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 § 261.23 Characteristic of reactivity.

1) Paragraph (a)(8) of Section § 261.23 is revised to read as follows:  

§ 261.23 Characteristic of reactivity. 

(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

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(8) It is a forbidden explosive as defined in 49 CFR § 173.54, or is a Class 1, Division 1.1, 1.2, or 1.3 explosive as defined in 49 CFR § 173.50 and § 173.53.

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2) Section 8.84 {Statement of Basis and Purpose for the Rulemaking Hearing of May 19, 2015} is added to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 19, 2015

8.84	Basis and Purpose.

This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 261.23 Characteristic of reactivity.

This amendment revises paragraph (a)(8) of § 261.23 (Characteristic of reactivity) of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to add a cross-reference to the U.S. Department of Transportation (DOT) regulations at 49 CFR  § 173.53 (Provisions for using old classifications of explosives).  The Section 173.53 regulations includes the following table that may be used to compare old and new hazard class names where the classification system in effect prior to January 1, 1991 is referenced in State or local laws, ordinance or regulations not pertaining to the transportation of hazardous materials:

Current Classification	Class name prior to Jan. 1, 1991	
Division 1.1………………………………	Class A explosives.	
Division 1.2………………………………	Class A or Class B explosives.	
Division 1.3………………………………	Class B explosives.	
Division 1.4……………………………….	Class C explosives.	
Division 1.5……………………………….	Blasting agents.	
Division 1.6………………………………	No applicable hazardous class.	

This Basis and Purpose incorporates by reference the applicable portions of the preamble language for Section 261.23 of the EPA regulations as published in the Federal Register at 75 FR 12993, March 18, 2010.