6 CCR 1007-3-8.51 Basis and Purpose

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 6 CCR 1007-3-8.51
• Year: 2023

These amendments to undefinedundefined6 CCR 1007-3, Parts 261, 264, 265, 267, Part 100 and Part 6 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25undefined25-15-302(2), C.R.S.

Zinc Fertilizers Made From Recycled Hazardous Secondary Materials

These amendments revise § § 261.4 and 267.20 of the Colorado Hazardous Waste Regulations ( undefinedundefined6 CCR 1007-3) to correspond to federal regulations promulgated by the Environmental Protection Agency and published in the Federal Register on July 24, 2002 (67 FR 48393-48415).

This rule puts in place a new, more coherent system for regulating the practice of manufacturing zinc fertilizers from hazardous secondary materials, and establishes conditions under which such materials can be recycled to produce fertilizers without the materials or the fertilizers being regulated as hazardous wastes.

The intent of these new regulations to create a more consistent and comprehensive regulatory framework for such recycling activities, will make industry more accountable for those activities, will establish more appropriate limits on contaminants in zinc fertilizers made from hazardous secondary materials, and in general will promote safe, beneficial recycling in the zinc fertilizer industry.

The amendments being adopted at this time include:

1) Revising § 267.20(b) to remove the exemption from land disposal restrictions (LDR) treatment standards for zinc fertilizers made from electric arc furnace dust, or K061;

2) Adding § 267.20(d) which excludes fertilizers that contain recyclable materials from being subject to RCRA regulation provided that:

a. They are zinc fertilizers excluded from the definition of solid waste according to § 261.4(a)(21) of the regulations; or

b. They meet the applicable treatment standards in Subpart D of Part 268 of the regulations for each hazardous waste they contain.

3) Adding § 261.4(a)(20) which establishes a conditional exclusion from the RCRA regulatory definition of solid waste for hazardous secondary materials that are legitimately recycled to make zinc micronutrient fertilizers; and

4) Adding § 261.4(a)(21) which establishes conditions (chiefly concentration limits for certain heavy metals and dioxins) under which zinc fertilizers produced from hazardous secondary materials are not classified as solid wastes, and hence are not subject to RCRA subtitle C regulation.

The conditional exclusion from the definition of solid waste for hazardous secondary materials used in zinc fertilizers is less stringent than existing state standards, and Colorado is not required to adopt these provisions. The elimination of the exemption from LDR treatment standards for K061 derived fertilizers is more stringent than existing state standards, and Colorado is required to adopt this provision. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal...