6 CCR 1007-3-8.63 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 261 and 262 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § § 260.10, 261.5(b) and 262.43 (Requirement for Submittal of Self-Certification Information)

Sections 261.5(b) and 262.43 of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3) are being amended at this time to require generators of hazardous waste, including conditionally exempt small quantity generators (CESQGs), to complete and return a self-certification compliance checklist upon request to do so by the Division. A definition of a "Self-Certification Checklist" is also being added to § 260.10 of the Regulations.

The Division is in the process of implementing a self-certification program, which requires certain generators of hazardous waste to complete and return a self-certification compliance checklist. These checklists are the key element of the self-certification program and track a facility's compliance with the hazardous waste regulations.

The self-certification project, also known as the Environmental Results Program, is intended to build awareness within the regulated community of the applicable regulatory requirements by asking facilities to periodically review the requirements and certify that they are in compliance. This approach has many important advantages:

1) it is a very efficient method for improving compliance rates within our large universe of small and conditionally exempt generators, thus helping to level the economic playing field;

2) it allows precise targeting of follow-up compliance assistance;

3) it allows better targeting of enforcement by helping identify potentially recalcitrant, out-of-compliance facilities; and

4) it serves as a periodic refresher for facility personnel on applicable requirements. In the pilot self-certification projects already conducted by the Division, feedback from the regulated community has consistently been positive - they like the program, the effort is not burdensome, and the benefits are high.

Experience with the program to date has demonstrated that it is much more effective if it is clear to the generator that completing and returning the form is mandatory, not voluntary. Therefore, to ensure that the self-certification process is effective and efficient, the proposed amendments establish mandatory requirements. Sections 25-15-302(2)(g) and 25-15-302(2)(k)(VI) provide authority sufficiently broad to require generators to complete and return self-certification checklists. Section 25-15-310 provides penalties for omitting material information or making false material statements in any reports or other documents filed to comply with requirements of the Act or implementing regulations.

These amendments are more stringent than the federal regulations, which do not require generators of hazardous waste to complete and return a self-certification checklist. 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.

Statement of Basis and Purpose - Rulemaking Hearing of May 15, 2007

Notes

6 CCR 1007-3-8.63

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