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 August 21, 2007:

Part 279 Used Oil Amendments

1) Amend Section 279.1 by revising the definition for “Used oil collection center” to read as follows: 

§ 279.1  Definitions.

Terms that are defined in §§ 260.10 and 261.1 of these regulations, and 40 CFR § 280.12 have the same meanings when used in this part.

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Used oil collection center means any site or facility that has notified the Department as a used oil collection center and has received an EPA identification number to manage used oil and accepts/aggregates and stores used oil collected from used oil generators regulated under Subpart C of this part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of § 279.24. Used oil collection centers may also accept used oil from household do-it-yourselfers. A used oil collection center that has not received an EPA identification number may obtain one by applying to the Department using the Colorado Hazardous Waste Notification Form.  Upon receiving the request, the Department will forward an EPA identification number to the facility.  A used oil collection center that has already received an EPA Identification Number for another purpose must submit a revised notification per the requirements of Part 99 of these regulations.

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2) Amend Section 279.24 by revising paragraph (a)(3) to read as follows:

§ 279.24  Off-site shipments.

Except as provided in paragraphs (a) through (c) of this section, generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers.

(a)  Self-transportation of small amounts to approved collection centers. Generators may transport, without an EPA identification number, used oil that is generated at the generator's site and used oil collected from household do-it-yourselfers to a used oil collection center provided that:
(1)  The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator.
(2)  The generator transports no more than 55 gallons of used oil at any time; and
(3)  The generator transports the used oil to a used oil collection center that has notified the Department as a used oil collection center and has received an EPA identification number to manage used oil.
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3) Amend Section 279.31 to read as follows:

§ 279.31  Used oil collection centers.

(a)  Applicability. This section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts/aggregates and stores used oil collected from used oil generators regulated under Subpart C of this part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of § 279.24(a). Used oil collection centers may also accept used oil from household do-it-yourselfers.

(b)  Used oil collection center requirements. Owners or operators of all used oil collection centers must:
(1)  Comply with the generator standards in Subpart C of this part; and
(2)  Notify the Department as a used oil collection center and receive an EPA identification number to manage used oil; and
(3)  Not burn used oil that they have received from another used oil generator, other than a household do-it-yourselfer, in a used oil-fired space heater unless that oil has been determined to be in compliance with § 279.11.

4) Amend Section 279.81 to read as follows:

§ 279.81  Disposal.

(a)  Disposal of hazardous used oils. Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this part must be managed in accordance with the hazardous waste management requirements of Parts 260 through 268, and Part 100 of these regulations.

(b)  Disposal of nonhazardous used oils. Used oils that are not hazardous wastes and cannot be recycled under this part must be disposed in accordance with the requirements of the Colorado Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2).

5) Add Section 8.65 {Statement of Basis and Purpose for the Rulemaking Hearing of August 21, 2007} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of August 21, 2007

8.65 	Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 279 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Part 279 Used Oil Amendments

These amendments revise sections 279.1, 279.24(a)(3), 279.31(b) and 279.81(b) of Colorado’s Part 279 Standards for the Management of Used Oil.

The amendments being adopted at this time include the following:

a.	Revision of the definition of “Used oil collection center” in § 279.1: Section 279.1 of the Colorado Hazardous Waste Regulations is being amended at this time by revising the definition of a Used Oil Collection Center to require notification to the Department using the Colorado Hazardous Waste Notification form. This requirement is not considered to be more stringent than the federal requirements because the existing definition already required that a used oil collection center be “registered/licensed/permitted/recognized by a state/county/municipal government to manage used oil ...”  At this time, there is no uniform means for a used oil collection center to be registered, licensed, permitted or recognized by a state, county or municipal government.  The purpose of this amendment is to assist used oil collection centers by providing a recognized statewide mechanism for notification and recognition.  Notification will also provide a means for used oil generators regulated under Subpart C of Section 279 and household do-it-yourselfers to identify legitimate used oil collection centers.

b.	Revision of § 279.24(a)(3): Section 279.24(a)(3) of the Colorado Hazardous Waste Regulations regarding off-site shipments of used oil is being amended at this time by incorporating the notification requirement as included in the revised definition of a used oil collection center in order to remain consistent with the definition.

c.	Revision of § 279.31(b)(2):  Section 279.31(b)(2) of the Colorado Hazardous Waste Regulations regarding used oil collection centers is being amended at this time by incorporating the notification requirement as included in the revised definition of a used oil collection center in order to remain consistent with the definition.  

d.	Addition of § 279.31(b)(3):  A new Section 279.31(b)(3) is being added to the Colorado Hazardous Waste Regulations regarding used oil collection centers to reiterate the limits on the burning of used oil in a space heater at a used oil collection center to used oil generated by the owner or operator of the collection center or used oil brought to the collection center by household do-it-yourselfers.  Inclusion of this new section is necessary because some owner/operators of used oil collection centers may not understand the regulatory distinction between being the generator of used oil and generally meeting the requirements for a generator of used oil.  This distinction is important in that Section 279.23 specifies that used oil burned in an on-site space heater must be used oil that the owner or operator generates or used oil received from household do-it-yourselfers.  This amendment also allows used oil that has been determined to meet the used oil fuel specifications in Section 279.11 to be burned in the space heater as long as the person making that determination complies with applicable standards for used oil fuel marketers in Subpart H of Part 279.

e.	Revision of § 279.81(b): Section 279.81(b) of the Colorado Hazardous Waste Regulations regarding disposal of nonhazardous used oil is being amended at this time to require that the disposal of nonhazardous used oils that cannot be recycled be disposed of in accordance with the state regulations pertaining to solid waste sites and facilities in 6 CCR 1007-2 rather than the federal requirements in 40 CFR Parts 257 and 258.  At this time, the requirements for disposal of nonhazardous used oil are the same under both regulatory programs.  This change is being made in order to keep the state hazardous waste regulations consistent with the state solid waste regulations should any changes become necessary in the future.  Any future changes to the state solid waste regulations that are more stringent than the federal requirements of 40 CFR Parts 257 and 258 regarding the management of nonhazardous liquid wastes will have to be reviewed in the context of indirectly making the state hazardous waste regulations more stringent than the federal hazardous waste regulations.