6 Colo. Code Regs. § 1007-3-8.95
These amendments to 6 CCR 1007-3, Parts 260 and 262 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Confidentiality Determinations for Hazardous Waste Export and Import Documents
These amendments revise existing regulations of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) regarding the export and import of hazardous wastes from and into the United States. These amendments correspond to the Environmental Protection Agency (EPA) rule that was published in the Federal Register on December 26, 2017 {82 FR 60894-60901}, and the amendments to § 260.2(c) included in the Hazardous Waste E-Manifest rule published in the Federal Register on February 7, 2014 (79 FR 7518-7563).
The § 260.2 amendments apply a consistent approach in addressing confidentiality claims for export and import documentation, such that EPA will no longer accept confidential business information (CBI) claims that might be asserted in connection with:
The application of confidentiality determinations to RCRA export, import, and transit documents in this action generally affects three groups:
Conforming revisions are being made to paragraphs (b)(5) and (f)(9) of section 262.83 (Exports of Hazardous Waste) and paragraphs (b)(4) and (f)(8) of section 262.84 (Imports of Hazardous Waste) to remove language regarding asserting CBI claims for notification and contract documents related to the export and import of hazardous waste.
As part of this rulemaking, Colorado is also revising § 260.2 of its regulations to correspond to 40 CFR § 260.2 (Availability of information; confidentiality of information). These amendments include moving the incorporation by reference provisions currently found in § 260.2 of the state regulations and consolidating the information into § 260.11 (Incorporation by reference).
Because of the federal government's special role in matters of foreign policy, EPA does not authorize States to administer Federal import/export functions in any section of the RCRA hazardous waste regulations. This approach of having Federal, rather than State, administering of the import/export functions promotes national coordination, uniformity and the expeditious transmission of information between the United States and foreign countries.
Although States do not receive authorization to administer the Federal government's import/export functions in 40 CFR part 262 subpart H, or the import/export relation functions in any other section of the RCRA hazardous waste regulations, State programs are still required to adopt the provisions in this rule to maintain their equivalency with the Federal program (see 40 CFR § 271.10(e)).
Colorado is not adopting the amendments to 40 CFR § 261.39 (Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling), as Colorado has not adopted state analogs to these optional federal provisions.
This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 82 FR 60894-60901, December 26, 2017, and the preamble language for the amendment of § 260.2 as published in the Federal Register at 79 FR 7518-7563, February 7, 2014.
Statement of Basis and Purpose Rulemaking Hearing of May 19, 2020
6 CCR 1007-3-8.95