6 CCR 1007-3-8.5 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 264, 265, 266, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Land Disposal Restrictions

These amendments delete the May 8, 1992 effective date contained in the current regulation and revise the existing prohibitions of land disposal to include debris contaminated with 268.10, 268.11 and 268.12 wastes and debris contaminated with any characteristic wastes having Subpart D, Part 268 treatment standards. These amendments provide state equivalency with the regulatory requirements of the 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 57 FR 20766-20770, May 15, 1992.

Delay of Closure Period for Hazardous Waste Management Facilities

On August 14, 1989, the Environmental Protection Agency (EPA) amended portions of the closure requirements under subtitle C of the Resource Conservation and Recovery Act (RCRA) applicable to owners and operators of certain types of hazardous waste facilities. The August 14, 1989 final rule details the limited circumstances under which a landfill, surface impoundment, or land treatment unit may remain open after the final receipt of hazardous wastes in order to receive non-hazardous wastes in that unit, and describes the conditions applicable to such units. These amendments provide state equivalency with the regulatory requirements of the 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 54 FR 33376-33398, August 14, 1989.

Hazardous Waste Management System: Testing and Monitoring Activities

On September 29, 1989, The Environmental Protection Agency (EPA) published regulations which adopt 47 testing methods as approved methods for use in meeting the regulatory requirements under subtitle C of the Resource Conservation and Recovery ACT (RCRA). These new methods are found in the Third Edition of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", Office of Solid Waste Publication SW-846, and its Revision I. A March 9, 1990 technical correction to this September 29, 1989 final rule adds a list of the 47 analytical testing methods to the section of the regulations that incorporates these methods by reference, § 260.11(a). This amendment also corrects Tables 2 and 3 of Appendix III to Part 261. These amendments provide state equivalency with the regulatory requirements of the 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 54 FR 40260-40269, September 29, 1989, and at 55 FR 8948-8950, March 9, 1990.

Land Disposal Restrictions for Newly Listed Wastes and Hazardous Debris

On August 18, 1992, the Environmental Protection Agency adopted regulations finalizing treatment standards under the land disposal restrictions (LDR) program for certain hazardous wastes listed after November 8, 1984, pursuant to a proposed consent decree filed with the District Court that established a promulgation date of June 1992 (EDF v. Reilly, Civ. No. 89-0598, D.D.C). These regulations also finalize revised treatment standards for debris contaminated with listed hazardous waste or debris that exhibits certain hazardous waste characteristics, and several revisions to previously promulgated standards and requirements. These amendments provide state equivalency with the regulatory requirements of the 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 57 FR 37194-37282, August 18, 1992.

Identification and Listing of Hazardous Waste: CERCLA Hazardous Substance Designation Reportable Quantity Adjustment Coke By-Products Wastes

On August 18, 1992, the Environmental Protection Agency amended its regulations under RCRA by listing as hazardous seven wastes generated during the production, recovery, and refining of coke byproducts produced from coal. These wastes are: K141 through K145, K147 and K148. Appendix VII of Part 261 is also amended by adding the constituents for which these wastes are being listed. In addition, this amendment finalizes the proposed determination not to list as hazardous wastes, wastewaters from coking and tar refining operations. These amendments provide state equivalency with the regulatory requirements of the 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 57 FR 37284, August 18, 1992.

Correction of Typographical Errors and Omissions

In addition these amendments also correct typographical errors and inadvertent omissions that occur in the current regulations.

Statement of Basis and Purpose - Rule-making Hearing of November 16, 1993

Notes

6 CCR 1007-3-8.5
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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