Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 261 - HAZARDOUS WASTE - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart D - Lists of Hazardous Wastes
Appendix 6 CCR 1007-3-IX - Wastes Excluded Under Sections 60.20 and 260.22

Current through Register Vol. 47, No. 17, September 10, 2024

DELISTING #: 001

FACILITY: South Adams County Water and Sanitation District ("SACWSD")

ADDRESS: 7400 Quebec Street, Commerce City

WASTE: Spent granular activated carbon ("GAC") contaminated with spent halogenated solvents,

EPA hazardous waste # F002, generated after January 15, 1992.

CONDITIONS: This delisting is valid only for the above specified wastestream under the following conditions:

a) The waste may not be land disposed. This restriction specifically includes, but is not limited to, the following forms of land disposal:

i) Storage in lieu of land disposal. The waste may not be stored for greater than one year unless the petitioner can prove that such storage is necessary to facilitate proper treatment of the waste as specified by the conditions of the delisting.

ii) Placement of the waste on or in the land as defined in 6 CCR 1007-3, § 268.2.

b) The waste must be regenerated at an incinerator in compliance with Sections 3004 and 3005 of the federal Solid Waste Disposal Act, 42 U.S.C. Sections 6924 and 6925; and Section 121(d)(3) of the federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9621(d)(3).

c) The unit which regenerates the waste must meet the limits on the parameters below for each batch of SACWSD's waste:

i) Regeneration facility must be able to demonstrate that at least 99.99% destruction removal efficiency is achieved for the following compounds:

chloroform

1,1 dichloroethane (1,1 DCA)

1,1 dichloroethene (1,1 DCE)

t-1, 2 dichloroethene (t-1,2 DCE)

1,1 dichloropropane tetrachloroethene (perchloroethylene or PCE)

1,1,1 trichloroethane (1,1,1 TCA)

trichloroethene(TCE)

ii) An afterburner combustion temperature that can be shown to achieve the required

99.99% destruction removal efficiency must be maintained. The afterburner combustion temperature shall not be less than 1,700 degrees F.

iii) The regeneration facility must remain in compliance with all applicable local, state, and federal environmental regulations.

d) SACWSD is required to obtain documentation which clearly shows that each batch of spent carbon was regenerated under the required conditions. Records must be kept on site at the Klein plant for a minimum of three years.

e) SACSWD must notify the Hazardous Materials and Waste Management Division, Hazardous Waste Control Section on a quarterly basis, of SACWSD's knowledge of significant changes in the type or concentration of hazardous constituents in the carbon or in the influent to SACWSD's GAC system. "Significant changes" are defined as increases in the total concentration of any of the following constituents (in the carbon or the influent) which exceed the values given in the October 1990 petition by 50% or greater:

chloroform

1,1 dichloroethane (1,1 DCA)

1,1 dichloroethene (1,1 DCE)

trans-1,2 dichloroethene (t-1,2 DCE)

1,1 dichloropropane tetrachloroethene (perchloroethylene or PCE)

1,1,1 trichloroethane (1,1,1 TCA)

trichloroethene (TCE)

"Significant changes" also refers to the appearance of any additional Part 264, Appendix IX hazardous constituents (in either the carbon or the influent) not represented in SACWSD's October 1990 delisting petition.

f) The Department reserves the right to re-evaluate and, if necessary, revoke this delisting or modify its conditions in the event of any "significant changes" (as defined above) in the carbon or in the influent to SACWSD's GAC system.

DELISTING #: 002

FACILITY: NTI, A Division of Colorado Springs Circuits, Inc. ("NTI")

ADDRESS: 6035 Galley Road, Colorado Springs, 80915

WASTE: Wastewater Treatment Sludge from Electroplating Operations EPA hazardous waste #

F006, generated after August 20, 1996.

The Solid and Hazardous Waste Commission is hereby removing the conditional delisting granted to NTI, a division of Colorado Springs Circuits, Inc. ("NTI"), for its facility located at 6035 Galley Road in Colorado Springs, Colorado (the "Facility").

NTI was granted a conditional delisting by the Commission on August 20, 1996 for wastewater treatment sludge (F006 hazardous waste) generated from electroplating operations at the Facility.

The delisting was granted under conditions that specified sampling, storage, recordkeeping and disposal requirements for the delisted sludge. The conditional delisting of the F006 waste also prohibited any major changes to the electroplating process or wastewater treatment process at the Facility without prior notification, evaluation, and approval by the Division.

In January of 2000, Dynamic Details, Inc. ("DDI"), formally known as NTI, announced its plans to consolidate its pre-production manufacturing operations located at the Facility into its Dallas, Texas operation, which would result in the complete closure of the Colorado Springs facility.

On June 20, 2000, the Division received formal notice indicating that DDI had officially ceased Operations at the Facility on December 31, 1999, and had completed all closure activities at the Facility as of May 18, 2000. Therefore, NTI's August 1996 conditional delisting is no longer applicable, and the Commission is removing the delisting.

Note: Conditional delisting #003 regarding the Denver Arapahoe Chemical Waste Processing Facility ("DACWPF") was revoked by the Solid and Hazardous Waste Commission at its August 16, 2022 Commission hearing. Please see the August 16, 2022 Statement of Basis and Purpose in Section 8.100 of these regulations for further information concerning this rulemaking.

DELISTING #: 004

FACILITY: AAA Plating, Inc.

ADDRESS: 7777 40th Avenue, Denver, CO 80205

WASTE: Wastewater Treatment Sludge from Electroplating and Chemical Conversion Coating

Operations. EPA Hazardous Waste Codes F006 and F019 generated after June 20, 2000.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on January 5, 2000 under the following conditions:

a. Changes to Current Operations

1. AAA Plating must notify the Division at least 30-days prior to implementing any major change to the electroplating or chemical conversion coating processes. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.

2. AAA Plating must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, electroplating, or chemical conversion coating processes that cause a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

Significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified above.

3. The Division reserves the right to re-evaluate and, if necessary, revoke this approval or modify these conditions in the event that a significant change, as defined above, is reported by AAA Plating. In such case, the Division may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b. Storage Requirements

1. The delisted waste generated by AAA Plating may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. AAA Plating shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2. AAA Plating shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. The delisted waste shall be disposed in a landfill meeting the requirements of the

Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metal reclamation facility.

DELISTING #: 005

FACILITY: Wright and McGill Company

ADDRESS: 4245 East 46th Avenue, Denver, Colorado 80216

WASTE: Wastewater Treatment Sludge from Chemical Etching Operations. EPA Hazardous

Waste Code F006 generated after November 20, 2001.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on June 25, 2001 under the following conditions:

a. Changes to Current Operation

1. The Wright and McGill Company must notify the Department at least 30-days prior to implementing any major change to the chemical etching (i.e., the lazer sharpening) process. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the lazer sludge is altered.

2. The Wright and McGill Company must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment or chemical etching process that causes a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 264, Appendix VIII hazardous constituents that are not identified above.

3. The Department reserves the right to re-evaluate and, if necessary, revoke this approval or modify the conditions in the event that a significant change, as defined above, is reported by the Wright and McGill Company. In such case, the Department may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b. Storage Requirements

1. The delisted waste generated by the Wright and McGill Company may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" with an accumulation start date, and the container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. The Wright and McGill Company shall maintain records documenting that the delisted waste is managed in accordance with the delisting petition.

2. The Wright and McGill Company shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. The delisted waste shall be disposed in a landfill meeting the requirements of the

Colorado Solid Waste Regulations (6 CCR 1007-2).

DELISTING#: 006

FACILITY: Photo Stencil, LLC

ADDRESS: 4725 Centennial BoulevardColorado Springs, Colorado 80919

WASTE: Wastewater Treatment Sludge from Electroplating and Chemical Etching Operations.

EPA Hazardous Waste Code F006 generated after June 17, 2003.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on April 16, 2003 under the following conditions:

a. Changes to Current Operation

1. Photo Stencil must notify the Department at least 30-days prior to implementing any major change to the electroplating and/or chemical etching processes. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.

2. Photo Stencil must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, electroplating, or chemical etching process that causes a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 261, Appendix VIII hazardous constituents that are not identified above.

3. The Department reserves the right to re-evaluate and, if necessary, revoke this approval or modify the conditions in the event that a significant change, as defined above, is reported by Photo Stencil. In such case, the Department may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b. Storage Requirements

1. The delisted waste generated by Photo Stencil may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" with an accumulation start date, and the container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. Photo Stencil shall maintain records documenting that the delisted waste is managed in accordance with the delisting petition.

2. Photo Stencil shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. The delisted waste shall be disposed in a landfill meeting the requirements of the

Colorado Solid Waste Regulations (6 CCR 1007-2).

DELISTING #: 007 Reserved

DELISTING #: 008

FACILITY: Advanced Surface Technologies, Inc.

ADDRESS: 6155 West 54th Avenue, Arvada, CO 80002

WASTE: Wastewater treatment sludge generated from the on-site wastewater pretreatment of electrolytic and electroless plating operations. EPA Hazardous Waste Codes F006 and F019 generated after the effective date of this delisting.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on April 8, 2008 under the following conditions:

a. Changes to Current Operations

1. Advanced Surface Technologies, Inc. must notify the Division at least 30-days prior to implementing any major change to the electrolytic and/or electroless plating processes at the Facility. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.

2. Advanced Surface Technologies, Inc. must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, or electrolytic and/or electroless plating processes that cause a significant change in the type or concentration of any hazardous constituent in the waste. Advanced Surface Technologies, Inc. shall also notify the Division whenever the sludge exhibits a characteristic of hazardous waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified above.

3. The Division reserves the right to re-evaluate and, if necessary, remove this approval or modify these conditions in the event that a significant change, as defined above, is reported by Advanced Surface Technologies, Inc. In such case, the Division may remove this delisting or impose temporary requirements on the delisted waste until such time as an appropriate amendment to this delisting can be considered by the Solid and Hazardous Waste Commission.

b. Sampling Requirements

Advanced Surface Technologies, Inc. shall conduct annual verification sampling of the delisted waste to monitor for any significant change in the type or concentration of any hazardous constituents in the waste. Annual verification sampling shall be submitted to the Division within sixty (60) days of the sampling event for review against initial delisting criteria and sampling methodology.

c. Storage Requirements

1. The delisted waste generated by Advanced Surface Technologies, Inc. may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

d. Recordkeeping Requirements

1. Advanced Surface Technologies, Inc. shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2. Advanced Surface Technologies, Inc. shall maintain all records required by paragraph d.1. above for a period of at least three years.

e. Disposal Requirements

The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metal reclamation facility.

DELISTING #: 009

FACILITY: Depuy Synthes

ADDRESS: 1051 Synthes Avenue, Monument, Colorado 80132

WASTE: Wastewater treatment sludge and micron filters from the on-site treatment of wastewater generated from electroplating operations (anodizing and chemical etching). EPA hazardous waste code F006 generated after the effective date of this delisting.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on August 4, 2014 and under the following conditions:

a. Changes to Current Operations

1. Depuy Synthes must notify the Hazardous Materials and Waste Management Division (the Division) at least 30-days prior to implementing any major change to the electroplating processes at the Facility. A major change is any change including alteration of the current wastewater treatment process or incorporating different chemicals or reagents into the process such that the composition of the wastewater treatment sludge is altered.

2. Depuy Synthes must notify the Division within 15-days after implementing any change to the wastewater treatment or electroplating processes that causes a significant change in the type or concentration of any hazardous constituent in the waste or causes the waste to exhibit a hazardous waste characteristic. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified in the above table.

3. The Division reserves the right to re-evaluate and, if necessary, remove this approval or modify these conditions in the event that a significant change, as defined above, is reported by Depuy Synthes. In such case, the Division may remove this delisting or impose temporary requirements on the delisted waste until such time as an appropriate amendment to this delisting can be considered by the Solid and Hazardous Waste Commission.

b. Sampling Requirements

Depuy Synthes shall conduct annual verification sampling of the delisted waste in January of each year to monitor for any significant change in the type or concentration of any hazardous constituents in the delisted waste. Annual verification sampling shall be submitted to the Division within sixty (60) days of the sampling event for review against initial criteria and sampling methodology.

c. Storage Requirements

1. The delisted waste generated by Depuy Synthes may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 20 cubic yards at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

d. Recordkeeping Requirements

1. Depuy Synthes shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2. Depuy Synthes shall maintain all records required by paragraph d.1 above for a period of at least three years.

e. Disposal Requirements

The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metals reclamation facility.

DELISTING #:10

FACILITY: Acme Manufacturing

ADDRESS: 4650 S. Leydon St., Unit A, Denver, Colorado 80216

WASTE: Wastewater treatment sludge from the on-site treatment of wastewater generated from zinc and chromate plating on cold rolled steel. EPA hazardous waste code F006 generated after the effective date of this delisting.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on October 18, 2018 and under the following conditions:

a. Changes to Current Operations

1. Acme Manufacturing must notify the Hazardous Materials and Waste Management Division (the Division) at least 30-days prior to implementing any major change to the electroplating processes at the Facility. A major change is any change including alteration of the current wastewater treatment process or incorporating different chemicals or reagents into the process such that the composition of the wastewater treatment sludge is altered.

2. Acme Manufacturing must notify the Division within 15-days after implementing any change to the wastewater treatment or electroplating processes that causes a significant change in the type or concentration of any hazardous constituent in the waste or causes the waste to exhibit a hazardous waste characteristic. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified in the above table.

3. The Division reserves the right to re-evaluate and, if necessary, remove this approval or modify these conditions in the event that a significant change, as defined above, is reported by Acme Manufacturing. In such case, the Division may remove this delisting or impose temporary requirements on the delisted waste until such time as an appropriate amendment to this delisting can be considered by the Solid and Hazardous Waste Commission.

b. Sampling Requirements

Acme Manufacturing shall conduct annual verification sampling of the delisted waste in January of each year to monitor for any significant change in the type or concentration of any hazardous constituents in the delisted waste. Annual verification sampling shall be submitted to the Division within sixty (60) days of the sampling event for review against initial criteria and sampling methodology.

c. Storage Requirements

1. The delisted waste generated by Acme Manufacturing may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 20 cubic yards at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

d. Recordkeeping Requirements

1. Acme Manufacturing shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2. Acme Manufacturing shall maintain all records required by paragraph d.1 above for a period of at least three years.

e. Disposal Requirements

The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metals reclamation facility.

DELISTING #: 11

FACILITY: Golden Aluminum, Inc.

ADDRESS: 1405 East 14th Street, Fort Lupton, CO 80621

WASTE: Wastewater Treatment Sludge from Aluminum Cleaning and Conversion Coating Operations. EPA Hazardous Waste Code F019 generated after the effective date of this delisting.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on May 12, 2022 and November 2022 under the following conditions:

a. Changes to Current Operations

1. Golden Aluminum, Inc. must notify the Division at least 30-days prior to implementing any major change to the chemical conversion coating process. A major change is any change including alteration of the current wastewater treatment process or incorporating different chemicals or reagents such that the composition of the wastewater treatment sludge is altered.

2. Golden Aluminum, Inc. must notify the Division within 15-days after implementing any change to the wastewater treatment or chemical conversion coating processes that causes a significant change in the type or concentration of any hazardous constituent in the waste or causes the waste to exhibit a hazardous waste characteristic. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

A significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified in the above table.

3. In the event that a significant change, as defined above, is reported by Golden Aluminum,

Inc., the Division may suspend this delisting or impose temporary requirements on the delisted waste until such time as an appropriate amendment to this delisting can be considered by the Solid and Hazardous Waste Commission.

b. Sampling Requirements

Golden Aluminum, Inc. shall conduct annual verification sampling of the delisted waste in January of each year to monitor for any significant change in the type or concentration of any hazardous constituents in the delisted waste. Annual verification sampling shall be submitted to the Division within sixty (60) days of the sampling event for review against initial criteria and sampling methodology for both total waste concentration and Toxicity Characteristic Leaching Procedure (TCLP).

c. Storage Requirements

1. The delisted waste generated by Golden Aluminum, Inc. may not be accumulated on-site for a period in excess of one year.

2. The volume of delisted waste accumulated on-site may not exceed 20 cubic yards at any given time.

3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as "delisted waste" and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

d. Recordkeeping Requirements

1. Golden Aluminum, Inc. shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2. Golden Aluminum, Inc. shall maintain all records required by paragraph d.1 above for a period of at least three years.

e. Disposal Requirements

The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2).

Statement of Basis and Purpose Part 261 - Identification and Listing of Hazardous Waste

Purpose

The fundamental purpose of the Part 261 regulations which are promulgated pursuant to C.R.S. 1973, 25-15-302(2) is to identify those wastes, which, because of the public health and environmental hazards that they may pose in transportation, treatment, storage or disposal, are subject to regulation as hazardous wastes.

Additionally, regulations concerning the identification and listing of hazardous waste are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA.

Basis

These regulations are based upon a "cradle-to-grave" system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, Public Law 94-580

These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations "from scratch", would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.

As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19, 1980 p. 33066 et seq. is hereby incorporated in this statement by reference. Pursuant to amendments made to this part 261 effective April 30, 1993, the information contained in the following Federal Registers is incorporated by reference: 55 FR 18726; 56 FR 27300-27330; 55 FR 46354-46397; 56 FR 21955-21960; 55 FR 5340-5342; 55 FR 18496-18506; 54 FR 50968; 53 FR 43881-43884; 53 FR 43878-43881; and 56 FR 19951.

The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.

The Regulations

These regulations define the terms "solid waste" and "hazardous waste," and identify those wastes which are excluded from these regulations. This is necessary in order to characterize the universe of materials which are subject to regulation.

Under the definition of hazardous waste, § 261.3, the phrase "if it has no commercial use or value" has been added as a restriction on the EPA definition. The basis for this action was to achieve consistency with the definition of hazardous waste under C.R.S. 1973, 25-15-101(9)(a). Also, under the Exclusions Section - materials which are not solid wastes, the following additions were listed in order to provide consistency with C.R.S. 1973, 25-15-101(9)(a): -inert materials used for construction fill or top soil placement or changing contour for agriculture or mining purposes; -any materials or waste exempted or not regulated as hazardous waste under the Federal Act.

Subpart B of these regulations sets forth criteria used to identify characteristics and to list particular hazardous wastes. Since there are hazardous wastes which meet these criteria, but which are not listed under Subpart D nor meet the characteristics under Subpart C, the regulations provide that the Department may identify such a waste as hazardous for purposes of these regulations. This provision is necessary in order to protect public health and the environment by ensuring that all hazardous wastes are adequately managed under these regulations. Hazardous wastes under Subpart C may be subject to regulation based on four characteristics defined in the regulations. These characteristics are ignitability, corrosivity, reactivity and (EP) toxicity. This allows a waste to be characterized as hazardous without specifically listing it by name or waste stream. Additionally, Subpart D lists particular hazardous waste, both by specific industrial process waste streams and as discarded commercial products. The discarded commercial products list is further subdivided into toxic and acutely hazardous wastes. Additionally, these regulations establish special, reduced management requirements for hazardous waste produced by small quantity generators. Small quantity generators are defined as those who generate less than 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely toxic waste within one month. Under this small quantity generator provision, those who treat or dispose of their own waste on-site must have a permit under these regulations or written Departmental approval. This requirement was added by the State in order to clarify the responsibilities of small quantity generators, and to ensure that such activities are conducted in a manner which does not threaten public health or the environment. If hazardous waste is disposed off-site, the waste must be delivered to an interim status or permitted facility, or a state-approved facility.

These regulations also include special requirements for hazardous waste which is used, re-used, recycled or reclaimed. These wastes are subject to reduced regulatory requirements in order to encourage re-use activities. This provision may conflict with C.R.S. 1973, 25-15-101(9)(a) which provides that waste which has commercial use or value is not considered hazardous. EPA is also in the process of revising these re-use regulations and this issue may need to be readdressed in the future.

Statement of Basis and Purpose Rule-making Hearing of April 20,1993 Hazardous Waste Management System; Identification and Listing of Hazardous Waste

Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 261 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S.

Toxicity Characteristic Revisions

The Environmental Protection Agency adopted an amendment which exempted from the toxicity characteristic rules certain used chlorofluorocarbon refrigerants which exhibit the toxicity characteristic and which are reclaimed for use. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

The amendments also remove the quality assurance requirement found in Method 1311, Toxicity Characteristic Leaching Procedure for correcting measured values for analytical bias. However, this rule retains appropriate quality assurance provisions, including that matrix spike recoveries be calculated and that the method of standard additions be employed as the quantitation method for metallic contaminants when appropriate as specified in the method. These amendments also provide state equivalency with the regulatory requirements of the Environmental Protection Act

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 55 FR 5910-5915, February 13, 1991, and at 55 FR 55114, November 24, 1992.

Exclusion of Certain Wastes

The Environmental Protection Agency amended the federal regulations to exclude from the definition of solid waste those coke by-product residues that are recycled by being returns to coke ovens as a feedstock to produce coke; returned to the tar recovery process as a feedstock to produce coal tar; or mixed with coal tar prior to coal tar refining or sale. The Agency also excluded the similarly-situated hazardous waste K087 when recycled in those ways. These amendments mirror the Agency's amendments.

The promulgation of these amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for this amendment published in the Federal Register at 57 FR 27880-27888 on June 22, 1992.