DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Proposed Revocation of Conditional Delisting #003 from Appendix IX of Part 261

1) Appendix IX of Part 261 is amended by removing Delisting #003: 

PART 261, APPENDIX IX – WASTES EXCLUDED UNDER §§ 260.20 AND 260.22 

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2) Section 8.100 {Statement of Basis and Purpose for the Rulemaking Hearing of August 16, 2022} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of August 16, 2022
8.100 	Basis and Purpose.
This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission (“Commission”) in § 25-15-302(2), C.R.S.
Amendment of Appendix IX of Part 261– Wastes Excluded Under §§ 260.20 and 260.22
Appendix IX of Part 261 (Wastes Excluded Under §§ 260.20 and 260.22) is being amended to remove Delisting #003 (“Delisting”), the conditional delisting granted to the Denver Arapahoe Chemical Waste Processing Facility (“DACWPF”), operated by Waste Management of Colorado, Inc. (“WMC”). The Hazardous Materials and Waste Management Division (“Division”) and WMC submitted a joint petition (“Joint Revocation Petition”) to revoke the Delisting, which granted WMC a conditional delisting of the F039 multisource leachate that collects in the primary and secondary leachate collection sumps at DACWPF, a closed hazardous waste landfill.

The Commission is revoking the Delisting on the basis of the Joint Revocation Petition, which the Division and WMC agreed to submit in order to settle Waste Management of Colorado, Inc. v. Colorado Department of Public Health and Environment, et al., Case No. 22CV30115 in the District Court, Arapahoe County, State of Colorado. The Joint Revocation Petition is not based on any alleged deficiencies in the Delisting or on any allegations of non-compliance with the Delisting Regulation, nor is the Commission’s decision to revoke the Delisting Regulation based on any such allegations.