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