6 Colo. Code Regs. § 1007-3-8.43
These amendments to 6 CCR 1007-3, Parts 260, 261, 262 and 268 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.
LDR Phase IV - Mineral Processing Secondary Materials Exclusion
These amendments provide for a conditional exclusion from the definition of solid wastes for mineral processing secondary materials. This rule amends the current regulations at § 261.2(c)(3) defining which "secondary materials" (sludges, by-products and spent materials) being generated by and reclaimed by mineral processing or beneficiation facilities are solid waste. These amendments create a conditional exclusion at § 261.4(a)(17) of the regulations for mineral processing secondary materials. The conditional exclusion requires that:
These amendments are less stringent than existing state standards, and Colorado is not required to adopt these provisions. The intended effect of this exclusion is to encourage safe recycling of mineral processing secondary materials by reducing regulatory obstacles to recycling, while ensuring that hazardous wastes are properly treated and disposed.
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 63 FR 28556-28753, May 26, 1998, and as amended at 64 FR 25408-25417, May 11, 1999.
LDR Phase IV - Bevill Exclusion Revision
These amendments to § 261.4(b)(7) of the regulations allow secondary materials from mineral processing to be co-processed with normal raw materials in beneficiation operations which generate Bevill exempt wastes, without changing the exempt status of the resulting Bevill waste, provided that legitimate recovery of the mineral processing secondary material is occurring, and provided that primary ores and minerals account for at least 50 percent of the feedstock.
These amendments are less stringent than existing state standards, and Colorado is not required to adopt these provisions. 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 that were published in the Federal Register at 63 FR 28556-28753, May 26, 1998, and as amended at 64 FR 25408-25417, May 11, 1999.
LDR Phase IV - Exclusion of Recycled Wood Preserving Wastewaters
These amendments at § 261.4(a)(10) of the regulations provide an exclusion from the definition of solid waste for certain materials generated and recycled by the wood preserving industry. Specifically, these amendments exclude certain wood preserving wastewaters and spent wood preserving solutions from classification as solid waste under RCRA. Any wood preserving plant claiming the exclusion for these wastes would need to manage them according to the following criteria:
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 63 FR 28556-28753, May 26, 1998.
Petroleum Refining Process Wastes
These amendments add four petroleum refining process wastes (K169-K172) to the list of RCRA hazardous wastes from specific sources in § 261.32, and establish land disposal restrictions (LDR) treatment standards for these wastes. These amendments also expand the conditional exemptions from the definition of solid waste to include three types of petroleum residues:
The amendments being adopted at this time include:
K169 - Crude oil storage tank sediment from petroleum refining operations;
K170 - Clarified slurry oil tank sediment and/or in-line filters/separation solids from petroleum refining operations;
K171 - Spent hydrotreating catalysts, and
K172 - Spent hydrorefining catalysts.
The revisions to § 261.32, Part 261 Appendix VII, § 268.35 § 268.40 are HSWA provisions and are more stringent than the current state provisions. In order to maintain its authorization to operate its state program in lieu of the U.S. Environmental Protection Agency operating a federal program, Colorado must adopt state requirements equivalent to and consistent with the overlying federal requirements. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.
The Hazardous Waste Commission is not adopting a state analog to the revisions made to 40 CFR § 266.100(b)(3). Section 266.100 is part of 40 CFR Part 266 , Subpart H regulations concerning "Hazardous Waste Burned in Boilers and Industrial Furnaces". Colorado has not adopted a state analog to 40 CFR Part 266, Subpart H at this time.
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 63 FR 42110-42189, August 6, 1998.
Petroleum Refining Process Wastes - Leachate Exemption
These amendments at § 261.4(b)(15) of the regulations provide a temporary exemption from the definition of hazardous waste for leachate and gas condensate derived from landfill disposal of petroleum refining process wastes (K169-K172). Prior to being listed as hazardous wastes, these petroleum refining process wastes were typically disposed in industrial and municipal solid waste landfills.
This conditional exemption does not apply if the leachate and gas condensate exhibit a hazardous waste characteristic (i.e., ignitability, corrosivity, reactivity, and/or toxicity) or are derived from any other listed hazardous waste in addition to the K169-K172 listings. Additional conditions for the deferral include:
The Environmental Protection Agency (EPA) is currently examining the issue of integrating RCRA and CWA regulations for the purpose of leachate management during this deferral period. Once EPA has taken final action on this issue, the Hazardous Waste Commission will notice and conduct a rulemaking hearing to consider any necessary amendments to this rule.
These amendments are less stringent than existing state standards, and Colorado is not required to adopt these provisions. 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 that were published in the Federal Register at 64 FR 6806-6814, February 11, 1999.
Corrections to the LDR Phase IV Rule
These amendments correct technical errors that were identified after Colorado adopted state analogs to the federal Land Disposal Restrictions (LDR) Phase IV rule.
The amendments being adopted at this time include:
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 64 FR 56469-56472, October 20, 1999.
Correction of Typographical Errors and Omissions
In addition, these amendments also correct typographical errors and inadvertent omissions that occur in the regulations.
Statement of Basis and Purpose - Rulemaking Hearing of June 20, 2000
6 CCR 1007-3-8.43