2018-2019 SHWC Annual Report: Rulemaking hearings & public outreach

 
May 15, 2018
On May 15, 2018, the commission held its business and annual meeting.
 
6 CCR 1007-3, Part 6 – Solid and Hazardous Waste Commission Annual Fee
Part 6, Section 6.04(a) of the Hazardous Waste Regulations was revised to reflect the annual commission fees being assessed for fiscal year 2018-2019. The fees, which fund the operation of the commission, were not modified.
 
6 CCR 1007-2, Part 1, Sections 8.5.4 and 8.5.5 – Facility Registration and General Site Requirements for Industrial Recycling Operations 
The commission adopted requirements for the division to review an industrial recycling facility’s operations plan before a facility can import materials. The change will allow the department to determine if materials have a legitimate end use before importing the material, and will prevent facilities from bringing in too many materials without processing capabilities. The new regulations will allow the division to identify different accumulation periods for different recyclable materials. This change was prompted by 10 recent enforcement cases at asphalt shingle recycling facilities.  Issues brought up at the February 2019 meeting were rectified by modifying the language regarding accumulation time periods, allowing flexibility on initial accumulation time periods based on material type, and aligning language in Section 8.5.5 to be consistent with other forms.
 
6 CCR 1007-2, Part 1, Section 1.2 – Definitions of Agricultural Wastes, Composting, Environmental Media, Anaerobic Digestion and deletion of Custom Mill
The commission adopted revisions to several solid waste definitions. Modifications included updating the definition of agricultural wastes, added a new category of composting, added a new definition of anaerobic digestion, and deleted the definition of custom mill.  The definition of environmental media was withdrawn from this hearing.
 
6 CCR 1007-2, Part 1, Sections 1.8 and New Section 4 – Solid Waste Financial Assurance
The commission adopted new regulations regarding solid waste financial assurance. The changes clarified the role of local governing authority, eliminated pay-in periods for new non-landfill facilities, added requirements for financial assurance coverage of corrective action liabilities, eliminated the requirements for stand-by trusts and strengthened the requirements for insurance and captive insurance companies.  The changes were proposed to eliminate vulnerabilities during closure, post-closure and corrective actions at solid waste disposal sites and facilities.
 
6 CCR 1007-3, Parts 260, 261, 262, 263, 264, 265, 268, 273, 279 and 100 – Hazardous Waste Generator Improvements Rule
Modifications to the Hazardous Waste Generator requirements were based upon the U.S. Environmental Protection Agency’s (EPA) final rule, which was published in the Federal Register on November 28, 2016. The changes reorganize generator regulations, strengthen environmental protection, provide greater flexibility to hazardous waste generators and clarify certain components of the hazardous waste generator program.
 
September 10-11, 2018
No rulemaking hearings were held in September 2018.
 
On September 10th, the commission held an evening meeting at the Historic City Hall in Fort Morgan, Colorado to hear public comments about issues in the region.  Earlier in the day, the commission toured Veolia Environmental Services, a hazardous waste treatment and storage facility in Henderson, CO and A-1 Organics, a commercial compost facility in Keenesburg to see day-to-day operations of these regulated facilities.  On September 11th, the commission toured the Western Sugar Cooperative in Fort Morgan.
 
November 20, 2018
6 CCR 1007-3, Part 262 - Hazardous Waste Generator Improvements Rule Amendments
The commission adopted amendments that corrected typographical errors and inadvertent omissions that were found after the commission adopted the rule in May 2018.
 
6 CCR 1007-2, Part 1, Sections 1.2, 1.8, 5.5, 7.2 and 9.3 - Solid Waste Correction of Typographical Errors and Outdated References
The commission adopted several corrections in the Solid Waste Regulations. They also removed outdated references throughout the regulations.
 
February 19, 2019
6 CCR 1007-2, Part 1, Section 1.7.5 - Waste Grease Annual Fees
The commission adopted changes that lowered the fees for waste grease transporters and waste grease facilities in order to bring the program funds within balance.
 
6 CCR 1007-3, Part 262.14(a) - Hazardous Waste Generator Improvements Rule Amendments
The commission adopted additional amendments that corrected technical errors and inadvertent omissions in Part 262.14 that were identified after the commission adopted state analogs to the federal Hazardous Waste Generator Improvements Rule on May 15, 2018. Changes to Part 262.14(a) included adding a requirement for Very Small Quantity Generators (VSQGs) to return the self-certification checklist if requested by the division, and corrected the condition for exemption that required all VSQGs to obtain an EPA identification number.
 
6 CCR 1007-3, Parts 260, 262, 263, 264, and 265 – User Fees for the Electronic Hazardous Waste Manifest System
The commission adopted amendments corresponding to the 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.
 
6 CCR 1007-3, Part 279 - Standards for the Management of Used Oil
The commission adopted amendments that corrected technical and typographical errors in Part 279.  Major changes included clarifying the applicability of the RCRA used oil management standards for used oil containing polychlorinated biphenyls (PCBs).  The amendments also clarified the state’s intent to be more stringent than the federal requirements regarding the management of mixtures of used oil and listed hazardous wastes by Very Small Quantity Generators.
 
6 CCR 1007-3, Part 261, Appendix IX - Conditional Delisting of F006 Hazardous Waste Generated by Acme Manufacturing located at 4650 S. Leydon Street, Denver, CO
The commission approved a delisting request from Acme Manufacturing.  Acme Manufacturing produces hazardous waste from zinc and chrome plating on cold steel.  The sludge generated from the wastewater treatment system was managed as a hazardous waste.  Based on current sampling, the hazardous constituents were detected below regulatory limits and could be delisted.