| Notice Filed with SOS |
01/15/2021 |
| Rule |
ProposedRuleAttach2021-00033.pdf |
| Additional Information |
AddInfoAttach2021-00033.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 |
HB20-1119 amended C.R.S. 25-15-302 to require the Solid and Hazardous Waste Commission (SHWC) to establish a Certificate of Registration for any facility or fire department, or lessee subject to federal rules and regulations, that use or store Class B firefighting foam and to establish standards for capture and disposal of Class B firefighting foam containing PFAS. HB20-1119 also requires the SHWC to set penalties for not obtaining a Certificate of Registration or following the standards for capture and disposal.
Part 267 of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3) is being amended at this time to add Subpart Q (Class B Firefighting Foam Containing PFAS). The new Subpart Q requires all persons that store or use Class B firefighting foam containing perfluoroalkyl and/or polyfluoroalkyl substances or PFAS, to register and obtain a certificate from the Hazardous Materials and Waste Management Division. The regulations also require any person that uses the Class B firefighting foam containing PFAS in testing firefighting foam fire systems, to capture the spent foam in containment systems and to store the spent foam in containers meeting the requirements, prior to off-site shipment for disposal. The regulations do not apply to the capture of Class B firefighting foam containing PFAS for persons using the foam in actual emergencies and/or fires nor do they establish requirements for persons using or storing Class B firefighting foams that do not contain PFAS. |
| Purpose/Objective of Rule |
Modification of Part 267 of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3) is being amended at this time to add Subpart Q (Class B Firefighting Foam Containing PFAS). The new Subpart Q requires all persons that store or use Class B firefighting foam containing intentionally added perfluoroalkyl and/or polyfluoroalkyl substances or PFAS, to register and obtain a certificate from the Hazardous Materials and Waste Management Division. The regulations also require any person that uses the Class B firefighting foam containing intentionally added PFAS in testing firefighting foam fire systems, to capture the spent foam in containment systems and to store the spent foam in containers meeting the requirements, prior to off-site shipment for disposal. The regulations do not apply to the capture of Class B firefighting foam containing PFAS for persons using the foam in actual emergencies and/or fires nor do they establish requirements for persons using or storing Class B firefighting foams that do not contain PFAS. |
| Comments |
Due to social distancing requirements due to COVID-19,
the meeting was held online only at:
https://us02web.zoom.us/meeting/register/tZUqfuCvqzMqHdzo0mvlUs7yTfXYDbdhPaGg
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
|
| Hearing Date |
02/16/2021 |
| Hearing Time |
09:00 AM |
| Hearing Location |
Due to social distancing requirements due to COVID-19, the meeting will be held online only at: https://us02web.zoom.us/meeting/register/tZUqfuCvqzMqH |
| 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 |