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
