6 CCR 1007-3-8.72 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 261 and 273 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Universal Waste Amendments

These amendments to Parts 261 and 273 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) clarify the scope of the Part 273 regulations and amend the waste management standards for small and large quantity handlers of universal waste.

The Part 273 Universal Waste Regulations include certain hazardous wastes that are commonly generated by a wide variety of generators, including retail and commercial businesses, government agencies and schools. Colorado's Part 273 Universal Waste Regulations include management standards for batteries, pesticides, mercury-containing devices, aerosol cans, lamps, electronic devices and electronic components.

The Part 273 regulations provide an alternative set of reduced management standards that a generator can follow instead of the full hazardous waste requirements of the Colorado Hazardous Waste Regulations. The Part 273 regulations were designed to reduce the regulatory burden on non-residential entities that generate these universal wastes and to encourage recycling, while at the same time reducing the amount of hazardous waste items illegally sent to municipal solid waste landfills, thus reducing a potential threat to public health and the environment. Although these same wastes are not regulated as hazardous wastes if generated by residential consumers, the Division encourages households to recycle these wastes, or dispose of them through a local household hazardous waste collection event or facility.

The amendments being adopted at this time include:

1) Modifying § 261.9(a) and § 273.1 (b) to clarify that if a waste handler chooses to manage their universal waste under the Part 273 Regulations, but fails to meet those requirements, the waste handler remains subject to, and must comply with, all applicable requirements of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), Parts 260 through 268, 99, and 100. The Division has recently inspected several facilities that were not managing their universal wastes in compliance with the universal waste rules. These facilities did not understand that this made them subject to the hazardous waste rules in Parts 260 through 268, 99, and 100.
2) Correcting a typographical error in paragraphs (i) and (ii) of § 273.2(d)(2) by replacing the reference to § 273.6 with the proper cite reference of § 273.9.
3) Revising the definition of "Electronic component" in § 273.9 by removing the last sentence regarding intact devices. Since this rule was promulgated, the University of Florida conducted toxicity tests on other electronic devices like CPUs, cell phones and VCRs. These tests indicated that many intact electronic devices would likely fail the toxicity test for lead, mainly due to the circuit boards and other soldered components in the devices.
4) Revising the waste management standards in § 273.13 and § 273.33 for small and large quantity handlers of universal waste by:
a. Amending § 273.13(e)(1) and § 273.33(e)(1) to specify that small and large quantity handlers of universal waste lamps must contain the lamps in "appropriately-sized" containers to prevent breakage of the lamps and the release of mercury.
b. Amending § 273.13(f)(3)(iv) and § 273.33(f)(3)(iv) to incorporate the applicable container management requirements of § 262.34 by specifying that universal waste handlers of electronic devices who disassemble the electronic devices must transfer the disassembled electronic components directly into containers that are structurally sound and are compatible with the material.
c. Amending § 273.13(f) and § 273.33(f) to add conditions (f)(5) through (f)(5)(v) for handlers conducting shredding, crushing, or other size-reduction activities of electronic devices to reduce their volume or make them more suitable for recycling or reclamation. This section is being amended to allow current industry practices of shredding hard drives, performing laser separation of CRT panel glass from funnel glass, and crushing CRT glass. These practices were not common at the time the regulations were originally promulgated.

As part of the waste management standards of § § 273.13(f) and 273.33(f), handlers who conduct shredding, crushing, or other size-reduction activities of electronic devices to reduce their volume or make them more suitable for recycling or reclamation would not require a permit for treatment of hazardous waste provided the handler:

1) Ensures that the universal waste electronic devices are size-reduced in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
2) Ensures that the size-reduction operations are performed safely by developing and implementing a written procedure detailing how to safely size-reduce each universal waste electronic device managed at the facility. This procedure must include: the type of equipment to be used to size-reduce the universal waste electronic devices safely; operation and maintenance of all equipment; proper waste management practices, and waste characterization;
3) Transfers the size-reduced material directly into containers that are structurally sound and are compatible with the material;
4) Ensures that employees are thoroughly familiar with the procedures for size-reduction of the universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and
5) Maintains a system to ensure compliance with the written size-reduction and management procedures for the universal waste electronic devices.

Handlers of universal waste who disassemble electronic devices into components, or who generate other solid waste as a result of such activities must determine whether the separated components and/or other solid wastes exhibit a characteristic of hazardous waste. If the separated electronic components or other solid wastes generated exhibit a characteristic of hazardous waste, they must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of the Colorado Hazardous Waste Regulations 6 CCR 1007-3. Alternatively, separated electronic components generated may continue to be managed as universal wastes under Part 273. If the separated electronic components do not exhibit a characteristic of hazardous waste, they are not subject to the hazardous waste requirements, nor are they subject to the requirements of Part 273. This waste is, however, required to be handled in compliance with applicable federal, state, and local solid waste regulations.

Additional guidance on the Part 273 Universal Waste Regulations, and the management of electronic wastes, is available on the Division's website at http://www.cdphe.state.co.us/hm/hw/hwpubs.htm.

Statement of Basis and Purpose - Rulemaking Hearing of May 18, 2010

Notes

6 CCR 1007-3-8.72
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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