6 CCR 1007-3-8.80 - Basis and Purpose

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 § 261.2(f)(1) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation

This amendment modifies paragraph (f)(1) of § 261.2 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to clarify that any person conducting recycling must be able to demonstrate that the recycling is legitimate, irrespective of whether or not the Division is pursuing an enforcement action.

A person claiming that a waste is not a solid waste or that a waste is conditionally exempt from regulation (e.g., because it is recycled in accordance with § 261.2(e)) must be prepared to demonstrate that the conditions for the exclusion are being met. Generators must be able to provide documentation supporting their claim, such as proof the material is being reused in a production process or that there is a known market for the material (§ 261.2(f)). An example of appropriate documentation would include a contract showing that a second person uses the material as an ingredient in a production process. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.

In determining whether their recycling is legitimate, owners or operators must address the requirements in § 261.2(f)(2), which specify that legitimate recycling must involve a material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process, and the recycling process must produce a valuable product or intermediate. Materials that are not legitimately recycled are discarded and are solid waste.

This change will assist owners and operators in proactively maintaining documentation of claims that a material is not solid waste or is conditionally exempt from regulation rather than trying to re-create documentation retroactively as part of an enforcement action. This change may also potentially reduce the incidence of enforcement actions if documentation is readily available.

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

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.