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

Amendment to the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) – Section 1.2 (Definitions), Section 10.3.2 (Registration for Waste Tire Haulers), Sections 10.5.8, 10.6.9, 10.8.9 (Facility Engineering Design and Operations Plan – Waste Tire Monofills, Waste Tire Processors, and Waste Tire Collection Facilities), Section 10.6.3 (Waste Tire Processors Registration Requirements), and 
Section 10.12.5 (Waste Tire End Users Fund Rebate Amount). 

(Adopted by the Solid and Hazardous Waste Commission on February 18, 2020)

Basis and Purpose
	
I.	Statutory Authority

Section 30-20-1401(2), C.R.S. gives the Solid and Hazardous Waste Commission (the Commission) the authority to promulgate waste tire regulations in order to implement and enforce Section 30, Article 20, Part 14, C.R.S. 

II.	Purpose of revised regulations:
	
The purpose of revising 6 CCR 1007-2 Part 1 (the Regulations) is to correct a typographical and section reference error, to further clarify the current requirements of 6 CCR 1007-2 Part 1, and to add language from Senate Bill 19-198 that was inadvertently omitted from 6 CCR 1007-2 Part 1.

Discussion of Regulatory Proposal

The definition of three year rolling average is being revised to include waste tire processors. A waste tire processor is type of recycler because a waste tire processor processes a waste tire into a tire-derived product. Adding waste tire processors to the definition clarifies that a waste tire processor is subject to the three year rolling average requirement and links the definition to Section 10 of the Regulations.

	The amended Section 10.3.2 (C) (Registration for Waste Tire Haulers) clarifies when the Department will issue a Certificate of Registration and corresponding Waste Tire Hauler decals. This subsection is broken out into two parts to address: 1) A new applicant applying to register as a Waste Tire Hauler; 2) An existing Waste Tire Hauler registrant. A new Waste Tire Hauler applicant would not be required to submit the Commercial Waste Tire Hauler Annual Report Form (Form WT-4) at the time of application submittal as the applicant would not have any waste tire hauler activities to report on. To avoid the March 15 expiration date of the Waste Tire Hauler’s Certificate of Registration, an existing Waste Tire Hauler registrant is required to renew their Waste Tire Hauler registration by February 1 by submitting a Waste Tire Hauler renewal registration. The existing Waste Tire Hauler must also submit Form WT-4 by March 1. The Department will only issue a Certificate of Registration to a Waste Tire Hauler if a complete and timely Waste Tire Hauler renewal registration and complete and timely Form WT-4 has been submitted.

	The annual report reference in Section 10.3.2 (C) was corrected, as this Section incorrectly referenced 10.3.6 (Waste Tire Hauler Self-Certification) instead of 10.3.5 (Annual Report).

	Sections 10.5.8 (Waste Tire Monofill), 10.6.9 (Waste Tire Processor), and 10.8.9 (Waste Tire Collection Facilities) were modified to no longer require that the Engineering, Design and Operations Plan – Fire Prevention, Training and Firefighting Plan be written by a “qualified professional.” This change was made because the Fire Prevention, Training and Firefighting Plans the Department has received for review have been written by the facility or the facility’s consultant. These people are typically not familiar with the local fire code requirements that relate to tire storage and tire processing. To assure that the Fire Prevention, Training and Firefighting Plan will meet the local fire department/local fire jurisdiction fire code requirements, the Fire Prevention, Training and Firefighting Plan must now be approved by the local fire department/local fire jurisdiction or in areas where no fire code exists, by the Colorado Division of Fire Prevention and Control in the Department of Public Safety. 

	A typographical error in Section 10.6.3 (B) (Waste Tire Processors Registration Requirements) was corrected by adding the missing form number to the referenced form (Form WT-1).	

	Section 10.12.5 (Rebate Amount) adds the language requiring that twenty-five percent of the expected annual rebate amount be held in reserve before paying the first quarterly rebate. This is required by 30-20-1405(5)(b), C.R.S. 

Description of Local Government Involvement in the Stakeholder Process 
	
	Executive Order D 2011-005 (EO-5), “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 EO-5 Internal Communication Form – Draft & Conception Phase that was transmitted to local governments. These regulations would impact any county or municipality that are a Waste Tire Hauler, Waste Tire Monofill, Waste Tire Processor, Waste Tire Collection Facility, and/or a Waste Tire End User.
	
Issues Encountered During Stakeholder Process: 

Stakeholders were notified by e-mail of the revision of these regulations. Stakeholders were given an opportunity to provide any comments. Only one comment was received. This comment identified an error that related to the inadvertent striking out of the section numbering and title for section 10.8.9 (A)(3)(d). The Department corrected this error.
  
Regulatory Alternatives

	No other regulatory alternatives were evaluated.

Cost/Benefit Analysis

A cost-benefit analysis will be performed if requested by the Colorado Department of Regulatory Agencies.