6 CCR 1007-3-8.94 - 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 Part 262, Subpart L - Episodic Generation

These amendments revise the Part 262, Subpart L Episodic Generation requirements adopted by the Commission on May 15, 2018 in response to the federal Hazardous Waste Generator Improvements Rule issued by the Environmental Protection Agency (EPA) and published in the Federal Register on November 28, 2016 {81 FR 85732-85829}.

As discussed in the § 8.91 Statement of Basis and Purpose from the May 15, 2018 Hearing, Colorado chose not to adopt the new federal episodic generation event regulations, as the regulations were deemed to be unnecessarily complex, difficult to enforce, and would not afford any great relief to very small quantity generators (VSQGs) or small quantity generators (SQGs) experiencing an episodic hazardous waste generation event that causes them to exceed the generation quantity limit for their category in a particular month.

Instead, Colorado adopted more stringent Part 262, Subpart L regulations that required generators experiencing an episodic event to comply with the requirements of the generator category that applies during any given month. Colorado's regulations also allow 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. As part of today's rulemaking, Colorado is also including additional requirements in § 262.232 of the regulations that a VSQG or SQG experiencing an episodic event must comply with in order to maintain their generator category and still be exempt from the biennial reporting requirements of § 262.41.

Episodic generation events 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.

With these amendments, Colorado is making the following additions and clarifications to its Part 262, Subpart L provisions regarding Episodic Generation:

1) Addition of Section 262.231 (Definitions for this subpart). Definitions of "Episodic event", "Planned episodic event" and "Unplanned episodic event" are being added to the new section 262.231.
2) Addition of Section 262.232 (Conditions for a generator managing hazardous waste from an episodic event). The existing Subpart L provisions regarding episodic generation are being incorporated under § 262.232, and are being revised to include the following:
a) Notification. The VSQG or SQG must notify the Department no later than thirty (30) calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the VSQG or SQG must notify the Department within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12.
b) Labeling. The VSQG or SQG must label the containers and tanks accumulating episodic hazardous waste with the words "Episodic Hazardous Waste."
c) Duration. The VSQG or SQG has up to sixty (60) calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.
d) Recordkeeping. VSQGs and SQGs must maintain the following records for three (3) years from the end date of the episodic event:
(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste; and
(v) Name(s) of hazardous waste transporters.
e) A VSQG or an SQG that generates hazardous waste episodically at the level of an LQG more than once per calendar year must comply with all LQG requirements of Part 262 of these regulations, including § 262.41 (Biennial reporting).

With these amendments, Colorado is clarifying the additional requirements that a VSQG or SQG experiencing an episodic event must comply with in order to retain their generator category, while still retaining Colorado's more stringent Subpart L provisions.

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 more stringent rule. The Commission finds that this rule is necessary to protect public health and the environment.

Statement of Basis and Purpose Rulemaking Hearing of May 21, 2019

Notes

6 CCR 1007-3-8.94
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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