6 CCR 1007-3-8.34 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 262, 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.

Military Munitions Rule

Under RCRA section 3009, States are barred from implementing requirements that are less stringent than the Federal program. Under RCRA, authorized states are required to review and, if necessary, to modify their programs when EPA promulgates Federal standards that are more stringent or broader in scope than existing Federal standards.

With today's amendments, Colorado is revising its state hazardous waste regulations to adopt equivalent state analogs to the federal provisions in EPA's February 12, 1997 Military Munitions final rule (62 FR 6622) that EPA considered to be more stringent than the current requirements. These more stringent provisions include:

1) The requirement that military installations retrieve munitions fired off-range or keep a record of the event (§ 267.202(d)); and
2) The requirements that military personnel responding to immediate threats involving military munitions maintain records of the response (§ § 264.1(g)(8)(iv), 265.1(c)(11)(iv), and § 100.10(a)(8)(Federal citation §270.1 (c)(3)(iii))).

Additional amendments being made at this time include adding definitions for "explosives or munitions emergency response specialist" and "military munitions" into § 260.10, and adding definitions for "military" and "military range" into a new Subpart M - Military Munitions in Part 267.

The Division is evaluating additional revisions to the Military Munitions regulations as it completes its review of the DOD Explosive Safety Board standards which have recently been revised.

This Basis and Purpose only incorporates by reference the preamble language for the definitions and more stringent EPA regulations as published in the Federal Register on February 12, 1997 (62 FR 6622-6657) for which state analogs are being adopted at this time.

§ 262.20(f) Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties.

Colorado is amending the Part 262 hazardous waste generator standards to add a manifest exemption for transport of hazardous wastes on right-of-ways on contiguous properties. Section 262.20(f) exempts all generators and transporters of hazardous waste, not just the military, from the RCRA manifest requirements for the transportation of hazardous waste on public or private right-of-ways on (or bordering) contiguous properties under the control of the same person, regardless of whether the contiguous properties are divided by right-of-ways. This revision is less stringent than the current manifest requirements, and Colorado is not required to adopt this less stringent provision as part of its State program. This revision is expected to reduce the paperwork burden for hazardous waste generators whose property is divided by right-of-ways without loss in protection of human health.

Additionally, under § 263.10(a), use of a transporter with a Hazardous Waste Identification number is not required for the movement of hazardous waste because of this manifest exemption. The Department recognizes that generators and TSDFs taking advantage of this exemption must be able to respond to an emergency should one occur during the movement of hazardous waste on public roads within, between, or bordering contiguous properties. As a result, under § 262.20(f), the Department is specifying that the transporter requirements found at § 263.30 and § 263.31 concerning responding to discharges of hazardous waste on a public right-of-way will continue to apply to any discharge of hazardous waste on a public right-of-way.

This Basis and Purpose incorporates by reference the preamble language for the federal § 262.20(f) manifest exemption regulations as published in the Federal Register on February 12, 1997 (62 FR 6622-6657) for which a state analog is being adopted at this time.

Statement of Basis and Purpose - Rule-making Hearing of June 9, 1998

Notes

6 CCR 1007-3-8.34
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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