6 Colo. Code Regs. § 1007-3-8.94
These amendments to 6 CCR 1007-3, Part 262 are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of Part 262, Subpart L - Episodic Generation
These amendments revise the Part 262, Subpart L Episodic Generation requirements adopted by the Commission on May 15, 2018 in response to the federal Hazardous Waste Generator Improvements Rule issued by the Environmental Protection Agency (EPA) and published in the Federal Register on November 28, 2016 {81 FR 85732-85829}.
As discussed in the § 8.91 Statement of Basis and Purpose from the May 15, 2018 Hearing, Colorado chose not to adopt the new federal episodic generation event regulations, as the regulations were deemed to be unnecessarily complex, difficult to enforce, and would not afford any great relief to very small quantity generators (VSQGs) or small quantity generators (SQGs) experiencing an episodic hazardous waste generation event that causes them to exceed the generation quantity limit for their category in a particular month.
Instead, Colorado adopted more stringent Part 262, Subpart L regulations that required generators experiencing an episodic event to comply with the requirements of the generator category that applies during any given month. Colorado's regulations also allow VSQGs or SQGs who experience one episodic event during a calendar year that subjects them to LQG status to maintain their generator category and be exempt from the requirement to file a biennial report, as long as they comply with all of the other LQG requirements. As part of today's rulemaking, Colorado is also including additional requirements in § 262.232 of the regulations that a VSQG or SQG experiencing an episodic event must comply with in order to maintain their generator category and still be exempt from the biennial reporting requirements of § 262.41.
Episodic generation events have not been a problematic issue in Colorado. The Division requires generators to comply with the requirements for whatever generator category they are in any particular month. The Division has always advised that as a best management practice, generators who generate near the limit for a particular category comply with the more stringent requirements in order to ensure that if they generate in excess of the allowable limit, they will already be in compliance.
If a facility experiences an unusual episodic event, the Division has worked with these facilities to ensure that they quickly and easily comply with the required regulatory standards for that one-time event. This is accomplished through guidance documents which include contingency plan templates, training templates and additional material designed to help generators comply with more stringent requirements.
With these amendments, Colorado is making the following additions and clarifications to its Part 262, Subpart L provisions regarding Episodic Generation:
With these amendments, Colorado is clarifying the additional requirements that a VSQG or SQG experiencing an episodic event must comply with in order to retain their generator category, while still retaining Colorado's more stringent Subpart L provisions.
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 more stringent rule. The Commission finds that this rule is necessary to protect public health and the environment.
Statement of Basis and Purpose Rulemaking Hearing of May 21, 2019
6 CCR 1007-3-8.94