6 CCR 1007-3-8.64 - Basis and Purpose

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

RCRA Burden Reduction Initiative Amendments

These amendments reduce the paperwork burden imposed on the Department and the regulated community by the existing RCRA recordkeeping and reporting requirements in the Colorado Hazardous Waste Regulations (6 CCCR 1007-3). These amendments will help to streamline the information collection requirements, ensuring that only the information that is actually needed and used to implement the RCRA program is collected, while retaining the Department's mission of protecting human health and the environment.

The amendments being adopted at this time include the following:

a. Changes to the amount of time records must be kept.
1. Changing a number of the operating record requirements under § § 264.73 and 265.73 to reduce the record retention time to five years.
2. Amending § 265.73(b)(6) and creating a new § 265.73(b)(15) to require retention in the operating record until closure of the facility, the ground-water quality assessment reports required under § 265.90 and § 265.93(d)(2), and ground-water quality assessment reports required under § 265.93(d)(5).
3. Establishing a five-year record retention time for information kept on the operation of incinerators, boilers, and industrial furnaces.
b. Option to follow the Integrated Contingency Plan Guidance. We are amending § § 264.52(b) and 265.52(b) to provide owners and operators of hazardous waste treatment, storage and disposal facilities the option of developing one contingency plan. The Department recommends that the plan be based on the Integrated Contingency Plan Guidance, which can be found at 61 FR 28641, June 5, 1996 or on the Internet at http://www.epa.gov/OEM/oem_guidance.htm
c. Elimination of obsolete regulatory language in § § 264.193, 264.251, 265.193, 265.221 and 265.301 of the regulations that are no longer applicable or have an expiration date that has passed.
d. Elimination of selected recordkeeping and reporting requirements.
1. Eliminating the requirement in § 264.342(b)(3) to notify the Department of the facility's intent to burn F020, F021, F022, F023, F026, and F027 wastes.
2. Eliminating the requirement in § § 264.1061(b)(1) and (d), and 265.1061(b)(1) and (d) of the regulations for facilities to notify the Department if they employ or discontinue use of the alternative valve standard.
2. Eliminating the requirement in § § 264.1062(a)(2) and 265.1062(a)(2) for facilities to submit a notification to the Department before implementing one of the alternative valve work practices specified in § § 264.1062(b)(2) and (3), and 265.1062(b)(2) and (3) of the regulations.
e. Permitting decreased inspection frequency for certain hazardous waste management units.
1. Establishing weekly inspection requirements in § § 264.195 and 265.195 for certain hazardous waste tank systems at permitted and interim status facilities and at large quantity generator sites.
2. Establishing weekly inspection requirements in § 265.201 for small quantity generator (SQG) hazardous waste tank systems with secondary containment.
3. Allowing members of the Colorado Environmental Leadership and EPA Performance Track programs to apply for an adjustment to the frequency of inspections for certain hazardous waste units and areas (See amendments to § § 260.10, 264.15(b)(4), 264.15(b)(5), 264.174, 264.195, 264.1101(c)(4), 265.15(b)(4), 265.15(b)(5), 265.174, 265.201, and 265.1101(c)(4).
f. Removal of the requirement in § 261.4(a)(10)(iii)(E) to submit a one-time notification for recycled wood wastewaters and spent wood-preserving solutions.
g. Changes to the requirements for document submittal
1. Streamlining the procedure in § 260.31(b)(2) for obtaining a variance from classification as a solid waste.
2. Streamlining the requirements in § § 264.98(d), 264.98(g)(2) & (3), 264.99(f) and 264.99(g) for ground-water monitoring.

These amendments are equivalent to, or less stringent than the existing provisions, and Colorado is not required to adopt these provisions. Nevertheless, the Department believes that these amendments will provide significant benefits to the Department and the regulated community, without compromising human health or environmental protection.

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 71 FR 16862-16915, April 4, 2006 for which state analogs are being adopted at this time.

Statement of Basis and Purpose - Rulemaking Hearing of May 15, 2007

Notes

6 CCR 1007-3-8.64
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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