DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Miscellaneous Corrections of Typographic Errors and Inadvertent Errors

(Adopted by the Solid and Hazardous Waste Commission on May 16, 2023)

1) Revise paragraph (a)(4) of Section 260.4 to read as follows:  

§ 260.4   Manifest copy submission requirements for certain interstate waste shipments.

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

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(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR part 264.  Subpart FF of 40 CFR part 264 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

2) Revise the definition of “Manifest” in Section 260.10 to read as follows:  

§ 260.10 Definitions
"Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic manifest, originated and signed in accordance with the applicable requirements of Parts 262 through 265 of these regulations.   
3) Revise paragraphs (e)(1) and (j)(2) of Section 261.4 to read as follows:  

§ 261.4 Exclusions.

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(e) Treatability Study Samples.

(1) Except as provided in paragraphs (e)(2) and (e)(4) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in § 260.10, are not subject to any requirement of Parts 261 through 263 of these regulations or to the notification requirements of Section 99 of the Colorado Hazardous Waste Regulations, nor are such samples included in the quantity determinations of § 262.13 when:

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(j) Airbag waste. (1) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under Parts 262 through 268, or Part 100 of these regulations, and is not subject to the notification requirements of Part 99 of these regulations provided that:

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(2) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and must comply with the requirements of Part 262 of these regulations.

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4) Revise paragraph (a)(2)(ii) of Section 261.6 to read as follows:  

§ 261.6 Requirements for recyclable materials.

(a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section.  Hazardous wastes that are recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under Part 264, Subpart O; Part 265, Subpart H; Part 265, Subpart O; or Subparts C through M of Part 267 of these regulations and all applicable provisions in Parts 268 and 100 of these regulations:

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(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of Part 264 or 265 of these regulations; 

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5) Revise paragraphs (e)(1) and (e)(2) of Section 262.82 to read as follows:  

§ 262.82  General conditions. 

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(e) EPA Address for submittals by postal mail or hand delivery. Submittals required in this subpart to be made by postal mail or hand delivery should be sent to the following addresses:

(1) For postal mail delivery, the Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460.

(2) For hand-delivery, the Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW, Washington, DC 20004.

6) Revise paragraph (a)(1) of Section 263.20 to read as follows:  

§ 263.20 The manifest system. 

(a)(1) Manifest requirements. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accordance with the requirement of § 262.23, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with § 262.20(a)(3) of these regulations, and signed with a valid and enforceable electronic signature as described in § 262.25 of these regulations.

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7) Revise paragraphs (j) and (j)(1) of Section 264.71 to read as follows:  

§ 264.71 Use of manifest system.

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(j) Imposition of user fee for manifest submissions.

(1) As prescribed in 40 CFR § 264.1311, and determined in 40 CFR § 264.1312, an owner or operator who is a user of the national electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR § 264.1313. Subpart FF of 40 CFR part 264 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

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8) Revise paragraph (j)(1) of Section 265.71 to read as follows:  

§ 265.71 Use of manifest system.

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(j) Imposition of user fee for electronic manifest use.

 (1) As prescribed in 40 CFR § 265.1311, and determined in 40 CFR § 265.1312, an owner or operator who is a user of the national electronic manifest system shall be assessed a user fee by EPA for the submission and processing of each electronic and paper manifest. EPA shall update the schedule of user fees and publish them to the user community, as provided in 40 CFR § 265.1313. Subpart FF of 40 CFR part 265 is incorporated by reference to include those versions in effect as of the date this regulation was adopted, and does not include later amendments to the incorporated material. Materials incorporated by reference are available for public inspection during normal business hours from the Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246. Copies may also be found at the Environmental Protection Agency through the Government Printing Office at https://www.govinfo.gov/app/collection/cfr/

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9) Revise paragraph (c)(1)(iv)(A) of Section 265.1034 to replace “Qsd” with “Q2sd” in the legend below the equation to read as follows:  

§ 265.1034 Test methods and procedures.

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(c) Performance tests to determine compliance with § 265.1032(a) and with the total organic compound concentration limit of § 265.1033(c) shall comply with the following:

(1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:

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		(iv) Total organic mass flow rates shall be determined by the following equation:

		(A) For sources utilizing Method 18.

where:

Eh = Total organic mass flow rate, kg/;

Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/;

n = Number of organic compounds in the vent gas;

Ci = Organic concentration in ppm, dry basis, of compound  in the vent gas, as determined by Method 18;

MWi = Molecular weight of organic compound  in the vent gas, kg/kg-mol;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10-6 = Conversion from ppm.

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10) Revise paragraphs (a)(3)(iii) and (b)(3)(iii) of Section 265.1084 to replace “(fm25D)” with “(fm25D)” and “Constituent specific” to “Constituent-specific” to read as follows:  

§ 265.1084  Waste determination procedures.

(a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.

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(3) Direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination.

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(iii) Analysis.  Each collected sample shall be prepared and analyzed in accordance with Method 25D in 40 CFR Part 60, Appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole fraction in the gas phase/mole fraction in the liquid phase  (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram mole/m3] at 25 degrees Celsius.  At the owner's or operator's discretion, the owner or operator may adjust test data obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D).  If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry’s law constant value greater than or equal to 0.1Y/X at 25 degrees Celsius contained in the waste.  Constituent-specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.

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(b) Waste determination procedures for treated hazardous waste.

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(3) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment.

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(iii) Analysis. Each collected sample shall be prepared and analyzed in accordance with Method 25D in 40 CFR Part 60, Appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed waste concentration accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius.  When the owner or operator is making a waste determination for a treated hazardous waste that is to be compared to an average VO concentration at the point of waste origination or the point of waste entry to the treatment system to determine if the conditions of § 264.1082(c)(2)(i) through (c)(2)(vi)  or § 265.1083(c)(2)(i) through (c)(2)(vi)  are met, then the waste samples shall be prepared and analyzed using the same method or methods as were used in making the initial waste determinations at the point of waste origination or at the point of entry to the treatment system.  At the owner's or operator's discretion, the owner or operator may adjust test data obtained by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (fm25D).  If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry’s law constant value greater than or equal to 0.1Y/X at 25 degrees Celsius contained in the waste.  Constituent-specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect all organic compounds in the waste with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.

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11) Revise paragraphs (c)(4)(i) and (d)(4)(i) of Section 265.1087 to read as follows:  

§ 265.1087  Standards:  Containers.

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(c) Container Level 1 standards.

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	(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container  and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position.  The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e.; the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to Part 262 of these regulations (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at § 265.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.

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(d) Container Level 2 standards.

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(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:

(i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position.  The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e.; the date the container becomes subject to the Subpart CC container standards).  For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to Part 262 of these regulations (EPA Forms 8700-22 and 8700-22A), as required under subpart E of this part, at § 265.71 of these regulations If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.

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12) Revise the listings for P194 and P196 in the Nonwastewater column of the Table of Treatment Standards at Section 268.40 to add “; or CMBST” to read as follows:  

Waste Code	
Waste Description and Treatment/Regulatory Subcategory1	
REGULATED HAZARDOUS CONSTITUENT	
WASTEWATERS	
NONWASTEWATERS	
		
Common Name	
CAS2 Number	
Concentration3 in mg/l; or Technology Code4	
Concentration5 in mg/kg unless noted as "mg/l TCLP"; or Technology Code4	

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P194	
Oxamyl10	
Oxamyl	
23135-22-0	
0.056; or CMBST, CHOXD, BIODG or CARBN	
0.28; or CMBST	

P196	
Manganese dimethyldithiocarbamate10	
Dithiocarbamates (total)	
NA	
0.028; or CMBST, CHOXD, BIODG or CARBN	
28; or CMBST	

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13) Please disregard the proposed amendment of Appendix VII of Part 268 regarding deletion of the U202 listing.  The U202 listing was already deleted as part of a May 29, 2013 rulemaking (Removal of Saccharin and its Salts from the Lists of Hazardous Constituents)  

14) Add Section 8.102 (Statement of Basis for the Rulemaking Hearing of May 16, 2023) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 16, 2023

8.102	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, and 268 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Correction of Typographical Errors and Inadvertent Omissions

These amendments correct typographical errors and inadvertent omissions that exist in §§ 260.4, 260.10, 261.4, 261.6, 262.82, 263.20, 264.71, 265.71, 265.1034, 265.1084, 265.1087, and 268.40 Table of Treatment Standards.

These amendments provide state equivalency with the applicable federal requirements, and include amendments being made in response to comments received from the Environmental Protection Agency regarding its review of Colorado’s hazardous waste regulations.