These amendments to 6 CCR 1007-3, Part 100 are made
pursuant to the authority granted to the Solid and Hazardous Waste Commission
in §
25-15-302(2),
C.R.S.
These amendments modify sections 100.10, and 100.26 of Part
100 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to clarify that
Corrective Action Plans (CAPs) are permits and can serve in place of
traditional RCRA permits for corrective action and closure activities.
Corrective Action Plan (CAP) Amendments - Clarifying
Corrective Action Plans are Permits
In 1999, the Commission adopted § 100.26 to the
Regulations establishing the Corrective Action Plan (CAP) as an alternative to
a formal RCRA permit. At that time, the Commission expressly stated its intent
was to "create a streamlined permit authorizing corrective action or closure at
non-permitted facilities." Statement of Basis and Purpose for
Rulemaking Hearing of April 20, 1999, 6 CCR 1007-3§8.38.
Nonetheless, confusion evolved within the regulated community regarding whether
a CAP is in fact a permit subject to Department enforcement authority pursuant
to §
25-15-308, C.R.S. The following
amendments clarify CAPS are Permits:
1)
Addition of paragraph (e) to
§ 100.10 (Scope of the RCRA Permit Requirement). Section
100.10 of the regulations identifies enforceable mechanisms an operator of a
facility and the Department can use to either close or conduct post-closure
care for a hazardous waste management unit in lieu of a formal RCRA permit.
Paragraph (e) specifies CAPS are included as an alternative to a formal RCRA
permit. Pursuant to § 100.26, CAPS provide operators with a streamlined
process to obtain an enforceable mechanism governing remedial activities. The
CAP provisions are far less onerous compared to the process for obtaining a
formal RCRA permit outlined in the remainder of Part 100.
2)
Amendment of paragraph (a) of
§ 100.26 (Corrective Action Plan). The amendment to §
100.26 explicitly states an approved CAP serves as a
permit for a
facility
engaging in corrective action activities. In a number of instances,
facility
operators were not aware of this distinction, and mistakenly perceived
activities pursuant to CAPs as "voluntary" in nature. Despite this
misperception, the
Department consistently requires facilities to complete CAP
obligations, and on multiple occasions was forced to utilize significant
state
resources pursuing formal enforcement actions to gain CAP compliance. The added
language clarifies CAPS are formal permits and eliminates the notion that
activities specified in CAPS are voluntary.
Statement of Basis and Purpose Rulemaking Hearing of
May 17, 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
