6 Colo. Code Regs. § 1007-3-8.60
These amendments to 6 CCR 1007-3, Part 265 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 265.52 (Content of contingency plan) and § 265.53 (Copies of contingency plan)
At its August 16, 2005 Hearing, the Hazardous Waste Commission adopted an amendment recommended by the Colorado Department of Public Health and Environment, Hazardous Materials Waste Management Division which added the following new paragraph (g) to section 265.52 of the Colorado Hazardous Waste Regulations: § 265.52(g) The plan must specify:
The purpose of this amendment was to prompt large quantity generators of hazardous waste to identify the fire protection district responsible for providing fire protection services for their facility, and to serve as a tool for identifying those facilities that are not in a fire protection district and, thus, that would be responsible for developing their own fire protection plan as required by section 265.31 of the Regulations.
The Commission had received comments from the Colorado Emergency Planning Commission (CEPC) requesting that contingency plans also identify the applicable local emergency planning committee (LEPC) and that a copy of the contingency plan be provided to the LEPC. The Commission did not act on the requested change at its August hearing, but directed the Division staff to consult with the CEPC to draft a proposed amendment that achieved the CEPC's intention. This consultation occurred in August and September.
The CEPC and the Department believe, and the Commission agrees, that these amendments will improve protection of human health and the environment by improving the communication and coordination capabilities of LEPC's. LEPC's are an integral part of community response to emergency situations, and frequently assist local fire departments in responding to calls for assistance. Most counties and communities in the state have relatively small fire departments; many are volunteer fire departments. Mutual aid agreements among different jurisdictions are commonly used to improve response to emergency situations. The LEPC's facilitate local response in such situations, providing information to fire departments about hazardous materials or wastes that may be encountered at a given site. By ensuring that facilities are aware of which LEPC provides them services, and conversely, by ensuring the LEPC's are aware of facilities in their jurisdiction that have hazardous wastes on site, the amendments to the regulations will improve the emergency response capabilities of both local fire departments and the LEPC's themselves, resulting in benefits both to the facility and the surrounding community.
Accordingly, the Commission is hereby revising 6 CCR 1007-3, § 265.52(g) to read as follows: § 265.52(g) The plan must:
The Commission is also amending 6 CCR 1007-3, § 265.53(b) to read as follows: § 265.53(b) Submitted to all local police departments, fire departments, hospitals, local emergency planning committees, and State and local emergency response teams that may be called upon to provide emergency services.
These amendments are more stringent than the federal requirements of 40 CFR § § 265.52 and 265.53. The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule. The Commission finds that this rule is necessary to protect public health and the environment.
Statement of Basis and Purpose - Rulemaking Hearing of May 16, 2006
6 CCR 1007-3-8.60