This amendment to 6 CCR 1007-3, Part 263.10 is made
pursuant to the authority granted to the Solid and Hazardous Waste Commission
in §
25-15-302(2),
C.R.S.
Amendment of § 263.10(b) requirement
for transfer facilities handling only CESQG waste,
This amendment to paragraph (b) of section 263.10 of the
Colorado Hazardous Waste Regulations (6 CCR 1007-3) will allow transfer
facilities handling only conditionally exempt small quantity generator (CESQG)
waste in compliance with the applicable Part 263 requirements for transfer
facilities to store the waste for more than 10 days without becoming subject to
regulation under Parts 100, 264, 265, 266 and 268 with respect to storage of
those wastes. This amendment of section 263.10(b) is less stringent than the
existing provision.
On May 18, 2010, the Solid and Hazardous Waste Commission
adopted amendments to the Part Transfer Facility Regulations that required
certain operational improvements at transfer facilities without creating an
undue regulatory burden. 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") 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.
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.
Pursuant to the requirements of § 263.12(b), a
transporter who stores shipments of hazardous waste in containers meeting the
requirements of § 262.30 at a transfer facility for a period of ten days
or less is not subject to regulation under Parts 100, 264, 265, 266, and 268
with respect to the storage of those wastes, except as specifically referenced
in Part 263 of these regulations.
Paragraph (b) of section 263.10 of the Colorado Hazardous
Waste Regulations (6 CCR 1007-3) is being amended to specify that transfer
facilities handling conditionally exempt small quantity generator (CESQG) waste
in compliance with the applicable Part 263 requirements for transfer facilities
are not subject to the 10-day storage limit for storage of these hazardous
wastes. The transfer facilities remain subject to all other requirements of
Subparts A, C, D & E of Part 263.
This amendment will provide transfer facilities handling
CESQG waste with greater flexibility to manage the waste in a cost-effective
manner while still ensuring protection of public health and safety and the
environment.
Statement of Basis and Purpose Rulemaking Hearing of
February 20, 2018
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