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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2017-00027


CCR details

Tracking Number 2017-00027
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1007 Hazardous Materials and Waste Management Division
CCR Number 6 CCR 1007-3
CCR Title HAZARDOUS WASTE

Proposed rule

Notice Filed with SOS 01/13/2017
Rule ProposedRuleAttach2017-00027.rtf
Statutory Authority These amendments to 6 CCR 1007-3, Part 268.7 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Applicable Federal Provisions The Basis and Purpose for this rulemaking incorporates by reference the applicable preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 71 FR 16862-16915, April 4, 2006 for which state analogs are being adopted at this time.
Description of Subjects/Issues These amendments to Section 268.7 clarify the generator waste analysis and notification requirements under RCRA’s land disposal restrictions (LDR). Section 268.7(a)(1) is being amended to add a cross reference to § 262.11, in order to reduce duplicative testing requirements and clarify that that the two generator waste analysis functions can be performed concurrently, thus avoiding redundant waste analysis. To provide additional flexibility to generators of hazardous waste, § 268.7(a)(1) is also being modified to clarify that if a generator does not want to determine, based on waste analysis or knowledge of the waste, whether the waste must be treated, he may assume that he is subject to the full array of LDR requirements. The generator then must send the waste to a RCRA-permitted hazardous waste treatment facility where the treatment facility must make the determination when the waste has met the LDR treatment standards (possibly even upon receipt as generated). A conforming change is also being made to the notification requirement in § 268.7(a)(2) for such cases. Section 268.7(b)(6) is being amended to eliminate the requirement to submit notifications and certifications to the Division, and instead require that the information be placed in the treating/recycling facility’s on-site files.
Purpose/Objective of Rule These amendments to Section 268.7 clarify the generator waste analysis and notification requirements under RCRA’s land disposal restrictions (LDR). Section 268.7(a)(1) was also amended to add a cross reference to § 262.11, in order to reduce duplicative testing requirements and clarify that that the two generator waste analysis functions can be performed concurrently, thus avoiding redundant waste analysis. To provide additional flexibility to generators of hazardous waste, § 268.7(a)(1) was modified to clarify that if a generator does not want to determine, based on waste analysis or knowledge of the waste, whether the waste must be treated, the generator may assume that the generator is subject to the full array of LDR requirements. The generator then must send the waste to a RCRA-permitted hazardous waste treatment facility where the treatment facility must make the determination when the waste has met the LDR treatment standards (possibly even upon receipt as generated). A conforming change was also made to the notification requirement in § 268.7(a)(2) for such cases. Section 268.7(b)(6) was amended to eliminate the requirement to submit notifications and certifications to the Division, and instead require that the information be placed in the treating/recycling facility’s on-site files. In accordance with the requirements of § 268.7(b)(6), facilities (i.e., recyclers) must prepare and maintain notifications and certifications with the initial shipment of waste, and prepare new documentation only if the waste, the treatment process, or the receiving facility changes. Maintaining these records on-site, and available for inspection, provides sufficient documentation of waste treatment, and reduces the burden on the facility.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 02/21/2017
Hearing Time 09:30 AM
Hearing Location Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Bldg. A, Sabin Conf. Rm, Denver, CO 80246
Contact Name Brandy Valdez Murphy
Contact Title Program Assistant, Environmental Programs and Solid and Hazardous Waste Commission
Contact Telephone 303-692-3467
Contact email brandy.valdezmurphy@state.co.us

Adopted rule

Adopted Rules AdoptedRules02017-00027.rtf
Redline Redline2017-00027.pdf
Adopted Date 02/21/2017
AGO requested date 02/22/2017
Attorney General Opinion 03/01/2017
Colorado Register publication date 03/25/2017
Effective Date 04/14/2017
Inserted into CCR 04/14/2017