6 CCR 1007-3-8.51 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261, 264, 265, 267, Part 100 and Part 6 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Zinc Fertilizers Made From Recycled Hazardous Secondary Materials

These amendments revise § § 261.4 and 267.20 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to correspond to federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on July 24, 2002 (67 FR 48393-48415).

This rule puts in place a new, more coherent system for regulating the practice of manufacturing zinc fertilizers from hazardous secondary materials, and establishes conditions under which such materials can be recycled to produce fertilizers without the materials or the fertilizers being regulated as hazardous wastes.

The intent of these new regulations to create a more consistent and comprehensive regulatory framework for such recycling activities, will make industry more accountable for those activities, will establish more appropriate limits on contaminants in zinc fertilizers made from hazardous secondary materials, and in general will promote safe, beneficial recycling in the zinc fertilizer industry.

The amendments being adopted at this time include:

1) Revising § 267.20(b) to remove the exemption from land disposal restrictions (LDR) treatment standards for zinc fertilizers made from electric arc furnace dust, or K061;
2) Adding § 267.20(d) which excludes fertilizers that contain recyclable materials from being subject to RCRA regulation provided that:
a. They are zinc fertilizers excluded from the definition of solid waste according to § 261.4(a)(21) of the regulations; or
b. They meet the applicable treatment standards in Subpart D of Part 268 of the regulations for each hazardous waste they contain.
3) Adding § 261.4(a)(20) which establishes a conditional exclusion from the RCRA regulatory definition of solid waste for hazardous secondary materials that are legitimately recycled to make zinc micronutrient fertilizers; and
4) Adding § 261.4(a)(21) which establishes conditions (chiefly concentration limits for certain heavy metals and dioxins) under which zinc fertilizers produced from hazardous secondary materials are not classified as solid wastes, and hence are not subject to RCRA subtitle C regulation.

The conditional exclusion from the definition of solid waste for hazardous secondary materials used in zinc fertilizers is less stringent than existing state standards, and Colorado is not required to adopt these provisions. The elimination of the exemption from LDR treatment standards for K061 derived fertilizers is more stringent than existing state standards, and Colorado is required to adopt this provision. 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 67 FR 48393-48415, July 24, 2002.

Removal of the Conditional Exemption for Certain Slag Residues

These amendments revise § 267.20 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to correspond to federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on August 24, 1994 (59 FR 43496-43500).

Section § 267.20 is being amended at this time so that certain uses of slag residues produced from the high temperature metal recovery (HTMR) treatment of electric arc furnace dust (EPA Hazardous Waste No. K061), steel finishing pickle liquor (K062), and electroplating sludges (F006) are not exempt from RCRA Subtitle C regulations. Specifically, this rule adds a new paragraph (c) to § 267.20 which prohibits anti-skid/de-icing uses of HTMR slags derived from K061, K062, and F006 as waste-derived products placed on the land, unless there is compliance with all Subtitle C standards applicable to land disposal.

The elimination of the conditional exemption provision for certain slag residues is more stringent than existing state standards, and Colorado is required to adopt this provision. 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 59 FR 43496-43500, August 24, 1994.

Mixture and Derived-From Rules Revision

These amendments revise § 261.3 of the Colorado Hazardous Waste Regulations (6 CCR 10073) to correspond to federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on May 16, 2001 (66 FR 27266-27297), and amended on October 3, 2001 (66 FR 50332-50334).

The amendments being adopted at this time include:

1) Removing and reserving § 261.3(a)(2)(iii);
2) Revising § 261.3(a)(2)(iv) and § 261.3(c)(2)(i) to include a reference to § 261.3(g); and
3) Adding paragraphs (g)(1) through (g)(4) to § 261.3.

Colorado is not adopting a state analog to the federal mixed waste exemption of 40 CFR § 261.3(h). Pursuant to 40 CFR § 261.3(h), mixed waste (i.e., wastes that are both hazardous and radioactive) are conditionally exempt from the mixture and derived-from rules, provided the mixed waste is handled in accordance with 40 CFR part 22 , Subpart N. The regulation of mixed waste in Colorado will continue to be subject to the mixture and derived-from rules.

These amendments are less stringent than existing state standards, and Colorado is not required to adopt these provisions. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the applicable preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 66 FR 27266-27297, May 16, 2001; and as amended at 66 FR 50332-50334, October 3, 2001, for which state analogs are being adopted at this time.

Amendment of § 261.4(a)(17) and § 261.24(a)

These amendments revise § § 261.4 and 261.24 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to correspond to federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on March 13, 2002 (67 FR 11251-11254).

These amendments revise § 261.4(a)(17) and § 261.24(a) of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to provide state equivalency with the federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on March 13, 2002 (67 FR 11251-11254). The federal rule was promulgated in response to vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit in Association of Battery Recyclers, v. EPA 208 F.3d 1047 (2000).

The amendments being adopted at this time include:

1) Revising Section 261.4(a)(17) to replace the term "secondary materials" (which includes sludges and by-products, as well as spent materials) with the more narrow term "spent materials". These changes inform the public that mineral processing characteristic sludges and by-products being reclaimed are not solid wastes, and mineral processing characteristic spent materials remain eligible for the conditional exclusion when being reclaimed.
2) Revising Section 261.24(a) to exempt manufactured gas plant (MGP) wastes from the

Toxicity Characteristic regulation. As a result, the Toxicity Characteristic Leaching Procedure (TCLP) may not be used to determine whether MGP waste exhibits the characteristic of toxicity.

The Commission already adopted amendments to § 261.2(c)(3) of the state hazardous waste regulations at the time of its November 21, 2001 Rulemaking Hearing to be consistent with the court's decision. 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 67 FR 11251-11254, March 13, 2002.

Amendment of § 6.04

Section 6.04 is being amended by revising paragraph (a) to reflect the annual Commission fees to be assessed for fiscal year 2003-2004.

Revision of Appendix I to § 100.63

Appendix I to § 100.63 is being revised to replace the current version with a reformatted version of the Appendix, and to correct typographical errors that exist in paragraphs C.4., C.6., C.7.a., C.7.b., C.8.a., F.2., F.4.a., F.4.b., and G.1. of the current version. Section L. of the appendix is also being revised as part of the rulemaking regarding "Amended Regulations for Burning Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces".

Amendment of § 265.193(i)

The wording of § 265.193(i) is being amended to revise the language of the state analog to correspond to the wording of the federal provision at 40 CFR § 265.193(i). Section 265.193(i) is being amended by revising paragraph (i)(2), deleting paragraph (i)(3), and renumbering paragraphs (i)(4) and (i)(5) as (i)(3) and (i)(4). These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency, and are being made in response to EPA comments regarding authorization of the State program.

Correction of Typographical Errors and Inadvertent Omissions

These amendments correct typographical errors and inadvertent omissions that exist in § § 264.1(j)(10), 264.554(b), 267.70(b)(3), 267.80, 100.21(d)(3)(ii)-(iii), 100.27(b)(3), 100.27(b)(4)(viii), 100.27(b)(5), 100.27(f)(1)(iv)(D), 100.31(b)(5)(ii), 100.41(b)(12)(v)(C) 100.61(a)(5), 100.61(c), 100.63(a)(1)(ii), 100.63(b)(2), 100.63(c)(2), and 100.63(e)(2)(iii) of the current regulations, and provide state equivalency with the applicable federal requirements.

Statement of Basis and Purpose - Rulemaking Hearing of June 17, 2003

Notes

6 CCR 1007-3-8.51
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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