DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

Amendment of § 261.5: Special Requirements for Conditionally Exempt Small Quantity Generators.

1) Section 261.5 is amended by revising paragraph (b)(1) and adding paragraph (b)(5) to read as follows: 

§ 261.5  Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators.
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(b)(1)  	Except as provided in paragraph (b)(2), and (b)(4), and (b)(5) of this section, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under Parts 262 through 268 and Part 100, and the notification requirements of Part 99 of these regulations, provided the generator complies with the requirements of paragraphs (e), (f), (g), and (j) of this section.     

(2)  A conditionally exempt small quantity generator of 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and/or F005 is subject to the notification requirements of Part 99 and the annual fee requirements of section 262.13.
(3)  Hazardous waste that is subject to the special requirements of § 261.6(b) is included in the quantity determinations of this section and is subject to the requirements of this section.     
(4)  Conditionally exempt small quantity generators shall comply with § 262.43(b) relating to the self-certification checklist.     
(5)  Conditionally exempt small quantity generators shall comply with § 265.31(a) relating to maintaining and operating their facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.

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2) Add Section 8.66 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2008

8.66 	Basis and Purpose.

This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 261.5 Special Requirements for Conditionally Exempt Small Quantity Generators.

Section 261.5 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time to require conditionally exempt small quantity generators (CESQGs) of hazardous waste to maintain and operate their facilities in a manner to minimize the possibility of a release, and, when combined with the previous amendment to § 261.31, allowing the Department to require testing to evaluate the nature and extent of any contamination that may pose a threat to human health or the environment.

While the current regulations require large quantity generators (LQGs) and small quantity generators (SQGs) of hazardous waste to operate their facilities in a manner to minimize the possibility of a release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, CESQGs are not currently required to meet this same standard.  This inconsistency in the regulations provides no incentive for CESQGs to properly manage their hazardous waste and potentially provides CESQGs with an economic advantage over SQGs and LQGs.  

When combined with the previous amendment to Section 265.31, not only will CESQGs be required to minimize releases at their facilities through proper hazardous waste management, they will also be required to characterize and, if necessary, remediate releases that do occur.

The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule.  The Commission finds that this rule is necessary to protect public health and the environment.