5 Colo. Code Regs. § 1002-64.28
The provisions of sections 25-8-202(1)(c), 25-8-205(1)(e), 25-8-501 to 504, and 25-8-509; C.R.S., provide the specific statutory authority for adoption. The commission also adopted, in compliance with section 24-4-103(4) C.R.S, the following statement of basis and purpose of these amendments.
BASIS AND PURPOSE
The Commission considered a number of issues that were identified at the August 12, 2002, informational hearing on the Biosolids Regulation in this rulemaking hearing.
Incorporation by Reference language has been updated to reflect the most accurate legal version in this regulation.
The Biosolids Regulation (Regulation 64) originally required that all Letters of Intent for Notices of Authorization, be submitted by certified mail. The reason this was instituted was so the Division would have a way to track the arrival of the Letter of Intent because the Division only had 60-calendar days to issue the Notice of Authorization. If it was not reviewed and issued within the 60 days it was deemed in effect by statute. Since that time the statute has been revised and the Notices of Authorization are no longer issued by default. Therefore the need to have the Letter of Intent submitted by certified mail no longer exists and the Commission has removed language found at Section 64.10 . 64.10(A)(3)(l) has been changed from Soil Conservation Services to Natural Resources Conservation Services.
Section 64.10 also references the re-issuance of Notices of Authorization. As of 1994 all new Notices of Authorization that have been issued, and any reissued Notices of Authorization, do not have an expiration date. Therefore the Commission has removed this language.
Regulation 64 was adopted prior to the promulgation of the federal biosolids regulations ( 40 CFR Part 503). As a result the language in Regulation 64 that describes the metals limits has not been consistent with the language at 40 CFR Part 503.13 and this inconsistency has been confusing to the regulated community. The Commission has revised the language in Regulation 64 to match that at 40 CFR Part 503.13 . Specifically the change eliminated the Maximum Metals Concentration classification of Grade l and Grade ll biosolids, found in Table 1 at Section 64.12 , which has been replaced with Table 1 "Ceiling Concentrations" and Table 3 "Pollutant Concentrations." This necessitated a renumbering of all the tables listed in Regulation 64 to make them consistent with the tables in 40 CFR Part 503.13.
The Commission removed sections 64.14 & (d), 64.14(B)(2)(c) &(d), and 64.15(A)(2)(c) &(d) that referenced monitoring for polychlorinated biphenyls (PCBs) which is not a requirement of the biosolids regulation and is covered in the federal regulations at 40 CFR Part 761 and in Part 279 of the Colorado Hazardous Waste Regulations. The disposal of material that has a total alpha activity of 40 picocuries per gram or greater is covered by the Colorado Radiation Control Act found at CRS 25-11-104 & 107. The Hazardous Waste Division and the Laboratory and Radiation Services (LARS) Division regulate disposal of these materials, respectively. There have been no monitoring requirements associated with these criteria in Regulation 64 as previous monitoring has indicated the likelihood of biosolids exceeding either criterion to be minimal.
The "Analytical Methods" found at Section 64.16 have been replaced with updated and are approved by the Division. These approved methods are consistent with current EPA methods. This change was needed due to the evolution of more advanced methods of analysis and lower detection limits that provide greater accuracy.
Corrections of various typographical errors have also been made.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-64.28