6 CCR 1007-3-8.47 Basis and Purpose

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 6 CCR 1007-3-8.47
• Year: 2023

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

Conformance with the vacatur regarding secondary materials reclaimed by the mineral processing industry.

Section 261.2(c)(3) of the Colorado Hazardous Waste Regulations ( undefinedundefined6 CCR 1007-3) is being amended at this time to conform with the federal appeals court ruling in Association of Battery Recyclers, Inc. et al. v. U.S. EPA et al., 208 F. 3d 1047 (D.C. Cir. 2000, Docket Number: 98-1368) regarding several consolidated challenges to the Phase IV land disposal restrictions (LDR) rule promulgated by the Environmental Protection Agency (EPA) on May 26,1998 (63 FR 28556-28753). The challenges to the LDR Phase IV rule were filed by the National Mining Association, the American Iron and Steel Institute, the Chemical Manufacturers Association, and other industry groups.

In the Phase IV rule, EPA revised the reclamation provision in 40 CFR § 40undefined261.2(c)(3) by adding the limiting statement "(except as provided under 40 CFR 40undefined261.4(a)(17))." State analogs to the federal rule were adopted by the Colorado Hazardous Waste Commission (Commission) on September 21, 1999.

In the April 21, 2000 ruling, the court found that EPA had overstepped its authority when it regulated in-process reclaimed mineral processing secondary materials. As a result, the provision "(except as provided under 40 CFR 40undefined261.4(a)(17))" in 40 CFR § 40undefined261.2(c)(3) was set aside. A copy of the decision can be found at http://www.ll.Georgetown.edu/Fed-Ct/Circuit/dc/opinions/98-1386a.pdf.

The court's mandated deletion of the above referenced provision in 40 CFR § 40undefined261.2(c)(3) relates solely to characteristic sludges and by-products as well as certain listed commercial chemical products. The court did not strike any other provision of the LDR Phase IV regulations. As such, the outcome of the April 2000 decision is that (1) characteristic sludges and by-products are now regulated by the pre-LDR Phase IV regulatory approach of 40 CFR § 40undefined261.2(c)(3) (i.e., not regulated as "solid waste" if reclaimed) and...