This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 261.21 Characteristic of ignitability.
These amendments to § 261.21 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) replace the obsolete references to the DOT regulations contained in the definitions for an ignitable compressed gas (§ 261.21(a)(3)) and an oxidizer (§ 261.21(a)(4)), with the actual language from the referenced sections of the DOT regulations that was published in Title 49 of the CFR at the time of the finalization of the RCRA regulations (1980). Because it can be difficult to obtain copies of the CFR from 1980, these amendments will make it easier for the regulated community to find and apply the definitions of ignitable compressed gas and oxidizer for the purposes of § 261.21. The implementation and enforcement of the ignitability characteristic will not change in any way. The Division is simply publishing the original definitions to ease the burden on the regulated community.
This Basis and Purpose incorporates by reference the applicable portions of the preamble language for Section 261.21 of the EPA regulations as published in the Federal Register at 71 FR 40254-40255, July 14, 2006.
Statement of Basis and Purpose Rulemaking Hearing of May 19, 2015
6 CCR 1007-3-8.84