DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Correction of Errors and Inadvertent Omissions

1) The Table of Contents for Part 260 is revised to add a listing for § 260.34 Standards and Criteria for Non-waste Confirmations to read as follows: 

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Subpart C ‑ Rulemaking Petitions 
260.20 	General.
260.21 	Petitions for equivalent testing or analytical methods. 
260.22	Petitions to amend Part 261 to exclude a waste produced at a particular facility.
260.23	Petitions to amend Part 273 to include additional hazardous wastes.
260.30	Variances from classification as a solid waste. 
260.31	Standards and criteria for variances from classification as a solid waste.
260.32	Variance to be classified as a boiler.
260.33	Procedures for variances from classification as a solid waste or to be classified as a boiler.
260.34 	Standards and Criteria for Non-waste Confirmations.
260.40	Additional regulation of certain hazardous waste recycling activities on a case‑by‑case basis.
260.41	Procedures for case‑by‑case regulation of hazardous waste recycling activities.

2) The text of the waste descriptions for the K901 listings in the table at § 268.40 is revised by changing the “pH > 12.5” reference to “pH > 10” to read as follows:
§ 268.40 Applicability of treatment standards.
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TREATMENT STANDARDS FOR HAZARDOUS WASTES	

Waste Code	
Waste Description and Treatment/Regulatory Subcategory1	
REGULATED HAZARDOUS CONSTITUENT	
WASTEWATERS	
NONWASTEWATERS	
		
Common Name	
CAS2 Number	
Concentration3 in mg/l; or Technology Code4	
Concentration5 in mg/kg unless noted as "mg/l TCLP"; or Technology Code	
****	*******	******	******	*******	******	

K901	
Subcategory Hydrolysate from 105 and 155 mm  howitzer munitions

Up to the point in the  PCAPP process where the acidic  hydrolyzate is manipulated to a sustained and stable ph> 12.5 10 to ensure destruction of sulfonium ions and  TDG-mustard aggregates, prior to transfer from reactor.	HD	505-60-2	
Non-detect using an approved analytical method	N/A	
		Corrosive	N/A	
DEACT and meet § 268.48 standards	N/A	
		Arsenic	7440-38-2	
1.4 and meet § 268.48 standards	5.0 mg/l TCLP and meet § 268.48 standards	
		Barium	7440-39-3	
1.2 and meet § 268.48 standards	21 mg/l TCLP and meet § 268.48 standards	
		Cadmium	7440-43-9	
0.69 and meet § 268.48 standards	
0.11 mg/l TCLP and meet § 268.48 standards	
		Chromium	7440-47-3	2.77 and meet § 268.48 standards	
0.60 mg/l TCLP and meet  § 268.48 standards	
		Lead	

7439-92-1	
0.69 and meet § 268.48 standards	
0.75 mg/l TCLP and meet § 268.48 standards	
		Mercury	7439-97-6	0.15 and meet § 268.48 standards	
0.20 mg/l TCLP and meet § 268.48 standards	
		Selenium	7782-49-2	0.82 and meet § 268.48 standards	
5.7 mg/l  TCLP and meet § 268.48 standards	
		Silver	7440-22-4	0.43 and meet § 268.48 standards	
0.14 mg/l TCLP and meet § 268.48 standards	
		1,4-Dichlorobenzene	106-46-7	0.090 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		1,2-Dichloroethane	107-06-2	0.21 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		1,1-Dichloroethylene	75-35-4	0.025 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		Tetrachloroethylene	127-18-4	0.056 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		Trichloroethylene	79-01-6	0.054 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		2,4,6-Trichlorophenol	88-06-2	0.035 and meet § 268.48 standards	
7.4 and meet § 268.48 standards	
		Vinyl Chloride	75-01-4	0.27 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	

K901	
Subcategory hydrolyzate from 4.2 inch mortar munitions

Up to the point in the PCAPP process where the acidic  hydrolyzate is manipulated to a sustained and stable ph> 12.5 10 to ensure destruction of sulfonium ions and TDG-mustard aggregates, prior to transfer from reactor.	
(HT)               HD

                       T	
505-60-2

and

63918-89-8	
Non-detect using an approved analytical method

Non-detect using an approved analytical method	N/A	
		Corrosive	N/A	
DEACT and meet § 268.48 standards	N/A	
		Arsenic	7440-38-2	
1.4 and meet § 268.48 standards	5.0 mg/l TCLP and meet § 268.48 standards	
		Barium	7440-39-3	
1.2 and meet § 268.48 standards	21 mg/l TCLP and meet § 268.48 standards	
		Cadmium	7440-43-9	
0.69 and meet § 268.48 standards	
0.11 mg/l TCLP and meet § 268.48 standards	
		Chromium	7440-47-3	2.77 and meet § 268.48 standards	
0.60 mg/l TCLP and meet  § 268.48 standards	
		Lead	7439-92-1	
0.69 and meet § 268.48 standards	
0.75 mg/l TCLP and meet § 268.48 standards	
		Mercury	7439-97-6	
0.15 and meet § 268.48 standards	
0.20 mg/l TCLP and meet § 268.48 standards	
		Selenium	7782-49-2	
0.82 and meet § 268.48 standards	
5.7 mg/l  TCLP and meet § 268.48 standards	
		Silver	

7440-22-4	

0.43 and meet § 268.48 standards	
0.14 mg/l TCLP and meet § 268.48 standards	
		1,4-Dichlorobenzene	106-46-7	
0.090 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		1,2-Dichloroethane	107-06-2	
0.21 and meet § 268.48 standards	6.0 and meet § 268.48 standards	
		1,1-Dichloroethylene	75-35-4	0.025 and meet § 268.48 standards	
6.0 and meet § 268.48 standards	
		Tetrachloroethylene	127-18-4	
0.056 and meet § 268.48 standards	6.0 and meet § 268.48 standards	
		Trichloroethylene	79-01-6	
0.054 and meet § 268.48 standards	6.0 and meet § 268.48 standards	
		2,4,6-Trichlorophenol	88-06-2	
0.035 and meet § 268.48 standards	
7.4 and meet § 268.48 standards	
		Vinyl Chloride	75-01-4	0.27 and meet § 268.48 standards	6.0 and meet § 268.48 standards	
****	******	******	******	******	******	

3) Section 8.73 {Statement of Basis and Purpose for the Rulemaking Hearing of May 18, 2010} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of May 18, 2010
8.73 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Parts 260 and 268 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Correction of Errors and Inadvertent Omissions
These amendments correct errors and inadvertent omissions which exist in the Table of Contents for Part 260, and the K901 listings in the table at § 268.40 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3).  

The amendments being adopted at this time include:

1) Revising the Table of Contents for Part 260 to add a listing for § 260.34 Standards and Criteria for Non-waste Confirmations.  A listing for § 260.34 in the Table of Contents for Part 260 was inadvertently omitted and not included as part of the § 260.34 Standards and Criteria for Non-waste Confirmations rulemaking adopted by the Solid and Hazardous Waste Commission at the February 16, 2010 Hearing. 

2) Revising the text of the waste descriptions for the K901 listings in the table at § 268.40 by changing the phrase “up to the point in the PCAPP process where the acidic hydrolyzate is manipulated to a sustained and stable pH > 12.5 to ensure destruction of sulfonium ions and TDG-mustard aggregates, prior to transfer from reactor.”  to read  “up to the point in the PCAPP process where the acidic hydrolyzate is manipulated to a sustained and stable pH > 10 to ensure destruction of sulfonium ions and TDG-mustard aggregates, prior to transfer from reactor.”  In its response to comments received on the Mustard Agent Amendments rulemaking, the Hazardous Materials and Waste Management Division agreed with a proposed amendment to change the “pH > 12.5” reference in the K901 listings to “pH > 10” as long as the pH is adjusted to 10 and sustained.  This change was inadvertently omitted and not included as part of the Mustard Agent Amendments adopted by the Solid and Hazardous Waste Commission at the February 16, 2010 Hearing.