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 Amendments.

(Adopted by the Solid and Hazardous Waste Commission on November 20, 2018)

1) Revise Subparts A and B of the Table of Contents for Part 262 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 large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001,  F002, F004, and/or F005.

	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	Use of the electronic manifest.
262.25 	Electronic manifest signatures.
262.26	Reserved.
262.27	Waste minimization certification.

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2) Revise paragraphs (a)(1)(i) through (a)(1)(iii) of Section 262.10 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; 
(C) Section 262.13 Generator category determination;
(D) Section 262.18 EPA Identification numbers and re-notification for large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and or F005; 
(E) Section 262.43 Additional reporting; and
(F) Part 99 Notification Requirements (Required 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 large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and or F005;
(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; (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; and
(M) Section 6.04 Annual Commission Fee.
(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 large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and or F005;
(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; 
(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; and
(L) Section 6.04 Annual Commission Fee.

3) Revise paragraph (d) of Section 262.10 to read as follows:

§ 262.10 Purpose, scope, and applicability. 
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(d) Any person who exports or imports hazardous wastes must comply with § 262.18 and Subpart H of this part.  

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4) Revise paragraph (g)(2) of Section 262.10 to read as follows:

§ 262.10 Purpose, scope, and applicability. 
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(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 subject to penalty or injunctive relief under 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 also 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.  
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5) Revise paragraph (a)(7) of Section 262.15 to read as follows:

§ 262.15  Satellite accumulation area regulations for small and large quantity generators.
(a) *******
 (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)(10).
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6) Add paragraph (a)(10) to Section 262.15 to read as follows:

§ 262.15  Satellite accumulation area regulations for small and large quantity generators.
(a) *******
(10) The generator complies with the training requirements of § 262.16(b)(9) if operating as an SQG, and with the training requirements of § 262.17(a)(7) if operating as an LQG.
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7) Revise paragraphs (b) and (b)(1) of Section 262.16, and add paragraphs (b)(1)(i) through (b)(1)(i)(B) to read as follows:
	
§ 262.16  Conditions for exemption for a small quantity generator that accumulates hazardous waste.
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(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 (c) and (d) of this section. The following accumulation conditions also apply:
(1) Accumulation limit. The quantity of non-acute hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds);

(i) If the 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:

(A) 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

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

8) Delete and reserve paragraph (b)(8)(vi)(D)(5) of Section 262.16 to read as follows:

§ 262.16  Conditions for exemption for a small quantity generator that accumulates hazardous waste.
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(b) *******
(8) ******* 
 (vi) ******  
(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:
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(5) Reserved. 
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9) Revise paragraph (b)(10)(i) of Section 262.16 to read as follows:

§ 262.16  Conditions for exemption for a small quantity generator that accumulates hazardous waste.
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(b) *******
(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)(10)(iv) of this section. This employee is the emergency coordinator.

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10) Revise paragraph (d) of Section 262.16 to read as follows:

§ 262.16  Conditions for exemption for a small quantity generator that accumulates hazardous waste.
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(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 the Department 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.
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11) Revise paragraph (a)(7)(i)(A) of Section 262.17 to read as follows:

§ 262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste.
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(a) *******
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(7) Personnel training. (i)(A) Facility personnel must successfully complete a program of classroom instruction, and/or online training (e.g., computer-based or electronic), and 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.
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12) Revise the title of Section 262.18 to read as follows:

§ 262.18 EPA identification numbers and re-notification for large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005.
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13) Revise paragraph (d)(3) of 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.
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(d) ******* 
(3) A large quantity generator must re-notify the Department 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.
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14) Revise paragraph (f) of Section 262.20 to read as follows:

§ 262.20 General requirements.
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(f) The requirements of this subpart and § 262.32(b) do not apply to the transport of hazardous wastes on a public or private right‑of‑way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right‑of‑way.  Notwithstanding § 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in §§ 263.30 and 263.31 of these regulations in the event of a discharge of hazardous waste on a public or private right‑of‑way.

15) Amend Part 262 by adding a reference to read as follows indicating that Subparts I through K are reserved:

§§ 262.85-262.89  [Reserved]
Subparts I – K [Reserved]  

16) Revise paragraph (c) of Section 262.230 to read as follows:

§ 262.230 Applicability.
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(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), except for § 262.41(Biennial reporting); 262.15; and 262.17.  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), including § 262.41(Biennial reporting); 262.15 and 262.17.
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17) Revise paragraph (b)(5) of Section 262.251 to read as follows:

§ 262.251  Maintenance and operation of facility.
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(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: 
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 (5) The approved plan shall become a part of the facility's contingency plan.

18) Revise Subpart M of Part 262 by adding a listing prior to § 262.260 to indicate that sections 262.257 through 262.259 are reserved:

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§§ 262.257- 262.259 Reserved.

§ 262.260 Purpose and implementation of contingency plan.
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19) Revise paragraph (h) of Section 262.261 to read as follows:

§ 262.261  Content of contingency plan.

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(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 in section 262.262 or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include the following elements:

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20) Add Section 8.92 (Statement of Basis for the Rulemaking Hearing of November 20, 2018) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of November 20, 2018

8.92	Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 262 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 Amendments

These amendments correct technical errors and inadvertent omissions that were identified after Colorado adopted state analogs to the federal Hazardous Waste Generator Improvements Rule on May 15, 2018.

These amendments correct typographical errors and inadvertent omissions that exist in §§ 262.10, 262.15, 262.16, 262.17, 262.18, 262.20, 262.230, 262.251, 262.261 and the Table of Contents for Part 262 of the current regulations.   

The state requirements for very small quantity generators (VSQGs) of hazardous waste in Colorado are more stringent than the federal provisions. 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.