DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission

Hazardous Materials and Waste Management Division

6 CCR 1007-2

STATEMENT OF BASIS AND PURPOSE
AND SPECIFIC STATUTORY AUTHORITY FOR

Part 1 – Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2)
Amendment of Waste Grease Regulations – Modification of waste grease transporter and facility annual fees requirements

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

Basis and Purpose

I. 	Statutory Authority
These amendments to 6 CCR 1007-2, Part 1 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 30-20-123, C.R.S.
II.	Purpose of revised regulations
The Waste Grease Fund and registration fees were created in § 30-20-123, C.R.S. to provide funding to cover the Department’s cost to implement the waste grease regulatory requirements.  The Department has accrued a balance each year that is greater than the program administrative costs and needs to lower the annual registration fees for waste grease transporters and facilities.
III. 	Discussion of Regulatory Proposal
	Annual Waste Grease Facility and Transporter Fees
The current fees charged to waste grease transporters and facilities pursuant § 30-20-123, C.R.S. and Section 1.7.5 of the solid waste regulations were estimated in 2012 as an estimate of Department cost to implement the regulatory requirements for Section 18, Waste Grease Transporters, Facilities, and Personal Users of Waste Grease.  The Department has since found that the fees paid by waste grease registrants exceeds the cost to implement the program.  The purpose of this change to the regulation is to lower the annual waste grease transporter and facility fees in Section 1.7.5 of the solid waste regulations to be in line with the cost to implement the program.  
Section 1.7.5 will be changed to reflect a drop in annual registration fees for waste grease transporters from $570 per vehicle annually to $280 per vehicle annually.  The annual registration fees for waste grease facilities will drop from $1,140 to $700 annually.

Issues Encountered During the Stakeholder Process
No issues were encountered during the stakeholder process.

Description of Local Government Involvement in the Stakeholder Process
Executive Order D 2011-005 (EO5), “Establishing a Policy to Enhance the Relationship between State and Local Government” requires state rulemaking agencies to consult with and engage local governments prior to the promulgation of any rules containing mandates. The Department completed an EO5 – Internal Communication Form – Internal Conception Phase which was transmitted to local governments. The revised recycling regulations will have little effect on local governments.

Cost/Benefit Analysis
A cost benefit analysis will be performed upon request.