DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste
Amendments adopted by the Solid and Hazardous Waste Commission on February 16, 2010:

Universal Waste Amendments

1) Revise paragraph (a) of section 261.9 to read as follows:
§   261.9   Requirements for Universal Waste.
(a)  The wastes listed in this section are exempt from regulation under Parts 262 through 268, and Part 100 of these regulations except as specified in Part 273 of these regulations. If a waste handler chooses to manage its universal waste under the Part 273 regulations, but fails to meet those requirements, the waste handler remains subject to, and must comply with, all applicable requirements of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), Parts 260 through 268, 99 and 100. The wastes listed in this section are subject to regulation under Part 273:
(1)  ******
(2)  ******
(3)  ******
(4)  ******
(5)  ******
(6)  ******

2) Revise paragraph (b) of section 273.1 to read as follows:
§ 273.1  Scope.
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(b)  The Part 273 Universal Waste Regulations provide an alternative set of management standards that a generator can choose to follow in lieu of regulation under Parts 260 through 268, and Parts 99 and 100 of these regulations. The Part 273 regulations are designed to reduce the regulatory burden on facilities that generate these wastes while at the same time reducing the amount of hazardous waste illegally sent to municipal solid waste landfills.  If a waste handler chooses to manage its universal waste under the Part 273 regulations, but fails to meet those requirements, the waste handler remains subject to, and must comply with, all applicable requirements of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), Parts 260 through 268, 99 and 100.
Note:  ******

3) Revise paragraphs (d)(2)(i) and (d)(2)(ii) of section 273.2 to read as follows:
§ 273.2  Applicability.
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(d)  Applicability - Aerosol cans.
(1)  ******
(2)  ******:
(i)   Aerosol cans, as described in § 273.9, that are not yet wastes under Part 261 of these regulations, including those that do not meet the criteria for waste generation in paragraph (d)(3) of this section.
(ii)   Aerosol cans, as described in § 273.9, that are not hazardous waste. An aerosol can must be managed as a hazardous waste if its contents exhibit one or more of the characteristics identified in Part 261, Subpart C of these regulations, or if its contents are listed in Part 261, Subpart D of these regulations.
(3)  ******
(i)   ******
(ii)  ******
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4) Revise the definition of “Electronic component” in section 273.9 to read as follows:
§ 273.9  Definitions
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“Electronic component”   means components, subassemblies or other parts derived from the disassembly of electronic devices. 

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5) Revise paragraph (e)(1) of section 273.13 to read as follows:
§ 273.13  Waste management.

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(e)   Lamps.  ******
(1)  A small quantity handler of universal waste must contain any lamp in appropriately-sized containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
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6) Amend section 273.13 by revising paragraph (f)(3)(iv) and adding paragraphs (f)(5)-(f)(5)(vi) to read as follows:
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(f)   Electronic devices and electronic components.  ******
(1)  ******
(2)  ******
(3)   A small quantity handler of universal waste may disassemble universal waste electronic devices provided the handler:
(i)   ******
(ii)  ******
(iii)  ******
(iv)  Transfers the disassembled electronic components directly into containers that are structurally sound and are compatible with the material;
(v)  ******
(vi)  ******
(4)(i)  ******
(ii)   ******
(iii)  ******
(5)  A small quantity handler of universal waste who conducts shredding, crushing, or other size-reduction activities of electronic devices to reduce its volume or make them more suitable for recycling or reclamation would not require a permit for treatment of hazardous waste provided the handler:
(i)   Ensures that the universal waste electronic devices are size-reduced in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(ii)  Ensures that the size-reduction operations are performed safely by developing and implementing a written procedure detailing how to safely size-reduce each universal waste electronic device managed at the facility.  This procedure must include: the type of equipment to be used to size-reduce the universal waste electronic devices safely; operation and maintenance of all equipment; proper waste management practices, and waste characterization;
(iii) Transfers the size-reduced material directly into containers that are structurally sound and are compatible with the material;  
(iv)  Ensures that employees are thoroughly familiar with the written procedures developed pursuant to subparagraph (ii) above for size-reduction of the universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and
(v) Maintains a system to ensure compliance with the written size-reduction and management procedures for the universal waste electronic devices.

7) Revise paragraph (e)(1) of section 273.33 to read as follows:
§ 273.33  Waste management.
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(e)   Lamps.  ******
(1)  A large quantity handler of universal waste must contain any lamp in appropriately-sized containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
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8) Amend section 273.33 by revising paragraph (f)(3)(iv) and adding paragraphs (f)(5)-(f)(5)(vi) to read as follows:
§ 273.33  Waste management.
(f)   Electronic devices and electronic components.  ******
(1)  ******
(2)  ******.
(3)  A large quantity handler of universal waste may disassemble universal waste electronic devices provided the handler:
(i)  ******
(ii)  ******
(iii)  ******
(iv)  Transfers the disassembled electronic components directly into containers that are structurally sound and are compatible with the material;
(v)  ******
(vi)  ******
(4)(i)  ******
(ii) ******
(iii)  ******
(5)  A large quantity handler of universal waste who conducts shredding, crushing, or other size-reduction activities of electronic devices to reduce its volume or make them more suitable for recycling or reclamation would not require a permit for treatment of hazardous waste provided the handler:
(i)   Ensures that the universal waste electronic devices are size-reduced in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(ii)  Ensures that the size-reduction operations are performed safely by developing and implementing a written procedure detailing how to safely size-reduce each universal waste electronic device managed at the facility.  This procedure must include: the type of equipment to be used to size-reduce the universal waste electronic devices safely; operation and maintenance of all equipment; proper waste management practices, and waste characterization;
(iii) Transfers the size-reduced material directly into containers that are structurally sound and are compatible with the material;  
(iv)  Ensures that employees are thoroughly familiar with the written procedures developed pursuant to subparagraph (ii) above for size-reduction of the universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and
(v) Maintains a system to ensure compliance with the written size-reduction and management procedures for the universal waste electronic devices.

9) Add Section 8.72 {Statement of Basis and Purpose for the Rulemaking Hearing of February 16, 2010} to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 16, 2010

8.72 	Basis and Purpose.
These amendments to 6 CCR 1007-3, Parts 261 and 273 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Universal Waste Amendments
These amendments to Parts 261 and 273 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) clarify the scope of the Part 273 regulations and amend the waste management standards for small and large quantity handlers of universal waste.
The Part 273 Universal Waste Regulations include certain hazardous wastes that are commonly generated by a wide variety of generators, including retail and commercial businesses, government agencies and schools.  Colorado’s Part 273 Universal Waste Regulations include management standards for batteries, pesticides, mercury-containing devices, aerosol cans, lamps, electronic devices and electronic components. 
The Part 273 regulations provide an alternative set of reduced management standards that a generator can follow instead of the full hazardous waste requirements of the Colorado Hazardous Waste Regulations.  The Part 273 regulations were designed to reduce the regulatory burden on non-residential entities that generate these universal wastes and to encourage recycling, while at the same time reducing the amount of hazardous waste items illegally sent to municipal solid waste landfills, thus reducing a potential threat to public health and the environment. Although these same wastes are not regulated as hazardous wastes if generated by residential consumers, the Division encourages households to recycle these wastes, or dispose of them through a local household hazardous waste collection event or facility. 
The amendments being adopted at this time include:
1)	Modifying § 261.9(a) and § 273.1 (b) to clarify that if a waste handler chooses to manage their universal waste under the Part 273 Regulations, but fails to meet those requirements, the waste handler remains subject to, and must comply with, all applicable requirements of the Colorado Hazardous Waste Regulations (6 CCR 1007-3), Parts 260 through 268, 99, and 100.  The Division has recently inspected several facilities that were not managing their universal wastes in compliance with the universal waste rules.  These facilities did not understand that this made them subject to the hazardous waste rules in Parts 260 through 268, 99, and 100.
2)	Correcting a typographical error in paragraphs (i) and (ii) of § 273.2(d)(2) by replacing the reference to § 273.6 with the proper cite reference of § 273.9. 
3)	Revising the definition of “Electronic component” in § 273.9 by removing the last sentence regarding intact devices.  Since this rule was promulgated, the University of Florida conducted toxicity tests on other electronic devices like CPUs, cell phones and VCRs.  These tests indicated that many intact electronic devices would likely fail the toxicity test for lead, mainly due to the circuit boards and other soldered components in the devices. 
4)	Revising the waste management standards in § 273.13 and § 273.33 for small and large quantity handlers of universal waste by:
a.   Amending § 273.13(e)(1) and § 273.33(e)(1) to specify that small and large quantity handlers of universal waste lamps must contain the lamps in “appropriately-sized” containers to prevent breakage of the lamps and the release of mercury. 
b.   Amending § 273.13(f)(3)(iv) and § 273.33(f)(3)(iv) to incorporate the applicable container management requirements of § 262.34 by specifying that universal waste handlers of electronic devices who disassemble the electronic devices must transfer the disassembled electronic components directly into containers that are structurally sound and are compatible with the material. 
c.   Amending § 273.13(f) and § 273.33(f) to add conditions (f)(5) through (f)(5)(v) for handlers conducting shredding, crushing, or other size-reduction activities of electronic devices to reduce their volume or make them more suitable for recycling or reclamation.  This section is being amended to allow current industry practices of shredding hard drives, performing laser separation of CRT panel glass from funnel glass, and crushing CRT glass.  These practices were not common at the time the regulations were originally promulgated.
As part of the waste management standards of §§ 273.13(f) and 273.33(f), handlers who conduct shredding, crushing, or other size-reduction activities of electronic devices to reduce their volume or make them more suitable for recycling or reclamation would not require a permit for treatment of hazardous waste provided the handler:
1)	Ensures that the universal waste electronic devices are size-reduced in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
2)	Ensures that the size-reduction operations are performed safely by developing and implementing a written procedure detailing how to safely size-reduce each universal waste electronic device managed at the facility.  This procedure must include: the type of equipment to be used to size-reduce the universal waste electronic devices safely; operation and maintenance of all equipment; proper waste management practices, and waste characterization;
3)	Transfers the size-reduced material directly into containers that are structurally sound and are compatible with the material;  
4)	Ensures that employees are thoroughly familiar with the procedures for size-reduction of the universal waste electronic devices, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; and
5)	Maintains a system to ensure compliance with the written size-reduction and management procedures for the universal waste electronic devices.
Handlers of universal waste who disassemble electronic devices into components, or who generate other solid waste as a result of such activities must determine whether the separated components and/or other solid wastes exhibit a characteristic of hazardous waste.  If the separated electronic components or other solid wastes generated exhibit a characteristic of hazardous waste, they must be managed in compliance with all applicable requirements of Parts 260 through 268, and Parts 99 and 100 of the Colorado Hazardous Waste Regulations 6 CCR 1007-3.  Alternatively, separated electronic components generated may continue to be managed as universal wastes under Part 273.  If the separated electronic components do not exhibit a characteristic of hazardous waste, they are not subject to the hazardous waste requirements, nor are they subject to the requirements of Part 273.  This waste is, however, required to be handled in compliance with applicable federal, state, and local solid waste regulations.
Additional guidance on the Part 273 Universal Waste Regulations, and the management of electronic wastes, is available on the Division’s website at http://www.cdphe.state.co.us/hm/hw/hwpubs.htm.