Proposed rulemakings
Proposed producer responsibility primary regulations
The Solid Waste and Materials Management Program is proposing changes to Sections 1 and 18 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 Part 1.
The Producer Responsibility Program for Statewide Recycling Act was signed into law in June of 2022. We are required to annually adjust by rule the dollar limitation for realized gross total revenue of producers that are exempt from the requirements of the producer responsibility program under 25-17-7 C.R.S. These adjustments are based on the U.S. bureau of labor statistics local consumer price index. We are also required to establish rules for the administration, operation, and enforcement of the program.
Section 18 Producer Responsibility Regulations
Statement of Basis and Purpose Sections 1.8 and 18
Rulemaking Section 18 and 1.8 Third Draft Presentation 4.2.24
Please visit the Solid and Hazardous Waste Commission webpage for additional Producer Responsibility information.
More information about the Producer Responsibility Program
Proposed per ton end user rebate
The Waste Tire Program of the Solid Waste and Materials Management Program is proposing changes to the Colorado solid waste regulations Part 1, Section 10.12.5 ("Waste Tire End Users Fund Rebate Amount"). The department is required per statute (30-20-1401, C.R.S.) to evaluate the per ton rates annually. Changes to these rates will affect registered end users of tire derived products or waste tires.
We held a virtual stakeholder meeting on August 28, 2024 to discuss the proposed rate changes and gather stakeholder input.
Below is the proposed per ton rate changes (Section 10.12.5), the Statement of Basis & Purpose, and the stakeholder meeting presentation.
Correction: During the stakeholder meeting, CDPHE communicated that the end user rebates would end on June 30, 2025, with the newly established Waste Tire Enterprise Board taking over the process beginning in 2026. After further review of the new waste tire legislation (Senate Bill 24-123), CDPHE and the Attorney General's Office determined that the rebates would be managed by the department through the end of 2025. This does not change the proposed per ton rates for 2025.
For questions about the proposed changes, please contact Lynette Myers, Waste Tire Budget Analyst, at lynette.myers@state.co.us or 303.692.2186.
To submit further comments, please sent an email to:
cdphe.hmwastetires@state.co.us
Subject line: Waste tire end user per ton rate changes comments
- Proposed Section 10.12.5 regulation changes.
- Section 10 Statement of Basis & Purpose.
- Stakeholder Meeting #1 Presentation (August 28, 2024).
Proposed composting regulation rulemaking change
The Solid Waste Program is proposing changes to Section 14 of the Colorado solid waste regulations. These changes will address some of the permitting issues for compost facilities identified in the Organics Management Plan, specifically:
- Increase the volume of Type 2 material that Conditionally Exempt Small Quantity Composting Operations can manage.
- Create increased opportunities for composting source separated organics and food residuals under the Class I designation.
We held a virtual stakeholder meeting on Monday, September 25, 2023 from 1:00-2:30 pm.
We will present an overview of the proposed changes to the Solid and Hazardous Waste Commission during the November 21, 2023 commission meeting. A formal rulemaking hearing will take place in February, 2024. Please visit the Solid and Hazardous Waste Commission webpage for upcoming rulemaking meetings.
For questions about the proposed changes to the composting regulations, please contact Jace Driver at jace.driver@state.co.us or 303.691.4059.
Proposed Section 14