6 CCR 1007-3-8.98 - Basis and Purpose

These amendments to 6 CCR 1007-3, Parts 260 and 273 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of Universal Waste Regulations Regarding Aerosol Cans

On January 16, 1996, Colorado adopted state regulations for the management of aerosol cans as universal waste under Part 273 of the Colorado Hazardous Waste Regulations (6 CCCR 1007-3).

On December 9, 2019, the Environmental Protection Agency (EPA) issued a final rule adding aerosol cans to the federal list of universal wastes regulated under the standards for universal waste management found at 40 CFR Part 273.

The adoption of these amendments to Colorado's Hazardous Waste Regulations and Part 273 Universal Waste Management Standards are minor conforming changes necessary to maintain state equivalency to and provide consistency with the federal requirements.

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

a. Revision of the definitions of "Aerosol can" and "Universal Waste Handler" in § 260.10 and § 273.9: The definition of "Aerosol can" is being revised to be consistent with the Department of Transportation (DOT) regulations. As revised, "Aerosol can" means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. The definition of "Universal Waste Handler" is being modified to clarify that a universal waste handler does not apply to a person who recycles universal waste aerosol cans, except under the waste management standards of § 273.13(d) for small quantity handlers (SQHs) of universal waste aerosol cans and the waste management standards of § 273.33(d) for large quantity handlers (LQHs) of universal waste aerosol cans.
b. Revision of the § 273.2(b) applicability standards for pesticides: § 273.2(b)(2)(ii) is being amended to clarify that aerosol cans as defined in § 273.9 that contain pesticides may be managed as aerosol can universal waste under § 273.13(d) or § 273.33(d).
c. Revision of the § 273.2(d) applicability standards for aerosol cans: § 273.2(d)(2)(iii) is being added to specify that the requirements of Part 273 do not apply to aerosol cans that meet the standard for empty containers under § 261.7 of the regulations. § 273.2(d)(3)(i) is being revised to state that a "used" aerosol can becomes a waste on the date it is discarded.
d. Revision of § 273.13(c)(2)(iii) and (iv): The waste management standards for small quantity handlers of universal waste mercury-containing devices at § 273.13(c)(2)(iii) and (iv) of the regulations are being revised to require that mercury from broken ampules be transferred to a container subject to all applicable requirements of Parts 260 through 268 and Part 99 and 100 of the regulations.
e. Revision of § 273.13(d): The waste management standards at § 273.13(d) for SQHs of universal waste aerosol cans are being re-organized and revised to align with the federal requirements of 40 CFR § 273.13(e).
f. Revision of § 273.14(e): The labeling/marking requirements § 273.14(e) for SQHs of universal waste aerosol cans are being revised to allow the SQH to label the aerosol can or the container in which aerosol cans are contained or accumulated to be labeled as "Used Aerosol Can(s)".
g. Revision of § 273.33(c)(2)(iii) and (iv): The waste management standards for large quantity handlers of universal waste mercury-containing devices at § 273.33(c)(2)(iii) and (iv) of the regulations are being revised to require that mercury from broken ampules be transferred to a container subject to all applicable requirements of Parts 260 through 268 and Part 99 and 100 of the regulations.
h. Revision of § 273.33(d): The waste management standards at § 273.33(d) for LQHs of universal waste aerosol cans are being re-organized and revised to align with the federal requirements of 40 CFR § 273.33(e).
i. Revision of § 273.34(e): The labeling/marking requirements § 273.34(e) for LQHs of universal waste aerosol cans are being revised to allow the LQH to label the aerosol can or the container in which aerosol cans are contained or accumulated to be labeled as "Used Aerosol Can(s)".

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 84 FR 67202-67220, December 9, 2019.

Statement of Basis and Purpose Rulemaking Hearing of May 17, 2022

Notes

6 CCR 1007-3-8.98
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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