6 CCR 1007-3-8.9 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 266, 267, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Toxicity Characteristics Revisions: Technical Corrections

On March 29, 1990, the Environmental Protection Agency (EPA) promulgated a rule (55 FR 11798) to revise the existing toxicity characteristics (TC) used to identify certain wastes defined as hazardous; these wastes are regulated under subtitle C of the Resource Conservation and Recovery Act (RCRA) due to their potential to leach significant concentrations of specific toxic constituents. In the preamble, the exclusion from subtitle C regulation for arsenical-treated wood and wood products was revised inappropriately. This rule corrects that revision. Today's rule also deletes two additional references to the Extraction Procedure (EP) Toxicity Characteristic and replaces them with references to the TC.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 57 FR 30657-30658, July 10, 1992.

Financial Responsibility for Third-Party Liability Closure, and Post-Closure

Effective September 16, 1992, the Environmental Protection Agency adopted amendments to its financial assurance requirements under subtitle C of the Resource Conservation and Recovery Act (RCRA) that finalized modifications proposed on July 1, 1991. This final rule amends the regulations related to third-party liability coverage, corrects errors and clarifies the language in the regulations of the July 1, 1991 proposed rule. The proposed amendments affect the claims reporting provisions and provisions for obtaining a letter of credit. The amendments expand the use of non-parent corporate guarantees to owners and operators of hazardous waste facilities for demonstrating financial responsibility for closure and post-closure care. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

In addition these amendments remove the trust fund pay-in period for permitted or existing interim status facilities and require the trust fund be fully funded within 30 days of the effective date of these regulations. The previous lengthy pay-in period had resulted in inadequate funding for closure and/or post-closure when the facility entered into bankruptcy prior to the completion of the pay-in period. To lessen the possibility of inadequate coverage the Commission, after extensive discussion, decided to abolish the pay-in period.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 56 FR 30201-30227, July 1, 1991, and at 57 FR 42832-42844, September 16, 1992

Financial Responsibility: Settlement Agreement

On March 19, 1985, the Environmental Protection Agency (EPA) proposed to amend portions of the closure and post-closure care and financial responsibility requirements applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs) (50 FR 11068). On May 2, 1986, EPA promulgated the amendments in their final form. These amendments were previously adopted in Colorado. Today's amendments correct typographical errors and inadvertent omissions to provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 51 FR 16422-16459, May 2, 1986, and as amended at 53 FR 7740-7741, March 10,1988, and at 55 FR 25976-25977, June 26, 1990.

Amendment to Change "Director" to Administrator"

Amendments were also made so that petitions to allow land disposal of wastes prohibited under Subpart C of Part 268 are submitted to, and decisions regarding applicability of and variances from treatment are sought from and made by the Administrator of the Environmental Protection Agency instead of the Director of the Hazardous Materials and Waste Management Division. These amendments were made in response to comments from EPA that this authority is nondelegable and are necessary for state authorization.

Correction of Typographical Errors and Omissions

In addition these amendments also correct typographical errors and inadvertent omissions that occur in the current regulations.

Statement of Basis and Purpose - Rule-making Hearing of May 17, 1994

Notes

6 CCR 1007-3-8.9
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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