6 Colo. Code Regs. § 1007-3-8.14
These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, 266, 267, 268, 2, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), CR.S.
Land Disposal Restrictions Phase II - Universal Treatment Standards, and Treatment Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes
On September 19, 1994, the Environmental Protection Agency (EPA) promulgated a final rule establishing treatment standards for the newly identified organic toxicity characteristic (TC) wastes (D018-D043 wastes) (except those managed in Clean Water Act (CWA) systems, CWA-equivalent systems, or Class I Safe Drinking Water ACT (SDWA) injection wells), and for all newly listed coke by-product and chlorotoluene production wastes. The required treatment standards for these wastes must be met before they are land disposed. These final federal rules also require ignitable characteristic wastes (D001 wastes) with a high total organic carbon (TOC) content and toxic characteristic pesticide wastes (D012-D017 wastes), that are being disposed in Class I nonhazardous waste injection wells, to either be injected into a well that is subject to a no-migration determination, or be treated by the designated LDR treatment method. The Hazardous Waste Commission is not adopting the revisions made to § 268.1(c)(3) by this final federal rule. In the federal regulations, 40 CFR § 268.1(c)(3) provides for an exception to the land disposal restrictions if hazardous wastes are disposed of in injection wells. Colorado rules prohibit Class I injection wells. Because the state analogs do not provide for the injection well exception to land disposal restrictions, Colorado's requirements are more stringent than the applicable federal regulations. Promulgation of these treatment standards for the newly identified and listed wastes and promulgation of the dilution prohibitions for high TOC ignitables and pesticides fulfills requirements of a proposed consent decree between EPA and the Environmental Defense Fund, and a settlement agreement between EPA, the Hazardous Waste Treatment Council, and a number of environmental groups including the Natural Resources Defense Council.
The Hazardous Waste Commission is also not adopting the revisions made to 40 CFR Part 266 , Subpart H, "Hazardous Waste Burned in Boilers and Industrial Furnaces". These final federal rules revise 40 CFR § 266.100, and add Appendix XIII to Part 266 Colorado has not adopted a state analog to 40 CFR Part 266 , Subpart H at this time.
These final federal rules make a major improvement in the Land Disposal Restrictions program in order to simplify and provide consistency in the requirements. These amendments establish a consolidated table of treatment standards, referred to as universal treatment standards, to replace the existing system of three separate tables at § § 268.41 through 268.43.
The hazardous waste recycling regulations are modified by this final rule to allow environmentally beneficial recycling operations to continue without the regulatory impediments imposed by full RCRA Subtitle C requirements. These modifications broaden the § 261.2(e)(1)(iii) "closed-loop" recycling exclusion from the definition of solid waste such that the residues of a secondary process are excluded from being a solid waste if they are reinserted into the process without prior reclamation (and also similarly broaden the related § 260.30(b) variance for materials that are reclaimed prior to reinsertion). These provisions will put secondary recovery operations that recycle residues on the same regulatory footing as primary recovery operations.
At this time, the Hazardous Waste Commission is also adopting those amendments of the May 24, 1993 interim final rule (58 FR 29860-29887) which have not been revised by the September 19, 1994 final rule. These amendments include the addition of § 268.37, and the revision of B(1) in Appendix I of Part 100.
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 59 FR 47982-48110, September 19, 1994; and as amended at 60 FR 242-302, January 3, 1995.
Identification and Listing of Hazardous Wastes: Wastes from Wood Surface Protection
On January 4, 1994, the Environmental Protection Agency (EPA) issued a final hazardous waste listing determination for wastes generated from the use of chlorophenolic formulations in wood surface protection processes. Upon reviewing the public comments received on its proposal of April 27, 1993, EPA determined that listing chlorophenolic wastes from wood surface protection operations was unnecessary and would not yield the benefits intended by a hazardous waste listing under the RCRA program. As a result of this determination, EPA did not mandate in the January 4, 1994 rule any specific operating or information collection requirements for owners/operators of wood surface protection plants.
Although this final rule did not list any wastes from wood surface protection processes as hazardous, EPA believes that certain constituents contained in these wastes warrant inclusion in Appendix VIII of Part 261. This final rule amends the hazardous waste regulations by adding the sodium and potassium salts of pentachlorophenol and tetrachlorophenol to Appendix VIII of Part 261. This rule also finalizes the proposed amendment of SW-846 ("Test Methods for Evaluating Solid Waste, Physical/Chemical Methods") to include Method 4010 (Immunoassay Test for the Presence of Pentachlorophenol). A June 2, 1994 notice corrects the inaccurate references in the January 4, 1994 final rule to the EPA publication SW-846, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods". These amendments provides 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 59 FR 458-469, January 4, 1994, and amended at 59 FR 28484, June 2, 1994.
Financial Assurance: Letter of Credit
On June 10, 1994, the Environmental Protection Agency (EPA) issued a final rule amending the regulations related to financial assurance promulgated under Subtitles C and I of the Resource Conservation and Recovery Act (RCRA). Those regulations cite the "Uniform Customs and Practice for Documentary Credits," published by the International Chamber of Commerce. This notice inserts the words "and copyrighted" into the letter of credit instrument (found at § 266.18(e) and (l) in the Colorado Hazardous Waste Regulations, 6 CCR 1007-3) to clarify that the International Chamber of Commerce publication is copyrighted material. As a result of this notice, owners and operators using the letter of credit instrument to demonstrate financial assurance must include this additional language. This amendment provides 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 59 FR 29958-29960, June 10, 1994.
Amendment to Change "Colorado Department of Health" to "Colorado Department of Public Health and Environment"
Effective July 1, 1994 the Colorado Department of Health changed its name to the Colorado Department of Public Health and Environment. These amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, 266, and 2 are made to reflect this name change.
Revision of Additional Reports Requirements of § 264.77 and 265.77.
These amendments add new provisions 264.77(d) and 265.77(e) which require the owner/operator of a treatment, storage, or disposal facility to submit annual report information to the Department for the purpose of assessing facility annual fees in accordance with § 100.31 of the Colorado Hazardous Waste Regulations.
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 February 21, 1995
6 CCR 1007-3-8.14