This amendment to 6 CCR 1007-3, Part 261 is made pursuant
to the authority granted to the Solid and Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Amendment of § 261.5 Special requirements for
hazardous waste generated by conditionally exempt small quantity
generators.
This amendment corrects an inconsistency in paragraph (b)
of § 261.5 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) that
was created when amendments to the Part 263 Transfer Facility regulations were
adopted by the Solid and Hazardous Waste Commission on May 18, 2010. As part of
the Part 263 amendments, a new paragraph (b) was added to § 263.10, which
specifies that transfer facilities handling only conditionally exempt small
quantity generator (CESQG) waste are subject to the requirements of Subparts A
(General Requirements), C (Hazardous Waste Discharges), D (Spills at Transfer
Facilities) and E (Closure of a Transfer Facility). Transfer facilities
handling only CESQG waste are not subject to the manifest requirements in
Subpart B.
As documented in the Statement of Basis and Purpose from
the May 18, 2010 Hearing (See § 8.73 of the Regulations), the Part 263
amendments were developed as part of a review of the Part 263 regulations
conducted by the Hazardous Materials and Waste Management Division (the
"Division"). This was done for the purpose of updating and improving the
existing regulations that apply to transfer facilities in Colorado in order to
ensure protection of public health and safety and the environment. Input from
key stakeholders, including eight transfer facilities and representatives of
the Colorado Emergency Planning Commission and the South Metro Fire Rescue
Authority, was also incorporated into the development of these
regulations.
The Division's review of the Part 263 regulations was
initiated by a request from the Solid and Hazardous Waste Commission following
a February 2009 briefing regarding a fire that occurred on October 5, 2006 at
the Environmental Quality Co. (EQ) hazardous waste transfer facility in Apex,
North Carolina. Mr. William Wright of the United States Chemical Safety and
Hazard Investigation Board (CSB) provided a presentation on the North Carolina
Apex Incident at the February 17, 2009 Commission hearing. The CSB conducted a
formal investigation into the fire, and published a case study, Fire and
Community Evacuation in Apex, North Carolina (2007-01-I-NC, April 16, 2008,
which is available online at http://www.csb.gov/). The amendments in the
May 2010 rulemaking upgraded the transfer facility requirements so as to
prevent, or enable more effective response, to a similar incident in
Colorado.
In general, transfer facilities are lightly regulated under
the hazardous waste regulations. The May 2010 amendments required certain
operational improvements at transfer facilities without creating an undue
regulatory burden.
Pursuant to the current wording § 261.5(b), CESQG
waste would not be subject to the Part 263 regulations. This amendment corrects
this unintended omission in the regulations and provides consistency with the
Part 263 requirements.
This amendment is more stringent than the federal
regulations. The Commission has evaluated the information presented at the
rulemaking hearing, as well as the information in the Statement of Basis and
Purpose. The Commission considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect public health and the environment.
Statement of Basis and Purpose Rulemaking Hearing of
February 16, 2016
Notes
6 CCR 1007-3-8.85
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
