6 Colo. Code Regs. § 1007-3-8.49
These amendments to 6 CCR 1007-3, Parts 261 and 268 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Conformance with the Vacatur of Organobromine Production Waste Listings
In a March 17, 2000 Federal Register (65 FR 14472-14475), the Environmental Protection Agency (EPA) amended its regulations to conform with an order issued on April 9,1999 by the United States Court of Appeals for the D.C. Circuit in Great Lakes Chemical Corporation v. EPA [Docket No. 98-1312] that vacated Agency regulations listing certain organobromine wastes as hazardous wastes under RCRA. Under the court's decision, and as reflected in the March 17, 2000 rule, the vacated federal hazardous waste listings and regulatory requirements based on those listings are to be 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 organobromine production wastes on April 20, 1999. At this time, the Commission is adopting revisions to the state analogs to maintain consistency and provide equivalency with the amendments of the March 17, 2000 rule (65 FR 14472-14475).
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 that were published in the Federal Register at 65 FR 14472-14475, March 17, 2000.
Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes
This rule adds two wastes (K174 and K175) generated by the chlorinated aliphatics industry to the list of hazardous wastes at § 261.32. Chlorinated aliphatic hydrocarbons chemicals (CAHCs) are a group of organic chemicals, most of which are colorless liquids at room temperature, primarily used as intermediate feedstocks for the production of polyvinyl chloride (PVC) plastics. CAHCs are also used directly in liquid form as various types of solvents, as intermediates for the production of other types of chemicals, and in assorted other commercial use categories.
This rule lists as hazardous waste two of six wastes generated by the chlorinated aliphatics industry. These two wastes are K174 - Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (EDC/VCM); and K175 - Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process. The effect of listing these two wastes is to subject them to stringent management and treatment standards under RCRA and to subject them to emergency notification requirements for releases of hazardous substances to the environment.
This rule allows for a contingent-management listing approach for the K174 waste. Under this approach, wastes meeting the K174 description that are disposed in a licensed or permitted Subtitle C landfill or nonhazardous waste landfill will not be considered hazardous wastes. The conditional listing is based on the results of a risk assessment, from which EPA concluded that management of K174 wastes in a landfill poses no significant risks to human health or the environment. To qualify for the exemption, the wastes cannot be placed on the land prior to disposal and the generator must be able to demonstrate that the wastes were disposed in a landfill.
The amendments being adopted at this time provide state equivalency with the regulatory requirements of the EPA, and include the following revisions:
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 65 FR 67068-67133, November 8, 2000.
Inorganic Chemical Manufacturing Wastes Identification and Listing
This rule adds three new wastes to the K-coded list of hazardous wastes regulated under § 261.32. The three inorganic chemical manufacturing wastes being added at this time are:
K176 - Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide), (E);
K177 - Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide), (T); and
K178 - Solids from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process. (T).
The effect of listing these wastes is to subject them to stringent management and treatment standards under RCRA AND to subject them to emergency notification requirements for releases of hazardous substances to the environment. These amendments add the toxic constituents found in these newly listed wastes to the list of constituents which forms the basis for classifying wastes as hazardous, and also sets land disposal restrictions prohibitions and treatment standards for these wastes in Part 268 of the regulations.
The amendments being adopted at this time provide state equivalency with the regulatory requirements of the EPA, and include the following revisions:
This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 66 FR 58258-58300, November 20, 2001; and as amended at 67 FR 17119-17120, April 9, 2002.
Correction of Typographical Errors and Inadvertent Omissions
These amendments correct typographical errors and inadvertent omissions that exist in § 261.32, Part 261 Appendices VII and VIII, § 268.7, § 268.40, and Part 268, Appendices VII and VIII of the current regulations.
Statement of Basis and Purpose - Rulemaking Hearing of February 18, 2003
6 CCR 1007-3-8.49