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CODE of COLORADO REGULATIONS 6 CCR 1007-3 Part 8 Hazardous Materials and Waste Management Division

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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division HAZARDOUS WASTE - STATEMENTS OF BASIS AND PURPOSE 6 CCR 1007-3 Part 8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Statement of Basis and Purpose – Rule-making Hearing of May 18, 1993 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Wood Preserving 8.1 Basis and Purpose. These amendments to 6 CCR 1007-3, sections 100.41(b), 261.4(a), 262.34, 261.35(b), 264.190, 264.570, 264.571264.572, 264.573264.574, 264.575, 265.190, 265.440, 265,441, 265.442, 265.443, 265.444 and 265.445 an promulgated pursuant to the authority granted the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Effective June 6,1991 the Environmental Protection Agency (“EPA”) adopted amendments to rules under the Resource Conservation and Recovery Act listing as hazardous three categories of wastes from wood preserving operations that use chlorophenolic, creosote, and/or inorganic (arsenical and chromium) preservatives. The listings included wastewaters, process residuals, preservative drippage, and spent preservatives from wood preserving processes at facilities that use or have previously used chlorophenolic formulations, facilities that use creosote formulations, and facilities that use inorganic preservatives containing arsenic or chromium. The rules also included permitting and interim status standards for drip pads used to assist in the collection of treated wood drippage. The promulgation of these rules provide state equivalency with the rules of the EPA and assure authorization of the state hazardous waste program. This Basis and Purpose incorporates by reference the preamble language for these amendments published in the Federal Register at 55 FR 50450-50489 and 56 FR 30192-30198. In the preamble to the federal rule published December 6, 1990, 55 FR 50450, the EPA stated that certain information collection requirements in the federal rule would not be effective until the Office of Management and Budget (“OMB”) had reviewed and approved them. The preamble to the federal amendments to the December 6, 1990 rule, published July 1, 1991, 56 FR 30192 indicates that the OMB had reviewed and approved the information collection request, although the rule as published in the 1992 Code of Federal Regulations: continues to state that the effective data for these requirements remains contingent upon OMB approval. Despite this confusion in the federal rules, the Commission has determined that the effective date for the information collection requirements should not be delayed. Testimony indicated that the recordkeeping requirements should not add significantly to the existing requirements of either the Division or facilities affected by these requirements. Statement of Basis and Purpose – Rule-making Hearing of July 20, 1993 Wood Preserving; Identification and Listing of Hazardous Waste; Standards and Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities 1 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 8 Hazardous Materials and Waste Management Division 8.2 Basis and Purpose These amendments to 6 CCR 1007-3, sections 261.31, 264.570, 264.571, 264.572, 264.573, 265.440, 265.441, 265.442, and 265.443 are promulgated pursuant to the authority granted the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Effective December 24,1992, the Environmental Protection Agency (EPA) adopted amendments to rules under the Resource Conservation and Recovery Act (RCRA) that finalized modifications proposed on December 5, 1991 (56 FR 63848) to the wood preserving waste listings and drip pad regulations originally promulgated on December 6,1990 (55 FR 50450). These amendments modify the F032, F034, and F035 hazardous waste listings and portions of the subpart W requirements for drip pads. The listings of hazardous waste from the wood preserving industry include wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use or have used pentachlorophenol (F032), that currently use creosote (F034), or that currently use inorganic preservatives containing arsenic or chromium (F035). The promulgation of these rules provide state equivalency with the regulatory requirements of the Environmental Protection Act. This Basis and Purpose incorporates by reference the preamble language for this amendment published in the Federal Register beginning at 57 FR 61492 on December 24, 1992. Statement of Basis and Purpose – Rule-making Hearing of August 17, 1993 Hazardous Waste Management System; Identification and Listing of Hazardous Waste 8.3 Basis and Purpose. These amendments to 6 CCR 1007-3, Parts 261, 262, 264, 265, 268, and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Land Disposal Restrictions for Third Third Wastes On June 1, 1990, the Environmental Protection Agency published regulations promulgating prohibitions on land disposal of the Third Third scheduled hazardous wastes. These amendments correct errors and clarifies the language in the regulations of the June 1, 1990 final rule. 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 the Environmental Protection Agency regulations published in the Federal Register at 56 FR 3864-3928, January 31, 1991. Land Disposal Restrictions for Electric Arc Furnace Dust (K061) These amendments revise and finalize treatment standards for K061 nonwastewaters in the high zinc subcategory (i.e., containing equal to or greater than 15% total zinc, determined at the point of generation), that were originally regulated in the First Third Land Disposal Restrictions rule addressed by 53 FR 31138; August 17, 1998. 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 the Environmental Protection Agency regulations published in the Federal Register at 56 FR 41164-41178, August 19, 1991. 2 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 8 Hazardous Materials and Waste Management Division Land Disposal Restrictions for Third Third Scheduled Wastes On June 1, 1990, the Environmental Protection Agency published regulations promulgating prohibitions on land disposal of the Third Third scheduled wastes. These amendments correct errors and clarifies the language in the regulations of the June 1, 1990 Third Third final rule. This rule is the second correction to the Third Third rule, preceded by a January 31, 1991 rule (56 FR 3864) that made extensive amendments to the Third Third rule. 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 the Environmental Protection Agency regulations published in the Federal Register at 57 FR 8086-8089, March 6, 1992. Statement of Basis and Purpose – Rule-Making Hearing of August 17, 1993. Hazardous Waste Management System; Identification and Listing of Hazardous Waste 8.4 Basis and Purpose. These amendments to 6 CCR 1007-3, Parts 261, 264, 265, and 268 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Land Disposal Restrictions for First Third Wastes The Environmental Protection Agency promulgated regulations restricting the land disposal of hazardous waste, and establishing specific treatment standards and effective dates for certain so-called “First Third” wastes. These amendments were previously adopted in Colorado, but were inadvertently deleted. 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 the Environmental Protection Agency regulations published in the Federal Register at 53 FR 31138-31222, August 17, 1988, and as amended at 54 FR 8264-8266, February 27, 1989. Land Disposal Restrictions for Second Third Wastes The Environmental Protection Agency promulgated regulations implementing the Congressionally mandated prohibitions on land disposal of hazardous wastes listed in 40 CFR 268.11, and establishing specific treatment standards and effective dates for certain so-called “Second Third” wastes. These amendments were previously adopted in Colorado, but were inadvertently deleted. 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 the Environmental Protection Agency regulations published in the Federal Register at 54 FR 26594-26652, June 23, 1989. Land Disposal Restrictions for Third Third Wastes The Environmental Protection Agency promulgated regulations restricting the land disposal of hazardous waste, and establishing specific treatment standards and effective dates for certain so-called “Third Third” wastes. 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 the
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