper reference citation of "49 CFR
173.50" to reflect the location of the new
DOT classification codes for Class 1, Division 1.1, 1.2, and 1.3 explosives;
and by referencing "49 CFR
173.54" as the correct location for the
definition of "forbidden explosive".
Amendment of the U021 and U240 Listings in the table
at § 268.40
These amendments revise the listings for U021 and U240 in
the table at § 268.40 by changing the treatment standard of "INCIN", which
specifies hazardous waste incineration, to "CMBST", which allows combustion in
incinerators, boilers, and industrial furnaces. The new CMBST standard was
inadvertently omitted from the U021 and U240 listings when the Hazardous Waste
Commission adopted state analogs to EPA's Land Disposal Restrictions (LDR)
Phase III rule at their August 19, 1997 hearing. These amendments provide state
equivalency with the federal LDR Phase III requirements which were published in
the Federal Register on April 8, 1996 (61 FR 15566-15660).
Amendment of § 273.14 and §
273.34
These amendments to paragraphs (b) and (c) of §
§
273.14 and 273.34 correct inaccurate references for universal waste pesticides
that exist in the current regulations. Paragraphs (b) of §
§ 273.14
and 273.34 are being revised at this time to replace "§ 273.3(a)(1)" with
"§ 273.2(b)(1)(i)" as the correct citation for the location of the
description of recalled universal waste pesticides. Paragraphs (c) of §
§ 273.14 and 273.34 are being revised at this time to replace "§
273.3(a)(2)" with "§ 273.2(b)(l)(ii)" as the correct citation for the
location of the description of unused universal waste pesticides.
Correction of Typographical Errors and Inadvertent
Omissions
These amendments update the table of contents for Part 268
by adding a listing for Appendix XI; and revise line (c) of the § 273.6
definition of "Universal Waste" by adding a semicolon at the end of the
sentence.
Statement of Basis and Purpose - Rule-making Hearing
of May 19, 1998
Notes
6 CCR 1007-3-8.33
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
