6 CCR 1007-3-8.41 - Basis and Purpose

These amendments to 6 CCR 1007-3. Parts 260, 261, 264, 265, 267, 268, 273 and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Hazardous Waste Lamps

These amendments add regulations for the management of hazardous waste lamps, specifically mercury-containing lamps, under the Part 273 Universal Waste Management Standards. The universal waste management standards consist of streamlined regulations designed to address the management of certain widely generated hazardous wastes, known as "universal wastes".

The original federal Part 273 Universal Waste Regulations were published in a May 11, 1995 final rule (60 FR 25492-25551) and addressed the management of waste batteries, certain waste pesticides, and waste mercury-containing thermostats. The Colorado Hazardous Waste Commission adopted state analogs to these federal-requirements on October 17, 1995. On January 16, 1996, the Commission adopted state regulations adding standards for the collection and management of waste aerosol cans under the Part 273 universal waste regulations. On July 6, 1999, EPA issued a final rule adding hazardous waste lamps to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA). The present amendments expand the scope of Colorado's current Part 273 universal waste regulations by adding state management standards for hazardous waste lamps.

The existing federal regulations for managing hazardous waste lamps under the Part 273 universal waste standards are less stringent than the current state program, and Colorado is not required to adopt state analogs to these less stringent provisions. These amendments, in conformity with the existing federal Part 273 universal waste regulations allow for modified standards for storing, transporting, and collecting hazardous waste lamps.

Spent lamps are often hazardous because they exhibit the characteristic of toxicity by exceeding the regulatory level for mercury or another constituent (most frequently lead). Currently, if a mercury or lead-containing lamp is a hazardous waste, it must be managed under the full RCRA Subtitle C regulation. The Commission believes that regulating hazardous waste lamps under the universal waste program will lead to better management of these lamps and will facilitate compliance with hazardous waste requirements The streamlined requirements of the universal waste program should also encourage the establishment of and participation in environmentally-sound collection and recycling programs by generators and handlers of universal wastes. Increasing the availability of these collection and recycling programs will subsequently strengthen environmental protection by encouraging that these universal wastes are treated or recycled in facilities subject to the full hazardous waste regulations rather than illegally disposed of, as many currently are, in municipal solid waste landfills.

These amendments add subsections to § § 273.13 and 273.33 of the existing universal waste rule to specifically address the management requirements for handling hazardous waste lamps. New § 273.13(e) includes lamp handling requirements for small quantity handlers of universal lamps, and new § 273.33(e) provides lamp handling requirements for large quantity handlers of universal waste lamps. Both small and large quantity handlers must follow specific requirements when handling universal waste lamps, including specific packaging standards to prevent breakage of waste lamps during accumulation, storage, and transport. In addition, these amendments require that spent lamps be managed in a way that prevents releases of mercury or other hazardous constituents to the environment during accumulation, storage, and transport.

Specific universal waste lamp management standards that are being added at this time include:

1) requiring handlers of universal waste lamps to immediately clean up and place in a container any lamp that is broken, or that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment;
2) requiring that the containers or packages used to accumulate hazardous waste lamps are closed, structurally sound, adequate to prevent breakage, compatible with the contents of the lamps, and lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment; and
3) requiring that any universal, waste lamp, and/or any container in which universal waste lamp(s) are contained or accumulated, are properly labeled or marked to identify the type of universal waste being managed.

In adopting state universal waste standards for waste lamps, the Commission is also adding standards to allow generators of such lamps to crush them on-site before sending them off-site for treatment or disposal. The Department considers the physical activity of crushing lamps to meet the definition of "treatment" as defined in § 260.10 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3). The Department allows the treatment of hazardous waste in accumulation tanks or containers if the treatment meets the requirements of a permit-by-rule described in § 100.21(d) of the regulations, which establishes the conditions for such treatment. With the adoption of the universal waste management standards for hazardous waste lamps, universal waste handlers will be able to crush their waste lamps in accordance with the. requirements outlined in § § 273.13(e) and 273.33(e) of the Part 273 universal waste regulations. A hazardous waste determination must still be made on both the crushed material and filter prior to disposal or recycling. The federal universal waste rule contains the treatment prohibition for universal waste handlers, and prohibits universal waste handlers from crushing universal wastes lamps. The Commission believes that the crushing of lamps under specific controlled standards will ensure protection of human health and the environment, and provide equivalence with the federal regulations.

As part of the waste management standards of § § 273.13(e) and 273.33(e), handlers who crush waste lamps are required to ensure that the universal waste lamps are crushed in a completely enclosed system that is designed to prevent the release of any universal waste or component of universal waste to the environment (e.g., a sealed tank or container that is equipped with a filter to capture mercury emissions). The universal waste handler must also ensure that the crushing operations are performed safely by developing and implementing a written procedure detailing how to safely crush the universal waste lamps. This procedure must include: the type of equipment to be used to crush the universal waste lamps safely; operation and maintenance of the unit; segregation of incompatible wastes; proper waste management practices; and waste characterization.

Handlers of universal waste who crush waste lamps, or who generate other solid waste as a result of such activity are required to determine whether the residues and/or other solid waste are a listed hazardous waste, or if they exhibit a characteristic of hazardous waste. If the generated waste is a listed hazardous waste. or exhibits a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of the Colorado Hazardous Waste Regulations 6 CCR 1007-3. If the generated waste is not a listed hazardous waste, or does not exhibit a characteristic of hazardous waste, it is not subject to the hazardous waste requirements, nor is it subject to the requirements of Part 273. This waste is, however, required to be handled in compliance with applicable federal, state, or local solid waste regulations. The crushing of universal waste lamps may also require filing an Air Pollution Emission Notice (APEN), and the use of control devices to capture airborne contamination.

Labeling and Marking requirements for universal waste lamps are also being added at this time. Under § § 273.14 and 273.34, a universal waste handler managing waste lamps at his/her facility is required to label each individual lamp or container or package in which such lamps are contained or accumulated, with the words "Universal Waste - Lamp(s)", or "Waste Lamp(s)", or "Used Lamp(s)."

Under the notification requirements of § 273.32, large quantity handlers of universal waste lamps accumulating more than 5,000 kg of universal waste at one time are required to notify the Department of their universal waste management activities. Unlike the federal renotification exemption provision of 40 CFR § 273.32(a)(2), a large quantity handler of universal waste in Colorado who has already notified the Department of its hazardous waste management activities and has received an EPA Identification Number, is still required to renotify the Department. The Commission believes that this renotification requirement is necessary for identifying the large quantity handlers who are participating in universal waste management activities in Colorado; and completing a Notification Form is an easy way for the facilities to notify the Department. Because Colorado is not adopting a state analog to the federal renotification exemption of 40 CFR § 273.32(a)(2) this provision is more stringent than the federal regulations.

The Commission believes that regulating spent hazardous waste lamps as universal waste under the Part 273 Universal Waste Standards will lead to better management of these lamps and will facilitate compliance with the hazardous waste requirements, while still ensuring that management of these wastes is conducted in a manner that is protective of human health and the environment.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 64 FR 36466-36490, July 6, 1999.

Universal Waste Rule: Modification of the Hazardous Waste Recycling Regulatory Program

These amendments correct certain regulatory provisions that apply to regenerating and storing lead-acid batteries. The lead-acid battery provisions and the provisions for battery regeneration were mistakenly changed, deleted or incorrectly worded in the final Universal Waste Rule of May 11, 1995 (60 FR 25492). State analogs to these federal regulations were adopted by the Hazardous Waste Commission on October 17, 1995.

The amendments being adopted at this time include:

1) Revising paragraph (a) of § 267.80 to clarify the lead-acid battery regeneration exemption;
2) Revising paragraph (b) of § 267.80 to clarify that lead-acid batteries that are stored before reclamation other than regeneration must be managed in accordance with the lead-acid battery storage requirements;
3) Reinserting the spent lead acid battery storage requirements into § 267.80(b); and
4) Correcting the definition of small quantity universal waste handler found in the regulatory text of § 273.9.

Section 267.80 has also been rewritten and reorganized in an effort to make the requirements for lead-acid batteries that are to be reclaimed clearer and easier to use. Although the format of § 267.80 has been changed, no new regulatory requirements are created by these amendments.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 63 FR 71225-71230, December 24, 1998.

Revision of § 100.64(a)(3)

Paragraph (a)(3) of § 100.64 is being amended at this time to reinsert language that previously existed in the paragraph but was inadvertently omitted. This amendment provides state equivalency with the regulatory language of 40 CFR § 270.43(a)(3).

Statement of Basis and Purpose - Rulemaking Hearing of November 16, 1999

Notes

6 CCR 1007-3-8.41
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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