DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Proposed Amendment of Part 99 Notification Regulations

1) Paragraph (e) of the Part 99 Notification Regulations is revised to read as follows: 
PART 99 - NOTIFICATION
(a) NOTIFICATION OF REGULATED WASTE ACTIVITY.  Any person who generates or transports, or owns or operates a facility for treatment, storage, or disposal of, any hazardous wastes subject to these regulations shall file a Colorado Hazardous Waste Notification Form with the Department stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person, prior to such activity.
(b) Not later than ninety days after revision of regulations under Part 261 identifying by its characteristics or listing any substance as hazardous waste subject to these regulations, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the Department a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person.  Not more than one such notification shall be required to be filed with respect to the same substance.
(c) For the purposes of this part, the Department shall accept a notification of hazardous waste activity filed with EPA (Form 8700 12) prior to November 4, 1984 as an equivalent state notification.
(d) No identified or listed hazardous waste subject to these regulations may be generated, transported, treated, stored, or disposed unless notification has been given as required under this part.
(e) Persons who have previously filed a notification of regulated waste activity with the Department or EPA are required to file an updated notification with the Department whenever the generator status, location and/or general description of activities of such persons change.  No updated notification shall be required solely for changes in the identified or listed hazardous wastes handled by such person.  The updated notification, if necessary, shall be filed annually at the time the Solid and Hazardous Waste Commission Fee is due pursuant to 6 CCR 1007-3, § 6.04.
2) Section 8.80 {Statement of Basis and Purpose for the Rulemaking Hearing of November 20, 2012} is added to Part 8 of the Regulations to read as follows:
Statement of Basis and Purpose
Rulemaking Hearing of November 20, 2012
8.80	Basis and Purpose.
This amendment to 6 CCR 1007-3, Part 99 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
 Amendment of Paragraph (e) of the Part 99 Notification Regulations
This amendment modifies paragraph (e) of the Part 99 Notification regulations of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) to clarify that persons who have previously filed a notification of regulated waste activity with the Department or EPA are required to file an updated notification with the Department whenever the generator status of such persons change.  This amendment also eliminates the option to delay filing the updated notification until such time as the Solid and Hazardous Waste Commission Fee is due pursuant to 6 CCR 1007-3, § 6.04.
Under the current requirements of Part 99(e), persons who have previously filed a notification of regulated waste activity with the Department or EPA are required to file an updated notification with the Department whenever the location and/or general description of their activities change.  No updated notification is required solely for changes in the identified or listed hazardous wastes handled at the facility.  The updated notification, if necessary, is currently required to be filed annually at the time the Solid and Hazardous Waste Commission Fee is due in September.  
Since this Part 99(e) was last modified, regulations have been added to Part 262.13 that assess generator annual fees based on the facility’s notification status. Recognizing that a generator’s status may change throughout a calendar year, notes were added that generators operating at a higher generator status for four or more calendar months of the year would be assessed at the higher status fee level.  As Part 99(e) is currently written, a generator with increased episodic generation of hazardous waste that elevates their status to a higher generator level is not required to file an updated notification with the Department until September 15th of that year. If the facility’s generator status increases four or more times early in the year, their status may have already returned to the lower generator category by the time the annual Solid and Hazardous Waste Commission fee is due.
To minimize the impact on generators, the Colorado Hazardous Waste Notification form has been modified to include the option to notify at the generator’s primary generation status and to also identify if they are an episodic generator of four or more months or less than four months in a calendar year.