As a state with its own hazardous waste program, authorized by the US EPA under the authority of the Resource Conservation and Recovery Act (RCRA), Colorado may make its hazardous waste regulations more strict and more broad than the Federal rule.  Colorado has done this in regards to its regulation of the Conditionally Exempt Small Quantity Generator (CESQG) status for hazardous waste.  The purpose of this article is to explain the state-specific regulations of the Colorado Department of Public Health and Environment (CDPHE) applicable to a CESQG.

Are you in compliance with the regulations of the CDPHE?

To begin with, you must be certain of your hazardous waste generator status.  In this regard, the CDPHE regulations are the same as those of the US EPA.  Pursuant to CDPHE regulations 6 CCR 1007-3 Section 261.5, a CESQG may generate no more than the following per calendar month:

• 100 kg of hazardous waste (≤100 kg/mo)

And…

• 1 kg of acutely hazardous waste (≤1 kg/mo)

In Colorado, a CESQG is excepted from most of the hazardous waste regulations (see below), but has three regulatory responsibilities remaining:

1. Complete the hazardous waste determination for all waste generated.
2. Never accumulate more than 1,000 kg (>1,000 kg) of hazardous waste or more than 1 kg (>1 kg) of acutely hazardous waste.
3. Ensure wastes are ultimately treated or disposed of at a facility that is approved for that activity.

It is in the third requirement that CDPHE regulations divert from the Federal.  In Colorado, the ultimate disposal of waste from a CESQG is limited in the following ways:

• A Colorado CESQG may not dispose or their hazardous waste on-site [6 CCR 1007-3 Sections 261.5(f)(3) & (g)(3)].
• Colorado solid waste regulations forbid the disposal of non-residential hazardous waste at Colorado solid waste landfills [6 CCR 1007-2 Section 2.1.2].  In other words:
  • Hazardous waste generated by a business or government entity (ie. non-residential) can not be disposed of at a Colorado solid waste landfill; even if the generator is a CESQG.
  • Residential hazardous waste (ie. Household Hazardous Waste) may be disposed of in a Colorado solid waste landfill.  Check with the landfill for approval.
  • Hazardous waste generated by a CESQG (residential or non-residential) may be acceptable for disposal at a landfill outside the state of Colorado.  Check with the landfill for approval.
  • Hazardous waste generated by a non-residential CESQG must ultimately be sent to:
    • A RCRA-permitted hazardous waste treatment, storage and disposal facility.
    • A legitimate recycler of the waste.
    • An out-of-state solid waste disposal facility that is authorized by its state to accept CESQG waste.

CESQG Exceptions:

In Colorado a CESQG is not subject to the following:

• US EPA site identification number.
• Hazardous waste codes.
• On-site accumulation time limits.
• Container management.
• Personnel training.
• Recordkeeping
• Container labeling and marking.
• Closed container.
• A permit to treat their own hazardous waste on-site.
• Land Disposal Restrictions.
• The Emergency Preparedness and Prevention requirements of 40 CFR 265, Subpart C.
• The Contingency Plan and Emergency Procedures requirements of 40 CFR 265, Subpart D.
• Use of the Uniform Hazardous Waste Manifest for off-site shipments.
• Weekly inspections of containers.
• Biennial reporting.

CESQG “Common Sense”:

In addition to the regulations, common sense should guide a CESQG in their management of hazardous waste.  Please consider the following actions that are not required by regulations:

• Hazardous wastes should be stored in tanks and/or containers that are in good condition, lacking any signs of damage or corrosion that could lead to leaks or spills.
• Tanks and/or containers should be labeled to identify the contents.
• Incompatible wastes should be stored separately or segregated in some way to prevent inadvertent mixing.
• Employees exposed to hazardous waste should receive training in the requirements of the regulations and the proper response in an emergency.

My Onsite Training is a great way to learn the regulations of your state (Colorado is not alone in having state-specific regulations) and how they apply to your operations.  Not a Large Quantity Generator of hazardous waste?  Then I won’t spend any time talking about the requirements of an LQG.  Are your operations limited to Colorado?  Then I won’t spend any time talking about the regulations in Texas or Wisconsin.

Contact me for the Onsite Training you need to maintain compliance with both state and Federal regulations.