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
