6 Colo. Code Regs. § 1007-3-8.7
These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.
Hazardous Waste Treatment Storage, and Disposal Facilities-Organic Air Emission Standards for Process Vents Equipment Leaks
On June 21, 1990, the Environmental Protection Agency promulgated standards that limit organic air emissions as a class at hazardous waste treatment, storage, and disposal facilities (TSDF) requiring a permit under subtitle C of RCRA. This action is the first part of a multiphased regulatory effort to control air emissions at new and existing hazardous waste TSDF. This rule establishes final standards limiting organic emissions from (1) process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, and air or steam stripping operations that manage hazardous wastes with 10 parts per million by weight (ppmw) or greater total organics concentration, and (2) leaks from equipment that contains or contacts hazardous waste streams with 10 percent by weight or greater total organics. An April 26, 1991 technical amendment corrects typographical errors in the regulatory text of the June 21, 1990 final rule. These amendments provide slate 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 25454-25519, June 21, 1990, and at 56 FR 19290, April 26, 1991.
Requirements of Rulemaking Petitions
One of several requirements created when the Hazardous and Solid Waste Amendments (HSWA) were signed into law on November 8, 1984, was to establish additional and more specific criteria for evaluating petitions submitted under 40 CFR 260.20 and 260.22, to exclude ("delist") specific wastes from the lists of hazardous wastes contained in 40 CFR 261.31, 261.32, and 26133. These amendments clarify an ambiguity created when EPA inadvertently failed to alter 40 CFR 260.22(b) when modifying the other portions of § 260.22, to ensure that the entire delisting program is consistent with HSWA. 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 27114-27117, June 27, 1989.
Spent Pickle Liquor From Steel Finishing Operations
On May 28, 1986 (51 FR 19320), EPA promulgated a rule to amend the regulations for hazardous waste management under the Resource Conservation and Recovery Act by stating that the listing for spent pickle liquor from steel finishing operations (EPA Hazardous Waste No. K062) applies only to wastes generated by iron and steel facilities. EPA issued a technical correction to this amendment on September 22, 1986 (51 FR 33612). One person questioned whether this action was a rule requiring prior notice and opportunity to comment. In response, on May 6, 1987, (52 FR 16982), EPA proposed an amendment to the rule and finalized that action on August 3, 1987 (52 FR 28697), by adopting the final rule stating that the listing applies to spent pickle liquor produced by any plant in the iron and steel industry. 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 Agency regulations published in the Federal Register at 52 FR 28697-27698, August 3, 1987.
Standards for Hazardous Waste Storage and Treatment Tank Systems
On August 15, 1986 (51 FR 29430), EPA issued a final rule to correct typographical and other errors in a final rule for hazardous waste storage and treatment tank systems under the Resource Conservation and Recovery Act (RCRA) that appeared in Federal Register of July 14, 1986 (51 FR 25422). These amendments provide state equivalency with the regulatory requirements of EPA.
This Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 51 FR 29430-29431, August 15, 1986.
Farmer Exemptions: Technical Corrections
On August 8, 1986, EPA promulgated regulations for the export of hazardous waste under the Resource Conservation and Recovery Act (RCRA), and in doing so moved the RCRA farmer exemption to a new section in the Code of Federal Regulations (CFR). EPA, however, failed to modify a number of other sections in the CFR which refer to the farmer exemption by section. Then, on July 8, 1987, EPA sought to amend the farmer exemption to make it clear that farmers who were otherwise exempt from hazardous waste regulations were also exempt from land disposal restrictions. In doing so, however EPA inadvertently moved the farmer exemption back to its old section (which was already occupied by the export regulations). The July 19, 1988 amendments correct these errors. These amendments were previously adopted in Colorado. Today's amendments correct an inadvertent omission to provide state equivalency with the regulatory requirements of EPA.
This Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 53 FR 27164-27165, July 19, 1988.
Treatability Studies Sample Exemption
On July 19, 1988, the Environmental Protection Agency issued a final rule that conditionally exempts waste samples used in small-scale treatability studies from Subtitle C regulation. Consequently, generators of the waste samples and owners or operators of laboratories or testing facilities conducting such treatability studies will be exempt from the Subtitle C hazardous waste regulations, including the permitting requirements, when certain conditions are met. These amendments were previously adopted in Colorado. Today's amendments correct 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 53 FR 27290-27302, July 19, 1988.
Permit Modifications for Hazardous Waste Management Facilities
On September 28, 1988, the Environmental Protection Agency promulgated a final rule that established new procedures that applied to changes that facility owners and operators may want to make at their facilities. EPA categorized selected permit modifications into three classes and established administrative procedures for approving modifications in each of these classes. The purpose of these amendments is to provide owners and operators more flexibility to change specified permit conditions, to expand public notification and participation opportunities, and to allow for expedited approval if no public concern exists for a proposed permit modification. These amendments were previously adopted in Colorado. Today's amendments correct typographical errors and inadvertent omissions to provide state equivalency with the regulatory requirements of EPA.
This Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 53 FR 37912-37942, September 28, 1988, and as amended at 53 FR 41649, October 24, 1988.
Changes to Interim Status Facilities for Hazardous Waste Management: Modifications of Hazardous Waste Management Permits Procedure for Post-Closure Permitting
On March 7, 1989, the Environmental Protection Agency promulgated amendments to the hazardous waste regulations under RCRA governing changes at interim status and permitted facilities, including redesignation of certain permit modifications as Class 1. The March 7, 1989 final rule also amended the hazardous waste permitting regulations to clarify the Agency's authority to deny permits for the active life of a facility while a permit decision with respect to the post-closure period remains pending.
Colorado is only adopting the amendments which modify the regulations at 40 CFR § 270.42, to reclassify as Class 1 certain permit modifications necessary to enable facilities to comply with the land disposal restrictions. Specifically, it allows owners and operators of permitted facilities to add new waste codes, or a narrative description, to a permit as Class 1 modifications where the added wastes are:
This Basis and Purpose incorporates by reference the preamble language for the EPA regulations published in the Federal Register at 54 FR 9596-9609, March 7, 1989.
Treatment by Generators
This rule allows treatment of hazardous wastes by generators in tanks or containers and allows for the Division to apply additional standards to ensure protection of health and the environment on a case-by case basis.
Prior to this rule, generators were required to obtain a treatment permit in order to treat their own hazardous waste in containers or tanks onsite. This permitting process was often lengthy and expensive. Rather than go through the permitting process, most generators chose to ship their waste offsite without the benefit of first reducing the quantity or toxicity of their wastes. This resulted in more waste transported offsite to commercial treatment facilities, or to land disposal facilities, at greater costs to generators. This rule allows generators to treat certain wastes prior to shipping offsite thus reducing volume, toxicity, or increasing the ability to recycle or reclaim such wastes, and decreasing environmental and health risks as well as costs to ship and process the wastes.
Because of the inherent dangers of fire explosion, or evolution of toxic gases, involved in thermal treatment and treatment of reactive waste, these are excluded from this permit by rule. Such treatment is subject to full permitting requirements of Part 100 of these rules.
Correction of Typographical Errors and Omissions
In addition, these amendments also correct typographical errors and inadvertent omissions that occur in the current regulations.
Statement of Basis and Purpose - Rule-making Hearing of February 15, 1994
6 CCR 1007-3-8.7