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

Amendments to the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) – Deletion of Yellow Grease From Section 18 (Waste Grease Transporters, Facilities, and Personal Users of Waste Grease) and the Associated Revision of the Section 1.2 Definitions of “Trap Grease” and “Waste Grease”

(Adopted by the Solid and Hazardous Waste Commission on November 20, 2012)

Basis and Purpose
	
I.	Statutory Authority

These amendments to 6 CCR 1007-2, Section 18: Waste Grease Transporters, Facilities, and Personal Users of Waste Grease and Section 1.2: Definitions, are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 30-20-109, C.R.S.  These regulation amendments are a direct result of Senate Bill 12-077, passed by the legislature in 2012.
		
II.	Senate Bill 12-077 

Senate Bill (SB) 12-077 amended section 30-20-113 of the Colorado Revised Statutes (C.R.S.) by removing requirements for any person who collects, transports, stores, processes, or disposes of yellow grease. SB 12-077 also revised section 30-20-123 by removing yellow grease from the definition of grease, revising the definition of trap grease, and removing the Colorado Department of Public Health and Environment’s (the “Department”) authority to regulate any yellow grease that is not intercepted by and contained in grease traps or grease interceptors. 

III.	Purpose of revising the regulations: 

The purpose of revising Sections 1.2 and 18 is to implement the requirements put in place by SB 12-077.  Section 1.2 is being amended to incorporate the revised SB 12-077 definitions of trap grease and grease (which is referred to in Section 1.2 as waste grease).  Sections 18.1.1 and 18.1.2 are also being amended to remove yellow grease from the Section 18.1 Scope and Applicability requirements for waste grease transporters and waste grease facilities.

Sections 18.1.6 and 18.3.4 are being revised to address concerns identified by the Office of Legislative Legal Services (OLLS) during its review of the Section 18 regulations. 

Discussion of Regulatory Proposal

I.	For consistency with the definitional changes made pursuant to SB 12-077, the definitions of “Trap grease” and “Waste grease” in Section 1.2 of the solid waste regulations (6 CCR 1007-2, Part 1) are being modified to delete the reference to yellow grease.

II.	Scope and applicability (Section 18.1)

Yellow grease is being deleted from sections 18.1.1 and 18.1.2 because the waste grease requirements no longer apply to yellow grease. Sections 18.1.1 and 18.1.2 were the only provisions of the section 18 regulations that referred specifically to yellow grease.

III.	Exemptions (Section 18.1.6)

Section 18.1.6 (B) is being modified by adding language pursuant to section 30-20-123(10), C.R.S. to specify that the exemption from regulatory oversight applies both to persons not engaged in the business of collecting, transporting, or disposing of grease and to persons who are not knowingly collecting, transporting, or disposing of waste grease.  

The registration exemptions in sections 18.1.6 (E) and (F) regarding the acceptance of waste grease by infrequent waste grease collection events and household hazardous waste collection facilities are being removed. OLLS’s concern regarding these exemptions was that there is no statutory provision for temporary events.  Pursuant to section 30-20-123(3), C.R.S.,  the requirement to register would be triggered whenever a grease roundup event or a househould hazardous waste collection facility accepts waste grease from private citizens, and the amount of waste grease collected meets the minimum regulated amount of 55-gallons.  The exemptions at Section 18.1.6(E) and (F) of the regulations were intended for the collection of yellow grease.  With the removal of yellow grease from the Section 18 requirements, these exemptions are no longer applicable, and are being deleted at this time. 

IV.	Manifest Requirements (Section 18.3.4)

Section 18.3.4 (D)(1)  is being modified by adopting language pursuant to section 30-20-123(3)(c)(I)(D), C.R.S. requiring a source’s facility registration number, if applicable, on the manifest.

Stakeholder Involvement in the Process 
	
	Executive Order D 2011-005, “Establishing a Policy to Enhance the Relationship between State and Local Government” (EO5) requires state rulemaking agencies to consult with and engage local governments prior to the promulgation of any rules containing mandates.  The EO5 - Internal Communication Form was completed and explained the reason for the rulemaking and how the rulemaking would affect local governments.  

I.	Department reasoning supporting the need to issue regulation amendments
The statutory changes adopted pursuant to SB 12-077 require the Solid and Hazardous Waste Commission to revise the Section 1.2 definitions of trap grease and waste grease and to remove yellow grease from the Section 18 requirements.

II.	Potential impacts to local governments
The SB 12-077 amendments to sections 30-20-113, §30-20-123, C.R.S. and these proposed amendments to Section 18 of the solid waste regulations remove yellow grease requirements for any person who collects, transports, stores, processes, or disposes of yellow grease. The section 30-20-113 and 30-20-123, C.R.S. and Section 18 requirements still apply to local governments if the local government transports trap grease, arranges for the transportation or disposal of trap grease, or is a waste grease facility that handles trap grease.  

III.	Extent of Agency consultation with representatives of local governments affected
The Department’s Hazardous Materials and Waste Management Division, Solid Waste and Materials Management Program completed an EO-5 that was submitted to the Office of State Planning and Budgeting (OSPB) for local government notification, through OSPB’s online notification system. 

Issues Encountered During Stakeholder Process: 

No issues were encountered during this stakeholder process.

Regulatory Alternatives

	No alternatives to these rules were considered because these rules are strictly the result of statutory amendments.

Cost/Benefit Analysis

A cost-benefit analysis has not been done for these regulations as the regulations are strictly the result of statutory amendments.