6 CCR 1007-3-8.95 - Basis and Purpose

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

Confidentiality Determinations for Hazardous Waste Export and Import Documents

These amendments revise existing regulations of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) regarding the export and import of hazardous wastes from and into the United States. These amendments correspond to the Environmental Protection Agency (EPA) rule that was published in the Federal Register on December 26, 2017 {82 FR 60894-60901}, and the amendments to § 260.2(c) included in the Hazardous Waste E-Manifest rule published in the Federal Register on February 7, 2014 (79 FR 7518-7563).

The § 260.2 amendments apply a consistent approach in addressing confidentiality claims for export and import documentation, such that EPA will no longer accept confidential business information (CBI) claims that might be asserted in connection with:

a) processing, using, or retaining individual paper or electronic manifests or aggregate data (see § 260.2(c)(1)); and
b) individual documents and/or aggregate data related to the export, import, and transit of hazardous waste and export of excluded cathode ray tubes (CRTs) (see § 260.2(d)(1)).

The application of confidentiality determinations to RCRA export, import, and transit documents in this action generally affects three groups:

(a) all persons who export or import (or arrange for the export or import of) of hazardous waste for recycling or disposal, including those hazardous wastes subject to the alternate management standards for:
(1) universal waste for recycling or disposal,
(2) spent lead-acid batteries (SLABs) being shipped for reclamation,
(3) industrial ethyl alcohol being shipped for reclamation,
(4) hazardous waste samples of more than 25 kilograms being shipped for waste characterization or treatability studies, and
(5) hazardous recyclable materials being shipped for precious metal recovery;
(b) all recycling and disposal facilities who receive imports of such hazardous wastes for recycling or disposal; and
(c) all persons who export (or arrange for the export of) conditionally excluded cathode ray tubes (CRTs) being shipped for recycling.

Conforming revisions are being made to paragraphs (b)(5) and (f)(9) of section 262.83 (Exports of Hazardous Waste) and paragraphs (b)(4) and (f)(8) of section 262.84 (Imports of Hazardous Waste) to remove language regarding asserting CBI claims for notification and contract documents related to the export and import of hazardous waste.

As part of this rulemaking, Colorado is also revising § 260.2 of its regulations to correspond to 40 CFR § 260.2 (Availability of information; confidentiality of information). These amendments include moving the incorporation by reference provisions currently found in § 260.2 of the state regulations and consolidating the information into § 260.11 (Incorporation by reference).

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.

Although States do not receive authorization to administer the Federal government's 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)).

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), 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 82 FR 60894-60901, December 26, 2017, and the preamble language for the amendment of § 260.2 as published in the Federal Register at 79 FR 7518-7563, February 7, 2014.

Statement of Basis and Purpose Rulemaking Hearing of May 19, 2020

Notes

6 CCR 1007-3-8.95
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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