6 CCR 1007-3-8.85 - Basis and Purpose

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


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

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