DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division HAZARDOUS WASTE - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES. 6 CCR 1007-3 Part 267 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ PART 267 – STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES. Subpart A-B – (Reserved).

Subpart C – Recyclable Materials Used In A Manner Constituting Disposal Sec.

267.20 Applicability.

267.21 Standards applicable to generators and transporters of materials used in a manner that constitute disposal.

267.22 Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users.

267.23 Standards applicable to users of Hazardous Waste that are used in a manner that constitutes disposal.

Subpart D – [Reserved] Subpart E – [Reserved] Subpart F – Recyclable Materials Utilized for Precious Metal Recovery 267.70 Applicability and requirements.

Subpart G – Spent Lead-acid Batteries Being Reclaimed 267.80 Applicability and requirements.

Subparts H-L – [Reserved] Subpart M – Military Munitions 267.200 Applicability.

267.201 Definitions.

267.202 Definition of solid waste.

267.203 (Reserved] 267.204 [Reserved] 267.205 [Reserved] 267.206 [Reserved] Subpart O – Reserved 1 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Subpart P – Hazardous Waste Pharmaceuticals Section 267.500 Definitions for this subpart.

267.501 Applicability and incorporation by reference.

267.502 Standards for healthcare facilities managing non-creditable hazardous waste pharmaceuticals.

267.503 Standards for healthcare facilities managing potentially creditable hazardous waste pharmaceuticals.

267.504 Healthcare facilities that are very small quantity generators for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste. 267.505 Prohibition of sewering hazardous waste pharmaceuticals. 267.506 Conditional exemption for hazardous waste pharmaceuticals that are also controlled substances and household hazardous waste pharmaceuticals collected in a take-back event or program.

267.507 Residues of hazardous waste pharmaceuticals in empty containers. 267.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility or evaluated hazardous waste pharmaceuticals from a reverse distributor. 267.509 Shipping potentially creditable hazardous waste pharmaceuticals from a healthcare facility or a reverse distributor to a reverse distributor. 267.510 Standards for the management of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals at reverse distributors. Subpart Q – Class B Firefighting Foam Containing PFAS Sec.

267.600 Reserved 267.601 Definitions 267.605 Applicability of requirements 267.606 Use prohibitions 267.610 Registration and certificate program 267.611 Additional reporting 267.615 Capture requirements 267.620 PFAS AFFF storage 267.630 Reserved 2 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Subparts A-B – (Reserved)

Subpart C – Recyclable Materials Used In A Manner Constituting Disposal § 267.20 Applicability.

(a) The regulations of this subpart apply to recyclable materials that are applied to or placed on the land:

(1) Without mixing with any other substance(s); or (2) After mixing or combining with any other substance(s). These materials will be referred to throughout this subpart as “materials used in a manner that constitutes disposal”. (b) Products produced for the general public’s use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in Subpart D of Part 268 (or applicable prohibition levels in § 268.32 or RCRA section 3004(d), where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain, and the recycler complies with § 268.7(b)(6) of these regulations.

(c) Anti-skid/de-icing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in paragraph (b) of this section and remain subject to regulation.

(d) Fertilizers that contain recyclable materials are not subject to regulation provided that: (1) They are zinc fertilizers excluded from the definition of solid waste according to § 261.4(a)(21) of these regulations; or (2) They meet the applicable treatment standards in Subpart D of Part 268 of these regulations for each hazardous waste that they contain. § 267.21 Standards applicable to generators and transporters of materials used in a manner that constitute disposal.

Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of Parts 262 and 263 of these regulations, and the notification requirements of Part 99 of these regulations.

§ 267.22 Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users.

Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of Subparts A through L of Part 264 and Part 265 of these regulations; all applicable provisions of Part 100 of these regulations; and the notification requirements of Part 99 of these regulations.

3 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division § 267.23 Standards applicable to users of Hazardous Waste that are used in a manner that constitutes disposal.

(a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of Subparts A through N of Parts 264, 265, and 268 of these regulations; the applicable provisions of Part 100 of these regulations; and the notification requirements of Part 99 of these regulations. (These requirements do not apply to products which contain these recyclable materials under the provisions of § 267.20(b) of these regulations.)

(b) The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.

Subpart D – [Reserved] Subpart E – [Reserved] Subpart F – Recyclable Materials Utilized for Precious Metal Recovery § 267.70 Applicability and requirements.

(a) The regulations of this subpart apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.

(b) Persons who generate, transport, or store recyclable materials that are regulated under this subpart are subject to the following requirements:

(1) The notification requirements of Part 99;

(2) Subpart B of Part 262 (for generators), § § 263.20 and 263.21 (for transporters), and § § 265.71 and 265.72 (for persons who store) of these regulations; (3) For precious metals exported to or imported from other countries for recovery, Subpart H of Part 262 and § 265.12 of these regulations.

(c) Persons who store recyclable materials that are regulated under this subpart must keep the following records to document that they are not accumulating these materials speculatively (as defined in § 261.1(d) of these regulations);

(1) Records showing the volume of these materials stored at the beginning of the calendar year;

(2) The amount of these materials generated or received during the calendar year; and (3) The amount of materials remaining at the end of the calendar year. (d) Recyclable materials that are regulated under this subpart that are accumulated speculatively (as defined in § 261.1(d) of these regulations) are subject to all applicable provisions of Parts 262 through 266, and Parts 99 and 100 of these regulations. 4 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Subpart G – Spent Lead-Acid Batteries Being Reclaimed § 267.80 Applicability and requirements.

(a) Are spent lead acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead acid batteries under the “Universal Waste'' rule in Part 273 of these regulations. 5 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division If your batteries * * * And if you * * * Then you * * * And you * * * (1) Will be reclaimed ………………… are exempt from Parts 262 are subject to Part through regeneration (except for § 262.11), 263, 261 and § 262.11 of (such as by 264, 265, 267, 268, and Part these regulations. electrolyte 100 of these regulations, and replacement). the notification requirements of Part 99 of these regulations.

(2) Will be reclaimed generate, collect are exempt from Parts 262 are subject to Part other than through and/or transport (except for § 262.11), 263, 261, § 262.11, and regeneration. these batteries. 264, 265, 267, and Part 100 applicable provisions of these regulations, and the under Part 268 of notification requirements of these regulations.

Part 99 of these regulations.

(3) Will be reclaimed store these are exempt from Parts 262 are subject to Part other than through batteries but you (except for § 262.11), 263, 261, § 262.11, and regeneration. aren’t the 264, 265, 267, and Part 100 applicable provisions reclaimer. of these regulations, and the under Part 268 of notification requirements of these regulations.

Part 99 of these regulations.

(4) Will be reclaimed store these must comply with § 267.80(b) are subject to Part other than through batteries before of these regulations and as 261,§ 262.11, and regeneration. you reclaim appropriate other regulatory applicable provisions them. provisions described in § under Part 268 of 267.80(b). these regulations.

(5) Will be reclaimed don’t store these are exempt from Parts 262 are subject to Part other than through batteries before (except for § 262.11), 263, 261, § 262.11, and regeneration. you reclaim 264, 265, 267, and Part 100 applicable provisions them. of these regulations, and the under Part 268 of notification requirements of these regulations.

Part 99 of these regulations.

(6) Will be reclaimed export these are exempt from Parts 262 are subject to Part through regeneration batteries for (except for § 262.11, § 261, § 262.11, § or any other means. reclamation in a 262.18, and Subpart H), 263, 262.18, and Part foreign country. 264, 265, 267, 268 and Part 262, Subpart H. 100 of these regulations, and the notification requirements of Part 99 of these regulations.

(7) Will be reclaimed transport these are exempt from Parts 263, must comply with through regeneration batteries in the 264, 265, 267, 268 and Part applicable or any other means U.S. to export 100 of these regulations, and requirements in Part them for the notification requirements 262, Subpart H.

reclamation in a of Part 99 of these foreign country. regulations.

(8) Will be reclaimed Import these are exempt from Parts 262 are subject to Part other than through batteries from (except for § 262.11, § 261, § 262.11, § regeneration. foreign country 262.18, and Subpart H), 263, 262.18, Part 262 and store these 264, 265, 267, 268 and Part Subpart H, and batteries but you 100 of these regulations, and applicable provisions aren’t the re- the notification requirements under Part 268. claimer. of Part 99 of these regulations.

6 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division If your batteries * * * And if you * * * Then you * * * And you * * * (9) Will be reclaimed Import these must comply with Part are subject to Part other than through batteries from 267.80(b) and as appropriate 261, § 262.11, § regeneration. foreign country other regulatory provisions 262.18, Part 262 and store these described in § 267.80(b). Subpart H, and batteries before applicable provisions you reclaim under Part 268.

them.

(10) Will be reclaimed Import these Are exempt from Parts 262 are subject to Part other than through batteries from (except for § 262.11, § 261, § 262.11, § regeneration. foreign country 262.18, and Subpart H), 263, 262.18, Part 262 and don’t store 264, 265, 267, and Part 100 Subpart H, and these batteries of these regulations, and the applicable provisions before you notification requirements of under Part 268. reclaim them. Part 99 of these regulations.

(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you reclaim them, but you don’t reclaim them through regeneration. The requirements are slightly different depending on your RCRA permit status. (1) For Interim Status Facilities, you must comply with: (i) Notification requirements under Part 99 of these regulations. (ii) All applicable provisions in Subpart A of Part 265 of these regulations. (iii) All applicable provisions in Subpart B of Part 265 of these regulations except § 265.13 (waste analysis).

(iv) All applicable provisions in Subparts C and D of Part 265 of these regulations. (v) All applicable provisions in Subpart E of Part 265 of these regulations except § § 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).

(vi) All applicable provisions in Subparts F through L of Part 265 of these regulations. (vii) All applicable provisions in Part 100 of these regulations. (2) For Permitted Facilities.

(i) Notification requirements under Part 99 of these regulations. (ii) All applicable provisions in Subpart A of Part 264 of these regulations. (iii) All applicable provisions in Subpart B of Part 264 of these regulations except § 264.13 (waste analysis).

(iv) All applicable provisions in Subparts C and D of Part 264 of these regulations. (v) All applicable provisions in Subpart E of Part 264 of these regulations except § § 264.71 or 264.72 (dealing with the use of the manifest and manifest discrepancies).

7 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (vi) All applicable provisions in Subparts F through L of Part 264 of these regulations. (vii) All applicable provisions in Part 100 of these regulations. Subparts H-L – [Reserved] Subpart M – Military Munitions § 267.200 Applicability.

(a) The regulations in this subpart identify when military munitions become a solid waste, and, if these wastes are also hazardous under this subpart or Part 261 of these regulations, the management standards that apply to these wastes.

(b) Unless otherwise specified in this subpart, all applicable requirements in Parts 260 through 268, Part 99, and Part 100 of these regulations apply to waste military munitions. § 267.201 Definitions.

In addition to the definitions in § 260.10, the following definitions apply to this subpart: “Explosives or munitions emergency response specialist” is as defined in § 260.10 of these regulations.

“Military” means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.

“Military munitions” is as defined in § 260.10 of these regulations. “Military range” means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.

§ 267.202 Definition of solid waste.

For purposes of RCRA section 100(27), a used or fired military munition is a solid waste, and, therefore, is potentially subject to RCRA corrective action authorities under section 3004(u) and (v), and section 3008(h), or imminent and substantial endangerment authorities under section 7003, if the munition lands off-range and is not promptly rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator of the range must maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location (to the extent the location is known). Subpart O – Reserved 8 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Subpart P – Hazardous Waste Pharmaceuticals § 267.500 Definitions for this subpart.

The following definitions apply to this subpart:

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 267.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit. Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in Part 261 Subpart C or is listed in Part 261 Subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to— (1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or (2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians' offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers. Household waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, but is excluded from being a hazardous waste under § 261.4(b)(1). Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities. Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

9 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Non-hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and is not listed in Part 261 Subpart D, and does not exhibit a characteristic identified in Part 261 Subpart C.

Non-pharmaceutical hazardous waste means a solid waste, as defined in § 261.2, that is listed in Part 261 Subpart D, or exhibits one or more characteristics identified in Part 261 Subpart C, but is not a pharmaceutical, as defined in this section.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e- liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR § 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non- empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps. Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is— (1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall); (2) Undispensed; and (3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor. § 267.501 Applicability and incorporation by reference. (a) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to § 262.14 and is not subject to this subpart, except for §§ 267.505 and 267.507 and the optional provisions of § 267.504. (b) A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, has the option of complying with § 267.501(d) for the management of its hazardous waste pharmaceuticals as an alternative to complying with § 262.14 and the optional provisions of § 267.504.

(c) A healthcare facility or reverse distributor remains subject to all applicable hazardous waste regulations with respect to the management of its non-pharmaceutical hazardous waste. (d) With the exception of healthcare facilities identified in paragraph (a) of this section, a healthcare facility is subject to the following in lieu of Parts 262 through 265: 10 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (1) Sections 267.502 and 267.505 through 267.508 of this subpart with respect to the management of:

(i) Non-creditable hazardous waste pharmaceuticals, and (ii) Potentially creditable hazardous waste pharmaceuticals if they are not destined for a reverse distributor.

(2) Sections 267.502(a), 267.503, 267.505 through 267.507, and 267.509 of this subpart with respect to the management of potentially creditable hazardous waste pharmaceuticals that are prescription pharmaceuticals and are destined for a reverse distributor. (e) A reverse distributor is subject to §§ 267.505 through 267.510 of this subpart in lieu of Parts 262 through 265 with respect to the management of hazardous waste pharmaceuticals. (f) Hazardous waste pharmaceuticals generated or managed by entities other than healthcare facilities and reverse distributors (e.g., pharmaceutical manufacturers and reverse logistics centers) are not subject to this subpart. Other generators are subject to Part 262 for the generation and accumulation of hazardous wastes, including hazardous waste pharmaceuticals. (g) The following are not subject to Parts 260 through 273, except as specified: (1) Pharmaceuticals that are not solid waste, as defined by § 261.2, because they are legitimately used/reused (e.g., lawfully donated for their intended purpose) or reclaimed. (2) Over-the-counter pharmaceuticals, dietary supplements, or homeopathic drugs that are not solid wastes, as defined by § 261.2, because they have a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for their intended purpose) or reclaimed.

(3) Pharmaceuticals being managed in accordance with a recall strategy that has been approved by the Food and Drug Administration in accordance with 21 CFR part 7 subpart C. This subpart does apply to the management of the recalled hazardous waste pharmaceuticals after the Food and Drug Administration approves the destruction of the recalled items.

(4) Pharmaceuticals being managed in accordance with a recall corrective action plan that has been accepted by the Consumer Product Safety Commission in accordance with 16 CFR part 1115. This subpart does apply to the management of the recalled hazardous waste pharmaceuticals after the Consumer Product Safety Commission approves the destruction of the recalled items.

(5) Pharmaceuticals stored according to a preservation order, or during an investigation or judicial proceeding until after the preservation order, investigation, or judicial proceeding has concluded and/or a decision is made to discard the pharmaceuticals. (6) Investigational new drugs for which an investigational new drug application is in effect in accordance with the Food and Drug Administration's regulations in 21 CFR part 312. This subpart does apply to the management of the investigational new drug after the decision is made to discard the investigational new drug or the Food and Drug Administration approves the destruction of the investigational new drug, if the investigational new drug is a hazardous waste. 11 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (7) Household waste pharmaceuticals, including those that have been collected by an authorized collector (as defined by the Drug Enforcement Administration), provided the authorized collector complies with the conditional exemption in §§ 267.506(a)(2) and 267.506(b).

(h) (1) Incorporation by reference. Pursuant to § 24-4-103(12.5), C.R.S., the Commission hereby incorporates by reference the federal regulations listed in the table below into Part 267, Subpart P of these regulations. The federal references incorporated herein include only those versions that were in effect as the most recent effective date of this rule and do not include later amendments or editions of the incorporated materials.

Location in Subpart P Regulations Referenced Material 267.500 Definition of “Pharmaceutical” 21 CFR 203.3(y)

267.501(g)(3) 21 CFR part 7 subpart C 267.501(g)(4) 16 CFR part 1115 267.501(g)(6) 21 CFR part 312 267.503(e)(1)(ii) 49 CFR part 172 subpart C 267.505 40 CFR 403.5(b)(1)

267.506(a)(1) 21 CFR part 1308 267.506(b)(3)(i) 40 CFR part 62 subpart FFF 267.506(b)(3)(i) 40 CFR part 60 subpart Eb 267.506(b)(3)(ii) 40 CFR part 62 subpart JJJ 267.506(b)(3)(ii) 40 CFR part 60 subpart AAAA 267.506(b)(3)(iii) 40 CFR part 62 subpart HHH 267.506(b)(3)(iii) 40 CFR part 60 subpart Ec 267.506(b)(3)(iv) 40 CFR part 62 subpart III 267.506(b)(3)(iv) 40 CFR part 60 subpart CCCC 267.506(b)(3)(v) 40 CFR part 63 subpart EEE 267.508(a)(1)(i) 49 CFR parts 173, 178, and 180 267.508(a)(1)(ii) 49 CFR part 172 subpart E 267.508(a)(1)(iii)(A) 49 CFR part 172 subpart D 267.508(a)(1)(iii)(B) 49 CFR 172.304 267.509(a) 49 CFR parts 171-180 267.510(b)(4)(ii) 49 CFR part 172 subpart C 2) Copies of these federal regulations incorporated by reference are available, at no cost, in the online edition of the Code of Federal Regulations (CFR) hosted by the United States Government Printing Office, online at www.govinfo.gov. Copies of these regulations may be also be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, libraryhq@epa.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 12 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (3) Materials or regulations incorporated by reference in these regulations are available for examination at the Colorado Department of Public Health and Environment and at the state publications depository libraries. Additional Information concerning all materials or regulations incorporated by reference in 6 CCR 1007-3 can be found in § 260.11 of these regulations, or obtained by contacting:

Regulatory and Program Authorization Coordinator Colorado Department of Public Health and Environment Hazardous Materials & Waste Management Division 4300 Cherry Creek Drive South Denver, CO 80246-1530 § 267.502 Standards for healthcare facilities managing non-creditable hazardous waste pharmaceuticals.

(a) Notification and withdrawal from this subpart for healthcare facilities managing hazardous waste pharmaceuticals— (1) Notification. A healthcare facility must notify the EPA Regional Administrator, using the Site Identification Form (EPA Form 8700-12), that it is a healthcare facility operating under this subpart. A healthcare facility is not required to fill out Box 10.B. (Waste Codes for Federally Regulated Hazardous Waste) of the Site Identification Form with respect to its hazardous waste pharmaceuticals. A healthcare facility must submit a separate notification (Site Identification Form) for each site or EPA identification number. (i) A healthcare facility that already has an EPA identification number must notify the EPA Regional Administrator, using the Site Identification Form (EPA Form 8700-12), that it is a healthcare facility as part of its next Biennial Report, if it is required to submit one; or if not required to submit a Biennial Report, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(ii) A healthcare facility that does not have an EPA identification number must obtain one by notifying the EPA Regional Administrator, using the Site Identification Form (EPA Form 8700-12), that it is a healthcare facility as part of its next Biennial Report, if it is required to submit one; or if not required to submit a Biennial Report, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(iii) A healthcare facility must keep a copy of its notification on file for as long as the healthcare facility is subject to this subpart.

(2) Withdrawal. A healthcare facility that operated under this subpart but is no longer subject to this subpart, because it is a very small quantity generator under § 262.14, and elects to withdraw from this subpart, must notify the appropriate EPA Regional Administrator using the Site Identification Form (EPA Form 8700-12) that it is no longer operating under this subpart. A healthcare facility is not required to fill out Box 10.B. (Waste Codes for Federally Regulated Hazardous Waste) of the Site Identification Form with respect to its hazardous waste pharmaceuticals. A healthcare facility must submit a separate notification (Site Identification Form) for each EPA identification number. (i) A healthcare facility must submit the Site Identification Form notifying that it is withdrawing from this subpart before it begins operating under the conditional exemption of § 262.14.

(ii) A healthcare facility must keep a copy of its withdrawal on file for three years from the date of signature on the notification of its withdrawal. 13 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (b) Training of personnel managing non-creditable hazardous waste pharmaceuticals at healthcare facilities. A healthcare facility must ensure that all personnel that manage non- creditable hazardous waste pharmaceuticals are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

(c) Hazardous waste determination for non-creditable pharmaceuticals. A healthcare facility that generates a solid waste that is a non-creditable pharmaceutical must determine whether that pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a characteristic identified in Part 261 Subpart C or is listed in Part 261 Subpart D) in order to determine whether the waste is subject to this subpart. A healthcare facility may choose to manage its non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals under this subpart. (d) Standards for containers used to accumulate non-creditable hazardous waste pharmaceuticals at healthcare facilities. (1) A healthcare facility must place non-creditable hazardous waste pharmaceuticals in a container that is structurally sound, compatible with its contents, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(2) A healthcare facility that manages ignitable or reactive non-creditable hazardous waste pharmaceuticals, or that mixes or commingles incompatible non-creditable hazardous waste pharmaceuticals must manage the container so that it does not have the potential to:

(i) Generate extreme heat or pressure, fire or explosion, or violent reaction; (ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(iv) Damage the structural integrity of the container of non-creditable hazardous waste pharmaceuticals; or (v) Through other like means threaten human health or the environment. (3) A healthcare facility must keep containers of non-creditable hazardous waste pharmaceuticals closed and secured in a manner that prevents unauthorized access to its contents.

(4) A healthcare facility may accumulate non-creditable hazardous waste pharmaceuticals and non-hazardous non-creditable waste pharmaceuticals in the same container, except that non-creditable hazardous waste pharmaceuticals prohibited from being combusted because of the dilution prohibition of § 268.3(c) must be accumulated in separate containers and labeled with all applicable hazardous waste numbers (i.e., hazardous waste codes).

(e) Labeling containers used to accumulate non-creditable hazardous waste pharmaceuticals at healthcare facilities. A healthcare facility must label or clearly mark each container of non- creditable hazardous waste pharmaceuticals with the phrase “Hazardous Waste Pharmaceuticals.”

14 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (f) Maximum accumulation time for non-creditable hazardous waste pharmaceuticals at healthcare facilities. (1) A healthcare facility may accumulate non-creditable hazardous waste pharmaceuticals on site for one year or less without a permit or having interim status. (2) A healthcare facility that accumulates non-creditable hazardous waste pharmaceuticals on-site must demonstrate the length of time that the non-creditable hazardous waste pharmaceuticals have been accumulating, starting from the date it first becomes a waste. A healthcare facility may make this demonstration by any of the following methods: (i) Marking or labeling the container of non-creditable hazardous waste pharmaceuticals with the date that the non-creditable hazardous waste pharmaceuticals became a waste;

(ii) Maintaining an inventory system that identifies the date the non-creditable hazardous waste pharmaceuticals being accumulated first became a waste; (iii) Placing the non-creditable hazardous waste pharmaceuticals in a specific area and identifying the earliest date that any of the non-creditable hazardous waste pharmaceuticals in the area became a waste.

(g) Land disposal restrictions for non-creditable hazardous waste pharmaceuticals. The non- creditable hazardous waste pharmaceuticals generated by a healthcare facility are subject to the land disposal restrictions of Part 268. A healthcare facility that generates non-creditable hazardous waste pharmaceuticals must comply with the land disposal restrictions in accordance with § 268.7(a) requirements, except that it is not required to identify the hazardous waste numbers (i.e., hazardous waste codes) on the land disposal restrictions notification. (h) Procedures for healthcare facilities for managing rejected shipments of non-creditable hazardous waste pharmaceuticals. A healthcare facility that sends a shipment of non- creditable hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of § 264.72 or § 265.72 of these regulations may accumulate the returned non-creditable hazardous waste pharmaceuticals on site for up to an additional 90 days provided the rejected or returned shipment is managed in accordance with paragraphs (d) and (e) of this section. Upon receipt of the returned shipment, the healthcare facility must:

(1) Sign either:

(i) Item 18c of the original manifest, if the original manifest was used for the returned shipment; or (ii) Item 20 of the new manifest, if a new manifest was used for the returned shipment;

(2) Provide the transporter a copy of the manifest;

(3) Within 30 days of receipt of the rejected shipment, send a copy of the manifest to the designated facility that returned the shipment to the healthcare facility; and (4) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment in accordance with the shipping standards of § 267.508(a). 15 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (i) Reporting by healthcare facilities for non-creditable hazardous waste pharmaceuticals— (1) Biennial reporting by healthcare facilities. Healthcare facilities are not subject to biennial reporting requirements under § 262.41, with respect to non-creditable hazardous waste pharmaceuticals managed under this subpart.

(2) Exception reporting by healthcare facilities for a missing copy of the manifest—(i) For shipments from a healthcare facility to a designated facility. (A) If a healthcare facility does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 60 days of the date the non-creditable hazardous waste pharmaceuticals were accepted by the initial transporter, the healthcare facility must submit:

(1) A legible copy of the original manifest, indicating that the healthcare facility has not received confirmation of delivery, to the Department; and (2) A handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received and explaining the efforts taken to locate the non- creditable hazardous waste pharmaceuticals and the results of those efforts.

(B) [Reserved] (ii) For shipments rejected by the designated facility and shipped to an alternate facility. (A) If a healthcare facility does not receive a copy of the manifest for a rejected shipment of the non-creditable hazardous waste pharmaceuticals that is forwarded by the designated facility to an alternate facility (using appropriate manifest procedures), with the signature of the owner or operator of the alternate facility, within 60 days of the date the non-creditable hazardous waste was accepted by the initial transporter forwarding the shipment of non-creditable hazardous waste pharmaceuticals from the designated facility to the alternate facility, the healthcare facility must submit: (1) A legible copy of the original manifest, indicating that the healthcare facility has not received confirmation of delivery, to the Department; and (2) A handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received and explaining the efforts taken to locate the non- creditable hazardous waste pharmaceuticals and the results of those efforts.

(B) [Reserved] (3) Additional reports. The Department may require healthcare facilities to furnish additional reports concerning the quantities and disposition of non-creditable hazardous waste pharmaceuticals.

16 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (j) Recordkeeping by healthcare facilities for non-creditable hazardous waste pharmaceuticals. (1) A healthcare facility must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until it receives a signed copy from the designated facility which received the non-creditable hazardous waste pharmaceuticals. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

(2) A healthcare facility must keep a copy of each exception report for a period of at least three years from the date of the report.

(3) A healthcare facility must keep records of any test results, waste analyses, or other determinations made to support its hazardous waste determination(s) consistent with § 262.11(f), for at least three years from the date the waste was last sent to on-site or off- site treatment, storage or disposal. A healthcare facility that manages all of its non- creditable non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals is not required to keep documentation of hazardous waste determinations.

(4) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Department.

(5) All records must be readily available upon request by an inspector. (k) Response to spills of non-creditable hazardous waste pharmaceuticals at healthcare facilities. A healthcare facility must immediately contain all spills of non-creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with the requirements of this subpart. (l) Accepting non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator. A healthcare facility may accept non-creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator under § 262.14, without a permit or without having interim status, provided the receiving healthcare facility:

(1) Is under the control of the same person (as defined in § 260.10) as the very small quantity generator healthcare facility that is sending the non-creditable hazardous waste pharmaceuticals off-site (“control,” for the purposes of this section, means the power to direct the policies of the healthcare facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate healthcare facilities on behalf of a different person as defined in § 260.10 of these regulations shall not be deemed to “control” such healthcare facilities) or has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the very small quantity generator healthcare facility;

(2) Is operating under this subpart for the management of its non-creditable hazardous waste pharmaceuticals;

(3) Manages the non-creditable hazardous waste pharmaceuticals that it receives from off site in compliance with this subpart; and (4) Keeps records of the non-creditable hazardous waste pharmaceuticals shipments it receives from off site for three years from the date that the shipment is received. 17 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division § 267.503 Standards for healthcare facilities managing potentially creditable hazardous waste pharmaceuticals.

(a) Hazardous waste determination for potentially creditable pharmaceuticals. A healthcare facility that generates a solid waste that is a potentially creditable pharmaceutical must determine whether the potentially creditable pharmaceutical is a potentially creditable hazardous waste pharmaceutical (i.e., it is listed in Part 261 Subpart D or exhibits a characteristic identified in Part 261 Subpart C). A healthcare facility may choose to manage its potentially creditable non- hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under this subpart.

(b) Accepting potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator. A healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator under § 262.14, without a permit or without having interim status, provided the receiving healthcare facility:

(1) Is under the control of the same person, as defined in § 260.10, as the very small quantity generator healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off site, or has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the very small quantity generator healthcare facility;

(2) Is operating under this subpart for the management of its potentially creditable hazardous waste pharmaceuticals;

(3) Manages the potentially creditable hazardous waste pharmaceuticals that it receives from off site in compliance with this subpart; and (4) Keeps records of the potentially creditable hazardous waste pharmaceuticals shipments it receives from off site for three years from the date that the shipment is received. (c) Prohibition. Healthcare facilities are prohibited from sending hazardous wastes other than potentially creditable hazardous waste pharmaceuticals to a reverse distributor. (d) Biennial Reporting by healthcare facilities. Healthcare facilities are not subject to biennial reporting requirements under § 262.41 with respect to potentially creditable hazardous waste pharmaceuticals managed under this subpart.

(e) Recordkeeping by healthcare facilities. (1) A healthcare facility that initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor must keep the following records (paper or electronic) for each shipment of potentially creditable hazardous waste pharmaceuticals for three years from the date of shipment: (i) The confirmation of delivery; and (ii) The shipping papers prepared in accordance with 49 CFR part 172 subpart C, if applicable.

(2) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the EPA Regional Administrator.

(3) All records must be readily available upon request by an inspector. 18 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (f) Response to spills of potentially creditable hazardous waste pharmaceuticals at healthcare facilities. A healthcare facility must immediately contain all spills of potentially creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non- creditable hazardous waste pharmaceuticals in accordance with this subpart. § 267.504 Healthcare facilities that are very small quantity generators for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste. (a) Potentially creditable hazardous waste pharmaceuticals. A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its potentially creditable hazardous waste pharmaceuticals to a reverse distributor.

(b) Off-site collection of hazardous waste pharmaceuticals generated by a healthcare facility that is a very small quantity generator. A healthcare facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste may send its hazardous waste pharmaceuticals off-site to another healthcare facility, provided: (1) The receiving healthcare facility meets the conditions in § 267.502(l) of this subpart and § 267.503(b), as applicable; or (2) The very small quantity generator healthcare facility meets the conditions in § 262.14(a)(5)(viii) and the receiving large quantity generator meets the conditions in § 262.17(f).

(c) Long-term care facilities that are very small quantity generators. A long-term care facility that is a very small quantity generator for both hazardous waste pharmaceuticals and non- pharmaceutical hazardous waste may dispose of its hazardous waste pharmaceuticals (excluding contaminated personal protective equipment or clean-up materials) in an on-site collection receptacle of an authorized collector (as defined by the Drug Enforcement Administration) that is registered with the Drug Enforcement Administration provided the contents are collected, stored, transported, destroyed and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances.

(d) Long-term care facilities with 20 beds or fewer. A long-term care facility with 20 beds or fewer is presumed to be a very small quantity generator subject to § 262.14 for both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste and not subject to this subpart, except for §§ 267.505 and 267.507 and the other optional provisions of this section. The Department has the responsibility to demonstrate that a long-term care facility with 20 beds or fewer generates quantities of hazardous waste that are in excess of the very small quantity generator limits as defined in § 260.10. A long-term care facility with more than 20 beds that operates as a very small quantity generator under § 262.14 must demonstrate that it generates quantities of hazardous waste that are within the very small quantity generator limits as defined by § 260.10.

§ 267.505 Prohibition of sewering hazardous waste pharmaceuticals. All healthcare facilities—including very small quantity generators operating under § 262.14 in lieu of this subpart—and reverse distributors are prohibited from discharging hazardous waste pharmaceuticals to a sewer system that passes through to a publicly-owned treatment works. Healthcare facilities and reverse distributors remain subject to the prohibitions in 40 CFR § 403.5(b)(1). 19 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division § 267.506 Conditional exemptions for hazardous waste pharmaceuticals that are also controlled substances and household waste pharmaceuticals collected in a take-back event or program.

(a) Conditional exemptions. Provided the conditions of paragraph (b) of this section are met, the following are exempt from Parts 262 through 273:

(1) Hazardous waste pharmaceuticals that are also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 CFR part 1308, and (2) Household waste pharmaceuticals that are collected in a take-back event or program, including those that are collected by an authorized collector (as defined by the Drug Enforcement Administration) registered with the Drug Enforcement Administration that commingles the household waste pharmaceuticals with controlled substances from an ultimate user (as defined by the Drug Enforcement Administration). (b) Conditions for exemption. The hazardous waste pharmaceuticals must be: (1) Managed in compliance with the sewer prohibition of § 267.505; and (2) Collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and (3) Destroyed by a method that Drug Enforcement Administration has publicly deemed in writing to meet their non-retrievable standard of destruction or combusted at one of the following:

(i) A permitted large municipal waste combustor, subject to 40 CFR part 62 subpart FFF or applicable state plan for existing large municipal waste combustors, or 40 CFR part 60 subparts Eb for new large municipal waste combustors; or (ii) A permitted small municipal waste combustor, subject to 40 CFR part 62 subpart JJJ or applicable state plan for existing small municipal waste combustors, or 40 CFR part 60 subparts AAAA for new small municipal waste combustors; or (iii) A permitted hospital, medical and infectious waste incinerator, subject to 40 CFR part 62 subpart HHH or applicable state plan for existing hospital, medical and infectious waste incinerators, or 40 CFR part 60 subpart Ec for new hospital, medical and infectious waste incinerators.

(iv) A permitted commercial and industrial solid waste incinerator, subject to 40 CFR part 62 subpart III or applicable state plan for existing commercial and industrial solid waste incinerators, or 40 CFR part 60 subpart CCCC for new commercial and industrial solid waste incinerators.

(v) A permitted hazardous waste combustor subject to 40 CFR part 63 subpart EEE. § 267.507 Residues of hazardous waste pharmaceuticals in empty containers. (a) Stock, dispensing and unit-dose containers. A stock bottle, dispensing bottle, vial, or ampule (not to exceed 1 liter or 10,000 pills); or a unit-dose container (e.g., a unit-dose packet, cup, wrapper, blister pack, or delivery device) is considered empty and the residues are not regulated as hazardous waste provided the pharmaceuticals have been removed from the stock bottle, dispensing bottle, vial, ampule, or the unit-dose container using the practices commonly employed to remove materials from that type of container. 20 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (b) Syringes. A syringe is considered empty and the residues are not regulated as hazardous waste under this subpart provided the contents have been removed by fully depressing the plunger of the syringe. If a syringe is not empty, the syringe must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under this subpart and any applicable federal, state, and local requirements for sharps containers and medical waste.

(c) Intravenous (IV) bags. An IV bag is considered empty and the residues are not regulated as hazardous waste provided the pharmaceuticals in the IV bag have been fully administered to a patient. If an IV bag is not empty, the IV bag must be placed with its remaining hazardous waste pharmaceuticals into a container that is managed and disposed of as a non-creditable hazardous waste pharmaceutical under this subpart, unless the IV bag held non-acute hazardous waste pharmaceuticals and is empty as defined in § 261.7(b)(1). (d) Other containers, including delivery devices. Hazardous waste pharmaceuticals remaining in all other types of unused, partially administered, or fully administered containers must be managed as non-creditable hazardous waste pharmaceuticals under this subpart, unless the container held non-acute hazardous waste pharmaceuticals and is empty as defined in § 261.7(b)(1) or (2). This includes, but is not limited to, residues in inhalers, aerosol cans, nebulizers, tubes of ointments, gels, or creams.

§ 267.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility or evaluated hazardous waste pharmaceuticals from a reverse distributor. (a) Shipping non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare facility must ship non-creditable hazardous waste pharmaceuticals and a reverse distributor must ship evaluated hazardous waste pharmaceuticals off-site to a designated facility (such as a permitted or interim status treatment, storage, or disposal facility) in compliance with:

(1) The following pre-transport requirements, before transporting or offering for transport off- site:

(i) Packaging. Package the waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR parts 173, 178, and 180.

(ii) Labeling. Label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR part 172 subpart E.

(iii) Marking. (A) Mark each package of hazardous waste pharmaceuticals in accordance with the applicable Department of Transportation (DOT) regulations on hazardous materials under 49 CFR part 172 subpart D; (B) Mark each container of 119 gallons or less used in such transportation with the following words and information in accordance with the requirements of 49 CFR 172.304:

HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Healthcare Facility's or Reverse distributor's Name and Address Healthcare Facility's or Reverse distributor's EPA Identification Number Manifest Tracking Number 21 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (C) Lab packs that will be incinerated in compliance with § 268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA Hazardous Waste Number(s).

(iv) Placarding. Placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR part 172 subpart F.

(2) The manifest requirements of Part 262 Subpart B, except that: (i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable hazardous waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 8700-22.

(ii) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals must write the word “PHARMS” in Item 13 of EPA Form 8700-22. (b) Exporting non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. A healthcare facility or reverse distributor that exports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR part 262 subpart H.

(c) Importing non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals. Any person that imports non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject to 40 CFR part 262 subpart H. A healthcare facility or reverse distributor may not accept imported non-creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals unless they have a permit or interim status that allows them to accept hazardous waste from off site. § 267.509 Shipping potentially creditable hazardous waste pharmaceuticals from a healthcare facility or a reverse distributor to a reverse distributor. (a) Shipping potentially creditable hazardous waste pharmaceuticals. A healthcare facility or a reverse distributor who transports or offers for transport potentially creditable hazardous waste pharmaceuticals off-site to a reverse distributor must comply with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because a potentially creditable hazardous waste pharmaceutical does not require a manifest, it is not considered hazardous waste under the Department of Transportation regulations. (b) Delivery confirmation. Upon receipt of each shipment of potentially creditable hazardous waste pharmaceuticals, the receiving reverse distributor must provide confirmation (paper or electronic) to the healthcare facility or reverse distributor that initiated the shipment that the shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its destination and is under the custody and control of the reverse distributor.

22 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (c) Procedures for when delivery confirmation is not received within 35 calendar days. If a healthcare facility or reverse distributor initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation within 35 calendar days from the date that the shipment of potentially creditable hazardous waste pharmaceuticals was sent, the healthcare facility or reverse distributor that initiated the shipment must contact the carrier and the intended recipient (i.e., the reverse distributor) promptly to report that the delivery confirmation was not received and to determine the status of the potentially creditable hazardous waste pharmaceuticals.

(d) Exporting potentially creditable hazardous waste pharmaceuticals. A healthcare facility or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a foreign destination must comply with the applicable sections of 40 CFR part 262 subpart H, except the manifesting requirement of § 262.83(c), in addition to paragraphs (a) through (c) of this section. (e) Importing potentially creditable hazardous waste pharmaceuticals. Any person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to paragraphs (a) through (c) of this section in lieu of 40 CFR part 262 subpart H. Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United States, they are subject to all applicable requirements of this subpart. § 267.510 Standards for the management of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals at reverse distributors. A reverse distributor may accept potentially creditable hazardous waste pharmaceuticals from off site and accumulate potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals on site without a hazardous waste permit or without having interim status, provided that it complies with the following conditions:

(a) Standards for reverse distributors managing potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals—(1) Notification. A reverse distributor must notify the Department, using the Site Identification Form (EPA Form 8700-12), that it is a reverse distributor operating under this subpart. (i) A reverse distributor that already has an EPA identification number must notify the Department, using the Site Identification Form (EPA Form 8700-12), that it is a reverse distributor, as defined in § 267.500, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart. (ii) A reverse distributor that does not have an EPA identification number must obtain one by notifying the Department, using the Site Identification Form (EPA Form 8700-12), that it is a reverse distributor, as defined in § 267.500, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(2) Inventory by the reverse distributor. A reverse distributor must maintain a current inventory of all the potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that are accumulated on site. (i) A reverse distributor must inventory each potentially creditable hazardous waste pharmaceutical within 30 calendar days of each waste arriving at the reverse distributor.

(ii) The inventory must include the identity (e.g., name or national drug code) and quantity of each potentially creditable hazardous waste pharmaceutical and evaluated hazardous waste pharmaceutical.

23 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (iii) If the reverse distributor already meets the inventory requirements of this paragraph because of other regulatory requirements, such as State Board of Pharmacy regulations, the facility is not required to provide a separate inventory pursuant to this section.

(3) Evaluation by a reverse distributor that is not a manufacturer. A reverse distributor that is not a pharmaceutical manufacturer must evaluate a potentially creditable hazardous waste pharmaceutical within 30 calendar days of the waste arriving at the reverse distributor to establish whether it is destined for another reverse distributor for further evaluation or verification of manufacturer credit or for a permitted or interim status treatment, storage, or disposal facility.

(i) A potentially creditable hazardous waste pharmaceutical that is destined for another reverse distributor is still considered a “potentially creditable hazardous waste pharmaceutical” and must be managed in accordance with paragraph (b) of this section.

(ii) A potentially creditable hazardous waste pharmaceutical that is destined for a permitted or interim status treatment, storage or disposal facility is considered an “evaluated hazardous waste pharmaceutical” and must be managed in accordance with paragraph (c) of this section.

(4) Evaluation by a reverse distributor that is a manufacturer. A reverse distributor that is a pharmaceutical manufacturer must evaluate a potentially creditable hazardous waste pharmaceutical to verify manufacturer credit within 30 calendar days of the waste arriving at the facility and following the evaluation must manage the evaluated hazardous waste pharmaceuticals in accordance with paragraph (c) of this section. (5) Maximum accumulation time for hazardous waste pharmaceuticals at a reverse distributor.

(i) A reverse distributor may accumulate potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals on site for 180 calendar days or less. The 180 days start after the potentially creditable hazardous waste pharmaceutical has been evaluated and applies to all hazardous waste pharmaceuticals accumulated on site, regardless of whether they are destined for another reverse distributor (i.e., potentially creditable hazardous waste pharmaceuticals) or a permitted or interim status treatment, storage, or disposal facility (i.e., evaluated hazardous waste pharmaceuticals). (ii) Aging pharmaceuticals. Unexpired pharmaceuticals that are otherwise creditable but are awaiting their expiration date (i.e., aging in a holding morgue) can be accumulated for up to 180 days after the expiration date, provided that the unexpired pharmaceuticals are managed in accordance with paragraph (a) of this section and the container labeling and management standards in 267.510(c)(4)(i) through (vi).

(6) Security at the reverse distributor facility. A reverse distributor must prevent unknowing entry and minimize the possibility for the unauthorized entry into the portion of the facility where potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals are kept.

(i) Examples of methods that may be used to prevent unknowing entry and minimize the possibility for unauthorized entry include, but are not limited to: 24 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (A) A 24-hour continuous monitoring surveillance system; (B) An artificial barrier such as a fence; or (C) A means to control entry, such as keycard access.

(ii) If the reverse distributor already meets the security requirements of this paragraph because of other regulatory requirements, such as Drug Enforcement Administration or State Board of Pharmacy regulations, the facility is not required to provide separate security measures pursuant to this section. (7) Contingency plan and emergency procedures at a reverse distributor. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off site must prepare a contingency plan and comply with the other requirements of Part 262 Subpart M.

(8) Closure of a reverse distributor. When closing an area where a reverse distributor accumulates potentially creditable hazardous waste pharmaceuticals or evaluated hazardous waste pharmaceuticals, the reverse distributor must comply with § 262.17(a)(8)(ii) and (iii).

(9) Reporting by a reverse distributor— (i) Unauthorized waste report. A reverse distributor must submit an unauthorized waste report if the reverse distributor receives waste from off site that it is not authorized to receive (e.g., non-pharmaceutical hazardous waste, regulated medical waste). The reverse distributor must prepare and submit an unauthorized waste report to the Department within 45 calendar days after the unauthorized waste arrives at the reverse distributor and must send a copy of the unauthorized waste report to the healthcare facility (or other entity) that sent the unauthorized waste. The reverse distributor must manage the unauthorized waste in accordance with all applicable regulations. The unauthorized waste report must be signed by the owner or operator of the reverse distributor, or its authorized representative, and contain the following information:

(A) The EPA identification number, name and address of the reverse distributor;

(B) The date the reverse distributor received the unauthorized waste; (C) The EPA identification number, name, and address of the healthcare facility that shipped the unauthorized waste, if available; (D) A description and the quantity of each unauthorized waste the reverse distributor received;

(E) The method of treatment, storage, or disposal for each unauthorized waste; and (F) A brief explanation of why the waste was unauthorized, if known. (ii) Additional reports. The Department may require reverse distributors to furnish additional reports concerning the quantities and disposition of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

25 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (10) Recordkeeping by reverse distributors. A reverse distributor must keep the following records (paper or electronic) readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Department.

(i) A copy of its notification on file for as long as the facility is subject to this subpart; (ii) A copy of the delivery confirmation and the shipping papers for each shipment of potentially creditable hazardous waste pharmaceuticals that it receives, and a copy of each unauthorized waste report, for at least three years from the date the shipment arrives at the reverse distributor;

(iii) A copy of its current inventory for as long as the facility is subject to this subpart. (b) Additional standards for reverse distributors managing potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements in paragraph (a) of this section, for the management of potentially creditable hazardous waste pharmaceuticals that are destined for another reverse distributor for further evaluation or verification of manufacturer credit:

(1) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from a healthcare facility must send those potentially creditable hazardous waste pharmaceuticals to another reverse distributor within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow paragraph (c) of this section for evaluated hazardous waste pharmaceuticals. (2) A reverse distributor that receives potentially creditable hazardous waste pharmaceuticals from another reverse distributor must send those potentially creditable hazardous waste pharmaceuticals to a reverse distributor that is a pharmaceutical manufacturer within 180 days after the potentially creditable hazardous waste pharmaceuticals have been evaluated or follow paragraph (c) of this section for evaluated hazardous waste pharmaceuticals.

(3) A reverse distributor must ship potentially creditable hazardous waste pharmaceuticals destined for another reverse distributor in accordance with § 267.509. (4) Recordkeeping by reverse distributors. A reverse distributor must keep the following records (paper or electronic) readily available upon request by an inspector for each shipment of potentially creditable hazardous waste pharmaceuticals that it initiates to another reverse distributor, for at least three years from the date of shipment. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the EPA Regional Administrator.

(i) The confirmation of delivery; and (ii) The DOT shipping papers prepared in accordance with 49 CFR part 172 subpart C, if applicable (c) Additional standards for reverse distributors managing evaluated hazardous waste pharmaceuticals. A reverse distributor that does not have a permit or interim status must comply with the following conditions, in addition to the requirements of paragraph (a) of this section, for the management of evaluated hazardous waste pharmaceuticals: 26 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (1) Accumulation area at the reverse distributor. A reverse distributor must designate an on-site accumulation area where it will accumulate evaluated hazardous waste pharmaceuticals.

(2) Inspections of on-site accumulation area. A reverse distributor must inspect its on-site accumulation area at least once every seven days, looking at containers for leaks and for deterioration caused by corrosion or other factors, as well as for signs of diversion. (3) Personnel training at a reverse distributor. Personnel at a reverse distributor that handle evaluated hazardous waste pharmaceuticals are subject to the training requirements of § 262.17(a)(7).

(4) Labeling and management of containers at on-site accumulation areas. A reverse distributor accumulating evaluated hazardous waste pharmaceuticals in containers in an on-site accumulation area must:

(i) Label the containers with the words, “hazardous waste pharmaceuticals”; (ii) Ensure the containers are in good condition and managed to prevent leaks; (iii) Use containers that are made of or lined with materials which will not react with, and are otherwise compatible with, the evaluated hazardous waste pharmaceuticals, so that the ability of the container to contain the waste is not impaired;

(iv) Keep containers closed, if holding liquid or gel evaluated hazardous waste pharmaceuticals. If the liquid or gel evaluated hazardous waste pharmaceuticals are in their original, intact, sealed packaging; or repackaged, intact, sealed packaging, they are considered to meet the closed container standard; (v) Manage any container of ignitable or reactive evaluated hazardous waste pharmaceuticals, or any container of commingled incompatible evaluated hazardous waste pharmaceuticals so that the container does not have the potential to:

(A) Generate extreme heat or pressure, fire or explosion, or violent reaction; (B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(D) Damage the structural integrity of the container of hazardous waste pharmaceuticals; or (E) Through other like means threaten human health or the environment; and (vi) Accumulate evaluated hazardous waste pharmaceuticals that are prohibited from being combusted because of the dilution prohibition of § 268.3(c) (e.g., arsenic trioxide (P012)) in separate containers from other evaluated hazardous waste pharmaceuticals at the reverse distributor.

27 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (5) Hazardous waste numbers. Prior to shipping evaluated hazardous waste pharmaceuticals off site, all containers must be marked with the applicable hazardous waste numbers (i.e., hazardous waste codes). A nationally recognized electronic system, such as bar coding or radio frequency identification, may be used to identify the EPA Hazardous Waste Number(s).

(6) Shipments. A reverse distributor must ship evaluated hazardous waste pharmaceuticals that are destined for a permitted or interim status treatment, storage or disposal facility in accordance with the applicable shipping standards in § 267.508(a) or (b). (7) Procedures for a reverse distributor for managing rejected shipments. A reverse distributor that sends a shipment of evaluated hazardous waste pharmaceuticals to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment back as a rejected load in accordance with the manifest discrepancy provisions of § 264.72 or § 265.72 of these regulations, may accumulate the returned evaluated hazardous waste pharmaceuticals on site for up to an additional 90 days in the on-site accumulation area provided the rejected or returned shipment is managed in accordance with § 267.510(a) and (c). Upon receipt of the returned shipment, the reverse distributor must: (i) Sign either:

(A) Item 18c of the original manifest, if the original manifest was used for the returned shipment; or (B) Item 20 of the new manifest, if a new manifest was used for the returned shipment;

(ii) Provide the transporter a copy of the manifest;

(iii) Within 30 days of receipt of the rejected shipment of the evaluated hazardous waste pharmaceuticals, send a copy of the manifest to the designated facility that returned the shipment to the reverse distributor; and (iv) Within 90 days of receipt of the rejected shipment, transport or offer for transport the returned shipment of evaluated hazardous waste pharmaceuticals in accordance with the applicable shipping standards of § 267.508(a) or (b). (8) Land disposal restrictions. Evaluated hazardous waste pharmaceuticals are subject to the land disposal restrictions of Part 268. A reverse distributor that accepts potentially creditable hazardous waste pharmaceuticals from off site must comply with the land disposal restrictions in accordance with § 268.7(a) requirements. (9) Reporting by a reverse distributor for evaluated hazardous waste pharmaceuticals— (i) Biennial reporting by a reverse distributor. A reverse distributor that ships evaluated hazardous waste pharmaceuticals off-site must prepare and submit a single copy of a biennial report to the Department by March 1 of each even numbered year in accordance with § 262.41.

(ii) Exception reporting by a reverse distributor for a missing copy of the manifest.

28 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (A) For shipments from a reverse distributor to a designated facility. (1) If a reverse distributor does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter, the reverse distributor must contact the transporter or the owner or operator of the designated facility to determine the status of the evaluated hazardous waste pharmaceuticals. (2) A reverse distributor must submit an exception report to the Department if it has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter. The exception report must include:

(i) A legible copy of the manifest for which the reverse distributor does not have confirmation of delivery; and (ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

(B) For shipments rejected by the designated facility and shipped to an alternate facility. (1) A reverse distributor that does not receive a copy of the manifest with the signature of the owner or operator of the alternate facility within 35 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter must contact the transporter or the owner or operator of the alternate facility to determine the status of the hazardous waste. The 35-day time frame begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility. (2) A reverse distributor must submit an Exception Report to the Department if it has not received a copy of the manifest with the signature of the owner or operator of the alternate facility within 45 days of the date the evaluated hazardous waste pharmaceuticals were accepted by the initial transporter. The 45- day timeframe begins the date the evaluated hazardous waste pharmaceuticals are accepted by the transporter forwarding the hazardous waste pharmaceutical shipment from the designated facility to the alternate facility. The Exception Report must include:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery; and (ii) A cover letter signed by the reverse distributor, or its authorized representative, explaining the efforts taken to locate the evaluated hazardous waste pharmaceuticals and the results of those efforts.

29 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (10) Recordkeeping by a reverse distributor for evaluated hazardous waste pharmaceuticals.

(i) A reverse distributor must keep a log (written or electronic) of the inspections of the on-site accumulation area, required by paragraph (c)(2) of this section. This log must be retained as a record for at least three years from the date of the inspection.

(ii) A reverse distributor must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until it receives a signed copy from the designated facility that received the evaluated hazardous waste pharmaceutical. This signed copy must be retained as a record for at least three years from the date the evaluated hazardous waste pharmaceutical was accepted by the initial transporter.

(iii) A reverse distributor must keep a copy of each biennial report for at least three years from the due date of the report.

(iv) A reverse distributor must keep a copy of each exception report for at least three years from the submission of the report.

(v) A reverse distributor must keep records to document personnel training, in accordance with § 262.17(a)(7)(iv).

(vi) All records must be readily available upon request by an inspector. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Department.

(d) When a reverse distributor must have a permit. A reverse distributor is an operator of a hazardous waste treatment, storage, or disposal facility and is subject to the requirements of Parts 264, 265, and 267 and the permit requirements of Part 100, if the reverse distributor: (1) Does not meet the conditions of this section;

(2) Accepts manifested hazardous waste from off site; or (3) Treats or disposes of hazardous waste pharmaceuticals on site. Subpart Q – Class B Firefighting Foam Containing PFAS § 267.600 Reserved.

§ 267.601 Definitions In addition to the definitions in § 260.10, the following definitions apply to this subpart: Capture means contained or otherwise controlled to prevent release of spent Class B firefighting foam containing PFAS to the environment, and to facilitate off-site disposal. Class B firefighting foam containing intentionally added PFAS means foam designed for flammable liquid fires, e.g. Aqueous Film Forming Foam (AFFF) which contains intentionally added perfluoroalkyl and polyfluoroalkyl substances. These materials are referred to throughout this subpart as “PFAS AFFF”. 30 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division Emergency means an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action and that constitutes a threat to life or health, or that may cause major damage to property or the environment.

Facility, as used in the Subpart, means any non-residential place of business. Finished PFAS AFFF means a mixture of class B firefighting foam containing intentionally added PFAS concentrate and water which has been aerated through a dispensing system. Fire Department means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, a metropolitan district or county improvement district that provides fire protection, or a volunteer fire department.

Firefighting foam fire systems means a system designed to provide protection from fire, or for the suppression of fire, through the use of firefighting foam. Initial response means the final extinguishment of a Class B fire and/or vapor release, and the termination of associated PFAS AFFF usage.

Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. Perfluoroalkyl and polyfluoroalkyl substances take-back program means the program created by 25- 5-1311, C.R.S.

Person means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

Public-use airport means a public airport; or a privately-owned airport to be used for public purposes that is a reliever airport; or determined by the U.S. Secretary of Transportation to have at least 2,500 passenger boardings each year and to receive scheduled passenger aircraft service per 49 USC § 47102(22) (2023).

Release means any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a chemical into the environment other than its intended use. Spent PFAS AFFF means: a) finished PFAS AFFF, b) PFAS AFFF concentrate which has been taken out of service through participation in the perfluoroalkyl and polyfluoroalkyl substances take-back program, and c) PFAS AFFF concentrate created as a result of leaking containers, spills, or other releases.

Uses or stores means actual and intentional ownership and control of Class B firefighting foam containing intentionally added PFAS.

Water quality spills hotline means the Colorado Emergency Planning Committee 24-Hour Emergency and Incident Reporting Line, reached by calling 1-877-518-5608 or filling out this form: https://cdphe.redcap.state.co.us/surveys/?s=HXEXXXDC8T. § 267.605 Applicability of Requirements (a) All Persons who store or use one or more gallons of PFAS AFFF are subject to: 31 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (1) The requirements of section 267.610 of these regulations for the registration and certificate program;

(2) The use prohibitions of section 267.606;

(3) The additional reporting requirements of section 267.611; (4) The capture requirements of section 267.615; and (5) The storage requirements of section 267.620.

(b) Persons who use PFAS AFFF in firefighting foam fire systems and convert to firefighting foam fire systems that do not use PFAS AFFF are subject to sections 267.615 and 267.620 of these regulations for the capture, containment, and storage of spent PFAS AFFF and wastewater created during conversion activities. Following such conversion activities, any subsequent use of the firefighting foam fire system shall not be subject to the requirements of sections 267.615 and 267.620, unless PFAS AFFF is intentionally reintroduced into the firefighting foam fire system. § 267.606 Use prohibitions.

(a) No persons or fire department may discharge or otherwise use for training purposes or for testing firefighting foam fire systems which employ PFAS AFFF.

(b) The use of PFAS AFFF is prohibited at all Colorado public-use airport structures used for the storage or maintenance of aircraft.

§ 267.610 Registration and certificate program (a) Persons who store and/or use PFAS AFFF must register and obtain a certificate of registration within six months after they first obtain PFAS AFFF.

(b) Registration must be completed on-line through the Department’s Class B firefighting foam web- site at https://cdphe.colorado.gov/pfcs/pfas-colorado-laws. Persons may modify their registration information at any time by accessing the Department’s Class B firefighting foam web-site. (c) The Department will review each registration application, and if it determines the application is complete, will use its best efforts to approve the application within 15 business days of receipt by issuing an electronic certificate to the registrant. If the application is not complete, the Department will use its best efforts to notify the registrant and identify any additional information that is needed to complete the application within 15 business days of receipt. § 267.611 Additional reporting.

(a) Persons who store or use one or more gallons of PFAS AFFF and who receive a self-certification checklist from the Department shall complete and return the checklist within the time specified in the instructions provided by the Department.

(1) The Department shall provide persons who store or use one or more gallons of PFAS AFFF a minimum of 14 days from the date of receipt to return the checklist. A checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return a checklist upon request. 32 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (2) Persons who use PFAS AFFF and are required or authorized to do so under federal law, including 14 CFR § 139, or are otherwise required to do so for a military purpose shall only be required to certify their exemption from the requirements described in the self certification checklist.

(3) The self-certification checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the facility: “I, the undersigned facility representative, certify that: i. I have personally examined and am familiar with the information contained in this submittal;

ii. the information contained in this submittal is to the best of my knowledge true, accurate, and complete in all respects;

iii. I am fully authorized to make this certification on behalf of this facility; and iv. I am aware that there are significant penalties including, but not limited to, possible fines and imprisonment for willfully submitting false, inaccurate, or incomplete information.”

(4) The completed and certified checklist must be maintained and made readily available for inspection by persons who store or use one or more gallons of PFAS AFFF for three years following the date the checklist was certified.

(b) The use or release of PFAS AFFF must be reported to the water quality spills hotline within twenty-four hours after its use or release.

(1) Except as provided by subsection (e) of this Section, the requirements described in subsections (b) through (d) of this Section do not apply to persons who use PFAS AFFF and are required or authorized to do so under federal law, including 14 CFR 139, or otherwise required for a military purpose.

(c) In accordance with paragraph (b) of this section, the following information must be reported to the water quality spills hotline within twenty-four hours of the use or release of PFAS AFFF and must be maintained and made readily available for inspection for three years following the date the information was reported:

(1) A description of the event which resulted in the use or release of PFAS AFFF; (2) The trade name and product name of the PFAS AFFF;

(3) The amount and type of PFAS chemicals in the PFAS AFFF; and (4) The quantity of PFAS AFFF or any associated firewater, wastewater, runoff, and other waste that is used or released.

(d) Users of PFAS AFFF must document any measures undertaken pursuant to the requirements of this section. In investigating compliance with the requirements of this section, the attorney general may request that the user provide the documentation created pursuant to the requirements of this subsection to the attorney general. 33 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (e) If the Director, through the Solid and Hazardous Waste Commission, determines by rule that the laws or requirements described in subsection (b)(1) of this Section no longer apply to a particular industry or sector, the Director shall provide notice on the department’s website of this determination and shall promulgate rules, through the Solid and Hazardous Waste Commission, prohibiting users of PFAS AFFF within that industry or sector from using PFAS AFFF in violation of this section, which rules shall apply no sooner than two years after the Director’s determination.

§ 267.615 Capture requirements.

(a) Pursuant to § 267.606, no persons or fire department may discharge or otherwise use for training purposes or for testing firefighting foam fire systems which employ PFAS AFFF. PFAS AFFF users must fully contain finished PFAS AFFF by implementing appropriate containment measures during use, which may include bunds, ponds, or an equivalent means of providing containment, unless:

(1) The persons who discharge or otherwise use PFAS AFFF are required or authorized to do so under federal law, including 14 CFR 139, or otherwise required for a military purpose.

(b) Pursuant to subsection (a) of this Section, containment measures meeting the following specifications shall be implemented to capture finished PFAS AFFF discharged during use: (1) Containment measures must be under the control of the user of PFAS AFFF; (2) Containment measures must be impervious to PFAS chemicals to prevent the lateral escape of finished foam from the containment measures, and may absorb PFAS chemicals to help prevent such escape. Containment measures may include: i. Bunds, dikes, berms or culverting sufficient to contain finished PFAS AFFF; ii. Spill diversion or retention ponds;

iii. Weirs, booms, or other barriers;

iv. Sorbent materials; or v. Any equivalent means of implementing containment measures which are impervious to PFAS to prevent the lateral escape of the finished foam from the containment measures; and (3) Containment measures must not allow the finished PFAS AFFF, or any associated firewater, wastewater, runoff, or other waste to be released. (c) Containment measures used to capture finished PFAS AFFF cannot be used for long term storage of the finished PFAS AFFF. Following the initial response to an emergency, the captured finished PFAS AFFF must be removed from containment measures and placed in storage containers to the extent possible, but within 48 hours of use. Containers used to store the captured finished PFAS AFFF must be managed in accordance with the safe storage requirements of § 267.620.

34 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division (1) Users of PFAS AFFF may request an extension of time for compliance with the requirements of subsection (c) of this subsection by applying to the Department in writing for such an extension. Any such request shall specify why such extension is necessary and what containment measures will be employed to prevent releases of finished PFAS AFFF into the environment until compliance with subsection (c) of this subsection can be achieved.

§ 267.620 Spent PFAS AFFF storage.

(a) Persons who store spent PFAS AFFF must safely store such material and any associated firewater, wastewater, runoff, and other waste in a way which prevents their release until further revisions to these regulations are issued.

(1) The requirements described in subsections (b)(2) through (b)(6) of this Section do not apply to persons who store spent PFAS AFFF taken out of service through participation in the perfluoroalkyl and polyfluoroalkyl substances take-back program in its original factory-sealed container, so long as the container is managed in accordance with subsection (b)(1) of this Section.

(2) The requirements described in this Section do not apply to persons who store or use PFAS AFFF and are required or authorized to do so under federal law, including 14 CFR 139, or otherwise required for a military purpose.

(b) Containers used to store spent PFAS AFFF must be:

(1) Made of materials that will not react with, and are otherwise compatible with the spent PFAS AFFF to be accumulated, so that the ability of the container to contain the spent PFAS AFFF is not impaired.

i. If a container holding spent PFAS AFFF is not in good condition, or if it begins to leak, persons who store the spent PFAS AFFF must immediately transfer the spent PFAS AFFF from this container to a container that is in good condition and does not leak.

(2) Labelled with content and accumulation start date;

(3) Kept closed except when adding or removing spent PFAS AFFF; (4) Arranged in a stable configuration to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility operation in an emergency, and to allow for inspection of containers. i. Containers which have a volume of 20 gallons or less may be stacked in an alternate stable arrangement, up to three high and three wide, not to exceed six feet.

(5) Stored on a flat surface that is bermed or otherwise designed to prevent run-on or run-off of precipitation; and (6) Stored in a manner that provides secondary containment that is either: i. a concrete pad(s) free of cracks and gaps and otherwise constructed to prevent releases to the environment in the event of a spill or leak; or 35 CODE OF COLORADO REGULATIONS 6 CCR 1007-3 Part 267 Hazardous Materials and Waste Management Division ii. a liner that has sufficient strength and thickness, and that is otherwise constructed to prevent releases to the environment in the event of a spill or leak; or iii. an equivalent means of providing secondary containment. (7) At least weekly, the owner or operator must inspect areas where containers are stored. The owner or operator must look for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. i. Problems identified during the inspection shall be remedied within 24 hours of identifying; and ii. The date and time and content of the inspections must be documented and recorded, and retained at the facility for 3 years of the date of storage. § 267.630 Reserved.

_________________________________________________________________________ Editor’s Notes 6 CCR 1007-3 has been divided into smaller sections for ease of use. Versions prior to 4/30/2004 and rule history are located in the first section, 6 CCR 1007-3. Prior versions can be accessed from the All Versions list on the rule’s current version page. To view versions effective after 4/30/2004, select the desired part of the rule, for example 6 CCR 1007-3 Part 260, or 6 CCR 1007-3 Part 8. History [For history of this section, see Editor’s Notes in the first section, 6 CCR 1007-3] 36