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 November 16, 2010:

Amendment of § 100.63 and Appendix I to § 100.63

1) Revise Section 100.63 by deleting paragraphs (l) – (l)(2), and reserving paragraph (l) as follows:

§ 100.63 Permit Modification At The Request Of The Permittee.

(l) Reserved. 

2) Revise Section O. {Burden Reduction} in Appendix I to § 100.63 to read as follows:
Appendix I to § 100.63 -- Classification of Permit Modification	

Modifications	
Class	
*******		
O. Burden Reduction:		

1. Reserved. 		

2.  Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant to § 264.52(b)	1	

3.  Reserved. 		

4.  Changes to inspection frequency for tank systems pursuant to § 264.195(b)	1	

5.  Changes to detection and compliance monitoring program pursuant to: §§ 264.98(d), (g)(2), and (g)(3), 264.99(f), and (g)	1	
*******
3) Add Section 8.74 {Statement of Basis and Purpose for the Rulemaking Hearing of November 16, 2010} to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of November 16, 2010

8.74 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Part 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 100.63 and Appendix I to § 100.63
These amendments to Part 100 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) remove the permit modification provisions for EPA Performance Track member facilities that currently exist in § 100.63 and Appendix I to § 100.63.  
These provisions were inadvertently excluded from the amendments adopted by the Commission on August 18, 2009 to remove the extended accumulation time requirements and reduced inspection frequency requirements previously available to members of both Colorado’s Environmental Leadership Program and the U.S. Environmental Protection Agency‘s (EPA’s) National Environmental Performance Track program. 
The Commission’s adoption of the August 2009 amendments became necessary following EPA’s decision to terminate the federal Performance Track Program effective May 14, 2009. A notice announcing EPA’s decision to terminate the Performance Track Program was published in the Federal Register on May 14, 2009 {74 FR 22741-22742}.
Paragraph 3 of Subsection O (Burden Reduction) in Appendix I to § 100.63 is also being amended at this time to delete and reserve the paragraph.  The recordkeeping and reporting requirements pursuant to the specific regulatory citations listed in paragraph 3 were amended by the RCRA Burden Reduction Initiative Amendments adopted by the Commission on May 15, 2007 and are no longer applicable.