ECAR Fact Sheet for Colorado
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

To comply with Colorado’s hazardous waste requirements, you must follow the steps below:

1. Determine whether any hazardous waste is generated.
2. Determine your facility’s generator status.
3. Determine which regulations must be complied with depending upon your facility’s generator status, and comply with those requirements.

The Colorado Department of Public Health and Environment (CDPHE) has prepared a guidance document called the Guide to Generator Requirements of the Colorado Hazardous Waste Regulations, to help auto recyclers understand and comply with the state’s hazardous waste management requirements.

Regulations

Definition of Solid Waste. In order for a waste to be considered a hazardous waste, it must first meet the definition of solid waste. The term “solid waste” can be somewhat misleading. The word “solid” does not refer to the physical state of the waste. Solid waste can be a solid, liquid, or contained gas. Under the hazardous waste rules, a solid waste is any material that will no longer be used for its original intended purpose, or a material that must be reclaimed before reuse. You will need to look at each of the waste streams generated (e.g., antifreeze, used oil, solvents, etc.) and determine whether it is a solid waste. Note that not all solid wastes are considered hazardous wastes. Certain solid wastes, such as used oil destined for recycling, are excluded from the hazardous waste rules.

A hazardous waste is a solid, a liquid, or a contained gaseous material that is no longer used or that no longer serves the purpose for which it was produced, and could pose dangers to human health and the environment after it is discarded.

Hazardous Waste Determination.  It is the responsibility of all solid waste generators to determine whether their waste is hazardous. The procedure for this is called a “hazardous waste determination.”  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either “listed” or “characteristic”, or if they are a mixture of a listed hazardous waste and other wastes.

A.     Listed wastes. Waste is considered hazardous if it is found on any one of four “lists”. These “lists” are called the “F”, “K”, “P” and “U” lists.

• F listed hazardous wastes are wastes from non-specific sources such as spent solvents or waste water treatment sludges from electroplating.
• K listed hazardous wastes are wastes from a specific source, for example, an untreated waste water from a specific industrial process listed in the regulations such as K002 which is wastewater treatment sludge from the production of chrome yellow and orange pigments.
• P and U listed wastes are off-specification or discarded commercial chemical products or, any residue remaining in a container that held commercial chemical products in the P or U listing or, any residue or contaminated media resulting from the cleanup of a spill of a commercial chemical product in the P or U listing.

B. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are “characteristic” hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

• IGNITABLE - combustible under certain conditions
• CORROSIVE - highly acidic, basic and/or capable of corroding metal
• REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
• TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it’s more expensive to dispose of hazardous waste than it is solid waste).

D. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state’s universal waste requirements.

E. Acutely Hazardous Wastes. An acutely hazardous waste exhibits any of the characteristics of characteristic hazardous waste, and is fatal to humans or animals in low doses or can cause or contribute to an increase in serious irreversible, or incapacitating reversible, illness. All P listed wastes are acutely hazardous wastes. In addition, specified Dioxin wastes: F020, F021, F022, F023, FO26 and F027 are acutely hazardous wastes.

Generator Status.  If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of these three classifications.

• Conditionally Exempt Small Quantity Generator (CESQG). You are considered a CESQG if you generate no more than 100 kilograms (about 220 pounds or 25 gallons) of hazardous waste, and no more than 1 kilogram (about 2.2 pounds) of acutely hazardous waste in any calendar month, AND never accumulate more than 1,000 kilograms of hazardous waste on your property
• Small Quantity Generator (SQG). You are considered an SQG if you generate more than 100 and less than 1,000 kilograms (between 220 and 2,200 pounds, or about 25 to under 300 gallons) of hazardous waste, and no more than 1 kilogram (about 2.2 pounds) of acutely hazardous waste in any month, AND never accumulate 6,000 kilograms of non-acutely hazardous waste on site at any one time.
• Large Quantity Generator (LQG). You are considered an LQG if you generate 1,000 kilograms (about 2,200 pounds, or 300 gallons) or more of hazardous waste, or more than 1 kilogram (about 2.2 pounds) of acutely hazardous waste in any month

In addition, generators are subject to annual hazardous waste management fees.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you. See the Guide to Generator Requirements of the Colorado Hazardous Waste Regulations, for more details

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

Colorado Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste

1. For more information, contact the Colorado Department of Health and Environment’s technical assistance line at 303-692-3320, or toll-free at 888-569-1831, if outside of the 303 area code.
2. To report a spill or leak, at minimum, call the Colorado 24-hour Emergency Spill/Release Reporting Line at 877-518-5608 and the Local Emergency Planning Committee at 303-273-1622, immediately or within 24-hours. Refer to the Spill Response Fact Sheet to determine your reporting requirements.
3. To report an environmental incident or complaint, contact the nearest regional office.

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