6 Colo. Code Regs. § 1007-3-8.33
These amendments to 6 CCR 1007-3, Parts 261, 268, and 273 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.
Conformance with the Carbamate Vacatur
In a June 17, 1997 Federal Register (62 FR 32974-32980), the Environmental Protection Agency (EPA) amended its regulations to conform with the federal appeals court ruling in Dithiocarbamate Task Force v. EPA, 98 F.3d 1394 (D.C.Cir. 1996), that invalidated in part, Agency regulations listing certain carbamate wastes as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). These regulations pertain to hazardous waste management of carbamate industry wastes under RCRA, related rules affecting the list of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and regulations issued under state programs approved by the Administrator. Under the court's decision, and as reflected in the June 17, 1997 rule, the vacated federal hazardous waste listings and regulatory requirements based on those listings are to be treated as though they have never been in effect. State regulations, which may be more stringent than federal rules, were not necessarily affected by the court's ruling.
While the state has the authority to be more stringent than the federal program, this was not the intent of the Commission when originally promulgating state analogs to the federal regulations for carbamate wastes. At this time, the Commission is adopting revisions to the state analogs to maintain consistency and provide equivalency with the amendments of the June 17, 1997 rule (62 FR 32974-32980).
The amendments being adopted at this time include the following revisions:
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 62 FR 32974-32980, June 17, 1997.
Amendment of § 261.21
Paragraph (a)(4) of § 261.21 is being amended at this time by replacing the reference to "49 CFR § 173.151" with the proper reference citation of "49 CFR 173.127" as the correct location for the definition of "oxidizer".
Amendment of § 261.23
Paragraph (a)(8) of § 261.23 is being amended at this time by replacing the current references for the U.S. Department of Transportation (DOT) definitions and classifications of forbidden and Class A and B explosives with the proper reference citation of "49 CFR 173.50" to reflect the location of the new DOT classification codes for Class 1, Division 1.1, 1.2, and 1.3 explosives; and by referencing "49 CFR 173.54" as the correct location for the definition of "forbidden explosive".
Amendment of the U021 and U240 Listings in the table at § 268.40
These amendments revise the listings for U021 and U240 in the table at § 268.40 by changing the treatment standard of "INCIN", which specifies hazardous waste incineration, to "CMBST", which allows combustion in incinerators, boilers, and industrial furnaces. The new CMBST standard was inadvertently omitted from the U021 and U240 listings when the Hazardous Waste Commission adopted state analogs to EPA's Land Disposal Restrictions (LDR) Phase III rule at their August 19, 1997 hearing. These amendments provide state equivalency with the federal LDR Phase III requirements which were published in the Federal Register on April 8, 1996 (61 FR 15566-15660).
Amendment of § 273.14 and § 273.34
These amendments to paragraphs (b) and (c) of § § 273.14 and 273.34 correct inaccurate references for universal waste pesticides that exist in the current regulations. Paragraphs (b) of § § 273.14 and 273.34 are being revised at this time to replace "§ 273.3(a)(1)" with "§ 273.2(b)(1)(i)" as the correct citation for the location of the description of recalled universal waste pesticides. Paragraphs (c) of § § 273.14 and 273.34 are being revised at this time to replace "§ 273.3(a)(2)" with "§ 273.2(b)(l)(ii)" as the correct citation for the location of the description of unused universal waste pesticides.
Correction of Typographical Errors and Inadvertent Omissions
These amendments update the table of contents for Part 268 by adding a listing for Appendix XI; and revise line (c) of the § 273.6 definition of "Universal Waste" by adding a semicolon at the end of the sentence.
Statement of Basis and Purpose - Rule-making Hearing of May 19, 1998
6 CCR 1007-3-8.33