6 CCR 1007-3-8.45 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264, 265, 268, 273 and 100 are made pursuant to the authority granted to the Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Generator Fee Amendments

In the 2000 Legislative Session, the Legislature enacted SB 00-177. This bill established some general policies for implementing the state hazardous waste control program. It also authorized imposition of annual fees for certain generators of hazardous waste, and established criteria for the Commission to consider in making future adjustments to the T/S/D facility and generator annual fees schedules, and to the document review fee schedules. Under SB 177, the T/S/D, generator, and document review fees are frozen until after June 2002.

The purpose of these amendments to part 100 is to update the fee regulations to reflect these modifications. The amendments also broaden the annual review of annual operating fees to include all fees assessed under sections 100.31 and 100.32, and require that the annual review consider the relevant criteria set forth in section 25-15-302 (3.5)(b), C.R.S.

SB 00-177 also amended section 25-15-103, C.R.S., to authorize the Department to charge its actual cost of providing compliance assistance. However, the amendment prohibits the Department from charging fees for the first two-hours of company-specific compliance assistance in any given fiscal year. The amendments to Section 103 are self-implementing and do not require any implementing regulations.

Hazardous Waste Mercury-Containing Devices

These amendments add regulations for the management of hazardous waste mercury-containing devices 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 Colorado Hazardous Waste Commission adopted state analogs to these federal requirements on October 19, 1999. The present amendments expand the scope of Colorado's Part 273 universal waste regulations by replacing the current state management standards for hazardous waste mercury-containing thermostats with state management standards for other hazardous waste mercury-containing devices. The new definition of mercury-containing devices includes mercury-containing thermostats.

The Part 273 universal waste regulations contain provisions for adding additional waste types to the universal waste system in the future. Subpart G of Part 273 describe the criteria and procedures involved in petitioning to have additional hazardous wastes added to the Part 273 universal waste regulations. This petition process enhances state flexibility by allowing states to add waste(s) to its universal waste program without requiring the waste(s) to be added at the federal level. In order for a petition to be successful, it must be demonstrated that regulation under the universal waste system is appropriate, and that the Part 273 requirements will improve waste management practices for the waste(s).

After receiving requests from industry to add other mercury-containing devices to the universal waste regulations, the Commission has proposed that management standards for mercury-containing thermostats be replaced with management standards for mercury-containing devices (which also includes mercury-containing thermostats) under the universal waste regulations of Part 273.

Evaluation of the factors outlined in Subpart G of Part 273 for adding new universal wastes supports management of waste mercury-containing devices as a universal waste.

a) Mercury-containing devices frequently exhibit one or more characteristics of hazardous waste.
b) Waste mercury-containing devices are not exclusively generated by any specific industry or group of industries. Waste mercury-containing devices are commonly generated by a wide variety of types of generators including households, medical clinics, hospitals, the electronics industry, conditionally exempt small quantity generators, small businesses, pipeline monitoring companies, and other industrial operations. Waste mercury-containing devices generated by regulated hazardous waste generators are fully regulated as hazardous waste, whereas waste mercury-containing devices generated by exempt households are not subject to RCRA Subtitle C controls.
c) Waste mercury-containing devices are commonly generated by a large number of generators, and are frequently generated in relatively small quantities by each generator. The use of mercury-containing devices is pervasive throughout several industrial sectors.
d) Requirements for the collection of waste mercury-containing devices have been developed to ensure close stewardship of the waste and prevent releases of any universal waste or component of universal waste to the environment. Specific universal waste mercury-containing device management conditions that have been added include:
1) requiring handlers of universal waste mercury-containing devices to immediately contain any universal waste mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a separate individual container that is closed, sound, and compatible with the mercury-containing device; and
2) requiring that any universal waste mercury-containing device and/or any container in which the universal waste mercury-containing device are contained or accumulated to be properly labeled or marked to identify the types of universal waste being managed.
e) Specific waste management regulations for waste mercury-containing devices have been added at § § 273.13(c) and 273.33(c) to ensure that management of these waste is conducted in a manner that is protective of human health and the environment. Specific universal waste mercury-containing device management conditions that have been added include:
1) requiring handlers to ensure that incompatible wastes are separated and managed appropriately;
2) requiring a written procedure to be developed if the handler will be removing elemental mercury from open-ended mercury-containing devices to ensure proper and safe removal practices and
3) requiring that any universal waste mercury-containing device, and/or any container in which universal waste mercury-containing device are contained or accumulated, are properly labeled or marked to identify the type of universal waste being managed.
f) The Commission believes that simplifying and streamlining the requirements associated with collection and handling of waste mercury-containing devices will, divert these wastes from their disposal in municipal waste systems and channel them into proper recycling and management activities, subsequently encouraging the development of more efficient and effective collection systems. Such collection systems will, in turn, facilitate collection of not only the regulated portion of the waste stream, but also the unregulated portion of the waste stream.
g) The Commission believes simplifying the standards for management of mercury-containing devices by regulating them as universal waste under the Part 273 universal waste regulations will improve implementation of and compliance with the hazardous waste regulatory program while providing adequate protection of human health and the environment.

The requirements as proposed would offer a conditional exemption from the current Subtitle C hazardous waste requirement for universal waste mercury-containing devices. Compliance with the reduced set of Part 273 requirements would be an option that waste handlers may voluntarily choose. Operating under the Part 273 regulations would not be compulsory. If universal waste handlers wish, they may instead continue to manage their hazardous waste mercury-containing devices under the full RCRA Subtitle C regulations. If they do elect to follow the reduced Part 273 requirements, they would be subject to a number of conditions designed to provide adequate protection of human health and the environment.

Both small and large quantity handlers must follow specific requirements when handling universal waste mercury-containing devices, including specific packaging standards to prevent breakage of waste mercury-containing devices during accumulation, storage, and transport. In addition, these amendments require that waste mercury-containing devices be managed in a way that prevents releases of mercury or other hazardous constituents to the environment during accumulation, storage, and transport.

In adopting state universal waste standards for waste mercury-containing devices, the Commission is also adding standards to allow generators of such mercury-containing devices to remove mercury-containing ampules from the devices as was allowed with mercury-containing thermostats, and remove elemental mercury from open-ended mercury-containing devices on-site before sending it off-site for recycling, treatment or disposal. With the adoption of the universal waste management standards for hazardous waste mercury-containing devices, universal waste handlers will be able to remove the mercury ampules or remove elemental mercury from open-ended mercury-containing devices in accordance with the requirements outlined in § § 273.13(c) and 273.33(c) of the Part 273 universal waste regulations. A hazardous waste determination must still be made on the remaining mercury-containing device units and filters prior to disposal or recycling. The Commission believes that the removal of mercury-containing ampules and elemental mercury from open-ended mercury-containing devices 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(c) and 273.33(c), handlers who remove elemental mercury from open-ended waste mercury-containing devices are required to ensure that the universal waste mercury-containing devices are drained only over or in a containment device that is designed to prevent the release of any universal waste or component of universal waste to the environment. The universal waste handler must also ensure that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste mercury-containing devices. This procedure must include: the type of equipment to be used to drain the universal waste mercury-containing devices safely; operation and maintenance of the equipment; segregation of incompatible wastes; proper waste management practices; and waste characterization.

Handlers of universal waste who drain waste mercury-containing devices, 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 draining of universal waste mercury-containing devices may also require the use of control devices to capture airborne contamination.

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

180-Day Accumulation Time under RCRA for Waste Water Treatment Sludges from the Metal Finishing Industry

These amendments allow large quantity generators of F006 waste (sludges from the treatment of electroplating wastewaters) up to 180 days (or up to 270 days, if applicable) to accumulate F006 waste without a hazardous waste storage permit or interim status, provided that the generator:

1) recycles the F006 waste by metals recovery,
2) accumulates no more than 20,000 kilograms of F006 waste on-site at any one time,
3) implements pollution prevention practices that reduce the volume or toxicity of the F006 waste or that make it more amendable for metals recovery, and
4) complies with the applicable management standards in the rule (See § 262.34(g)-(i)).

These amendments provide state equivalency with the federal rule that was published in the Federal Register on March 8, 2000 [65 FR 12378-12398]. These amendments are considered less stringent than the existing state regulations because it allows more than the existing 90 days of accumulation time that is in the existing regulations. Colorado is, therefore, not required to adopt state analogs to these requirements. The Department believes that the 180-day accumulation time will minimize economic barriers to recycling of F006 through metals recovery, thus providing generators of F006 waste with an incentive to choose metals recovery over treatment and land disposal of their waste management option for F006 waste.

This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations that were published in the Federal Register at 65 FR 12378-12398, March 8, 2000.

Statement of Basis and Purpose - Rulemaking Hearing of June 19, 2001

Notes

6 CCR 1007-3-8.45
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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