These amendments to 6 CCR 1007-3, Parts 260, 261, 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.
Addition of Electronic Devices and Electronic
Components to the Part 273 Universal Waste Regulations
At the October 17, 1995 Hazardous Waste Commission Hearing,
the Commission adopted regulations governing the collection and management of
certain widely generated wastes, known as "universal wastes". The Part 273
universal waste regulations currently address the management of waste batteries
(i.e., nickel cadmium), certain waste pesticides, waste mercury-containing
devices, aerosol cans containing hazardous waste, and mercury-containing lamps.
The Part 273 universal waste regulations provide a conditional exemption from
full Subtitle C regulation for certain universal wastes, while still ensuring
that management of these wastes is conducted in a manner that is protective of
human health and the environment. The Part 273 regulations reduce the
management requirements for generators, consolidation points (small and large
quantity handlers of universal waste), and transporters. By relaxing the
standards, collection of universal waste is simplified, thereby encouraging 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 disposed of, as many currently are, in municipal solid
waste landfills and incinerators.
The Part 273 universal waste regulations also contain
provisions for adding additional waste types to the universal waste system in
the future. Subpart G of Part 273 describes 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).
These amendments expand the scope of Colorado's current
Part 273 universal waste regulations by adding state management standards for
hazardous waste electronic devices, such as color monitors and color
televisions, and certain electronic components in central processing units
(CPUs), printers, mainframes or other equipment with complex circuitry. The
proposed regulations are less stringent than the current state program, and
Colorado is not required to adopt 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 electronic devices and components.
Color monitors, color televisions, CPUs and other
electronic devices have printed circuit boards or other complex circuitry that
contain heavy metals such as silver, chromium, and lead that likely exceed the
toxicity characteristics for these constituents. Some older CPUs contain
mercury switches, and many kinds of electronic devices contain batteries
including nickel-cadmium or sealed lead acid. In addition, the most recent data
available to the Department demonstrates that waste cathode ray tubes (CRTs)
from color monitors and color televisions consistently exceed the regulatory
limit for lead when tested using the toxicity characteristic leaching procedure
(TCLP). Due to their notable weight and size, CRTs comprise a significant
portion of the overall monitor or television and will cause the entire unit to
be considered hazardous waste. If a non-residential waste color monitor or
color television has not been tested to show that it is not hazardous, or if
the generator doesn't have other supporting data such as manufacturer's
information to show otherwise, then the generator should assume a color monitor
or color television destined for disposal is hazardous and manage it as
hazardous waste. Colorado regulations prohibit non-residential sources from
disposing of hazardous wastes in solid waste landfills. CRTs associated with
monochrome monitors and black & white televisions do not tend to fail the
toxicity test for lead and are generally not considered hazardous waste. These
may be managed as solid waste.
Generally, color monitors, color televisions, or other
electronic devices destined for recycling are not considered wastes, but are
considered useable and useful equipment. Typically, the decision on whether a
piece of electronic equipment is a waste or not is made by the recycler. The
recycler determines whether the unit can be resold, donated, or otherwise
repaired or refurbished as a useable item. The recycler may also dismantle the
equipment to directly reuse or sell parts from the equipment and it is not
until the recycler determines that the equipment or disassembled components are
no longer useable that a waste is generated. In this case, the recycler is
considered to be the generator of the waste and is responsible for proper waste
management. Businesses, academic institutions, and government agencies that
send their color monitors, color televisions, or other electronic devices to a
recycler are not considered hazardous waste generators for those
materials.
With the exception of color monitors and televisions, many
waste electronic devices, if left intact, probably do not fail the toxicity
test for heavy metals. Individual components that have been removed from the
disassembled devices may fail the toxicity test. The regulatory status of each
device or component will depend on how each item is disposed or
recycled.
Evaluation of the factors outlined in Subpart G of Part 273
for adding new universal wastes supports management of waste electronic devices
and components as a universal waste.
a) Many used electronic devices and
electronic components exhibit one or more characteristics of hazardous waste,
frequently failing the toxicity test for heavy metals. Typical wastes include
computer monitors, circuit boards and batteries removed from central processing
units (CPUs), televisions, mainframes, and other related devices.
b) Waste electronic devices are not
exclusively generated by any specific industry or group of industries. Waste
electronic devices are commonly generated by a wide variety of types of
generators, including households, retail and commercial businesses, office
complexes, conditionally exempt small quantity generators, small businesses,
government organizations, as well as major industrial operations. Currently, if
an electronic device or its disassembled components are hazardous waste, they
must be managed under the full RCRA Subtitle C regulation; whereas waste
electronic devices generated by exempt households are not subject to RCRA
Subtitle C controls.
c) Waste
electronic devices are commonly generated by a large number of generators, and
are frequently generated in relatively small quantities by each generator. The
use of electronic devices is pervasive throughout all levels of
industry.
d) Specific universal
waste electronic device and electronic component
management conditions that
have been added include:
1) requiring
handlers of universal waste electronic devices and electronic components to
immediately contain any universal waste electronic device or electronic
component that shows evidence of damage that could cause leakage under
reasonably foreseeable conditions in a separate individual container that is
sound and compatible with the contents of the universal waste electronic device
or electronic component; and
2)
requiring that any universal waste electronic device or electronic component,
and/or any container in which the universal waste electronic device or
electronic component are contained or accumulated, are properly labeled or
marked to identify the type of universal waste being managed.
e) Waste electronic devices and
electronic components pose a relatively low level of risk during accumulation
and transport in comparison to other hazardous wastes, and specific
waste
management regulations for
waste electronic devices and electronic components
have been added in §
§ 273.13(f)and 273.33(f) to ensure that
management of these wastes is conducted in a manner that is protective of human
health and the environment. Both small and large quantity handlers must follow
specific requirements when handling universal
waste electronic devices and
electronic components, including:
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 disassembling
universal waste electronic devices to ensure proper and safe management of
materials and equipment; and
3)
requiring that the universal waste handler maintain a system (i.e., signs or
written records, etc.) to ensure compliance with the written management
procedures.
f) The
Colorado Department of Public Health and Environment believes that simplifying
and streamlining the requirements associated with collection and handling of
waste electronic devices and electronic components 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 Colorado Department of Public Health
and Environment believes simplifying the standards for management of electronic
devices and electronic components 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 proposed today would offer a conditional
exemption from the current Subtitle C hazardous waste requirements for
universal waste electronic devices and electronic components. 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 electronic devices and electronic components 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.
Included in the waste management standards of §
§
273.13 and 273.33 are requirements for handlers who choose to disassemble
electronic devices into separate components or subassemblies as part of their
universal waste management activities. As part of the device management
standards of §
§ 273.13(f) and 273.33(f), handlers who disassemble
electronic devices are required to: ensure that the universal waste devices are
disassembled in a manner designed to prevent the release of any universal waste
or component of universal waste to the environment; ensure that the disassembly
operations are performed safely by developing and implementing a written
procedure detailing how to safely disassemble each universal waste electronic
device managed at the facility; ensure that necessary equipment is readily
available to immediately clean up releases which may occur during disassembly
operations; immediately segregate and containerize the separated components;
maintain a system (i.e., signs or written records, etc.) to ensure compliance
with the written management procedures; and ensure that employees are
thoroughly familiar with the procedures for disassembling electronic devices,
proper waste handling and emergency procedures. The Department believes that
the disassembling of waste electronic devices under specific controlled
standards will ensure protection of human health and the environment, and
provide equivalence with the federal regulations.
Handlers of universal waste who disassemble electronic
devices into components, or who generate other solid waste as a result of such
activities must determine whether the separated components and/or other solid
wastes exhibit a characteristic of hazardous waste. If the separated electronic
components or other solid wastes generated exhibit a characteristic of
hazardous waste, they 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. Alternatively, separated electronic
components generated may continue to be managed as universal wastes under Part
273. If the separated electronic components do not exhibit a characteristic of
hazardous waste, they are not subject to the hazardous waste requirements, nor
are they subject to the requirements of Part 273. This waste is, however,
required to be handled in compliance with applicable federal, state, and local
solid waste regulations.
Labeling and Marking requirements for universal waste
electronic devices and electronic components are also being added at this time.
Under §
§ 273.14 and 273.34, a universal handler managing waste
electronic devices and electronic components at his/her facility is required to
label each individual electronic device or electronic component, or the
container in which the devices or components are contained or accumulated, with
the words "Universal Waste-Electronic Device(s)," "Universal Waste -Electronic
Component(s)", "Used Electronic Device(s)," "Used Electronic Component(s),"
"Waste Electronic Device(s)," or "Waste-Electronic Component(s)". The name of
the electronic device or electronic component may be substituted for the words
"electronic device" or "electronic component."
This rule is an example of the Colorado Department of
Public Health and Environment's effort to reduce regulatory burdens on affected
parties without compromising environmental protection. Relaxing the standards
for handlers of universal waste should simplify the collection of these
universal wastes and encourage the establishment of collection and recycling
programs. Increasing the availability of environmentally-sound collection and
recycling programs should subsequently strengthen environmental protection of
human health and the environment by encouraging that these universal wastes be
treated or recycled in facilities subject to the full hazardous waste
regulations rather than disposed of in municipal solid waste landfills and
incinerators.
Amendment of §
§ 268.2(h) and
268.9(d)(2)(i)
Sections 268.2 and 268.9 are being amended at this time by
revising paragraphs 268.2(h) and 268.9(d)(2)(i). These amendments were part of
the Environmental Protection Agency's "Land Disposal Restrictions (LDR) Phase
IV - Technical Corrections" final rule that was published in the Federal
Register on May 11, 1999 (64 FR 25408-25417), but were inadvertently omitted
from the revisions adopted by the Hazardous Waste Commission at its September
21, 1999 hearing. These amendments provide state equivalency with the federal
regulatory requirements of 40 CFR §
268.2(h) and
40 CFR §
268.9(d)(2)(i).
Amendment of § 100.27(c)(6)
Section 100.27 is being amended at this time by revising
paragraph (c)(6). These amendments were part of the Environmental Protection
Agency's "HWIR-Media" final rule that was published in the Federal Register on
November 30, 1998 (63 FR 65874-65947), but were inadvertently omitted from the
revisions adopted by the Hazardous Waste Commission at its November 16, 1999
hearing. These amendments provide state equivalency with the regulatory
requirements of 40 CFR
§
270.155.
40 CFR § 270.55 states that the notice the Director
provides regarding an appeal of a RAP should include a statement that any
interested person may file an amicus brief, and the briefing schedule. The
proposed state rule does not include these statements, because under state law,
the permit decision is appealed directly to court. Matters such as filing of
amicus briefs and establishing briefing schedules are determined by the court
under the rules of civil procedure. To assist persons who may wish to file
amicus briefs, the Director will publish notice of the case name and number.
For similar reasons, the state rule omits a state analog to
40 CFR §
270.155(b).
Section 100.514 of the state regulations is also being
amended at this time to remind persons wishing to appeal RAP or other permit
decisions that the appeal process is governed by the regulations and section
25-15-305, C.R.S., as well as by
section 24-4-106, C.R.S.
Correction of Typographical Errors and Inadvertent
Omissions
Section 268.49(c)(1)(i) and the F037 listing in the table
at § 261.31(a) are also being revised at this time to correct
typographical errors.
Statement of Basis and Purpose - Rulemaking Hearing
of June 19, 2001
Notes
6 CCR 1007-3-8.46
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
