6 Colo. Code Regs. § 1007-3-262.10

Current through Register Vol. 47, No. 24, December 25, 2024

Section 6 CCR 1007-3-262.10 - Purpose, scope, and applicability

(a) The regulations in this part establish standards for generators of hazardous waste as defined in § 260.10 of these regulations.

(1) A person who generates a hazardous waste as defined in § 260.10 of these regulations must comply with all the applicable independent requirements in the subparts and sections listed below:

(i)Independent requirements of a very small quantity generator.

(A) Section 262.9 Generator Annual Fees;

(B) Section 262.11(a) through (d) Hazardous waste determination and recordkeeping;

(C) Section 262.13 Generator category determination;

(D) Section 262.18 EPA Identification numbers and re-notification for large quantity generators, small quantity generators, and very small quantity generators that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004, and or F005;

(E) Section 262.43 Additional reporting; and

(F) Part 99 Notification Requirements (Required for VSQGs that generate 3 gallons or more in a calendar year of hazardous waste codes F001, F002, F004 and/or F005).

(ii)Independent requirements of a small quantity generator.

(A) Section 262.9 Generator Annual Fees;

(B) Section 262.11 Hazardous waste determination and recordkeeping;

(C) Section 262.13 Generator category determination;

(E) Part 262 subpart B - Manifest requirements applicable to small and large quantity generators;

(F) Part 262 subpart C - Pre-transport requirements applicable to small and large quantity generators;

(G) Section 262.40 Recordkeeping;

(H) Section 262.43 Additional Reporting;

(I) Section 262.44 Recordkeeping for small quantity generators;

(J) Part 262 subpart H - Transboundary movements of hazardous waste for recovery or disposal;

(K) Part 268 Land Disposal Restrictions;

(L) Part 99 Notification Requirements; and

(M) Section 6.04 Annual Commission Fee.

(iii)Independent requirements of a large quantity generator.

(A) Section 262.9 Generator Annual Fees;

(B) Section 262.11 Hazardous waste determination and recordkeeping;

(C) Section 262.13 Generator category determination;

(E) Part 262 subpart B - Manifest requirements applicable to small and large quantity generators;

(F) Part 262 subpart C - Pre-transport requirements applicable to small and large quantity generators;

(G) Part 262 subpart D - Recordkeeping and reporting applicable to small and large quantity generators, except § 262.44;

(H) Section 262.43 Additional Reporting;

(I) Part 262 subpart H - Transboundary movements of hazardous waste for recovery or disposal;

(J) Part 268 Land Disposal Restrictions;

(K) Part 99 Notification Requirements; and

(L) Section 6.04 Annual Commission Fee.

(2) A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of parts 264 through 267, 99 and 100 of these regulations, unless it is one of the following:

(i) A very small quantity generator that meets the conditions for exemption in § 262.14;

(ii) A small quantity generator that meets the conditions for exemption in § 262.15 and § 262.16; or

(iii)) A large quantity generator that meets the conditions for exemption in § 262.15 and § 262.17; or

(3) A generator shall not transport, offer its hazardous waste for transport; or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 260.10 of these regulations, or not otherwise authorized to receive the generator's hazardous waste.

(b) Determining generator category. A generator must use § 262.13 to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

(c) Reserved.

(d) Any person who exports or imports hazardous wastes must comply with § 262.18 and Subpart H of this part.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this Part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of § 262.70 is not required to comply with other standards in this Part or Parts 99, 100, 264, 265, 266, or 268 with respect to such pesticides.

(g)

(1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under section 3008 of RCRA and sections 25-15-308, C.R.S. through 25-15-310, C.R.S.

(2) A generator's noncompliance with a condition for exemption in this part is subject to penalty or injunctive relief under sections 25-15-308, C.R.S. through 25-15-310, C.R.S. as a violation of a Part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in Parts 264 through 267, and 100 of these regulations. Without an exemption, any violations of such storage requirements are also subject to penalty and injunctive relief under section 3008 of RCRA and sections 25-15-308, C.R.S. through 25-15-310, C.R.S.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Part.

(i) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health, and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24-4-103.

(k)-(l) Reserved.

(m) All reverse distributors (as defined in § 267.500) are subject to Part 267 Subpart P for the management of hazardous waste pharmaceuticals in lieu of this part.

(n) Each healthcare facility (as defined in § 267.500) must determine whether it is subject to Part 267 Subpart P for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A healthcare facility that generates more than 100 kg (220 pounds) of hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kg (220 pounds) per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in § 261.31 or § 261.33(e), is subject to Part 267 Subpart P for the management of hazardous waste pharmaceuticals in lieu of this part. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to § 262.14 and is not subject to Part 267 Subpart P, except for §§ 267.505 and 267.507 and the optional provisions of § 267.504.

Note 1 to § 262.10: The provisions of §§ 262.15 through 262.17 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of §§ 262.15 through 262.17 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

Note 2 to § 262.10: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in Parts 264, 265, 267, 268, and 100 of these regulations.

6 CCR 1007-3-262.10

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023

47 CR 18, September 25, 2024, effective 10/15/2024