6 CCR 1007-3-8.55 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 262 and 264 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Environmental Leadership Program

These amendments revise Part 262 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to correspond to National Environmental Performance Track regulations promulgated by the Environmental Protection Agency (EPA) and published in the Federal Register on April 22, 2004 (69 FR 21737-21754), and as amended on October 25, 2004 (69 FR 62217-62224).

Colorado's Environmental Leadership Program (http://www.cdphe.state.co.us/el/elp/elphom.asp) is a statewide environmental recognition and reward program administered by the Colorado Department of Public Health and Environment's (Department's) Sustainability Program. The Environmental Leadership Program (ELP) is designed to recognize and encourage top environmental performers-those companies that voluntarily go beyond compliance with state and federal regulatory requirements to attain levels of environmental performance and management that provide greater benefit to people, communities, and the environment. This voluntary incentive and recognition program encourages program members to focus on issues important to their communities and to take a creative approach to solve local problems and achieve environmental goals.

The Colorado Department of Public Health and Environment and the U.S. Environmental Protection Agency have worked together to align the Colorado Environmental Leadership Program and EPA's National Environmental Performance Track (NEPT). This allows companies, municipalities and other organizations to apply to one or both programs with one application and submit only one annual report while receiving the benefits of both programs.

The Gold Level of Colorado's Environmental Leadership Program is equivalent to EPA's National Environmental Performance Track, and is currently the highest level of environmental recognition awarded by the state. Interested companies or organizations must apply to the program and meet a number of criteria to be eligible for membership. For example, leadership members must have a comprehensive and operational environmental management system that includes continual environmental improvement goals and a community outreach plan. In exchange for the environmental commitment and superior environmental performance, Colorado's leadership program provides benefits and incentives such as recognition, regulatory flexibility, public-private partnerships, networking and technical assistance to its environmental leaders. Initially, members are accepted into the Environmental Leadership Program for a three-year term. Prior to the end of the initial membership term, members are evaluated by the Department and the term extended if continual environmental goals and other leadership criteria continue to be met.

Today's amendments are applicable to entities that are members of both Colorado's Environmental Leadership Program and EPA's National Environmental Performance Track. These amendments allow large quantity generators (LQGs) of hazardous waste that are Gold Level members of Colorado's Environmental Leadership Program and members of EPA's National Environmental Performance Track to accumulate hazardous waste for up to 180 days (or up to 270 days in certain cases) without a RCRA permit or without having interim status, subject to certain limitations and conditions. Under the current standards of § 262.34 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), LQGs may accumulate hazardous waste on-site for up to 90 days without having to obtain a RCRA permit. Today's extended accumulation time requirements are being added as new paragraphs k, l, and m to § 262.34 of Colorado's hazardous waste regulations.

These amendments provide state equivalency with the federal rules that were published in the Federal Register on April 22, 2004 (69 FR 21737-21754), and amended on October 25, 2004 (69 FR 62217-62224). These amendments are considered less stringent than the existing state regulations because it allows more than the 90 days of accumulation time that is in the existing regulations. Colorado is, therefore, not required to adopt state analogs to these requirements.

The regulatory flexibility of these provisions is intended to serve as an incentive for facility membership in Colorado's Environmental Leadership Program and EPA's National Environmental Performance Track while ensuring the current level of environmental protection by the relevant RCRA provisions. The Department believes that additional accumulation time will allow generators to accumulate enough waste to make transportation to waste management facilities more cost effective and efficient for the generator. The Department also believes that additional accumulation time may result in environmental benefits related to the reduction in the movement and handling of hazardous waste on-site, as well as fewer off-site shipments. This additional accumulation time for Colorado Environmental Leadership Program and EPA National Environmental Performance Track members is also consistent with the rationale used for the F006 (metal finishing) hazardous waste rule (65 FR 12377, March 8, 2000) for which the Hazardous Waste Commission adopted state analogs at its November 21, 2000 Hearing.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 69 FR 21737-21754, April 22, 2004, and as amended at 69 FR 62217-62224, October 25, 2004.

Amendment of Appendix VII to § 264.348

The Nonmetals-Residue Concentration Limits section of Appendix VII to § 264.348 - Health-Based Limits for Exclusion of Waste-Derived Residues is being amended to add constituent listings and concentration limits for numerous constituents that were inadvertently omitted from Appendix VII when the appendix was adopted as part of the June 17, 2003 Hazardous Waste Commission rulemaking regarding Amended Regulations for Burning Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces. These amendments provide state equivalency with the federal regulatory requirements of 40 CFR Part 266 , Appendix VII of the Environmental Protection Agency.

Correction of Typographical Errors and Omissions

In addition these amendments also correct typographical errors that occur in Appendix IX to § 264.348 of the current regulations.

Statement of Basis and Purpose - Rulemaking Hearing of June 21, 2005

Notes

6 CCR 1007-3-8.55
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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