6 CCR 1007-3-8.35 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 264, and 265 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Testing and Monitoring Activities Amendment III

These amendments incorporate Update III to the Third Edition of the EPA-approved test methods manual "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 in § 260.11(a) for use in complying with the requirements of subtitle C of RCRA as outlined in 62 FR 32452-32463, June 13, 1997. The intent of this action is to provide state-of-the-art analytical technologies for RCRA-related testing, thus promoting cost effectiveness and flexibility in choosing analytical test methods, as well as clarifying the RCRA Program's approach to working toward the Performance Based Measurement System (PBMS).

The use of SW-846 in complying with the requirements of RCRA is limited to specific areas of RCRA. These areas were cited in the Hazardous Waste Commission's Statement of Basis and Purpose from the Rulemaking Hearing on November 19, 1996 for the adoption of 6 CCR 1007-3, Section 260.12, and, more recently, in the issuance of Joint Guidance from the NRC and EPA regarding testing requirements for Mixed Radioactive and Hazardous Waste (see 62 FR 62093, November 20, 1997). Generally, those areas requiring the use of SW-846 are limited to delisting petitions, waste testing for the corrosivity and toxicity characteristics, evaluating decontamination rinsates, free liquid determinations, organic process vent emissions testing, metallic emissions of BIFs, certain Land Disposal Restriction testing, and testing associated with incinerator unit trial burn demonstrations. A closer examination of the changes to SW-846 with respect to these areas which require "currently approved SW-846 methods" reveals the following:

1. There are no changes to the determination of the corrosivity characteristic. The appropriate methods remain SW-846 method 9040B (pH electrometric) and method 1110 (Corrosivity towards Steel). The "B" suffix designation of method 9040 indicates that this method has been revised twice: once in Update II, and again in Update IIB. These revisions were clarifying revisions incorporating narrative language necessary to assure proper operation of the method, to account for the variety of pH instruments commercially available, and included no substantive changes to the method.
2. There are no changes to the determination of free liquids. The appropriate method remains SW-846 method 9095A. The "A" suffix designation of method 9095 indicates that this method has been revised once in Revision 1. This revision was a clarifying revision incorporating narrative language necessary to assure proper operation of the method, and included no substantive changes to the method.
3. There are no changes to SW-846 method 1311 the Toxicity Characteristic Leaching Procedure ("TCLP") which is a preparatory method. However, there are changes to the determinative methods which would be used on extracts developed with the TCLP.
3.a. TCLP metals analysis may be accomplished by acid digestion and Atomic Absorption Flame and Furnace methods for the RCRA metals. Neither the digestive procedures, nor the AA methods are modified by this rule. The last modifications to the digestive procedures, methods 3005A, 3010A, 3015,3020A, 3031, 3040A, and 3051A, occurred in Revision 2 (12/96). These changes were not substantive, but informational. However, in the proposed rule of 63 FR 25436, May 8, 1998, the EPA proposes to collapse each individual AA method (except Mercury method 7471B) with its own peculiar method number into a single integrated AA method, 7000B. The Department feels that the present numbering system for these methods is onerous, and the Department would wholeheartedly support legitimate efforts to simplify implementation because such actions are beneficial.
3.b. TCLP metals analysis may also be accomplished by acid digestion and Inductively Coupled Argon Plasma Emission Spectrometry ("ICP" or "ICAP"). As stated previously, the digestive methods have not been changed since Revision 2, but this rule (62 FR 32452-32463 June 13, 1997) does change method 6010A to 6010B which broadly incorporates requirements necessary for the operation of the two types of geometry available in commercial instruments (radial and axial) as well as fully accommodating the optical detection configurations commercially available (sequential and simultaneous). Method 6010B incorporates informational changes that provide necessary information regarding dealing with chemical and physical interferences, background correction, and spectral overlap. The only substantive changes to the ICP methodology with an effect on Toxicity Characteristic determinations is the requirement for the laboratory to verify and update spectral correction factors, or multi-variate correction matrices every six months, or when maintenance is performed on the torch, nebulizer, injector, or when plasma conditions change. Another change with no effect on the Toxicity Characteristic determination is the incorporation of an internal standard for raw groundwater analyzed without a digestive procedure. The Department considers both of these changes necessary, and consistent with Good Laboratory Practices.
3.c. TCLP volatile analysis may occur using only the methods 8021B, or 8260B. This rule (62 FR 32452-32463 June 13, 1997) discusses the collapse of methods 8010 (halogenated volatiles by gas chromatography-Electrolytic Conductivity Detector ("ELCD")), and 8020 (aromatic volatiles by gas chromatography-Photoionization Detector ("PID")) into one method 8021B using both detectors in series with a wide bore capillary column (0.53 or 0.75 mm ID X 60 meter). The elimination of packed column chromatography for the determination of TCLP extracts is thought, by the Department to be inappropriate. Furthermore, using these detectors in series offers no particular advantage to either the laboratory, industry, or the Department. Several laboratories operate parallel systems using a single injector with two columns each introducing eluate to a pair of ELCDs for instantaneous confirmation, or a ELCD-PID pair which affords instantaneous confirmation of those compounds containing chlorine, and a point of unstaturation (double bond). The 8021B method does state that systems operated with a single detector, either an ELCD or a PID, may be employed (method 8021B, paragraph 2.1), but this implies that a laboratory must have a second system, or a GC/MS system to confirm the presence of the detected analyte. The 8260B method is revised by this rule, but the method itself does not substantially change. Principle modifications to the 8260B method include language discussing the use of Selected Ion Monitoring ("SIM") for low concentration applications, or when interferants are present, and an expanded narrative containing guidance on method operation, quality control, and interface methods.

Volatile interface methods are modified by this rule, but these modifications do not substantially modify approaches to the TCLP. The Department has concerns about the cost, applicability, and safety regarding these new interface methods, and their use in other RCRA sampling. The interface methods added by this modification include 5021 -Equilibrium Headspace for Soils, 5030B-Purge and Trap for Aqueous Samples, 5031 -Azeotropic Distillation for non-purgable water soluble compounds, 5032-Vacuum Distillation, and 5035-Closed System Purge and Trap for Soil and Waste. Methods 5012 and 5035 employ "closed systems" and the use of acids which are not intrinsically safe to sampling crews, or laboratory chemists. Method 5031 includes narrative language discussing the notion that oxygenated volatile compounds do not perform well in Purge and Trap when acid preservation is employed; a fact established by the Department with the collection of empirical data. Of all of these interface methods, only 5030B-Purge and Trap is applicable to TCLP leachates, and this method is, fundamentally, the same Purge and Trap procedure used presently in most laboratories.

3.d. TCLP organochlorine pesticide analysis may occur with the use of method 8081A which is modified by this rule (62 FR 32452-32463 June 13, 1997) to set apart the organochlorine pesticides from PCBs and their congeners. The substantial modifications of this method are intended to promote the ease of qualitative and quantitative determinations for organochlorine pesticides by the use of preparation techniques and operating conditions that are exclusionary to PCBs. The elimination of packed column chromatography for the determination of TCLP extracts is thought, by the Department to be inappropriate. Examination of method 8082, though not specifically for TCLP target analytes, represents a significant improvement to the identification and quantitative determination of either the Arochlor, or its congeners by explicit qualitative/quantitative definition, preparation techniques, and operating conditions. Since method 8082 is not specifically required for regulatory compliance, the previous method 8080A may be employed.
3.e. TCLP organophenol analysis may occur with the use of method 8041 which was modified by Revision 0 in December of 1996, or 8270C modified by this rule. Modifications to method 8270C are informational to include language discussing the use of Selected Ion Monitoring ("SIM") for low concentration applications, or when interferants are present, and an expanded narrative containing guidance on sample preparation, method operation, and quality control.
3.f. TCLP for the chlorinated phenoxyacid herbicides occurs by method 8151A modified by this rule. The principal modification involves the expansion of derivatization methodology to include methylation and pentafluorobenzylation. The allowable derivatization agents in 8151A are pentafluorobenzyl bromide and diazomethane. The Department supports the inclusion of pentafluorobenzylation as an alternative for industry and laboratories which is appropriate for the determination of extremely low concentrations of the target analytes, but such an approach is not necessary to determine the concentrations of 2,4-Dichlorophenoxy acetic acid ("2,4-D") and Silvex ("2,4,5-TP") at or above the concentrations of concern for these analytes for TCLP (10 ppm for 2,4-D and 1 ppm for 2,4,5-TP). The Department is more concerned about the use of diazomethane which is a toxic, carcinogenic, explosive gas for these determinations. The Department feels that EPA's failure to allow the use of equivalent (and safer) approaches such as the use of the Lewis acid, Boron Trifluoride/Methanol, or Trimethylsilyldiazomethane as methylation derivatization reagents have not kept up with current knowledge of synthetic chemistry.
4. The federal government considers SW-846 methods to be used as trace analytical methods to demonstrate that a waste does not contain constituents that require management as a hazardous waste (see 62 FR 32457). Therefore, delisting petitions offered to reflect the requirements 6 CCR 1007-3, Section 260.22, must utilize "current approved SW-846 methods". This section describes the steps necessary to remove a site specific waste from the hazardous wastes lists. To date, the Department has worked with only two delisting petitions, and experience has shown that it is beneficial for any regulated industry contemplating delisting wastes to participate in substantative discussions with the Department regarding the particular selection of sampling and analytical methods for this purpose. The discussions presented here are intended to provide material guidance in these method selections, but to conserve costs and accurately represent the nature of wastes proposed for delisting, interaction between the Department and industry is highly recommended. This discussion is relevant to determinations made on equipment rinsates as well.
5. The only change to organic process vent emission testing required by this rule (62 FR 32452-32463 June 13, 1997) involves the use of method 8260B. The use of method 9060 is also required, but this rule does not alter the Total Organic Carbon method which was last modified in Revision 0 of September 1986. See the discussion on TCLP organic determinations.
6. The changes in requirements for BIFs by this rule (62 FR 32452-32463 June 13, 1997) are the required use of methods 0060, and 0061 for Total Stack Emissions and Hexavalent Chromium Emissions. These changes to these two methods are informational, clarifying language necessary to assure proper operation of the methods.
7. There are no changes to Land Disposal Restriction testing requirements instituted by this rule (62 FR 32452-32463 June 13, 1997). The specifications for treatment standards for Methanol and Carbon Disulfide are determined by use of a TCLP extract (see discussion of TCLP), and total/amenable cyanides by method 9010B are specified by a 10 gram sample (minimum) and a 30 minute distillation time. These changes were incorporated by the LDR Phase I, and Phase IV rules.
8. Colorado does not have an interim status, or permitted incinerator unit. Therefore, these changes are irrelevant to this discussion.

The federal regulatory impact analysis for this rule found that there was not a "significant regulatory impact" (see 62 FR 32461) This rule is presented as a simple, clarifying rule which explains the requirements and inherent flexibility in RCRA Testing and Monitoring. This analysis may not be entirely correct because certain applications are being phased out (specifically packed column chromatographic methodology), and newer methodologies employing capillary columns are being required. The Department does not think that this impact is unworkable, but questions whether deleting applicable, serviceable, and usable methods is the prudent thing to do. The Department does not think that this modification of SW-846 will bring new wastes into the hazardous waste universe because there are no changes to "method defined parameters" where the analytical result is wholly dependent on the process used to make the measurement. Changes to these parameters may change the end result, and alter the outcome of testing and analysis. The changes discussed in this rule (62 FR 32452-32463 June 13, 1997) are not of that nature. By and large, sampling precision is a much wider influence on the resulting data and is a larger contributor to the final result than the changes suggested in this rule.

The Department has always recognized those areas of RCRA which require the use of SW-846, and has allowed alternative methods where SW-846 is not mandatory. This was formally described in the language incorporated into 6 CCR 1007-3, Section 260.12 (a) and (b) where the Department specified the information necessary to allow the use of other sampling and analytical methods.

The Department has always operated in the belief that equivalent data obtained at a cost savings was beneficial to the implementation of RCRA in Colorado. Areas of RCRA such as Corrective Action and Permitting allow for the use of alternate methodology, provided that such methodology meets the Data Quality Objectives (performance objectives), or the reasons for sampling. Determinations of whether, or not SW-846 methods are required in a given circumstance has been complicated by uninformed and misdirected assertions that RCRA broadly requires the use of "currently approved SW-846 methods."

In the June 13, 1997 final rule (62 FR 32452-32463), EPA announced its interpretation to achieve a Performance Based Measurement System by deleting certain applicable, serviceable, and usable methods, and then stating that these deleted methods may be used provided that the Data Quality Objectives for the project are met. The Department interprets that SW-846 is a compendium of methodologies similar to other repositories of analytical methodology such as the American Organization of Analytical Chemists ("AOAC") method references, and that federal deletion of these referenced methods from the SW-846 in no way invalidates data generated by employing these methods in the past, or in the future. Any method which meets the specifications found in 6 CCR 1007-3, Section 260.12 (a) and (b) may be used when SW-846 is not specifically required. These applications may be published methodology, ready for immediate application with known performance characteristics such as: AOAC, American Water Works Association Methodology, Drinking Water Methodology, Clean Water Act Methodology, Contract Laboratory Program methods ("CLP"), American Society of Testing and Materials ("ASTM"), SW-846 methods from a previous edition or update, or methods researched and developed for a particular application provided that the Data Quality Objectives for the project are met.

In the environmental field, there is not a dearth of individuals educated and experienced in sampling, analysis, and the nuances of RCRA. Frequently, laboratory chemists are asked to render opinions regarding the use of particular methodology without fully knowing RCRA implications, or industry officials are tasked with determinations of applicable methodology without full knowledge of sampling and analytical method strengths and weaknesses. In a simpler world, information of this nature could be found in tabular form and presented for consultation. With the dollars actually being spent in the real world, cost savings from appropriately directed and designed sampling that meets or exceeds the purpose of sampling ought to be fully explored. A tabular presentation of the current state of knowledge in sampling and analysis of hazardous wastes has not been compiled; furthermore, such a document would most likely be obsolete prior to widespread use. To assist in directing sampling and analysis, the Department has always focused on the capture of useful data with sensitivities to cost. There exists the possibility that certain entities will insist upon the application of the most current SW-846 publication for any particular analysis when it is only required in certain instances. Implementing a Performance Based Measurement System will involve effort. This effort must be made in government and industry.

Presently, the only course of action to request consideration for another method when SW-846 is required is found at 6 CCR 1007-3, Section 260.21 which authorizes the Colorado Hazardous Waste Commission to entertain petitions submitted to use alternative methodology. On a national level, changes to those few areas where SW-846 is a requirement are being discussed, and the EPA has published a Notice of Intent to Reform Implementation of RCRA-Related Methods and Monitoring (see 63 FR 25430-25438, May 8, 1998). The direction of this dialog is known, but the precise outcome is not. The Department will participate in the debate, and comment on proposed changes, but the Department preceded the EPA by defining and implementing a Performance Based Measurement System approximately 1 1/2 years prior to the time that EPA issued this rule and interpretation. The Department's Performance Based Measurement System is continuously evolving to incorporate the forefronts of scientific inquiry where it is necessary, while allowing inexpensive, innovative applications of chemical measurements when the Data Quality Objectives of the project are met.

The Commission is not adopting the revisions made to 40 CFR Part 266 , Subpart H - "Hazardous Waste Burned in Boilers and Industrial Furnaces". Colorado has not adopted a state analog to 40 CFR Part 266 , Subpart H at this time. There are currently no BIFs seeking a permit or operating in Colorado. Operation of these devices is regulated in Colorado by the U.S. Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 62 FR 32452-32463, June 13, 1997.

Statement of Basis and Purpose - Rule-making Hearing of July 21, 1998


6 CCR 1007-3-8.35
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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