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

Addition to Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) – Addition of Section 18 (Waste Grease) and Section 1.7.5 (Waste Grease Annual Fees) and Associated Additions to Section 1.2 (Definitions), Section 1.5.2 (Waiver Processes and Procedures), and Section 1.7.3 (Annual Fees)

Basis and Purpose
	
I.	Statutory Authority

The addition of 6 CCR 1007-2, Section 18: Waste Grease, is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 30-20-109(9), C.R.S.  These regulations are a direct result of, and implement the requirements of, House Bill 10-1125, passed by the legislature in 2010.
		
II.	House Bill 10-1125 

House Bill (HB) 10-1125 amended sections to the Colorado Revised Statutes (C.R.S.).  Important to these regulations, HB10-1125 amended Sections 30-20-113, 118, and 123 as follows:

§30-20-113 has been amended to require that any person who collects, transports, stores, processes, or disposes of trap or yellow grease in any manner must be in compliance with §30-20-123 requirements.

§30-20-118 has been amended to include moneys collected pursuant to §30-20-123 in the list of sources of money to be deposited into the solid waste management fund.   
§30-20-123 has been added to include many important definitions, exemptions, and requirements for the management, transportation and disposal of trap grease and yellow grease.  This section requires that any person who collects, transports, stores, processes, or disposes of trap or yellow grease in any manner be registered with the Department, affix a decal to their transporting vehicle or facility, and use manifests to track all waste grease transport.  It also requires that a waste grease facility and waste grease transporter acquire and maintain financial assurance, and that waste grease facilities, waste grease transporters, and personal users of waste grease other than use as biofuel pay an annual fee that is established by the Commission (an annual fee of $570 per vehicle for waste grease transporters and $25 per set of five (5) temporary decals, $1,140 for waste grease facilities, and $96 for personal users of waste grease other than use as biofuel as set by Section 1.7.5 of these regulations). Additionally, this section requires that a waste grease facility and waste grease transporter submit annual reports to the Department.  This section also establishes standards for personal use of waste grease.  This section describes the use of uniform manifests to track waste grease shipments from the source of the waste grease to the waste grease destination facility, the minimum information to be collected on the manifests, who gets copies of each waste grease manifest, and how long copies of each manifest must be retained.          

III.	Purpose of new regulations:

The purpose of these new regulations is to implement the requirements of HB10-1125.  HB10-1125 sets up a management scheme for waste grease (trap grease and yellow grease) to ensure that waste grease is accounted for and properly recycled or dispositioned.  These regulations set out the waste grease requirements for registrants – waste grease transporters that manage waste grease in transit and waste grease facilities that collect, handle, store, or process waste grease.  HB10-1125 also creates requirements for personal use of waste grease, excluding the collection, transportation, use, or storage of waste grease for conversion to and use by the person as biofuel. 

Discussion of Regulatory Proposal

I.	The proposed Section 18 regulations require some new definitions.  These changes are summarized below.  For consistency, these definitional changes are being made to Section 1.2 of the solid waste regulations (6 CCR 1007-2, Part 1).

The following definitions are being added to Section 1.2:
1.	Collect
2.	Manifest
3.	Personal use of waste grease as biofuel
4.	Personal use of waste grease other than for use as biofuel
5.	Process
6.	Registrant
7.	Source of waste grease
8.	Store
9.	Transport
10.	Trap grease
11.	Waste grease
12.	Waste grease facility
13.	Waste grease generator
14.	Waste grease transporter
15.	Yellow grease

To make clear that this Section 18 is referring to waste grease, or used grease as referenced in the statute, “waste” or “waste grease: was included before the statutory definition terms for “facility” and “grease.” The term “waste” was included before the term “grease” that is used in the following statutory definitions of “manifest,” ”store,” and “transport” resulting in waste grease manifest, waste grease storage/processing/facility, and waste grease transporter.

II.	The proposed Section 18 regulations required  additional changes to other sections of the solid waste regulations (6 CCR 1007-2, Part 1) including adding a reference to Section 18 in Section 1.5.2 (Waiver Processes and Procedures) and Section 1.7.3 (Annual Fees). A new Section 1.7.5 (Waste Grease Annual Fees) to address required annual fees was added. 

III.	Scope and applicability (Section 18.1)

	The first four subsections in this section describe waste grease transporters, waste grease facilities, and personal use of waste grease as biofuel or for a purpose other than biofuel.

	Section 18.1.5 describes how the statute gives the authority of these rules.

 	Section 18.1.6 explains the various exemptions to Section 18.

IV.	General Provisions (Section 18.2)

The two general provisions in this section clarify that all waste grease transporters, waste grease facilities, and a personal user of waste grease as biofuel, or a personal user of waste grease for a purpose other than for biofuel, must comply with all applicable provisions of other local, state, and federal laws, regulations, ordinances, and other requirements, and, if waste grease activities are regulated by more than one section of the Waste Grease regulations, they must comply with all applicable sections.
 
Section 18.2.3 explains how a waste grease generator or source of waste grease (e.g., a restaurant) arranging for the transportation or disposal of waste grease must use a registered waste grease transporter, a personal user of waste grease as biofuel, or a personal user of waste grease other than use as biofuel to transport their waste grease for proper disposition.
 
V.	Standards for Waste Grease Transporters  (Section 18.3) 

This section sets up new standards for any person, excluding personal users of waste grease as biofuel or personal users of waste grease other than biofuel, transporting waste grease in Colorado.  Waste grease transporters may only transport waste grease to certain approved facilities, including a municipal or privately owned solid waste landfill that is registered as a waste grease facility.

Subsections 18.3.2 through 18.3.8 set up the following requirements for waste grease transporters:

a.	A system for registering as a “Waste Grease Transporter,” including obtaining a “Waste Grease Certificate of Registration” as a waste grease transporter, which is valid until July 15 of the following year and for which violations of may be enforced by the Department in accordance with Sections 30-20-113 and 114, C.R.S. for failure to comply with the Colorado Solid Waste Sites and Facilities Act or the Colorado Solid Waste Regulations.  Existing waste grease transporters who register before June 15, 2012 will not need to re-register until June 15, 2013.

b.	A requirement that waste grease transporters obtain decals from the Department (issued along with the “Waste Grease Certificate of Registration”) for all vehicles used to transport waste grease.  The vehicle decals must be affixed to the lower left (driver’s side) corner of the windshield of each vehicle used to transport waste grease. Vehicles used to transport waste grease that do not have a windshield (e.g., railstocks) must post the decal in a manner that displays the decal so it is visible on the vehicle, such as affixing the decal to a magnet or placard that can be placed on the railstock.  

c.	A manifest system to ensure that waste grease generated in Colorado is tracked; this system is mainly the responsibility of the waste grease transporter.  By statute, the manifest system does not require the signature of the generator or the final destination facility even if it is a publically owned treatment works (POTW) or registered waste grease facility.  A waste grease transporter must use the Uniform Waste Grease Manifest form available from the Department and must provide a copy to the generator or source of the waste grease within thirty days of delivery to the destination facility. The waste grease transporter must provide the registered waste grease facility with a manifest within one business day of delivery.  All manifest copies must be maintained by the waste grease transporter and waste grease destination facility for a period of 3 years.  This can be accomplished by saving hard copies or electronic copies (e.g., storage of manifests on a computer system) of the manifest.

d.	A requirement that waste grease transporters obtain financial assurance in the amount of $10,000 before hauling waste grease; the waste grease transporter must maintain the financial assurance in accordance with Section 1.8 of the Solid Waste Regulations.

e.	A requirement that an annual report be filed with the Department by February 1st of each year on the Waste Grease Transporter Annual Report Form, which includes information accounting for the volume of waste grease handled by the waste grease transporter during the previous calendar year.

f.	A requirement that waste grease transporters pay an annual registration fee of $570 per vehicle and $25 per set of five (5) temporary decals.

	Subsection 18.3.8 exempts waste grease transporters’ facilities from the definition of a “Waste Grease Facility” and thus from the requirements of Section 18.4 as long as the waste grease transporter does not store waste grease for longer than 4 days in the initial vehicle used for waste grease transportation.

VI.	Standards for Waste Grease Facilities (Section 18.4)

This section sets up new standards for Waste Grease Facilities in Colorado.  A waste grease facility may only accept waste grease from a registered waste grease transporter.  A municipal or privately owned solid waste landfill can accept and/or process waste grease from a waste grease transporter if the municipal or privately owned solid waste landfill is registered as a waste grease facility.  The general provision of Section 18.4.1 requires that all Waste Grease Facilities to meet the requirements of Section 8 of the Solid Waste Regulations pertaining to Recyling Facilities in addition to the new requirements of Section 18.4.

Subsections 18.4.2 through 18.4.9 set up the following requirements for waste grease facilities:
a.	A system for registering as a “Waste Grease Facility,” including obtaining a “Waste Grease Certificate of Registration” as a waste grease facility, which is valid until July 15 of the following year and may be revoked by the Department for failure to comply with the Colorado Solid Waste Sites and Facilities Act or the Colorado Solid Waste Regulations.  Existing waste grease facilities who register before June 15, 2012 will not need to re-register until June 15, 2013.

b.	A requirement that waste grease facilities obtain decals from the Department (issued along with the “Waste Grease Certificate of Registration”) for each facility they operate.  The waste grease facility decals shall be affixed in a prominent location at the facility.  The decals are valid until July 15 the following year. 

c.	Manifest requirements to ensure that waste grease generated in Colorado is tracked.  Waste grease facilities must not accept nor offer any shipment of waste grease without an accompanying Uniform Waste Grease Manifest.  All manifest copies must be maintained by the waste grease facility for a period of 3 years. This can be accomplished by saving hard copies or electronic copies (e.g., storage of manifests on a computer system) of the manifest.

d.	General provisions including requirements to: ensure adequate road access to waste grease, control litter and weeds in order to minimize the threat to fire or nuisance conditions, maintain a fence surrounding the facility, post signs regarding operations, maintain a working telephone, have a site attendant, meet containment tanks and ancillary equipment requirements, notify the Department in the event of an emergency involving waste grease, have a contingency plan which includes detailed information regarding provisions for assessing the full nature and extent of the release and a detailed written assessment of the impact of the release, arrange for the processing or conversion of waste grease into an end product at least 100% of the three year rolling average, comply with Section 7 of these Regulations or obtain a Certificate of Designation if not processing or end-using waste grease, ensure that any waste greases that is sent off-site is transported only by a registered waste grease transporter, and have a facility closure plan.

e.	A requirement that financial assurance is maintained for all Waste Grease Facilities in accordance with Section 1.8 of the Solid Waste Regulations.

f.	A requirement that an annual report be filed with the Department by February 1st of each year on the Waste Grease Facility Annual Report Form, which includes information accounting for the volume of waste grease handled by the waste grease transporter during the previous calendar year.

g.	A requirement that a waste grease facility pay an annual registration fee of $1140.

VII.	Standards for Personal Users of Waste Grease Other than For Use as Biofuel (Section 18.5)

This section sets up new standards for any person collecting or transporting waste grease for personal use of waste grease other than for use as biofuel.  

Subsections 18.5.2 through 18.5.3 set up the following requirements for personal users of waste grease other than for use as biofuel:

a.	A system for registering as a “Personal User of Waste Grease Other than For Use as Biofuel,” including obtaining a “Waste Grease Certificate of Registration” as a personal user of waste grease other than use as biofuel, which is valid until July 15 of the following year and may be revoked by the Department for failure to comply with the Colorado Solid Waste Sites and Facilities Act or the Colorado Solid Waste Regulations.  Existing personal users of waste grease other than for use as biofuel who register before June 15, 2012 will not need to re-register until June 15, 2013.

b.	A personal user of waste grease other than for use as biofuel must obtain permission from a waste grease registrant in order to take waste grease from the registrant.

c.	Transport no more than 55 gallons of waste grease at a time.

d.	Store no more than 165 gallons of waste grease at a time.

e.	A requirement that a personal user of waste grease other than for use as biofuel pay an annual registration fee of $96.

VIII.	Standards for Personal Use of Waste Grease as Biofuel (Section 18.6)

This section sets up new standards for any person collecting or transporting waste grease for personal use of waste grease as biofuel.  The new standards require that a personal user of waste grease as biofuel needs written permission to take waste grease from a registrant.  However, permission to take waste grease from a source (e.g., restaurant) is not required in these regulations, but the personal user of waste grease as biofuel should obtain permission from the source so they are not charged with waste grease theft.

Description of Local Government Involvement in the Stakeholder Process 
	
	Executive Order D 2011-005, “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 following describes how Executive Order D 2011-005 was addressed during the waste grease regulations stakeholder process.

I.	Agency reasoning supporting the need to issue the new regulations
House Bill 10-1125 requires the Solid and Hazardous Waste Commission to promulgate regulations regarding the collection, transportation, storage and disposal of waste grease by December 31, 2011.

II.	Potential impacts to local governments
The new Section 18 may impact local governments if the local government transports waste grease, arranges for the transportation or disposal of waste grease, or is a waste grease facility.  The new regulations require that any person who transports more than 55 gallons of waste grease at one time in Colorado register as a waste grease transporter.  A local government that transports more than 55 gallons of waste grease at a time would have to register as a waste grease transporter and meet the requirements of Section 18.3, which include registration, decal, manifest, financial assurance, annual report, and storage requirements and payment of an annual fee.
Local governments who are generators or sources of waste grease must arrange for transport of their waste grease with a registered waste grease transporter or personal user of waste grease.
A local government that operates a waste grease facility, including a waste grease transfer station or waste grease collection facility, must register as a waste grease facility.  Waste grease facilities must meet the requirements of Section 18.4, which include registration, decal, manifest, financial assurance, annual report, and facility operating requirements and payment of an annual fee.
There are a few exemptions that may affect the local government. First, a domestic wastewater treatment works, as defined in Section 25-8-103, C.RS., is exempt from the definition of a waste grease facility and its requirements and the entire Section 18. Second, an exemption was added to the regulations to exempt one-time or occasional waste grease collection events and household hazardous waste facilities that accept waste grease from private citizens as long as the waste grease is picked up by a registered waste grease transporter or transported to a registered waste grease transporter, a registered waste grease facility, or domestic wastewater treatment works, as defined in Section 25-8-103, C.RS., at the conclusion of the event. Third, a permanent household hazardous waste collection facility where waste grease is accepted for drop-off by private citizens is not a waste grease facility nor subject to Section 18.4 so long as the waste grease is picked up by a registered waste grease transporter within 90 calendar days of when the facility accumulates fifty-five gallons of waste grease. Finally, an exemption was provided for waste grease response activities performed or approved by the governing body having jurisdiction as long as the waste grease collected from the response activity is ultimately transported to a registered waste grease facility or domestic wastewater treatment plant. 

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 utilized various methods to inform local government agencies and local government agency associations of the waste grease regulations stakeholder process.  These methods included:

1.	Posting a Stakeholder Process Notification Request Form on the Division’s website to notify stakeholders of upcoming stakeholder meetings and related draft documents.
2.	Notifying local wastewater treatment works via e-mail of the stakeholder process and including them in stakeholder e-mails regarding upcoming stakeholder meetings and related draft documents.
3.	Contacting local county governments, including local environmental health departments and county solid waste departments, by e-mail regarding the stakeholder process and including them in stakeholder e-mails regarding upcoming stakeholder meetings and related draft documents.
4.	Contacting the Colorado Municipal League to include in their newsletter information about the stakeholder process for developing new waste grease regulations and providing contact information regarding how interested city and town representatives can participate in the stakeholder process.
5.	Discussion with the Department of Local Affairs regarding House Bill 10-1125 and  how the new waste grease regulations would impact sources or generators of waste grease and how the Department of Local Affairs would inform inquiring governments of these requirements and how to contact the Division with additional questions regarding HB 10-1125 and the new regulations.
Listing of local government agencies and local government agency associations that were contacted about the waste grease regulations stakeholder process and/or participated in the waste grease regulations stakeholder process:
Adams County	Alamosa County	Arapahoe County	
Boxelder Sanitation District	Boulder County	Boulder County Public Health	
Centennial Water and Sanitation District	City of Aspen Environmental Health	City and County of Broomfield	
City and County of Broomfield Health Department	Chaffee County	Chaffee County Environmental Health	
Cheyenne County	Clear Creek County	Clear Creek Environmental Health	
Conejos County	Crowley County	City of Boulder	
City of Durango	City of Englewood	City of Fort Collins	
City of Golden Pretreatment	City of Grand Junction	City of Longmont	
City of Loveland	City of Montrose	City of Pueblo	
City and County of Denver	City and County of Denver Public Health Inspection	City and County of Denver Environmental Quality	
Colorado Industrial Pretreatment Coordinators Association	Colorado Municipal League	Colorado Rural Waster Association	
Colorado Stormwater Council	Colorado Wastewater Utility Council	Dolores County	
Douglas County	Eagle County	Eagle County Environmental Health	
El Paso County 	El Paso County Health Department	Fremont County	
Fremont County Environmental Health	Garfield County	Garfield County Environmental Health	
Gilpin County	Gunnison County	Hinsdale County	
Hinsdale County Environmental Health	Huerfano County	Jefferson County Health Department	
Kiowa County	Kit Carson County	Kit Carson County Environmental Health	
Las Animas-Huerfano County District Health Department	La Plata County	Larimer County	
Larimer County Environmental Health	Lincoln County	Littleton/Englewood Wastewater Treatment Plant	
Logan County	Metro Wastewater Reclamation District	Mesa County	

Mesa County Health Department	
Mineral County	
Moffat County	
Montezuma County		Montrose County	Montrose County Environmental Health	
Morgan County	Northeast Health Department	Otero County	
Ouray County	Parker Water and Sanitation District	Pitkin County	
Pitkin County Environmental Health	Platte Canyon Water and Sanitation District	Plumb Creek Wastewater Authority	
Prowers County	Rio Blanco County	Rio Grande County	
Routt County	Routt County Environmental Health	Saguache County	
San Juan Basin Health Department	San Miguel County	San Miguel County Environmental Health	
Sedgwick County	South Adams County Water and Sanitation District	Southeast Environmental Health	
St. Vrain Sanitation District	Summit County	Summit County Environmental Health	
Teller County	Teller County Environmental Health	Tri-County Health Department	
Weld County Health Department	Widefield Water and Sanitation District	Vail Environmental Health	

Issues Encountered During Stakeholder Process: 

1.	Personal Users of Waste Grease:  Section 30-20-123(7) C.R.S. establishes different requirements for personal users of waste grease who use waste grease as biofuel and personal users of waste grease who use waste grease for uses other than biofuel.  To distinguish between personal users of waste grease who use waste grease as biofuel and personal users of waste grease that use waste grease for purposes other than biofuel, the following definitions were added to Section 1.2 of the Regulations: “personal use of waste grease as biofuel” and “personal use of waste grease other than for use as biofuel.”  Standards for Personal Use of Waste Grease Other than For Use as Biofuel are in Section 18.5 and Standards for Personal Waste Grease as Biofuel are in Section 18.6.

2.	Section 30-20-123(6), C.R.S appears to contradict section 30-20-123(7) C.R.S.  Section 30-20-123(6) C.R.S. states a person arranging for the transportation or disposal of waste grease may only arrange transportation with a registrant.    However, a personal user of waste grease as biofuel does not need to register and HB 10-1125 does not establish a system for such a user to register.  The Commission has interpreted this by including in Section 18.2.3 – Waste Grease Sources and Generators – a provision that sources and generators of waste grease may only use a registered waste grease transporter, a personal user of waste grease as biofuel who uses waste grease for personal use as biofuel, or is registered as a personal user of waste grease other than for use as biofuel. Additional clarification was added in Section18.6.2 – Standards for Personal Use of Waste Grease as Biofuel – that a personal user of waste grease as biofuel cannot take any waste grease from any container owned by a registrant (a registered waste grease transporter or personal user of waste grease other than for use as biofuel) unless written permission has been granted by the registrant.

3.	Waste grease ownership after pickup of waste grease from the generator/source of the waste grease: There was concern from stakeholders regarding who is responsible for or owns the grease once waste grease is accepted for transport.  The Commission determined this depends on the contract between the source of waste grease, the waste grease transporter, and the waste grease facility. 

4.	One-time or occasional waste grease collection events and household hazardous waste facilities: The exemptions in Sections18.1.6 (E) and (F) only apply to one-time or occasional waste grease events that may occur in a community for private citizens to properly dispose of their waste grease and for private citizens to take their residentially generated waste grease to a household hazardous waste facility that accepts waste grease from individuals as part of their household hazardous waste collection program. This exemption was added to promote the proper disposal of residentially generated waste grease by encouraging local jurisdictions to offer waste grease collection events and allowing household hazardous waste facilities to accept waste grease from private citizens.  This exemption does not apply to the collection of waste grease from an individual other than a private citizen (e.g., restaurants). 

Some permanent household hazardous waste facilities mix residentially generated waste grease with compatible household and conditionally exempt small quantity generator hazardous waste (e.g., characteristic ignitable hazardous waste). If a household hazardous waste facility is using this method for disposal, then the waste grease is now a hazardous waste and must be managed as hazardous waste, transported by a hazardous waste transporter, and disposed of as hazardous waste. 

5.	Collection, processing, or storage of waste grease in a grease trap, grease interceptor, or waste grease bin/barrell or similar grease removal device at the point of waste grease generation:  The exemption in Section 18.1.6 (H) applies to waste grease at the point of generation.  For example, a restaurant that has a grease interceptor and is collecting or storing waste grease at the point of generation would not be a waste grease facility. Additionally, a landlord (e.g., a shopping mall, airport terminal) that provides a tank, bin, or other receptacle to the initial source or generator of waste grease (e.g., food court restaurants) for the collection of waste grease would not be a waste grease facility or source for the purposes of Section 18.  Instead, the tenant would be the source of waste grease.  However, releases of solid waste remain subject to all applicable laws and regulations.  

6.	Full pump outs of waste grease: The requirement in Section 18.3.1 (D) requires waste grease transporters to complete a full-pump out of waste grease by evacuating liquids and solids from the grease trap, grease interceptor, or similar grease removal device each time the device is pumped.  Stakeholders overwhelmingly support this requirement.  However, because most grease traps, grease interceptors, or tanks do not have a gauge that indicates the amount of grease that is actually in the tank, the waste grease transporter may have to rely on visual inspection to determine if the trap, interceptor, or similar grease removal device has been fully pumped. 

7.	Use of person in Section 18: Stakeholders expressed concern over the regulatory definition of “person.”  Person is defined in Section 1.2 as “an individual, partnership, private or municipal corporation, firm, board of metropolitan district or other sanitation district, or other association of person.” Section 18 uses the Section 1.2 definition of person.

8.	Financial assurance mechanism: Section 18.3.5 and Section 18.4.7 require that waste grease transporters and waste grease facilities acquire and maintain financial assurance. Section 1.8 of the Regulations allows for the waste grease transporter or waste grease facility to use any of the following types of financial mechanisms:  trust fund, letter of credit, surety bond, insurance, corporate financial test, local government financial test, corporate guarantee, local government guarantee, or state approved mechanism (certificate of deposit, multiple financial mechanisms, or other methods as approved). 

9.	Processing of waste grease:  If waste grease is processed to meet a product specification then the grease is no longer a waste but is instead a product offered for sale in commerce.  This product is not subject to laws or regulations concerning waste grease.  Waste grease that is not processed is subject to Section 18.

10.	Transport of waste grease by rail cars or rail stocks:  These types of vehicles are unable to display a decal in a windshield.  Instead, Section 18.3.3 (D) allows for placement of the decal on a magnet, placard, or other instrument approved by the Department that can be placed on the rail car or rail stock.

11.	Certificate of Designation (CD):  A certificate of designation (CD) is a document that the local governing body issues to authorize the use of land for a solid waste disposal site or facility.  Section 30-20-102(5), C.R.S. states that recycling facilities need not acquire a CD:
Any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall not be considered a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility;

Further, the statute defines a recyclable material as “..any type of discarded or waste material that is not regulated under Section 25-8-205 (1) (e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled,..”  Waste grease and particularly waste yellow grease, is a recyclable material that may be processed into a variety of products used in pet food manufacturing, biofuel, or other product.  Therefore, facilities that recycle waste grease as a recyclable material are not required to obtain a CD.  However, if waste grease is not recycled but is instead disposed of at a site, then the disposal site must obtain a CD from their local governing body and abide by all CD requirements in 6 CCR 1007-2. 

12.	Waiver:  A request of a waiver for any provision of Section 18 is allowable per Section 1.5 of the Regulations.  The waiver process and procedures of Section 1.5 must be followed in order to request a waiver. 

13.	Sections 18.5.3 and 18.6.2 of these Regulations prohibit personal users of waste grease from obtaining waste grease without the written permission of the waste grease transporter from whose waste grease storage container they obtain the waste grease.  Several stakeholders argued this prohibition should extend to all persons.  The Commission disagrees.  First, the statute explicitly prohibits a person from “collecting or transporting grease for personal use” (including both personal use of waste grease as biofuel and personal use of waste grease other than for use as biofuel) from taking “any grease from any container owned by a registrant without the registrant’s written permission.”  § 30-20-123(7) and § 30-20-123(7)(d)(II), C.R.S.  (emphasis added).  However, the statute contains no parallel provision for those who collect or transport grease for uses other than personal use.  Second, local law enforcement, not the Solid Waste Materials Management Program, is charged with protecting citizens against theft of a commodity.  

14.	Uniform manifests.  Stakeholders had differing views on topic of the “uniform manifest” required by Sections 30-20-123(3)(c)(I) and 30-20-123(3)(c)(IV), C.R.S.  Some stakeholders argued the phrase “uniform manifest on a form established or approved by the department” gives the Department discretion to adopt a uniform manifest and also approve other manifests on a case by case basis.  § 30-20-123(3)(c)(I), C.R.S. (emphasis added).  The Commission, however, believes such an interpretation would undermine the uniformity of the uniform manifest.  Further, this interpretation conflicts with other language in the statute which refers to “[t]he uniform manifest required under this section.”  § 30-20-123(3)(c)(IV), C.R.S.  Therefore, the Department will adopt a uniform manifest that must be used by all registrants.  Registrants may personalize the uniform waste manifest provided the information, design and format of the uniform waste grease manifest is maintained in the modified form.  For example, a business may print the uniform waste grease manifest on a slightly smaller scale that would allow the business to include their logo or other information.  

15.	Waste grease versus grease: The legislation that requires adoption of these Regulations refers to “grease,” “trap grease” and “yellow grease.”  Sections 30-20-123(2)(d), (i) & (j), C.R.S.  However, the Regulations refer to “waste grease.”  The Commission made this change because the Solid Waste and Materials Management Program, the Program of the Colorado Department of Public Health and Environment charged with enforcing these Regulations, manages waste and does not manage products or commodities.  To make it clear that the Regulations only concern grease that constitutes a waste, the Commission added the term “waste grease” to the Regulations where applicable.

16.	Manifest signatures: Only registered waste grease transporters are required to sign the Uniform Manifest.  The Department’s Uniform Manifest includes spaces for the signatures of the generator/source of waste grease and the waste grease destination facility; these signatures are optional and are included on the Uniform Manifest at the stakeholders’ request.

17.	Destination facilities that do not process waste grease: Section 18.4.5(J) requires a waste grease facility that does not process waste grease to either register as a transfer station pursuant to Section 7 of the regulations or become a solid waste disposal site and facility that must obtain a certificate of designation, as appropriate.  Such a facility would also remain subject to these Waste Grease regulations.

Regulatory Alternatives

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

Cost/Benefit Analysis

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