6 CCR 1007-3-8.87 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 268.7 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 268.7 Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

These amendments to Section 268.7 clarify the generator waste analysis and notification requirements under RCRA's land disposal restrictions (LDR). Section 268.7(a)(1) is being amended to add a cross reference to § 262.11, in order to reduce duplicative testing requirements and clarify that that the two generator waste analysis functions can be performed concurrently, thus avoiding redundant waste analysis.

To provide additional flexibility to generators of hazardous waste, § 268.7(a)(1) is also being modified to clarify that if a generator does not want to determine, based on waste analysis or knowledge of the waste, whether the waste must be treated, the generator may assume that the generator is subject to the full array of LDR requirements. The generator then must send the waste to a RCRA-permitted hazardous waste treatment facility where the treatment facility must make the determination when the waste has met the LDR treatment standards (possibly even upon receipt as generated). A conforming change is also being made to the notification requirement in § 268.7(a)(2) for such cases.

Section 268.7(b)(6) is being amended to eliminate the requirement to submit notifications and certifications to the Division, and instead require that the information be placed in the treating/recycling facility's on-site files. In accordance with the requirements of § 268.7(b)(6), facilities (i.e., recyclers) must prepare and maintain notifications and certifications with the initial shipment of waste, and prepare new documentation only if the waste, the treatment process, or the receiving facility changes. Maintaining these records on-site, and available for inspection, provides sufficient documentation of waste treatment, and reduces the burden on the facility.

These amendments are equivalent to, or less stringent than the existing provisions, and Colorado is not required to adopt these provisions. Nevertheless, the Division believes that these amendments will provide some burden reduction to the regulated community, without compromising human health or environmental protection.

This Basis and Purpose incorporates by reference the applicable preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 71 FR 16862-16915, April 4, 2006 for which state analogs are being adopted at this time.

Statement of Basis and Purpose Rulemaking Hearing of May 16, 2017

Notes

6 CCR 1007-3-8.87

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