6 CCR 1007-3-8.46 - Basis and Purpose

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

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