6 CCR 1007-3-8.20 - Basis and Purpose

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

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