6 CCR 1007-3-8.62 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261, 262, 265, and 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § § 261.5 and 262.13 (de minimis CESQG Generation Rates)

At the May 16, 2006 rulemaking hearing regarding changes to the hazardous waste fee structure, the Hazardous Waste Commission expressed concerns related to the new notification and fee requirements for Conditionally Exempt Small Quantity Generators (CESQGs) of hazardous waste that generated very small amounts of waste. The Commission asked HMWMD (Division) staff to review available information and make a proposal for a level of waste generation below which the notification and fee requirements would not apply.

This rulemaking proposes that the level of hazardous waste generation below which a CESQG that generates F001, F002, F004, and F005 would not be subject to the notification or fee requirements be 3 gallons/year. This is equivalent to about 25 pounds/year, or slightly less than 12 kilograms/year of liquid waste, depending on the waste's specific gravity. The amount of 3 gallons/year represents an average waste generation rate of 1 quart/month, but allows waste generators some flexibility and variance from the average rate throughout a calendar year.

As stated in the May 16, 2006 Statement of Basis and Purpose, the Division is concerned about the F001, F002, F004, and F005 wastes because of their toxicity, prevalence at contaminated sites, and the low compliance rates in business sectors that commonly generate these wastes. The Division also stated at the May hearing that the intended targets of the notification and fee requirements were business users that consistently generate volumes of these wastes large enough to significantly affect public health and/or the environment, not the very small quantity users that may occasionally have need for small solvent volumes. The Division believes that a generation rate of 3 gallons/year of F001, F002, F005, and F005 hazardous waste provides an easily measured and convenient limit that will allow the very small generators, such as building maintenance operations, schools, and art studios, to be exempt from the notification and fee requirements. It provides the exemption in gallons and quarts, rather than metric units used elsewhere in the regulations, because they are widely understood and easily measured or estimated. Based on the Division's experience, the large majority of businesses generating these waste streams in the problematic business sectors, such as dry cleaners, automotive shops, printers, and specialty paint shops, exceed this amount and will remain subject to the notification and fee requirement. This aligns with the Division's intent and removes the HW Commission's concern.

The amendments being adopted at this time include the following:

a) Amendment of Part 261: Section 261.5 of Part 261 is being amended by adding the 3 gallon/year lower limit for the notification requirement. With this amendment, CESQGs generating less than 3 gallons/year of F001, F002, F004, and F005 would not have to submit a hazardous waste notification.
b) Amendment of Part 262: Section 262.13 of Part 262 is being amended by adding the 3 gallon/year lower limit for the fee requirement. With this amendment, CESQGs generating less than 3 gallons/year of F001, F002, F004, and F005 would not have to pay the annual fee of $100.

These amendments are more stringent than the federal regulations, which do not require conditionally exempt small quantity generators to notify or pay an annual generator fee. 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.

Amendment of § 262.34(a)(2) (Tracking Accumulation Time for Tanks)

Section 262.34(a)(2) of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3) is being amended at this time to specify that the accumulation start date must be marked on both tanks and containers as follows:

§ 262.34(a)(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container and either on or attached to each tank, or on a tank log sheet that is maintained at the facility and available for inspection upon request.

The existing regulations at § 262.34(a)(2) only address the marking requirement for accumulation of hazardous waste in containers, and do not require a generator who accumulates hazardous waste in a tank or tank system to mark the accumulation start date on the tank. This is inconsistent with the requirements for other accumulation units, and makes it difficult for inspectors to verify that the on-site accumulation limit has been met.

The purpose of this amendment is to help ensure that generators track the accumulation time for 90 or 180-day accumulation tanks so that waste is not accumulated in excess of the on-site accumulation time period. Modifying this regulation also ensures consistency with the requirement to track the accumulation start date for hazardous waste managed in containers, drip pads, and containment buildings.

This amendment is more stringent than the federal regulations, which do not require a generator who accumulates hazardous waste in a tank or tank system to mark the accumulation start date on the tank or in a tank log sheet. 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.

Amendment of § 265.192 (Tank Requirements)

Section 265.192 of the Colorado Hazardous Waste Regulations is being amended at this time to prohibit a large quantity generator of hazardous waste from storing hazardous waste in open top tanks.

Section 265.192 is being revised by adding paragraph (h) as follows:

§ 265.192(h) Hazardous waste may not be accumulated in open top tanks.

Part 265, Subpart CC, Air Emission Standards applicable to emissions from tanks, surface impoundments and containers, precludes the storage of hazardous waste with an average volatile organic concentration of 500 parts per million by weight in a tank that is open to the environment. However, there is no current requirement in the regulations prohibiting use of open-top tanks for storing non-organic hazardous wastes.

The purpose of this amendment is to ensure protection of human health and the environment by minimizing potential releases of hazardous waste from overfills and overtopping of tanks from weather, as well as preventing evaporation of waste. The organic air emission regulations already prohibit the accumulation of organic hazardous waste in tanks that are not covered and free of gaps and cracks.

This amendment is more stringent than the federal regulations, which do not preclude the storage of non-organic hazardous waste in open top tanks. 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.

Amendment of § 100.32 (Effective Date of Permits)

Section 100.32 of the Colorado Hazardous Waste Regulations is being amended at this time to make State RCRA permits effective thirty (30) days after being issued, irrespective of whether the associated fees have been paid.

Section 100.32(d) is being revised as follows:

§ 100.32 (d) Payment.

(1) Facilities subject to regulation under Parts 264 or 265 of these regulations shall provide timely payment of the document review and activity fee upon billing by the Department on a quarterly basis or upon another basis as determined by the Director. For purposes of this section, "timely payment" means within thirty days of receipt of the Department's billing, or other time frame approved in writing by the Director. Payment shall be made to the Treasurer of the State of Colorado, which monies shall be credited to the Hazardous Waste Service Fund. A late payment fee of 2% per month or portion thereof shall be assessed on any unpaid balance subject to the limitations of § 24-79.5-101, et seq. C.R.S.
(2) Failure to make timely payment of any document review and activity fee is a cause for termination of a permit as described in § 100.64.

The purpose of §100.32(d) is to ensure timely payment of document review and activity fees at permitted facilities. The portions of this section proposed for deletion were intended to incentivize payment of the fees by allowing the Department to delay a permit effective date until fees were paid. However, the wording of this section did not accomplish this incentive, but rather could have prevented the Department from making a permit effective until a recalcitrant facility had paid their fees. Since the requirement that the effective date occur 30 days after permit issuance is also included in the regulations at §100.511(b), the Division believes deleting the proposed section in §100.32(d) improves the useability and accuracy of the regulations.

Statement of Basis and Purpose - Rulemaking Hearing of December 12, 2006

Notes

6 CCR 1007-3-8.62
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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