6 CCR 1007-3-8.89 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, 267, and 273 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Hazardous Waste Export-Import Revisions

This rule amends existing regulations of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) regarding the export and import of hazardous waste from and into the United States. These amendments correspond to the Environmental Protection Agency (EPA) rule published in the Federal Register on November 28, 2016 {81 FR 85696-85729} and became effective in all states on December 31, 2016, since import and export requirements are administered by the Federal government as a foreign policy matter.

Because of the federal government's special role in matters of foreign policy, EPA does not authorize States to administer Federal import/export functions in any section of the RCRA hazardous waste regulations. This approach of having Federal, rather than State, administering of the import/export functions promotes national coordination, uniformity and the expeditious transmission of information between the United States and foreign countries.

The provisions of this rule took effect in all States on the December 31, 2016 effective date of the rule, since these import and export requirements will be administered by the Federal government as a foreign policy matter, and will not be administered by States.

Although States do not receive authorization to administer the Federal government's export functions in 40 CFR part 262 subpart E, import functions in 40 CFR part 262 subpart F, import/export functions in 40 CFR part 262 subpart H, or the import/export relation functions in any other section of the RCRA hazardous waste regulations, State programs are still required to adopt the provisions in this rule to maintain their equivalency with the Federal program (see 40 CFR 271.10(e) which will also be amended in this rule).

This rule contains many amendments to Part 262 Subpart H, both for clarity and organization, and replaces the regulations that are currently in Part 262 Subparts E and F with the more stringent Part 262 Subpart H regulations. The rule also contains conforming import and export-related amendments to Parts 260, 261, 262, 263, 264, 265, 266, 267, 271 and 273, almost all of which are more stringent.

The new requirements finalized in this rule will provide greater protection to human health and the environment by providing increased transparency, data sharing and more efficient compliance monitoring. Specifically, the changes to the existing regulations will:

* consolidate and streamline some of the requirements to minimize burden where possible;

* increase tracking of the transportation and disposition of individual imported and exported shipments of hazardous wastes and other materials, improving the Agency's ability to monitor compliance with applicable legal requirements;

* enable regulated parties and the government to benefit from the electronic submission of data; and

* consolidate under a unified regulation the process of notification with foreign governments, increasing efficiency and ensuring the process is consistent with the requirements of the OECD controlling transboundary movements of hazardous waste.

Colorado is not adopting the amendments to 40 CFR § 261.39 (Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling), or the amendments to 40 CFR Part 267 (Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit), as Colorado has not adopted state analogs to these optional federal provisions.

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 81 FR 85696-85729, November 28, 2016, as amended at 82 FR 41015-41016, August 29, 2017.

Statement of Basis and Purpose Rulemaking Hearing of October 17, 2017

Notes

6 CCR 1007-3-8.89

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