Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Colorado generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
The Colorado Department of Public Health and Environment has developed a state-specific notification form for regulated hazardous waste activity occurring in the state. The new Colorado Hazardous Waste Notification Form standardizes the site information that was previously collected on the Notification of Regulated Waste Activity [EPA Form 8700-12], the RCRA Hazardous Waste Part A Permit Application [EPA Form 8700-23] and the biennial Hazardous Waste Report [EPA Form 8700-13A/B]. Submission of this form satisfies the requirement to notify the State and the US EPA of your regulated waste activities and obtain an EPA Identification Number. The Department requires the use of the new Colorado Hazardous Waste Notification Form to notify of regulated waste activities. EPA Form 8700-12 (any revision) will no longer be accepted. The completed original Notification Form should be sent to: Notification Coordinator, Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80246-1530.
2. How do I determine my generator status?
Colorado follows the federal generator classifications.
3. How can I tell if the waste materials I handle are considered
Colorado generally follows the federal rules for defining hazardous wastes. The state's definition of what constitutes waste and hazardous waste in Colorado is stricter than the federal rules because the state has not adopted the waste exclusions for condensates derived from the overhead gases from kraft mill steam strippers and comparable fuels or comparable syngas fuels.Colorado has a solid waste exclusion for inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location, or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste.
4. How long can I store hazardous wastes on site?
Colorado follows the federal rules for storing hazardous wastes. Hazardous waste storage facilities must pay state facility fees. LQGs must designate the location of each area (including satellite storage locations) in which they are accumulating hazardous waste, in their contingency plans.Generators must immediately, upon exceeding the 55-gallon or 1-quart accumulation level, mark the container with the date that the level is exceeded, and immediately comply with the on-site storage requirements for generators.
5. Who can transport and receive the wastes I ship off site?
Colorado the federal rules for transporting hazardous waste. Hazardous materials and waste transporters must have a hazardous materials transportation permit from PUC and provide proof of liability insurance. USDOT hazardous materials certification must be on the CDL of each driver who transports hazardous materials.Anyone transporting hazardous waste or operating a transfer facility in Colorado must notify the state and obtain an EPA ID number prior to transporting waste.Transporters that have a hazardous waste discharge during transport must give notice and send CDPHE a written report of the end result of the discharge.If there is a spill at a transfer facility, transporters must take action to protect human health and the environment and clean up the spill in a timely manner. If a spill exceeds 55 gallons, the transporter must report required information to CDPHE within 24 hours.
6. What records do I have to keep?
Colorado follows the federal recordkeeping rules.
7. Do I have to file reports?
Colorado follows the federal rules for reporting.
8. What training requirements do I have to meet?
Colorado follows the federal rules for training.Hazardous waste incinerators personnel must complete an approved training program in the basic design, proper operation, and maintenance of an incineration facility.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Colorado these differences include:
Colorado does not require the use of State-specific waste codes on hazardous waste shipping manifests. The only State-specific waste codes for Colorado are related to waste chemical weapons, including mustard gas and Sarin, and associated treatment residues and contaminated materials that came in contact with chemical weapons.
Colorado does not require copies of hazardous waste manifests be submitted to the State unless specifically requested to do so by the Hazardous Materials and Waste Management Division (for example, as follow-up to a hazardous waste inspection).
Other Notes, Comments:: None.
10. What are some other differences between federal and state
LQGs must pay and annual commission and an annual generator fee.
- Gary Baughman, Director, Hazardous Materials and Waste Management Division, (303) 692-3338
- Fred Dowsett, Compliance Coordinator/Compliance Assistance and Technical Support Unit Leader, (303) 692-3339