6 CCR 1007-3-8.66 - Basis and Purpose

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

Amendment of § 265.174: Scope of Weekly Inspections, and Corrective Action Requirements for Deficiencies Identified During the Inspection.

Section 265.174 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by:

a. Revising the regulatory requirement for conducting weekly inspections of areas where containers are accumulated to require a thorough inspection of the containers to ensure that all of the Part 265, Subpart I requirements regarding the use and management of containers and the applicable container labeling requirements of § 262.34 are being met; and
b. Adding paragraph (b) to § 265.174, requiring that problems identified during the weekly inspections are remedied in accordance with § 265.15(c) of the regulations.

Pursuant to the existing container inspection requirements of 6 CCR 1007-3, Section 265.174, a hazardous waste generator is not required to evaluate anything other than looking for leaking or deteriorated containers during the weekly inspection; does not have to maintain documentation of the weekly inspection; and is not required to correct the problems encountered during the weekly inspections.

The purpose of these amendments is to ensure that thorough inspections are being conducted; that issues related to compatibility, container closure, and management of ignitable and reactive wastes are checked at least weekly; and that problems identified during the weekly inspections are corrected in a timely manner.

The Division currently recommends, as a best management practice, that generators maintain a written log of the weekly inspections so that compliance with the inspection requirement can be easily demonstrated by the facility. Colorado Environmental Leadership and EPA Performance Track member facilities may also qualify for a reduced inspection frequency of at least once each month, upon written approval by the Department.

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 May 20, 2008

Notes

6 CCR 1007-3-8.66
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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