6 CCR 1007-3-8.73 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 263 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Transfer Facility Amendments

These amendments to Part 263 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) revise the existing standards applicable to transporters of hazardous waste in Colorado by amending the requirements applicable to transfer facilities located in the state.

These amendments were developed as part of a review of the Part 263 regulations conducted by the Hazardous Materials and Waste Management Division (the "Division") for the purpose of updating and improving the existing regulations that apply to transfer facilities in Colorado in order to ensure protection of public health and safety and the environment. Input from key stakeholders, including eight transfer facilities and representatives of the Colorado Emergency Planning Commission and the South Metro Fire Rescue Authority were also incorporated into the development of these regulations.

The Division's review of the Part 263 regulations was initiated by a request from the Solid and Hazardous Waste Commission following a February 2009 briefing regarding a fire that occurred on October 5, 2006 at the Environmental Quality Co. (EQ) hazardous waste transfer facility in Apex, North Carolina. Mr. William Wright of the United States Chemical Safety and Hazard Investigation Board (CSB) provided a presentation on the North Carolina Apex Incident at the February 17, 2009 Commission hearing. The CSB conducted a formal investigation into the fire, and published a case study, Fire and Community Evacuation in Apex, North Carolina(2007-01-I-NC, April 16, 2008, which is available online at http://www.csb.gov/assets/document/EQFinalReport.pdf). The amendments in this rulemaking upgrade transfer facility requirements so as to prevent or enable more effective response to a similar incident in Colorado. In general, transfer facilities are lightly regulated under the hazardous waste regulations; these amendments require certain operational improvements at transfer facilities without creating an undue regulatory burden.

The major amendments being adopted at this time include:

1) Revising the scope of the Part 263 Regulations in § 263.10(a) to specify that the Part 263 standards apply to all persons:
a) transporting hazardous waste within Colorado;
b) storing hazardous waste at a transfer facility located in Colorado; or
c) transferring a hazardous waste from one container to another at a transfer facility located in Colorado.
2) Adding a new paragraph (b) in § 263.10 to specify that transfer facilities handling only conditionally exempt small quantity generator (CESQG) waste are subject to the requirements of Subparts A (General Requirements), C (Hazardous Waste Discharges), D (Spills at Transfer Facilities) and E (Closure of a Transfer Facility). Transfer facilities handling only CESQG waste are not subject to the manifest requirements in Subpart B.
3) Revising § 263.12 to specify the general standards that are applicable to all transfer facilities, and adding further clarification and new requirements regarding:
a) Documentation of storage. 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.
b) Weekly inspections/record of inspection. The owner or operator must conduct weekly inspections of all areas where containers are stored, and maintain written records of the results of the inspection, including, at a minimum, any evidence of container failure, the condition of secondary containment (if applicable) and remediation correcting any problems noted. The owner or operator will maintain the written records of these weekly inspections for a period of at least three years from the date of inspection. This requirement shall not apply to the interior of trucks or trailers where containers are stored, so long as those trucks or trailers were loaded in accordance with DOT regulations.
c) Base/floor requirements. Loading docks, temporary container storage areas, and all areas where transfer of hazardous wastes occurs must have a base or floor that is smooth, free of cracks or gaps, and sufficiently impervious to contain leaks or spills until the spilled material is detected and removed. This requirement shall not apply to trucks or trailers that were loaded in accordance with DOT regulations.
d) Truck/trailer storage requirements. For hazardous waste stored in trucks or trailers, the truck/trailer must be stored on a manmade surface that is capable of containing spills or releases to the ground. Any leaks or spills that do occur must be promptly cleaned up by the transfer facility operator.
e) Arrangements with local authorities. The transporter must contact local authorities to make arrangements to familiarize local first responders with the layout of the transfer facility, NFPA hazardous class of hazardous waste handled at the transfer facility and other relevant information. Transporters shall document attempts to make such arrangements, and shall document any case where State or local authorities decline to enter into such arrangements.
f) Security. All transfer facilities must be adequately fenced or secured to control public access and prevent unauthorized access to areas of hazardous waste storage. For a truck/trailer parked at a transfer facility that has no 24-hour surveillance system or artificial or natural barrier, the truck/trailer must meet the placarding requirements of 49 CFR Part 172 and the hazardous waste must be secured (i.e., locked) or the shipment of hazardous waste must be transferred to a secured area of the facility to prevent unknown entry and minimize unauthorized access.
g) Signage. A sign with the legend, "Danger - Unauthorized Personnel Keep Out," or a similar warning, in English and any other language predominant in the area, must be posted around the facility, and must be legible from a distance of at least 25 feet. For storage of hazardous waste on trucks or trailers, the truck/trailer must meet the applicable placarding requirements of 49 CFR Part 172.
h) Emergency preparedness, prevention, and response. Expansion of emergency coordinator, communication, and fire and spill related requirements previously applicable to some transfer facility owners and operators to all such facilities.
4) Adding closure requirements for transfer facilities as § 263.41 in Subpart E of Part 263. The lack of closure requirements in previous regulations could create confusion as to the obligations of transfer facility owners. The closure requirements include reference to § 265.111 (Closure performance standard) and § 265.114 (Disposal or decontamination of equipment, structures and soils). All closure activities must be completed within 90 days after receiving the final volume of hazardous wastes at the facility. Within 60 days of completion of closure of the transfer facility, the owner or operator must submit to the Department, by registered mail, a certification that all hazardous wastes have been removed from the facility, properly disposed of, and that the facility has been closed in accordance with the performance standards of § 265.111 and § 265.114.

These amendments are more stringent than the federal 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.

Statement of Basis and Purpose - Rulemaking Hearing of November 16, 2010

Notes

6 CCR 1007-3-8.73
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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