DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Amendment of Section 262.14(a) 

(Adopted by the Solid and Hazardous Waste Commission on February 19, 2019)

1) Revise paragraph (a) of 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 262.43) through 268, and 100 of these regulations, and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. VSQGs generating 3 gallons or more of F001, F002, F004, or F005 hazardous waste in a calendar year must also comply with § 262.18.  The conditions for exemption are as follows:

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2) Add Section 8.93 (Statement of Basis for the Rulemaking Hearing of February 19, 2019) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2019

8.93	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.

Amendment of the Section 262.14(a)

These amendments correct technical errors and inadvertent omissions in paragraph (a) of Section 262.14 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) that were identified after Colorado adopted state analogs to the federal Hazardous Waste Generator Improvements Rule on May 15, 2018, and after the previous HW Generator Improvement Amendments had been filed for the November 20, 2018 rulemaking hearing.  

Paragraph (a) of the Section 262.14 conditions for exemption for a very small quantity generator (VSQG) of hazardous waste is being amended to:

1) Exempt VSQGs of hazardous waste from complying with the requirements of Part 263 (Standards Applicable to Transporters of Hazardous Waste).  As § 262.14(a) is currently written, VSQGs are subject to the Part 263 requirements.  VSQGs are not required to manifest their hazardous waste under RCRA, and it is not the Division’s intent to require VSQGs to do so under the state regulations.  This amendment corrects this issue.

2) Clarify that only VSQGs generating 3 gallons or more of F001, F002, F004, and/or F005 hazardous waste in a calendar year are required to comply with the requirements of § 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).  As currently written, § 262.14(a) implies that all VSQGs are required to comply with the requirements of § 262.18.  This amendment corrects the VSQG exemption to specify that only VSQGs generating 3 gallons or more of F001, F002, F004, and/or F005 hazardous waste in a calendar year are required to comply with the requirements of § 262.18.

This amendment is more stringent than the federal regulations.  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 public health and the environment.

3) Add a reference to § 262.43 in Section 262.14 to require VSQGs to complete and return a Self-Certification Checklist if requested by the Division.  VSQGs are already required to comply with the Self-Certification requirements of § 262.43 through § 262.10(a)(1)(i)(E).  This amendment simply provides further clarification of this requirement.