These amendments to 6 CCR 1007-3, Parts 260, 262, 264 and
265 are made pursuant to the authority granted to the Solid and Hazardous Waste
Commission in §
25-15-302(2),
C.R.S.
Removal of National Environmental Performance
Track/Colorado Environmental Leadership Program Provisions
These amendments revise the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) to remove the extended accumulation time
requirements and reduced inspection frequency requirements currently available
to members of both Colorado's Environmental Leadership Program and the U.S.
Environmental Protection Agency's (EPA's) National Environmental Performance
Track program.
Adoption of these amendments became necessary following
EPA's decision to terminate the federal Performance Track Program effective May
14, 2009.
On January 11, 2005, Colorado adopted state analogs to
correspond to the National Environmental Performance Track regulations
promulgated by 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).
On March 16, 2009, EPA Administrator Lisa P. Jackson issued
a memorandum halting the federal Performance Track program. The Administrator's
memorandum was followed by a memorandum from Chuck Kent, Director, Office of
Policy Economics, and Innovation, dated March 25, 2009, which provided more
details about the termination, including that the low priority for routine
inspections incentive was no longer in effect. A notice announcing EPA's
decision to terminate the Performance Track Program was published in the
Federal Register on May 14, 2009 (74 FR 22741-22742).
In order to maintain its authorization to operate its state
program in lieu of the U.S. EPA operating a federal program, Colorado must
adopt state requirements equivalent to and consistent with the overlying
federal requirements. To maintain consistency with the federal requirements and
to remedy these state requirements from inadvertently become less stringent
than the federal program, the Commission is at this time revising the state
analogs to delete these extended accumulation time requirements and decreased
inspection frequency incentives. These amendments provide state equivalency
with the regulatory requirements of the Environmental Protection Agency.
The amendments being adopted at this time include:
1. Deleting the existing extended
accumulation time requirements found at paragraphs (k), (l), and (m) of §
262.34 of Colorado's hazardous waste regulations; and
2. Revising §
§ 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) to delete the language
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.
Although EPA has terminated the federal Performance Track
Program, Colorado will continue to operate its performance-based state program.
Colorado's Environmental Leadership Program (ELP) is a statewide environmental
recognition and reward program administered by the Colorado Department of
Public Health and Environment's (the Department) Sustainability Program. The
ELP is a voluntary program designed to recognize and reward organizations and
businesses that demonstrate superior environmental performance and, as a
result, consistently operate at a level that goes beyond mere compliance with
environmental regulations. 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.
Membership in the program is open to all types of
organizations and businesses from large corporate entities to small businesses,
government agencies, nonprofits and academic institutions. To participate in
the leadership program, an organization must meet the ELP eligibility related
compliance requirements and fit within a specific "tier" of the program.
In exchange for the environmental commitment and superior
environmental performance, Colorado's leadership program will continue to
provide benefits and incentives such as recognition, public-private
partnerships, networking and technical assistance to its environmental leaders.
Additional information regarding Colorado's Environmental Leadership Program is
available at http://www.cdphe.state.co.us/el/elp/index.html
Statement of Basis and Purpose - Rulemaking Hearing
of February 16, 2010
Notes
6 CCR 1007-3-8.71
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
