6 CCR 1007-3-8.71 - Basis and Purpose

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provided more details about the termination, including that the low priority for routine inspections incentive was no longer in effect.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

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