6 Colo. Code Regs. § 1007-3-8.4

Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-8.4 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261, 264, 265, and 268 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Land Disposal Restrictions for First Third Wastes

The Environmental Protection Agency promulgated regulations restricting the land disposal of hazardous waste, and establishing specific treatment standards and effective dates for certain so-called "First Third" wastes. These amendments were previously adopted in Colorado, but were inadvertently deleted. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 53 FR 31138-31222, August 17, 1988, and as amended at 54 FR 8264-8266, February 27, 1989.

Land Disposal Restrictions for Second Third Wastes

The Environmental Protection Agency promulgated regulations implementing the Congressionally mandated prohibitions on land disposal of hazardous wastes listed in 40 CFR 268.11, and establishing specific treatment standards and effective dates for certain so-called "Second Third" wastes. These amendments were previously adopted in Colorado, but were inadvertently deleted. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 54 FR 26594-26652, June 23, 1989.

Land Disposal Restrictions for Third Third Wastes

The Environmental Protection Agency promulgated regulations restricting the land disposal of hazardous waste, and establishing specific treatment standards and effective dates for certain so-called "Third Third" wastes. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 55 FR 22520-22720, June 1, 1990.

Toxicity Characteristic Revisions

On March 29, 1990 (55 FR 11798), the Environmental Protection Agency promulgated regulations revising the existing toxicity characteristics, which are used to identify those wastes defined as hazardous and which are subject to regulation under subtitle C of the Resource Conservation and Recovery Act (RCRA) due to their potential to leach significant concentrations of specific toxic constituents. This rule broadened and refined the scope of the hazardous waste regulatory program and fulfilled specific statutory mandates under the Hazardous and Solid Waste Amendments of 1984 (HSWA). This rule replaced the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure (TCLP).

Appendix II, Method 1311 of the March 29, 1990 final rule was replaced in its entirety by Method 1311 of the June 29, 1990 final rule (55 FR 26986) in order to ensure consistency of the TCLP, Method 1311, with other methods contained in Test Methods for Evaluating Solid Waste (Physical/Chemical Methods), SW-846 and to clarify the sections on quality assurance. The June 29, 1990 rule also corrected several typographical errors and other omissions that appeared in the March 29, 1990 final rule.

These amendments were previously adopted in Colorado. Today's amendments modify the previously adopted regulations by removing the Toxicity Characteristic Leaching Procedure (TCLP) published in Appendix I of Part 268, and correct any other typographical errors and inadvertent omissions to provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 55 FR 11798-11877, March 29, 1990, and as amended at 55 FR 26986-26998, June 29, 1990.

Statement of Basis and Purpose - Rule-making Hearing of October 19, 1993

6 CCR 1007-3-8.4

37 CR 24, December 25, 2014, effective 3/2/2015
38 CR 11, June 10, 2015, effective 6/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 06, March 25, 2017, effective 4/14/2017
40 CR 11, June 10, 2017, effective 6/30/2017
40 CR 21, November 10, 2017, effective 11/30/2017
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 24, December 25, 2018, effective 1/14/2019
42 CR 06, March 25, 2019, effective 4/14/2019
42 CR 06, March 25, 2019, effective 5/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
43 CR 12, June 25, 2020, effective 7/15/2020
44 CR 06, March 25, 2021, effective 4/14/2021
44 CR 11, June 10, 2021, effective 6/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/10/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 23, December 10, 2022, effective 1/30/2023