6 CCR 1007-3-8.50 - Basis and Purpose

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