DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Amendments adopted by the Solid and Hazardous Waste Commission on February 19, 2008:

Identification of Accumulation Areas in the Contingency Plan

1) Add paragraph (h) to Section 265.52 to read as follows: 

§ 265.52 Content of contingency plan. 

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(h) The plan must include the location of all hazardous waste accumulation areas at the facility, as defined in paragraphs (a) and (c)(1) of § 262.34 of these regulations.

2) Add Section 8.66 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2008

8.66 	Basis and Purpose.

This amendment to 6 CCR 1007-3, Part 265 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 265.52: Identification of Accumulation Areas in the Contingency Plan

Section 265.52 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by adding paragraph (h) requiring that the location of all hazardous waste accumulation areas at a facility be included in the facility’s contingency plan. 

Pursuant to the existing accumulation requirements of 6 CCR 1007-3, Section 262.34(c), a hazardous waste generator is only required to list accumulation areas in the facility’s contingency plan if the facility maintains satellite accumulation areas.  A large quantity generator of hazardous waste that does not maintain satellite accumulation areas of hazardous waste would not be required to identify the location of the facility’s hazardous waste accumulation areas, including the facility’s 90-day storage area(s) in the facility’s contingency plan.

The purpose of this amendment is to clarify that the location of all hazardous waste accumulation areas at a facility are required to be identified in the facility’s contingency plan.

The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule.  The Commission finds that this rule is necessary to protect public health and the environment.