6 CCR 1007-3-8.82 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 264, 265, 268, 279 and 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Methods Innovation Rule and SW-846 Final Update IIIB

These amendments revise the existing regulations to adopt state analogs to the federal provisions promulgated by the Environmental Protection Agency (EPA) under the Methods Innovation Rule (MIR) and SW-846 Final Update IIIB Final Rule published in the Federal Register on June 14, 2005 [70 FR 34538-34592]. The Final Rule serves both to update and reform the testing and monitoring requirements under RCRA to provide more flexibility in method selection and use. The following describes the specific regulatory amendments proposed under the Final Rule.

Amendments to Remove Required Uses of EPA SW-846 Methods

These amendments revise existing regulations to remove the required use of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," also known as EPA SW-846, in § § 260.22(d)(1)(i); Part 261 Appendix IX; 261.35(b)(2)(iii)(A) and (B); 264.1034(d)(1)(iii); 264.1063(d)(2); 265.1034(d)(1)(iii); 265.1063(d)(2); 265.1084(a)(3)(iii) and (b)(3)(iii); 265.1084(a)(3)(ii)(C), (b)(3)(ii)(C) and (c)(3)(i); 266.100(d)(1)(ii) and (g)(2); 266.102(b)(1); 266.106(a); 266.112(b)(1) and (b)(2)(i); Part 266 Appendix IX; 270.19(c)(1)(iii) and (iv); 270.22(a)(2)(ii)(B); 270.62(b)(2)(i)(C); 270.62(b)(2)(i)(D); and 270.66(C)(2)(i) and (ii). These amendments also revise the incorporation by reference of SW-846 methods in § 260.11 to include only those SW-846 methods that are required for method-defined parameters, as listed in the table below. Method-defined parameters remain specified in the existing regulations and require the use of prescriptive SW-846 methods that detail the specific requirements for performing testing or monitoring of hazardous waste.

SW-846 Methods to Remain in § 260.11

SW-846 Method	Chapter Location	Method Title
0010	Ten	Modified Method 5 Sampling Train.
0011	Ten	Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources.
0020	Ten	Source Assessment Sampling System (SASS).
0023A	Ten	Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources.
0030	Ten	Volatile Organic Sampling Train.
0031	Ten	Sampling Method for Volatile Organic Compounds (SMVOC).
0040	Ten	Sampling of Principal Organic Hazardous Constituents from Combustion Sources Using Tedlar ® Bags.
0050	Ten	Isokinetic HCl/Cl2 Emission Sampling Train.
0051	Ten	Midget Impinger HCl/Cl2 Emission Sampling Train.
0060	Ten	Determination of Metals in Stack Emissions.
0061	Ten	Determination of Hexavalent Chromium Emissions from Stationary Sources.
1010A	Eight	Pensky-Martens Closed-Cup Method for Determining Ignitability.
1020B	Eight	Setaflash Closed-Cup Method for Determining Ignitability.
1110A	Eight	Corrosivity Toward Steel.
1310B	Eight	Extraction Procedure (EP) and Structural Integrity Test.
1311	Eight	Toxicity Characteristic Leaching Procedure.
1312	Six	Synthetic Precipitation Leaching Procedure.
1320	Six	Multiple Extraction Procedure.
1330A	Six.	Extraction Procedure for Oily Wastes.
9010C	Five	Total and Amenable Cyanide: Distillation.
9012B	Five	Total and Amenable Cyanide (Automated Colorimetric, with Off-line Distillation).
9040C	Eight	pH Electrometric Measurement.
9045D	Six	Soil and Waste pH.
9060A	Five	Total Organic Carbon (TOC).
9070A	Five	n-Hexane Extractable Material (HEM) for Aqueous Samples.
9071B	Five	n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples.
9095B	Six	Paint Filter Liquids Test.

These proposed amendments eliminate the requirement to use the methods found in SW-846 in conducting various hazardous waste testing and monitoring except for those situations where the method in SW-846 is the only one capable of measuring the property (i.e. it is used for a method-defined parameter). While SW-846 methods would no longer be required for many hazardous waste testing or monitoring activities under these proposed amendments, appropriate methods must still be selected and used for RCRA testing and monitoring. Appropriate methods must either be reliable and accepted as such in the scientific community or be able to generate effective data. Reliable and accepted methods may include EPA or other governmental entity published methods that have documented reliability. Methods that generate effective data, i.e. data of sufficient quality for use in a given RCRA application or project, may also be used if the quality objectives for the project are established in a systematic planning process (a data quality objective process) and documented in the development of Quality Assurance Project Plans, Waste Analysis Plans, Sampling and Analysis Plans or other appropriate systematic planning document. Sampling and analysis documentation should be sufficient to confirm that the data are effective and that the selected method is appropriate.

These amendments make it easier and more cost effective to comply with the RCRA regulations by allowing more flexibility in method selection and use. They are intended to reduce economic burden and provide greater flexibility and utility to all affected entities, by providing an increase in choices of appropriate analytical methods for RCRA applications. These amendments do not create any new regulatory requirements or require any new reports beyond those now required by the revised regulations. Regulated entities may continue to use SW-846 methods to demonstrate compliance when it is appropriate to do so, and thus experience no impact from this rulemaking.

The following specific sections and their identified affected topic or program to the Colorado Hazardous Waste Regulations are proposed for amendment at this time by removing unnecessary reference to SW-846:

Petitions to exclude waste from a particular facility

§260.22(d)(1)(i)

Wastes exclusions

§Part 261, Appendix IX

Deletion of certain waste codes following equipment cleaning

§261.35(b)(2)(iii)(A) and (B)

Air emission standards for process vents and equipment leaks

§ §264.1034(d)(1)(iii), 264.1063(d)(2), 265.1034(d)(1)(iii), and 265.1063(d)(2)

Air emission control requirements for tanks, surface impoundments, and containers

§ §265.1084(a)(3)(iii) and (b)(3)(iii), and 265.1084(a)(3)(ii)(C), (b)(3)(ii)(C) and (c)(3)(i)

Hazardous Waste burned in boilers or industrial furnaces (BIFs)

§ §264.340(e)(1)(ii), 264.340(g)(2), and 264.341(a) - State analogs to 40 CFR § § 266.100(d)(1)(ii), 266.100(g)(2) and 266.102(b)(1) respectively

Control of metal emissions at BIFs

§264.344(a) - State analog to 40 CFR § 266.106(a)

Residues from burning of wastes in BIFs

§264.347(b)(1) and (b)(2)(i) - State analogs to 40 CFR § 266.112(b)(1) and (b)(2)(i)

Methods Manual for BIF Regulation

§264.348 Appendix IX - State analog to 40 CFR Part 266, Appendix IX

Part B information and trial burn plan requirements for incinerators and BIFs

§ §100.41(b)(5)(v)(A)(3) and (4), 100.28(c)(2)(i) and (ii), and 100.28(c)(2)(i) and (ii) - State analogs to 40 CFR § § 270.19(c)(1)(iii) and (iv), 270.62(b)(2)(i)(C) and (D), and 270.66(c)(2)(i) and (ii) respectively.*

* No state analog exists for 40 CFR § 270.22(a)(2)(ii)(B) as Colorado did not adopt the low risk waste exemption for incinerators or BIFs (see § 8.51 pg. 1417)

§260.11 is amended to revise the incorporation by reference of SW-846 to only include those SW-846 methods that are required for method-defined parameters.

Amendments to Correct, Clarify or Remove Unnecessary Reference to SW-846

These proposed amendments also correct inaccurate references to SW-846 and clarify method selection flexibility. The proposed amendments make editorial corrections, clarify the specific SW-846 method and revision to be used for any method-defined parameters and remove unnecessary references to SW-846 in the regulations. The Table below provides a list of the regulations and proposed modifications to correct, clarify or remove unnecessary reference to SW-846.

Corrections, Clarifications or Removals

Regulation	Text correction, clarification, or removal
§260.21(d)--Petitions for equivalent methods.	Clarification that equivalent methods will be added to § 260.11, instead of just added to SW-846.
§260.22(d)(1)(i) -- Petitions to amend Part 261 to exclude a waste produced at a particular facility.	Removal of unnecessary reference to SW-846.
§ §261.3(a)(2)(v), 279.10(b)(1)(ii), 279.44(c), 279.53(c), and 279.63(c) -- Rebuttable presumption for used oil.	Removal of unnecessary references to SW-846.
§261.22(a)(1) -- Characteristic of corrosivity.	Addition of the suffix "C" to method number "9040."
Appendix I to Part 261 -- Representative sampling methods.	Removal of unnecessary references to SW-846.
Appendix II to Part 261 -- Method 1311 Toxicity Characteristic Leaching Procedure (TCLP).	Removal of text in Appendix II to Part 261; appendix reserved.
Appendix III to Part 261 -- Chemical analysis test methods.	Removal of text in Appendix III to Part 261; appendix reserved.
§ §264.190(a) and 265.190(a)-- Applicability.	Addition of the suffix "B" to method number "9095."
§264.314(c) and § 265.314(d)-- Special requirements for bulk and containerized liquids.	Addition of the suffix "B" to method number "9095."
§ §264.1034(f) and 265.1034(f)-- Test methods and procedures.	Clarification that direct measurement is allowed to resolve disagreements regarding concentration estimates, and removal of unnecessary references to SW-846.
Appendix IX to Part 264 -- Ground-water monitoring list.	Clarification regarding the use of other appropriate methods by removing the "Suggested Methods" and "PQLs (µg/L)" columns and removing footnotes 1, 5 and 6 and revising and renumbering the subsequent footnotes, as appropriate.
§265.1081--Definitions.	Correction to SW-846 reference in definition of "waste stabilization process."
Appendix IX to § 264.348 -- Methods manual for compliance with BIF regulations.	Corrections to reflect removal of SW-846 methods from the BIF Methods Manual on June 13, 1997 and clarification in existing guidance regarding use of other appropriate methods and SW-846.
§268.40(b) and table -- Applicability of treatment standards.	Addition of the suffix "B" to method number "1310," addition of the suffix "C" to method number "9010," and addition of the suffix "B" to method number "9012."
§268.44, table --Variance from a treatment standard.	Addition of the suffix "C" to method number "9010" and the addition of the suffix "B" to method number "9012."
§268.48, table -- Universal treatment standards.	Addition of the suffix "C" to method number "9010" and addition of the suffix "B" to method number "9012."
Appendix IX to Part 268 -- Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310).	Addition of the suffix "B" to method number "1310."

Amendments to Corrosive and Ignitability Characteristic Testing Requirements

In addition, these amendments clarify the specific SW-846 methods for testing the corrosive and ignitable characteristic of wastes. Amendment of § 261.22(a)(2) removes unnecessary reference to the National Association of Corrosion Engineers (NACE) Standard TM-01-69 and replaces it with direct reference to SW-846 Method 1110A. SW-846 Method 1110 is a method under the NACE TM-01-69 Standard and has always been used for testing corrosive characteristics of liquid wastes. However, because the NACE TM-01-69 Standard allowed variation in test conditions due to the fact it was designed to test the suitability of metals for a variety of uses, reference to the broader standard in § 261.22(a)(2) led to some ambiguity in its use. Direct reference to SW-846 Method 1110A, the revised and updated version of the method under these amendments, clarifies that it must be used for determining the corrosive characteristic of liquid wastes. Corrosivity is a method-defined parameter in § 260.11 under these proposed amendments. Amendment of § 261.21(a)(1) removes reference to the Miniflash Continuously Closed Cup Tester, using the test method specified in ASTM D-6450-99 as an acceptable method to determine flash point for ignitability characteristic. The Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, or the Setaflash Closed Cup Tester, using the test methods specified in ASTM Standard D-3278-78 are the only methods that can be used for determining flash point for ignitability characteristic. Additionally, this amendment removes unnecessary reference to the equivalent test method demonstration for determining flash point under the ignitability characteristic. § § 260.20 and 260.21 already adequately address petitions for equivalent testing or analytical methods.

SW-846 Final Update IIIB Methods

Some of these amendments, proposed by EPA under the October, 2002 SW-846 Final Update IIIB, revise and update a number of SW-846 methods. Some of the revised methods of Update IIIB are used for method-defined parameters and thus, any required uses of those methods will remain in the regulations under these amendments. Therefore § 260.11 includes the Update IIIB methods, specified by both number and revision letter suffix, that are contained in SW-846 and that must be used to comply with the regulations for method-defined parameters. A listing of the four chapters and eleven methods in Final Update IIIB are identified in the table below.

Final Update IIIB Methods and Chapters

Chapters or Method Number	Method or Chapter Title
Chapter Five	Miscellaneous Test Methods.
Chapter Six	Properties.
Chapter Seven	Characteristics Introduction and Regulatory Definitions.
Chapter Eight	Methods for Determining Characteristics.
1010A	(Referral to) Pensky-Martens Closed Cup Method for Determining Ignitability.
1020B	(Referral to) Setaflash Closed Cup Method for Determining Ignitability.
1110A	Corrosivity Toward Steel.
1310B	Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test.
9010C	Total and Amenable Cyanide: Distillation.
9012B	Total and Amenable Cyanide (Automated Colorimetric, with Off-line Distillation).
9040C	pH Electrometric Measurement.
9045D	Soil and Waste pH.
9060A	Total Organic Carbon.
9070A	n-Hexane Extractable Material (HEM) for Aqueous Samples.
9095B	Paint Filter Liquids Test.

Amendments to Add Analysis Method to Air Emission Standards for Process Vents

Finally, these proposed amendments allow for the use of an additional method during analysis in support of air emission standards for process vents and/or equipment leaks at hazardous waste management facilities. § § 264.1034(c)(1)(ii) and (iv) and § § 265.1034(c)(1)(ii) and (iv) are revised under the proposed amendments to also allow use of Method 25A (in addition to Method 18) to determine organic content of the air effluent through a control device on a process vent. Organic content is a method-defined parameter in § 260.11 used to measure the operational performance of a enclosed combustion control device to a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation.

These amendments are considered to be equivalent to or less stringent than the existing regulations, and Colorado is not required to adopt these amendments.

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 70 FR 34538-34592, June 14, 2005.

Statement of Basis and Purpose - Rulemaking Hearing of May 29, 2013

Notes

6 CCR 1007-3-8.82

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