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 10.12 (Waste Tire End Users Fund) and Section 1.2 Definitions

Basis and Purpose
	
I.	Statutory Authority

Section 30-20-1405, C.R.S. requires the Solid and Hazardous Waste Commission to promulgate rules governing administration of the rebate program.   

II.	Purpose of repeal of regulation:

The purpose of repealing 6 CCR 1007-2 Part 1, Section 10.12 is due to the repeal of the End Users Fund (30-20-1405, C.R.S.) per House Bill 14-1352 on January 1, 2018. These Regulations will no longer be needed once the final Waste Tire End Users rebates are approved, which will occur by March 1, 2018.

The definition of “Daily cover” in Section 1.2 of the regulations is also being deleted as part of this rulemaking, as the definition is only applicable to waste tires and the Section 10.12 regulations.

Discussion of Regulatory Proposal

The Department administers  the Waste Tire End Users Fund rebate program per 6 CCR 1007-2 Part 1, Section 10.12. The End Users Fund (30-20-1405, C.R.S.) is scheduled to be repealed on January 1, 2018. The End Users Fund receives 65% of every $1.50 collected of the Waste Tire Fee (30-20-1403, C.R.S.). Once the End Users Fund is repealed, funding will no longer be available for rebates. Due to Waste Tire End Users Fund applications being received after the January 1, 2018 repeal date, these Regulations must remain in place until March 1, 2018 to process the final rebates for the funds collected through the end of 2017. 

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 – Conception Phase that was transmitted to local governments. Local governments who participated in the rebate program will no longer be subject to these regulations. 
	
Issues Encountered During Stakeholder Process: 

Stakeholders were notified by e-mail of the repeal of these regulations. Stakeholders were given an opportunity to provide any comments. A few comments were received, but no major issues were identified. 

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 Services.