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11 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT23 Solid and Hazardous Waste Commission/Hazardous Materials and 4 Waste Management Division5 6 6 CCR 1007-3 7 8 HAZARDOUS WASTE9 10 11Removal of National Environmental Performance Track/Colorado Environmental 12Leadership Program Provisions 13 141) Section 260.10 of Part 260 is amended by deleting the definitions for “Colorado 15 Environmental Leadership program facility” and “EPA National Environmental 16 Performance Track member facility” as follows: 17 18§ 260.10 Definitions. 19 20****** 21“Colorado Environmental Leadership program facility” means a facility that has been 22accepted by the Department for membership in the Colorado Environmental Leadership 23Program and is still a member of the Program. The Colorado Environmental Leadership 24Program is a voluntary, facility-based program for top environmental performers. Gold Leaders 25in the Colorado Environmental Leadership program must demonstrate a good record of 26compliance, past success in achieving environmental goals, and commit to future specific 27quantified environmental goals, environmental management systems, local community 28outreach, and annual reporting of measurable results. 29 30****** 31“EPA National Environmental Performance Track member facility” means a facility that has 32been accepted by EPA for membership in the National Environmental Performance Track 33Program and is still a member of the Program. The National Environmental Performance Track 34Program is a voluntary, facility-based program for top environmental performers. Facility 35members must demonstrate a good record of compliance, past success in achieving 36environmental goals, and commit to future specific quantified environmental goals, 37environmental management systems, local community outreach, and annual reporting of 38measurable results. 39 40******* 41 422) Section 262.34 of Part 262 is amended by deleting paragraphs (k) through (k)(9)(iv), (l), 43and (m), and reserving paragraphs (k), (l) and (m) as follows:44§ 262.34 Accumulation Time.2Removal of Performance Track/ELP Provisions Rulemaking 3August 18, 2009 Hearing 4Page 1 of 9 545********46(k) {Reserved} A member of the Colorado Environmental Leadership Program and EPA National 47 Environmental Performance Track Program who generates 1000 kilograms (kg) or greater of 48 hazardous waste per month (or one kilogram or more of acute hazardous waste) may accumulate 49 hazardous waste on-site without a permit or interim status for an extended period of time, provided 50 that:51 (1) The generator accumulates the hazardous waste for no more than 180 days, or for no more 52 than 270 days if the generator must transport the waste (or offer the waste for transport) more 53 than 200 miles from the generating facility; and54 (2) The generator first notifies the Regional Administrator of EPA and the Colorado Department 55 of Public Health and Environment in writing of its intent to begin accumulation of hazardous 56 waste for extended time periods under the provisions of this section. Such advance notice 57 must include:58 (i) Name and EPA ID number of the facility, and specification of when the facility will 59 begin accumulation of hazardous wastes for extended periods of time in accordance 60 with this section; and61 (ii) A description of the types of hazardous wastes that will be accumulated for extended 62 periods of time, and the units that will be used for such extended accumulation; and63 (iii) A statement that the facility has made all changes to its operations, procedures, 64 including emergency preparedness procedures, and equipment, including equipment 65 needed for emergency preparedness, that will be necessary to accommodate 66 extended time periods for accumulating hazardous wastes; and67 (iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, 68 a certification that a facility that is permitted (or operating under interim status) under 69 Part 100 of these regulations to receive these wastes is not available within 200 miles 70 of the generating facility; and71 (3) The waste is managed in:72 (i) Containers, in accordance with the applicable requirements of subparts I, AA, BB, and 73 CC of Part 265 and § 264.175 of these regulations; or74 (ii) Tanks, in accordance with the applicable requirements of subparts J, AA, BB, and CC 75 of Part 265 of these regulations, except for § 265.197(c) and § 265.200; or76 (iii) Drip pads, in accordance with subpart W of Part 265 of these regulations; or77 (iv) Containment buildings, in accordance with subpart DD of Part 265 of these 78 regulations; and79 (4) The quantity of hazardous waste that is accumulated for extended time periods at the facility 80 does not exceed 30,000 kg; and81 (5) The generator maintains the following records at the facility for each unit used for extended 82 accumulation times:83 (i) A written description of procedures to ensure that each waste volume remains in the 84 unit for no more than 180 days (or 270 days, as applicable), a description of the 6Removal of Performance Track/ELP Provisions Rulemaking 7August 18, 2009 Hearing 8Page 2 of 9 985 waste generation and management practices at the facility showing that they are 86 consistent with the extended accumulation time limit, and documentation that the 87 procedures are complied with; or88 (ii) Documentation that the unit is emptied at least once every 180 days (or 270 days, if 89 applicable); and90 (6) Each container or tank that is used for extended accumulation time periods is labeled or 91 marked clearly with the words “Hazardous Waste,” and for each container the date upon 92 which each period of accumulation begins is clearly marked and visible for inspection; and93 (7) The generator complies with the requirements for owners and operators in subparts C and D 94 in Part 265 of these regulations, with § 265.16, and with § 268.7(a)(5). In addition, such a 95 generator is exempt from all the requirements in subparts G and H of Part 265 of these 96 regulations, except for § § 265.111 and 265.114; and97 (8) The generator has implemented pollution prevention practices that reduce the amount of any 98 hazardous substances, pollutants, or contaminants released to the environment prior to its 99 recycling, treatment, or disposal; and100 (9) The generator includes the following with its EPA National Environmental Performance Track 101 Annual Performance Report, which must be submitted to the EPA along with a copy to the 102 Department:103 (i) Information on the total quantity of each hazardous waste generated at the facility that 104 has been managed in the previous year according to extended accumulation time 105 periods; and106 (ii) Information for the previous year on the number of off-site shipments of hazardous 107 wastes generated at the facility, the types and locations of destination facilities, how 108 the wastes were managed at the destination facilities (e.g., recycling, treatment, 109 storage, or disposal), and what changes in on-site or off-site waste management 110 practices have occurred as a result of extended accumulation times or other pollution 111 prevention provisions of this section; and112 (iii) Information for the previous year on any hazardous waste spills or accidents 113 occurring at extended accumulation units at the facility, or during off-site transport of 114 accumulated wastes; and115 (iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, 116 a certification that a facility that is permitted (or operating under interim status) under 117 Part 100 of these regulations to receive these wastes is not available within 200 miles 118 of the generating facility; and119(l) {Reserved} If hazardous wastes must remain on-site at a Colorado Environmental Leadership 120 Program and EPA National Environmental Performance Track member facility for longer than 180 121 days (or 270 days, if applicable) due to unforeseen, temporary, and uncontrollable circumstances, an 122 extension to the extended accumulation time period of up to 30 days may be granted at the discretion 123 of the Department and EPA on a case-by-case basis.124(m) {Reserved} If a member of the Colorado Environmental Leadership Program and EPA National 125 Environmental Performance Track withdraws from either program, or if a generator’s membership in 126 either program is terminated by the Department or EPA, the generator must return to compliance with 127 all otherwise applicable hazardous waste regulations as soon as possible, but no later than six 128 months after the date of withdrawal or termination.10Removal of Performance Track/ELP Provisions Rulemaking 11August 18, 2009 Hearing 12Page 3 of 9 13129******* 1303) Section 264.15 of Part 264 is amended by revising paragraph (b)(4) and deleting 131paragraphs (b)(5) through (b)(5)(iii) as follows:132§ 264.15 General inspection requirements.133******134(b) *****135 (4) The frequency of inspection may vary for the items on the schedule. However, the frequency 136 should be based on the rate of deterioration of the equipment and the probability of an environmental 137 or human health incident if the deterioration, malfunction, or any operator error goes undetected 138 between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected 139 daily when in use, except for Colorado Environmental Leadership and EPA Performance Track 140 member facilities, that must inspect at least once each month, upon approval by the Department, as 141 described in paragraph (b)(5) of this section. At a minimum, the inspection schedule must include the 142 items and frequencies called for in §§ 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 143 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 144 264.1089 of this part, where applicable.145 [Comment: Part 100 of these regulations requires the inspection schedule to be submitted with part B 146 of the permit application. The Department will evaluate the schedule along with the rest of the 147 application to ensure that it adequately protects human health and the environment. As part of this 148 review, the Department may modify or amend the schedule as may be necessary.] 149 150 (5) Colorado Environmental Leadership and EPA Performance Track member facilities that chose to 151 reduce their inspection frequency must:152 (i) Submit a request for a Class 1 permit modification with prior approval to the Department. The 153 modification request must identify the facility as a member of the Colorado Environmental 154 Leadership and EPA National Environmental Performance Track Program and identify the 155 management units for reduced inspections and the proposed frequency of inspections. The 156 modification request must also specify, in writing, that the reduced inspection frequency will apply 157 for as long as the facility is a Colorado Environmental Leadership and EPA Performance Track 158 member facility, and that within seven calendar days of ceasing to be a Colorado Environmental 159 Leadership and EPA Performance Track member, the facility will revert to the non-Environmental 160 Leadership and EPA Performance Track inspection frequency. Inspections must be conducted at 161 least once each month.162 (ii) Within 60 days, the Department will notify the Colorado Environmental Leadership and EPA 163 Performance Track member facility, in writing, if the request is approved, denied, or if an extension 164 to the 60-day deadline is needed. This notice must be placed in the facility’s operating record. 165 The Colorado Environmental Leadership and EPA Performance Track member facility should 166 consider the application approved if the Department does not: deny the application; or notify the 167 Colorado Environmental Leadership and EPA Performance Track member facility of an extension 168 to the 60-day deadline. In these situations, the Colorado Environmental Leadership and EPA 169 Performance Track member facility must adhere to the revised inspection schedule outlined in its 170 request for a Class 1 permit modification and keep a copy of the application in the facility’s 171 operating record.172 (iii) Any Colorado Environmental Leadership and EPA Performance Track member facility that 173 discontinues its membership or is terminated from either program must immediately notify the 174 Department of its change in status. The facility must place in its operating record a dated copy of 14Removal of Performance Track/ELP Provisions Rulemaking 15August 18, 2009 Hearing 16Page 4 of 9 17175 this notification and revert back to the non-Environmental Leadership and EPA Performance Track 176 Performance Track inspection frequencies within seven calendar days.177******* 178 1794) Section 264.174 of Part 264 is amended to read as follows:180§ 264.174 Inspections.181At least weekly, the owner or operator must inspect areas where containers are stored., except for 182Colorado Environmental Leadership and EPA Performance Track member facilities, that may conduct 183inspections at least once each month, upon approval by the Department. To apply for reduced inspection 184frequencies, the Colorado Environmental Leadership and EPA Performance Track member facility must 185follow the procedures identified in § 264.15(b)(5) of this part. The owner or operator must look for leaking 186containers and for deterioration of containers and the containment system caused by corrosion or other 187factors. 188 1895) Section 264.195 of Part 264 is amended by deleting and reserving paragraph (e) as 190follows:191§ 264.195 Inspections.192***** 193(e) {Reserved} Colorado Environmental Leadership and EPA Performance Track member facilities may 194inspect on a less frequent basis, upon approval by the Department, but must inspect at least once each 195month. To apply for a less than weekly inspection frequency, the Colorado Environmental Leadership 196and EPA Performance Track member facility must follow the procedures described in § 264.15(b)(5).197****** 198 1996) Section 264.1101 of Part 264 is amended by revising paragraph (c)(4) to read as 200follows:201§ 264.1101 Design and operating standards.202****** 203(c) Owners or operators of all containment buildings must: 204 ****** 205 (4) Inspect and record in the facility's operating record, at least once every seven days, except for 206 Colorado Environmental Leadership and EPA Performance Track member facilities that must inspect 207 at least once each month, upon approval by the Department, data gathered from monitoring 208 equipment and leak detection equipment as well as the containment building and the area 209 immediately surrounding the containment building to detect signs of releases of hazardous waste. To 210 apply for reduced inspection frequencies, the Colorado Environmental Leadership and EPA 211 Performance Track member facility must follow the procedures described in § 264.15(b)(5) of these 212 regulations. 213 214****** 215 2167) Section 265.15 of Part 265 is amended by revising (b)(4) and deleting paragraphs (b)(5) 217through (b)(5)(iii) as follows:18Removal of Performance Track/ELP Provisions Rulemaking 19August 18, 2009 Hearing 20Page 5 of 9 21218§ 265.15 General inspection requirements.219*****220(b)*****221 (4) The frequency of inspection may vary for the items on the schedule. However, the frequency 222 should be based on the rate of deterioration of the equipment and the probability of an 223 environmental or human health incident if the deterioration, malfunction, or any operator error 224 goes undetected between inspections. Areas subject to spills, such as loading and unloading 225 areas, must be inspected daily when in use, except for Colorado Environmental Leadership 226 and EPA Performance Track member facilities, that must inspect at least once each month, 227 upon approval by the Department, as described in paragraph (b)(5) of this section. At a 228 minimum, the inspection schedule must include the items and frequencies called for in § § 229 265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403, 230 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090 of this part, where 231 applicable. 232 (5) Colorado Environmental Leadership and EPA Performance Track member facilities that 233 chose to reduce inspection frequencies must: 234 (i) Submit an application to the Department. The application must identify the facility as a 235 member of the Colorado Environmental Leadership and EPA National Environmental 236 Performance Track Programs and identify the management units for reduced 237 inspections and the proposed frequency of inspections. Inspections must be 238 conducted at least once each month. 239 (ii) Within 60 days, the Department will notify the Colorado Environmental Leadership 240 and EPA Performance Track member facility, in writing, if the request is approved, 241 denied, or if an extension to the 60-day deadline is needed. This notice must be 242 placed in the facility’s operating record. The Colorado Environmental Leadership and 243 EPA Performance Track member facility should consider the application approved if 244 the Department does not: (1) deny the application; or (2) notify the Colorado 245 Environmental Leadership and EPA Performance Track member facility of an 246 extension to the 60-day deadline. In these situations, the Colorado Environmental 247 Leadership and EPA Performance Track member facility must adhere to the revised 248 inspection schedule outlined in its application and maintain a copy of the application 249 in the facility’s operating record. 250 (iii) Any Colorado Environmental Leadership and EPA Performance Track member 251 facility that discontinues its membership or is terminated from either program must 252 immediately notify the Department of its change in status. The facility must place in 253 its operating record a dated copy of this notification and revert back to the non- 254 Environmental Leadership and EPA Performance Track Performance Track 255 inspection frequencies within seven calendar days. 256****** 257 2588) Section 265.174 of Part 265 is amended to read as follows:259§ 265.174 Inspections. 260(a) At least weekly, the owner or operator must inspect areas where containers are stored., except for 261 Colorado Environmental Leadership and EPA Performance Track member facilities, that must 262 conduct inspections at least once each month, upon approval by the Department. To apply for 22Removal of Performance Track/ELP Provisions Rulemaking 23August 18, 2009 Hearing 24Page 6 of 9 25263 reduced inspection frequency, the Colorado Environmental Leadership and EPA Performance Track 264 member facility must follow the procedures described in § 265.15(b)(5) of this part. The owner or 265 operator must look for: leaking containers, deterioration of containers caused by corrosion or other 266 factors, compliance with § § 265.170 through 265.173 of this Part, and the applicable labeling 267 requirements of § 262.34 of these regulations. 268 2699) Section 265.201 of Part 265 is amended by deleting and reserving paragraph (e) as 270follows:271§ 265.201 Special requirements for generators of between 100 and 1,000 kg/mo that accumulate 272 hazardous waste in tanks.273****** 274(e) {Reserved} Colorado Environmental Leadership and EPA Performance Track member facilities may 275 inspect on a less frequent basis, upon approval by the Department, but must inspect at least once 276 each month. To apply for a less than weekly inspection frequency, the Colorado Environmental 277 Leadership and EPA Performance Track member facility must follow the procedures described in § 278 265.15(b)(5). 279****** 28010) Section 265.1101 of Part 265 is amended by revising paragraph (c)(4) to read as 281follows: 282283§ 265.1101 Design and operating standards.284******285 (c) Owners or operators of all containment buildings must:286 ******287 (4) Inspect and record in the facility's operating record, at least once every seven days, except 288 for Colorado Environmental Leadership and EPA Performance Track member facilities, that 289 must inspect up to once each month, upon approval of the department, data gathered from 290 monitoring equipment and leak detection equipment as well as the containment building and 291 the area immediately surrounding the containment building to detect signs of releases of 292 hazardous waste. To apply for reduced inspection frequencies, the Colorado Environmental 293 Leadership and EPA Performance Track member facility must follow the procedures 294 described in § 265.15(b)(5) of these regulations. 295****** 296 29711) Section 8.71 {Statement of Basis and Purpose for the Rulemaking Hearing of August 29818, 2009} is added to Part 8 of the Regulations to read as follows: 299 300 Statement of Basis and Purpose 301 Rulemaking Hearing of August 18, 20093023038.71 Basis and Purpose.26Removal of Performance Track/ELP Provisions Rulemaking 27August 18, 2009 Hearing 28Page 7 of 9 29304These amendments to 6 CCR 1007-3, Parts 260, 262, 264 and 265 are made pursuant to the authority 305granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.306Removal of National Environmental Performance Track/Colorado Environmental Leadership Program 307Provisions 308 309These amendments revise the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to remove the 310extended accumulation time requirements and reduced inspection frequency requirements currently 311available to members of both Colorado’s Environmental Leadership Program and the U.S. Environmental 312Protection Agency‘s (EPA’s) National Environmental Performance Track program. 313 314Adoption of these amendments became necessary following EPA’s decision to terminate the federal 315Performance Track Program effective May 14, 2009.316On January 11, 2005, Colorado adopted state analogs to correspond to the National Environmental 317Performance Track regulations promulgated by EPA and published in the Federal Register on April 22, 3182004 (69 FR 21737-21754), and as amended on October 25, 2004 (69 FR 62217-62224). 319 320On March 16, 2009, EPA Administrator Lisa P. Jackson issued a memorandum halting the federal 321Performance Track program. The Administrator’s memorandum was followed by a memorandum from 322Chuck Kent, Director, Office of Policy Economics, and Innovation, dated March 25, 2009, which provided 323more details about the termination, including that the low priority for routine inspections incentive was no 324longer in effect. A notice announcing EPA’s decision to terminate the Performance Track Program was 325published in the Federal Register on May 14, 2009 {74 FR 22741-22742}. 326 327In order to maintain its authorization to operate its state program in lieu of the U.S. EPA operating a 328federal program, Colorado must adopt state requirements equivalent to and consistent with the overlying 329federal requirements. To maintain consistency with the federal requirements and to remedy these state 330requirements from inadvertently become less stringent than the federal program, the Commission is at 331this time revising the state analogs to delete these extended accumulation time requirements and 332decreased inspection frequency incentives. These amendments provide state equivalency with the 333regulatory requirements of the Environmental Protection Agency.334The amendments being adopted at this time include:335 1. Deleting the existing extended accumulation time requirements found at paragraphs (k), 336 (l), and (m) of § 262.34 of Colorado’s hazardous waste regulations; and 337 2. Revising §§ 260.10, 264.15(b)(4), 264.15(b)(5), 264.174, 264.195, 264.1101(c)(4), 338 265.15(b)(4), 265.15(b)(5), 265.174, 265.201, and 265.1101(c)(4) to delete the language 339 allowing members of the Colorado Environmental Leadership and EPA Performance Track 340 programs to apply for an adjustment to the frequency of inspections for certain hazardous 341 waste units and areas.342Although EPA has terminated the federal Performance Track Program, Colorado will continue to operate 343its performance-based state program. Colorado’s Environmental Leadership Program (ELP) is a 344statewide environmental recognition and reward program administered by the Colorado Department of 345Public Health and Environment's (the Department) Sustainability Program. The ELP is a voluntary 346program designed to recognize and reward organizations and businesses that demonstrate superior 347environmental performance and, as a result, consistently operate at a level that goes beyond mere 348compliance with environmental regulations. This voluntary incentive and recognition program encourages 349program members to focus on issues important to their communities and to take a creative approach to 350solve local problems and achieve environmental goals. 351 352Membership in the program is open to all types of organizations and businesses from large corporate 353entities to small businesses, government agencies, nonprofits and academic institutions. To participate in 30Removal of Performance Track/ELP Provisions Rulemaking 31August 18, 2009 Hearing 32Page 8 of 9 33354the leadership program, an organization must meet the ELP eligibility related compliance requirements 355and fit within a specific “tier” of the program. 356 357In exchange for the environmental commitment and superior environmental performance, Colorado’s 358leadership program will continue to provide benefits and incentives such as recognition, public-private 359partnerships, networking and technical assistance to its environmental leaders. Additional information 360regarding Colorado’s Environmental Leadership Program is available at 361http://www.cdphe.state.co.us/el/elp/index.html34Removal of Performance Track/ELP Provisions Rulemaking 35August 18, 2009 Hearing 36Page 9 of 9

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