6 CCR 1007-3-8.48 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 266 and Part 6 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Revision of the Hazardous Waste Listings for Chemical Weapons and Mustard Agent

These amendments correct an error that currently exists in the military munitions listings (K901 and K902) and the Mustard Agent listing (P909). The error involves the omission of certain language from the listings. The language is necessary in order to clarify the appropriate waste code applicable to these wastes.

The amendments being adopted at this time include:

1) Adding a clarifying sentence to the P909 listing in § 261.33(e); and
2) Revising the K901 and K902 listings in § 261.32 to add a reference to the P909 listing.

The current military munitions waste code listings K901and K902, as described in § 261.32 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), include residues resulting from treatment of hazardous waste with codes P910 and P911 and soil, water, debris or containers contaminated through contact with hazardous waste listed as P910 or P911. Accordingly, the P910 and P911 hazardous waste code listings exclude those same wastes that are listed under the K901 or K902 hazardous waste codes. The language in these listings is intended to prevent multiple waste codes from applying to the same waste. If this language was not included in these listings, wastes that carry either the K901 or K902 waste codes might also carry the P910 or P911 waste codes based on the mixture or derived from rules.

For the same reasons, the K901 and K902 waste code listings should have also included a reference to the P909 waste code listing. Moreover, the P909 hazardous waste code listing should have also excluded wastes similar to those in the P910 and P911 waste code listings.

These amendments to the K901, K902 listings in § 261.32 and the P909 listing in § 261.33(e) of the regulations correct this error and help to clarify the appropriate waste code that should be applied to these wastes.

Amendment of § 6.04

Section 6.04 is being amended by revising paragraph (b) to require that any entity or person required to pay an annual fee under § 6.04 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) shall pay that fee by September 15th of each year. The date is being changed to move these payments earlier into the state fiscal year. The previous due date for payment of this fee was November 15 of each year.

In addition, § 6.04 is being amended by revising paragraph (a) to reflect the annual Commission fees to be assessed for fiscal year 2002-2003.

Change of Official EPA Mailing Address

This amendment revises section 260.11(a)(11) to remove the phrase "OSW Methods Team, 401 M St., SW" and adds in its place "OSW Methods Team, 1200 Pennsylvania Ave., NW." This amendment updates the official mailing address for EPA, due to the relocation of the majority of its Headquarters offices to downtown Washington, DC.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 66 FR 34374-34376, June 28, 2001.

Correction of Typographical Errors and Inadvertent Omissions

These amendments correct typographical errors and inadvertent omissions that exist in § § 261.33(e), 266.12(c), 266.13(a), 266.14(e)(9) and 266.14(g)(5) of the current regulations, and provide state equivalency with the applicable federal requirements.

Statement of Basis and Purpose - Rulemaking Hearing of July 16, 2002

Notes

6 CCR 1007-3-8.48
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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