DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Removal of Saccharin and its Salts from the Lists of Hazardous Constituents and Hazardous Wastes

(Adopted by the Solid and Hazardous Waste Commission on May 29, 2013)

1)	Amend § 261.33 by revising the comment paragraph following paragraph (f), and removing the entries for the U202 hazardous waste listing in the table to read as follows: 

§ 261.33  Discarded commercial chemical products, off‑specification species, container residues, and spill residues thereof.

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(f) The commercial chemical products, manufacturing chemical intermediates, or off‑specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in § 261.5(a) and (g).  

[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity).  Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number.]

These wastes and their corresponding EPA Hazardous Waste Numbers are:

Hazardous waste No.	
Chemical abstracts No.	
Substance	
Common Name	

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U021	
92-87-5	
Benzidine	
Same	

U278	
22781-23-3	
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate	
Bendiocarb	

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U201	
108-46-3	
Resorcinol	
Same	

U203	
94-59-7	
Safrole	
Same	

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FOOTNOTE: 1CAS Number given for parent compound only.

2)	Amend Appendix VIII to Part 261 by removing the entries for “Saccharin” and “Saccharin salts” from the Table “Hazardous Constituents” to read as follows: 

Appendix VIII -- Hazardous Constituents	

Common name	
Chemical abstracts name	
Chemical abstracts No.	
Hazardous waste No.	

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Resorcinol	
1,3-Benzenediol	
108-46-3	
U201	

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FOOTNOTE: 1The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix.

3)	Amend the Table at § 268.40 by removing the entry for waste code U202 as follows: 
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 Code4	

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U201	
Resorcinol	
Resorcinol	
108-46-3	
(WETOX or CHOXD) fb CARBN; or CMBST	
CMBST	

U203	
Safrole	
Safrole	
94-59-7	
0.081	
22	

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FOOTNOTES TO TREATMENT STANDARDS TABLE § 268.40:
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4)	Amend Appendix VII to Part 268 by removing the entry for waste code U202 from Table 1, “Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRs - Comprehensive List” to read as follows: 

Part 268, Appendix VII

Table 1. -- Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRsa - Comprehensive List	

Waste code	
Waste category	
Effective date	

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U201	
All	
Aug. 8, 1990.	

U203	
All	
Aug. 8, 1990.	

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5) Add Section 8.82 {Statement of Basis and Purpose for the Rulemaking Hearing of May 29, 2013 to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 29, 2013

8.82 	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 261 and 268 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Removal of Saccharin and its Salts from the Lists of Hazardous Constituents

These amendments remove saccharin and its salts from the lists of hazardous constituents (Part 
261, Appendix VIII) and commercial chemical products which are hazardous wastes (§ 261.33 (f)) when discarded or intended to be discarded.  Specifically, the wastes affected by this final rule are unused commercial chemical products, manufacturing chemical intermediates, off-specification material, container residues, and spill residues that contain saccharin or its salts in a pure or technical grade form, or as the sole active ingredient and are listed as EPA Hazardous Waste No. U202 (§261.33(f)). With these amendments, these wastes will no longer be subject to the U202 listing.

This rulemaking adopts state analogs to the federal rule issued by the Environmental Protection Agency (EPA) on December 17, 2010 {75 FR 78918-78926} in response to a petition submitted to EPA by the Calorie Control Council (CCC) to remove saccharin and its salts from EPA's lists of hazardous constituents, hazardous wastes, and hazardous substances.

EPA’s December 17, 2010 final rule granted CCC's petition based on a review of the evaluations 
conducted by key public health agencies concerning the carcinogenic and other potential toxicological effects of saccharin and its salts, as well as EPA's own assessment of the waste generation and management information for saccharin and its salts. This review/assessment demonstrated that saccharin and its salts did not meet the criteria in the hazardous waste regulations for remaining on EPA's lists of 
hazardous constituents, hazardous wastes, and hazardous substances.

This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 75 FR 78918-78926, December 17, 2010. These amendments are considered to be less stringent than the current regulations, and Colorado is not required to modify its regulations to adopt these amendments.