These amendments to 6 CCR 1007-3, Parts 264, 265, 268, 273, and 6 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.
Hazardous Waste Management: Liquids in Landfills
These amendments provide increased flexibility to the regulated community by adding a third test to § § 264.314 and 265.314 of the existing state regulations for demonstrating that a sorbent is non-biodegradable. The test, OECD 301B (Modified Sturm Test) for determining the biodegradability of organic chemicals in water, was recently adopted by the Organization for Economic Cooperation and Development (OECD) after recommendation by an OECD Expert Group on Degradation/Accumulation. The Environmental Protection Agency concluded that the test is applicable, that it effectively measures the biodegradability of sorbents, and that its use in determining biodegradability of sorbents in a hazardous waste landfill will not have a negative environmental impact.
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 60 FR 35703-35706, July 11, 1995.
Amendment of § § 268.36(d) and 268.36(e)
These amendments correct errors which occurred when the land disposal restrictions for newly listed wastes and hazardous debris regulations of August 18, 1992 (57 FR 37194-37282) were adopted by Colorado. Colorado inadvertently omitted some wording when adopting state analogs to 40 CFR § 268.36(d) and § 268.36(e). These amendments make the corresponding additions to the state analogs to ensure equivalency with the applicable federal regulations.
Amendment of §268.36(g)
Section 268.36(g) was a time-limited provision that has expired and is no longer in effect. For this reason, the language in § 268.36(g) is being deleted, and paragraph (g) is being reserved.
Amendment of § 273.2(c)(2)(i)
This amendment corrects a typographical error which exists in subparagraph (c)(2)(i) of § 273.2 by replacing "Aerosol cans" with "Thermostats".
Amendment of § 6.04
Section 6.04 is being amended by revising paragraph (a) to reflect the annual Commission fees to be assessed for fiscal year 1996-97.
Statement of Basis and Purpose - Rulemaking Hearing of August 20, 1996
6 CCR 1007-3-8.25