6 Colo. Code Regs. § 1007-3-8.1
These amendments to 6 CCR 1007-3, sections 100.41(b), 261.4(a), 262.34, 261.35(b), 264.190, 264.570, 264.571264.572, 264.573264.574, 264.575, 265.190, 265.440, 265,441, 265.442, 265.443, 265.444 and 265.445 an promulgated pursuant to the authority granted the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Effective June 6,1991 the Environmental Protection Agency ("EPA") adopted amendments to rules under the Resource Conservation and Recovery Act listing as hazardous three categories of wastes from wood preserving operations that use chlorophenolic, creosote, and/or inorganic (arsenical and chromium) preservatives. The listings included wastewaters, process residuals, preservative drippage, and spent preservatives from wood preserving processes at facilities that use or have previously used chlorophenolic formulations, facilities that use creosote formulations, and facilities that use inorganic preservatives containing arsenic or chromium. The rules also included permitting and interim status standards for drip pads used to assist in the collection of treated wood drippage. The promulgation of these rules provide state equivalency with the rules of the EPA and assure authorization of the state hazardous waste program.
This Basis and Purpose incorporates by reference the preamble language for these amendments published in the Federal Register at 55 FR 50450-50489 and 56 FR 30192-30198.
In the preamble to the federal rule published December 6, 1990, 55 FR 50450, the EPA stated that certain information collection requirements in the federal rule would not be effective until the Office of Management and Budget ("OMB") had reviewed and approved them. The preamble to the federal amendments to the December 6, 1990 rule, published July 1, 1991, 56 FR 30192 indicates that the OMB had reviewed and approved the information collection request, although the rule as published in the 1992 Code of Federal Regulations: continues to state that the effective data for these requirements remains contingent upon OMB approval. Despite this confusion in the federal rules, the Commission has determined that the effective date for the information collection requirements should not be delayed. Testimony indicated that the recordkeeping requirements should not add significantly to the existing requirements of either the Division or facilities affected by these requirements.
Statement of Basis and Purpose - Rule-making Hearing of July 20, 1993
Wood Preserving; Identification and Listing of Hazardous Waste; Standards and Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
6 CCR 1007-3-8.1