6 Colo. Code Regs. § 1007-3-8.23
These amendments to 6 CCR 1007-3, Parts 260, 261, 268 and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.
RCRA Expanded Public Participation
These amendments enhance public participation in the hazardous waste facility permitting process for facilities that store, treat, or dispose of hazardous wastes by providing earlier opportunities for public involvement in the process and expanding public access to information throughout the permitting process and the operational lives of facilities.
Section 100.11(f) of these amendments requires a prospective applicant to hold an informal public meeting before submitting an application for a RCRA permit. Section 100.11(f) also requires the applicant to advertise the meeting in the newspaper, through a broadcast announcement (e.g., by radio or television), and on a sign posted at or near the property. This meeting will provide a chance for the facility to inform the community, and the community to interact with and provide input to a facility, before the owner or operator of the facility submits a permit application.
Section 100.506(a)(1)(vii) requires the Director to provide public notice that a part B permit application has been submitted to the Department and is available for review. Section 100.506(f) gives the Director the authority to require a facility owner or operator to set up an information repository at any time during the permitting process or life of the permit. The repository will hold all information and documents that the Director determines are necessary to fulfill the purposes for which the repository was established.
The Commission has for the most part adopted state analogs to the federal requirements in 40 CFR § § 124.31, 124.32, and 124.33 regarding public participation in the hazardous waste facility permitting process which are equivalent to the federal requirements. In the following circumstances the Commission has however adopted state analogs which are more stringent than the federal requirements regarding public participation in the hazardous waste facility permitting process. These more stringent state provisions include:
The Commission expects that applicants and permit holders will make a good faith effort to announce the pre-application meeting to as many members of the affected community as possible. In an effort to reach neighboring communities that may have a potential interest in the facility, the Commission encourages facilities to place advertisements in free newspapers and community bulletins of the host and neighboring communities; and to place additional signs in nearby commercial, residential, or downtown areas. The signs should be similar in size to zoning notice signs required by local zoning authorities. Additional outreach measures might include mailings to area residents, adjacent property owners, and neighborhood associations.
The Commission has adopted state requirements that make public participation requirements applicable to all Part B permit applications which were previously only applicable to hazardous waste incinerator permits applications. This has made the specific § 100.41(b)(5)(v) pre-application public participation provisions applicable to hazardous waste incinerators unnecessary and they have therefore been deleted.
The Commission is not adopting the revisions made to 40 CFR § 270.62, "Hazardous waste incinerator permits." The Commission has already incorporated public participation provisions that are more stringent than the federal requirements when they adopted the technical and procedural standards related to permitting and operation of hazardous waste incinerators at their May 16, 1995 rule making hearing.
The Commission is also not adopting the revisions made to 40 CFR § 270.66, "Permits for boilers and industrial furnaces burning hazardous waste." Colorado has not adopted a state analog to 40 CFR § 270.66 at this time. There are currently no BIFs seeking a permit or operating in Colorado. Operation of these devices is regulated in Colorado by the U .S. Environmental Protection Agency.
The main benefit of the expanded public participation rule is to provide earlier opportunities for public involvement and expand public access to information throughout the permitting process and the operational lives of facilities. The Department believes that these requirements will give applicants and the Department a better opportunity to address public concerns in making decisions about the facility and in subsequent permitting activities. Providing the public with an expanded role in the permit process, by promoting community participation and input throughout the permitting process, will also help foster continued community involvement after facilities become permitted.
It should be noted that the expanded public participation rule does not require hazardous waste facilities already involved in the permitting process to step backwards in the process to comply with the preapplication provisions of the new requirements. Instead, the expanded public participation rule applies to a facility according to what stage of the process the facility is in on the effective date of these regulations. A facility that applies for a permit after the effective date of these regulations must comply with the expanded public participation requirements. Existing facilities that apply for renewal of permits for hazardous waste management units after the effective date of these regulations must also comply with the expanded public participation requirements if the renewal application is proposing a significant change in facility operations.
Except for the more stringent provisions noted above, this Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 60 FR 63417-63434, December 11, 1995.
Table of Contents Revisions
The table of contents for Parts 260 and 261 are being revised and updated at this time to reflect new regulations that were recently adopted by the Hazardous Waste Commission. The table of contents for Part 260 is being amended by adding a listing for § 260.23 "Petitions to amend Part 273 to include additional hazardous wastes". The table of contents for Part 261 is being amended at this time by adding a listing for § 261.9 "Requirements for Universal Waste".
Amendment of the Universal Waste Handler definition in § 260.10
This amendment corrects an inadvertent omission by revising the definition of "Universal Waste Handler" in § 260.10 to match the definition of "Universal Waste Handler" that is found in § 273.6. Subparagraph (b)(1) of the definition of "Universal Waste Handler" in § 273.6 was revised as part of the amendments adding aerosol cans to the Part 273 Standards for Universal Waste Management. A conforming change is now being made to § 260.10.
Amendment of § 261.4(b)(10)
Paragraph (b)(10) of § 261.4 is being amended at this time by replacing the reference to "6 CCR 1007-5 Part 280" with the proper reference citation of " 40 CFR Part 280 " as the correct location of the technical standards and corrective action requirements for owners and operators of underground storage tanks.
Amendment of § 268.1
Section 268.1 is being amended at this time by revising subparagraphs (f)(1) through (f)(3), and adding subparagraph (f)(4). Subparagraph (f)(4) adds aerosol cans to the list of universal wastes for which handlers and transporters of such universal wastes are subject to regulation under the Part 273 Standards for Universal Waste Management.
Statement of Basis and Purpose - Emergency Rulemaking Hearing of June 5, 1996
6 CCR 1007-3-8.23