These amendments to 6 CCR 1007-3, Parts 260, 261 and 264 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Modernizing Ignitable Liquids Determinations
These amendments to Parts 260, 261 and 264 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to and provide equivalency with the Environmental Protection Agency (EPA) Modernizing Ignitable Liquids Determinations final rule published in the Federal Register on July 7, 2020 {85 FR 40594-40608}, and which became effective on September 8, 2020.
The federal rule finalized updates to the regulations for the identification of ignitable hazardous waste under the Resource Conservation and Recovery Act (RCRA), and codified existing guidance regarding the definition of aqueous for purposes of 40 CFR 261.21(a)(1). The federal rule also updated cross references to Department of Transportation (DOT) regulations, made certain other conforming amendments and technical corrections to the § 261.21 regulations, and added mercury thermometer alternatives in the air sampling and stack emissions test methods in SW-846 Test Methods 0010, 0011, 0020, 0023A, and 0051.
The specific amendments being adopted as part of this rulemaking include the following:
1) Section 260.11 (Incorporation by reference) - is being amended by: A) revising the section to list the test methods identified in § 260.11 in alphabetical and numerical order, and to update the information regarding the availability of the incorporated-by-reference (IBR) materials.B) adding SW-846 Method 1010B, SW- 846 Method 1020C, ASTM D8174-18, ASTM D8175-18, and ASTM E681-85 to the list of test methods incorporated by reference in § 261.11. SW-846 Method 1010B and SW-846 Method 1020C list the required methods to determine flashpoint for ignitable hazardous waste. SW-846 Method 1010B lists the Pensky-Martens flash point methods, which are ASTM Standards D93-79, D93-80, and D8175-18. SW-846 Method 1020C lists the Setaflash (small-scale) closed cup flash point methods, which are the ASTM Standards D3278-78 and D8174-18. ASTM D8174 - 18 is a test method to determine the flash point of liquid wastes using a small-scale (Setaflash) apparatus. ASTM D8175-18 is a test method used to determine the flash point of liquid wastes using a Pensky-Martens apparatus. ASTM E681-85 is a test method used to determine the upper and lower concentration limits of flammability for chemicals having sufficient vapor pressure to form flammable mixtures with air.C) updating the incorporation by reference listings for SW-846 Methods 0010, 0011, 0020, 0023A and 0051. These test methods were updated to allow the use of non-mercury thermometers in these air sampling and stack emission test methods.D) deleting test method ASTM E 926-88, "Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," Test Method C--Bomb, Acid Digestion Method.2) Section 261.21 (Characteristic of ignitability) is being amended by:A) revising paragraph (a)(1) to update the test methods required for measuring the flash point of a liquid waste when determining if that waste is an ignitable waste. The references to Methods 1010B and 1020C are updated to include ASTM standards D8174-18 and D8175-18.B) revising paragraph (a)(1) to define aqueous as "at least 50 percent water by weight".C) revising paragraph (a)(3)(ii)(A) to specify the ASTM standard E 681-85 as the approved test for determining whether any waste that is a compressed gas exhibits the RCRA ignitability characteristic, and to remove reference to the Bureau of Explosives as an approving agency for sampling and test methods.D) revising paragraph (a)(3)(ii)(B) to update the definition of ignitable compressed gas within paragraph(a)(3)(ii), removing references to Bureau of Explosives test methods, and mirroring the definition and testing that DOT now requires.E) deleting paragraphs (a)(3)(ii)(C) and (D).F) revising paragraph (a)(4)(i)(A) to replace the currently referenced "Class A explosive or a Class B explosive" with "Division 1.1, 1.2, or 1.3 explosive" to be consistent with DOT's revised classification system for explosives.G) deleting the four notes at the end of § 261.21, which are outdated and no longer necessary. These amendments are considered to be neither more nor less stringent than the existing provisions, and Colorado is not required to adopt these provisions. However, the Division believes that the adoption of these amendments will help provide greater clarity to hazardous waste identification, provide flexibility in testing requirements, and enhance protection of human 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 85 FR 40594-40608, July 7, 2020.
Statement of Basis and Purpose Rulemaking Hearing of November 16, 2021
37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023