Section 6 CCR 1007-3-8.30 - [Effective until 5/15/2024] Basis and Purpose, 6 Colo. Code Regs. § 1007-3-8.30 (2024)

Section 6 CCR 1007-3-8.30 - [Effective until 5/15/2024] Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261, 262, 263, 264, 265, 267, 268 and 273 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Land Disposal Restrictions Phase III - Decharacterized Wastewaters. Carbamate Wastes, and Spent Potliners

On February 16, 1996, the Environmental Protection Agency's administrator signed the Phase III land disposal restrictions (LDR) rule. The most significant aspect of this rule was promulgation of treatment standards for characteristic wastes managed in systems regulated by the Clean Water Act (CWA) and in Class I injection wells regulated under the Safe Drinking Water Act (SDWA). These regulations also applied to zero-discharge systems that treat wastewater in a manner equivalent to that used by CWA dischargers (i.e., CWA-equivalent systems). However, on March 26, 1996, President Clinton signed into law the Land Disposal Flexibility Act of 1996 (PL 104-119), which changed the RCRA statute such that the above-mentioned treatment standards for characteristic wastes managed in CWA/CWA-equivalent/Class I SDWA systems became invalid.

As a result, on April 8, 1996, EPA promulgated the final Phase III rule (61 FR 15566-15660) and a notice withdrawing the CWA/CWA-equivalent/Class I SDWA system treatment standards (61 FR 15660-15668).

Subsequent to April 8, 1996, four technical amendments and corrections were published in the Federal Register. On February 19, 1997 (62 FR 7502-7600), EPA published an additional technical amendment to the LDR Phase III rule. This February 19, 1997 rule included updated and corrected versions of the tables "Treatment Standards for Hazardous Wastes" at § 268.40, and "Universal Treatment Standards" at § 268.48. These updated tables incorporate all the revisions to the treatment standards promulgated since the Phase III final rule, and should help eliminate confusion as to what levels of treatment must be achieved by the regulated community as they comply with the LDR requirements.

At this time, Colorado is revising its Part 268 Land Disposal Restrictions regulations to maintain equivalency with the federal LDR Phase III requirements. However, the Hazardous Waste Commission is not adopting the revisions made to § 268.1(c)(3) by the LDR Phase III rule. In the federal regulations, 40 CFR § 268.1(c)(3) provides for an exception to the land disposal restrictions if hazardous wastes are disposed of in injection wells. Colorado rules prohibit Class I injection wells. Because the state analogs do not provide for the injection well exception to land disposal restrictions, Colorado's requirements are more stringent than the applicable federal regulations.

The Commission is also not adopting the provision of 40 CFR § 268.40(g). This provision was issued by EPA as an "emergency revision" on August 26, 1996 (61 FR 43924-43931) that allows carbamate wastes to be treated using specified treatment methods prior to land disposal as an alternative to meeting the concentration based standards, but only for a period of one year (until August 26, 1997). Because this federal provision is about to expire, the Commission is reserving § 268.40(g) in the state analog to 40 CFR § 268.40(g).

On July 14, 1997, EPA issued a final rule that extended the national capacity variance for spent potliners from primary aluminum production (Hazardous Waste Number K088) for three months from the current treatment standard effective date of July 8, 1997 until October 8, 1997. To avoid the state program from inadvertently becoming more stringent than the federal program, § 268.39(c) of the state regulations is being revised to adopt the new effective date of October 8, 1997.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register on April 8, 1996 (61 FR 15566-15660); and amended on April 8, 1996 (61 FR 15660-15668), April 30, 1996 (61 FR 19117), June 28, 1996 (61 FR 33680-33691), July 10, 1996 (61 FR 36419-26421); August 26, 1996 (61 FR 43924-43931), February 19, 1997 (62 FR 7502-7600); and July 14, 1997 (62 FR 37694-37699).

Land Disposal Restrictions Phase IV - Treatment Standards for Wood Preserving Wastes Paperwork Reduction and Streamlining Exemptions from RCRA for Certain Processed Materials and Miscellaneous Hazardous Waste Provisions

This rule is one part of the collection of land disposal restrictions (LDR) rules known as "Phase IV." They are the latest in a series of LDR rules that establish treatment standards for newly listed and identified wastes, and that resolve other hazardous waste matters.

The major provisions of this rule include:

1) Finalizing the land disposal restrictions treatment standards for hazardous wastes generated from wood preserving operations (Waste Codes F032, F034 and F035).
2) Establishing combustion (defined at § 268.42, Table 1, CMBST) as an alternative compliance treatment standard option for dioxin and furan (D/F) constituents in nonwastewater and wastewater forms of F032.
3) Revising the treatment standard for chlorinated aliphatics waste (F024).
4) Amending the notification requirements of § 268.7 to require only a one-time notification, rather than with each shipment of hazardous waste. The one-time notification would apply to shipments of all restricted hazardous wastes, including lab packs.
5) Establishing an alternative treatment standard of POLYM (polymerization) for High-TOC (Total Organic Carbon) Ignitable D001 wastes originally intended as chemical components in the commercial manufacture of plastics. In the polymerization treatment process (POLYM), the wastes are reacted to produce a chemically stable plastic in the same manner that commercial plastics are formed.
6) Revising § 268.1(e) to clarify that the de minimis provision applies to characteristic wastes as well as commercial chemical products and intermediates.
7) Amending the definition of solid waste to exclude from RCRA jurisdiction two types of materials: processed scrap metal and containerized shredded circuit boards.
8) Cleaning up the LDR requirements of Part 268 to remove extraneous cross references, eliminate unneeded language, remove unneeded appendices, and other similar actions to eliminate confusion for the regulated community.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 62 FR 25998-26040, May 12, 1997.

Identification and Listing of Hazardous Wastes Amendments to Definition of Solid Waste Recovered Oil Exclusion Correction

This amendment to § 261.4(a)(13) corrects the text of a regulatory exclusion from the regulatory definition of solid waste for recovered oil which is inserted into the petroleum refining process. The current text of the exclusion contains a factual error as to the location in the refining process at which recovered oil can be inserted. The result of this error is to inappropriately restrict legitimate recycling of recovered oil. This amendment will restore the original intent of the rule, which was to condition the exclusion of recovered oil on that oil being reinserted into the petroleum process at a point where that process removes or will remove at least some contaminants.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 61 FR 13103-13106, March 26, 1996.

Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision

This rule identifies the wastes, under RCRA, that are subject to a graduated system (green, amber, red) of procedural and substantive controls when they move across national borders within the Organization for Economic Cooperation and Development (OECD) for recovery. This rule seeks to make the transactions fully transparent and to prevent or minimize the possibility of such wastes being abandoned or otherwise illegally handled. These requirements will only apply to U.S. exporters and importers of RCRA hazardous wastes destined for recovery in OECD countries (except for Canada and Mexico; waste shipments to and from these countries will continue to move under the current bilateral agreements and regulations). Those U.S. exporters and importers transacting hazardous waste movements outside the scope of this rule will remain subject to EPA's current waste export and import regulations at 40 CFR Part 262 , Subparts E and F. This rule does not increase the scope of wastes subject to U.S. export and import controls; it does, however, modify the procedural controls governing their export and import when shipped for recovery among OECD countries. This rule will assist in harmonizing the new OECD requirements, reducing confusion to U.S. importers and exporters and increasing the efficiency of the process.

Colorado is not required under federal law to adopt this rule. Like the export requirements at 40 CFR Part 262 , Subpart E, the 40 CFR Part 262 , Subpart H requirements will be administered by EPA and not the States because the exercise of foreign relations and international commerce powers is reserved to the Federal government under the Constitution. However, states are encouraged by EPA to incorporate these requirements into their regulations for the convenience of the regulated community and for completeness, particularly where a State has already incorporated the 40 CFR Part 262, Subparts E and F provisions into its regulations. The enforcement of the 40 CFR Part 262, Subpart H provisions remains EPA's responsibility even when States incorporate these requirements into their regulations. However, EPA recognizes that States play a key role in providing EPA with information on whether U.S. facilities designated to receive hazardous waste imports are authorized to manage specific wastes and in ensuring facility compliance with all applicable environmental laws and regulations.

The requirements in this rule apply to only those wastes identified or listed under the Federal program that are subject to Federal manifesting requirements. Thus, State-only wastes would not be subject to the import/export regulations addressed by this rule.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 61 FR 16290-16316, April 12, 1996.

Statement of Basis and Purpose - Rule-making Hearing of August 19, 1997

6 CCR 1007-3-8.30

37 CR 24, December 25, 2014, effective 3/2/2015
38 CR 11, June 10, 2015, effective 6/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 06, March 25, 2017, effective 4/14/2017
40 CR 11, June 10, 2017, effective 6/30/2017
40 CR 21, November 10, 2017, effective 11/30/2017
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 24, December 25, 2018, effective 1/14/2019
42 CR 06, March 25, 2019, effective 4/14/2019
42 CR 06, March 25, 2019, effective 5/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
43 CR 12, June 25, 2020, effective 7/15/2020
44 CR 06, March 25, 2021, effective 4/14/2021
44 CR 11, June 10, 2021, effective 6/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/10/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 23, December 10, 2022, effective 1/30/2023
Section 6 CCR 1007-3-8.30 - [Effective until 5/15/2024] Basis and Purpose, 6 Colo. Code Regs. § 1007-3-8.30 (2024)

FAQs

What is the Subtitle C of the solid waste Disposal Act? ›

Subtitle C regulations set criteria for hazardous waste generators, transporters, and treatment, storage and disposal facilities. This includes permitting requirements, enforcement and corrective action or cleanup.

What is the purpose of the hazardous waste code? ›

Hazardous waste codes provide hazardous waste generators, transporters, and waste treatment facilities common definitions and terminology that crosses state boundaries. It means anyone in the industry who comes across this waste knows exactly what it is by its codes.

What does it mean if a waste is toxic? ›

The EPA describes toxic waste as any chemical waste material “… that is harmful or fatal to living organisms when absorbed or ingested.” In other words, this type of waste is capable of causing death or injury to life; these materials can cause harm by being inhaled, swallowed, or absorbed through the skin.

What is considered regulated waste and requires special disposal? ›

The bloodborne pathogens standard defines regulated waste as liquid or semi-liquid blood or other potentially infectious material (OPIM); contaminated items that would release blood or OPIM in a liquid or semi-liquid state if compressed; items that are caked with dried blood or OPIM and are capable of releasing these ...

What is the waste classification code? ›

the waste classification code, also referred to as LoW (List of Waste) or EWC (European Waste Catalogue) code - classification codes for common types of waste are in the relevant parts of this guidance. whether it's hazardous or POPs waste. the type of premises or business where the waste was produced.

What are examples of harmful things? ›

Products that we use daily, such as household cleaners, prescription and over-the-counter drugs, gasoline, alcohol, pesticides, fuel oil and cosmetics, can also be toxic. Any chemical can be toxic or harmful under certain conditions.

What are considered types of hazardous waste? ›

The four identifiable classifications are listed wastes, characteristic wastes, universal wastes and mixed wastes.

What are three examples of products that contain hazardous materials? ›

You can find a list of common hazardous materials below;
  • Aerosol spray receptacles (e.g., household cleaners, disinfectants, hairspray, spray paint)
  • Airbags and airbag inflators.
  • Alcohols (e.g., rubbing alcohol, high-proof spirits)
  • Ammunition and gun powders.
  • Bleaches.
Sep 8, 2022

What are two examples of contaminated waste? ›

Examples of household hazardous waste include:
  • Solvent-based paints.
  • Pesticides and other garden chemicals.
  • Batteries (for example car, mobile phone or regular household batteries)
  • Motor oils (for example from cars or mowers)
  • Petrol and kerosene.
  • Cleaning and polishing chemicals.
  • Swimming pool or spa bath chemicals.

What are the three R's? ›

Reducing, reusing and recycling plastic is key in countering the devastation wreaked by climate change. Plastics are a major source of pollution on Earth.

What is an example of a U listed waste? ›

U-listed wastes are hazardous, although not acutely so; this group includes such common compounds as acetone. P and U wastes are actually products that may have exceeded their shelf life that can no longer be used for their intended purpose.

What is the name of the waste that is toxic to humans? ›

Toxic waste products are divided into three general categories: chemical wastes, radioactive wastes, and medical wastes.

What eats toxic waste? ›

Study: Bacteria Eats Toxic Waste.

What is the most common toxic waste? ›

Some common examples of hazardous waste include discarded solvents used for industrial cleaning, automotive paint waste, toxic metal-bearing dust from steel production, and tank sludges from chemical manufacturing.

What is the RCRA subtitle C regulation? ›

Subtitle C (RCRA §§3001-3023) establishes the national hazardous waste management program. This includes the identification and listing of hazardous wastes; standards applicable to generators and transporters and to owners and operators of TSDFs; and provisions for permitting, inspections, and enforcement.

What is a RCRA subtitle C landfill? ›

Subtitle C of the Resource Conservation and Recovery Act (RCRA) is a comprehensive plan developed to manage hazardous waste from its point of origin through disposal.

What is RCRA subtitle C site identification form? ›

The instructions for the Subtitle C Site ID Form (EPA Form 8700-12) are designed to help a business determine if they are subject to requirements under the Resource Conservation and Recovery Act (RCRA) for notifying EPA of their regulated waste activities.

What does Subtitle 1 of the RCRA regulate? ›

RCRA Subtitle I establishes the framework to regulate USTs and UST systems having at least 10 percent of their combined volume underground and that contain hazardous substances or petroleum.

References

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