6 Colo. Code Regs. § 1007-3-8.21
These amendments to 6 CCR 1007-3, § § 264.1080, 265.1080 and 265.1082 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S. and pursuant to the emergency rule provisions in § 24-4-103(6), C.R.S.
Organic Air Emission Standards for Tanks. Surface Impoundments and Containers-Postponement of the Effective Date
Colorado currently operates an authorized hazardous waste management program under the federal Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. sections 6901 to 6992. The state's program is equivalent to and consistent with the federal hazardous waste program established by the U.S. Environmental Protection Agency ("U.S. EPA") pursuant to RCRA. To maintain its authorization to operate its state program in lieu of the U.S. EPA operating a federal program, Colorado must adopt state requirements equivalent to and consistent with the overlying federal requirements. Further, while the state has the authority to be more stringent than the federal program, only where there has been a clear state need to address a specific hazardous waste management issue in Colorado has the Hazardous Waste Commission adopted state program requirements which are more stringent than the overlying federal requirements.
At the April 18, 1995 Hazardous Waste Commission meeting the Commission adopted air standards that apply to owners and operators of permitted hazardous waste treatment, storage and disposal facilities (TSDF) and certain hazardous waste generators accumulating waste on-site in RCRA permit-exempt tanks and containers. The air emission standards adopted by the Commission were intended to be and were equivalent to the federal air emission standards adopted by the U.S. EPA. In adopting the state air emission standards the Commission relied in large part upon the basis expressed by the U.S. EPA in adopting the federal air emission standards. The effective date for both the state and federal air emission standards was to be December 6, 1995.
On November 13, 1995, U.S. EPA postponed the effective date of the federal air emission standards until June 6, 1996. (60 FR 56952) This extension of the federal effective date has created the situation where, if the state effective date is not extended, the state program will inadvertently become more stringent than the federal program. Such a result was certainly not the intent of the Commission in originally promulgating the state emission standards. Further, during this six month extension of the federal effective date, the U.S. EPA will also be considering certain amendments to the federal air emission standards to increase compliance flexibility and, if found to be warranted, to reduce certain regulatory requirements. It is likely that amendments will be made to the federal air emission standards during this process, thereby creating further distinctions between the state and federal programs. In light of U.S. EPA action and the information it will be reviewing, the Commission will also be considering whether the state air emission standards should be amended.
The Commission believes that requiring compliance with the state air emission standards before any overlying federal effective date places an unnecessary burden upon the regulated community in Colorado. The creation of such a situation was not the intent of the Commission in originally promulgating the state air emission standards which the U.S. EPA, and the Commission, may amend during the six month extension of the federal effective date is unwarranted.
Based on the above the Commission finds that the immediate adoption of an extension of the state effective date for the state air emission standards adopted by the Commission at its April 18, 1995 hearing is imperatively necessary for the preservation of public health, safety or welfare. Such an extension is also necessary to the maintenance of state consistency with federal environmental requirements which was the intent of the Commission. Further, the Commission finds that compliance with the otherwise applicable notice and hearing requirements of the State Administrative Procedure Act would prevent the Commission from extending the effective date of the state air emission standards prior to the current December 6, 1995 effective date and, therefore, compliance with such requirements would be contrary to the public interest.
The Commission has today extended, for a period not to exceed ninety days, the effective date of the air emission standards at its April 18, 1995 hearing, or until such time when the Commission adopts a final rule extending the effective date, which ever occurs earliest. A permanent rulemaking hearing for the rules will be held on January 16, 1996.
Statement of Basis and Purpose - Rule-making Hearing of January 16, 1996
6 CCR 1007-3-8.21