This amendment to 6 CCR 1007-3, Part 261 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.
Amendment of § 261.5 Special Requirements for Conditionally Exempt Small Quantity Generators.
Section 261.5 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time to require conditionally exempt small quantity generators (CESQGs) of hazardous waste to maintain and operate their facilities in a manner to minimize the possibility of a release.
While the current regulations require large quantity generators (LQGs) and small quantity generators (SQGs) of hazardous waste to operate their facilities in a manner to minimize the possibility of a release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, CESQGs are not currently required to meet this same standard. This inconsistency in the regulations provides no incentive for CESQGs to properly manage their hazardous waste and potentially provides CESQGs with an economic advantage over SQGs and LQGs.
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 proposed rule. The Commission finds that this rule is necessary to protect public health and the environment.
Statement of Basis and Purpose - Rulemaking Hearing of February 19, 2008 [Eff 03/30/2008]
6 CCR 1007-3-8.66