6 Colo. Code Regs. § 1007-3-8.80
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.
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 finds that this rule is necessary to protect the public health and the environment of the state.
Statement of Basis and Purpose - Rulemaking Hearing of November 20, 2012
6 CCR 1007-3-8.80