| Notice Filed with SOS |
01/12/2024 |
| Rule |
ProposedRuleAttach2024-00026.pdf |
| Additional Information |
AddInfoAttach2024-00026.pdf |
| Statutory Authority |
These modifications are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 25-15-302(2), C.R.S. |
| Description of Subjects/Issues |
Part 267 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time to remove requirements which correspond to repealed statutory requirements found in C.R.S. 24-33.5-1234 and to add the current requirements of C.R.S. 24-33.5-1234, 25-5-1303.5, and 25-5-1309 to Subpart Q. The revised Subpart requires all persons who store or use one or more gallons of PFAS AFFF to comply with the requirements of the registration and certificate program, the restrictions surrounding certain uses of PFAS AFFF, the additional reporting requirements which pertain to self-certification and water quality spills hotline reporting, capture requirements for the containment of finished PFAS AFFF during use, and the safe storage requirements for the storage of spent PFAS AFFF and all associated wastes. These amendments incorporate the exemption criteria created by HB22-1345 and found in 25-5-1303.5 for the use of PFAS AFFF as required or authorized by federal law or implemented as required for a military purpose. These amendments do not prohibit the use of PFAS AFFF for real-world Class B fire responses, nor do they establish requirements for persons using or storing Class B firefighting foams which do not contain PFAS. |
| Purpose/Objective of Rule |
Part 267 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time to remove requirements which correspond to repealed statutory requirements found in C.R.S. 24-33.5-1234 and to add the current requirements of C.R.S. 24-33.5-1234, 25-5-1303.5, and 25-5-1309 to Subpart Q. The revised Subpart requires all persons who store or use one or more gallons of PFAS AFFF to comply with the requirements of the registration and certificate program, the restrictions surrounding certain uses of PFAS AFFF, the additional reporting requirements which pertain to self-certification and water quality spills hotline reporting, capture requirements for the containment of finished PFAS AFFF during use, and the safe storage requirements for the storage of spent PFAS AFFF and all associated wastes.
These amendments incorporate the exemption criteria created by HB22-1345 and found in 25-5-1303.5 for the use of PFAS AFFF as required or authorized by federal law or implemented as required for a military purpose. These amendments do not prohibit the use of PFAS AFFF for real-world Class B fire responses, nor do they establish requirements for persons using or storing Class B firefighting foams which do not contain PFAS. |
| Comments |
The proposed rulemaking materials may also be accessed at
https://cdphe.colorado.gov/shwc-rulemaking-hearings. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB20-1119, HB22-1345
|
| Hearing Date |
02/20/2024 |
| Hearing Time |
09:00 AM |
| Hearing Location |
This meeting will be held online only at: https://us02web.zoom.us/meeting/register/tZ0ldeyvqDktG9A80u-6CDaKszafa2dunsSD |
| Contact Name |
Brandy Valdez Murphy |
| Contact Title |
Administrator, Solid and Hazardous Waste Commission |
| Contact Telephone |
303-692-3467 |
| Contact email |
brandy.valdezmurphy@state.co.us |