6 CCR 1007-3-8.57 - Basis and Purpose

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

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