Current through Register Vol. 48, No. 6, March 25, 2025
(a) The purpose of this part is to establish minimum state standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.
(b) Except as provided in §265.1080(b), the standards of this part, and of § 264.552, §264.553, and § 264.554 of these regulations apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under Section 3005(e) of RCRA [42 U.S.C. §
6925(e)] and Part 99 and 100 of these regulations until either a permit is issued or until applicable Part 265 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by Section 3010(a) of RCRA [42 U.S.C. §
6930(a)] and/or failed to file Part A of the permit application as required by Part 99 and 100 of these regulations. These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after the effective date of these regulations, except as specifically provided otherwise in this part or Part 261 of these regulations.*
*These provisions, with regard to off-site disposal facilities, will be applied in accordance with C.R.S. 1973, 25-15-101 et seq.
(c) The requirements of this part do not apply to:
(3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste;
(5) The owner or operator of a facility permitted, licensed, or registered by the State of Colorado to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of these regulations;
(6) The owner or operator of a facility managing recyclable materials described in § 261.6(a)(2), (3), and (4) of these regulations (except to the extent they are referred to in Part 279 or Subparts C, D, F, or G of Part 267 of these regulations).*
*Note: Hazardous wastes burned in boilers and industrial furnaces are also subject to the requirements of Part 264, Subpart O and Part 265, Subpart H of these regulations
(7) A generator accumulating waste on site in compliance with applicable conditions for exemption in §§ 262.14 through 262.17 and Part 262, subpart L of these regulations, except to the extent the requirements of this part are included in those sections and subparts.
(8) A farmer disposing of waste pesticides from the farmer's own use in compliance with § 262.70 of these regulations.
(9) The owner or operator of a totally enclosed treatment facility, as defined in § 260.10.
(10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in § 260.10 of these regulations, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in § 268.40 of these regulations, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in §265.17(b).
(11)
(i) Except as provided in paragraph (c)(11)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of a hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of Subparts C and D.
(iii) Any person who is covered by paragraph (c)(11)(i) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this Part.
(iv) In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of § 262.30 at a transfer facility for a period often days or less.
(13) The addition of absorbent material to waste in a container (as defined in § 260.10 of these regulations) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and §
§ 265.17(b), 265.171, and 265.172 are complied with.
(14) Universal waste handlers and universal waste transporters (as defined in § 260.10) handling the wastes listed below. These handlers are subject to regulation under Part 273 of these regulations, when handling the below listed universal wastes.
(i) Batteries as described in § 273.2(a) of these regulations;
(ii) Pesticides as described in § 273.2(b) of these regulations;
(iii) Mercury-containing devices as described in § 273.2(c) of these regulations;
(iv) Aerosol cans as described in § 273.2(d) of these regulations;
(v) Lamps as described in § 273.2(e) of these regulations; and
(vi) Electronic devices and electronic components as described in § 273.2(f) of these regulations.
(16) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in § 267.500. Reverse distributors are subject to regulation under Part 267 Subpart P in lieu of this part for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals
(d) The following hazardous wastes must not be managed at facilities subject to regulation under this Part.
(1) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:
(i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;
(ii) The waste is stored in tanks or containers;
(iii) The waste is stored or treated in waste piles that meet the requirements of § 264.250(c) as well as all other applicable requirements of Subpart L of this part;
(iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in §265.352; or
(v) The waste is burned in facilities that thermally treat the waste in a device outer than an incinerator and that are certified pursuant to the standards and procedures in §265.383.
(e) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in Part 268 and the Part 268 standards are considered material conditions or requirements of the Part 265 interim status standards.
