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

Repeal of Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2 Part 1) - Section 18 (Waste Grease Transporters, Facilities, and Personal Users of Waste Grease) and associated amendments. Amendment of Waste Grease Regulations – Repeal of waste grease transporter and facility regulatory requirements.

(Adopted by the Solid and Hazardous Waste Commission on November 17, 2020)

Basis and Purpose

I. 	Statutory Authority
The 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 retracted regulations
The purpose of repealing 6 CCR 1007-2 Part 1, Section 18 (the Regulations) Waste Grease transporters, Facilities and Personal Users of Waste Grease and the associated sections is to align and update the regulations  with House Bill 20-1374, which was signed on June 29, 2020. House Bill 20-1374 repeals 30-20-123 CRS and the authorization of the Waste Grease Program as implemented under Section 18 of the regulations.

Discussion of Regulatory Proposal
Section 18 (Waste Grease Transporters, Facilities and Personal Users of Waste Grease) is being deleted, removing the regulatory requirements pertaining to the transporters, facilities, and personal users of waste grease. The repeal removes the Section 18 requirements, including the general standards and provisions such as registration, annual reporting, financial assurance and record keeping for entities that transport and store waste grease.  
Annual waste grease registration decals that expire will not be renewed.  In addition, annual reports, beginning with calendar year 2020, will no longer be required.  The division will no longer issue manifests to track waste grease or require waste grease haulers to obtain financial assurance. Section 1.2 is being amended by deleting the following definitions that are associated with the Section 18 waste grease regulations: 
“Collect”;  “Manifest”;  “Personal use of waste grease as biofuel”;  “Personal use of waste grease other than for use as biofuel”; “Process”; “Registrant”; “Source of waste grease”;  “Store”;  “Transport” ; “Trap grease” ; “Waste grease” ; “Waste grease facility” ;“Waste grease generator”; “Waste grease transporter”; and  “Yellow grease”.  
Section 1.5.2 is being amended to remove a citation of Section 18 regarding the wavier process and procedures established within the regulations. 
Section 1.7.5 Waste Grease annual fees are deleted due to the requirements for the repeal of the waste grease program. 
Section 4.1.2 (K) is being amended to remove a citation of Section 18 regarding the financial assurance requirements that previously applied to waste grease operators under Section 18. 
Section 8.1.4(C) is being amended to remove the exemption regarding waste grease recycling.

Issue Encountered During the Stakeholder Process
Stakeholders were notified of the repeal of HB 20-1374 by e-mail in July 2020.  On July 16, 2020 the Division held an online stakeholder meeting with a Question & Answer session to discuss the repeal of the Section 18 Waste Grease regulations and the impact to stakeholders. Twenty-two (22) stakeholders participated in the discussion.  Manifesting waste grease was the main topic discussion.  The Division offered to keep the manifest available online until the end of 2020.  Transporters and facilities can use the online manifest as a template to create their own business manifests.  POTWs and waste grease facilities may still require manifesting of the waste grease.  POTWs and waste grease facilities stated that they would discuss how to move forward with a new manifesting system.  

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 repeal of the waste grease program regulations will have a minimal impact to any county or municipality.  Illegal disposal of waste grease remains a violation of the Colorado solid waste act and regulations.

Regulatory Alternatives
No other regulatory alternatives were evaluated because the repeal of the waste grease program is a requirement of HB 20-1375.

Cost/Benefit Analysis
A cost benefit analysis will be performed if requested by the Colorado Department of Regulatory Agencies.