These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 264,
265, 268 and 100 are made pursuant to the authority granted to the Hazardous
Waste Commission in §
25-15-302(2),
C.R.S.
Amendments to Hazardous Waste Fees
After three years under the present hazardous waste fee
structure, the Department has determined that an increase in fees is necessary
beginning in State Fiscal Year 2004, which begins on July 1, 2003. Legislation
passed by the General Assembly in 2000 (SB 00-177) provided some general
directives for implementation of the hazardous waste regulatory program,
including guidance for future fee adjustments by the Hazardous Waste
Commission.
The Department is authorized by U.S. EPA to operate the
hazardous waste regulatory program in Colorado in lieu of the federal
government. One of the key criteria evaluated by U.S. EPA in authorizing the
state program is resources, both in terms of funding and in terms of qualified
personnel. Without an increase in fee revenues, the Department has determined
that it will not be able to operate an adequate program beginning in State
Fiscal Year 2004.
The purpose of these amendments is to implement a balanced
increase in hazardous waste program fees that the Department expects to provide
adequate funding for the hazardous waste program for a period of approximately
three years. This fee structure is expected to result in annual fees from TSD
facilities that are approximately 29% of the Department's costs associated with
TSD facilities, which complies with the 30% limit established by SB 00-177.
Also, the annual fees from generator facilities is expected to be approximately
48% of the Department's costs associated with generators, which complies with
the 50% limit established by SB 00-177. The adjusted fees are expected to
increase the revenue from fees to the hazardous waste program by approximately
29% in state fiscal year 2004. When the funding provided by U.S. EPA is
considered, the fee changes are expected to increase funds available to operate
the hazardous waste program by approximately 16%.
In addition, these amendments incorporate the generator
fees that were established by SB 00-177 into regulation.
The amendments being adopted at this time include the
following:
a)
Amendment of
Part 260: Section 260.10 of Part 260 is being amended to add
definitions of "Conditionally Exempt Small Quantity Generator" and "Large
Quantity Generator", and to amend the definition of "Small Quantity
Generator."
b)
Amendment of Part 262: Part 262 is being amended to
add a new section 262.13, which identifies the annual fees that generators are
required to pay. The current generator annual fees established at
25-15-302 (3.5), C.R.S. of $300
for an SQG and $1900 for an LQG are being increased by 30% to $390 and $2,470
respectively.
c)
Amendment of Part 100: Part 100 is being amended to:
1) Increase TSD operating fee rates by 14 to
17%. (§ 100.31 Table)
2)
Increase TSD operating minimum and maximum fees by 100%. (§ 100.31(b) and
§ 100.31 Table)
3) Change TSD
post-closure fee from $2,500 per acre to $4,000 per unit (§ 100.31
Table)
4) TSD post-closure fee
minimum is no longer relevant. Maximum fee increased by 20% to $12,000.
(§100.31(b))
5) Create new
annual fees for operation and post-closure of corrective action management
units. (§ 100.31 Table)
6)
Create new annual fee for facilities that utilize environmental use
restrictions as a basis for corrective action decisions. This new fee is for
those areas at a facility that are not already subject to post-closure fees.
(§ 100.31 Table)
7) Increase
the document review and activity fee by 15%, from $100 to $115. (§
100.32(b))
8) Increase the ceiling
fee for Class I permit modifications from $1,000 to $2,000. (§
100.32(c)(1))
9) Reference a new
section 262.13, which identifies the annual fees that generators are required
to pay. (§ 100.31(a)(3))
Correction of Typographical Errors and Inadvertent
Omissions
These amendments correct typographical errors and
inadvertent omissions that exist in Parts 261, 264, 265, 268 and 100 of the
current regulations.
Statement of Basis and Purpose - Rulemaking Hearing
of June 17, 2003
Notes
6 CCR 1007-3-8.50
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
