6 CCR 1007-3-8.93 - Basis and Purpose

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

Amendment of the Section 262.14(a)

These amendments correct technical errors and inadvertent omissions in paragraph (a) of Section 262.14 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) that were identified after Colorado adopted state analogs to the federal Hazardous Waste Generator Improvements Rule on May 15, 2018, and after the previous HW Generator Improvement Amendments had been filed for the November 20, 2018 rulemaking hearing.

Paragraph (a) of the Section 262.14 conditions for exemption for a very small quantity generator (VSQG) of hazardous waste is being amended to:

1) Exempt VSQGs of hazardous waste from complying with the requirements of Part 263 (Standards Applicable to Transporters of Hazardous Waste). As § 262.14(a) is currently written, VSQGs are subject to the Part 263 requirements. VSQGs are not required to manifest their hazardous waste under RCRA, and it is not the Division's intent to require VSQGs to do so under the state regulations. This amendment corrects this issue.
2) Clarify that only VSQGs generating 3 gallons or more of F001, F002, F004, and/or F005 hazardous waste in a calendar year are required to comply with the requirements of § 262.18 (EPA identification numbers and re-notification for large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005). As currently written, § 262.14(a) implies that all VSQGs are required to comply with the requirements of § 262.18. This amendment corrects the VSQG exemption to specify that only VSQGs generating 3 gallons or more of F001, F002, F004, and/or F005 hazardous waste in a calendar year are required to comply with the requirements of § 262.18.

This amendment is more stringent than the federal regulations. 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 public health and the environment.

3) Add a reference to § 262.43 in Section 262.14 to require VSQGs to complete and return a Self-Certification Checklist if requested by the Division. VSQGs are already required to comply with the Self-Certification requirements of § 262.43 through § 262.10(a)(1)(i)(E). This amendment simply provides further clarification of this requirement.

Statement of Basis and Purpose Rulemaking Hearing of February 19, 2019

Notes

6 CCR 1007-3-8.93
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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