6 CCR 1007-3-8.93 - 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.

User Fees for the Electronic Hazardous Waste Manifest System and Amendments to the Manifest Regulations

These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to the Environmental Protection Agency (EPA) Hazardous Waste Electronic Manifest User Fee rule published in the Federal Register on January 3, 2018 {83 FR 420-462}, and which became effective on June 30, 2018.

The January 3, 2018 federal rule established the methodology the EPA will use to determine and revise the user fees applicable to the electronic and paper manifests to be submitted to the national electronic manifest system (e-Manifest system) that EPA developed under the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195. That Act 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.

EPA's Hazardous Waste Electronic Manifest rule was published in the Federal Register on February 7, 2014 {79 FR 7518-7563}. Corresponding amendments to the Colorado Hazardous Waste Regulations were adopted by the Colorado Solid and Hazardous Waste Commission on October 17, 2017, and became effective on November 30, 2017.

EPA began operation of its e-Manifest system on June 30, 2018. The goal of the e-Manifest system is to transition away from the use of paper manifests and move to a fully electronic process for tracking hazardous waste shipments. 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 system should also provide more timely access to manifest data and shipment information, and improve data quality shared among users, regulators, and their data management systems.

As a state with an authorized RCRA program under 40 CFR Part 271 , Colorado is required to revise its state program in order to be equivalent to, consistent with, and no less stringent than the requirements of the federal e-Manifest User Fee rule.

Many of the regulatory provisions promulgated in the federal e-Manifest User Fee rule were issued under the authority of the e-Manifest Act, and can only be administered and enforced by the EPA. Colorado is required to adopt these provisions in order to maintain manifest program consistency.

Two sets of provisions in the federal that can only be administered by the EPA include the following:

1) Manifest printing specifications of § 262.21(f)(5), (6), and (7). These provisions describe the revised printing specification for the five-copy paper manifest and continuation sheet paper forms, the revised copy distribution requirements to be printed on each copy of the form, and the revised specification for printing the appropriate manifest instructions on the back of the form copies. These printing specifications apply to registered manifest printers and are administered solely by EPA, and
2) Fee methodology and related fee implementation provisions of subpart FF of 40 CFR Parts 264 & 265. The user fee provisions of subpart FF describe the methods and processes that EPA will use in setting fees to recover its program costs, and in administering and enforcing the user fee requirements. Although Colorado cannot receive authorization to administer or enforce EPA's e-Manifest system, Colorado is adopting the required state analog to 40 CFR § 264.71(j) and § 265.71(j) to reference the federal subpart FF provisions. This is necessary to ensure that members of the regulated community are on notice of their responsibilities to submit their final manifest copies to the system and to pay user fees to EPA for the processing of their manifests.

Additional provisions being adopted as part of this rulemaking include the following amendments:

Regulation

Subject

§ 260.4

Copy submission requirements for interstate shipments.

§ 260.5

Applicability of e-Manifest system and fees to facilities receiving state-only regulated wastes.

§ 262.20(a)(1) and (a)(2)

Removal of references to the Appendix to Part 262

§ 262.24(c)(1)

Use of mixed paper/electronic manifests.

§ 262.24(e)

Removal of references to the Appendix to Part 262

§ 262.24(g)

Removal of paragraph regarding imposition of user fees for electronic manifest use.

§ 262.24(h)

Generators and post-receipt data corrections.

Appendix to Part 262

Removal of the manifest form and instructions in the Appendix to Part 262

§ 263.20(a)(8)

Removal of paragraph regarding imposition of user fees for electronic manifest use for Transporters.

§ 263.20(a)(9)

Transporters and post-receipt data corrections.

§ 263.21(b)

En route changes to transporters

§ 264.71(a)(2)(v) and § 265.71.(a)(2)(v)

Receiving facilities' required paper manifest submissions to system.

§ 264.71(j) and § 265.71(j)

Imposition of user fees on receiving facilities for their manifest submissions.

§ 264.71(l) and § 265.71(l)

Receiving facilities and post-receipt data corrections.

§ 264.1086(c)(4)(i) and (d)(4)(i) and § 265.1087(c)(4)(i) and (d)(4)(i)

Removal of references to the Appendix to Part 262

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 83 FR 420-462, January 3, 2018.

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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