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 Part 262, Subpart L – Episodic Generation 

(Adopted by the Solid and Hazardous Waste Commission on May 21, 2019)

1) Amend the Table of Contents for Part 262, Subpart L by adding listings for Sections 262.231 and 262.232 to read as follows:  

Subpart L – Episodic Generation   
262.230  Applicability.
262.231 	Definitions for this subpart.
262.232	Conditions for a generator managing hazardous waste from an episodic event.

2) Amend Part 262 by revising 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.

§ 262.231 Definitions for this subpart.

Episodic event means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category.

Planned episodic event means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.
Unplanned episodic event means an episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or “acts of nature,” such as tornado, hurricane, or flood.

§ 262.232 Conditions for a generator managing hazardous waste from an episodic event.

(a) A VSQG that generates hazardous waste episodically at the level of a SQG must operate in compliance with the appropriate SQG requirements of Part 262 of these regulations for any month during which the VSQG operates at the SQG level, and must comply with the additional conditions of paragraphs (c)(1) - (c)(4) of this section.    

(b) A VSQG or a SQG that generates hazardous waste episodically at the level of a large quantity generator (LQG) must operate in compliance with the appropriate LQG requirements of Part 262 of these regulations for any month during which the VSQG or SQG operates at the LQG level, and must comply with the additional conditions of paragraphs (c)(1) - (c)(4) of this section.  

(c) The following additional conditions apply to the hazardous waste generated from an episodic event:

(1)  Notification. The VSQG or SQG must notify the Department no later than thirty (30) calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the VSQG or SQG must notify the Department within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12. The VSQG or SQG shall include the start date and end date of the episodic event and the reason(s) for the event, types and estimated quantities of hazardous wastes expected to be generated as a result of the episodic event, and identify a facility contact and emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to emergency.  

(2) Labeling. The VSQG or SQG must label the containers and tanks accumulating episodic hazardous waste with the words “Episodic Hazardous Waste.” 

(3) Duration. The VSQG or SQG has up to sixty (60) calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility, as defined in § 260.10 of these regulations.

(4) Recordkeeping. VSQGs and SQGs must maintain the following records for three (3) years from the end date of the episodic event:

(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste; and
(v) Name(s) of hazardous waste transporters.

(d) 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 Part 262 of these regulations, except for § 262.41(Biennial reporting). The VSQG or SQG must also comply with the additional conditions of paragraphs (c)(1) - (c)(4) of this section.  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 Part 262 of these regulations, including § 262.41(Biennial reporting), and the additional conditions of paragraphs (c)(1) - (c)(4) of this section.

3) Add Section 8.94 (Statement of Basis for the Rulemaking Hearing of May 21, 2019) to Part 8 of the Regulations to read as follows:

Statement of Basis and Purpose
Rulemaking Hearing of May 21, 2019

8.94	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 Part 262, Subpart L – Episodic Generation

These amendments revise the Part 262, Subpart L Episodic Generation requirements adopted by the Commission on May 15, 2018 in response to the federal  Hazardous Waste Generator Improvements Rule issued by the Environmental Protection Agency (EPA) and published in the Federal Register on November 28, 2016 {81 FR 85732-85829}. 

As discussed in the § 8.91 Statement of Basis and Purpose from the May 15, 2018 Hearing, Colorado chose not to adopt the new federal episodic generation event regulations, as the regulations were deemed to be unnecessarily complex, difficult to enforce, and would not afford any great relief to very small quantity generators (VSQGs) or small quantity generators (SQGs) experiencing an episodic hazardous waste generation event that causes them to exceed the generation quantity limit for their category in a particular month.

Instead, Colorado adopted more stringent Part 262, Subpart L regulations that required generators experiencing an episodic event to comply with the requirements of the generator category that applies during any given month.  Colorado’s regulations also allow 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. As part of today’s rulemaking, Colorado is also including additional requirements in § 262.232 of the regulations that a VSQG or SQG experiencing an episodic event must comply with in order to maintain their generator category and still be exempt from the biennial reporting requirements of § 262.41.

Episodic generation events 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.

With these amendments, Colorado is making the following additions and clarifications to its Part 262, Subpart L provisions regarding Episodic Generation:

1) Addition of Section 262.231 (Definitions for this subpart).  Definitions of “Episodic event”, “Planned episodic event” and “Unplanned episodic event” are being added to the new section 262.231.

2) Addition of Section 262.232 (Conditions for a generator managing hazardous waste from an episodic event). The existing Subpart L provisions regarding episodic generation are being incorporated under § 262.232, and are being revised to include the following:

a) Notification. The VSQG or SQG must notify the Department no later than thirty (30) calendar days prior to initiating a planned episodic event using EPA Form 8700-12. In the event of an unplanned episodic event, the VSQG or SQG must notify the Department within 72 hours of the unplanned event via phone, email, or fax, and subsequently submit EPA Form 8700-12. 

b) Labeling. The VSQG or SQG must label the containers and tanks accumulating episodic hazardous waste with the words “Episodic Hazardous Waste.”

c) Duration. The VSQG or SQG has up to sixty (60) calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

d) Recordkeeping.  VSQGs and SQGs must maintain the following records for three (3) years from the end date of the episodic event:

(i) Beginning and end dates of the episodic event;
(ii) A description of the episodic event;
(iii) A description of the types and quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste; and
(v) Name(s) of hazardous waste transporters.

e) 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 Part 262 of these regulations, including § 262.41(Biennial reporting).

With these amendments, Colorado is clarifying the additional requirements that a VSQG or SQG experiencing an episodic event must comply with in order to retain their generator category, while still retaining Colorado’s more stringent Subpart L 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 more stringent rule.  The Commission finds that this rule is necessary to protect public health and the environment.