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

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:

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