These amendments to 6 CCR 1007-3, Parts 262, 263, 264, 265
and 267 are made pursuant to the authority granted to the Solid and Hazardous
Waste Commission in ยง
25-15-302(2),
C.R.S.
Revisions to the OECD Requirements for Export
Shipments of Spent Lead-Acid Batteries
These amendments implement recent changes to the agreements
concerning the transboundary movement of hazardous waste among countries
belonging to the Organization for Economic Cooperation and Development (OECD),
establish notice and consent requirements for spent lead-acid batteries
intended for reclamation in a foreign country, specify that all exception
reports concerning hazardous waste exports be sent to the International
Compliance and Assurance Division in the Office of Enforcement and Compliance
Assurance's Office of Federal Activities in Washington, D.C., and require U.S.
receiving facilities to match EPA-provided import consent documentation to
incoming hazardous waste import shipments and to submit to EPA a copy of the
matched import consent documentation and RCRA hazardous waste manifest for each
import shipment.
This rule amends certain existing regulations promulgated
under the hazardous waste provisions of the Resource Conservation and Recovery
Act (RCRA) regarding hazardous waste exports from and imports into the United
States. Specifically, the amendments implement recent changes to the agreements
concerning the transboundary movement of hazardous waste among countries
belonging to the Organization for Economic Cooperation and Development (OECD),
establish notice and consent requirements for spent lead-acid batteries
intended for reclamation in a foreign country, specify that all exception
reports concerning hazardous waste exports be sent to the International
Compliance and Assurance Division in the Office of Enforcement and Compliance
Assurance's Office of Federal Activities in Washington, DC, and require U.S.
receiving facilities to match EPA-provided import consent documentation to
incoming hazardous waste import shipments and to submit to EPA a copy of the
matched import consent documentation and RCRA hazardous waste manifest for each
import shipment.
Because of the Federal government's special role in matters
of foreign policy, EPA does not authorize States to administer Federal
import/export functions in any section of the RCRA hazardous waste regulations.
Although States do not receive authorization to administer the Federal
government's export functions in 40 CFR part 262 , subpart E, import functions
in 40 CFR part 262 , subpart F, import/export functions in 40 CFR part 262 ,
subpart H, or the import/export related functions in any other section of the
RCRA hazardous waste regulations, State programs are still required to adopt
state analogs to those provisions in the January 8, 2010 federal rule that are
more stringent than existing federal requirements in order to maintain their
equivalency with the federal program. These provisions provide state
equivalency with the more stringent federal provisions.
This Basis and Purpose incorporates by reference the
applicable portions of the preamble language for the EPA regulations as
published in the Federal Register at 75 FR 1236-1262, January 8, 2010. This
Basis and Purpose also incorporates by reference the applicable portions of the
preamble language for Sections 262.53 and 262.56 of the EPA regulations as
published in the Federal Register at 71 FR 40254-40280, July 14, 2006.
Statement of Basis and Purpose - Rulemaking Hearing
of August 16, 2011
Notes
6 CCR 1007-3-8.77
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
