Colorado Hazardous Waste Permit (18-CO-b)
Hazardous Waste Permit Process
18-CO-b.1 and 18-CO-b.2 — Will the Project Generate, Treat, Store, or Dispose of Hazardous Waste?
A developer may need a Hazardous Waste Permit (permit) for the treatment, storage, and disposal of any hazardous waste listed in Part 261 of 6 CCR 1007-3 § 100.10. Owners and operators of existing or new hazardous waste management units must have permits for the active life of the unit, including the closure period. Surface impoundments, landfills, land treatment units and waste piles that received waste after July 26, 1982 or that certified closure after January 26, 1983 must have post closure permits unless the developer properly removed the waste. 6 CCR 1007-3 § 100.10; TSDF Guidance The Colorado Hazardous Waste regulations define “hazardous waste” as a solid waste that has no commercial use or value and:
- Is not specifically excluded from regulation;
- Exhibits any of the characteristics of hazardous waste;
- Is a listed hazardous waste;
- Is a mixture of solid waste and a hazardous waste; or
- Is used oil with more than 1000 ppm total halogens.
Colorado regulation 6 CCR 1007-3 § 261.2 defines solid waste not on the physical form of the material, but on the fact that the material is waste or discarded, i.e. abandoned, recycled, inherently waste-like. Colorado Hazardous Waste Recycling Guidance, at p.1.
Owners and operators of off-site facilities that treat, store, or dispose of solid wastes, as defined in 40 CFR 261.2, are encouraged to obtain information on the solid wastes they receive from generators. If the generators will not supply this information, the developer is still responsible for determining whether the solid waste handled is hazardous and regulated by the Resource Conservation and Recovery Act (RCRA). The developer should follow the procedure under On-site Facilities described below to determine if the solid waste handled is hazardous and regulated by RCRA. RCRA Hazardous Waste Part A Permit Application Instructions and Form, at p.6. "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of 6 CCR 1007-3 § 100.10 or whose act first causes a hazardous waste to become subject to regulation. (6 CCR 1007-3 Part 260.10).
Generators who treat, store, or dispose, on-site, their own solid wastes (as defined by 40 CFR 261.2) should determine whether their solid wastes are hazardous wastes regulated by the Resource Conservation and Recovery Act (RCRA). First, a developer must determine if RCRA excludes the particular solid waste handled from regulation. RCRA (40 CFR 261.4) lists the substances excluded from regulation. If the regulations do not exclude the solid waste handled the developer must determine if the solid waste handled is a hazardous waste that is regulated under RCRA. The Environmental Protection Agency (EPA) regulates a solid waste as a hazardous waste by specifically listing it (40 CFR Part 261, Subpart D) as a hazardous waste or by assigning it a generic hazardous waste code because it possesses any of the four hazardous waste characteristics described in 40 CFR Part 261, Subpart C. RCRA Hazardous Waste Part A Permit Application Instructions and Form, at p.6.
"Treatment" when used in connection with an operation involved in hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume. (6 CCR 1007-3 Part 260.10).
"Storage" when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term does not apply to any hazardous waste generation if such waste is retained on the site by the Generator in quantities or for time periods exempted by rules and regulations promulgated by the Commission. (6 CCR 1007-3 Part 260.10).
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (6 CCR 1007-3 Part 260.10).
18-CO-b.3 — Will the Project Dispose of Hazardous Waste On-Site?
A developer who proposes to operate a solid waste disposal site (processing, treatment, or final disposal) must, unless specifically exempt by CRS 25-15-201, must obtain a Certificate of Designation from the board of county commissioners or the appropriate governing body. Storage and treatment facilities are not required to obtain a certificate of designation. 6 CCR 1007-2 §1.3.3; TSDF Guidance.
18-CO-b.4 - Initiate County Certificate of Designation Process
A developer proposing to operate a facility for solid wastes disposal within the unincorporated portion of any county must apply to the commissioners of the county in which the site is located for a Certificate of Designation. A developer proposing to operate a facility for solid wastes disposal within the corporate boundaries of a municipality must apply to the governing body of that municipality for a Certificate of Designation. 6 CCR 1007-2 §1.6.1.
The Certificate of Designation is the dual responsibility of the locality and the Colorado Department of Public Health and Environment (DPHE). Certificate of Designation Bulletin, at p.1. There is no standard Certificate of Designation application. Certificate of Designation Bulletin, at p.1. However, all applications must include:
- A non-refundable fee determined by the applicable local governing body; and
- At least five (5) copies of an engineering design and operations report prepared in accordance with Colorado Code of Regulations 6 CCR 1007-2 Part 1, Solid Waste Disposal Sites and Facilities. 6 CCR 1007-2 §1.6.2.
Developers should contact the local governing authority to determine specific requirements.
After receipt of an application, the local governing body will forward copies of the application and copies of the engineering design and operations report to the DHPE for review and a recommendation of approval or disapproval. 6 CCR 1007-2 §1.6.2.
Technical Completeness Review
The DHPE then conduct a technical review of each application for a Certification of Designation for a solid waste disposal site and facility in accordance with 6 CCR 1007-2 §1.6.5. The DPHE will make an initial decision concerning the completeness of the application and its associated technical documents within thirty (30) days of the receipt of the application as a referral from the local governing body having jurisdiction. The DHPE will make the initial technical review decision on the content of the application submitted.
The DHPE will notify the applicant (developer) and local governing body with jurisdiction, in writing, whether or not the comprehensive technical evaluation of the application will commence. If DHPE fails to provide the applicant (developer) and local governing body with a written decision concerning the completeness of the application within thirty (30) days, the application will automatically proceed through a comprehensive review pursuant to 6 CCR 1007-2 §1.6.6.
The DHPE may request additional information or clarifications from the developer concerning the application at any time in order to make an informed decision on the application. 6 CCR 1007-2 §1.6.5(C).
Comprehensive Technical Review
If the DHPE determines the application is technically complete, the DHPE must evaluate the application to determine whether the site and facility, as proposed and documented in the submitted information, can meet the requirements of Colorado Code of Regulations 6 CCR 1007-2 Part 1, Solid Waste Disposal Sites and Facilities and Colorado – C.R.S. 25-15 et seq., Hazardous Waste Control Act. The DHPE must complete the comprehensive review of each application for a solid waste disposal site and facility within 150 days after the completeness review period, specified in 6 CCR 1007-2 §1.6.5. The DHPE will use this comprehensive technical review as the basis for recommendations to the local governing body concerning approval or disapproval of the prosed site and facility. The local governing body must incorporate any technical conditions of approval made by the DHPE as requirements of the Certificate of Designation.
Note, the DHPE may enlist a qualified contractor to conduct the technical review of the application, pending on available DHPE resources, pursuant to 6 CCR 1007-2 §1.6.7.
18-CO-b.5 –Will the Project only Treat Hazardous Waste On-Site?
Generators wanting to treat their own hazardous wastes on-site before shipping the waste off-site for continued treatment, storage or disposal may utilize the Generator Treatment Permit by rule. 6 CCR 1007-3 § 100.21(d); Generator Treatment Permit by Rule Guidance.
18-CO-b.6 — Does the Waste Treated by the Developer Qualify for the Generator Treatment Permit by rule?
The permit by rule process allows generators of hazardous waste to treat certain wastes without having to go through the formal permitting process. Because of the inherent danger of fire, explosion or evolution of toxic gases involved in thermal treatment and treatment of reactive wastes, these are excluded from the permit by rule process. Treatment must be done in tanks or containers for the purpose of reducing the volume or toxicity of the waste, or to increase the ability to recycle or reclaim the waste. 6 CCR 1007-3 § 100.21(d); Generator Treatment Permit by Rule Guidance).
18-CO-b.7 — Waste Analysis Plan
There is no formal application process for the generator permit by rule. Generators must develop and implement a written waste analysis plan. The plan must include a detailed chemical and physical analysis of the waste and thoroughly describe the procedures used during treatment. These procedures must include any testing necessary to meet the desired treatment goals. . The plan must ensure adequate personnel training, provide for appropriate spill response, ensure waste compatibility with the selected treatment process and demonstrate compliance with hazardous waste requirements. 6 CCR 1007-3 § 100.21(d)(4); Generator Treatment Permit by Rule Guidance.
18-CO-b.8 — Generator Treatment Permit
The permit by rule remains effective until the process that generates the waste changes or the treatment process changes. Generator Treatment Permit by Rule Guidance.
18-CO-b.9 — Hazardous Waste Permit Application Part A
Part A of the RCRA hazardous waste permit application consists of EPA Form 8700-23 (includes both the RCRA Subtitle C Site Identification Form and the Hazardous Waste Permit Information Form), along with maps, drawings, and photographs, as required by 40 CFR 270.13.
18-CO-b.10 – Publish Public Notice of Informational Meeting
Thirty days prior to the informational meeting, the developer must give public notice announcing the meeting by newspaper advertisement, a sign posted at the facility, and by broadcast media announcement. Generator Treatment Permit by Rule Guidance; 6 CCR 1007-3 Part 100.11(f)(4).
18-CO-b.11 – Hold Informational Meeting
The developer must hold an informational public meeting prior to submitting Part B of the hazardous waste permit application. During the meeting, the developer should provide information about the proposed hazardous waste activities at its facility and solicit questions from the public. See (6 CCR 1007-3 Part 100.11(f)).
18-CO-b.12 — Hazardous Waste Permit Application Part B
Part B of the RCRA hazardous waste permit application contains detailed, site-specific information. There is no form for the Part B Permit Application; rather, the Part B Permit Application must be submitted in narrative form and contain the information described in applicable sections of 40 CFR 270.14 through 270.27.
18-CO-b.13 to 18-CO-b.16 — Review Application Materials for Completeness
DPHE reviews state RCRA applications for completeness. The DPHE must complete the review within 60 days of the receipt of the application. If the application is complete, the DPHE notifies the developer. If it is not complete, the DPHE sends the developer a notice of Notice of Deficiency (NOD) which lists the missing information required for a complete application. The NOD specifies a deadline for submitting the supplemental information, and that the DPHE must review the information submitted in response to a NOD within 60 days. DPHE will not begin processing a permit until the application is complete. If the developer refuses to correct deficiencies in the application, the DPHE may deny the permit. In addition, DPHE may request additional information after the application is complete to supplement, clarify or modify previously submitted material. See, 6 CCR 1007-3 Part 100.500.
18-CO-b.17 to 18-CO-b.19 — Does DPHE Intend to Issue the Permit?; Notice of Intent to Deny Permit; Draft Permit
Once the application is complete, DPHE tentatively decides whether to prepare a draft permit to deny the application. If DPHE tentatively denies the application, DPHE must issue a notice of intent to deny the permit application and allow the public to comment on the tentative denial. Procedures for notice of denial are the same for those of a draft permit. 6 CCR 1007-3 Part 100.502.
If DPHE decides to prepare a draft permit, it should contain all of the applicable conditions listed under (6 CCR 1007-3 Part 100.42-43). In addition, the draft permit must be accompanied by a statement of basis (6 CCR 1007-3 Part 100.505) or a fact sheet (6 CCR 1007-3 Part 100.503), be based on the administrative records (6 CCR 1007-3 Part 100.505), be publicly noticed (6 CCR 1007-3 Part 100.506), and be made available for public comments (6 CCR 1007-3 Part 100.507).
18-CO-b.20 to 18-CO-b.21 – Publish Public Notice of Hazardous Waste Permit
The DPHE must publish public notice of its intent to issue or deny a draft permit. This notice starts the 45-day comment period. Any interested party may submit written comments to the DPHE regarding the Hazardous Waste Permit. 6 CCR 1007-3 Part 100.506.
18-CO-b.22 to 18-CO-b.23 — Publish Notice of Public Hearing (If Applicable)
The DPHE may hold a public hearing regarding the permit on its own discretion or by request. The DPHE must publish public notice regarding the public hearing 30 days prior to the hearing date.
18-CO-b.24 - Response to Public Comments, Final Permit Denial or Approved Permit
At the close of the comment period, DPHE prepares a response to comments received and prepares a Final Permit Denial or a Final Approved Permit. The DPHE must issue a final permit decision 90 days after the close of the public comment period.
18-CO-b.25 - Pay Annual Permit Fees (If Permit Approved)
There are several types of fees established under the program. Facilities operating under a treatment, storage or disposal permit are subject to annual operating fees that partially offset the cost of monitoring and compliance. The developer should contact the local governing office for details. TSDF Guidance.
18-CO-b.26 – Appeal Decision (If Applicable)
The developer and any other person adversely affected or aggrieved by any permit condition may seek judicial review of the condition in accordance with Colorado – C.R.S. 25-15-305, Judicial Review and Colorado – C.R.S. 24-4-106, Judicial Review.
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- 40 CFR 270
- Colorado – C.R.S. 25-15-308, Prohibited Acts
- Colorado – C.R.S. 25-15 et seq., Hazardous Waste Control Act
- Colorado Code of Regulations 6 CCR 1007-3, Hazardous Waste Regulations Part 100
- Colorado Code of Regulations 6 CCR 1007-3 Part 261, Hazardous Waste – Identification and Listing of Hazardous Waste
- Colorado Code of Regulations 6 CCR 1007-2 Part 1, Solid Waste Disposal Sites and Facilities
- Colorado – C.R.S. 25-15-305, Judicial Review
- Colorado – C.R.S. 24-4-106, Judicial Review.
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- Hazardous Waste Treatment, Storage and Disposal Facilities (TSDF) Guidance
- Generator Treatment Permit by Rule Guidance
- RCRA Hazardous Waste Part A Permit Application: Instructions and Form (EPA Form 8700-23)
- Colorado Hazardous Waste Recycling Guidance
- RCRA Hazardous Waste Part A Permit Application Instructions and Form
- Colorado Compliance Bulletin Solid Waste Certificate of Designation
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Colorado Department of Public Health and Environment
Hazardous Waste Permitting Unit Contacts