These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263,
264, 265, 279, 100 and 6 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 2007, which begins on July 1, 2006. 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 2007.
The purpose of these amendments is to implement a balanced
increase in hazardous waste program fees that the Department expects will
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 recoup approximately 29.7% 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 recoup approximately 49.7% 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 2007. 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 14%.
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)
General: Numerous non-substantive clarifications and
corrections are being incorporated into Parts 261, 262, and Part 100.
Substantive changes are explained in more detail below.
b)
Amendment of Part
261: Section 261.5 of Part 261 is being amended to clarify that
the Conditionally Exempt Small Quantity Generators (CESQGs) that are newly
required to pay fees (see below for section 262.13) are also subject to the
notification requirements of Part 99 (but not the notification fee being added
to Section 100.33, explained below). These amendments are more stringent than
the federal regulations, which do not require conditionally exempt generators
to notify. The Commission has evaluated the information presented at the
rulemaking hearing, as well as the information in the Statement of Basis and
Purpose. The Commission considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect public health and the environment.
c)
Amendment of Part
262: Section 262.13 of Part 262 is being amended to:
1) Add a fee for CESQGs that generate certain
waste codes. These
waste codes (F001, F002, F005, and F005) represent the
halogenated and non-halogenated solvents that are very high-priority wastes for
the Division for several reasons:
a) they are
very common contaminants at our clean-up sites and are very mobile in the
environment - they can quickly degrade large volumes of ground water;
b) many are Class A carcinogens and
are dangerous to human health; and
c) they are commonly generated by business
sectors that have poor compliance records. This fee is justified because of the
increasing amount of time Division staff is investing in overseeing clean up of
these wastes and ensuring compliant management of them at CESQGs;
2) Raise the fees for Small
Quantity Generators (SQGs) from $390/year to $480/year; and
3) Raise the fees for Large Quantity
Generators (LQGs) from $2,470/year to $3,050/year.
d)
Amendment of Part
100.3:
1) Section 100.31(b)(1) is
being amended to clarify that operating fees defined by
waste volume will apply
to all types of
waste being treated or disposed at a
facility in permitted
hazardous waste management units. The full volume fee will apply to all
hazardous wastes being treated or disposed at facilities in
hazardous waste
management units. A lesser fee ($5.00/ton) will apply to all non-hazardous
wastes being treated or disposed in these units at only
Class I facilities,
except that no volume fee will apply to radioactive materials regulated by a
radioactive materials
license issued by the
Department.
The Department is making this change because of changes
beginning to occur in the waste management industry where, in order to remain
competitive, facilities are expanding the types of services they provide
specifically to non-hazardous waste clients. Unfortunately, at treatment and
disposal facilities, the complexity of the operations and the level of
oversight required by Department staff does not decrease when the facility
manages non-hazardous waste. In fact, these facilities are busier processing
more waste and our level of oversight increases as overall waste volume
increases. It is important to note that most of the non-hazardous wastes
handled by these facilities is relatively toxic and the generators are using
these higher-cost facilities because of the risk and liability protection they
provide.
The amendments are carefully designed such that the volume
fee would not apply to storage of non-hazardous wastes at these
facilities.
2) Section
100.31(b)(5) is being amended to clarify that up to five Solid Waste Management
Units (SWMUs) can be included in one Environmental Covenant without increasing
the $1,000/year fee.
3) The Annual
Fee Table at the end of Section 100.31 is being amended to include an overall
35% increase in TSD fees. This applies to both the volume fees and the minimum
fees for all classes of facilities.
4) The Annual Fee Table at the end of Section
100.31 is also being amended to include a 25% increase in Post-Closure fees,
from $4,000/year/unit to $5,000/year/unit.
5) Section 100.32(a) is being amended to
clarify that document review and activity fees will apply to Corrective Action
Plans, Remedial Action Plans, and Environmental Covenants. All three of these
document types are now extensively utilized by regulated entities and all are
relatively new.
6) Section
100.32(b) is being amended to change the hourly rate for the document review
and
activity fee from $115/hour to $135/hour. The
Department believes this
increase is justified for three reasons:
a. It
is a "loaded" fee that recoups the cost of not only the technical staff
performing the review, but also the proportional cost of direct management,
direct administrative support, and direct IT support. It does not extend to
Departmental overhead;
b. The
Division has documented that the "loaded" cost is actually $136/hour for 2005,
slightly more than the proposed $135/hour; and
c. The document review and activity fee was
originally implemented in 1991 at a "loaded" rate of $85/hour. Inflating
$85/hour through 2005 results in $139/hour, again slightly more than the
proposed $135/hour.
7)
The Document Review and Activity Fee Table at the end of Section 100.32 is
being amended by increasing the ceiling fees for Class III facilities from
$17,000 to $30,000 for the first unit and from $8,500 to $15,000 for every unit
thereafter. The reason for this proposed change is that Class III facilities
include storage facilities and some of the storage permits in Colorado are
fairly lengthy and sophisticated. As these permits come up for renewal, it has
been very difficult for Department staff to stay within the old ceiling fees
and deliver a quality product.
8)
Section 100.33 is being added to the regulations. This section creates a new
$100 onetime fee for certain types of
hazardous waste notifications:
a. Notifications where a facility is lowering
its generator status; and
b. New
notifications for SQGs and LQGs, but not for CESQGs.
This fee is intended to be a cost recovery fee for
Department staff time spent processing the new or revised notifications. It is
similar to processing fees charged by other Departmental programs.
Uniform Hazardous Waste Manifest Rule
These amendments revise Parts 260, 261, 262, 263, 264 and
265 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to correspond to
the federal amendments to the Uniform Hazardous Waste Manifest regulations
promulgated by the Environmental Protection Agency (EPA) and published in the
Federal Register on March 4, 2005 (70 FR 10776-10825), and as amended on June
16, 2005 (70 FR 35034-35041).
These amendments provide state equivalency with the federal
provisions that revised the Uniform Hazardous Waste Manifest regulations and
the manifest and continuation sheet forms used to track hazardous waste from a
generator's site to the site of its disposition. These revisions standardize
the content and appearance of the manifest form (EPA Form 8700-22) and
continuation sheet (EPA Form 8700-22A). These amendments also make these forms
available from a greater number of sources and adopt new procedures for
tracking certain types of waste shipments with the manifest. These shipments
include hazardous wastes that destination facilities reject, waste consisting
of residues from non-empty hazardous waste containers, and wastes entering or
leaving the United States.
The revisions to the federal manifest requirements lie
under joint RCRA and US Department of Transportation Hazmat authority. Hazmat
law requires consistency in hazardous materials shipping papers, such as
manifests. Consequently, States are required to adopt state analogs to the
revised manifest form and associated requirements of the federal rule,
regardless of whether the Federal changes could be considered more or less
stringent than the existing requirements. The Federal rule will be implemented
uniformly on the delayed compliance date of September 5, 2006, regardless of
the RCRA State authorization status of individual States. During this
transition period, the existing manifest forms and requirements will continue
to be implemented.
This Basis and Purpose incorporates by reference the
preamble language for the Environmental Protection Agency regulations that were
published in the Federal Register at 70 FR 10776-10825, March 4, 2005, and as
amended at 70 FR 35034-35041, June 16, 2005.
Nonwastewaters from Dyes and Pigments
These amendments add hazardous nonwastewaters generated
from the production of certain dyes, pigments, and food, drug and cosmetic
colorants to the list of RCRA hazardous wastes from specific sources in 6 CCR
1007-3, § 261.32, with the hazardous waste code number K181.
The K181 listing establishes annual mass loading levels for
seven constituents of concern (aniline, o-anisidine, 4-chloroaniline,
p-cresidine, 2,4-dimethylaniline, 1,2-phenylenediamine, and
1,3-phenylenediamine). Wastes that exceed the limits must be regulated as
hazardous waste, unless they are disposed in certain landfills or treated by
certain combustion units. These amendments also establish land disposal
restrictions (LDR) standards for the newly listed waste.
The amendments being adopted at this time include:
1) Revising the table at § 261.32 to add
the K181 listing:
K181 - Nonwastewaters from the production of dyes and/or
pigments (including nonwastewaters commingled at the point of generation with
nonwastewaters from other processes) that, at the point of generation, contain
mass loadings of any of the constituents identified in paragraph (c) of this
section that are equal to or greater than the corresponding paragraph (c)
levels, as determined on a calendar year basis. These wastes will not be
hazardous if the nonwastewaters are:
(i) disposed in a Subtitle D landfill unit
subject to the design criteria in § 258.40,
(ii) disposed in a Subtitle C landfill unit
subject to either § 264.301 or § 265.301,
(iii) disposed in other Subtitle D landfill
units that meet the design criteria in § 258.40, § 264.301, or §
265.301, or
(iv) treated in a
combustion unit that is permitted under Subtitle C, or an onsite combustion
unit that is permitted under the Clean Air Act. For the purposes of this
listing, dyes and/or pigments production is defined in paragraph (b)(1) of this
section. Paragraph (d) of this section describes the process for demonstrating
that a facility's nonwastewaters are not K181. This listing does not apply to
wastes that are otherwise identified as hazardous under §
§
261.21-261.24 and 261.31-261.33 at the point of generation. Also, the listing
does not apply to wastes generated before any annual mass loading limit is
met.
2) Adding specific
definitions for the K181 listing at § 261.32(b) of the
regulations;
3) Adding a table with
the listing levels for the seven constituents of concern in K181 wastes at
§ 261.32(c) of the regulations;
4) Adding procedures for demonstrating that
dyes and/or pigment nonwastewaters are not K181 waste at § 261.32(d) of
the regulations;
5) Adding the
seven constituents of concern that are the basis for the K181 waste listing to
Appendix VII of Part 261;
6) Adding
the five constituents of concern (o-anisidine, p-cresidine,
2,4-dimethylaniline, 1,2-phenylenediamine, and 1,3-phenylenediamine) for the
K181 listing that were not already listed in Appendix VIII of Part 261 to Part
261, Appendix VIII;
7) Revising
§ 261.4(b)(15) of the regulations to provide a temporary, conditional
exemption from the definition of hazardous waste for leachate and gas
condensate generated at landfills used for the disposal of K181 waste prior to
the effective date of the K181 listing;
8) Establishing LDR treatment standards for
the newly listed K181 waste in § 268.20 and § 268.40 of the
regulations;
9) Revising the
listing for F039 in the table of LDR treatment standards at § 268.40 to
include those K181 constituents that are not already identified as regulated
constituents on F039; and
10)
Establishing universal treatment standards (UTS) levels in the table at §
268.48 of the regulations for o-anisidine, p-cresidine, 2,4-dimethylaniline,
and 1,3-phenylenediamine. (Note: UTS levels already exist in the
table at § 268.48 for aniline and 4-chloroaniline. UTS levels were not set
for the remaining K181 constituent of concern, 1,2-phenylenediamine, since it
does not have numerical treatment standards).
These amendments are more stringent than the existing state
requirements. In order to maintain its authorization to operate its state
program in lieu of the U.S. Environmental Protection Agency operating a federal
program, Colorado must adopt state requirements equivalent to and consistent
with the overlying federal requirements. These amendments provide state
equivalency with the regulatory requirements of the Environmental Protection
Agency.
This Basis and Purpose incorporates by reference the
preamble language for the Environmental Protection Agency regulations that were
published in the Federal Register at 70 FR 9138-9180, February 24, 2005, and as
amended at 70 FR 35032-35034, June 16, 2005.
Correction of Typographical Errors and Inadvertent
Omissions
These amendments correct typographical errors and
inadvertent omissions that exist in § 261.21(a)(3), Appendix VII to Part
261, Appendix VIII to Part 261, § 264.52(b), § 265.52(b), §
265.302(b), Appendix VI to Part 265, the table of treatment standards for
hazardous waste at § 268.40, and § 279.52(b)(2)(ii) of the current
regulations, and provide state equivalency with the applicable federal
requirements.
Amendment of § 6.04
Section 6.04 is being amended by revising paragraph (a) to
reflect the annual Commission fees to be assessed for fiscal year
2006-2007.
Statement of Basis and Purpose - Rulemaking Hearing
of September 19, 2006
Notes
6 CCR 1007-3-8.61
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
