6 Colo. Code Regs. § 1007-3-8.15
These amendments to 6 CCR 1007-3, sections 261.35(b)(2)(iii) and 264.190(a) are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S. and pursuant to the emergency rule provisions in § 24-4-103(6), C.R.S.
Analytical Requirements of Equipment Cleaning and Tank System Exemption
In October of 1993 the Office of Legislative Legal Services ("OLLS") challenged these rules and others on the basis that the rules incorporated materials by reference improperly. Specifically, the OLLS stated that EPA Publication SW-846, Test Methods for Evaluating Solid Waste Physical/Chemical Methods" ("SW-846") was not within the class of documents that could be incorporated by reference under the Colorado Administrative Procedures Act. Senate Bill 69, also known as the "Rule Bill", had set these rules for expiration on November 1, 1994. While an amendment was made to the Rule Bill which allowed for the extension of the other challenged rules, that amendment did not include § § 261.35(b)(2)(iii) and 264.190(a).
During the 1993-94 legislative session a bill which would allow for the incorporation by reference of SW-846 was passed (Senate Bill 151). These proposed rules are identical to the previous rules which expired on November 1, 1994. Section 261.35(b)(2)(iii), which concerns analytical requirements of equipment cleaning, and Section 264.190(a), concerning an exemption from the requirements of §264.193 for tank systems that contain no free liquids and are situated inside a building with an impermeable floor, are imperatively necessary for the continued authorization of Colorado's hazardous waste control program from the Environmental Protection Agency. The rules are also necessary for continued compliance with the Resource Conservation and Recovery Act. Because of the imperative need for the reinstatement of these requirements, the proposed rules are being adopted as emergency rules as provided in § 24-4-103(6), C.R.S. A permanent rule-making hearing for the rules will be held on February 21, 1995. Today's proposal provides state equivalency with the regulatory requirements of the Environmental Protection Agency.
Statement of Basis and Purpose - Rule-making Hearing of February 21, 1995
6 CCR 1007-3-8.15