These amendments to
6 CCR
1007-3, Parts 260, 261, 262, 263, 264, 265, 267, 268,
273, 279, 99 and 100 are made pursuant to the authority granted to the Solid
and Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Hazardous Waste Generator Improvements
Rule
These amendments to the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) finalize revisions
to the state's hazardous waste generator regulatory program. These amendments
correspond to the Environmental Protection Agency (EPA) rule published in the
Federal Register on November 28, 2016 {81 FR 85732-85829}, and which became
effective on May 30, 2017.
The primary intent of these amendments is to foster
improved compliance by hazardous waste generators in the identification and
management of the hazardous waste they generate and, as a result, improve
protection of human health and the environment. The objectives of these
revisions include:
* reorganizing the hazardous waste generator regulations to
make them more user-friendly and thus improve their usability by the regulated
community;
* providing a better understanding of how the RCRA
hazardous waste generator regulatory program works;
* addressing the gaps in the existing regulations to
strengthen environmental protection;
* providing greater flexibility for hazardous waste
generators to manage their hazardous waste in a cost-effective and protective
manner; and
* making technical corrections and conforming changes to
address inadvertent errors and remove obsolete references to programs that no
longer exist.
General organizational changes being adopted as part of
this rulemaking include the following:
1) Changing the name of Conditionally Exempt
Small Quantity Generator (CESQG) to Very Small Quantity Generator
(VSQG)
2) Integrating the generator
requirements formerly found at § 261.5 (Special requirements for hazardous
waste generated by conditionally exempt small quantity generators) into new
§ 262.13 (Generator Category Determination) and § 262.14 (Conditions
for exemption for a VSQG) in the Part 262 generator regulations. With the
addition of the new § 262.13 (Generator Category Determination), the
existing § 262.13 (Generator Annual Fees) is being renumbered as §
262.9.
3) Separating the existing
regulations at § 262.34 (Accumulation time) for Small Quantity Generators
(SQGs), Large Quantity Generators (LQGs), and Satellite Accumulation Areas
(SAAs) into three new sections:
a)
§
262.15 - Satellite accumulation area regulations for small and large quantity
generators;
Note: Colorado is specifying in §
262.15(a)(4) that the temporary venting of a container may be allowed on a
case-by-case basis with prior written approval from the Division.
b)
§ 262.16 - Conditions for
exemption for an SQG that accumulates hazardous waste; and
c)
§ 262.17 - Conditions for exemption
for an LQG that accumulates hazardous waste.
4) Incorporating the text of relevant Part
265 regulations, where reasonable, into these new sections, rather than merely
cross-referencing them.
Several of the revisions included in this rulemaking are
more stringent than the current regulations, and Colorado is required to adopt
equivalent provisions to the federal standards. These include the
following:
1)
Marking & Labeling - Requires SQGs,
LQGs and transfer facilities to better define the risks of hazardous wastes
accumulated in tanks, containers, drip pads, and containment buildings, as well
as when hazardous waste is accumulated in satellite accumulation areas. These
new marking and labeling requirements for waste accumulation units are being
implemented to enhance 3 critical areas: risk communication; emergency
preparedness and prevention; and the accuracy of hazardous waste
determinations. These new, more stringent labeling requirements include the
following provisions:
a)
§
262.14(a)(5)(viii)(B)(2) - VSQG container labeling requirements;
b)
§ 262.15(a)(5)(ii) - SQG and LQG
labeling requirements for containers in satellite accumulation areas;
c)
§ 262.16(b)(5) - SQG Accumulation of
hazardous waste in containment buildings;
d)
§ 262.16(b)(6)(i)(B) - SQG container
labeling requirements;
e)
§
262.16(b)(6)(ii)(B) - SQG tank labeling requirements;
f)
§ 262.17(a)(4) - LQG Accumulation of
hazardous waste in containment buildings;
g)
§ 262.17(a)(5)(i)(B) - LQG container
labeling requirements;
h)
§
262.17(a)(5)(ii)(B) - LQG tank labeling requirements; and
i)
§ 262.17(c)(4)(iv)(B) - LQG tank and
container labeling requirements for F006 waste.
2)
Closure Notification
Requirements for LQGs {§ 262.17(a)(8)} - Requires LQGs
to notify EPA or their authorized state when they plan to close their
facilities.
a)
Closure of a waste
accumulation unit - Requires LQGs to place a notice in their
operating record within 30 days after closure identifying the location of the
unit with the facility, or meet closure performance standards and notify the
Department.
b)
Closure
of the facility - Requires the LQG to notify the Department no
later than 30 days prior to closing the facility. The LQG must also notify the
Department within 90 days after closing the facility that it has complied with
closure performance standards or notify if it can't complete a clean closure of
the facility. LQGs that fail to complete clean closure of the facility are
required to complete closure as a landfill under § 265.310 in the case of
a container, tank or containment building, or under § 265.445(b) for a
facility with drip pads.
3)
Re-notification
Requirements for SQGs {§ 262.18(d)} - Requires SQGs to
re-notify every four years. Colorado is also requiring VSQGs that generate 3
gallons or more in a calendar year of hazardous waste codes F001, F002, F004,
and/or F005 to re-notify the Department starting in 2021 and every four years
thereafter using EPA Form 8700-12. This re-notification for VSQGs and SQGs must
be submitted to the Department by September 1st of each year in which
re-notifications are required, unless the VSQG or SQG has submitted an updated
notification within the last four years.
4)
Biennial Reporting
Requirements {§ 262.41)} - Requires LQGs to submit a
biennial report that identifies all of the hazardous wastes generated in the
calendar year, not just for the months the facility was an LQG.
5)
Preparation of
Contingency Plan Quick Reference Guide {§ 262.261(h)}
- Requires new LQGs and LQGs updating their contingency plans to prepare a
quick reference guide for their contingency plans to assist responders in an
emergency. The Quick Reference Guide must contain the following elements:
a) Types/names of hazardous waste and
associated hazards;
b) Estimated
maximum amounts of hazardous wastes on-site at the facility;
c) Identification of hazardous wastes
requiring unique/special treatment;
d) Map showing where hazardous wastes are
generated, accumulated and/or stored at the facility;
e) Map of facility and surroundings to
identify routes or access and evacuation;
f) Locations of water supply (e.g., fire
hydrant and its flow rate);
g)
Identification of on-site notification systems (e.g., fire alarms, smoke
alarms); and
h) Name of emergency
coordinator(s) and 24-hour emergency telephone number(s).
6)
Biennial Reporting
Requirements for Owners or Operators of Facilities that Recycle Hazardous Waste
Without Storing It {§ 261.6(c)(2)} - Requires
facilities that recycle hazardous waste without storing the waste to prepare
and submit a Biennial Report.
A few of the proposed revisions included in this rulemaking
are less stringent than the current hazardous waste regulation, and Colorado is
not required to adopt these changes. These revisions include the
following:
1)
LQG
Consolidation of VSQG Wastes {§ 262.14(a)(5)(viii) and §
262.17(f)} - Allows VSQGs to voluntarily send hazardous
waste to LQGs under the control of the same person.
2)
Waiver of the 50-foot
Setback Requirement {§ 262.17(a)(1)(vi)} - Allows LQGs
to apply for a waiver from their local fire department to accumulate ignitable
and reactive wastes within the 50 foot facility boundary.
Colorado is not adopting amendments regarding the following
portions of the federal rule:
1)
Episodic Generation Requirements { 40 CFR Part 262 , Subpart
L}. The Federal rule implements Alternative Standards for
Episodic Generation at 40 CFR Part
262 , Subpart L that allows VSQGs and SQGs
to conditionally maintain their generator category if they experience an
episodic hazardous waste generation event that causes them to exceed the
generation quantity limit for their category in a particular month which would
subject them to more stringent generator requirements. The new Federal rule is
a complex system of notification and management requirements for planned events
and unplanned events, and only allows one event per year with an option to
petition for a second event. All waste generated during an episodic event has
different labeling and tracking requirements from the regularly generated waste
at the facility.
The new federal requirements seem like an unnecessarily
complicated way to deal with episodic generation events that have not been a
problematic issue in Colorado. The Division requires generators to comply with
the requirements for whatever generator category they are in any particular
month. The Division has always advised that as a best management practice,
generators who generate near the limit for a particular category comply with
the more stringent requirements in order to ensure that if they generate in
excess of the allowable limit, they will already be in compliance.
If a facility experiences an unusual episodic event, the
Division has worked with these facilities to ensure that they quickly and
easily comply with the required regulatory standards for that one-time event.
This is accomplished through guidance documents which include contingency plan
templates, training templates and additional material designed to help
generators comply with more stringent requirements.
Adoption of the new federal episodic generation event
regulations will not afford any great relief to generators, are unnecessarily
complex, and would be difficult to enforce. Colorado prefers to remain more
stringent in order to ensure protection of human health and the environment in
the management of these hazardous wastes.
However, Colorado is adopting a new Part 262, subpart L in
order to clarify that generators experiencing an episodic event must comply
with the requirements of the generator category that applies during any given
month. Colorado is also allowing VSQGs or SQGs who experience one episodic
event during a calendar year that subjects them to LQG status to maintain their
generator category and be exempt from the requirement to file a biennial
report, as long as they comply with all of the other LQG requirements.
2)
Amendment of
§ 261.420 - Colorado is not adopting the addition of
paragraph (g) to section 261.420, as Colorado has not adopted the optional
Subpart M Standards (Emergency Preparedness and Response for Management of
Excluded Hazardous Secondary Materials) that were established as part of the
Revisions to the Definition of Solid Waste rulemaking of January 13, 2015 (80
FR
1694-
1814).
3)
Amendment of §§ 262.200-262.216
- Colorado is not adopting these revisions, as
Colorado has not adopted the optional Subpart K provisions
(Subpart K - Alternative Requirements for Hazardous Waste Determination and
Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic
Entities) established as part of the Academic Laboratories Generator Standards
rulemaking of December 1, 2008 (73 FR 72912-72960).
Additional items included in this rulemaking:
1)
VSQG Waste Collection
Facilities - Colorado is eliminating Section 263.10(b) to
clarify that VSQG waste collection facilities are not considered transfer
facilities under the Colorado Hazardous Waste Regulations (6 CCR
1007-3). VSQG Waste Collection Facilities receiving
hazardous waste from non-affiliated generators in Colorado will be individually
reviewed and approved by the Department pursuant to 262.14(a)(5)(iii).
Allowing VSQGs to send their hazardous waste to a waste
collection facility will help ease the financial and administrative burden for
VQGs and encourage responsible waste management, treatment, and
disposal.
2)
Independent Requirements {§ 262.10}
- One of the objectives of this rule was to clarify which requirements for
hazardous waste generators are conditions for exemption from the requirement to
obtain a permit for the storage of hazardous waste on site at the generator's
facility and which requirements are independent requirements that all
generators of hazardous waste must comply with regardless of whether they store
hazardous waste on site. Colorado has expanded the list of independent
requirements for generators from that of the Federal rule for requirements that
are unique to Colorado and to clarify that notification requirements of Part 99
and the land disposal restriction requirements of Part 268 are considered
independent requirements in Colorado. The independent requirements that are
unique to Colorado are: Section 262.9 (Generator Annual Fees) and Section
262.43 (Additional Reporting).
3)
Retention of more stringent provisions.
As part of this rulemaking, Colorado is also retaining the following more
stringent provisions that currently exist in § 261.5, § 262.34,
§ 262.52, and § 262.174 of the regulations:
a)
Prohibition of CESQG to
dispose of waste on-site {§ 261.5(f)(3)(iv) and (g)(3)(iv)} -
Colorado regulations currently specify that a conditionally exempt small
quantity generator of hazardous waste may not dispose of his/her hazardous
waste on-site. This requirement for VSQGs is now located at § 262.14(a)(5)
of the regulations.
b)
Requirement for CESQG generating F001, F002, F004, and F005 waste
to notify{§ 261.5(b)(2)} - Colorado regulations currently
require CESQGs that generate 3 gallons or more per calendar year of hazardous
waste codes F001, F002, F004 and/or F005 to notify the Department of their
hazardous waste activities and obtain an EPA Identification Number. This
requirement for VSQGs is now located at § 262.10(a)(1)(i)(E) of the
regulations.
c)
Requirement to complete Self-Certification Checklist {§
261.5(b)(4) and § 262.43(b)} - Colorado regulations currently
require any generator, including CESQGs, that receive a Self-Certification
Checklist from the Department to complete and return the checklist within the
timeframe specified in the instructions. This requirement is now located at
§ 262.10(a)(1)(i)(D) for VSQGs, § 262.10(a)(1)(ii)(H) for SQGs, and
§ 262.10(a)(1)(iii)(H) for LQGs.
d)
Requirement to document
training for SQGs {§ 262.34(d)(5)(iii)} - Colorado
regulations currently require documentation of training for SQGs of hazardous
waste, and make training performance-based. This requirement for SQGs is now
located at § 262.16(b)(9).
e)
Satellite accumulation area time limit. {§ 262.34(c)(2) and
§ 262.34(g)(2)} - Unlike the federal requirement which allows
3 days, Colorado regulations require a generator that manages hazardous waste
in satellite accumulation containers to move that container to the 180/270 or
90-day accumulation area immediately (i.e., within 24-hours) from when the
55-gallon limit is reached. This requirement is now located at §
262.15(a)(6).
f)
Requirement for CESQGs to minimize releases {§ 261.5(b)(5) and
265.31(a)} - Colorado regulations require all generators,
including CESQGs, to maintain and operate their facility to minimize the
possibility of a fire, explosion, or any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents. This requirement is now
located at § 262.14(d) for VSQGs, § 262.16(b)(8) for SQGs, and §
262.17(a)(6) for LQGs.
g)
Expanded list of weekly inspection requirements {§
265.174} - Colorado regulations require a thorough inspection of
hazardous waste containers to ensure that all of the Part 265 Subpart I
requirements regarding use and management of containers and the applicable
labeling requirements of § 262.34 are being met. These regulations also
require that problems identified during the inspection be remedied. These
requirements are now also located at § 262.16(b)(2)(iv) for SQGs, and
§ 262.17(a)(1)(v) for LQGs.
h)
Additional Contingency Plan Requirement {§
262.261(g)} - Colorado regulations also require LQGs of hazardous
waste to identify the fire protection district responsible for providing fire
protection services to be identified in the contingency plan. If a facility is
not within a fire protection district, the LQG must state that in their
contingency plan, and operate under their own fire protection plan that has
been approved by the Department. Colorado regulations also require
identification of the local emergency planning committee (LEPC) for the area
where the facility is located. In addition to § 265.52(g), this
requirement is now also located at § 262.261(g).
4)
Replacement of
References to Colorado Hazardous Waste Notification Form -
Colorado is revising the Colorado Hazardous Waste Regulations (6 CCR
1007-3) to remove all references to the Colorado
Hazardous Waste Notification Form, and replace with a reference to EPA Form
8700-12.
5)
Amendment of § 100.33 Hazardous Waste Notification
Fees. Section 100.33 is being amended to clarify that
generators filing electronically with the Division to change their generator
status are not subject to the $120 notification processing fee.
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 considers this information sufficient to justify
adopting the proposed rule. The Commission finds that this rule is necessary to
protect the public health and environment of the state.
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 81 FR 85732-85829, November 28,
2016.
Statement of Basis and Purpose Rulemaking Hearing of
November 20, 2018
Notes
6 CCR 1007-3-8.91
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
