This amendment to 6 CCR 1007-3, Part 99 is made pursuant to
the authority granted to the Solid and Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Amendment of Paragraph (e) of the Part 99
Notification Regulations
This amendment modifies paragraph (e) of the Part 99
Notification regulations of the Colorado Hazardous Waste Regulations (6 CCR
1007-3) to clarify that persons who have previously filed a notification of
regulated waste activity with the Department or EPA are required to file an
updated notification with the Department whenever the generator status of such
persons change. This amendment also eliminates the option to delay filing the
updated notification until such time as the Solid and Hazardous Waste
Commission Fee is due pursuant to 6 CCR 1007-3, § 6.04.
Under the current requirements of Part 99(e), persons who
have previously filed a notification of regulated waste activity with the
Department or EPA are required to file an updated notification with the
Department whenever the location and/or general description of their activities
change. No updated notification is required solely for changes in the
identified or listed hazardous wastes handled at the facility. The updated
notification, if necessary, is currently required to be filed annually at the
time the Solid and Hazardous Waste Commission Fee is due in September.
Since this Part 99(e) was last modified, regulations have
been added to Part 262.13 that assess generator annual fees based on the
facility's notification status. Recognizing that a generator's status may
change throughout a calendar year, notes were added that generators operating
at a higher generator status for four or more calendar months of the year would
be assessed at the higher status fee level. As Part 99(e) is currently written,
a generator with increased episodic generation of hazardous waste that elevates
their status to a higher generator level is not required to file an updated
notification with the Department until September 15th of that year. If the
facility's generator status increases four or more times early in the year,
their status may have already returned to the lower generator category by the
time the annual Solid and Hazardous Waste Commission fee is due.
To minimize the impact on generators, the Colorado
Hazardous Waste Notification form has been modified to include the option to
notify at the generator's primary generation status and to also identify if
they are an episodic generator of four or more months or less than four months
in a calendar year.
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 finds that this rule is necessary to protect the
public health and the environment of the state.
Statement of Basis and Purpose - Rulemaking Hearing
of November 20, 2012
Notes
6 CCR 1007-3-8.80
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
