6 Colo. Code Regs. § 1007-3-8.72
These amendments to 6 CCR 1007-3, Part 260 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Addition of § 260.34 Standards and Criteria for Non-waste Confirmations
These amendments add standards and criteria for making non-waste confirmations into § 260.34 of the Regulations provide state analogs to the applicable federal provisions of 40 CFR § § 260.30, 260.33, and 260.34 promulgated by the Environmental Protection Agency (EPA) as part of the Revisions to the Definition of Solid Waste (DSW) final rule published in the Federal Register on October 30, 2008 [73 FR 64668-64788].
EPA is currently reviewing a petition filed with the Administrator under RCRA section 7004(a) requesting that the Agency reconsider and repeal the DSW rule, and is soliciting comments and information to assist the agency in evaluating the petition. The Hazardous Materials and Waste Management Division (the "Division') may propose additional revisions to the Regulations as it completes its review of the October 2008 DSW rule, and any further amendments promulgated by the EPA as a result of its review of the petition to repeal the DSW rule.
These amendments establish a non-waste confirmation process into § 260.34 that provides persons with an administrative process for receiving a formal confirmation that their materials are not discarded and, therefore, not solid wastes when legitimately reclaimed. Hazardous materials presented for a non-waste confirmation must be legitimately recycled and, therefore, must meet the legitimacy factors of § 261.2(f), which are being promulgated today under a separate rulemaking.
The non-waste confirmation process is voluntary. Facilities may chose to continue to use the self-implementing portions of any applicable waste exclusions and, for the vast majority of cases, where the regulatory status of the hazardous material is evident, self-implementation will still be the most appropriate approach. In addition, facilities may continue to contact the Division to ask for informal assistance in making these types of non-waste confirmations. However, for cases where there is ambiguity about whether a hazardous material is a solid waste, today's formal process can provide regulatory certainty for both the facility and the Division.
The process for non-waste confirmations is not intended to affect any existing exclusion under § 261.4. The process is also not intended to affect any variance already granted under § 260.30 or other EPA or Division determination. Generators or reclaimers operating under an existing exclusion, variance or other EPA or Division determination do not need to apply for a formal non-waste confirmation under today's rule.
By providing more explicit criteria for determining the legitimacy of recycling practices, and an administrative process for receiving a formal non-waste confirmation, the Division expects these amendments to encourage the safe, beneficial recycling of hazardous materials. This regulatory initiative is consistent with the Division's policy of encouraging the recovery and reuse of valuable resources as an alternative to land disposal, while at the same time maintaining protection of human health and the environment.
This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 73 FR 64668-64788, October 30, 2008.
Statement of Basis and Purpose - Rulemaking Hearing of February 16, 2010
6 CCR 1007-3-8.72