6 CCR 1007-3-8.82 - Basis and Purpose

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

Removal of Saccharin and its Salts from the Lists of Hazardous Constituents

These amendments remove saccharin and its salts from the lists of hazardous constituents (Part 261, Appendix VIII) and commercial chemical products which are hazardous wastes (§ 261.33 (f)) when discarded or intended to be discarded. Specifically, the wastes affected by this final rule are unused commercial chemical products, manufacturing chemical intermediates, off-specification material, container residues, and spill residues that contain saccharin or its salts in a pure or technical grade form, or as the sole active ingredient and are listed as EPA Hazardous Waste No. U202 (§261.33(f)). With these amendments, these wastes will no longer be subject to the U202 listing.

This rulemaking adopts state analogs to the federal rule issued by the Environmental Protection Agency (EPA) on December 17, 2010 [75 FR 78918-78926] in response to a petition submitted to EPA by the Calorie Control Council (CCC) to remove saccharin and its salts from EPA's lists of hazardous constituents, hazardous wastes, and hazardous substances.

EPA's December 17, 2010 final rule granted CCC's petition based on a review of the evaluations conducted by key public health agencies concerning the carcinogenic and other potential toxicological effects of saccharin and its salts, as well as EPA's own assessment of the waste generation and management information for saccharin and its salts. This review/assessment demonstrated that saccharin and its salts did not meet the criteria in the hazardous waste regulations for remaining on EPA's lists of hazardous constituents, hazardous wastes, and hazardous substances.

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 78918-78926, December 17, 2010. These amendments are considered to be less stringent than the current regulations, and Colorado is not required to modify its regulations to adopt these amendments.

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