6 CCR 1007-3-8.93 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 279 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of the Part 279 Standards for the Management of Used Oil

These amendments revise sections 279.1, 279.10, 279.11, 279.22, 279.44, 279.45, 279.52, 279.54 279.55, 279. 64, and 279.74 of Colorado's Part 279 Standards for the Management of Use Oil.

With the exception of the revisions to section 279.10, these amendments consist mainly of corrections to minor typographical and technical errors that exist in the Part 279 regulations.

The more substantive changes to section 279.10 include the following:

1) Amendment of Section 279.10(i) - Applicability of the Used Oil Management Standards to PCB contaminated used oil. Paragraph (i) of section 279.10 is being amended to clarify the applicability of the RCRA used oil management standards to used oil containing PCBs. The amendment clarifies that used oil that contains less than 50 ppm of PCBs is generally subject to regulation under the RCRA used oil management standards. However, the amendment notes that the Toxic Substances Control Act (TSCA) prohibition against the dilution of PCB concentrations below regulatory thresholds (40 CFR 761.1(b)(5)) applies to the dilution of PCB-containing used oil Used oil, therefore, that contains, or contained prior to dilution, 50 ppm or greater of PCBs in not subject to regulation under the RCRA used oil management standards, because the TSCA regulations at 40 CFR Part 761 provide comprehensive management of such used oil.
2) Removal of Section 279.10(b)(3) - Mixtures of used oil and very small quantity generator hazardous waste. The Division is removing the provision at § 279.10(b)(3) to clarify the state's intent to be more stringent than the federal requirements regarding the management of mixtures of used oil and listed hazardous waste from very small quantity generators (VSQGs) of hazardous waste.

Pursuant to the federal provisions of §§ 262.13(f)(iii) and 279.10(b)(3), mixtures of VSQG listed hazardous waste and used oil are exempt from regulation under the hazardous waste management regulations, and may be managed as used oil under the used oil management standards of 40 CFR Part 279.

The Division believes that VSQG generated mixtures of used oil and listed hazardous waste should be managed in accordance with the same requirements applicable to mixtures of used oil and listed hazardous waste generated by small quantity generators and large quantity generators. Allowing VSQG generated mixtures of used oil and listed hazardous waste to be managed as used oil makes compliance assurance difficult and significantly reduces a VSQG's incentive to minimize the amount of listed hazardous waste it generates, and may also lead to management of the waste in a manner that is not protective of human health and the environment.

In adopting state analogs to the federal hazardous waste generator improvements rule on May 15, 2018, Colorado included more stringent language in § 262.13(f) regarding VSQG mixtures of used oil and hazardous waste.

Pursuant to the requirements of 6 CCR 1007-3, § 262.13(f)(iii), if a VSQG's characteristic hazardous wastes are mixed with used oil, and the resulting mixture does not exhibit any hazardous waste characteristic, the mixture is subject to the Part 279 used oil regulations. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under the Part 279 regulations. However, pursuant to 6 CCR 1007-3, § 262.13(f)(iv), if a VSQG mixes any hazardous waste listed in subpart D of Part 261 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) with used oil, the resultant mixture is a newly generated listed hazardous waste and must be managed as hazardous waste. The VSQG must count both the resultant mixture amount plus all other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories found in § 260.10 of these regulations. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

In its adoption of the hazardous waste generator improvements rule, Colorado inadvertently failed to amend § 279.10(b)(3) to be consistent with the more stringent provisions of § 262.13(f), and to include a discussion of this more stringent provision in the Statement of Basis and Purpose for the May 18, 2018 rulemaking.

This amendment removing the provision at § 279.10(b)(3) clarifies the state's intent pursuant to § 262.13(f)(iv) to be more stringent than the federal requirements regarding the management of VSQG mixtures of used oil and hazardous waste.

This amendment is more stringent than the federal regulations. The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule. The Commission finds that this rule is necessary to protect public health and the environment.

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 68 FR 44659-44665, July 30, 2003 regarding the amendment of Section 279.10(i).

Statement of Basis and Purpose Rulemaking Hearing of February 19, 2019

Notes

6 CCR 1007-3-8.93
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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