6 CCR 1007-3-8.89 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260, 262, 263, 264, and 265 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Hazardous Waste Electronic Manifest Rule

This rule amends existing regulations of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) regarding modification of the hazardous waste manifest system. These amendments correspond to the Environmental Protection Agency (EPA) rule that was published in the Federal Register on February 7, 2014 {79 FR 7518-7563}.

The use of paper manifest forms (EPA Forms 8700-22 and 8700-22A) is the currently authorized system used for tracking hazardous waste shipments. EPA's October 2014 rule established new requirements for authorizing the use of electronic manifests (or e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. The final rule also implemented certain provisions of the Hazardous Waste Electronic Manifest Establishment Act, Public Law 112-195, which directed EPA to establish a national electronic manifest system (or e-Manifest system), and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system. The goal of the rule is to transition away from the use of paper manifests and move to a fully electronic process for tracking hazardous waste shipments.

This rule does not change existing requirements for manifesting hazardous waste shipments. It merely authorizes the use of electronic manifests at such time as the system to receive them is built and operational. Establishment of an electronic tracking system for hazardous waste shipments will allow tracking to be conducted in a more cost-effective manner, and result in reduced paperwork and processing burdens to the regulated community, as well as to the regulators. The e-Manifest systems should also provide more timely access to manifest data and shipment information, and improved quality to the data that is shared among users, regulators, and their data management systems.

States with authorized RCRA programs under 40 CFR Part 271 are required to adopt program revisions equivalent to and consistent with the federal requirements, but EPA will implement these electronic manifest regulations unless and until the states are fully authorized to implement them in lieu of EPA.

Although the federal rule became effective as a final agency action on August 6, 2014, the rule stipulated that implementation and compliance date for the regulations would be delayed until such time as the e-Manifest system is shown to be ready for operation and the schedule of fees for manifest related services has been announced.

EPA's proposed rule regarding the e-Manifest User Fee Schedule was published in the Federal Register on July 26, 2016 (81 FR 49072-49110). EPA anticipates issuing the final e-Manifest user fee rule in late 2017 and deploying the e-Manifest information technology system in spring 2018.

Until EPA announces in a subsequent Federal Register document that the e-Manifest system is available for use, hazardous waste generators, transporters, and treatment, storage, and disposal facilities (TSDFs) must continue to comply with the current paper-based manifest system and use the existing paper manifest forms (i.e., EPA Forms 8700-22 and 8700-22A) for the off-site transportation of hazardous waste shipments.

This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 79 FR 7518-7563, February 7, 2014, and the preamble language for the amendment of § 263.20(a)(2) as published in the Federal Register at 81 FR 85696-85729, November 28, 2016.

Statement of Basis and Purpose Rulemaking Hearing of October 17, 2017

Notes

6 CCR 1007-3-8.89
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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