DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Hazardous Waste Generator Improvements Rule.

(Adopted by the Solid and Hazardous Waste Commission on May 15, 2018)

1) Amend Section 260.10 by adding the following definitions in alphabetical order to read as follows:  

§ 260.10 Definitions

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“Acute hazardous waste” means hazardous wastes that meet the listing criteria in § 261.11(a)(2) and therefore are either listed in § 261.31of these regulations with the assigned hazard code of (H) or are listed in § 261.33(e) of these regulations.

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“Central accumulation area(s)” means any on-site hazardous waste accumulation area(s) with hazardous waste accumulating in units subject to either § 262.16 (for small quantity generators) or § 262.17 of these regulations (for large quantity generators).  

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“Non-acute hazardous waste” means all hazardous wastes that are not acute hazardous waste, as defined in this section.

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“Very Small Quantity Generator (VSQG)” is a generator who generates less than or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations; and
(3) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations.

2) Amend Section 260.10 by revising the following definitions to read as follows:  

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"Large Quantity Generator (LQG)" is a generator who generates any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations; or
(3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations.

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"Small Quantity Generator (SQG)" is a generator who generates the following amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations; and
(3) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations.

3) Amend Section 260.10 by deleting the definition of Conditionally Exempt Small Quantity Generator (CESQG) as follows:  

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"Conditionally Exempt Small Quantity Generator (CESQG)" means a generator who meets the conditions specified in § 261.5 of these regulations.

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4) Amend Section 260.11 by revising the section heading and paragraph (d)(1) to read as follows:

§ 260.11 Incorporation by reference.

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(d) The following materials are available for purchase from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.

(1) “Flammable and Combustible Liquids Code” (NFPA 30), 1977 or 1981, IBR approved for §§ 262.16(b), 264.198(b), and 265.198(b).

(2) [Reserved]

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5) Amend Section 260.42 by revising paragraphs (a), (a)(9) and (b) to read as follows:

§ 260.42  Notification requirement for hazardous secondary materials.

(a) Facilities managing hazardous secondary materials under § 260.30 must send a notification prior to operating under the regulatory provision and by March 1 of each even-numbered year thereafter to the Department using EPA Form 8700-12 that includes the following information:

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(9) The certification (included in EPA Form 8700-12) signed and dated by an authorized representative of the facility.

(b) If a facility managing hazardous secondary materials has submitted a notification, but then subsequently stops managing hazardous secondary materials in accordance with the regulation(s) listed above, the facility must notify the Department within thirty (30) days using EPA Form 8700-12. For purposes of this section, a facility has stopped managing hazardous secondary materials if the facility no longer generates, manages and/or reclaims hazardous secondary materials under the regulation(s) above and does not expect to manage any amount of hazardous secondary materials for at least 1 year.

6) Amend Section 260.43 by revising paragraph (a)(4)(iii) to read as follows:

§ 260.43  Legitimate recycling of hazardous secondary materials.

(a) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste regulations must be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. In determining if their recycling is legitimate, persons must address all the requirements of this paragraph.

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	(4) The product of the recycling process must be comparable to a legitimate product or intermediate:

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(iii) If the product of the recycling process has levels of hazardous constituents that are not comparable to or unable to be compared to a legitimate product or intermediate per paragraph (a)(4)(i) or (ii) of this section, the recycling still may be shown to be legitimate, if it meets the following specified requirements. The person performing the recycling must conduct the necessary assessment and prepare documentation showing why the recycling is, in fact, still legitimate. The recycling can be shown to be legitimate based on lack of exposure from toxics in the product, lack of the bioavailability of the toxics in the product, or other relevant considerations which show that the recycled product does not contain levels of hazardous constituents that pose a significant human health or environmental risk. The documentation must include a certification statement that the recycling is legitimate and must be maintained on-site for three years after the recycling operation has ceased. The person performing the recycling must notify the Department of this activity using EPA Form 8700-12.

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7) Amend the Table of Contents for Part 261 by revising the listing for section 261.5 to read as follows:  

PART 261   IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

	Subpart A   General
Sec.
261.1	Purpose and scope. 
261.2	Definition of solid waste. 
261.3	Definition of hazardous waste. 
261.4	Exclusions.
261.5	Reserved.
261.6	Requirements for recyclable materials.
261.7	Residues of hazardous waste in empty containers.
261.8	PCB wastes regulated under Toxic Substance Control Act.
261.9	Requirements for Universal Waste.

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8) Amend Section 261.1 by revising paragraph (a)(1) to read as follows:  

§ 261.1 Purpose and scope. 

(a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under Parts 262 through 268 and Part 100 and which are subject to the notification requirements of Part 99.  In this part: 

(1) Subpart A defines the terms "solid waste" and "hazardous waste," identifies those wastes which are excluded from regulation under Parts 262 through 268, 99 and Part 100 of these regulations and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste which is recycled.

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9) Amend Section 261.4 by revising paragraphs (a)(9) and (e)(1) to read as follows:  

§ 261.4 Exclusions.

(a) Materials which are not solid wastes.  The following materials are not solid wastes for the purpose of this Part:

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(9) Spent sulfuric acid used to produce virgin sulfuric acid, provided it is not accumulated speculatively as defined in § 261.1(c) of these regulations.

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(e) Treatability Study Samples.

(1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in § 260.10, are not subject to any requirement of Parts 261 through 263 of these regulations or to the notification requirements of Section 99 of the Colorado Hazardous Waste Regulations, nor are such samples included in the quantity determinations of § 262.13 when:

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10) Remove and reserve Section 261.5 to read as follows:  

§ 261.5 Reserved 

11) Amend Section 261.6 by adding paragraph (c)(2)(iv) to read as follows:  

§ 261.6 Requirements for recyclable materials.

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(c)(1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of Subparts A through L, AA, BB, and CC of Parts 264 and 265, Parts 266 through 268 and Part 100 of these regulations and the notification requirements of Part 99 of these regulations, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in § 261.6(d).)

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in paragraph (a) of this section: 

(i) Notification requirements of Part 99 of these regulations; 

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of these regulations. 

(iii) Section 261.6(d) of these regulations.

(iv) Section 265.75 of these regulations (biennial reporting requirements).

12) Amend Section 261.11 by revising paragraph (c) to read as follows:  

§ 261.11 Criteria for listing hazardous waste. 

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(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits referred to in § 262.13.

13) Amend Section 261.30 by revising paragraph (d) to read as follows:  

§ 261.30 General.

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(d) The following hazardous wastes listed in § 261.31 or § 261.32 are subject to the exclusion limits for acutely hazardous wastes established in § 262.13: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, F027.

14) Amend Section 261.33 by revising paragraphs (e) introductory text and (f) introductory text to read as follows:  

§ 261.33  Discarded commercial chemical products, off specification species, container
residues, and spill residues thereof.

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(e) The commercial chemical products, manufacturing chemical intermediates or off specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H).

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(f) The commercial chemical products, manufacturing chemical intermediates, or off specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated.  

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15) Amend the Table of Contents for Part 262 by revising Subparts A through D; adding and reserving Subparts I through K; and adding Subparts L and M to read as follows:  

PART 262   STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

Subpart A   General
Sec.
262.1	Terms used in this part.
262.9   Generator Annual Fees
262.10	Purpose, scope, and applicability.
262.11	Hazardous waste determination. 
262.12	Reserved.
262.13 Generator category determination.
262.14	Conditions for exemption for a very small quantity generator.
262.15	Satellite accumulation area regulations for small and large quantity generators.
262.16	Conditions for exemptions for a small quantity generator that accumulates hazardous waste.
262.17	Conditions for exemptions for a large quantity generator that accumulates hazardous waste.
262.18 EPA identification numbers and re-notification for very small quantity generators, small quantity generators, and large quantity generators.

Subpart B    Manifest Requirements Applicable to Small and Large Quantity Generators 

262.20	General requirements.
262.21	Manifest tracking numbers, manifest printing, and obtaining manifests.
262.22	Number of copies.
262.23	Use of the manifest.
262.24-262.26  Reserved.
262.27	Waste minimization certification.

Subpart C   Pre–Transport Requirements Applicable to Small and Large Quantity Generators

262.30 	Packaging. 
262.31	Labeling.
262.32	Marking.
262.33	Placarding.
262.34	Reserved.
262.35	Liquids in Landfills prohibition. 

Subpart D   Recordkeeping and Reporting Applicable to Small and Large Quantity Generators

262.40	Recordkeeping.
262.41	Biennial report for large quantity generators.
262.42	Exception reporting.
262.43	Additional reporting.
262.44	Recordkeeping for small quantity generators.

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Subparts I – K [Reserved]   

Subpart L – Episodic Generation   

262.230  Applicability.

Subpart M – Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators   

262.250  Applicability.
262.251  Maintenance and operation of facility.
262.252  Required equipment.
262.253 Testing and maintenance of equipment.
262.254 Access to communications or alarm system.
262.255 Required aisle space.
262.256 Arrangements with local authorities.
262.257-262.259 Reserved.
262.260 Purpose and implementation of contingency plan.
262.261 Content of contingency plan.
262.262 Copies of contingency plan.
262.263 Amendment of contingency plan.
262.264 Emergency coordinator.
262.265 Emergency procedures.

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16) Amend Subpart A of Part 262 by adding Section 262.1 to read as follows:  

§ 262.1 Terms used in this part.

As used in this part:

“Condition for exemption” means any requirement in §§ 262.14, 262.15, 262.16, 262.17, 262.70, or subpart L of this part that states an event, action, or standard that must occur or be met in order to obtain an exemption from any applicable requirement in parts 264 through 268, and 100 of these regulations.

“Independent requirement” means a requirement of Part 262, 268, or 99 that states an event, action, or standard that must occur or be met; and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from storage facility permit, interim status, and operating requirements under  §§ 262.14, 262.15, 262.16, 262.17, or subpart L of this part.  

17) Amend Section 262.10 by: revising paragraphs (a) and (b); removing and reserving paragraph (c); and revising paragraphs (d), (g) and (i) to read as follows:  

§ 262.10 Purpose, scope, and applicability. 

(a) The regulations in this part establish standards for generators of hazardous waste as defined in § 260.10 of these regulations. 

(1) A person who generates a hazardous waste as defined in § 260.10 of these regulations must comply with all the applicable independent requirements in the subparts and sections listed below:

(i) Independent requirements of a very small quantity generator. 
(A) Section 262.9 Generator Annual Fees.
(B) Section 262.11(a) through (d) Hazardous waste determination and recordkeeping; and
(C) Section 262.13 Generator category determination.
(D) Section 262.18 EPA Identification numbers and re-notification for very small quantity generators, small quantity generators, and large quantity generators; 
(E) Section 262.43 Additional reporting.
(F) Part 99 notification requirements for VSQGs that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004 and/or F005.

(ii) Independent requirements of a small quantity generator.
(A) Section 262.9 Generator Annual Fees.
(B) Section 262.11 Hazardous waste determination and recordkeeping:
(C) Section 262.13 Generator category determination;
(D) Section 262.18 EPA Identification numbers and re-notification for very small quantity generators, small quantity generators, and large quantity generators;
(E) Part 262 subpart B – Manifest requirements applicable to small and large quantity generators;
(F) Part 262 subpart C – Pre-transport requirements applicable to small and large quantity generators;
(G) Section 262.40 Recordkeeping;
(H) Section 262.43 Additional Reporting.
(I) Section 262.44 Recordkeeping for small quantity generators; and
(J) Part 262 subpart H – Transboundary movements of hazardous waste for recovery or disposal.
(K) Part 268 Land Disposal Restrictions.
(L) Part 99 Notification Requirements.

 (iii) Independent requirements of a large quantity generator.
(A) Section 262.9 Generator Annual Fees.
(B) Section 262.11 Hazardous waste determination and recordkeeping:
(C) Section 262.13 Generator category determination;
(D) Section 262.18 EPA Identification numbers and re-notification for very small quantity generators, small quantity generators, and large quantity generators;
(E) Part 262 subpart B – Manifest requirements applicable to small and large quantity generators;
(F) Part 262 subpart C – Pre-transport requirements applicable to small and large quantity generators;
(G) Part 262 subpart D – Recordkeeping and reporting applicable to small and large quantity generators, except § 262.44; and
(H) Section 262.43 Additional Reporting.
(I) Part 262 subpart H – Transboundary movements of hazardous waste for recovery or disposal.
(J) Part 268 Land Disposal Restrictions.
(K) Part 99 Notification Requirements.

(2) A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of parts 264 through 267, 99 and 100 of these regulations, unless it is one of the following:

(i) A very small quantity generator that meets the conditions for exemption in § 262.14;

(ii) A small quantity generator that meets the conditions for exemption in § 262.15 and § 262.16; or

(iii) ) A large quantity generator that meets the conditions for exemption in § 262.15 and § 262.17; or

(3) A generator shall not transport, offer its hazardous waste for transport; or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 260.10 of these regulations, or not otherwise authorized to receive the generator’s hazardous waste.

(b) Determining generator category. A generator must use § 262.13 to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.  

(c) Reserved. 

(d) Any person who exports or imports wastes must comply with § 262.18 and Subpart H of this part.  

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this Part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of § 262.70 is not required to comply with other standards in this Part or Parts 99, 100, 264, 265, 266, or 268 with respect to such pesticides.

(g)(1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under section 3008 of RCRA and sections 25-15-308, C.R.S. through 25-15-310, C.R.S.  

(2) A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under section 3008 of RCRA and sections 25-15-308, C.R.S. through 25-15-310, C.R.S. as a violation of a Part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in Parts 264 through 267, and 100 of these regulations. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under section 3008 of RCRA and sections 25-15-308, C.R.S. through 25-15-310, C.R.S.  .

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Part. 

(i) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health, and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24-4-103.

18) Amend Section 262.11 to read as follows:  

§ 262.11 Hazardous waste determination and recordkeeping. 

A person who generates a solid waste, as defined in § 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable hazardous waste regulations.  A hazardous waste determination is made using the following steps:  

(a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the hazardous waste classification of the waste may change.

(b) A person must determine whether the solid waste is excluded from regulation under § 261.4 of these regulations.

(c) If the waste is not excluded under § 261.4 of these regulations, the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subpart D of Part 261 of these regulations. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under § 260.20 and § 260.22 to demonstrate to the Department that the waste from this particular site or operation is not a hazardous waste.

(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in Subpart C of Part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both.

(1) The person must apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include process knowledge (e.g., information about chemical feedstocks and other inputs to the production process); knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in Subpart C of Part 261 of these regulations, or an equivalent test method approved by the Department under § 260.21 of these regulations, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at § 260.10 of these regulations.

(2) When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in subpart C of Part 261of these regulations or according to an equivalent method approved by the Department under § 260.21 of these regulations and in accordance with the following:

(i) Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at § 260.10 of these regulations.

(ii) Where a test method is specified in Subpart C of Part 261 of these regulations, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste.

(e) If the waste is determined to be hazardous, the generator must refer to Parts 261, 264, 265, 267, 268, and 273 of these regulations for other possible exclusions or restrictions pertaining to management of the specific waste.

(f) Recordkeeping for small and large quantity generators. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by § 261.3 of these regulations. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generator's knowledge of the waste and support the generator's determination, as described at paragraphs (c) and (d) of this section. The records must include, but are not limited to, the following types of information: The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and records which explain the knowledge basis for the generator's determination, as described at paragraph (d)(1) of this section. The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

(g) Identifying hazardous waste numbers for small and large quantity generators. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in Subparts C and D of Part 261 of these regulations. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to § 262.32 of these regulations.

19) Remove and reserve Section 262.12 to read as follows:  

§ 262.12 Reserved.

20) Renumber Section 262.13 Generator Annual Fees as Section 262.9, and revise to read as follows:  

§ 262.9 Generator Annual Fees.

(a) Pursuant to the fee requirements of section 25-15-302, C.R.S., generators of hazardous waste shall be assessed the following annual fees for each calendar year:

1)  Very Small Quantity Generators (VSQGs) that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005: $200

2) Small quantity generators (SQGs): $625*  

3) Large quantity generators (LQGs): $3,200** 

*Note: VSQGs that operate at the SQG status for four or more calendar months of the year will be assessed the SQG fee level.

**Note: VSQGs and SQGs that operate at the LQG status for less than four (4) months in the same calendar year will be assessed either the VSQG or SQG fee level upon notification to the Department.

21) Amend Subpart A of Part 262 by adding a new Section 262.13 to read as follows:  

§ 262.13 Generator category determination.

A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in § 260.10 of these regulations.

(a) Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:

(1) Counting the total amount of hazardous waste generated in the calendar month;

(2) Subtracting from the total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section; and

(3) Determining the resulting generator category for the hazardous waste generated using Table 1 of this section.

(b) Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:

(1) Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month;

(2) Subtracting from each total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section;

(3) Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 of this section; and

(4) Comparing the resulting generator categories from paragraph (b)(3) of this section and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.

Table 1 to § 262.13—Generator Categories Based on Quantity of Waste Generated in a Calendar Month	
Quantity of acute hazardous waste generated in a calendar month	Quantity of non-acute hazardous waste generated in a calendar month	Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month	Generator category	
> 1 kg	Any amount	Any amount	Large quantity generator. 	
Any amount	≥ 1,000 kg	Any amount	Large quantity generator.	
Any amount	Any amount	> 100 kg	Large quantity generator.	
≤ 1 kg	> 100 kg and < 1,000 kg	≤ 100 kg	Small quantity generator.	
≤ 1 kg	≤ 100 kg	≤ 100 kg	Very small quantity generator. 	

(c) When making the monthly quantity-based determinations required by this part, the generator must include all hazardous waste that it generates, except hazardous waste that:

(1) Is exempt from regulation under § 261.4(c) through (f), § 261.6(a)(3), § 261.7(a)(1), or § 261.8 of these regulations;

(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in § 260.10 of these regulations;

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under § 261.6(c)(2) of these regulations;

(4) Is used oil managed under the requirements of § 261.6(a)(4) and Part 279 of these regulations;

(5) Is spent lead-acid batteries managed under the requirements of Part 267 Subpart G of these regulations;

(6) Is universal waste managed under § 261.9 and Part 273 of these regulations;

(7) Reserved. 

(8) Reserved. 

(d) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:

(1) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once;

(2) Hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and

(3) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once.

(e) Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in § 262.10 of these regulations. A generator's category also determines which of the provisions of §§ 262.14, 262.15, 262.16 or 262.17 of these regulations must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.

(f) Mixing hazardous wastes with solid wastes—(1) Very small quantity generator wastes. 

(i) Hazardous wastes that exhibit one or more hazardous characteristics as identified in Subpart C of Part 261 that are generated by a very small quantity generator may be mixed with solid wastes. Very small quantity generators may mix a portion or all of its characteristic hazardous waste with solid waste and remain subject to § 262.14 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator at § 260.10 of these regulations, unless the resulting mixture exhibits one or more of the characteristics of hazardous waste identified in Part 261 subpart C of these regulations.

(ii) If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly-generated hazardous waste. The very small quantity generator must count both the resultant mixture amount plus all other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories found in § 260.10 of these regulations. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

(iii) If a very small quantity generator's characteristic wastes are mixed with used oil, and the resulting mixture does not exhibit any hazardous waste characteristic, the mixture is subject to Part 279 of these regulations. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under Part 279 of these regulations.

(iv) If a very small quantity generator mixes any hazardous waste listed in subpart D of Part 261 of these regulations with used oil, the resultant mixture is a newly generated listed hazardous waste and must be managed as hazardous waste. The very small quantity generator must count both the resultant mixture amount plus all other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories found in § 260.10 of these regulations. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

(2) Small quantity generator and large quantity generator wastes. (i) Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule in §§ 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of dilution rule at § 268.3(a); the land disposal restriction requirements of § 268.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement at § 262.11.

(ii) If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly-generated hazardous waste. A small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories found in § 260.10 of these regulations. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator must meet the conditions for exemption applicable to a large quantity generator. The small quantity generator must also comply with the applicable independent requirements for a large quantity generator.

22)  Amend Subpart A of Part 262 by adding Section 262.14 to read as follows:  

§ 262.14  Conditions for exemption for a very small quantity generator.

(a) Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of Part 262 (except §§ 262.9-262.14 and 262.18) and Parts 264 through 268, and 100 of these regulations, and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. The conditions for exemption are as follows:

(1) In a calendar month the very small quantity generator generates less than or equal to the amounts specified in the definition of “very small quantity generator” in § 260.10 of these regulations;

(2) The very small quantity generator complies with § 262.11(a) through (d);

(3) If the very small quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §§ 261.31 or 261.33(e) of these regulations, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and

(ii) The conditions for exemption in § 262.17(a) through (g).

(4) If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;

(ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); and

(iii) The conditions for exemption in § 262.16(b)(2) through (f).

(5) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs (a)(3) and (4) of this section must either treat  its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under Part 264 and Part 100 of these regulations;

(ii) In interim status under Parts 265 and 100 of these regulations;

(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271;

(iv) A solid waste landfill specifically authorized by the Department and county pursuant to Section 30-20-101 et. seq., C.R.S. to accept hazardous waste from a VSQG.  Before disposing of hazardous waste in such a manner, check with the Department to see if there are any solid waste landfills specifically authorized to accept the waste.

(v) Reserved;

(vi) A facility which:

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;

(vii) For universal waste managed under Part 273 of these regulations, a universal waste handler or destination facility subject to the requirements of Part 273 of these regulations;

(viii) A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:

(A) The very small quantity generator and the large quantity generator are under the control of the same person as defined in § 260.10 of these regulations. “Control,” for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in § 260.10 of these regulations shall not be deemed to “control” such generators.

(B) The very small quantity generator marks its container(s) of hazardous waste with:

(1) The words “Hazardous Waste” and

(2) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

(b) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(c) A very small quantity generator experiencing an episodic event must generate and accumulate hazardous waste in accordance with subpart L of this part.

(d) Very small quantity generators shall comply with § 262.16(b)(8)(i)  relating to maintaining and operating their facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.

23)  Amend Subpart A of Part 262 by adding Section 262.15 to read as follows:  

§ 262.15  Satellite accumulation area regulations for small and large quantity generators.

(a) A generator may accumulate as much as 55 gallons of non-acute hazardous waste and/or either one quart of liquid acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations or 1 kg (2.2 lbs) of solid acute hazardous waste listed in § 261.31 or § 261.33(e) of these regulations in containers at or near any point of generation where wastes initially accumulate which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with the requirements of Parts 264 through 267, and 100 of these regulations, provided that all of the conditions for exemption in this section are met. A generator may comply with the conditions for exemption in this section instead of complying with the conditions for exemption in § 262.16(b) or § 262.17(a), except as required in § 262.15(a)(7), (8), and (9). The conditions for exemption for satellite accumulation are:

(1) If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with § 262.16(b) or § 262.17(a).

(2) The generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(3) Special standards for incompatible wastes:

(i) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of Part 265 for examples) must not be placed in the same container, unless § 265.17(b) of these regulations is complied with.

(ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V of Part 265 for examples), unless § 265.17(b) of these regulations is complied with.

(iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. 

(4) A container holding hazardous waste must be closed at all times during accumulation, except when adding, removing, or consolidating waste. The temporary venting of a container may be allowed on a case-by-case basis with prior written approval from the Department.

(5) A generator must mark or label its container with the following:

(i) The words “Hazardous Waste” and

(ii) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

(6) A generator who accumulates either acute hazardous waste listed in § 261.31 or § 261.33(e) of  these regulations or non-acute hazardous waste in excess of the amounts listed in paragraph (a) of this section at or near any point of generation must do the following:

(i) Comply within 24 hours with the applicable central accumulation area regulations in § 262.16(b) or § 262.17(a), or

(ii) Remove the excess from the satellite accumulation area within 24 hours to either:

(A) A central accumulation area operated in accordance with the applicable regulations in § 262.16(b) or § 262.17(a);

(B) An on-site interim status or permitted treatment, storage, or disposal facility, or

(C) An off-site designated facility; and

(iii) During the 24 hour period the generator must continue to comply with paragraphs (a)(1) through (5) of this section. The generator must mark or label the container(s) holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

(7) All satellite accumulation areas operated by a small quantity generator must meet the preparedness and prevention regulations of § 262.16(b)(8) and emergency procedures at § 262.16(b)(9).

(8) All satellite accumulation areas operated by a large quantity generator must meet the Preparedness, Prevention and Emergency Procedures in Subpart M of this part.

(9) All satellite accumulation areas operated by a small quantity generator or a large quantity generator must be inspected at least weekly, in compliance with § 262.16(b)(2)(iv) and § 262.17(a)(1)(v).

(b) [Reserved]

24)  Amend Subpart A of Part 262 by adding Section 262.16 to read as follows:  

§ 262.16  Conditions for exemption for a small quantity generator that accumulates hazardous waste.

A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of Parts 264 through 267, and 100 of these regulations, provided that all the conditions for exemption listed in this section are met:

(a) Generation. The generator generates in a calendar month no more than the amounts specified in the definition of “small quantity generator” in § 260.10 of these regulations.

(b) Accumulation. The small quantity generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (d) and (e) of this section. The following accumulation conditions also apply:

(1) Accumulation limit. The quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds);

(2) Accumulation of hazardous waste in containers—(i) Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.

(ii) Compatibility of waste with container. The small quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(iii) Management of containers. (A) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.

(B) A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(iv) Inspections. At least weekly, the small quantity generator must inspect all areas where hazardous waste is stored or accumulated. The small quantity generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard.  Where a hazard is imminent or has already occurred, remedial action must be taken immediately.  The small quantity generator must inspect for all of the following:

(A)	 Leaking containers and deterioration of containers caused by corrosion or other factors, see paragraph (b)(2)(i) of this section for remedial action required if deterioration or leaks are detected.
(B)		Compliance with § 262.16(b)(2)(i) – Condition of containers.
(C)	 Compliance with § 262.16(b)(2)(ii) – Compatibility of waste with container.
(D)	 Compliance with § 262.16(b)(2)(iii) – Management of containers.
(E)	 Compliance with § 262.16(b)(2)(v) – Special conditions for accumulation of incompatible wastes.
(F)	 Compliance with § 262.16(b)(6) – Labeling and marking of containers and tanks.”

(v) Special conditions for accumulation of incompatible wastes. 

(A) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of Part 265 for examples) must not be placed in the same container, unless § 265.17(b) of these regulations is complied with.

(B) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V of Part 265 for examples), unless § 265.17(b) of these regulations is complied with.

(C) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.*

* 	Re-use of containers in transportation is governed by U.S. Department of Transportation regulations and the Colorado Public Utilities Commission, including those set forth in 49 CFR § 173.28.

(3) Accumulation of hazardous waste in tanks. 

(i) [Reserved]

(ii) A small quantity generator of hazardous waste must comply with the following general operating conditions:

(A) Treatment or accumulation of hazardous waste in tanks must comply with § 265.17(b) of these regulations.

(B) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(C) Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.

(D) Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).

(iii) Except as noted in paragraph (b)(3)(iv) of this section, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:

(A) Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;

(B) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;

(C) The level of waste in the tank at least once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of this section;

(D) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and

(E) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(iv) A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, where applicable, the areas identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the generator.

(v) [Reserved]

(vi) A small quantity generator accumulating hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with § 261.3(c) or (d) of these regulations, that any solid waste removed from its tank is not a hazardous waste, then it must manage such waste in accordance with all applicable provisions of Parts 262, 263, 265 and 268 of these regulations.

(vii) A small quantity generator must comply with the following special conditions for accumulation of ignitable or reactive waste:

(A) Ignitable or reactive waste must not be placed in a tank, unless:

(1) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations and § 265.17(b) of these regulations is complied with; or

(2) The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

(3) The tank is used solely for emergencies.

(B) A small quantity generator which treats or accumulates ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code” (1977 or 1981) (incorporated by reference, see § 260.11).

(C) A small quantity generator must comply with the following special conditions for incompatible wastes:

(1) Incompatible wastes, or incompatible wastes and materials, (see Part 265 Appendix V for examples) must not be placed in the same tank, unless § 265.17(b) of these regulations is complied with.

(2) Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless § 265.17(b) of these regulations is complied with.

(4) Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator must comply with the following:

(i) Subpart W of Part 265 of these regulations (except § 265.445 (c));

(ii) The small quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad at least once every 90 days are then subject to the 180-day accumulation limit in paragraph (b) of this section and § 262.15 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and

(iii) The small quantity generator must maintain on site at the facility the following records readily available for inspection:

(A) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(5) Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with of Part 265 subpart DD of these regulations. The generator must label its containment buildings with the words “Hazardous Waste” in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).The generator must also maintain:

(i) The professional engineer certification that the building complies with the design standards specified in section 265.1101 of these regulations. This certification must be in the generator's files prior to operation of the unit; and

(ii) The following records by use of inventory logs, monitoring equipment, or any other effective means:

(A) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90 day limit, and documentation that the procedures are complied with; or

(B) Documentation that the unit is emptied at least once every 90 days.

(C) Inventory logs or records with the above information must be maintained on site and readily available for inspection.

(6) Labeling and marking of containers and tanks—. (i) Containers. A small quantity generator must mark or label its containers with the following:

(A) The words “Hazardous Waste”;

(B) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

(C) The date upon which each period of accumulation begins (i.e., the “accumulation start date”) must be clearly visible for inspection on each container.

(ii) Tanks. A small quantity generator accumulating hazardous waste in tanks must do the following:

(A) Mark or label its tanks with the words “Hazardous Waste”;

(B) Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(C) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering; and

(D) Keep inventory logs or records with the above information on site and readily available for inspection.

(7) Reserved. 

(8) Preparedness and prevention—(i) Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

(ii) Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies.

(A) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(B) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(C) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(D) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

(iii) Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(iv) Access to communications or alarm system. (A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (a)(8)(ii) of this section.

(B) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (a)(8)(ii) of this section.

(v) Required aisle space. The small quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, and to allow for inspection of containers pursuant to § 262.16(b)(2)(iv).

(vi) Arrangements with local authorities. (A) The small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.

(1) A small quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.

(2) As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.

(3) Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.

(B) A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

(C) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record. 

(D) Facilities which are not provided with fire protection services by a fire protection district or municipal fire department must be maintained and operated in accordance with a plan for providing their own fire protection and prevention which has been approved by the Department and which meets the following requirements:

(1) The plan shall provide for adequate fire protection and prevention for the facility based upon the location and construction of the facility, and based upon the kinds and amounts of hazardous wastes generated, treated, stored, or disposed of at the facility.

(2) The plan shall specify the required equipment and the required availability and training of facility personnel.

(3) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter XVII, part 1910, subpart L, Fire Protection.

(4) Before submitting the plan to the Department for review, the facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.

(5) The approved plan shall become a part of the facility's contingency plan when a contingency plan is required.

(9) Personnel Training. The generator must ensure that all employees are provided with hazardous waste training, including proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies. Training shall be provided in a way that ensures compliance with the requirements of this Part 262.  Documentation that this training has been provided shall be retained on-site for all current employees.

(10) Emergency procedures. The small quantity generator must comply with the following conditions for those areas of the generator facility where hazardous waste is generated, accumulated, and stored:

(i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (b)(9)(iv) of this section. This employee is the emergency coordinator.

(ii) The small quantity generator must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:

(A) The name and emergency telephone number of the emergency coordinator;

(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and

(C) The telephone number of the fire department, unless the facility has a direct alarm.

(iii) Reserved. 

(iv) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:

(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;

(B) In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator;

(C) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include the following information:

(1) The name, address, and U.S. EPA identification number of the small quantity generator;

(2) Date, time, and type of incident (e.g., spill or fire);

(3) Quantity and type of hazardous waste involved in the incident;

(4) Extent of injuries, if any; and

(5) Estimated quantity and disposition of recovered materials, if any.

(c) Transporting over 200 miles. A small quantity generator who must transport its waste, or offer its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on site for 270 days or less without a permit or without having interim status provided that the generator complies with the conditions of paragraph (b) of this section.

(d) Accumulation time limit extension. A small quantity generator who accumulates hazardous waste for more than 180 days (or for more than 270 days if it must transport its waste, or offer its waste for transportation, over a distance of 200 miles or more) is subject to the requirements of Parts 264, 265, 267, 268, and 100 of these regulations unless it has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by EPA if hazardous wastes must remain on site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(e) Rejected load. A small quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of § 264.72 or § 265.72 of these regulations may accumulate the returned waste on site in accordance with paragraphs (a)-(d) of this section. Upon receipt of the returned shipment, the generator must:

(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(f) A small quantity generator experiencing an episodic event must accumulate hazardous waste in accordance with subpart L of this part.

25)  Amend Subpart A of Part 262 by adding Section 262.17 to read as follows:  

§ 262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste.

A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of Parts 264 through 267, and 100 of these regulations, provided that all of the following conditions for exemption are met:

(a) Accumulation. The large quantity generator accumulates hazardous waste on site for no more than 90 days, unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in paragraphs (b) through (e) of this section. The following accumulation conditions also apply:

(1) Accumulation of hazardous waste in containers. If the hazardous waste is placed in containers, the large quantity generator must comply with the following:

(i) Air emission standards. The applicable requirements of subparts AA, BB, and CC of Part 265 of these regulations;

(ii) Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section;

(iii) Compatibility of waste with container. The large quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired;

(iv) Management of containers. (A) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.

(B) A container holding hazardous waste must not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.

(v) Inspections. At least weekly, the large quantity generator must inspect all areas where hazardous waste is generated, accumulated, or stored.  The large quantity generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard.  Where a hazard is imminent or has already occurred, remedial action must be taken immediately.  The large quantity generator must inspect for all of the following:
(A)	 Leaking containers and deterioration of containers caused by corrosion or other factors, see paragraph (a)(1)(ii) of this section for remedial action required if deterioration or leaks are detected.
(B)	 Compliance with § 262.17(a)(1)(ii) – Condition of containers.
(C)	 Compliance with § 262.17(a)(1)(iii) – Compatibility of waste with container.
(D)	 Compliance with § 262.17(a)(1)(iv) – Management of containers.
(E)	 Compliance with § 262.17(a)(1)(vi) – Special conditions for accumulation of ignitable and reactive wastes.
(F)	 Compliance with § 262.17(a)(1)(vii) – Special conditions for accumulation of incompatible wastes.
(G)	 Compliance with § 262.17(a)(5) – Labeling and marking of containers and tanks.”

(vi) Special conditions for accumulation of ignitable and reactive wastes. (A) Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval must be maintained as long as ignitable or reactive hazardous waste is accumulated in this area.

(B) The large quantity generator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to the following: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(vii) Special conditions for accumulation of incompatible wastes. (A) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of Part 265 for examples) must not be placed in the same container, unless § 265.17(b) of these regulations is complied with.

(B) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V of Part 265 for examples), unless § 265.17(b) of these regulations is complied with.

(C) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

(2) Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator must comply with the applicable requirements of subpart J of Part 265, except § 265.197(c) of Closure and post-closure care and § 265.200—Waste analysis and trial tests, as well as the applicable requirements of subparts AA, BB, and CC of Part 265 of these regulations.

(3) Accumulation of hazardous waste on drip pads. If the hazardous waste is placed on drip pads, the large quantity generator must comply with the following:

(i) Subpart W of Part 265 of these regulations;

(ii) The large quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad are then subject to the 90-day accumulation limit in paragraph (a) of this section and § 262.15, if the hazardous wastes are being managed in satellite accumulation areas prior to being moved to a central accumulation area; and

(iii) The large quantity generator must maintain on site at the facility the following records readily available for inspection:

(A) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(4) Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the large quantity generator must comply with Part 265 subpart DD of these regulations. The generator must label its containment building with the words “Hazardous Waste” in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site, and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:

(i) The professional engineer certification that the building complies with the design standards specified in section 265.1101 of these regulations. This certification must be in the generator's files prior to operation of the unit; and

(ii) The following records by use of inventory logs, monitoring equipment, or any other effective means:

(A) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or

(B) Documentation that the unit is emptied at least once every 90 days.

(C) Inventory logs or records with the above information must be maintained on site and readily available for inspection.

(5) Labeling and marking of containers and tanks—(i) Containers. A large quantity generator must mark or label its containers with the following:

(A) The words “Hazardous Waste”;

(B) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

(C) The date upon which each period of accumulation begins (i.e., the “accumulation start date”) must be clearly visible for inspection on each container.

(ii) Tanks. A large quantity generator accumulating hazardous waste in tanks must do the following:

(A) Mark or label its tanks with the words “Hazardous Waste”;

(B) Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(C) Use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering; and

(D) Keep inventory logs or records with the above information on site and readily available for inspection.

(6) Emergency procedures. The large quantity generator complies with the standards in Subpart M of this part, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

(7) Personnel training. (i)(A) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section.

(B) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(C) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

(1) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(2) Key parameters for automatic waste feed cut-off systems;

(3) Communications or alarm systems;

(4) Response to fires or explosions;

(5) Response to ground-water contamination incidents; and

(6) Shutdown of operations.

(D) For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the conditions of exemption in this section.

(ii) Facility personnel must successfully complete the program required in paragraph (a)(7)(i) of this section within six months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training standards of paragraph (a)(7)(i) of this section.

(iii) Facility personnel must take part in an annual review of the initial training required in paragraph (a)(7)(i) of this section.

(iv) The large quantity generator must maintain the following documents and records at the facility:

(A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(B) A written job description for each position listed under paragraph (a)(7)(iv)(A) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;

(C) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (a)(7)(iv)(A) of this section;

(D) Records that document that the training or job experience, required under paragraphs (a)(7)(i), (ii), and (iii) of this section, has been given to, and completed by, facility personnel.

(v) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

(8) Closure. A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, must meet the following conditions:

(i) Notification for closure of a waste accumulation unit. A large quantity generator must perform one of the following when closing a waste accumulation unit:

(A) Place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility; or

(B) Meet the closure performance standards of paragraph (a)(8)(iii) of this section for container, tank, and containment building waste accumulation units or paragraph (a)(8)(iv) of this section for drip pads and notify the Department following the procedures in paragraph (a)(8)(ii)(B) of this section for the waste accumulation unit. If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.

(ii) Notification for closure of the facility. (A) Notify the Department using EPA Form 8700-12 no later than 30 days prior to closing the facility.

(B) Notify the Department using EPA Form 8700-12 within 90 days after closing the facility that it has complied with the closure performance standards of paragraph (a)(8)(iii) or (iv) of this section. If the facility cannot meet the closure performance standards of paragraph (a)(8)(iii) or (iv) of this section, notify the Department using EPA Form 8700-12 that it will close as a landfill under § 265.310 of these regulations in the case of a container, tank or containment building unit(s), or for a facility with drip pads, notify using EPA Form 8700-12  that it will close under the standards of § 265.445(b).

(C) A large quantity generator may request additional time to clean close, but it must notify the Department using EPA Form 8700-12 within 75 days after the date provided in paragraph (a)(8)(ii)(A) of this section to request an extension and provide an explanation as to why the additional time is required.

(iii) Closure performance standards for container, tank systems, and containment building waste accumulation units. (A) At closure, the generator must close the waste accumulation unit or facility in a manner that:

(1) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere,

(2) Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless § 261.3(d) of  these regulations applies.

(3) Any hazardous waste generated in the process of closing either the generator's facility or unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of Parts 262, 263, 265 and 268 of these regulations, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility.

(4) If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in paragraph (a)(8)(iii)(A)(2) of this section, then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 265.310 of these regulations). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in Part 265, Subpart G and Part 266 of these regulations.

(iv) Closure performance standards for drip pad waste accumulation units. At closure, the generator must comply with the closure requirements of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of this section, and § 265.445(a) and (b) of these regulations.

(v) The closure requirements of paragraph (a)(8) of this section do not apply to satellite accumulation areas.

(9) Reserved. 

(b) Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements of Parts 264 through 268, and Part 100 of these regulations, unless the generator has been granted an extension to the 90-day period. Such extension may be granted by the Department if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(c) Accumulation of F006. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to Parts 264 through 267 and 100 of these regulations, and the notification requirements of Part 99 of these regulations, provided that the generator complies with all of the following additional conditions for exemption:

(1) The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling;

(2) The F006 waste is legitimately recycled through metals recovery;

(3) No more than 20,000 kilograms of F006 waste is accumulated on site at any one time; and

(4) The F006 waste is managed in accordance with the following:

(i)(A) If the F006 waste is placed in containers, the large quantity generator must comply with the applicable conditions for exemption in paragraph (a)(1) of this section; and/or

(B) If the F006 is placed in tanks, the large quantity generator must comply with the applicable conditions for exemption of paragraph (a)(2) of this section; and/or

(C) If the F006 is placed in containment buildings, the large quantity generator must comply with Subpart DD of Part 265 of these regulations, and has placed its professional engineer certification that the building complies with the design standards specified in section 265.1101 of these regulations in the facility's files prior to operation of the unit. The large quantity generator must maintain the following records:

(1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the large quantity generator is complying with the procedures; or

(2) Documentation that the unit is emptied at least once every 180 days.

(ii) The large quantity generator is exempt from all the requirements in Part 265, Subpart G and Part 266 of these regulations, except for those referenced in paragraph (a)(8) of this section.

(iii) The date upon which each period of accumulation begins is clearly marked and must be clearly visible for inspection on each container;

(iv) While being accumulated on site, each container and tank is labeled or marked clearly with:

(A) The words “Hazardous Waste”; and

(B) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

(v) The large quantity generator complies with the requirements in paragraphs (a)(6) and (7) of this section.

(d) F006 transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to Parts 264 through 267, and 100 of these regulations, if the large quantity generator complies with all of the conditions for exemption of paragraphs (c)(1) through (4) of this section.

(e) F006 accumulation time extension. A large quantity generator accumulating F006 in accordance with paragraphs (c) and (d) of this section who accumulates F006 waste on site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of Parts 264, 265, 266, 267, and 100 of these regulations, unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by the Department if F006 waste must remain on site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Department on a case-by-case basis.

(f) Consolidation of hazardous waste received from very small quantity generators. Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in § 260.10 of these regulations), without a storage permit or interim status and without complying with the requirements of Parts 264 through 268, and 100 of these regulations, provided that they comply with the following conditions. “Control,” for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to “control” such generators.

(1) The large quantity generator notifies the Department at least thirty (30) days prior to receiving the first shipment from a very small quantity generator(s) using EPA Form 8700-12; and

(i) Identifies on the form the name(s) and site address(es) for the very small quantity generator(s) as well as the name and business telephone number for a contact person for the very small quantity generator(s); and

(ii) Submits an updated Site ID form (EPA Form 8700-12) within 30 days after a change in the name or site address for the very small quantity generator.

(2) The large quantity generator maintains records of shipments for three years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

(3) The large quantity generator complies with the independent requirements identified in § 262.10(a)(1)(iii) and the conditions for exemption in this section for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in paragraph (a)(5) of this section, the large quantity generator must label the container or unit with the date accumulation started (i.e., the date the hazardous waste was received from the very small quantity generator). If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.

(g) Rejected load. A large quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of § 264.72 or § 265.72 of these regulations may accumulate the returned waste on site in accordance with paragraphs (a) and (b) of this section. Upon receipt of the returned shipment, the generator must:

(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

26)  Amend Subpart A of Part 262 by adding Section 262.18 to read as follows:  

§ 262.18 EPA identification numbers and re-notification for very small quantity generators, small quantity generators, and large quantity generators.

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department.

(b) A generator who has not received an EPA identification number must obtain one by applying to the Department using EPA Form 8700-12. Upon receiving the request the Department will assign an EPA identification number to the generator.

(c) A generator must not offer its hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

(d) Re-notification. (1) A very small quantity generator that generates 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005 must re-notify the Department starting in 2021 and every four years thereafter using EPA Form 8700-12.  This re-notification must be submitted by September 1st of each year in which re-notifications are required unless the very small quantity generator has submitted an updated notification within the last four years.

(2) A small quantity generator must re-notify the Department starting in 2021 and every four years thereafter using EPA Form 8700-12. This re-notification must be submitted by September 1st of each year in which re-notifications are required unless the small quantity generator has submitted an updated notification within the last four years.

(3) A large quantity generator must re-notify EPA by March 1 of each even-numbered year thereafter using EPA Form 8700-12. A large quantity generator may submit this re-notification as part of its Biennial Report required under § 262.41.

(e) A recognized trader must not arrange for import or export of hazardous waste without having received an EPA identification number from the Administrator.

27)  Amend the heading for Subpart B of Part 262 to read as follows:  

Subpart B – Manifest Requirements Applicable to Small and Large Quantity Generators

28)  Amend the heading for Subpart C of Part 262 to read as follows:  

Subpart C – Pre-Transport Requirements Applicable to Small and Large Quantity Generators

29)  Amend Section 262.32 by revising paragraph (b) and adding paragraphs (c) and (d) to read as follows:  

§ 262.32 Marking. 

(a) Before transporting or offering hazardous waste for transportation off site, a generator must mark each package of hazardous waste in accordance with applicable Public Utilities Commission or Department of Transportation regulations on hazardous materials under 49 CFR Part 172.

(b) Before transporting hazardous waste or offering hazardous waste for transportation off site, a generator must mark each container of 119 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 CFR § 172.304:

(1) HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal.  If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. 

(2) Generator's Name and Address  ________.             
	
(3) Generator's EPA Identification Number  ________.

(4) Manifest Tracking Number  ________.

(5) EPA Hazardous Waste Number(s)  _______.

(c) A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s), as required by paragraph (b)(5) or paragraph (d).

(d) Lab packs that will be incinerated in compliance with § 268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable. 

30)  Remove and reserve Section 262.34 to read as follows:  

§ 262.34 Reserved. 

31)  Add Section 262.35 to Subpart C of Part 262 to read as follows:  

§ 262.35 Liquids in landfills prohibition.

The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.  Prior to disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in § 264.314 and § 265.314.

32)  Amend the heading for Subpart D of Part 262 to read as follows:  

Subpart D – Recordkeeping and Reporting Applicable to Small and Large Quantity Generators

33)  Amend Section 262.40 by revising paragraph (c) to read as follows:  

§ 262.40 Recordkeeping.

(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until he/she receives a signed copy from the designated facility which received the waste.  This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter. 

(b) A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report (March 1).

(c) See § 262.11(f) for recordkeeping requirements for documenting hazardous waste determinations.

(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

34)  Amend Section 262.41 to read as follows:  

§ 262.41 Biennial reporting for large quantity generators.

(a) A generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit a Biennial Report in EPA Form 8700-13A/B to the Department by March 1 of the following even-numbered year and must cover generator activities during the previous year. 

(b) Any generator who is a large quantity generator for at least one month of an odd-numbered year (reporting year) who treats, stores, or disposes of hazardous waste on-site must complete and submit a Biennial Report in EPA Form 8700-13A/B to the Department by March 1 of the following even-numbered year covering those wastes in accordance with the provisions of Parts 264, 265, 266, 267, and 100.  This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators pursuant to § 262.17(f). 

(c) Exports of hazardous waste to foreign countries are not required to be reported on the Biennial Report form. A separate annual report requirement is set forth at § 262.83(g) for hazardous waste exporters.

35)  Amend Section 262.43 by revising paragraph (a) to read as follows:  

§ 262.43 Additional reporting. 

 (a) The Department, as deemed necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in Part 261 of these regulations, and compliance with the regulatory requirements of 6 CCR 1007-3.

(b)(1) Any generator of hazardous waste who receives a Self-Certification Checklist from the Department shall complete and return the checklist within the time specified in the instructions provided by the Department.   

(2) The Department shall provide generators a reasonable amount of time to complete and return a checklist.  At a minimum, the generator shall have 14 days from the date of receipt to return the checklist.  A checklist is deemed returned on the date it is received by the Department.  The Department may provide an extension of time to complete and return a checklist upon request.  

(3) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the generator:  

“I, the undersigned facility representative, certify that:

i.	I have personally examined and am familiar with the information contained in this submittal;

ii.	the information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects; and

iii.	I am fully authorized to make this certification on behalf of this facility.

I am aware that there are significant penalties including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

36)  Amend Section 262.44 by revising the section heading and the introductory text to read as follows:  

§ 262.44  Recordkeeping for small quantity generators.

A small quantity generator is subject only to the following independent requirements in this subpart:

(a) the recordkeeping requirements in paragraphs (a), (c), and (d) in § 262.40;

(b) paragraph (c) in § 262.42; and 

(c) the requirements of § 262.43.

37)  Amend Part 262 by adding Subpart L (Episodic Generation) to read as follows:  
 
Subpart L — Episodic Generation

§ 262.230 Applicability.

This subpart is applicable to very small quantity generators (VSQGs) and small quantity generators (SQGs) as defined in § 260.10 of these regulations.

(a)	If a VSQG generates hazardous waste episodically at the level of a SQG, the VSQG must operate in compliance with the appropriate generator requirements of §§ 262.10(a)(1)(ii), 262.15, and 262.16 for any month during which the VSQG operates at that level.    

(b) If a VSQG or a SQG generates hazardous waste episodically at the level of a large quantity generator (LQG), the VSQG or SQG must operate in compliance with the appropriate generator requirements of §§ 262.10(a)(1)(iii), 262.15, and 262.17 for any month during which the VSQG or SQG operates at the LQG level. 

(c) A VSQG or an SQG that generates hazardous waste episodically at the level of an LQG may exceed its generator category once per calendar year without affecting its generator category, and must comply with all LQG requirements of §§ 262.10(a)(1)(iii) and 262.17, except for § 262.41(Biennial reporting).  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 §§ 262.10(a)(1)(iii) and 262.17, including § 262.41(Biennial reporting).  

38)  Amend Part 262 by adding Subpart M (Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators) to read as follows:  

Subpart M—Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

§ 262.250  Applicability.

The regulations of this subpart apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on site.

§ 262.251  Maintenance and operation of facility.

(a) A large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

(b) Facilities which are not provided with fire protection services by a fire protection district or municipal fire department must be maintained and operated in accordance with a plan for providing their own fire protection and prevention which has been approved by the Department and which meets the following requirements: 

(1) The plan shall provide for adequate fire protection and prevention for the facility based upon the location and construction of the facility, and based upon the kinds and amounts of hazardous wastes generated, treated, stored, or disposed of at the facility.

(2) The plan shall specify the required equipment and the required availability and training of facility personnel.

(3) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter XVII, part 1910, subpart L, Fire Protection.

(4) Before submitting the plan to the Department for review, the facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.

(5) The approved plan shall become a part of the facility's contingency plan when a contingency plan is required.

§ 262.252  Required equipment.

All areas deemed applicable by § 262.250 must be equipped with the items in paragraphs (a) through (d) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies:

(a) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(b) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(d) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

§ 262.253  Testing and maintenance of equipment.

All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

§ 262.254  Access to communications or alarm system.

(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under § 262.252.

(b) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under § 262.252.

§ 262.255  Required aisle space.

The large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, and to allow for inspection of containers pursuant to § 262.17(a)(1)(v). 

§ 262.256  Arrangements with local authorities.

(a) The large quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.

(1) A large quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.

(2) As part of this coordination, the large quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(3) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. 

(b) The large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

(c) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

§ 262.260 Purpose and implementation of contingency plan.

(a) A large quantity generator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

§ 262.261  Content of contingency plan.

(a) The contingency plan must describe the actions facility personnel must take to comply with §§ 262.260 and 262.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(b) If the generator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this part. The generator may develop one contingency plan that meets all regulatory standards. 

(c) The plan must describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to § 262.256.

(d) The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator (see § 262.264), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times.

(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(f) The plan must include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

(g) The plan must: (1) identify the fire protection district responsible for providing fire protection services to the facility, or state that the facility is not within a fire protection district but is operating under its own fire protection plan that has been approved by the Department, and (2) identify the local emergency planning committee for the area in which the facility is located.

(h) A large quantity generator that first becomes subject to these provisions or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include the following elements:

(1) The types/names of hazardous wastes in layman's terms and the associated hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid);

(2) The estimated maximum amount of each hazardous waste that may be present at any one time;

(3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff;

(4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes;

(5) A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers;

(6) The locations of water supply (e.g., fire hydrant and its flow rate);

(7) The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and

(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

§ 262.262 Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan must be maintained at the large quantity generator, and the large quantity generator must submit a copy of the contingency plan and all revisions to all local emergency responders (i.e., police departments, fire departments, hospitals and State and local emergency response teams that may be called upon to provide emergency services). This document may also be submitted to the Local Emergency Planning Committee, as appropriate.

§ 262.263  Amendment of contingency plan.

(a) The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(1) Applicable regulations are revised;

(2) The plan fails in an emergency;

(3) The generator facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;  

(4) The list of emergency coordinators changes; or

(5) The list of emergency equipment changes.

(b) Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders identified at paragraph (a) of section 262.261 or, as appropriate, the Local Emergency Planning Committee.

§ 262.264  Emergency coordinator.

At all times, there must be at least one employee either on the generator's premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures outlined in § 262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

§ 262.265  Emergency procedures.

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify appropriate state or local agencies with designated response roles if their help is needed.

(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis.

(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).

(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator must report the findings as follows:

(1) If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator must immediately notify appropriate local authorities. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:

(i) Name and telephone number of reporter;

(ii) Name and address of the generator;

(iii) Time and type of incident (e.g., release, fire);

(iv) Name and quantity of material(s) involved, to the extent known;

(v) The extent of injuries, if any; and

(vi) The possible hazards to human health, or the environment, outside the facility.

(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the generator's facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released hazardous waste, and removing or isolating containers.

(f) If the generator stops operations in response to a fire, explosion or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the generator can demonstrate, in accordance with § 261.3(c) or (d) of these regulations, that the recovered material is not a hazardous waste, then it is a newly generated hazardous waste that must be managed in accordance with all the applicable requirements and conditions for exemption in Parts 262, 263, and 265 of these regulations.

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) No hazardous waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(i) The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the generator must submit a written report on the incident to the Department. The report must include:

(1) Name, address, and telephone number of the generator;

(2) Date, time, and type of incident (e.g., fire, explosion);

(3) Name and quantity of material(s) involved;

(4) The extent of injuries, if any;

(5) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(6) Estimated quantity and disposition of recovered material that resulted from the incident.

(j) The generator must notify the Department, and appropriate local authorities, that the facility is in compliance with paragraph (h) of this section before operations are resumed in the affected area(s) of the facility.

39)  Amend Part 263 by deleting and reserving paragraph (b) of Section 263.10 to read as follows:  

§ 263.10 Scope.

******* 

(b) Reserved. 

******* 

40)  Amend Part 263 by revising paragraph (b) of Section 263.11 to read as follows:  

§ 263.11 EPA identification number.

(a) A transporter must not transport hazardous wastes or operate a transfer facility located in Colorado without having received an EPA identification number.

(b) A transporter who has not received an EPA identification number may obtain one by applying to the Department using EPA Form 8700-12. Upon receiving the request, the Department will assign and forward an EPA identification number to the transporter.

41)  Amend Part 263 by revising Section 263.12 to read as follows:  

§ 263.12 Transfer facility requirements.

(a) Applicability. A transporter who stores shipments of hazardous waste in containers meeting the requirements of § 262.30 at a transfer facility for a period of ten days or less is not subject to regulation under Parts 100, 264, 265, 266, and 268 with respect to the storage of those wastes, except as specifically referenced in Part 263 of these regulations.  

(b) Notification:  Owners/operators of transfer facilities located in Colorado shall notify the Department, as part of the notification filed under Part 99 of these regulations, of the location and general description of the activities at each transfer facility.

(c) General standards applicable to all transfer facilities.

(1) Documentation of storage. The owner or operator of a transfer facility must maintain documentation to verify that the ten-day storage requirement of § 263.12(b) has been met.  Information used to make this demonstration may include hazardous waste manifests, log sheets, or other documentation showing the date of waste arrival and shipment from the transfer facility. This record shall include the generator’s name, the generator’s EPA identification number, and the manifest number.  For very small quantity generators (VSQGs) without an EPA identification number, the record shall include the name and address of the generator. This recordkeeping requirement applies to all hazardous wastes, including hazardous waste generated by VSQGs.

(2) Weekly inspections/Record of inspection. The owner or operator shall conduct weekly inspections of all areas where containers are stored, and shall maintain written records of the results of the inspection, including, at a minimum, any evidence of container failure, the condition of secondary containment (if applicable) and remediation correcting any problems noted. The owner or operator shall maintain the written records of these weekly inspections for a period of at least three years from the date of inspection.  This requirement shall not apply to the interior of trucks or trailers where containers are stored, so long as those trucks or trailers were loaded in accordance with DOT regulations.

(3) Base/Floor Requirements. Loading docks, temporary container storage areas, and all areas where transfer of hazardous wastes occurs must have a base or floor that is smooth, free of cracks or gaps, and sufficiently impervious to contain leaks or spills until the spilled material is detected and removed.  This requirement shall not apply to trucks or trailers that were loaded in accordance with DOT regulations.  Any leaks or spills that do occur must be promptly cleaned up by the transfer facility operator.

(4)Truck/trailer storage requirements. For hazardous waste stored in trucks or trailers, the truck/trailer must be stored on a manmade surface that is capable of containing spills or releases to the ground.  Any leaks or spills that do occur must be promptly cleaned up by the transfer facility operator.

(5) Arrangements with local authorities. 

(i)  The transporter must contact local authorities to make arrangements to familiarize police, fire departments, local departments of health, and local emergency planning committees (LEPCs) with the layout of the transfer facility, NFPA hazardous class of hazardous waste handled at the transfer facility and associated hazards, places where transfer facility personnel would normally be working, entrances to roads inside the transfer facility, and possible evacuation routes. 

(ii) Transporters shall document attempts to make such arrangements, and shall document any case where State or local authorities decline to enter into such arrangements. 

(6) Security.  All transfer facilities must be adequately fenced or secured to control public access and prevent unauthorized access to areas of hazardous waste storage.  For a truck/trailer parked at a transfer facility that has no 24-hour surveillance system or artificial or natural barrier, the truck/trailer must meet the placarding requirements of 49 CFR Part 172 and the hazardous waste must be secured (i.e., locked) or the hazardous waste must be transferred to a secured area of the facility to prevent unknowing entry and minimize unauthorized access.  

(7) Signage.

(i)  A sign with the legend, "Danger – Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion of the transfer facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion of the facility.  The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet.  For storage of hazardous waste on trucks or trailers, the truck/trailer must meet the applicable placarding requirements of 49 CFR Part 172.

(ii) Existing signs with a legend other than "Danger – Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

(8) Emergency preparedness, prevention, and response. Transfer facility owners and operators shall comply with the following emergency planning and response requirements:

(i) At all times during which hazardous wastes are temporarily stored at the transfer facility there must be an emergency coordinator or a trained designee who is either on the premises or on call and available to respond to an emergency by reaching the facility within a short period of time. The emergency coordinator shall coordinate all emergency response measures specified in § 263.40 of these regulations.

(ii) The portion of the transfer facility where hazardous waste is stored or transferred must be equipped with the following, unless none of the hazards posed by the storage/transfer of hazardous waste could require a particular kind of equipment specified below:

(A) A device, such as a telephone (accessible near the waste storage area) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or local emergency response teams;

(B) Firefighting systems appropriate to the hazards, such as portable fire extinguishers, water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, water spray systems, or other fire control equipment using inert gas or dry chemicals; and

(C) Spill control, first aid and safety equipment appropriate to the hazards.

(iii) All communications systems, fire protection equipment, and spill control equipment, where required, must be tested and maintained as necessary to assure their proper operation in time of emergency.

(iv)  The transfer facility owner or operator shall post the following information at the facility:

(A) The name and telephone number of the emergency coordinator;

(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and

(C) The telephone number of the fire department, unless the facility has a direct alarm.

(d)  When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter must mark its containers of 119 gallons or less with the following information:

(1) The words “Hazardous Waste” and 

(2) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of Part 261 of these regulations, or in compliance with § 262.32(c).  

(e) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them within a single container at a transfer facility located in Colorado must:

(1) Make a hazardous waste determination of the resulting waste mixture pursuant to § 262.11;

(2) Comply with the manifest requirements of §§ 262.20, 262.21, 262.22, and 262.23 (in addition to the requirements of §§ 263.20 and 263.21) with regard to the resulting waste mixture;

(3) Comply with the pre-transport packaging, labeling, marking, and placarding requirements of §§ 262.30, 262.31, 262.32, and 262.33 with regard to the resulting waste mixture; and

(4) Comply with the recordkeeping and reporting requirements of §§ 262.40 and 262.42 (in addition to the requirements of § 263.22) with regard to the resulting waste mixture.

(f) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them into a single container at a transfer facility located in Colorado must, with regard to the containers into which the resulting waste mixture is placed, comply with the following:

(1) The transporter must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous wastes to be mixed, so that the ability of the container to contain the resulting waste mixture is not impaired.

(2) If a container holding the resulting waste mixture is not in good condition, or if it begins to leak, the transporter must transfer the resulting waste mixture from this container to a container that is in good condition.

(3) The container holding the resulting waste mixture must always be closed during storage, except when it is necessary to add or remove waste.  The container holding the resulting waste mixture must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.

(4) Incompatible wastes, or incompatible wastes and materials (see Appendix V of Part 265 for examples) must not be placed in the same container, unless § 265.17(b) is complied with.  Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V of Part 265 for examples), unless § 265.17(b) is complied with.  A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall or other device.

Note to paragraph (d)(4): Re-use of containers in transportation is governed by U.S. Department of Transportation regulations and the Colorado Public Utilities Commission, including those set forth in 49 CFR  § 173.28.

(5) The transporter shall manage all hazardous waste placed in a container in accordance with the requirements of Subpart CC of Part 265.

(g) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them into a single container at a transfer facility located in Colorado must, with regard to that portion of the transfer facility where the mixing occurs, comply with the following:

(1) The portion of the transfer facility where the mixing occurs must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or water which could threaten human health or the environment.  If the transfer facility is not provided with fire protection services by a fire protection district or municipal fire department, the portion of the transfer facility where mixing occurs must be maintained and operated in accordance with a plan for providing its own fire protection and prevention which has been approved by the Department and which meets the following requirements:

(i) The plan shall provide for adequate fire protection and prevention for the portion of the transfer facility where mixing occurs based upon the location and construction of the transfer facility, and based upon the kinds and amounts of hazardous wastes mixed and stored at the transfer facility.

(ii) The plan shall specify the required equipment and the required availability and training of transfer facility personnel.

(iii) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter XVII, part 1910, subpart L, Fire Protection.

(iv) Before submitting the plan to the Department for review, the transfer facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.

(2) The portion of the transfer facility where mixing occurs must be equipped with the following, unless none of the hazards posed by the mixing could require a particular kind of equipment specified below:

(i) A device, such as a telephone (accessible near the area where the mixing occurs) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(ii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(iii) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

(3) All communications systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(4) If there is ever just one employee on the premises while the mixing occurs, he/she must have access to a device, such as a telephone (accessible near the area where the mixing occurs) or a hand-held two-way radio, capable of summoning external emergency assistance.

(5) While mixing occurs, the transporter must maintain aisle space within the transfer facility to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to the area of mixing in an emergency.

42)  Amend Section 264.1 by revising paragraphs (g)(1), (g)(3), and (j)(1) to read as follows: 

§ 264.1 Purpose, scope and applicability.
***** 
(g) The requirements of this part do not apply to:

(1) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of these regulations.  

***** 
  
(3) A generator accumulating waste on site in compliance with §§ 262.14, 262.15, 262.16, or 262.17 of these regulations.
 
******  

(j) The requirements of subparts B, C, and D of this part and § 264.101 of these regulations do not apply to remediation waste management sites.  (However, some remediation waste management sites may be a part of a facility that is subject to a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes.  In these cases, Subparts B, C, and D of this part, and § 264.101 of these regulations do apply to the facility subject to the traditional RCRA permit.)  Instead of the requirements of subparts B, C, and D of this part, owners or operators of remediation waste management sites must:

(1) Obtain an EPA identification number by applying to the Director using EPA Form 8700-12;

*******

43)  Amend Part 264 by revising section 264.11 to read as follows: 

§ 264.11 Identification number.

Every facility owner or operator must apply to the Department for an EPA identification number using EPA Form 8700-12.  Upon receiving the request, the Department will forward an EPA assigned EPA Identification number to the Facility.

44)  Amend Section 264.15 by revising paragraph (b)(4) and removing the comment to paragraph (b)(4) to read as follows:  

§ 264.15 General inspection requirements.

****** 
(b)(1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

****** 

(4) The frequency of inspection may vary for the items on the schedule.  However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or operator error goes undetected between inspections.  Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use.  At a minimum, the inspection schedule must include the items and frequencies called for in §§ 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this part, where applicable.  Part 100 of these regulations requires the inspection schedule to be submitted with part B of the permit application.  The Department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment.  As part of this review, the Department may modify or amend the schedule as may be necessary.]

*****

45)  Amend Section 264.71 by revising paragraph (c) to read as follows:  

§ 264.71 Use of manifest system.

*****  

(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Part 262 of these regulations.  The provisions of §§ 262.15, 262.16, and 262.17 of these regulations are applicable to the on-site accumulation of hazardous wastes by generators.  Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of these regulations only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under § 262.17(f). 

*****   

46)  Amend Section 264.75 to read as follows:  

§ 264.75 Biennial report.

The owner or operator must complete and submit EPA Form 8700-13 A/B to the Department by March 1 of the following even numbered year and must cover activities during the previous year.

47)  Amend Section 264.170 to read as follows: 

§ 264.170 Applicability.

The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store  hazardous waste in containers, except as § 264.1 provides otherwise.

[Comment:	Under § 261.7 and § 261.33(c) of these regulations, if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is "empty" as defined in § 261.7.  In that event, management of the container is exempt from the requirements of this subpart.] 

48)  Amend Section 264.174 to read as follows:  

§ 264.174 Inspections.

(a) At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial action required if deterioration or leaks are detected.]

(b) Problems identified during the inspection shall be remedied in accordance with § 264.15(c) of these regulations.

49)  Amend Section 264.191 by revising paragraph (a) to read as follows:  

§ 264.191 Assessment of existing tank system's integrity.

(a) For each existing tank system that does not have secondary containment meeting the requirements of § 264.193, the owner or operator must determine that the tank system is not leaking and is fit for use.  Except as provided in paragraph (c) of this section, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d), that attests to the tank system's integrity by January 12, 1988.

50)  Amend Section 264.340 by revising paragraph (d)(3) to read as follows:  

Subpart O – Incinerators, Boilers and Industrial Furnaces 

§ 264.340 Applicability.

*******

(d) The following hazardous wastes and facilities are not subject to regulation under this subpart:

******* 

(3) Hazardous wastes that are exempt from regulation under §§ 261.4 and 261.6(a)(3)(iii) and (iv) of these regulations, and hazardous wastes that are subject to the special requirements for very small quantity generators under § 262.13 of these regulations; and

******* 

51)  Amend Section 264.1030 by revising paragraphs (b)(2) and (b)(3) to read as follows:  

§ 264.1030 Applicability.

******  
(b) Except for §§ 264.1034, paragraphs (d) and (e), this subpart applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:

(1) ***** 

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100, or

(3) A unit that is exempt from permitting under the provisions of § 262.17 (i.e., a “90-day” tank or container) and is not a recycling unit under the provisions of § 261.6 of these regulations.. *****  

*****

52)  Amend Section 264.1050 by revising paragraphs (b)(2) and  (b)(3) to read as follows:  

§ 264.1050 Applicability.

***** 

(b) Except as provided in § 264.1064(k), this subpart applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:

*****   
(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.17 (i.e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100.

(3) A unit that is exempt from permitting under the provisions of § 262.17 (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of § 261.6 of these regulations.

53)  Amend Section 264.1101 by revising paragraph (c)(4) to read as follows:  

§ 264.1101 Design and operating standards.

*****  

(c) Owners or operators of all containment buildings must: 

*****  

(4) Inspect and record in the facility operating record, at least once every seven days, data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

*****

54)  Amend the Table of Contents for Part 265 is amended by deleting and reserving the listing for section 265.201 to read as follows:  

PART 265   INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
  HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

*******

Subpart J    Tanks

265.190	Applicability.
265.191	Assessment of existing tank system's integrity.
265.192	Design and installation of new tank systems or components.
265.193	Containment and detection of releases.
265.194	General operating requirements.
265.195	Inspections.
265.196	Response to leaks or spills and disposition of leaking or unfit for use tank systems.
265.197	Closure and post closure care.
265.198	Special requirements for ignitable or reactive wastes.
265.199	Special requirements for incompatible wastes.
265.200	Waste analysis and trial tests.
265.201	Reserved.
265.202	Air emission standards. 

*******

55)  Amend Section 265.1 by revising paragraphs (c)(5) and (c)(7)  to read as follows:  

§ 265.1 Purpose, scope, and applicability.

*****  

(c) The requirements of this part do not apply to: 

*****  

(5) The owner or operator of a facility permitted, licensed, or registered by the State of Colorado to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 262.14 of these regulations;
 
***** 

(7) A generator accumulating waste on site in compliance with applicable conditions for exemption in §§ 262.14 through 262.17 and Part 262, subpart L of these regulations, except to the extent the requirements of this part are included in those sections and subparts.

*****

56)  Amend Part 265 by revising Section 265.11 to read as follows:  

§ 265.11 Identification number.

Every facility owner or operator must apply to the Department for an EPA identification number using EPA Form 8700-12.  Upon receiving the request, the Department will forward an EPA assigned EPA Identification number to the Facility.

57)  Amend Section 265.52 by revising paragraph (h) to read as follows:  

§ 265.52 Content of contingency plan. 

*******   

(h) The plan must include the location of all hazardous waste accumulation areas at the facility, as defined in § 262.15 of these regulations.

58)  Amend Section 265.71 by revising paragraph (c) to read as follows:

§ 265.71 Use of manifest system. 

*****  

(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Part 262 of these regulations. The provisions of §§ 262.15, 262.16, and 262.17 of these regulations are applicable to the on-site accumulation of hazardous wastes by generators.  Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of these regulations only apply to owners or operators who are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under § 262.17(f).

******  

59)  Amend Section 265.75 to read as follows:

§ 265.75 Biennial report.

The owner or operator must complete and submit EPA Form 8700-13 A/B to the Department by March 1 of the following even numbered year and must cover activities during the previous year.

60)  Amend Section 265.174 to read as follows:

§ 265.174 Inspections. 

 (a)  At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers caused by corrosion or other factors.  See § 265.171 for remedial action required if deterioration or leaks are detected.
 
(b) Problems identified during the inspection shall be remedied in accordance with § 265.15(c) of these regulations.

61)  Amend Section 265.195 by removing and reserving paragraph (e) to read as follows:

§ 265.195 Inspections.

*****  

(e) Reserved. 

******  

62)  Remove and reserve Section 265.201 to read as follows:

§ 265.201 Reserved.

63)  Amend Section 265.1030 by revising paragraphs (b)(2) and (b)(3) to read as follows:

§ 265.1030 Applicability.

*****   

(b) Except for §§ 265.1034, paragraphs (d) and (e), this subpart applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in:

(1) ***** 

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100, or

(3) A unit that is exempt from permitting under the provisions of § 262.17 (i.e., a “90-day” tank or container) and is not a recycling unit under the requirements of § 261.6 of these regulations.

*****

*****

64)  Amend Section 265.1050 by revising paragraphs (b)(2) and (b)(3) to read as follows:

§ 265.1050 Applicability.

*****  
(b) Except as provided in § 265.1064(k), this subpart applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:

(1) *****

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100, or

(3) A unit that is exempt from permitting under the provisions of § 262.17 (i.e., a “90-day” tank or container) and is not a recycling unit under the provisions of § 261.6 of these regulations.

*****

65)  Amend Section 265.1101 by revising paragraphs (b)(2) and (b)(3) to read as follows:

§ 265.1101 Design and operating standards.

*****

(c) Owners or operators of all containment buildings must:

*****  
(4) Inspect and record in the facility operating record, at least once every seven days, data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

*****   

66)  Amend Section 267.30 by revising paragraph (b)(2) to read as follows:

§ 267.30 Applicability

******* 

(b) The following hazardous wastes are not regulated under this subpart:

*******   

(2) Hazardous wastes that are exempt from regulation under §§ 261.4 and 261.6(a)(3)(iv) through (vi) of these regulations, and hazardous wastes that are generated by very small quantity generators as defined in § 260.10 of these regulations.

67)  Amend Section 267.34 by revising paragraph (c) to read as follows:

§ 267.34 Standards applicable to marketers of hazardous waste fuel.

******* 

(c) Storage.  The applicable provisions of Part 262, Subpart A, and Subparts A through L of Part 264, Subparts A through L of Part 265, Part 266 and Part 100 of these regulations;

*******

68) Amend the Table at Section 267.80 by removing the seven cite references to § 262.12 and replacing them with cite references to § 262.18 as follows:

§ 267.80 Applicability and requirements.
(a) ********

If your batteries * * *	
And if you * * *	
Then you * * *	
And you * * *	

*******	
*******	
********	
********	

(6) Will be reclaimed through regeneration or any other means.
	
export these batteries for reclamation in a foreign country.
	
are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations. 	
are subject to Part 261,  § 262.11, § 262.18, and  Part 262, Subpart H. 	

(7) Will be reclaimed through regeneration or any other means.

transport these batteries in the U.S. to export them for reclamation in a foreign country.
	
are exempt from Parts 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.
	
must comply with applicable requirements in Part 262, Subpart H. 	
(8) Will be reclaimed other than through regeneration. 	Import these batteries from foreign country and store these batteries but you aren’t the re-claimer.	are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, 268 and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.	
(9) Will be reclaimed other than through regeneration.	Import these batteries from foreign country and store these batteries before you reclaim them.	must comply with Part 267.80(b) and as appropriate other regulatory provisions described in § 267.80(b).	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.	
(10) Will be reclaimed other than through regeneration.	Import these batteries from foreign country and don’t store these batteries before you reclaim them.	Are exempt from Parts 262 (except for § 262.11, § 262.18, and Subpart H), 263, 264, 265, 267, and Part 100 of these regulations, and the notification requirements of Part 99 of these regulations.	are subject to Part 261, § 262.11, § 262.18, Part 262 Subpart H, and applicable provisions under Part 268.	

69)  Amend Section 268.1 by revising paragraph (e)(1) to read as follows:

§ 268.1 Purpose, scope and applicability.

*****   

(e) The following hazardous wastes are not subject to any provision of Part 268:

(1) Waste generated by very small quantity generators, as defined in § 260.10 of these regulations; 

*****

70)  Amend Section 268.7 by revising paragraph (a)(5) introductory paragraph to read as follows:

§ 268.7 Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

(a) Requirements for generators:

*****

(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under §§ 262.15, 262.16, or 262.17 of these regulations to meet applicable LDR treatment standards found at § 268.40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards.  (Generators treating hazardous debris under the alternative treatment standards of Table 1 of § 268.45, however, are not subject to these waste analysis requirements.)  The plan must be kept on site in the generator's records, and the following requirements must be met:

***** 

*****  

71)  Amend Section 268.50 by revising paragraphs (a)(1) and (a)(2)(i) to read as follows:

§ 268.50 Prohibitions on storage of restricted wastes.

(a) Except as provided for in this section, the storage of hazardous wastes restricted from land disposal under Subpart C of this part or RCRA section 3004 [42 U.S.C. § 6924] is prohibited unless the following conditions are met:

(1) A generator stores such wastes in tanks, containers, or containment buildings on site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in §§ 262.16 and 262.17 and Parts 264 and 265 of these regulations.

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

(i) Each container is clearly marked to identify its contents and with:

(A) The words “Hazardous Waste”;

(B) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in subparts C and D of Part 261 of these regulations; or use a nationally recognized electronic system, such as bar coding, to identify the EPA hazardous waste number(s);

(C) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and

(D) The date each period of accumulation begins.
 
***** 

*****

72)  Amend the Table of Contents for Part 273 by revising the listing for Section 273.8 to read as follows:

PART 273 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

Subpart A -- General

Sec.

*****
273.8	Applicability -- household and very small quantity generator waste.

*****

73)  Amend Section 273.8 by revising the section heading and paragraph (a)(2) to read as follows:

§ 273.8  Applicability -- household and very small quantity generator waste.

(a) Persons managing the wastes listed below may, at their option, manage them under the requirements of this part:

(1) *****  

(2) Very small quantity generator wastes that are exempt under § 262.14 of these regulations and are also of the same type as the universal wastes defined at § 273.9.

*****   

74)  Amend Section 273.13 by revising paragraphs (b)(3), (c)(2)(iii) and (iv), (c)(5)(iv), (d)(3)(iv) and (e)(3)(iv) to read as follows:

§ 273.13 Waste management.

*******
(b)  Universal waste pesticides.  A small quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment.  The universal waste pesticides must be contained in one or more of the following:

*******

(3) A tank that meets the requirements of Part 265 Subpart J, except for § 265.197(c) and § 265.200; or

*******

(c) Universal waste mercury-containing devices:  A small quantity handler of universal waste must manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

*******

(2) A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices provided the handler:

******* 

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of Part 262, Subpart A;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of Part 262, Subpart A;

*******
(5) A small quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing devices provided the handler:

******* 

(iv) Immediately transfers the drained elemental mercury to a container that meets the requirements of Part 262, Subpart A;
 
*******  

(d) Universal Waste Aerosol Cans.  A small quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents release of any universal waste or component of a universal waste to the environment as follows:

*******

(3) A small quantity handler of universal waste may puncture universal waste aerosol cans to remove and collect the contents of the aerosol can provided the handler:

*******   

(iv) Immediately transfers the contents of the universal waste aerosol can, or puncturing device if applicable, to a container that meets the requirements of Part 262, Subpart A;

*******   

(e) Lamps.  A small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

*******  

(3) A small quantity handler of universal waste may crush universal waste lamps provided the handler:

*******   

(iv) Immediately transfers the crushed universal waste lamp to a container that meets the requirements of Part 262, Subpart A;

*******

75)  Amend Section 273.32 by revising paragraph (a)(1) to read as follows:

§ 273.32 Notification.

(a)(1) Except as provided in paragraph (a)(2) of this section, a large quantity handler of universal waste must send written notification of universal waste management to the Department, and obtain an EPA Identification Number, before meeting or exceeding the 5,000 kilogram storage limit.  An EPA identification number may be obtained by applying to the Department using EPA Form 8700-12. 

******* 

76)  Amend Section 273.33 by revising paragraphs (b)(3), (c)(2)(iii) and (iv), (c)(5)(iv), (d)(3)(iv) and (e)(3)(iv) to read as follows:

§ 273.33 Waste management.

*******

(b) Universal waste pesticides:  A large quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment.  The universal waste pesticides must be contained in one or more of the following:

*******  

(3) A tank that meets the requirements of Part 265 Subpart J, except for § 265.197(c), and § 265.200; or

*******

(c) Universal waste mercury-containing devices:  A large quantity handler of universal waste must manage universal waste mercury-containing devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

******* 

(2) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices provided the handler:

*******  

(iii) ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of Part 262, Subpart A;

(iv) immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of Part 262, Subpart A;

******* 

(5) A large quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing devices provided the handler:

******* 

(iv) Immediately transfers the drained elemental mercury to a container that meets the requirements of Part 262, Subpart A;

*******

(d) Universal Waste Aerosol Cans.  A large quantity handler of universal waste must manage universal waste aerosol cans in a way that prevents release of any universal waste or component of a universal waste to the environment as follows:

******* 

(3) A large quantity handler of universal waste may puncture universal waste aerosol cans to remove and collect the contents of the aerosol can provided the handler:

*******  

(iv) Immediately transfers the contents of the universal waste aerosol can, or puncturing device if applicable, to a container that meets the requirements of Part 262, Subpart A;

*******  

(e) Lamps.  A large quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

*******
(3) A large quantity handler of universal waste may crush universal waste lamps provided the handler:

*******  

(iv) Immediately transfers the crushed universal waste lamp to a container that meets the requirements of Part 262, Subpart A;

*******  

77)  Amend 273.81 by revising paragraph (b) to read as follows:

§ 273.81 Factors for Petitions to Include Other Wastes under Part 273.

*****  

(b) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, very small quantity generators, small businesses, government organizations, as well as large industrial facilities);

*****    

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

§ 279.1 Definitions.

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 EPA Form 8700-12.  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.

79)  Amend Section 279.10 by revising paragraph (b)(3) to read as follows:

§ 279.10 Applicability.

*****

(b) Mixtures of used oil and hazardous waste

	*****   

	(3) Very small quantity generator hazardous waste.  Mixtures of used oil and very small quantity generator hazardous waste regulated under § 262.14 of these regulations are subject to regulation as used oil under this part.

*****   

80)  Amend Section 279.42 by revising paragraph (b)(1) to read as follows:

§ 279.42 Notification.

*******

(b) Mechanics of notification.  A used oil transporter who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting either:

	(1) A completed EPA Form 8700-12; or

*******

81)  Amend Section 279.51 by revising paragraph (b)(1) to read as follows:

§ 279.51 Notification.

******* 

(b) Mechanics of notification.  A used oil processor or re refiner who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting either:

	(1) A completed EPA Form 8700-12; or

	******* 

82)  Amend Section 279.62 by revising paragraph (b)(1) to read as follows:

§ 279.62 Notification  

*******  
 
(b) Mechanics of notification.  A used oil burner who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting either: 

	(1) A completed EPA Form 8700-12; or 

	*******  

83)  Amend Section 279.73 by revising paragraph (b)(1) to read as follows:

§ 279.73 Notification.

******* 

(b) A marketer who has not received an EPA identification number may obtain one by notifying the Department of their used oil activity by submitting either:

	(1) A completed EPA Form 8700-12; or

	*******  

84)  Amend Part 99 by revising paragraph (a) to read as follows:

PART 99 - NOTIFICATION

(a) NOTIFICATION OF REGULATED WASTE ACTIVITY.  Any person who generates or transports, or owns or operates a facility for treatment, storage, or disposal of, any hazardous wastes subject to these regulations shall file EPA Form 8700-12 with the Department stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person, prior to such activity.

*******

85) Amend Section 100.10 by revising paragraphs (a), (a)(1) and (a)(3) to read as follows:

§ 100.10 SCOPE OF THE RCRA PERMIT REQUIREMENT.  Who must apply?

*****  

(a) Specific exclusions and exemptions.  The following persons are among those who are not required to obtain a RCRA permit:

(1) Generators who accumulate hazardous waste on site in compliance with all of the conditions for exemption provided in §§ 262.14, 262.15, 262.16, and 262.17 of these regulations.

*****

(3) Persons who own or operate facilities solely for the treatment, storage, or disposal of hazardous waste excluded from regulations under this part by § 261.4 or § 262.14 (very small quantity generator exemption) of these regulations.

******* 

86) Amend Section 100.11 by revising the asterisk note paragraph following paragraph (a)(2)(ii) to read as follows:

§ 100.11 APPLICATION FOR A PERMIT.  When to Apply.

(a) Existing HWM facilities.  Part A Application.

*******  
 
(2) Existing HWM facilities and interim status qualifications.
Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a RCRA permit must submit Part A of their permit application no later than:

(i) six months after the date of publication of regulations which first require them to comply with the standards set forth in Part 265 or 267, or

(ii) thirty days after the date they first become subject to the standards set forth in Part 265 or 267, whichever first occurs.*

*	Under (i), the Commission may promulgate regulations under Part 261 listing and identifying new wastes which are hazardous; such facilities managing those newly listed wastes and who have not previously filed a Part A application must submit their Part A permit application within six months of the date of promulgation in order to qualify for interim status for those newly listed wastes.  Such facilities managing those newly listed wastes and who have previously filed a Part A application must amend their Part A permit application within six months of the date of promulgation in order to qualify for interim status for those newly listed wastes.  Under (ii) a generator who has been accumulating hazardous waste in accordance with § 262.17, and who begins to store the waste for more than 90 days may qualify for interim status as a storage facility if:

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87)  Amend Section 100.22 by revising paragraph (b) to read as follows:

§ 100.22 SHORT TERM PERMITS.

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(b) Trial Permits.  Trial permits are applicable only to hazardous wastes generated by very small quantity generators as defined in § 260.10 of these regulations.

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88)  Amend Section 100.31 by revising paragraphs (a)(3) and (c)(4) to read as follows:

§ 100.31 ANNUAL FEES.

(a) Applicability.

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(3) Generator fees.  All generators of hazardous waste that are subject to the fee requirements of section 25-15-302, C.R.S. and § 262.9 of these regulations, shall provide payment to reimburse the Department for those costs incurred in tracking, compliance monitoring, compliance assistance, plan review, enforcement, and other recurring activities that are reasonable and necessary to ensure compliance with these regulations.

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(c) Payment.  All owners and operators of facilities subject to the fees of this section shall provide timely payment of the annual fees to the Treasurer of the State of Colorado, as provided in this section. All annual fees shall be credited to the Hazardous Waste Service Fund.  A late payment fee of 2% per month or portion thereof shall be assessed on any unpaid balance subject to the limitations of § 24-79.5-101, et seq. C.R.S.

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(4) Generators.  Owners and operators of facilities that generate hazardous waste shall submit payment of the annual generator fee each year within 30 days after receiving the bill.  The fee shall be consistent with § 262.9 of these regulations.

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89)  Amend Section 100.33 by revising paragraphs (a), (a)(1) and (a)(2) to read as follows:

§ 100.33 HAZARDOUS WASTE NOTIFICATION FEES

(a) Applicability.  Facilities subject to regulation under Parts 99 and 262 of these regulations are subject to the following fees:

(1) A facility modifying their notification to any status requiring a lesser hazardous waste generation rate (e.g., a Large Quantity Generator re-notifying as a Small Quantity Generator, Very Small Quantity Generator, or non-generator) shall pay $120 along with submittal of their revised notification information.  The Department will not process the notification change without payment of the $120 fee.  No fees will be assessed for electronic submittals through myRCRAid.
 
(2) A facility submitting a new notification under Part 99 shall pay $120, except that newly notifying Very Small Quantity Generators shall not be subject to this fee.  The Department will not process the notification without payment of the $120 fee. No fees will be assessed for electronic submittals through myRCRAid.

90) Add Section 8.91 (Statement of Basis for the Rulemaking Hearing of May 15, 2018) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 15, 2018

8.91	Basis and Purpose.

These amendments to 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, 267, 268, 273, 279, 99 and 100 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Hazardous Waste Generator Improvements Rule

These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) finalize revisions to the state’s hazardous waste generator regulatory program.  These amendments correspond to the Environmental Protection Agency (EPA) rule published in the Federal Register on November 28, 2016 {81 FR 85732-85829}, and which became effective on May 30, 2017.

The primary intent of these amendments is to foster improved compliance by hazardous waste generators in the identification and management of the hazardous waste they generate and, as a result, improve protection of human health and the environment.  The objectives of these revisions include:
•	reorganizing the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community;
•	providing a better understanding of how the RCRA hazardous waste generator regulatory program works;
•	addressing the gaps in the existing regulations to strengthen environmental protection;
•	providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; and
•	making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist.

General organizational changes being adopted as part of this rulemaking include the following:

1) Changing the name of Conditionally Exempt Small Quantity Generator (CESQG) to Very Small Quantity Generator (VSQG)

2) Integrating the generator requirements formerly found at § 261.5 (Special requirements for hazardous waste generated by conditionally exempt small quantity generators) into new § 262.13 (Generator Category Determination) and § 262.14 (Conditions for exemption for a VSQG) in the Part 262 generator regulations.  With the addition of the new § 262.13 (Generator Category Determination), the existing § 262.13 (Generator Annual Fees) is being renumbered as § 262.9.

3) Separating the existing regulations at § 262.34 (Accumulation time) for Small Quantity Generators (SQGs), Large Quantity Generators (LQGs), and Satellite Accumulation Areas (SAAs) into three new sections:
a) § 262.15 – Satellite accumulation area regulations for small and large quantity generators; 
Note: Colorado is specifying in § 262.15(a)(4) that the temporary venting of a container may be allowed on a case-by-case basis with prior written approval from the Division. 
b) § 262.16 – Conditions for exemption for an SQG that accumulates hazardous waste; and 
c) § 262.17 – Conditions for exemption for an LQG that accumulates hazardous waste.
	
	4) Incorporating the text of relevant Part 265 regulations, where reasonable, into these new sections, rather than merely cross-referencing them.

Several of the revisions included in this rulemaking are more stringent than the current regulations, and Colorado is required to adopt equivalent provisions to the federal standards. These include the following:

1) Marking & Labeling – Requires SQGs, LQGs and transfer facilities to better define the risks of hazardous wastes accumulated in tanks, containers, drip pads, and containment buildings, as well as when hazardous waste is accumulated in satellite accumulation areas. These new marking and labeling requirements for waste accumulation units are being implemented to enhance 3 critical areas: risk communication; emergency preparedness and prevention; and the accuracy of hazardous waste determinations.  These new, more stringent labeling requirements include the following provisions:
a) § 262.14(a)(5)(viii)(B)(2) – VSQG container labeling requirements;
b) § 262.15(a)(5)(ii) – SQG and LQG labeling requirements for containers in satellite accumulation areas;
c) § 262.16(b)(5) – SQG Accumulation of hazardous waste in containment buildings;
d) § 262.16(b)(6)(i)(B) – SQG container labeling requirements;
e) § 262.16(b)(6)(ii)(B) – SQG tank labeling requirements;
f) § 262.17(a)(4) – LQG Accumulation of hazardous waste in containment buildings;
g) § 262.17(a)(5)(i)(B) – LQG container labeling requirements;
h) § 262.17(a)(5)(ii)(B) – LQG tank labeling requirements; and
i) § 262.17(c)(4)(iv)(B) – LQG tank and container labeling requirements for F006 waste.

2) Closure Notification Requirements for LQGs {§ 262.17(a)(8)} – Requires LQGs to notify EPA or their authorized state when they plan to close their facilities.

a) Closure of a waste accumulation unit – Requires LQGs to place a notice in their operating record within 30 days after closure identifying the location of the unit with the facility, or meet closure performance standards and notify the Department.

b) Closure of the facility – Requires the LQG to notify the Department no later than 30 days prior to closing the facility.  The LQG must also notify the Department within 90 days after closing the facility that it has complied with closure performance standards or notify if it can’t complete a clean closure of the facility.  LQGs that fail to complete clean closure of the facility are required to complete closure as a landfill under § 265.310 in the case of a container, tank or containment building, or under § 265.445(b) for a facility with drip pads.
  
3) Re-notification Requirements for SQGs {§ 262.18(d)} – Requires SQGs to re-notify every four years.  Colorado is also requiring VSQGs that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005 to re-notify the Department starting in 2021 and every four years thereafter using EPA Form 8700-12.  This re-notification for VSQGs and SQGs must be submitted to the Department by September 1st of each year in which re-notifications are required, unless the VSQG or SQG has submitted an updated notification within the last four years.

4) Biennial Reporting Requirements {§ 262.41)} – Requires LQGs to submit a biennial report that identifies all of the hazardous wastes generated in the calendar year, not just for the months the facility was an LQG.

5) Preparation of Contingency Plan Quick Reference Guide {§ 262.261(h)} – Requires new LQGs and LQGs updating their contingency plans to prepare a quick reference guide for their contingency plans to assist responders in an emergency. The Quick Reference Guide must contain the following elements:

	a) Types/names of hazardous waste and associated hazards;
	b) Estimated maximum amounts of hazardous wastes on-site at the facility;
	c) Identification of hazardous wastes requiring unique/special treatment;
	d) Map showing where hazardous wastes are generated, accumulated and/or stored at the facility;
	e) Map of facility and surroundings to identify routes or access and evacuation;
	f) Locations of water supply (e.g., fire hydrant and its flow rate);
	g) Identification of on-site notification systems (e.g., fire alarms, smoke alarms); and
	h) Name of emergency coordinator(s) and 24-hour emergency telephone number(s). 

6) Biennial Reporting Requirements for Owners or Operators of Facilities that Recycle Hazardous Waste Without Storing It {§ 261.6(c)(2)} – Requires facilities that recycle hazardous waste without storing the waste to prepare and submit a Biennial Report. 

A few of the proposed revisions included in this rulemaking are less stringent than the current hazardous waste regulation, and Colorado is not required to adopt these changes. These revisions include the following:

1) LQG Consolidation of VSQG Wastes {§ 262.14(a)(5)(viii) and § 262.17(f)} – Allows VSQGs to voluntarily send hazardous waste to LQGs under the control of the same person. 

2) Waiver of the 50-foot Setback Requirement {§ 262.17(a)(1)(vi)}– Allows LQGs to apply for a waiver from their local fire department to accumulate ignitable and reactive wastes within the 50 foot facility boundary.

Colorado is not adopting amendments regarding the following portions of the federal rule:

1) Episodic Generation Requirements {40 CFR Part 262, Subpart L}. The Federal rule implements Alternative Standards for Episodic Generation at 40 CFR Part 262, Subpart L that allows VSQGs and SQGs to conditionally maintain their generator category if they experience an episodic hazardous waste generation event that causes them to exceed the generation quantity limit for their category in a particular month which would subject them to more stringent generator requirements. The new Federal rule is a complex system of notification and management requirements for planned events and unplanned events, and only allows one event per year with an option to petition for a second event.  All waste generated during an episodic event has different labeling and tracking requirements from the regularly generated waste at the facility.

The new federal requirements seem like an unnecessarily complicated way to deal with episodic generation events that 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.

Adoption of the new federal episodic generation event regulations will not afford any great relief to generators, are unnecessarily complex, and would be difficult to enforce. Colorado prefers to remain more stringent in order to ensure protection of human health and the environment in the management of these hazardous wastes.

However, Colorado is adopting a new Part 262, subpart L in order to clarify that generators experiencing an episodic event must comply with the requirements of the generator category that applies during any given month.  Colorado is also allowing 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.

2) Amendment of § 261.420 – Colorado is not adopting the addition of paragraph (g) to section 261.420, as Colorado has not adopted the  optional Subpart M Standards (Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials) that were established as part of the Revisions to the Definition of Solid Waste rulemaking of January 13, 2015 (80 FR 1694-1814). 

3) Amendment of §§ 262.200-262.216 – Colorado is not adopting these revisions, as Colorado has not adopted the optional Subpart K provisions (Subpart K – Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities) established  as part of the Academic Laboratories Generator Standards rulemaking of December 1, 2008 (73 FR 72912-72960). 

Additional items included in this rulemaking:

1) VSQG Waste Collection Facilities – Colorado is eliminating Section 263.10(b) to clarify that VSQG waste collection facilities are not considered transfer facilities under the Colorado Hazardous Waste Regulations (6 CCR 1007-3).  VSQG Waste Collection Facilities receiving hazardous waste from non-affiliated generators in Colorado will be individually reviewed and approved by the Department pursuant to 262.14(a)(5)(iii).     

Allowing VSQGs to send their hazardous waste to a waste collection facility will help ease the financial and administrative burden for VQGs and encourage responsible waste management, treatment, and disposal.
 
2)  Independent Requirements {§ 262.10} – One of the objectives of this rule was to clarify which requirements for hazardous waste generators are conditions for exemption from the requirement to obtain a permit for the storage of hazardous waste on site at the generator’s facility and which requirements are independent requirements that all generators of hazardous waste must comply with regardless of whether they store hazardous waste on site.  Colorado has expanded the list of independent requirements for generators from that of the Federal rule for requirements that are unique to Colorado and to clarify that notification requirements of Part 99 and the land disposal restriction requirements of Part 268 are considered independent requirements in Colorado.  The independent requirements that are unique to Colorado are: Section 262.9 (Generator Annual Fees) and Section 262.43 (Additional Reporting).     

3)  Retention of more stringent provisions. As part of this rulemaking, Colorado is also retaining the following more stringent provisions that currently exist in § 261.5, § 262.34, § 262.52, and § 262.174 of the regulations:

	a) Prohibition of CESQG to dispose of waste on-site {§ 261.5(f)(3)(iv) and (g)(3)(iv)} – Colorado regulations currently specify that a conditionally exempt small quantity generator of hazardous waste may not dispose of his/her hazardous waste on-site.  This requirement for VSQGs is now located at § 262.14(a)(5) of the regulations.

	b) Requirement for CESQG generating F001, F002, F004, and F005 waste to notify{§ 261.5(b)(2)} – Colorado regulations currently require CESQGs that generate 3 gallons or more per calendar year of hazardous waste codes F001, F002, F004 and/or F005 to notify the Department of their hazardous waste activities and obtain an EPA Identification Number.  This requirement for VSQGs is now located at § 262.10(a)(1)(i)(E) of the regulations.

	c) Requirement to complete Self-Certification Checklist {§ 261.5(b)(4) and § 262.43(b)} – Colorado regulations currently require any generator, including CESQGs, that receive a Self-Certification Checklist from the Department to complete and return the checklist within the timeframe specified in the instructions.  This requirement is now located at § 262.10(a)(1)(i)(D) for VSQGs, § 262.10(a)(1)(ii)(H) for SQGs, and § 262.10(a)(1)(iii)(H) for LQGs.

	d) Requirement to document training for SQGs {§ 262.34(d)(5)(iii)} – Colorado regulations currently require documentation of training for SQGs of hazardous waste, and make training performance-based.  This requirement for SQGs is now located at § 262.16(b)(9).

   	e) Satellite accumulation area time limit. {§ 262.34(c)(2) and § 262.34(g)(2)} – Unlike the federal requirement which allows 3 days, Colorado regulations require a generator that manages hazardous waste in satellite accumulation containers to move that container to the 180/270 or 90-day accumulation area immediately (i.e., within 24-hours) from when the 55-gallon limit is reached. This requirement is now located at § 262.15(a)(6).
   
	f) Requirement for CESQGs to minimize releases {§ 261.5(b)(5) and 265.31(a)} – Colorado regulations require all generators, including CESQGs, to maintain and operate their facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.  This requirement is now located at § 262.14(d) for VSQGs, § 262.16(b)(8) for SQGs, and § 262.17(a)(6) for LQGs.

	(g) Expanded list of weekly inspection requirements {§ 265.174} – Colorado regulations require a thorough inspection of hazardous waste containers to ensure that all of the Part 265 Subpart I requirements regarding use and management of containers and the applicable labeling requirements of  § 262.34 are being met.  These regulations also require that problems identified during the inspection be remedied.  These requirements are now also located at § 262.16(b)(2)(iv) for SQGs, and § 262.17(a)(1)(v) for LQGs.

	(h) Additional Contingency Plan Requirement {§ 262.261(g)} – Colorado regulations also require LQGs of hazardous waste to identify the fire protection district responsible for providing fire protection services to be identified in the contingency plan.  If a facility is not within a fire protection district, the LQG must state that in their contingency plan, and operate under their own fire protection plan that has been approved by the Department.  Colorado regulations also require identification of the local emergency planning committee (LEPC) for the area where the facility is located.  In addition to § 265.52(g), this requirement is now also located at § 262.261(g).

4) Replacement of References to Colorado Hazardous Waste Notification Form – Colorado is revising the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to remove all references to the Colorado Hazardous Waste Notification Form, and replace with a reference to EPA Form 8700-12.

5) Amendment of § 100.33 Hazardous Waste Notification Fees.  Section 100.33 is being amended to clarify that generators filing electronically with the Division to change their generator status are not subject to the $120 notification processing fee.

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 proposed rule.  The Commission finds that this rule is necessary to protect the public health and environment of the state.

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 81 FR 85732-85829, November 28, 2016.