6 CCR 1007-3-8.65 - Basis and Purpose

These amendments to 6 CCR 1007-3, Part 279 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Part 279 Used Oil Amendments

These amendments revise sections 279.1, 279.24(a)(3), 279.31(b) and 279.81(b) of Colorado's Part 279 Standards for the Management of Used Oil.

The amendments being adopted at this time include the following:

a. Revision of the definition of "Used oil collection center" in § 279.1: Section 279.1 of the Colorado Hazardous Waste Regulations is being amended at this time by revising the definition of a Used Oil Collection Center to require notification to the Department using the Colorado Hazardous Waste Notification form. This requirement is not considered to be more stringent than the federal requirements because the existing definition already required that a used oil collection center be "registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil ..." At this time, there is no uniform means for a used oil collection center to be registered, licensed, permitted or recognized by a state, county or municipal government. The purpose of this amendment is to assist used oil collection centers by providing a recognized statewide mechanism for notification and recognition. Notification will also provide a means for used oil generators regulated under Subpart C of Section 279 and household do-it-yourselfers to identify legitimate used oil collection centers.
b. Revision of § 279.24(a)(3): Section 279.24(a)(3) of the Colorado Hazardous Waste Regulations regarding off-site shipments of used oil is being amended at this time by incorporating the notification requirement as included in the revised definition of a used oil collection center in order to remain consistent with the definition.
c. Revision of § 279.31(b)(2): Section 279.31(b)(2) of the Colorado Hazardous Waste Regulations regarding used oil collection centers is being amended at this time by incorporating the notification requirement as included in the revised definition of a used oil collection center in order to remain consistent with the definition.
d. Addition of § 279.31(b)(3): A new Section 279.31(b)(3) is being added to the Colorado Hazardous Waste Regulations regarding used oil collection centers to reiterate the limits on the burning of used oil in a space heater at a used oil collection center to used oil generated by the owner or operator of the collection center or used oil brought to the collection center by household do-it-yourselfers. Inclusion of this new section is necessary because some owner/operators of used oil collection centers may not understand the regulatory distinction between being the generator of used oil and generally meeting the requirements for a generator of used oil. This distinction is important in that Section 279.23 specifies that used oil burned in an on-site space heater must be used oil that the owner or operator generates or used oil received from household do-it-yourselfers. This amendment also allows used oil that has been determined to meet the used oil fuel specifications in Section 279.11 to be burned in the space heater as long as the person making that determination complies with applicable standards for used oil fuel marketers in Subpart H of Part 279.
e. Revision of § 279.81(b): Section 279.81(b) of the Colorado Hazardous Waste Regulations regarding disposal of nonhazardous used oil is being amended at this time to require that the disposal of nonhazardous used oils that cannot be recycled be disposed of in accordance with the state regulations pertaining to solid waste sites and facilities in 6 CCR 1007-2 rather than the federal requirements in 40 CFR Parts 257 and 258. At this time, the requirements for disposal of nonhazardous used oil are the same under both regulatory programs. This change is being made in order to keep the state hazardous waste regulations consistent with the state solid waste regulations should any changes become necessary in the future. Any future changes to the state solid waste regulations that are more stringent than the federal requirements of 40 CFR Parts 257 and 258 regarding the management of nonhazardous liquid wastes will have to be reviewed in the context of indirectly making the state hazardous waste regulations more stringent than the federal hazardous waste regulations.

Statement of Basis and Purpose - Rulemaking Hearing of February 19, 2008 [Eff 03/30/2008]

Notes

6 CCR 1007-3-8.65
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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