These amendments to 6 CCR 1007-3, Parts 261, 263, 265, 100
and 279 are made pursuant to the authority granted to the Hazardous Waste
Commission in §
25-15-302(2),
C.R.S.
Amendment of § 261.31(a) (Clarification of F019
hazardous waste listing)
Section 261.31(a) of the Colorado Hazardous Waste
Regulations (6 CCCR 1007-3) is being amended at this time by adding a
clarification note to the F019 hazardous waste listing defining "conversion
coating" as follows: "For the purposes of the F019 listing, conversion coating
is intended to include coloring, phosphating, and immersion plating when those
processes are used to impart a conversion coating on aluminum."
The existing listing description for the F019 wastewater
treatment sludge does not provide clarification to the regulated community as
to the definition of conversion coating. Therefore, many facilities that
operate a conversion coating process on aluminum do not recognize that the
associated wastewater treatment unit is generating an F019 listed hazardous
waste.
The purpose of this amendment is to help clarify the scope
of the F019 listing description by specifying what is considered to be included
in the definition of "conversion coating".
Amendment of § 263.12 (Transfer facility
requirements)
Section 263.12 of the Colorado Hazardous Waste Regulations
is being amended at this time by adding a new subparagraph (b)(1) as follows:
§ 263.12(b)(1) The owner or operator of a transfer facility must maintain
documentation to verify that the ten-day storage requirement of §
263.12(b) has been met. Information used to make this demonstration may include
hazardous waste manifests, log sheets, or other documentation showing the date
of waste arrival and shipment from the transfer facility.
The existing transfer facility requirements at 6 CCR
1007-3, § 263.12 do not require the owner or operator of a transfer
facility to document or otherwise demonstrate that the ten-day storage limit
has been met. In most cases, the date that the waste is placed into storage is
the same date identified on the manifest by Transporter 1. However, wastes are
often picked up on routes that may extend out of state and last several days
before being brought to the transfer facility. In those cases, there is not a
clear paper trail to evaluate compliance with the ten-day storage limit.
The purpose of this amendment is to provide a mechanism for
Department compliance officers to evaluate a transfer facility's compliance
with the ten-day storage limit requirements of § 263.12 by requiring the
owner or operator of the transfer facility to maintain documentation to verify
the time waste is stored at the transfer facility.
The Commission has evaluated the information presented at
the rulemaking hearing, as well as the information in the Statement of Basis
and Purpose. The Commission considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect public health and the environment.
Amendment of § 265.52 (Content of contingency
plan)
Section 265.52 of the Colorado Hazardous Waste Regulations
is being amended at this time by adding a new paragraph (g) as follows: §
265.52(g) The plan must specify:
(1)
the fire protection district responsible for providing fire protection services
to the facility, or
(2) that the
facility is not within a fire protection district but is operating under its
own fire protection plan that has been approved by the
Department.
The existing contingency plan and emergency procedures
requirements in Subpart D of 6 CCR 1007-3, Part 265 do not require a generator
to identify the fire protection district responsible for providing fire
protection services to the facility. Therefore, it is possible for a facility
to be located outside of a fire protection district and to operate without
adequate fire protection services.
The purpose of this amendment is to prompt large quantity
generators of hazardous waste to identify the fire protection district
responsible for providing fire protection services for their facility. This
amendment would also serve as a tool for identifying those facilities that are
not in a fire protection district and, thus, who would be responsible for
developing their own fire protection plan as required by section 265.31 of the
Regulations.
The Commission has evaluated the information presented at
the rulemaking hearing, as well as the information in the Statement of Basis
and Purpose. The Commission considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect public health and the environment.
Amendment of § 100.21(d) (Permits By Rule -
Generator Treatment)
The generator treatment requirements at § 100.21(d) of
the Colorado Hazardous Waste Regulations are being amended at this time by
modifying the wording of paragraph (d)(4) to be consistent with the land
disposal restriction treatment requirements at § 268.7(a)(5) of the
Regulations. The new paragraph (d)(4) would read as follows: §
100.21(d)(4) Develops a written waste analysis plan describing the procedures
that will be carried out to accomplish treatment of the waste. The waste
analysis plan must be based on a detailed chemical and physical analysis of a
representative sample of the waste being treated and contain all of the
information necessary to treat the waste.
The existing generator treatment requirements at 6 CCR
1007-3, § 100.21(d)(4) require a generator who conducts a generator
treatment activity to submit a waste analysis plan and a notification to the
Division at least 30-days prior to conducting the treatment. This requirement
is inconsistent with the land disposal restriction treatment requirements at 6
CCR 1007-3, § 268.7(a)(5) that require a generator to maintain a copy of
the waste analysis plan on-site. Additionally, notification is not required
prior to conducting land disposal restriction treatment.
The purpose of this amendment is to make the generator
treatment and land disposal restriction requirements consistent with regard to
notification and development of a waste analysis plan.
Amendment of § 279.22 (Used Oil
Storage)
Section 279.22 of the Colorado Hazardous Waste Regulations
is being amended at this time by adding a new subparagraph (b)(3) to the Used
Oil Storage requirements as follows: § 279.22(b)(3) Kept closed during
storage, except when it is necessary to add or remove used oil, if the
containers are being managed outdoors.
The existing Used Oil Storage requirements at 6 CCR 1007-3,
§ 279.22 do not require containers of used oil to be kept closed. Storing
used oil outside in open containers increases the potential for environmental
contamination resulting from spills and overfilling due to precipitation
events.
The purpose of this amendment is to help minimize the
release of used oil from containers that are being managed outdoors by
requiring that the containers be kept closed, except when it is necessary to
add or remove used oil.
The Commission has evaluated the information presented at
the rulemaking hearing, as well as the information in the Statement of Basis
and Purpose. The Commission considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect public health and the environment.
Statement of Basis and Purpose - Rulemaking Hearing
of October 18, 2005
Notes
6 CCR 1007-3-8.57
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
