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
