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
