DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Proposed Amendment of § 264.550(b) Applicability of Corrective Action Management Unit (CAMU) Regulations

1) Paragraph (b) of § 264.550 is revised to read as follows:  
§ 264.550  Applicability of Corrective Action Management Unit (CAMU) Regulations.
(a) Except as provided in paragraph (b) of this section, CAMUs are subject to the requirements of § 264.552.
(b) CAMUs that were approved prior to the April 22, 2002 effective date of these federal regulations, or for which substantially complete applications (or equivalents) were submitted to the Environmental Protection Agency (EPA) Department on or before November 20, 2000 the effective date of these regulations, are subject to the requirements in § 264.551 for grandfathered CAMUs;. CAMU waste, activities, and design will not be subject to the standards in § 264.552, so long as the waste, activities, and design remain within the general scope of the CAMU as approved. 

2) Section 8.81 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2013} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2013
8.81	Basis and Purpose.
These amendments to 6 CCR 1007-3, Part 264 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 264.550(b) Applicability of Corrective Action Management Unit (CAMU) Regulations. 
These amendments modify paragraph (b) of Section 264.550 to specify that corrective action management units (CAMUs) that were approved prior to the April 22, 2002 effective date of the federal regulations, or for which substantially complete applications (or equivalents) were submitted to the Environmental Protection Agency (EPA) on or before November 20, 2000, are subject to the requirements in Section 264.551 for grandfathered CAMUs. New CAMUs and applications that did not qualify for the “grandfathered” status, are subject to the CAMU requirements of § 264.552. 
The Subpart S provisions of Part 264 apply to the management of remediation wastes in corrective action management units (CAMUs) or temporary units during corrective action activities conducted at a RCRA hazardous waste management facility.  The proposed amendment to paragraph (b) of § 264.550 clarifies the specific effective dates that a CAMU needed to meet in order to qualify for “grandfathered” status in accordance with § 264.551. New CAMUs and applications that did not qualify for the “grandfathered” status, are subject to the CAMU requirements of § 264.552.    
These amendments to § 264.550 are being proposed in response to comments received by the Division from the EPA regarding authorization of amendments to Colorado’s authorized hazardous waste program.  Colorado currently has authorization from EPA for corrective action, but is not authorized for the CAMU regulations.  Because Colorado’s corrective action and land disposal restrictions are more stringent than the federal CAMU regulations, Colorado is not required to seek authorization for the CAMU amendments. However, because CAMUs are an integral part of corrective action, Colorado has already adopted state analogs to the federal provisions.  The Division is hereby proposing these amendments to § 264.550 to address EPA’s comments in order to receive authorization for the CAMU provisions.