This amendment to 6 CCR 1007-3, Part 261 is made pursuant
to the authority granted to the Solid and Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Amendment of § 261.1(d)(4) Definition of
"Reclaimed"
This amendment modifies the definition of "Reclaimed" in
paragraph (d)(4) of § 261.1 of the Colorado Hazardous Waste Regulations (6
CCR 1007-3) by deleting the existing definition, and adopting a definition
analogous to the federal definition found at
40 CFR §
261.1(c)(4).
The state definition of "reclaimed" was modified as part of
the Legitimate Recycling Amendments adopted by the Commission on February 16,
2010. The Legitimate Recycling Amendments established hazardous waste recycling
legitimacy criteria at § 261.2(f) for distinguishing legitimate recycling
from "sham" recycling practices, and activities undertaken by an entity to
avoid the requirements of managing a hazardous material as a hazardous waste.
Because there are significant economic incentives to manage hazardous materials
outside the RCRA regulatory system, there is a potential for some handlers to
claim that they are recycling, when, in fact, they are conducting waste
treatment, storage and /or disposal in the guise of recycling.
An unintended consequence resulting from the adoption of
the revised § 261.1 definition of "reclaimed" is that the definition
negatively impacts facilities that conduct multi-stage reclamation. Under the
existing definition, multi-stage reclamation is precluded unless the recycling
is conducted in accordance with permit-by-rule requirements for generator
treatment in accordance with § 100.21(d) of the Regulations, which require
compliance with the Part 262 requirements for accumulation tanks or containers,
or in accordance with a permit.
For example, a Colorado company reclaims silver from
photographic fixer solutions in a multi-step reclamation process. As §
261.1(d)(4) is currently written, the facility would have to upgrade the entire
reclamation process to comply with the Subpart J tank standards, even though
the entire process is already conducted within a secondary containment
system.
Another Colorado company is planning to build a new
facility for recycling off-specification solar panels. The proposed recycling
process would include the following steps:
- Size reduction in a shredder followed by processing in a
hammer mill;
- Film removal by treatment with acid and hydrogen
peroxide;
- Solid liquid separation;
- Glass/laminate separation with a vibrating screen;
- Glass rinsing; and
- Metals precipitation and dewatering.
Under the current definition, this multi-stage recycling
process would require a Part B permit, as many of the components would not meet
the definition of a tank or container and would be considered miscellaneous
units.
The adoption of this amendment provides consistency with
the federal definition of "reclaimed" at
40 CFR §
261.1(c)(4), and removes the
unintended consequence of requiring facilities conducting multi-stage
reclamation to comply with the additional technical standards for accumulation
tanks and containers.
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
