DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendment of § 265.174: Scope and Documentation of Weekly Inspections, and Corrective Action Requirements for Deficiencies Identified During the Inspection.

1) Section 265.174 is amended to read as follows: 

§ 265.174 Inspections. 

(a)  At least weekly, the owner or operator must inspect areas where containers are stored, except for Colorado Environmental Leadership and EPA Performance Track member facilities, that must conduct inspections at least once each month, upon approval by the Department.  To apply for reduced inspection frequency, the Colorado Environmental Leadership and EPA Performance Track member facility must follow the procedures described in § 265.15(b)(5) of this part.  The owner or operator must look for: leaking containers, and for deterioration of containers caused by corrosion or other factors., compliance with Sections 265.170 through 265.173 of this Part, and the applicable labeling requirements of § 262.34 of these regulations.  Documentation of these weekly inspections (or monthly inspections for Colorado Environmental Leadership and EPA Performance Track member facilities) shall be maintained on-site as part of the operating record for the facility, and shall be available for review during an inspection.

(b) Problems identified during the inspection shall be remedied in accordance with § 265.15(c) of these regulations. 

[Comment: See § 265.171 for remedial action required if deterioration or leaks are detected.]

2) Add Section 8.66 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2008

8.66 	Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 265 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 265.174: Scope and Documentation of Weekly Inspections, and Corrective Action Requirements for Deficiencies Identified During the Inspection.

Section 265.174 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by:

a.	Revising the regulatory requirement for conducting weekly inspections of areas where containers are accumulated to require a thorough inspection of the containers to ensure that all of the Part 265, Subpart I requirements regarding the use and management of containers and the applicable container labeling requirements of § 262.34 are being met;
b.   Requiring that documentation of these weekly inspections be maintained on-site as part of the operating record for the facility and available for review during inspection; and
c.   Adding paragraph (b) to § 265.174, requiring that problems identified during the weekly inspections are remedied in accordance with § 265.15(c) of the regulations. 

Pursuant to the existing container inspection requirements of 6 CCR 1007-3, Section 265.174, a hazardous waste generator is not required to evaluate anything other than looking for leaking or deteriorated containers during the weekly inspection; does not have to maintain documentation of the weekly inspection; and is not required to correct the problems encountered during the weekly inspections. 

The purpose of these amendments is to ensure that thorough inspections are being conducted; that issues related to compatibility, container closure, and management of ignitable and reactive wastes are checked at least weekly; and that problems identified during the weekly inspections are corrected in a timely manner.

Although requiring generators to document weekly inspections will result in an increase paperwork requirement for the generator, many generators already maintain a weekly log sheet of these inspections.  The Division currently recommends, as a best management practice, that generators maintain a written log of the weekly inspections so that compliance with the inspection requirement can be easily demonstrated by the facility. Colorado Environmental Leadership and EPA Performance Track member facilities may also qualify for a reduced inspection frequency of at least once each month, upon written approval by the Department. 

The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule.  The Commission finds that this rule is necessary to protect public health and the environment.