These amendments to the Colorado Hazardous Waste
Regulations 6 CCR 1007-3 are made pursuant to the authority granted to the
Hazardous Waste Commission in section
25-15-302(2),
C.R.S.
Reformatting and Republication of the Hazardous Waste
Regulations
The Colorado Hazardous Waste Regulations 6 CCR 1007-3 are
being revised at this time to replace the existing version of the regulations
with a new reformatted version. The reformatted version of the regulations has
been restructured by indenting subparagraphs; adding section headers at the top
right margin of every page; correcting typographical errors that occur in the
current regulations; and repaginating the regulations. This effort was
undertaken by the Division to enhance the reader's capability to use the
regulations.
Universal Waste
These new streamlined hazardous waste management
regulations govern the collection and management of certain widely generated
wastes (batteries, pesticides and thermostats) known as universal wastes. This
final rule will greatly facilitate the environmentally-sound collection and
increase the proper recycling or treatment of hazardous waste nickel cadmium
and other batteries, certain hazardous waste pesticides, and mercury-containing
thermostats.
Colorado is not required under federal law to adopt this
Universal Waste rule. Without this rule, these universal wastes would be
regulated as hazardous wastes under RCRA. The Environmental Protection Agency,
however, allows and encourages states to adopt the universal waste rule to
provide flexibility to states to regulate specific hazardous wastes. Universal
wastes are subject to wide spread use which makes disposal of these hazardous
wastes difficult to control.
The current RCRA regulations have been a major impediment
to national collection and recycling campaigns for these wastes. This rule
should: ease the regulatory burden on retail stores and others that wish to
collect or generate these wastes; facilitate programs developed to reduce the
quantity of these wastes going to municipal solid waste landfills or
combustors; and assure that the wastes subject to this system will go to
appropriate treatment or recycling facilities pursuant to the full hazardous
waste regulatory controls. These Part 273 universal waste regulations will
serve as a prototype system to which the Department may add other similar
wastes in the future. A petition process is included in Subpart G of the Part
273 regulations through which additional wastes could be added to the universal
waste regulations in the future.
The Hazardous Waste Commission is adopting state analogs
equivalent to the regulatory requirements of EPA's May 11, 1995 final rule (60
FR 25492-25551) with one exception. The Hazardous Waste Commission is not
adopting a state analog to 40 CFR §
273.32(a)(2). This federal
provision exempts a large quantity handler of universal waste who has already
notified EPA of his/her hazardous waste management activities and has received
an EPA identification number from the requirement of having to renotify under
§ 273.32. The Department believes that the renotification requirement is
necessary for identifying the large quantity handlers who are participating in
universal waste management activities; and completing a Notification Form is an
easy way for facilities to notify the Department of their universal waste
management activities. Because Colorado is not adopting a state analog to this
federal renotification exemption of
40 CFR §
273.32(a)(2), these
amendments are more stringent than the EPA regulations.
This Basis and Purpose incorporates by reference the
preamble language for the Environmental Protection Agency regulations published
in the Federal Register at 60 FR 25492-25551, May 11, 1995.
Amendment to Change "Department" to "Commission" in
§ 260.22
Section 260.22 is being amended at this time so that
petitions from people seeking to exclude a waste at a particular generating
facility from the lists in Subpart D of Part 261 are submitted to the Hazardous
Waste Commission instead of the Department.
Statement of Basis and Purpose - Emergency Rulemaking
Hearing of November 28, 1995
Notes
6 CCR 1007-3-8.20
37
CR 24, December 25, 2014, effective 3/2/2015
38
CR 11, June 10, 2015, effective 6/30/2015
39
CR 05, March 10, 2016, effective
3/30/2016
39
CR 11, June 10, 2016, effective
6/30/2016
40
CR 06, March 25, 2017, effective
4/14/2017
40
CR 11, June 10, 2017, effective
6/30/2017
40
CR 21, November 10, 2017, effective
11/30/2017
41
CR 06, March 25, 2018, effective
4/14/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 24, December 25, 2018, effective
1/14/2019
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 06, March 25, 2019, effective
5/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
43
CR 12, June 25, 2020, effective
7/15/2020
44
CR 06, March 25, 2021, effective
4/14/2021
44
CR 11, June 10, 2021, effective
6/30/2021
44
CR 24, December 25, 2021, effective
1/14/2022
45
CR 11, June 10, 2022, effective
6/30/2022
45
CR 17, September 10, 2022, effective
9/10/2022
45
CR 17, September 10, 2022, effective
9/30/2022
45
CR 23, December 10, 2022, effective
1/30/2023
