6 Colo. Code Regs. § 1007-3-8.93
These amendments to 6 CCR 1007-3, Parts 260, 262, 263, 264, and 265 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
User Fees for the Electronic Hazardous Waste Manifest System and Amendments to the Manifest Regulations
These amendments to the Colorado Hazardous Waste Regulations (6 CCR 1007-3) correspond to the Environmental Protection Agency (EPA) Hazardous Waste Electronic Manifest User Fee rule published in the Federal Register on January 3, 2018 {83 FR 420-462}, and which became effective on June 30, 2018.
The January 3, 2018 federal rule established the methodology the EPA will use to determine and revise the user fees applicable to the electronic and paper manifests to be submitted to the national electronic manifest system (e-Manifest system) that EPA developed under the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195. That Act directed EPA to establish a national electronic manifest system (or e-Manifest system) and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system.
EPA's Hazardous Waste Electronic Manifest rule was published in the Federal Register on February 7, 2014 {79 FR 7518-7563}. Corresponding amendments to the Colorado Hazardous Waste Regulations were adopted by the Colorado Solid and Hazardous Waste Commission on October 17, 2017, and became effective on November 30, 2017.
EPA began operation of its e-Manifest system on June 30, 2018. The goal of the e-Manifest system is to transition away from the use of paper manifests and move to a fully electronic process for tracking hazardous waste shipments. Establishment of an electronic tracking system for hazardous waste shipments will allow tracking to be conducted in a more cost-effective manner, and result in reduced paperwork and processing burdens to the regulated community, as well as to the regulators. The e-Manifest system should also provide more timely access to manifest data and shipment information, and improve data quality shared among users, regulators, and their data management systems.
As a state with an authorized RCRA program under 40 CFR Part 271 , Colorado is required to revise its state program in order to be equivalent to, consistent with, and no less stringent than the requirements of the federal e-Manifest User Fee rule.
Many of the regulatory provisions promulgated in the federal e-Manifest User Fee rule were issued under the authority of the e-Manifest Act, and can only be administered and enforced by the EPA. Colorado is required to adopt these provisions in order to maintain manifest program consistency.
Two sets of provisions in the federal that can only be administered by the EPA include the following:
Additional provisions being adopted as part of this rulemaking include the following amendments:
Regulation | Subject |
§ 260.4 | Copy submission requirements for interstate shipments. |
§ 260.5 | Applicability of e-Manifest system and fees to facilities receiving state-only regulated wastes. |
§ 262.20(a)(1) and (a)(2) | Removal of references to the Appendix to Part 262 |
§ 262.24(c)(1) | Use of mixed paper/electronic manifests. |
§ 262.24(e) | Removal of references to the Appendix to Part 262 |
§ 262.24(g) | Removal of paragraph regarding imposition of user fees for electronic manifest use. |
§ 262.24(h) | Generators and post-receipt data corrections. |
Appendix to Part 262 | Removal of the manifest form and instructions in the Appendix to Part 262 |
§ 263.20(a)(8) | Removal of paragraph regarding imposition of user fees for electronic manifest use for Transporters. |
§ 263.20(a)(9) | Transporters and post-receipt data corrections. |
§ 263.21(b) | En route changes to transporters |
§ 264.71(a)(2)(v) and § 265.71.(a)(2)(v) | Receiving facilities' required paper manifest submissions to system. |
§ 264.71(j) and § 265.71(j) | Imposition of user fees on receiving facilities for their manifest submissions. |
§ 264.71(l) and § 265.71(l) | Receiving facilities and post-receipt data corrections. |
§ 264.1086(c)(4)(i) and (d)(4)(i) and § 265.1087(c)(4)(i) and (d)(4)(i) | Removal of references to the Appendix to Part 262 |
This Basis and Purpose incorporates by reference the applicable portions of the preamble language for the EPA regulations as published in the Federal Register at 83 FR 420-462, January 3, 2018.
Statement of Basis and Purpose Rulemaking Hearing of February 19, 2019
6 CCR 1007-3-8.93