6 CCR 1007-3-8.77 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 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.

Amendment of Manifest Regulations

These amendments correct certain omissions and an error in the manifest regulations adopted by the Solid and Hazardous Waste Commission on May 16, 2006.

On May 16, 2006, the Commission adopted state analogs to the federal manifest rule that was published in the Federal Register on March 4, 2005 [70 FR 10776]. The March 2005 manifest rule (manifest rule) inadvertently omitted certain requirements that were intended for inclusion, and that relate to the use of a manifest in shipments of rejected hazardous wastes or non-empty containers containing regulated residues ("container residues"). In addition, the manifest rule contained an error regarding a designated facility's preparation of a new manifest in certain returned shipment situations.

On March 18, 2010, the Environmental Protection Agency published a final rule in the Federal Register [75 FR 12989-13009] to correct these and other additional omissions and errors that exist in the federal regulations. Today's amendments adopt state analogs to these March 2010 federal provisions.

The amendments being adopted at this time include the following:

1) Addition of § 262.23(f) - The generator must sign and date the manifest accompanying the returned shipment of rejected hazardous wastes or container residues, provide the transporter with a copy of the manifest, and retain a copy of the manifest for three years.

2) Addition of § 262.42(d) - The generator must comply with the Exception reporting requirements of § 262.42(a) or (b) when a designated facility forwards its hazardous waste or container residues to an alternate facility under a new manifest.

3) Revision of § 264.72(e)(6) and § 265.72(e)(6) - The designated facility must mail to the generator a signed copy of the new manifest included with the shipments of rejected loads or container residues that are re-shipped to an alternate facility by the designated facility under a new manifest.

4) Revision of § 264.72(f)(1) and § 265.72(f)(1) - The designated facility must enter its own information (instead of the generator's information) in Item 5 of the new manifest form when it originates the shipments of rejected hazardous waste or container residues.

5) Revision of § 264.72(f)(7) and § 265.72(f)(7) - A designated facility using the original manifest need not comply with new paragraph (8).

6) Addition of § 264.72(f)(8) and § 265.72(f)(8) - The designated facility using a new manifest to return a full load or partial load of rejected hazardous wastes, or container residues, to the generator must comply with the exception reporting provisions of § 262.42(a).

As an authorized state, Colorado is required to adopt the revisions to § 262.23 in accordance with the consistency requirements in 40 CFR § 271.4(c). The remaining amendments are considered to be neither more or less stringent than the current standards, and Colorado is not required to modify its regulations to adopt these technical corrections.

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 12989-13009, March 18, 2010.

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