250-RICR-140-10-1
250-RICR-140-10-1. Rules and Regulations for Hazardous Waste Management (version Periodic Refile, 12/31/2001 to 01/01/2003)
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
RULES AND REGULATIONS FOR
HAZARDOUS WASTE MANAGEMENT
Filed October 24, 2001
Effective November 13, 2001
Short Title: “Hazardous Waste Regulations”
Regulation #DEM OWM-HW09-01
AUTHORITY: These Rules and Regulations are adopted pursuant to the requirements and
provisions of Chapters 23-19.1 and 23-19.4, in accordance with the provisions of Chapter 42-35 of
the Rhode Island General Laws of 1956, as amended.
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RULES AND REGULATIONS FOR
HAZARDOUS WASTE MANAGEMENT
TABLE OF CONTENTS
1.00
FINDINGS AND POLICY............................................................................................... 3
2.00
ORGANIZATION AND METHOD OF OPERATIONS.............................................. 4
3.00
DEFINITIONS.................................................................................................................. 5
4.00
VARIANCES................................................................................................................... 21
5.00
GENERATORS............................................................................................................... 22
6.00
TRANSPORTERS .......................................................................................................... 29
7.00
ISSUANCE, RENEWAL AND CONDITIONS OF FACILITY PERMITS............. 40
8.00
GENERAL REQUIREMENTS FOR ALL FACILITIES .......................................... 48
9.00
OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE AND
DISPOSAL FACILITIES .............................................................................................. 54
10.00 LAND DISPOSAL FACILITIES .................................................................................. 57
11.00 INCINERATOR FACILITIES...................................................................................... 60
12.00 MISCELLANEOUS UNITS .......................................................................................... 60
13.00 UNIVERSAL WASTE.................................................................................................... 61
14.00 APPEALS AND PENALTIES....................................................................................... 69
APPENDIX 1 - ACUTE ORAL LD50 (RATS).......................................................................... 71
APPENDIX II - OSHA INDUSTRIAL CHEMICALS WITH SERIOUS CUMULATIVE
EFFECTS..................................................................................................................................... 72
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
RULES AND REGULATIONS FOR HAZARDOUS WASTE MANAGEMENT
1.00
FINDINGS AND POLICY
1.01
Purpose: These regulations are intended to minimize environmental hazards associated with
the generation, transportation, treatment, storage and disposal of hazardous wastes, the
transportation of septage waste, and the operation of hazardous waste treatment, storage and
disposal facilities. They are also designed to promote planning and implementation of
hazardous waste treatment, storage and disposal facilities where necessary and desirable.
1.02
Authority: Under the authority of the 1956 Rhode Island General Laws, Chapters 23-19.1
and 23-19.4 (1996 Reenactment) and particularly Sections 23-19.1-6, 23-19.1-7, 23-19.1-10,
and 23-19.4-1 through 23-19.4-3 of that Law, the following rules and regulations are
promulgated to administer this chapter, as amended, for the generation, transportation,
treatment, storage and disposal of hazardous waste and the transportation and disposal of
septage waste, and shall supersede all previous rules and regulations.
1.03
Administrative Findings: The declaration of intent and public policy enumerated by the
Legislature in Chapters 23-19.l and 23-19.4, (1996 Reenactment), as amended, are hereby
adopted as the administrative findings and policy upon which these rules and regulations are
based.
1.04
Application: The terms and provisions of these Rules and Regulations shall be liberally
construed to permit the Department to effectuate the purposes of state law, goals, and
policies.
1.05
Functions: The primary functions of the Department are the regulation of hazardous wastes
and the granting, denial, suspension or revocation of permits for the operation of hazardous
waste management facilities and the granting, denial, suspension, revocation or approval of
the plans and specifications for the installation of any equipment in such facilities. These
functions also include the permitting of hazardous waste and septage waste transporters.
1.06
Severability: If any provision of these Rules and Regulations, or the application thereof to
any person or circumstances, is held invalid by a court of competent jurisdiction, the validity
of the remainder of the Rules and Regulations shall not be affected thereby.
1.07
Superseded Rules and Regulations: On the effective date of these Rules and Regulations,
all previous Rules and Regulations shall be superseded. However, any enforcement action
shall be governed by the Rules and Regulations in effect at the time the alleged violations
occurred.
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2.00
ORGANIZATION AND METHOD OF OPERATIONS
2.01
Organization: Section 23-19.1-10 (1996 Reenactment) of the 1956 R.I.G.L., as amended,
established the Department of Environmental Management as the permitting agency for
hazardous waste management facilities. Section 23-19.1-6 grants the Director the authority
to establish rules and regulations to ensure proper, adequate and sound hazardous waste
management. Section 23-19.4-1 establishes the Department of Environmental Management
as the permitting agency for septage waste transporters.
2.02
Adoption by Reference:
A. All references to particular numbered section(s) or portion(s) of such numbered
section(s) of 40 CFR or 49 CFR means that such numbered section(s) or portion(s) of
such section(s) of 40 CFR and 49 CFR is or are incorporated by reference, including any
cross-references to additional applicable regulations, notes, appendices, and diagrams,
except where additions, modifications, or exceptions are specifically stated.
B.
40 CFR parts 260 through 273 are incorporated by reference in their entirety, except as
otherwise noted in these Rules and Regulations. Any term used within these Rules and
Regulations not specifically defined within Rule 3.00 shall be defined as in the Federal
regulations. Federal statutes and regulations that are cited in 40 CFR 260 through 273,
that are not adopted by reference shall be used as guidance in interpreting the Federal
regulations in 40 CFR Parts 260 through 273.
C.
The following provisions are incorporated by reference with the following
modifications:
1.
In 40 CFR 261.4(e)(3)(iii), delete "in the Region where the sample is collected".
2.
In 40 CFR 262.42(a)(2), delete "for the Region in which the generator is located".
3.
40 CFR 268.9(d) is incorporated by reference, except that wherever "EPA region
or authorized State" appears, replace it with "EPA region one or State of Rhode
Island".
D. 40 CFR part 260 is incorporated by reference in its entirety except as provided below
and elsewhere in these regulations:
1. 40 CFR 260.1(a) -- delete “265” and replace with “266”
2. 40 CFR 260.2(a) – delete “265” and replace with “266”
3. 40 CFR 260.3 – delete “265” and replace with “266”
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E.
40 CFR Part 262 is incorporated by reference in its entirety except as provided below
and elsewhere in these regulations:
1.
The small quantity generator provisions of 40 CFR 262.20(e), 40 CFR 262.42(b),
and 40 CFR 262.44 do not apply, except for provisions of Rule 5.02(B) and (C) or
as provided in Rules 5.05 and 5.06.
2.03
Permit Conditions: All permits, except transporter permits, must incorporate restrictions
which are equivalent to 40 CFR Parts 264 (excluding 264.301(l) and Appendix VI to Part
264), 270.30, 270.31, 270.32 and 270.33.
3.00
DEFINITIONS
3.01
Active portion shall mean any portion of a hazardous waste management facility which is
being used or has been used in the past to unload, treat, store or dispose of hazardous waste,
but does not include the closed portion.
3.02
Acutely hazardous waste shall mean materials identified in 40 CFR 261.33 (e) and wastes
identified in 40 CFR 261.30(d) and in 40 CFR 261.11(a)(2).
3.03
“Administrator” or “Regional Administrator” (or "Assistant Administrator" or "Assistant
Administrator for Solid Waste and Emergency Response" or "EPA Administrator" or "State
Director") as used in the portions of the Code of Federal Regulations which are incorporated
by reference, shall mean the Director of the Department of Environmental Management, or
his/her designee, except as follows:
A. Use of the word "Administrator" or "Regional Administrator" (or "Assistant
Administrator" or "Assistant Administrator for Solid Waste and Emergency
Response" or "EPA Administrator") in any section of the Code of Federal
Regulations that can not be delegated from EPA to any state, including Rhode
Island and which include the following 40 CFR sections: 262, Subpart E and 263,
Subpart B regarding exports of hazardous waste; 268.5, 268.6, and 268.42(b)
regarding land disposal restrictions.
B.
References to the Administrator or to the Regional Administrator, appearing
therein, shall be interpreted as referring to the Director, except for such references
in 40 CFR 260.10 other than its use in the definition of a boiler, in 40 CFR
260.20(b) and 260.22, in 40 CFR 261.4(f)(1), in 40 CFR 261.10 and 261.11, in 40
CFR 262, Subpart E and Subpart H, in 40 CFR 264.12(a), in 40 CFR 265.12(a), in
40 CFR 268.5, in 40 CFR 268.13, in 40 CFR 268.40, in 40 CFR 268.42(b), in 40
CFR 270.2, in 40 CFR 270.5, in 40 CFR 270.10(e)(2) and (e)(3), in 40 CFR
270.10(f)(2), in 40 CFR 270.10(g)(1)(i) and (iii), in 40 CFR 270.10(f)(3), in 40
CFR 270.11(a)(3), in 40 CFR 270.14(b)(20), in 40 CFR 270.32(b)(2), in 40 CFR
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271.5, and in any other section of 40 CFR not adopted by reference or not delegable
to the State of Rhode Island.
C.
In A and B above, where "Administrator" or "Regional Administrator" do not mean
the Director of the Department of Environmental Management, or his/her designee,
“Administrator” shall mean the Administrator of the Environmental Protection
Agency, or his/her designee, and “Regional Administrator” shall mean the Regional
Administrator for the EPA region in which the facility is located, or his/her
designee.
3.04
Asbestos shall mean actinolite, amosite, anthophylite, chrysotile, crocidolite and tremolite.
3.05
Base flood shall mean a flood that has a 1% or greater chance of recurring in any year. The
100 year flood plain means any land that is subject to flooding as the result of a base flood.
3.06
Battery shall mean a device consisting of one or more electrically connected electrochemical
cells, which is designed to receive, store, and deliver electric energy. An electrochemical cell
is a system consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery from which the electrolyte
has been removed.
3.07
Boiler shall mean that term as defined in 40 CFR 260.10. However, variances from this
definition may be granted by the Director in accordance with the provisions of Rule 4.02 of
these regulations, the provisions of 40 CFR 260.32 and the procedures of 40 CFR 260.33.
3.08
Cathode Ray Tube (CRT) shall mean an electron tube or evacuated glass container, having
a cathode or negative electrode at one end, and a device typically called an electron gun that
projects a beam of electrons against a luminescent screen at the opposite end of the tube. A
bright spot of light appears wherever the electrons strike the screen. Cathode ray tubes, or
CRTs, are used as picture tubes in television receivers, visual display screens in radar-
receiving equipment, computer installations, and oscilloscopes.
3.09
Closed portion shall mean that portion of a facility which an owner or operator has closed
in accordance with the approved facility closure plan and all applicable closure
requirements.
3.10
Closure plan shall mean the plan prepared for closure in accordance with these rules and
regulations.
3.11
Coastal high hazard area shall mean the area subject to high velocity waters, including, but
not limited to, hurricane wave wash or tsunamis as designated on Flood Insurance Rate
Maps (FIRM) as Zone VI-30.
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3.12
Community water system shall mean a system for the provision to the public of piped water
for human consumption which serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
3.13
Consignee shall mean a person or agent to whom something is sent.
3.14
Container shall mean any portable device in which a material is stored, transported, treated,
disposed of or otherwise handled.
3.15
Contingency plan shall mean a document setting out an organized, planned and coordinated
course of action to be followed in case of a fire, explosion or release of hazardous waste or
hazardous waste constituents which would threaten human health or the environment.
3.16
Critical habitat shall mean that area for an endangered species as defined in the Endangered
Species Act, 16 U.S.C. 1532.
3.17
Department shall mean the Department of Environmental Management.
3.18
Designated facility shall mean a hazardous waste treatment, storage or disposal facility
which has received an EPA permit (or a facility with interim status) in accordance with 40
CFR Parts 270 and 124, a permit from a State authorized in accordance with 40 CFR Part
271, or that is regulated under 40 CFR 261.6 (c) (2) or 40 CFR 266 Subpart F and that has
been designated on the manifest by the generator pursuant to Rule 5.03 (J) of these
regulations.
3.19
Destination facility shall mean a facility that treats, disposes of, or conducts on-site recycling
of a particular category of universal waste, except those management activities described in
40 CFR 273.13(a) and (c) and 40 CFR 273.33(a) and (c). A facility at which a particular
category of universal waste is only accumulated, is not a destination facility for purposes of
managing that category of universal waste.
3.20
Director shall mean the Director of the Department of Environmental Management, or
his/her designee.
3.21
Direct recharge area shall mean any area in which precipitation percolates to the water table
and flows through subsurface materials to a specified area of discharge. The specified area
of discharge may be a reach of a stream, a spring, a well or a well field.
3.22
Discharge shall mean the accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying or dumping of hazardous waste into or on any land or water.
3.23
Disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, abandoning
or placing of any hazardous waste in, on, into or onto any land, other surface, or building,
or into any water, stormwater system or sewer system.
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3.24
Electric lamp shall mean the bulb or tube portion of a lighting device specifically designed
to produce radiant energy, most often in the ultraviolet (UV), visible, and infrared (IR)
regions of the electromagnetic spectrum. Examples of common electric lamps include, but
are not limited to incandescent, fluorescent, high intensity discharge, and neon lamps.
3.25
Endangerment shall mean the introduction of a substance into groundwater so as to cause
the maximum allowable contaminant levels established in the National Primary Drinking
Water Standards or the standards contained in the Public Drinking Water Regulations of the
Rhode Island Department of Health to be exceeded in the groundwater; or require additional
treatment of the groundwater in order not to exceed the maximum contaminant levels
established in any promulgated National Primary Drinking Water Standard or the standards
contained in the Public Drinking Water Regulations of the Rhode Island Department of
Health.
3.26
“EPA” ( or "United States Environmental Protection Agency" or "U.S. Environmental
Protection Agency" or "Agency") as used in the portions of the Code of Federal Regulations
which are incorporated by reference, shall mean the “Department’ or the “Department of
Environmental Management, except as follows:
A. References to "EPA Identification numbers", "EPA hazardous waste numbers",
"EPA test methods", "EPA publications", "EPA form(s)", "EPA Guidance", or
"EPA Acknowledgement of Consent".
B.
Use of "EPA" (or "United States Environmental Protection Agency" or "U.S.
Environmental Protection Agency" or "Agency") in the following 40 CFR sections:
in 260.10, in 260.11(a), in 261 Appendix ix, in 264.12(a), in 265.12(a), in
268.1(e)(3), in 270.2, in 270.10(e)(2), in 270.32(a), in 270.32(c), in 270.72(a)(5),
in 270.72(b)(5), in 273.32(a)(3)
C.
Use of "EPA" (or "United States Environmental Protection Agency" or "U.S.
Environmental Protection Agency" or "Agency") in any section of the Code of
Federal Regulations which cannot be delegated to any state, including Rhode Island
and which include the following 40 CFR sections: 262, Subpart E & Subpart H and
263, Subpart B regarding exports of hazardous waste; and 268.5, 268.6, and
268.42(b) regarding land disposal restrictions.
D. Usage in the term "EPA region" in 40 CFR 260.
3.27
Facility shall mean all contiguous land, structures and other appurtenances and
improvements on the land used for treating, storing or disposing of hazardous waste.
3.28
Fault shall mean a fracture along which rocks on one side have been displaced with respect
to those on the other side.
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3.29
FIFRA shall mean the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-
136y).
3.30
Flood plain shall mean that area covered by a flood that has a one percent or greater chance
of occurring in any year or of a magnitude equaled or exceeded once in 100 years on the
average.
3.31
Generator shall mean any person, by site, who produces hazardous waste or imports
hazardous waste from a foreign country or whose act or process produces hazardous waste
or whose act first causes a hazardous waste to become subject to regulation.
3.32
Hazardous waste shall mean any waste or combination of wastes of a solid, liquid, contained
gaseous, or semi-solid form which, because of its quantity, concentration, or physical or
chemical characteristics, may cause or significantly contribute to an increase in mortality or
an increase in serious irreversible or incapacitating reversible illness; or pose a substantial
present or potential hazard to human health or the environment.
Such wastes include, but are not limited to, those which are toxic, corrosive, flammable, or
reactive; and which are listed as "Rhode Island Wastes" in Rule 3.67 of these regulations.
Hazardous waste shall also mean any hazardous waste as defined in 40 CFR 261.3 or is
subject to regulation under 40 CFR 261.7 and 261.33. Where the phrase solid waste appears
in the Code of Federal Regulations, the word waste may be substituted. The small quantity
generator provisions of 40 CFR 261.5 do not apply in Rhode Island, except for the
provisions of Rule 5.02 (B) and (C) or as provided in Rules 5.05, 5.06, and 13.06B. The
provisions of the household waste exemption contained within 40 CFR 261.4 (b) (1) do
apply in Rhode Island, except as limited by Rule 5.00 of these regulations and except as
provided in Rule 13.06B.
Determination that a material is not a hazardous waste must be made in accordance with 40
CFR 260.30, 260.31, and 260.33.
Hazardous wastes that are recycled are subject to the provisions of 40 CFR 261.6 and the
sections of 40 CFR Part 266 referenced therein, except as limited by Section 23-19.1-10 (f)
of the Rhode Island General Laws and except as 40 CFR 261.6(a)(4) affects used oil that
exhibits one or more of the characteristics of hazardous waste. The Director may also
regulate certain recycling activities as provided by 40 CFR 260.40 and 260.41.
The publications listed in 40 CFR 260.11 are incorporated by reference.
3.33
Hazardous waste disposal facility shall mean real and personal property acquired,
constructed or operated for the purpose of the disposal of hazardous waste.
3.34
Hazardous waste incinerator shall mean an engineered device using controlled flame
combustion for thermally degrading hazardous waste.
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3.35
Hazardous waste management facility shall mean a facility, excluding vehicles, for
collection, source separation, storage, processing, treatment, recovery or disposal of
hazardous wastes, or a transfer station for hazardous waste, and may include a facility at
which such activities occur and where waste has been generated.
3.36
Hazardous waste transporter shall mean a person, individual, firm, partnership, association
and private or municipal corporation that transports hazardous waste.
3.37
Hazardous waste treatment or storage facility shall mean real and personal property
acquired, constructed or operated for the purpose of storing or treating hazardous wastes.
Facilities which accept household hazardous waste only, pursuant to Rule 5.00 of these
regulations, are not deemed to be hazardous waste treatment or storage facilities.
3.38
Household hazardous waste shall mean waste which has been segregated from household
waste as defined in 40 CFR 261.4(b)(1) and which would otherwise meet any of the
definitions of a hazardous waste. This definition does not include hazardous wastes
generated in households as part of a business, nor shall this definition extend to wastes from
hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds
and day-use recreation areas, except for those wastes ordinarily left behind by guests or other
users of these institutions.
3.39
Household refuse shall mean refuse generally produced at a home.
3.40
I.D. No. shall mean the number assigned by EPA to each generator, hazardous waste
transporter, and treatment, storage or disposal facility.
3.41
Incineration shall mean the treatment of hazardous waste using controlled flame
combustion, the primary purpose of which is to thermally break down the hazardous waste.
3.42
Incinerator shall mean any enclosed device using controlled flame combustion that neither
meets the criteria for classification as a boiler nor is listed as an industrial furnace.
3.43
Incompatible wastes shall mean a hazardous waste which is unsuitable for:
A. Placement in a particular device or facility because it may cause corrosion or decay of
containment materials; or
B.
Commingling with another waste or material under controlled conditions because the
commingling might produce heat or pressure, fire or explosion, violent reaction, toxic
dusts, mists, fumes or gases or flammable fumes or gases.
3.44
Industrial furnace shall mean any device listed as such in 40 CFR 260.10 or other devices
which the Director may, after notice and comment, add to the list based on one or more of
the factors specified in part 13 of that definition.
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3.45
Injection well shall mean a well or system of wells used for the disposal of hazardous waste
by pumping the waste into deep wells where they are contained in the pores of permeable
subsurface rock.
3.46
In operation shall mean a facility which is treating, storing or disposing of hazardous waste.
3.47
Land disposal facilities shall mean surface impoundments, waste piles, land treatment
facilities and landfills.
3.48
Landfill shall mean a disposal facility or part of a facility where hazardous waste is placed
in or on land and which is not a land treatment facility, a surface impoundment, or an
injection well.
3.49
Land treatment facility shall mean a facility or part of a facility at which hazardous waste
is applied onto or incorporated into the soil surface; such facilities are disposal facilities if
the waste will remain after closure.
3.50
Large Quantity Handler of Universal Waste shall mean a universal waste handler (as
defined in this section) who accumulates 20,000 kilograms or more total of cathode ray tubes
or their display devices, calculated collectively at any time, or who accumulates 5,000
kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides,
thermostats, mercury-containing devices, or mercury-containing lamps,), calculated
collectively at any time. This designation as a large quantity handler of universal waste is
retained through the end of the calendar year in which 20,000 kilograms or more total of
cathode ray tubes and their display devices, or 5,000 kilograms (11,000 pounds) or more
total of all other universal waste is accumulated.
3.51
Liquid shall mean any waste that expresses as separable liquid by weight thirty percent
(30%) or more of the waste when exposed to a vacuum of 3/4 atmosphere for thirty (30)
minutes.
3.52
Load shall mean a mass or weight of a particular hazardous waste contained in one or more
transporting container(s).
3.53
Local land authority shall mean a city or town council.
3.54
Manifest shall mean the Rhode Island Uniform Hazardous Waste Manifest provided by the
Department, the waste automotive oil manifest, or any other manifest (including manifests
in electronic form) approved by the United States Environmental Protection Agency or the
Department for identifying, but not limited to, the quantity, composition, type and the origin,
routing and destination of hazardous waste from the point of generation, to the point of
treatment, storage, or disposal.
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3.55
Manufacturing and mining by-products shall mean secondary or incidental materials
created in manufacturing or mining operations.
3.56
Mercury-containing device shall mean any electrical product or component, excluding
batteries, lamps, and thermostats, which contains elemental mercury that is necessary for its
operation and is housed within an outer metal, glass, or plastic casing. Mercury-containing
devices include, but are not limited to, thermometers, barometers, electric switches and
relays, thermocouples, manometers, and sphygmomanometers.
3.57
Mercury-containing lamp shall mean an electric lamp in which mercury is purposely
introduced by the manufacturer for the operation of the lamp. For the purposes of universal
waste management, mercury-containing lamps include fluorescent lamps and high intensity
discharge (HID) lamps, including mercury vapor, metal halide and high pressure sodium
lamps which would otherwise be a characteristic hazardous waste.
3.58
On site shall mean the same or geographically contiguous property which may be divided
by public or private right-of-way, provided the entrance and exit between the properties is
at a cross-roads intersection, and access is by crossing as opposed to going along the right-
of-way. Non-contiguous properties owned by the same person connected by a right-of-way
which he controls and to which the public does not have access is also considered on site
property.
3.59
Operator shall mean the person who is responsible for the operation of the facility.
3.60
Owner shall mean the person who owns the facility or part of the facility.
3.61
PCB or PCBs shall mean any chemical substance that is limited to the biphenyl molecule
that has been chlorinated to varying degrees or any combination of substances which
contains such substances.
3.62
Person shall mean an individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, the Federal Government or any agency
or subdivision thereof, a state, municipality, commission, political subdivision of a state, or
any interstate body.
3.63
Pesticide shall mean any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that:
a)
Is a new animal drug under the Federal Food, Drug, and Cosmetic Act (FFDCA) section
201(w), or
b)
Is an animal drug that has been determined by regulation of the Secretary of Health and
Human Services not to be a new animal drug, or
c)
Is an animal feed under FFDCA section 201(x) that bears or contains any substances
described by paragraph (a) or (b) of this section.
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3.64
Precious metal bearing wastes shall mean all materials destined for reclamation containing
a concentration of gold, silver, rhodium, palladium and/or platinum which makes the waste
economically recoverable including, but not limited to, plating baths and stripping solutions.
3.65
Publicly owned treatment works shall mean a treatment works as defined by Section 212
of Public Law 92-500, "Federal Water Pollution Control Act" and which is owned by a state
or municipality as defined by Section 502 (4) of this same law.
3.66
"RCRA" (or "Resource conservation and Recovery Act" or "Subtitle C of RCRA" or
"RCRA Subtitle C" or "Subtitle C") as used in the portions of the Code of Federal
Regulations which are incorporated by reference, when referring either to an operating
permit or to the Federal hazardous waste program as a whole (i.e., not a specific provision
of RCRA), shall mean the Rhode Island "Hazardous Waste Management Act of 1978",
except as otherwise noted in these Rules and Regulations and except at 40 CFR 260.10
definition of "Act or RCRA", at 40 CFR Part 262 Appendix, at 40 CFR 270.2 definition of
"RCRA" and at 40 CFR 270.51 reference to "EPA-issued RCRA permit".
3.67
Rhode Island Wastes shall mean any waste meeting any of the below-listed definitions.
These waste codes are in addition to the federal definitions of hazardous waste referenced
in Rule 3.32 of these regulations, and they are to be used only when the waste does not meet
any of the federal criteria, except for purposes of determining if the waste is prohibited from
being transported on the roads listed in Rule 6.03 of these regulations.
Note: The waste codes indicated in the parentheses are only to be used when the waste
does not meet any of the federal definitions of a hazardous waste.
A. Type 1A - Highly Toxic Waste (R001) shall mean a waste which meets any of the
following criteria:
l.
The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure
to a representative sample of the waste has an acute oral LD50 in the rat of 0 to 50
mg/kg of body weight determined according to the protocol in Appendix 1, as
calculated using a recognized reference or, where a recognized reference is not
available, as actually measured; or
2.
A quantitative analysis of a liquid waste reveals that it contains a substance which
in the concentration present in the waste causes the waste to have a waste LD50
(calculated) of 50 mg/kg or less, as listed in a reference source approved by the
Director.
B.
Type 1B - Moderately Toxic Waste (R001) shall mean a waste which meets any of the
following criteria:
1.
The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure
to a representative sample of the waste has an acute oral LD50 in the rat of greater
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than 50 but less than 500 mg/kg of body weight determined according to the
protocol in Appendix 1, as calculated using a recognized reference or, where a
recognized reference is not available, as actually measured; or
2.
A quantitative analysis of a liquid waste reveals that it contains a substance which
in the concentration present in the waste causes the waste to have a waste LD50
(calculated) of greater than 50 mg/kg but less than 500 mg/kg of body weight as
listed in a reference source approved by the Director.
C.
Type 1C - Slightly Toxic Waste (R001) shall mean a waste which meets any of the
following criteria:
1.
The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure
to a representative sample of the waste has an acute oral LD50 in the rat of greater
than 500 but less than 5000 mg/kg of body weight determined according to the
protocol in Appendix 1, as calculated using a recognized reference or, where a
recognized reference is not available, as actually measured; or
2.
A quantitative analysis of a liquid waste reveals that it contains a substance which
in the concentration present in the waste causes the waste to have a waste LD50
(calculated) of greater than 500 but less than 5,000 mg/kg body weight as listed in
a reference source approved by the Director.
D. Type 2A - Highly Reactive Waste (R002) shall mean a waste which in itself is readily
capable of initiating a detonation, or of explosive decomposition, or of a reaction at
normal temperature and pressures, or which reacts explosively with water, or which is
a forbidden explosive as defined in 49 CFR 173.54, or a Division 1.1, Division 1.2, or
Division 1.3 explosive as defined in 49 CFR 173.53 or 49 CFR 173.50 respectively.
E.
Type 2B - Moderately Reactive Waste (R002) shall mean a waste which in itself is
capable of initiating a detonation or explosive reaction, but requires a strong initiating
source, or which must be heated under confinement before initiation, or which may react
violently with water or oxidizable materials or which may form potentially explosive
mixtures with water or oxidizable materials, or which may generate toxic fumes such
as cyanide and sulfide bearing wastes.
F.
Type 2C - Slightly Reactive Waste (R002) shall mean a waste which in itself or when
mixed with water is normally unstable or readily undergoes chemical change, but does
not detonate or cause explosive reactions.
G. Type 3A - Highly Flammable Waste (R003) shall mean:
1.
Any liquid or gaseous material which is a liquid while under pressure, having a
flash point below 73°F and a boiling point less than 100°F, or
15
2.
Any compressed gas or mixture for which a mixture of 13% or less (by volume)
with air forms a flammable mixture, or the flammable range with air is wider than
12% regardless of the lower limit, or
3.
Any non-liquid as described in 40 CFR 261.21 (a) (2), or
4.
Any ignitable compressed gas as described in 40 CFR 261.21 (a) (3), or
5.
Any oxidizer as described in 40 CFR 261.21 (a) (4).
H. Type 3B - Moderately Flammable Waste (R003) shall mean:
1.
A liquid having a flash point less than 73°F and a boiling point at or above 100°F,
and those having a flash point at or above 73°F and a boiling point less than 100°F,
or a liquid that ignites spontaneously in dry or moist air at or below 130°F, or
2.
Any compressed flammable gas or mixture having in the container an absolute
pressure exceeding 40 psi at 70°F, or regardless of the pressure at 70°F, having an
absolute pressure exceeding 104 psi at 130°F, or any liquid flammable materials
having a vapor pressure exceeding 40 psi absolute at 100°F.
I.
Type 3C - Slightly Flammable Waste (R003) shall mean:
1.
Liquids having a flash point at or above 73°F, but not exceeding 200°F.
2.
Solids and semi-solids which readily give off flammable vapors below 100°F.
J.
Type 4 - Corrosive Waste (R004) shall mean any non-aqueous waste, when mixed 50%
by weight with distilled water, or any gaseous material such that a 2 molar aqueous
solution, yields a pH less than or equal to 2.0, or greater than or equal to 12.5, as
measured with a pH meter using the protocol specified in EPA's "Test Methods for the
Evaluation of Solid Waste, Physical/Chemical Methods, SW-846.
K. Type 5 - Rhode Island Special Hazardous Waste (R005) shall mean a waste which may
not meet any of the other criteria set forth in this rule but which may still cause or
significantly contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present or potential hazard to
human health or the environment.
L.
Type 6 - Extremely hazardous waste (R006) shall mean any waste that:
1.
contains any KNOWN CARCINOGEN as designated in regulatory rule-making by
any of the federal agencies (OSHA, FDA, EPA or CPSC) in concentrations or
amounts at or above the federally regulated level or at 1/10 of 1% (0.1%) by
16
weight, whichever is more stringent, of any solid or liquid mixture. This rule does
not apply to asbestos waste, or
2.
contains any TERATOGEN as identified by OSHA's Industrial Hygiene Field
Operation Manual (CPL 2-2.20, April 2, 1979, or subsequent updates) in
concentrations or amounts at or above the federally regulated level or at 0.1% by
weight, whichever is more stringent, of any solid or liquid mixture, or
3.
contains any SUSPECT HUMAN CARCINOGEN as designated in regulatory rule-
making by any of the federal agencies (OSHA, FDA, EPA or CPSC) in
concentrations or amounts at or above the federally regulated level or at 1% by
weight whichever is more stringent, of any solid or liquid mixture. This rule does
not apply to asbestos waste, or
4.
contains a substance which has an acute oral rat LD50 less than or equal to 2 mg/kg
in a reference approved by the Director at or above 0.1% by weight of any solid or
liquid mixture, or
5.
contains any U. S. Department of Transportation Class 2, Division 2.3 hazardous
material (gas poisonous by inhalation), per 49 CFR 173.115 or Class 6, Division 6.1
hazardous material (poisonous materials), per 49 CFR 173.132 , or
6.
contains Industrial Chemicals selected due to their serious cumulative effects from
the OSHA's Industrial Hygiene Field Operations Manual (CPL 2-2.20, April 2,
1979) and listed in Appendix II at or above 1% by weight of any solid or liquid
mixture. However, if the industrial chemicals are less than 1% soluble, this rule
only applies to these chemicals when they are soluble in the waste, or
7. PCB waste (R007) contains polychlorinated biphenyls at a concentration of fifty
parts per million (50 ppm) or greater, or shows ten micrograms per one hundred
square centimeters (10 micrograms/100 cm²) as measured by standard wipe tests.
Wastes containing PCBs at a concentration of 50 ppm or greater are also subject to
additional regulations under TSCA (Toxic Substances Control Act) in 40 CFR 761.
M. Rhode Island Waste Codes shall be as follows:
1.
Any waste meeting any of the definitions of Toxic Waste under items A, B, or C of
this rule shall be designated as an R001 waste.
2.
Any waste meeting any of the definitions of Reactive Waste under items D, E, or
F of this rule shall be designated as an R002 waste.
17
3.
Any waste meeting any of the definitions of Flammable Waste under items G, H,
or I of this rule shall be designated as an R003 waste.
4.
Any waste meeting the definition of Corrosive Waste under item J of this rule shall
be designated as an R004 waste.
5.
Any waste meeting the definition of Rhode Island Special Hazardous Waste under
item K of this rule shall be designated as an R005 waste.
6.
Any waste meeting the definition of Extremely Hazardous Waste under item L of
this rule shall be designated as an R006 waste, except as described in item 7, below.
7.
Any PCBs or PCB-contaminated material which meet the definition of Extremely
Hazardous Waste under item L (7) of this rule shall be designated as an R007
waste.
8.
Any waste oil being managed as a hazardous waste, but not meeting any other
Rhode Island characteristics, shall be designated as an R010 waste.
Note:
The above R001 – R007 waste codes are to be used only when the waste
does not satisfy any of the federal criteria of a hazardous waste.
3.68
Sanitary septage shall mean septage from individual sewage disposal systems containing
human or animal excremental liquid or substance, any putrescible animal or vegetable
matter, garbage and filth, including the discharge of water closets, laundry tubs, washing
machines, sinks, dishwashers and the contents of septic tanks, cesspools or privies.
3.69
Satellite accumulation shall mean the accumulation of as much as fifty-five (55) gallons of
hazardous waste, or the accumulation of as much as one quart of acutely hazardous waste,
in containers at or near any point of generation where the waste initially accumulates, which
is under the control of the operator of the process generating the waste, without a permit or
interim status and without complying with the requirements of 40 CFR 262.34(a) and
without any storage time limit, provided that the generator complies with 40 CFR
262.34(c)(1)(i) and marks and labels his containers as required by Rule 5.04C.
Accumulations in excess of these amounts are subject to the requirements of 40 CFR
262.34(c)(2) and to the marking and labeling requirements of Rule 5.04A.
3.70
Septage shall mean any solid, liquid or semi-solid removed from septic tanks, cesspools,
privies, domestic wastewater holding tanks or other similar individual sewage disposal
systems.
3.71
Small Quantity Handler of Universal Waste shall mean a universal waste handler (as
defined in this section) who does not accumulate 20,000 kilograms or more total of cathode
ray tubes or their display devices, calculated collectively at any time and who does not
accumulate 5,000 kilograms (11,000 pounds) or more total of all other universal waste
18
(batteries, pesticides, thermostats, mercury-containing devices, or mercury-containing
lamps), calculated collectively at any time.
3.72
Sole source aquifer shall mean those aquifers designated pursuant to Section 1424 (e) of the
Safe Drinking Water Act of 1974 (Public Law 93-523) which solely or principally supply
drinking water to a large percentage of a populated area.
3.73
"State(s)" (or "authorized state" or "approved state" or "approved program") as used in the
portions of the Code of Federal Regulations which are incorporated by reference shall mean
the state of Rhode Island, except at 40 CFR 260.10 definitions of "Person", "State", and
"United States", at 40 CFR Part 262, at 40 CFR 264.147(a)(1)(ii), (b)(1)(ii), (g)(2) and
(g)(4), at 40 CFR 265.147(a)(1)(ii), (g)(2), and (i)(4), at 40 CFR 270.2 definitions of
"approved program or approved State", "Director", "interim authorization", "final
authorization", "person", and "State”.
3.74
Storage shall mean the actual or intended containment of hazardous waste, either on a
temporary basis or for a period of years, in such a manner as not to constitute disposal of
such hazardous waste.
3.75
Storage facility shall mean any facility that stores hazardous wastes and that has a closure
plan that provides for the complete removal of all wastes.
3.76
Surface impoundment shall mean a facility or part of a facility which is a natural
topographic depression, man-made excavation, or diked area formed primarily of earthen
materials (although it may be lined with man-made materials), which is designed to hold an
accumulation of liquid wastes or waste containing free liquids, and which is not an injection
well. Examples of surface impoundments are holding, storage, settling and aeration pits,
ponds and lagoons.
3.77
Tank shall mean a stationary device designed to contain an accumulation of hazardous
waste which is constructed primarily of non-earthen materials which provide structural
support.
3.78
Thermostat shall mean a temperature control device that contains metallic mercury in an
ampule attached to a bi-metal sensing element, and mercury-containing ampules that have
been removed from these temperature control devices in compliance with the requirements
of 40 CFR 273.13(c)(2) or 273.33(c)(2).
3.79
Toxicity Characteristic Leaching Procedure shall mean the procedure referenced in 40 CFR
261 Appendix II.
3.80
Transfer station shall mean an intermediate point in the transport of hazardous wastes where
such wastes are brought, stored and transferred to vehicles for movement to other
intermediate points or to the point of ultimate storage or disposal.
19
3.81
Transport shall mean the movement of wastes from the point of generation to any off site
intermediate points, and finally to the point of final storage, treatment or disposal.
3.82
Transportation Unit shall mean any car, truck, tractor, or other device used in transportation
on land, water, or in the air or any trailer, tank or other type of containment structure
permanently or temporarily attached thereto.
3.83
Transporter shall mean any person that transports hazardous waste other than on site or that
transports septage waste.
3.84
Treatment shall mean any method, technique, or process, including neutralization or
incineration, designed to change the physical, chemical, or biological character or
composition of any hazardous waste as to neutralize such waste or so as to render such waste
less hazardous, non-hazardous, safer to transport, amenable to storage, or reduced in volume,
except such method or technique as may be included as part of the manufacturing process
at the point of generation.
3.85
Underground drinking water source shall mean an aquifer supplying drinking water for
human consumption; or an aquifer in which the groundwater contains less than 500 mg/l
total dissolved solids; or an aquifer designated as such by the Administrator of the
Environmental Protection Agency or any Rhode Island state agency authorized to do so.
3.86
Universal Waste shall mean any of the following hazardous wastes that are subject to the
universal waste requirements of 40 CFR part 273:
a) Batteries as described in 40 CFR 273.2;
b) Pesticides as described in 40 CFR 273.3;
c) Thermostats as described in 40 CFR 273.4;
d) Cathode ray tubes (CRTs) as described in Rule 13.02 of these regulations;
e) Mercury-containing devices as described in Rule 13.03 of these regulations; and
f) Mercury-containing lamps as described in Rule 13.04 of these regulations.
3.87
Universal Waste Handler:
a)
shall mean:
1.
A Generator (as defined in Rule 3.00) of universal waste; or
2.
The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
b)
shall not mean:
1.
A person who treats (except under the provisions of 40 CFR 273.13(a) or (c),
or 273.33(a) or (c)), disposes of, or recycles universal waste; or
2.
A person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer facility.
20
3.88
Universal Waste Transfer Facility shall mean any transportation-related facility including
loading docks, parking areas, storage areas and other similar areas where shipments of
universal waste are held during the normal course of transportation for ten days or less.
3.89
Universal Waste Transporter shall mean a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water.
3.90
Vehicle shall mean any car, truck, tractor, or other device used in transportation including
any trailer, tank or other type of containment structure permanently or temporarily attached
thereto.
3.91
Washout shall mean the movement of hazardous waste from the active portion of the facility
as a result of flooding.
3.92
Waste shall mean solid waste as defined in 40 CFR 261.2.
3.93
Waste automotive oil shall mean waste oil generated at such places as service stations and
truck and bus repair stations and may include small, routine amounts of other petroleum
distillates generated at that location.
3.94
Waste automotive oil manifest shall mean the form provided or approved by the Rhode
Island Department of Environmental Management for identifying, but not limited to, the
generator, hazardous waste transporter, quantity and destination of waste automotive oil.
3.95
Waste LD50 (calculated) shall mean the value arrived at by applying to either the elutriate
obtained from the Toxicity Characteristic Leaching Procedure or to a liquid waste the
following equation:
where C =
The concentration of a substance in a sample of the liquid waste or in the
elutriate obtained by applying the Toxicity Characteristic Leaching Procedure to
non-liquid waste (expressed as a fraction), and
LD50 = Oral rat LD50 listed in a recognized source (mg/kg).
3.96
Waste pile shall mean any non-containerized accumulation of solid, non-flowing hazardous
waste that is used for treatment or storage.
3.97
Wetlands shall mean marshes, swamps, bogs, ponds, rivers, river and stream flood plains and
banks; areas subject to flooding or storm flowage, emergent and submergent plant
)
LD
(
C
...+
+
)
LD
(
C
+
)
LD
(
C
=
WasteLD
1
n
50
n
2
50
2
1
50
1
50
21
communities in any body of fresh water including rivers and streams and that area of land
within fifty feet (50') of the edge of any bog, marsh, swamp or pond.
3.98
40 CFR ... shall mean that section or subsection of the Code of Federal Regulations, Title
40, Protection of Environment, Chapter 1, Environmental Protection Agency. All references
to Title 40 of the Code of Federal Regulations are 40 CFR as of July 1, 1998.
3.99
49 CFR ... shall mean that section or subsection of the Code of Federal Regulations, Title
49, Transportation. All references to Title 49 of the Code of Federal Regulations are 49 CFR
as of October 1, 1997.
3.100 Notes: Any term used within these regulations not specifically defined within this section
shall be defined as in 40 CFR 260.10. Relative to the definitions, "Existing tank system or
existing component" and "New tank system or new tank component", in 40 CFR 260.10, the
reference to "July 14, 1986", relative to the commencement of tank installation, applies only
to a tank system owned or operated by a small quantity generator or any tank system
(aboveground, onground, inground, or underground) that cannot be entered for inspection.
Relative to a tank system (aboveground, onground, inground, or underground) that is not
owned or operated by a small quantity generator and which can be entered for inspection,
substitute "December 1, 1992" wherever "July 14, 1986" appears in these two definitions in
40 CFR 260.10.
4.00
VARIANCES
4.01
Applications: An applicant may apply to the Director for a variance from any of these rules
and regulations. The Director then may require the submission of any survey data, drawings,
soil borings and tests, calculations, scientific tests, data or other information he deems
necessary to evaluate such application.
4.02
Non-Permit Variances: The Director may upon application issue a variance under this rule
when compliance with these rules and regulations would, in the Director's judgement, and
upon presentation by the applicant of adequate proof, cause unreasonable or undue hardship,
provided the applicant can also present adequate proof that the issuance of a variance:
A. will provide protection of health and the environment equivalent to that which is
provided by these rules,
B.
will not endanger the public health and safety,
C.
will not create a public or private nuisance,
D. will not significantly interfere with the public use and enjoyment of any recreational
resource,
22
E.
will not cause pollution in any surface body of water or any groundwater, or cause
contamination of any drinking water supply or tributary thereto,
F.
will not violate any provisions of any rules or regulations adopted pursuant to Chapter
23-25 (the Rhode Island Clean Air Act) of the General Laws of Rhode Island, as
amended,
G. will not be less stringent than 40 CFR 262.34 (b).
The issuance or denial of a variance shall be preceded by public notice and opportunity for
public comment. In no case shall the duration of any such variance exceed five years.
Renewals or extensions may be given only after public notice and opportunity for public
comment on each such renewal or extension.
4.03
Permit Variances: In addition to the requirements of Rule 4.02, the Director or his designee
must hold a public hearing prior to rendering a decision on any application. Prior to the
hearing, the Director shall issue public notice on the radio and in a newspaper of general
circulation in the area affected and shall notify by certified mail to the last known address:
all persons requesting in writing such notification, all property owners within five hundred
(500) feet of the perimeter of the site of the applicant's facility, the city or town in which the
facility is located, and the applicant of the hearing date, time, and place. Such notices shall
be made at least sixty (60) days prior to the date of the public hearing. Permit variances shall
not be granted for a period to exceed one year.
4.04
Department's Evidence: The Department through its authorized agents may present
evidence to the Director or his designee relative to any application.
4.05
Remonstrant: Remonstrants who have been notified, as required by this rule, may present
evidence to the Director or his designee relative to any application.
4.06
Decision: The Director or his designee may grant or deny the variance after hearing
provided, however, that such variance may be subject to such terms and conditions as the
Director or his designee may deem necessary to protect the public health and safety and the
environment.
5.0
GENERATORS
These rules shall apply to all generators of hazardous waste. Rhode Island does not
recognize federal exemptions for small quantity generators and the small quantity generator
provisions of 40 CFR 261.5, 262.20(e), 262.42(b) and 262.44 do not apply in Rhode Island,
except for provisions of Rule 5.02(B) and (C) or as provided in Rules 5.05, 5.06, and
13.06B. Facilities which accept household hazardous waste only, for subsequent off-site
management in accordance with these regulations, will be considered to be generators,
subject to the requirements of this section.
23
5.01
Identification: The generator shall apply for and obtain an EPA I.D. No. and shall not offer
waste for shipment without an EPA I.D. No. All generators included in the federal system
must apply to the Department for an EPA I.D. No. Small generators and others not included
in the federal system but covered under Rhode Island rules and regulations must also apply
for an EPA I.D. No. through the Department. Temporary EPA I.D. No.'s may be obtained
from the Department.
5.02
Storage:
A. Any material designated as a hazardous waste stored on site by a generator for a period
not to exceed 90 days, excluding satellite accumulation as defined in Rule 3.69, shall
be termed 90 day accumulation. Such accumulated waste shall be excluded from storage
permit requirements provided that it is managed in accordance with the provisions of
these Rules and Regulations and in accordance with the provisions of 40 CFR 262.34,
264.175, and 265.15(d), except for 40 CFR 262.34 (d), (e), and (f) and except for a
change to 40 CFR 262.34(a)(4), where reference to “40 CFR 268.7(a)(5)” replaces
reference to “40 CFR 268.7(a)(4)”. These regulations include, but are not limited to,
requirements for personnel training, preparedness and prevention, contingency plans,
secondary containment, and documentation of inspection of each hazardous waste
storage area. Also, such waste must be properly disposed within the 90 day
accumulation period.
B.
Generators of less than 1000 kg/month of hazardous waste (inclusive of generators of
less than 100 kg/month), accumulating hazardous waste in tanks, that do not accumulate
over 3000 kg on site at any time (90 day maximum storage), and that do not exceed the
limits regarding generation of acute hazardous waste set out in 40 CFR 261.5 (e) (1) and
(2), shall not be subject to 40 CFR 265, Subpart J (Tank Systems), except for 40 CFR
265.201.
C. Generators of less than 1000 kg/month of hazardous waste (inclusive of generators of
less than 100 kg/month), that do not accumulate over 3000 kg on site at any time (90
day maximum storage), and that do not exceed the limits regarding generation of acute
hazardous waste set out in 40 CFR 261.5 (e) (1) and (2), shall not be subject to 40 CFR
265, Subpart CC (Air Emission Standards for Tanks, Surface Impoundments, and
Containers).
D. A small quantity generator or large quantity generator ( as defined in 40 CFR 260.10)
who generates wastewater treatment sludges from electroplating operations that meet
the listing description for the RCRA hazardous waste code F006, may accumulate F006
waste on-site for more than 90 days, but not more than 180 days without a permit or
without having interim status provided that:
24
1. The generator has implemented pollution prevention practices that reduce the
amount of any hazardous substances, pollutants or contaminants entering F006 or
otherwise released to the environment prior to its recycling;
2. The F006 waste is legitimately recycled through metals recovery (i.e., on-site or
off-site recovery of distinct metal component(s) from the electroplating sludge, as
separate end product(s));
3. No more than 20,000 kilograms (44,000 pounds) of F006 waste is accumulated on-
site at any one time (note: Any small quantity generator who accumulates more
than 1,000 kilograms (2200 pounds) per month of F006 waste or who accumulates
more than 6,000 kilograms (13,200 pounds) of F006 waste on site at any time,
immediately becomes a large quantity generator.); and
4. The F006 waste is managed in accordance with the following:
(a) The F006 waste is placed:
(i) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265;
and/or
(ii) In tanks and the generator complies with the applicable requirements
of subparts J, AA, BB, and CC of 40 CFR part 265, except §§
265.197(c) and 265.200; and/or
(iii) In containment buildings and the generator complies with subpart DD
of 40 CFR part 265, and has placed its professional engineer
certification that the building complies with the design standards
specified in 40 CFR 265.1101 in the facility’s operating record prior
to operation of the unit. The owner or operator must maintain the
following records at the facility:
(aa) A written description of procedures to ensure that the F006 waste
remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for
the facility showing that they are consistent with the 180-day
limit, and documentation that the generator is complying with the
procedures; or
(bb) Documentation that the unit is emptied at least once every 180
days. In addition, such a generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for
§§ 265.111 and 265.114.
(b) The date upon which each period of accumulation begins is clearly marked
and visible for inspection on each container;
25
(c) While being accumulated on-site, each container and tank is labeled or
marked clearly with the words, “Hazardous Waste” and complies with
Rule 5.04 labeling requirements; and
(d) The generator complies with the requirements for owners or operators in
subparts C and D in 40 CFR part 265, with 40 CFR 265.16, and with 40
CFR 268.7(a)(5).
5.03
Waste Shipment: The generator shall send hazardous waste only to a designated facility.
The generator must not send hazardous waste from the property on which it is generated, on
site, without preparing a manifest to accompany the waste, except where 40 CFR 262.20(f)
applies, nor shall he offer hazardous waste to a facility which does not have an EPA I.D.
number, or to a hazardous waste transporter that does not have an EPA I.D. number and a
valid RI Hazardous Waste Transporter Permit as indicated by an official sticker on each
transportation unit. Use of a permitted hazardous waste transporter and use of a transporter
with an EPA I.D. number are not required for those transportation situations where 40 CFR
262.20(f) applies. The following requirements also apply:
A. The generator must package the waste in accordance with 49 CFR 173, 178 and 179.
B.
The generator, except for those shipments of exclusively waste oil using the waste
automotive oil manifest, shall complete the generator section of the manifest prior to
sending any hazardous waste from the property on which it is generated. The generator
shall complete this section in accordance with the requirements of 40 CFR 262.21 and
the requirements of these rules and regulations. The generator will also note in item 15
of the manifest if the waste is an R006 waste under Rule 3.67 (L) of these regulations.
C.
The generator must complete the generator section of a Rhode Island Uniform
Hazardous Waste Manifest or other approved manifest prior to the shipment of the
waste. The Department may charge the generator a fee for the Department’s distribution
of Rhode Island Uniform Hazardous Waste Manifests to the generator. If the generator
uses other than a Rhode Island Uniform Hazardous Waste Manifest, he must include all
of the information required on the Rhode Island Manifest. Relative to hazardous waste
generated in or destined for any state having a manifest reciprocity protocol with Rhode
Island, the generator may use either the generator’s state manifest or the destination’s
state manifest. Otherwise, the generator must use the destination state’s manifest if that
state supplies the manifest and requires its use, and if not, the generator must use the
Rhode Island Manifest. The generator may use Uniform Hazardous Waste Manifest
Continuation Sheets (EPA Form 8700-22A), provided that it is allowed by the state in
which the designated facility is sited. Generators desiring to use these continuation
sheets shall create them in accordance with federal specifications, as shown in the
Appendix of 40 CFR Part 262.
26
D. After the hazardous waste transporter has signed the manifest, the generator shall
remove the appropriate copy and either return it to the Department within five days or
alternately, submit the information on this copy electronically in a format and in a time
frame acceptable to the Department. The generator shall also remove the destination
state's copy and mail it to the state in which the designated facility is located within five
days. If the designated facility is in the state of Rhode Island, the generator shall either
mail it to the State within five days or alternately, submit the information on this copy
electronically in a format and in a time frame acceptable to the Department. Relative
to any generator located in a state that does not employ an 8-copy manifest (as used in
Rhode Island) and where that generator will use his state’s manifest, the generator shall
make additional photocopies of the generator-completed manifest and label those copies
as “generator to destination state” and “generator to generator state”, as appropriate,
which will serve the same function as copies 6 & 7 of the Rhode Island manifest.
E.
The generator shall also maintain a copy of the manifest for his records. All remaining
copies shall be turned over to the hazardous waste transporter and shall accompany the
waste through the routing indicated by the generator.
F.
A generator must instruct the hazardous waste transporter to return the waste or deliver
it to an alternate designated facility if he is unable to deliver it to the primary designated
facility.
G. A generator sending or receiving waste to or from a foreign country shall comply with
40 CFR 262 Subpart E or 40 CFR 262 Subpart F.
H. A generator shipping wastes via water or rail must comply with the provisions of 40
CFR 262.23 (c) or (d) and 40 CFR 263.20 (e) or (f).
I.
A generator who does not receive a copy of a manifest from the designated facility to
which that waste was sent within 35 days of the date that waste was accepted by the
initial hazardous waste transporter must comply with the provisions of 40 CFR
262.42(a)(1-2) and file an exception report with the Department. [The provisions of 40
CFR 262.42(a)(1-2) are incorporated by reference, except for the words “of greater than
1000 kilograms” in (a)(1-2)]
J.
A generator must designate on the manifest one designated facility, which is permitted
to handle the waste described on the manifest.
K. A generator may also designate on the manifest one alternate designated facility which
is permitted to handle his waste in the event an emergency prevents delivery of the
waste to the primary designated facility.
L.
Generators using the waste automotive oil manifest must obtain a signed receipt from
the hazardous waste transporter indicating the name of the transporter, the date of the
shipment, the quantity of waste oil, and its destination.
27
5.04
Labeling
A. The generator shall label the side of all hazardous waste containers, excluding satellite
accumulation, in accordance with the provisions of 49 CFR 172 and include the
following:
1. The words “Hazardous Waste”.
2.
Generator's name and address of generating facility.
3. The USDOT shipping name and the generic names of the principal hazardous waste
components (if the proper USDOT shipping name is not conclusive in identifying
the hazardous waste).
4. The EPA or Rhode Island waste code.
5. Date of containerization (accumulation start date). The accumulation start date is the
date that hazardous waste first begins accumulating in a container or tank, exclusive
of satellite accumulation.
6. The Hazardous Waste Manifest Number (prior to being shipped off-site).
B. The generator must label and mark every container, excluding those in satellite
accumulation, in accordance with the provisions of 40 CFR 262.32 and must comply
with respect to the initial hazardous waste transporter, with the requirements of 40 CFR
262.33.
C. Satellite accumulation: The generator must include on each container in satellite
accumulation, per Rule 3.69, the words "Hazardous Waste" and other words that
identify the contents of the container.
D. The generator must label the side of each hazardous waste tank per 40 CFR 262.34(a)(3)
requirements and must record the accumulation start date for each hazardous waste
tank.
5.05
Biennial Reports: The generator (except for any small quantity generator, as defined in 40
CFR 260.10) must prepare and submit a biennial report (on appropriate forms provided by
the Department) in accordance with the provisions of 40 CFR 262.41. The generator must
submit this report to the Department by April 1 of the even-number year, which reports
hazardous waste activities for the immediately preceding odd-number year. All generators
may also be required to submit other reports at the request of the Director.
28
5.06
Record Keeping: The generator shall keep all pertinent records relating to the generation
of hazardous waste for a period of three years in accordance with the provisions of 40 CFR
262.40 or for such longer periods as is required in an unresolved enforcement action. These
records shall include but not be limited to Copies 3 and 8 of each Rhode Island manifest (or
if another state’s manifest is used, the copy that the generator retains and the copy that the
designated facility sends to the generator), receipts for waste automotive oil shipments
(when using waste automotive oil manifest), a copy of each biennial report (excluding any
small quantity generator, when not requested by the Director to prepare and submit a
biennial report), a copy of each waste analysis and a copy of any tests and other
determinations made regarding the content of the waste. All such records shall be made
available to the Department, upon inspection or request.
5.07
Permits: No permit shall be required for the generation of hazardous waste. The generator
shall, however, obtain all required permits for its hazardous waste management activities not
specifically exempted by the Rhode Island Hazardous Waste Management Act or these rules
and regulations.
5.08
Hazardous Waste Determination: The generator must determine if any of his wastes meet
any of the definitions of a hazardous waste. He must first determine if his waste meets any
of the federal definitions of hazardous waste as required by 40 CFR 262.11. If the waste does
not meet any of the federal definitions, the generator must then determine if any of the
Rhode Island waste types apply, as defined by Rule 3.67 of these regulations. Regardless of
any advisory opinions or statements from any laboratory or government agency, it remains
the generator's responsibility to properly characterize his wastes. Testing employed by the
generator to determine if a material is hazardous waste must be an approved method set forth
in 40 CFR 260.11 or 40 CFR 261 Subpart C. Equivalent testing methods are not allowed.
5.09
Authorized Agents: The generator shall submit to the Department the names and signatures
of all agents of the generator authorized to sign the manifest.
5.10
Notification of Spills or Releases: In the event of an actual or threatened spill or release of
hazardous waste or material which presents any risk of injury to health or the environment,
the generator or any other person having knowledge of the actual or threatened spill or
release shall notify the Department immediately, and will provide all requested information
dealing with such a spill or release. In all cases, the generator shall immediately take steps
to prevent, contain and/or clean up the spill or release of hazardous waste or material.
5.11
Inspections; Right of Entry: Pursuant to Title 23, Chapter 19.1, Section 12, "Inspections;
Right of Entry", of the General Laws of Rhode Island, (1996 Reenactment), as amended, the
Director may:
A. enter any hazardous waste management facility, or any place the Director has reason to
believe hazardous wastes are generated, stored, treated, or disposed of;
29
B.
inspect vehicles which the Director has reasonable grounds to believe are being used for
the transportation of hazardous wastes;
C.
inspect and obtain samples of any waste or other substances, labels, containers of waste
or other substance, or samples from any vehicle in which hazardous wastes are
transported or in which the Director has reason to believe hazardous wastes are
transported;
D. inspect and copy records, reports, information, or test results kept or maintained at a
hazardous waste management facility.
6.00
TRANSPORTERS
These rules shall apply to all transporters of hazardous waste and septage waste.
6.01
Permit Requirements
A. No person shall transport any hazardous wastes or septage wastes, but not including
precious metal bearing wastes, in or on the land or waters of the state unless such person
shall first have obtained a Hazardous Waste or Septage Waste Transporter Permit or
temporary permit (as applicable) from the Director. However, this rule shall not apply
to the following activities:
l.
The transportation of sewage sludge being produced at publicly owned or privately
owned treatment plants, except where the sludge fails EPA's characteristics for
hazardous waste as defined in Subpart C of 40 CFR 261.
2.
The use of non-permitted vehicles to collect and transport hazardous waste in
emergency situations which present a threat to public health and safety. In the event
of an emergency situation, the Department shall be immediately notified of each
vehicle used for the cleanup and transportation of hazardous waste. After the
notification, all collected hazardous waste must be managed in accordance with the
Department's rules and regulations.
3.
The transportation of animal waste produced at farms.
4.
A transporter transporting household refuse unless he has cause to believe that the
household refuse contains hazardous waste.
5. The use of non-permitted vehicles to transport less than one liter of hazardous waste
derived solely as a by-product of sampling activities.
6.
The use of non-permitted vehicles to transport hazardous waste for situations that
satisfy 40 CFR 262.20(f).
30
7.
The transportation of any hazardous waste defined as a universal waste, per Rule
3.86, and being managed as a universal waste.
B.
For transporter permits, an application fee of $100.00 per transportation unit shall be
paid by the hazardous waste or septage waste transporter. An application fee of $50 per
transportation unit shall be paid by a transporter of septage waste that is generated in
marine vessels. For transporter temporary permits, an application fee of $25 per
transportation unit shall be paid by the hazardous waste or septage waste transporter.
C.
The hazardous waste or septage waste transporter's permit will be issued for a period not
to exceed one year.
D. The hazardous waste or septage waste transporter’s temporary permit will be issued for
a period not to exceed thirty-one days.
E.
The permit or temporary permit will be granted or renewed only for those hazardous
waste or septage waste transportation units which are listed on the permit application
and which pass self inspection. A permit sticker, or temporary permit sticker, as
appropriate, will be issued for each transportation unit which passes the inspection. This
sticker is not transferable to any other transportation units. The transporter must
maintain his permitted transportation units in compliance with inspection requirements,
per Rule 6.07, at all times. The Department reserves all rights to conduct inspections by
Department personnel to verify and ensure compliance with regulatory requirements.
6.02
Permit Application Requirements
A. Applications for a transporter permit or temporary permit must be submitted to the
Director on forms provided by the Department and accompanied by the appropriate
permitting fee (as specified in Rule 6.01) per transportation unit identified on the permit
application. All transportation units used in the transportation of hazardous waste or
septage waste must be included on the permit application.
B.
All transporter applications must include the following:
l.
Name of applicant.
2.
Mailing address.
3.
EPA I.D. No. (hazardous waste transporters only).
4.
Business phone number.
5.
Name of the owner.
31
6.
The name, address and phone number of the applicant's personnel who can be
reached in case of an emergency.
7.
Year, make, VIN, and registration number of each transportation unit being
permitted to transport hazardous waste or septage waste.
8.
Locations to be used for the temporary storage (up to 72 hours) of hazardous waste
in transportation units.
C.
The hazardous waste transporter shall maintain liability insurance, including the
hazardous materials rider (MCS 90) as specified in 49 CFR 387.7 (d), sufficient to
provide coverage of $1,000,000.00 (one million dollars) per incident. However,
transporters engaged exclusively in the transportation of sanitary septage need maintain
liability insurance only sufficient to provide coverage of $300,000.00 (three hundred
thousand dollars) per incident.
D. The hazardous waste transporter shall apply for and obtain an EPA I.D. No. Hazardous
waste transporters, other than those not covered by the federal system, must apply
directly to the Regional Office of the Environmental Protection Agency. Hazardous
waste transporters not covered under the federal system must apply for an EPA I.D. No.
through the Department.
6.03
General Requirements
A. It shall be the responsibility of the hazardous waste transporter to obtain all other
required licenses and permits from other state and federal agencies prior to transporting
any hazardous waste.
B.
The transporter is prohibited from transporting extremely hazardous waste, as indicated
in item 15 of the hazardous waste manifest, on the following roads:
32
Town(s)
Road
From
To
Scituate, Johnston and
Foster
Route 6
Route 94
Foster
Hopkins Ave.
Johnston
Scituate and Smithfield
Route 116
Scituate Ave.
Scituate
Snake Hill Road
Smithfield
Scituate and Cranston
Route 12
Route 14
Scituate
Route 116
Scituate
Scituate
Route 14
Route 102
Route 116
Scituate and Foster
Route 102
Route 94
Foster
Snake Hill Road
Glocester
Scituate and Foster
Central Pike
Route 94
Foster
Route 102
Scituate
Scituate
Danielson Pike
Route 6
Route 6
Scituate
Rocky Hill and Peeptoad
Rd.
Route 101
Route 116 or
Sawmill Road
Foster, Glocester and
Scituate
Route 101
Route 94
Foster
Route 6
Scituate
Smithfield and North
Smithfield
Reservoir Road
In its entirety
Smithfield and Lincoln
Route 295
Douglas Pike
(Exit 8 of Rt. 295)
Lincoln
Route 146
(Exit 9 of Rt. 295)
Warren
School House Road
Birch Swamp Road
Long Lane
Warren
Serpentine Road
In its entirety
Jamestown
North Main Road
Route 138
East Shore Road
Newport and Middletown
Bliss Mine Road
In its entirety
Middletown
Miantonomi Avenue
Bliss Mine Road
Valley Road
Middletown
Valley Road
Miantonomi Road
Route 138
Foster
Route 94
Route 101
Route 102
Scituate
Foster and Scituate
Old Plainfield Pike
Route 102
Route 12
Scituate
Middletown
Aquidneck Avenue
Wave Avenue
Valley Road
Middletown
Wave Avenue
In its entirety
Little Compton
and Tiverton
Route 77
Peckham Road
Little Compton
Route 179
Tiverton
Tiverton
Neck Road
In its entirety
Little Compton
Peckham Road
Route 77
Burchard Road
Little Compton
Burchard Road
In its entirety
Cumberland
Reservoir Road
Route 114
Massachusetts Line
Cumberland
Route 120
Mendon Road
Massachusetts Line
33
C.
The roads on which the transportation of extremely hazardous waste is prohibited as
listed in Regulation 6.03 (B) shall be posted conspicuously in the cab of each vehicle
registered to the permittee.
D. Extremely hazardous waste that is generated on roads on which the transportation of
extremely hazardous waste is prohibited may be transported on these roads with prior
permission of the Director.
E.
In the event of a spill of hazardous waste by the transporter, he shall notify the
Department immediately of the spill. In all cases of spills, the transporter shall
immediately take steps to contain and clean up the hazardous waste.
F.
The transporter shall submit to the Department as part of the application the following:
1.
A description of the procedures that shall be employed by the transporter, pursuant
to Rule 6.08, in responding to spills or other emergency situations that could arise
during transporters' operations. Specific references shall be made to:
a.
the training or instruction that the hazardous waste transporter personnel shall
receive,
b.
the emergency and safety equipment required to be on the transportation unit
at all times, and
c.
the arrangements for emergency services.
2.
A description of the absorbent material to be used for the cleanup of liquids.
G. The transporter of hazardous wastes which are received in Rhode Island or which are
destined for delivery to hazardous waste management facilities within Rhode Island
shall not accept these wastes unless the containers of these wastes are labeled in
accordance with Rule 5.04 of these rules and regulations.
H. The transporting vehicle shall be marked on both sides and the back with the name and
permit number of the transporter. These markings shall be painted on the vehicle in
permanent contrasting colors and shall be visible and legible from a distance of 50 feet
(marking size shall be no less than three inches in height). The official waste transporter
sticker(s) provided by the Department shall be kept clean and legible.
I.
Transporters of hazardous wastes into the United States or who mix wastes of different
USDOT descriptions into a single container must comply with all generator rules and
regulations.
34
J.
Hazardous waste transporters who deliver hazardous wastes to other hazardous waste
transporters must comply with the provisions of 40 CFR 263.20 (d).
K. Transporters of hazardous wastes to foreign countries must comply with 40 CFR 263.20
(g).
L.
These rules and regulations as applied to transporters of hazardous waste by water (bulk
shipment) are modified by 40 CFR 263.20 (e) and 40 CFR 263.22 (b).
M. These rules and regulations as applied to transporters of hazardous wastes by rail are
modified by 40 CFR 263.20 (f) and 40 CFR 263.22 (c).
N. Hazardous waste transporters using the waste automotive oil manifest shall provide
receipts to the generator indicating the name of the transporter, the date of the shipment,
the estimated quantity of waste oil, and its destination.
O. Transporters hauling septage shall maintain records indicating the source and estimated
volume of septage picked up, the date of shipment, and the receiving publicly owned
treatment works (POTW). All septage waste must be delivered to a properly licensed
POTW for disposal, unless the Department has given written permission for an alternate
method of disposal.
6.04
Manifest Handling
A. The transporter of hazardous waste shall not accept any hazardous waste, except sanitary
septage or waste oil, unless the generator section of the manifest has been completed by
the generator. Hazardous waste transporters accepting waste automotive oil only may
use the waste automotive oil manifest in lieu of the hazardous waste manifest.
B.
The hazardous waste transporter shall inspect the waste before accepting the waste to
ensure the following:
1.
The number of containers match the number indicated in the generator section of
the manifest.
2.
All containers are labeled as required by Rule 5.04.
3.
The total quantity of waste, as can be best estimated, matches the quantity indicated
in the generator section of the manifest.
4.
That all containers appear sound and liquid tight.
C.
The hazardous waste transporter shall complete the transporter's section of the manifest,
sign the manifest, and leave the manifest copies referenced in Rules 5.03 (D) and 5.03
(E) with the generator.
35
D. The hazardous waste transporter shall keep the completed manifest, minus the copies
referred to in Rules 5.03 (D) and 5.03 (E), with the hazardous waste until received by
the consignee.
E.
The hazardous waste transporter will, upon receipt of the hazardous waste by the
consignee, remove the transporter copy for his records and turn over the remaining
copies to the consignee.
F.
Copy 5 of the Rhode Island manifest (or if another state’s manifest is used, the
appropriate copy to be retained by the transporter) shall be kept by the hazardous waste
transporter for a period of three years from the date of the receipt of that waste.
G. The hazardous waste transporter shall submit to the Director the names and signatures
of all company personnel who are allowed to sign manifests.
H. The hazardous waste transporter must deliver the hazardous waste only to the facility
designated on the manifest. If this is not possible, he must contact the generator for
further instructions and revise the manifest in accordance with the generator's
instructions.
I.
The hazardous waste transporter will obtain the date and signature of the facility
operator at the time of transfer of the waste to the facility.
J.
Copies of the waste automotive oil manifest shall be submitted to the Department on a
monthly basis.
K. 40 CFR 263.20(h) does not apply to hazardous waste transporters.
6.05
Record Keeping: The hazardous waste transporter shall keep all pertinent records relating
to the transportation of hazardous waste for a period of three years after the waste has been
delivered to a designated facility, or for such longer periods as is required in an unresolved
enforcement action.
6.06
Personnel, Equipment
A. The transporter of hazardous waste shall provide adequate personnel to ensure the
activities conducted are in compliance with all applicable laws and regulations.
B.
The hazardous waste transporter shall make provisions to prevent personnel from
wearing clothing that is contaminated with hazardous waste.
C.
The hazardous waste transporter shall have all equipment necessary for transporting the
hazardous waste in accordance with these rules and this equipment shall be on the
transportation unit, available to the driver, at all times. All equipment shall be
36
maintained in such a manner that it shall be fit for the purposes for which it was
intended by the manufacturer.
6.07
Inspections
A. The transporter must have each transportation unit listed on the application self
inspected annually prior to the receipt or renewal of the permit.
B.
The inspection shall include but not be limited to inspection of:
1.
Confirmation of United States Department of Transportation (USDOT) Motor
Carrier Safety Regulation vehicle inspection requirements per 49 CFR 396.17 and
Appendix G of Subchapter B.
2.
Proper identification of the transporter clearly painted on the transportation unit,
including permit number.
3.
Proper vehicle registration(s).
4.
Soundness of containment structure (tank, roll-off box trailer, etc.).
5.
Ability of tank or other liquid containers and any valves, hoses, pipes, etc., to hold
liquids without leaking.
6.
Prohibited roads posted (hazardous waste transporters only).
7.
Emergency procedure posted.
8.
Communication.
9.
Protective clothing.
10. Eyewash (at least one pint).
11. First-aid supplies.
12. Absorbent material.
13. Confirmation of USDOT tanker retesting and inspection (if applicable), as required
by 49 CFR 180.352.
14. Fire Extinguisher
15. Shovel
37
C.
The transporter shall maintain all transportation units used in transportation of
hazardous waste or septage waste, and listed on the application, to insure continual
compliance with all of the requirements of these rules and regulations.
6.08
Safety, Accidents
A. Hazardous waste transporters shall be equipped with such safety equipment as to
minimize chance of fire and explosion and to protect the health and safety of personnel
associated with the transportation of hazardous waste and any other person who might
come into contact with the waste.
B.
The transporter shall have safety equipment available for use during spills, fires and
other emergencies, including a suitable means of communication for summoning aid in
an emergency. The transporter shall have and maintain, but not be limited to, the
following safety equipment:
l.
Protective clothing and equipment to enable personnel associated with the
transportation to work safely with the wastes that are accepted by the transporter.
2.
One eyewash apparatus (at least one pint) per vehicle which is readily available in
case of emergency.
3. First-aid supplies which are readily available in case of emergency.
4. Absorbent Material.
5. Fire Extinguisher.
6. Shovel.
C.
The transporter shall make provisions for prompt control of fires, spills and other
emergencies.
1.
The transporter shall prepare procedures for personnel to follow in the case of spills
of hazardous waste and in the case of fire and other emergencies. The transporter
shall post these procedures in a conspicuous place in their transportation unit. In
addition, the hazardous waste transporter shall train and instruct personnel
associated with the transportation of hazardous waste in these procedures. The
hazardous waste transporter shall maintain records of the training and instruction
programs that are held.
2.
The hazardous waste transporter shall collect hazardous waste that is accidentally
discharged from a designated hazardous waste vehicle. The hazardous waste
transporter shall collect soil contaminated by such discharge. Such collection shall
be as rapid and thorough as possible. The hazardous waste transporter shall handle
38
and dispose of such waste and soil as hazardous wastes in compliance with these
rules and regulations.
3.
The hazardous waste transporter shall report immediately to the Rhode Island
Department of Environmental Management all accidental discharges/spills of
hazardous wastes, or any other incident or accident which results or could result in
a hazard to the public health and safety, or to the environment within the State of
Rhode Island. The hazardous waste transporter shall also comply with the
notification procedures and incident reports required by 49 CFR 171.15 and 171.16
regarding accidental discharge or spillage of hazardous materials or wastes. The
Director may require that a written report of the incident or accident be provided
to him.
6.09
Decontamination: Equipment used to handle hazardous waste; including, but not limited
to, storage containers, processing equipment, trucks and loaders that are contaminated with
hazardous waste; shall be decontaminated prior to being serviced or used for transportation
of non-hazardous waste if servicing or use of contaminated equipment would cause a hazard
to any person. Contaminated wash water, waste solutions or residues generated from
washing or decontaminating the equipment shall be collected and disposed of as hazardous
wastes in compliance with these rules.
6.10
Containerization of Hazardous Waste: The transporter of hazardous waste shall not handle
containerized hazardous waste unless the containers are constructed and maintained in
accordance with the requirements of Code of Federal Regulations, Title 49, Transportation,
Part 178.
6.11
Powder, Dust, Fine Solids: To prevent hazardous waste from being blown by the wind,
hazardous waste in the form of powder, dust or a fine solid shall be handled, stored and
disposed of in covered containers.
6.12
Gases, Mists, Vapors: Hazardous wastes that are capable of releasing hazardous gases,
mists or vapors in excess of existing air quality standards or where the emitted hazardous
materials could result in a hazard to public health and safety or the environment shall be
handled in covered containers.
6.13
Spill Control Equipment: The hazardous waste transporter, when transporting liquid
hazardous waste in containers, shall have absorbent mats or materials on the vehicles
capable of absorbing ten percent of the hazardous wastes in the event of a leak or spill. When
transporting liquid hazardous waste in tank trucks, the hazardous waste transporter shall
have a shovel and absorbent mats or materials on the vehicle capable of absorbing such
small leaks as may occur when hoses are disconnected.
39
6.14
Storage and Transfer Areas
A. Hazardous waste and waste oil storage and transfer areas shall be provided with
secondary containment capabilities equivalent to those required by 40 CFR 265.193 (e)
(1).
B.
Temporary storage of hazardous waste or waste oil in the transporting vehicle for up to
seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays,
as well as transfer operations, will only be allowed in locations included on the
application and at those locations which have been issued a Hazardous Waste
Transporter's Temporary Storage and/or Transfer Area Letter of Authorization. Such a
facility would not have to obtain a hazardous waste treatment and storage facility permit
as provided for in Section 7 of these regulations for any activities allowed in the Letter
of Authorization, but must operate the facility in accordance with any terms or
conditions included in the Letter. Letters of Authorization under this section must be
renewed annually, and are not transferable.
C.
Temporary storage of hazardous waste or waste oil in the transporting vehicle at the
location of a breakdown of the vehicle will only be allowed if the transporter notifies
the Department of the location of the vehicle and the estimated time for repairs.
D. All hazardous waste and waste oil storage activities, with the exception of those allowed
under 6.14 (B) and (C), will require a storage permit from the Department.
6.15
Inspection; Right of Entry
A. Pursuant to Title 23, Chapter 19.1, Section 12, "Inspections; Right of Entry", of the
General Laws of Rhode Island, 1996 Reenactment, as amended, the Director may:
1.
enter any hazardous waste management facility, or any place that the Director has
reason to believe hazardous wastes are generated, stored, treated, or disposed of;
2.
inspect vehicles which the Director has reasonable grounds to believe are being
used for the transportation of hazardous wastes;
3.
inspect and obtain samples of any waste or other substance, labels, containers of
waste or other substance, or samples from any portion of the facility and from any
vehicle in which hazardous wastes are transported or in which the Director has
reason to believe hazardous wastes are transported;
4.
inspect and copy records, reports, information, or test results kept or maintained at
a hazardous waste management facility.
B.
Any person obstructing or hindering, or in any way causing to be obstructed or hindered,
the Director from the performance of his duties, or who shall refuse to permit the
40
Director entrance to any premises, building, vehicle, plant or equipment, in the
performance of his duties, shall be guilty of a misdemeanor and fined not more than five
hundred dollars ($500.00).
7.00
ISSUANCE, RENEWAL AND CONDITIONS OF FACILITY PERMITS
These rules shall apply to treatment, storage and disposal facilities, excluding facilities which
accept, treat, and/or store only precious metal bearing waste. Precious metal bearing waste
facilities shall be subject to the requirements of 40 CFR 266 Subpart F.
7.01
A. Permits and Approvals - All persons who shall construct, substantially alter or operate
a hazardous waste treatment, storage or disposal facility or who shall treat, store or
dispose of hazardous waste must first obtain an operating permit or approval from the
Director for such activities and must have such permits during the active life of the
facility, and for any unit which closes after 26 January 1983, for any post-closure care
period required under these rules, except that the following shall not require a permit
or approval, nor shall the following be required to be in compliance with Rule 9 of these
regulations:
1.
The storage of hazardous waste on site by a generator in accordance with Rule 5.02
of these regulations.
2.
The re-use, recycling or reclamation of hazardous waste as referred to in Rule 3.32
of these regulations.
3.
The treatment of waste at facilities which neutralize and/or treat aqueous waste at
the site of generation where such treatment is subject to regulation under Section
402 or 307(b) of the Federal Clean Water Act and Section 46-12-5 of the General
Laws of Rhode Island, as amended, unless otherwise required by the Director,
except for those operations at the facility which are not covered by either of the
aforementioned laws.
Note: Any sludge or other waste materials generated from the treatment of such aqueous
waste must be managed as a hazardous waste if such sludge or waste material meets
the criteria of a hazardous waste.
4. The use of any totally enclosed treatment facility, per 40 CFR 270.1(c)(2)(iv).
5. The use of any elementary neutralization unit, per 40 CFR 270.1(c)(2)(v) and that
meets 40 CFR 265.1(c)(10) requirements.
6. The combining of waste and absorbent material in a container that meets 40 CFR
270.1(c)(2)(vii) requirements.
41
Note:
Rule 7.01 A.4-6 procedures must be carried out in systems where
equipment has been designed, engineered, and constructed so as to protect
human health and the environment, and complies with all other
requirements within OSHA standards.
B.
Permit Restrictions for Landfills and/or Incinerators
1.
Operating permits will be granted only for those incinerator or landfill facilities for
which the application can show, by a preponderance of evidence, will be located,
designed, constructed and operated so as to prevent all of the following:
a.
Endangerment of an underground drinking water source beyond the facility
boundary.
b.
Endangerment of an aquifer which has been designated by any federal or
Rhode Island state agency as a sole source aquifer.
c.
Contamination by discharge by any surface or sub-surface means causing a
violation of any rule or regulation or standard of any federal or Rhode Island
agency.
2.
Operating permits will not be granted for incinerator and/or landfill facilities which
are to be located or are located in a one hundred year flood plain, a wetland, the
direct recharge area of an existing or planned surface or groundwater community
water system, the direct recharge area of a sole source aquifer or a coastal high
hazard area, an active fault area or critical habitat.
3.
Operating permits will be granted only for those incinerator and/or landfill facilities
for which an easement is granted to the state of Rhode Island. This easement shall
be recorded in the land evidence records in the city or town in which the land is
located, shall describe the entire facility, and have as its purposes the identification
of the facility and its use as a hazardous waste disposal facility and the allowance
of access to the property by the Director for the purpose of inspection, testing and
investigations relating to protection of public health and the environment.
C.
Trial Burn Permits - The operator of an incinerator facility, prior to the receipt of an
operating permit for the incineration of hazardous waste, must obtain from the Director
a trial burn permit in accordance with the requirements of 40 CFR 270.62. Trial burn
plans, required by 40 CFR 270.62 must include a waste analysis in accordance with 40
CFR 264.341 and with the standards of 40 CFR 264.344.
D. Emergency Permits - The Director may, where he finds an imminent and substantial
endangerment to human health or the environment, issue a temporary emergency permit
to a non-permitted facility to allow the treatment, storage or disposal of hazardous waste
42
or to a permitted facility to allow the treatment, storage or disposal of hazardous waste
not covered by an effective permit, subject to the requirements of 40 CFR 270.61.
E.
Existing Facilities - Existing facilities, those in operation on or before 19 November
1980, may continue to operate with the approval of the Director, until the Department
renders a decision on their permit application. These facilities must be in compliance
with the standards of 40 CFR 265, except for the following:
In 40 CFR 265.191(a), 265.191(c), and 265.193, compliance relative to the January 12,
1988, July 14, 1986, and January 12, 1987 dates, respectively, is applicable only to a
tank system owned or operated by a small quantity generator or any tank system
(aboveground onground, inground, or underground) that cannot be entered for
inspection. Relative to a tank system that is not owned or operated by a small quantity
generator and which is a tank system (aboveground, onground, inground, or
underground) that can be entered for inspection, "January 12, 1988", "July 14, 1986"
and "January 12, 1987" shall be replaced with "December 1, 1992", wherever this date
occurs in 40 CFR 265.191(a), 265.191(c), and 265.193, respectively. Where the
sentence "If the facilities covered by the mechanism are in more than one Region,
identical evidence of financial assurance must be submitted to and maintained with the
Regional Administrators of all such Regions." appears in 40 CFR 265.143(g) and
265.145(g), replace it with the sentence "If the facilities covered by the mechanism are
in more than one State, identical evidence of financial assurance must be submitted to
and maintained with the State Agency regulating hazardous waste or with the
appropriate Regional Administrator if the facility is located in an unauthorized State".
Any facility in existence on the effective date of statutory or regulatory amendments that
render the facility subject to permitting requirements under these regulations shall be
considered an existing facility under this rule.
F.
Ocean Disposal and Underground Injection Control - Disposal of hazardous wastes
by ocean disposal and underground injection control (UIC) is prohibited.
G. Publicly Owned Treatment Works - The owner or operator of a publicly owned
treatment works which accepts hazardous waste for treatment is not required to apply
for a permit and is deemed to have a permit under this section provided that such owner
or operator complies with the requirements of 40 CFR 270.60 (c).
7.02
Permit Specifications: All permits shall specify the following:
A. The name and location of the facility.
B.
A complete description of the operations at the facility requiring a permit with particular
attention paid to any operational limitations and design capacity.
C.
A complete description of the hazardous wastes stored and/or treated at the facility.
D. All monitoring requirements including specified methods and equipment.
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E.
All reporting requirements of operational and monitoring activities.
7.03
Compliance Schedules
A. New facilities, those commencing operations after 19 November 1980, must be in
compliance with all of these rules and regulations prior to the receipt of an operating
permit.
B.
Existing facilities, those in operation on or before 19 November 1980, may receive a
permit prior to compliance with all of these rules and regulations only in those instances
where a compliance schedule is an integral part of the permit.
C.
Compliance schedules shall require compliance as soon as possible and shall, where
entire compliance exceeds one (1) year, establish interim compliance requirements for
periods less than one (1) year of duration.
D. Progress reports concerning interim compliance requirements shall be submitted to the
Director no later than fourteen (14) days following each period for which compliance
requirements were established.
7.04
Permit Posting: Any permit issued hereunder shall be the property of the State and loaned
to a permittee and shall be maintained on the facility and kept legible. The issuance of a
permit does not convey any property rights of any sort or any exclusive privilege.
7.05
Change of Ownership, Administration and/or Location:
A. Prior to a change in ownership of the facility or legal entity operating the facility or
location or discontinuance of services, the Director shall be notified.
B.
A permit shall immediately become void and shall be returned to the Director upon
change in location of any facility.
C.
A permit shall become voidable whenever there is any sale or change in ownership or
membership of the legal entity operating the facility. A new entity, prior to the
commencing of operation of the facility, shall submit to the Director information
indicating its technical ability to safely operate the facility, as well as its financial ability
to maintain said facility. This information shall also contain a proposed date for transfer
of permit responsibility, coverage, liability between current and new permittees, and any
additional information which the Director may request. After a review of this
information, the Director shall either approve or disapprove the transfer of the permit.
For existing facilities, the requirements of 40 CFR 270.72(a)(4) apply.
44
D. The original permittee shall remain fully liable under the terms of the permit and these
regulations until the new owner or operator has been transferred the operating permit
by the Director.
7.06
Approval for New Areas and/or Services
A. The permit shall apply only to the facility in operation at the time the permit is issued.
Minor modifications of permits as identified in 40 CFR 270.42 shall be subject to the
approval of the Department and requirements of the permit.
B.
Major permit modifications, as established in 40 CFR 270.41 shall require Department
approval and shall be considered by the Department only in accordance with the
limitations established by 40 CFR 270.41. A permittee's request for modifications shall
be treated as a permit application and subject to these rules and regulations and to
applicable portions of 40 CFR 124.3.
C.
The submission of any application for modification of a permit does not stay any permit
conditions.
D. Modifications of existing facilities operating under Rule 7.01 (E) shall only be made in
compliance with 40 CFR 270.72 (a) and (b), excluding 270.72(a)(1). The acceptance of
new hazardous wastes at existing facilities will only be allowed at the Director's
discretion.
7.07
Separate Permits
A. Separate permits shall be required for facilities which are located in separate
geographical areas even though they are under the same management.
B.
Separate permits may be issued for distinct parts of a facility which can be identified as
separate units.
7.08
Fees: The combined application and permit fee shall be twenty-five thousand dollars
($25,000) for the issuance of a new permit and ten thousand dollars ($10,000) for the
renewal of a permit. Any additional charges, if any, shall be determined by R.I.G.L. Section
23-19.1-14, as is or as shall be amended.
7.09
Issuance, Denial, Revocation or Suspension of Permits
A. The Director is authorized by R.I.G.L. 23-19.1-10 to issue, revoke, or suspend a permit,
or the Director may deny a permit. In doing so, the Director shall follow procedures
established by these rules and regulations and by the applicable portions of 40 CFR
124.3 and 124.5.
45
B.
No person shall construct, substantially alter, or operate any hazardous waste
management facility, nor shall any person store, transport, treat or dispose of any
hazardous waste, except as exempted by these regulations, without first obtaining a
permit from the Director for the facility or activity; nor shall any person accept or
deliver hazardous waste from or to any person who does not possess a permit for
hazardous waste management from the Director without the prior written approval of
the Director. This section shall not be construed to require permits for the generation of
hazardous waste.
C.
Permits issued under this section shall be issued pursuant to rules and regulations
promulgated by the Director under the authority of § 23-19.1-6. The Office of Waste
Management shall review the permit application and shall issue to the applicant a draft
permit upon finding the application acceptable, or shall issue a notice of intent to deny
an application for an unacceptable application per Rule 8.06. Within fifteen (15) days
following the issuance of the draft permit or the issuance of a notice of intent to deny
the application, the Office of Waste Management shall give public notice of an
informational workshop and public comment hearing pertaining to the draft permit or
the intent to deny the application. The public notice shall also be advertised on the radio
and published in a newspaper of general circulation in the area affected, and the Office
of Waste Management shall notify the applicant, all persons requesting the notification
in writing, all property owners within five hundred feet (500') of the perimeter of the site
of the facility by mail directed to the last known address, and the city or town in which
the hazardous waste management facility is located, including the mayor or town
manager and the town or city council president. The list of property owners within five
hundred feet of the site shall be provided to the Office of Waste Management by the
applicant. Public notices shall include information equivalent to that required by 40
CFR 124.10 (a) and (d) and be provided to those persons identified in 40 CFR 124.10
(c) (1). The Office of Waste Management shall also make available to the public
information equivalent to that required by 40 CFR 124.6 and 124.8. This draft permit
required by 40 CFR 124.6 shall be made available, and the fact sheet required by 40
CFR 124.8 shall be provided, to those persons identified in 40 CFR 124.10 (c) (1).
D. Within fifteen (15) days after the date of the public notice of issuing the draft permit or
the intent to deny the application, the Office of Waste Management shall hold an
informational workshop. The purpose of the informational workshop shall be to discuss
the type of facility or activity which is the subject of the draft permit or the intent to
deny the application; the type and quantity of wastes which are proposed to be managed,
processed and/or disposed; a brief summary for the basis for the draft permit or the
intent to deny the application; proposed permit conditions, including references to
applicable statutory or regulatory provisions; reasons why any requested variances or
alternatives to required standards do or do not appear justified; a description of the
procedures for reaching a final decision on the draft permit or the intent to deny the
application, which shall include the beginning and ending dates for the comment period
hereafter, the address where comments will be received, the nature of the public
comment hearing, and any other procedures by which the public may participate in the
46
final decision; and the name and telephone number of a person to contact for further
information.
E.
No earlier than sixty (60) days nor later than seventy-five (75) days following the initial
public notice of the issuance of the draft permit or tentative denial of the application, a
hearing shall be held for public comment. Comments from the applicant and/or any
interested persons shall be recorded at the public hearing. Written comments, which
shall be considered part of the record, may be submitted for thirty (30) days prior to the
public comment hearing and thirty (30) days following the close of the public comment
hearing, which shall constitute the public comment period.
F.
Within ninety (90) days after the close of the public comment period, the Office of
Waste Management shall issue or deny the permit or accept or deny the application, as
appropriate. The permit or denial of the permit, or acceptance or denial of the
application, as appropriate, shall be in writing and shall include a response to each
substantive public comment. In the case of a denial, the Office of Waste Management
will cite each statutory or regulatory requirement which the applicant did not satisfy.
Permits shall be issued only under conditions of proof of financial responsibility,
posting of surety bonds, evidence of adequate liability insurance, and/or such other
conditions as required by these regulations. The permit or its denial or the acceptance
or denial of the application, as appropriate, shall be sent to the applicant and a copy of
the same shall be sent to the municipality in which the facility or proposed facility is
located or proposed to be located.
G. Any interested person, as per R.I.G.L. 23-19.1-10(b)(5), may appeal the decision of the
Office of Waste Management to the Department’s Administrative Adjudication
Division, subject to that Division's rules and regulations and pursuant to the rules and
regulations established by the Director. All appeals must be in writing and must be filed
with the clerk of the Administrative Adjudication Division within thirty (30) calendar
days of receipt of the contested permitting action. All appeals shall be heard before
Division of Administrative Adjudication hearing officers.
H. Permits may be revoked or suspended upon the initiative of any interested third party,
but only for the causes identified in 40 CFR 270.41 or 270.43 or in R.I.G.L. 23-19.1-10.
I.
Whenever the Department determines that a permitted hazardous waste facility is not
in compliance with all of the appropriate rules and regulations established by the
Department, or that the permitted facility is not being operated in conformance with
approved plans or permit conditions, it may, in lieu of revocation of the permit of that
facility, order the permittee to take whatever corrective action is needed to secure
compliance with the rules and regulations established by the Department.
J.
Permits may not be issued, nor shall public notice of a draft permit be issued under Rule
7.09 (C), for any facility whose application does not contain all of the substantive
elements required by Rules 8.01-8.04, inclusive.
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7.10
Inspections
A. The Department shall make or cause to be made such inspections, take such tests and
samples and to make such investigations as it deems necessary.
B.
The Department or other designated authorized personnel shall conduct inspections and
shall have the right to enter without prior notice to inspect any hazardous waste
management facility for which an application has been received or for which a permit
has been issued. Any application shall constitute permission for or willingness to
comply with inspections, tests and investigations by the Director or his agents.
C.
The Department shall be afforded reasonable opportunity by the applicant or permittee
to view the facility, examine records, obtain such required information as may be
needed for inspection, testing and investigation, including the monitoring of any
substances, and require the submission of reports. Refusal to allow reasonable
inspections, tests or investigations or to submit reports shall constitute valid grounds for
denial or revocation of a permit. Records, reports and information acquired through
inspection, testing and investigation shall not be open to public inspection and their
contents shall not be disclosed by the Director, except in the performance of the
provisions of these rules and regulations or in the performance of his official duties.
7.11
Inspection Reports and Correction of Deficiencies
A. Hazardous waste facilities shall be given prompt notice by the Department of
deficiencies discovered as a result of an inspection, test or investigation.
B.
The permittee, upon notification, shall be responsible to take immediate reasonable steps
to minimize or correct any adverse impact on the environment resulting from non-
compliance and shall not use a defense in any legal action that it would have been
necessary to halt or reduce operations in order to maintain compliance.
7.12
Duration of Permits: Permits for hazardous waste facilities shall be issued for a period not
to exceed five (5) years and may be extended or renewed by the Director for a period not to
exceed ten (10) years from the date upon which the original permit was effective. A new
permit is required at the end of the ten-year period and a complete application for that permit
must be received prior to 180 days from the expiration date of the present permit.
7.13
Renewal of Permits:
A. The Office of Waste Management shall hold a public comment hearing, prior to renewal
of any permit.
B.
Within fifteen (15) days following the preparation of a draft renewal permit, the Office
of Waste Management shall give notice of the preparation of a draft renewal permit and
48
a public comment hearing. Such notice shall be published in a newspaper of general
circulation in the area affected, and shall notify the applicant, all persons requesting
such notification in writing and all property owners within five hundred feet (500') of
the perimeter of the site of the facility by mail directed to the last known address, and
the city or town in which the hazardous waste management facility is located, including
the mayor or town manager and the city or town council president. The list of property
owners within five hundred feet of the site shall be provided to the Office of Waste
Management by the applicant. The notice shall at least include the beginning and ending
dates for the comment period hereafter, the address where comments will be received,
and the name and telephone number of a person to contact for further information.
C
No earlier than sixty (60) days nor later than seventy-five (75) days following the public
notice of the preparation of a draft renewal permit, a hearing shall be held for public
comment. Comments from the applicant and/or any interested persons shall be recorded
at the public hearing. Written comments, which shall be considered part of the record,
may be submitted for thirty (30) days prior to the public comment hearing and thirty
(30) days following the close of the public comment hearing, which shall constitute the
public comment period.
D. Within ninety (90) days after the close of the public comment period, the Office of
Waste Management shall issue or deny the renewal permit. The renewal permit
(including any changes in permit conditions) or denial shall be in writing and shall
include a response to each substantive public comment. In the case of a denial, the
Office of Waste Management will cite each statutory or regulatory requirement which
the applicant did not satisfy. Renewal permits shall be issued only under conditions of
proof of financial responsibility, posting of surety bonds, evidence of adequate liability
insurance, and/or such other conditions as required by these regulations. The renewal
permit or the denial shall be sent to the applicant and a copy of the same shall be sent
to the municipality in which the facility or proposed facility is located or proposed to
be located.
E. A renewal (extension) of a RCRA permit by the Director is considered by EPA to be
equivalent to a Class 3 permit modification and the Office of Waste Management also
shall follow any additional requirements specified for Class 3 permit modifications in
40 CFR Parts 270.42(c).
8.00
GENERAL REQUIREMENTS FOR ALL FACILITIES
8.01
Application Requirements
A. All applications for permits or approvals shall be submitted to the Department's Office
of Waste Management and be accompanied by plans and specifications which
adequately describe the facility. Additional copies may be required by the Department.
49
B.
All applications must be signed by the operator in accordance with the provisions of 40
CFR 270.11. In instances where the applicant is not the owner of the facility, the
application must be co-signed by the owner.
C.
All applications must include a statement, signed by the same person(s) who signs the
application, that the signatory(ies) certify(ies) the accuracy of all information contained
within the application and makes himself subject to any penalties for inaccurate
statements. The certification must contain wording equivalent to that provided for in 40
CFR 270.11 (d).
D. The individual signing the application for the operator will also be required to sign any
reports associated with the permit.
E.
A list of all owners of property, including addresses, within 500 feet of the perimeter of
the facility must be included.
F.
The applicable requirements for the particular type of facility equivalent to those found
in 40 CFR 270.17-21 must be included.
G. Information must be submitted regarding protection of groundwater equivalent to that
required by 40 CFR 270.14 (c) for the appropriate type facility.
H. All applications for new facilities must be submitted to the Director at least 180 days
prior to the expected commencement date of physical construction.
I.
Upon receipt of an application for a new facility, the Office of Waste Management shall
notify both the chief executive officer and the city or town council president of the
municipality in which the facility is proposed to be located of the receipt of such
application.
J.
40 CFR 270.10(e)(iii) does not apply in the state of Rhode Island.
8.02
Documentation of Ownership: Each application shall be accompanied by a list of the direct
and indirect owners of the facility whether individual, partnership or corporation. If a
corporation, the list shall include all officers, directors and other persons owning ten percent
(10%) or more of the corporate stock.
8.03
General Plan Requirements: All required plans shall be stamped by a professional engineer
or land surveyor, as appropriate, registered with the State of Rhode Island. The plans shall
be scaled to fit a standard 24 x 36 inch sheet wherever possible and shall be submitted in
duplicate.
8.04
Plans and Specifications: Each application shall include the following plans and
specifications:
50
A. A copy of the latest U. S. Geological Survey Topographical Map with the facility
outlined on the survey.
B.
A site plan drawn to a minimum scale of one inch equals one hundred feet showing the
following:
1.
On site
- All structures
- Location of operational units
- Access control
2.
Within 500 feet of the perimeter of the facility
- All property lines
- All water lines
3.
Within 1,000 feet of the perimeter of the facility
- Extent of the one hundred year flood plain, where applicable
- Water courses
- Watersheds of public surface water supplies
- Public and private drinking water supply wells
- Contours sufficient to show patterns of surface drainage
- Barriers for drainage or flood control
- Land uses
4.
A wind rose
5.
North arrow
6.
Map scale and date
C.
The EPA Identification Number (I.D. No.). For facilities covered by the federal system,
this number must be obtained from the regional office of the Environmental Protection
Agency. For facilities not covered under the federal system, this number must be
obtained through the Department.
D. Photographs of existing facilities.
E.
The name, address and telephone number of the operator of the facility.
F.
A description of the facility including processes to be used and design capacities.
51
G. A groundwater monitoring plan capable of determining the facility's impact on the
groundwater in the uppermost aquifer underlying the facility. This plan must supply
information equivalent to that required by 40 CFR 264.90-100. The Director may waive
this rule upon written request of the operator where documented and demonstrated
evidence is provided that any leakage or spillage of hazardous waste to the ground will
be minimized to the greatest extent possible.
H. A chemical and physical analysis of the hazardous wastes to be handled including the
amounts of each waste and any handling information that should be known to properly
handle waste in accordance with the provisions of 40 CFR Part 264.
I.
A copy of the waste analysis plan equivalent to the requirements of 40 CFR 264.13.
J.
A description of the security procedures and equipment required equivalent to the
provisions of 40 CFR 264.14.
K. A copy of the general inspection schedule equivalent to that required by 40 CFR
264.15.
L.
A description of the preparedness and prevention plans equivalent to that required by
40 CFR 264 Subpart C.
M. A copy of the contingency plan equivalent to that required by 40 CFR 264 Subpart D.
N. A description of procedures, structures or equipment used to:
1.
Prevent hazards in unloading.
2.
Prevent runoff from hazardous waste handling areas.
3.
Prevent contamination of water supplies.
4.
Mitigate effects of equipment failures and power outages.
5.
Prevent undue exposure of personnel to wastes.
O. A description of precautions to prevent accidental ignition or reaction if handling
flammable, reactive and/or incompatible wastes or materials.
P.
The traffic pattern, estimated volume and control.
Q. An outline of the introductory and continuing training programs by operators equivalent
to that required by 40 CFR 264.16 to prepare personnel to operate or maintain the
facility in a safe manner including a brief description of how training will be designed
to meet actual job tasks in accordance with requirements.
52
R.
A copy of the closure plan that is in compliance with the requirements of 40 CFR 264
Subpart G and 40 CFR 270.14 (b) (13).
S.
The longitude and latitude of the facility.
T.
A closure cost estimate for the facility plus a copy of the financial assurance mechanism
and a copy of the insurance policy or other documentation showing the amount of
insurance carried by the facility per the requirements of 40 CFR 264 Subpart H and 40
CFR 270.14 (b) (15) & (16), except as follows:
Where the sentence "If the facilities covered by the mechanism are in more than one
Region, identical evidence of financial assurance must be submitted to and maintained
with the Regional Administrator of all such Regions." appears in 40 CFR 264.143(h)
and 264.145(h), replace it with the sentence "If the facilities covered by the mechanism
are in more than one State, identical evidence of financial assurance must be submitted
to and maintained with the State Agency regulating hazardous waste or with the
appropriate Regional Administrator if the facility is located in an unauthorized State.".
The wording of documents required under Subpart H must be identical to the wording
specified in 40 CFR 264.151, except that the following substitutions must be made:
Where the 40 CFR 264.151 wording says:
Substitute:
United States Environmental Protection Agency
Rhode Island Department of Environmental
Management
EPA1
DEM
United States Government2
State of Rhode Island
EPA Regional Administrator or Regional Administrator3
Director
Region(s) in which the facility(ies) is (are) located
(delete)
Appropriate (when used with Regional Administrator)
(delete)
Identical (used in certifying language)
Equivalent
Resource Conservation and Recovery Act
Hazardous Waste Management Act of 1978
RCRA
HWMA
1Except when used in "EPA identification number" and when used in "EPA and/or a state".
2Except when referring to securities issued by the U. S. Government.
3Except wherever 40 CFR 264.151 requires that owners and operators notify several Regional
Administrators of their financial obligations, the owner or operator shall notify both the Director and
all Regional Administrators of Regions which are affected by the owner or operator's financial
assurance mechanisms.
U. For facilities that store containers of hazardous waste:
1.
The information required by 40 CFR 264.175 including a description of the
containment system showing that the design and construction is in conformance
with 40 CFR 264.175 (a) and including:
a.
Basic design parameters, dimensions and materials of construction.
53
b.
How the design promotes drainage or how containers are kept from contact
with standing liquids.
c.
Capacity of containment system.
d.
Provisions for run-off control/prevention.
e.
How accumulated liquids can be analyzed and removed to prevent overflow.
2.
Sketches, drawings or data demonstrating compliance with 1, above.
3.
Where incompatible wastes are stored or otherwise managed in containers, a
description of the procedures used to ensure compliance with 40 CFR 264.177.
4.
Where flammable or reactive wastes are stored, a description of procedures used
to ensure compliance with 40 CFR 264.176.
V. For facilities that use tanks to store or treat hazardous waste, a description of the design
and operating procedures that are equivalent to the requirements of 40 CFR 264 Subpart
J and 270.16.
W. A description of the manifest handling procedures of the facility.
X. An identification as to whether the facility is located in the 100 year flood plain.
Y. An indication of whether the facility is new or existing and whether the application is
new or revised.
8.05
Flood Plain Operations: The application must describe how treatment and storage facilities
located in the 100 year flood plain will be designed, constructed and operated in accordance
with standards equivalent to those of 40 CFR 264.18 (b).
8.06
Application Deficiencies:
A. For any application deemed deficient by the Department, the application shall be
returned to the applicant, with a concise statement of the deficiencies.
B.
The Director may deny an application and not issue a draft permit, if the applicant does
not adequately respond to Department-identified application deficiencies.
C.
The applicant may appeal the Director's decision to deny the application and not issue
a draft permit to the Department's Administrative Adjudication Division. The appeal
must be in writing and must be filed with the clerk of the Administrative Adjudication
Division within thirty (30) calendar days of receipt of the contested application action.
54
9.00
OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE AND
DISPOSAL FACILITIES
These rules, except Rules 9.16 and 9.20, apply to all facilities.
9.01
Notices
A. The owner or operator of a facility receiving hazardous wastes from a foreign source
must notify the U. S. Environmental Protection Agency Regional Administrator in
writing at least four (4) weeks in advance of the date each shipment is expected at the
facility.
B.
The owner or operator of a facility receiving hazardous wastes from an off-site source
(except where the operator is also the generator) must inform the generator in writing
that he has the appropriate permit(s) for, and will accept, the waste the generator is
shipping. The operator must keep a copy of this written notice as part of the operating
record.
9.02
Waste Analysis: The owner or operator of the facility must maintain and comply with the
waste analysis plan submitted as part of his application in accordance with Rule 8.04 (I) of
these rules and regulations and in accordance with 40 CFR 264.13.
9.03
Groundwater Monitoring: The owner or operator of the facility must maintain and comply
with the groundwater monitoring plan required by Rule 8.04 (G) of these rules and
regulations and 40 CFR 264.90 -100, unless this requirement has been waived by the
Director on the basis of the criteria in 40 CFR 264.90 (b) (3) and (4).
9.04
Security: The owner or operator of the facility must maintain a security program equivalent
to 40 CFR 264.14.
9.05
Inspection: The owner or operator of the facility must maintain an inspection program
equivalent to 40 CFR 264.15.
9.06
Personnel Training: The owner or operator of the facility must provide for and maintain
records of personnel training in a manner equivalent to 40 CFR 264.16.
9.07
Flammable, Reactive or Incompatible Wastes: The owner or operator of the facility must
take precautions to prevent the accidental ignition or reaction of flammable, reactive or
incompatible wastes or materials equivalent to those described in 40 CFR 264.17 and
Subpart C.
9.08
Preparedness and Prevention: The facility owner or operator must comply with
preparedness and prevention requirements equivalent to those in 40 CFR 264 Subpart C.
55
9.09
Contingency Plan and Emergency Procedures: The facility owner or operator must
complete a contingency plan as required by 40 CFR 264 Subpart D and comply with the
conditions thereof.
9.10
Manifests: The facility owner or operator must not accept any hazardous waste without a
completed Rhode Island Uniform Hazardous Waste Manifest, or a completed generator’s
state manifest for hazardous waste from any generator whose state has a manifest reciprocity
protocol with Rhode Island, and must process the manifest according to standards equivalent
to 40 CFR 264.71. (Note: a facility accepting waste that is a hazardous waste in the
generator’s state, but is not a hazardous waste in Rhode Island, shall require use of the
generator’s state manifest, including generators located in states not having manifest
reciprocity protocols with Rhode Island.) The facility owner or operator must report to the
Director the attempted delivery of all unmanifested hazardous waste in accordance with 40
CFR 264.76. The facility owner or operator may use Uniform Hazardous Waste Manifest
Continuation Sheets (EPA Form 8700-22A), provided that the state in which the generator
is sited also approves of its use. Facilities desiring to use these continuation sheets shall
create them in accordance with federal specifications. After signing the manifest, the owner
or operator must mail a copy to the Department, a copy to the state where the waste was
generated and a copy to the generator within five days of receipt, or sooner if required by
another state. A copy must be retained for his records. With respect to sending a copy of the
manifest to the Department, the owner or operator may alternately satisfy this requirement
by submitting the information on the manifest electronically to the Department in a format
acceptable to the Department and in a time frame greater than five days but not less than
quarterly. The facility shall also submit to the Department a quarterly report for all manifests
received in that quarter in an electronic format acceptable to the Department. This
submission shall include a written statement attesting to the accuracy and completeness of
the information. This quarterly report shall include the following data for each manifest:
. Manifest number
. Generator EPA ID Number
. Generator Name
. Transporter(s) EPA ID Number
. Transporter(s) Name
. Waste Codes
. Waste Description
. Waste Quantity
. Date of Generation
9.11
Discrepancy Reports: The facility owner or operator must handle manifest discrepancies
in a manner equivalent to that described in 40 CFR 264.72.
9.12
Operating Records: The facility owner or operator must maintain an operating record
equivalent to that described in 40 CFR 264.73. For storage facilities this information must
56
include, but is not limited to, a record of wastes received and wastes shipped, cross-
referenced by manifest document number.
9.13
Record Availability: The facility owner or operator must make available to the Director,
upon request, all records including those required by 40 CFR 270.10 (i) which the Director
feels pertinent to the enforcement of these rules and regulations, and the facility operator
must maintain these records on file for a minimum of three (3) years. In the event of
unresolved enforcement actions, the records must be maintained until released by the
Director. Upon closure, these records, including those showing waste disposal locations,
must be submitted to the local land authority and to the Director.
9.14
Biennial Report: The facility owner or operator must prepare and submit to the Director a
biennial report in accordance with the dates and containing information equivalent to that
required by 40 CFR 264.75.
9.15
Authorized Agents: The facility owner or operator shall submit to the Department the names
and signatures of all agents of the operator authorized to sign the manifest.
9.16
Closure and Post Closure: The facility owner or operator must close his facility, except
incinerators and certain land disposal facilities, in accordance with the closure plan and in
a manner equivalent to that required by 40 CFR 264 Subpart G.
9.17
Financial Requirements: The facility owner or operator must meet the financial
requirements per 40 CFR 264 Subpart H using the wording contained in Rule 8.04 of these
rules and regulations. Facility owners or operators choosing the trust fund described in 40
CFR 264.143 (a) must, for new facilities, deposit the full amount of the closure cost estimate
when the trust fund is established or, for existing facilities, deposit the full amount within
one year from the effective date of this rule.
9.18
Container Condition and Labeling
A. The facility owner or operator must manage containers in a manner equivalent to 40
CFR 264 Subpart I.
B.
The facility owner or operator must make certain that the side of all hazardous waste
containers of 110 gallons or less have attached a label with information as required by
Rule 5.04 (C) of these rules and regulations.
9.19
Tank Construction, Design and Operation: Tanks used for the storage and/or treatment
of hazardous wastes must be designed, constructed, and operated in a manner equivalent to
that required by 40 CFR 264 Subpart J except that in 40 CFR 264.191(a), 264.191(c), and
264.193, compliance relative to the January 12, 1988, July 14, 1986 and January 12, 1987
dates, respectively, applies only to a tank system owned or operated by a small quantity
generator or any tank system (aboveground, onground, inground, or underground) that
cannot be entered for inspection. Relative to a tank system that is not owned or operated by
57
a small quantity generator and which is a tank system (aboveground, onground, inground,
or underground) that can be entered for inspection, "January 12, 1988", "July 14, 1986", and
"January 12, 1987" shall be replaced with "December 1, 1992", wherever this date occurs
in 40 CFR 264.191(a), 264.191(c), and 264.193, respectively.
9.20
Flood Plain Location: Owners and operators of all treatment and storage facilities located
in the 100 year flood plain must, if applicable, comply with the procedures identified in Rule
8.05 of these rules and regulations.
9.21
Initiator: Owners and operators of facilities that initiate a hazardous waste shipment must
comply with Rules 5.00 - 5.11 of these rules and regulations.
9.22
Other Reports: The owner or operator must report to the Director, in addition to the reports
required by Rules 9.11 and 9.14 of these rules and regulations, all reports required by 40
CFR 264.77.
9.23
Proper Operation and Maintenance: The permittee shall at all times properly operate and
maintain the facility to achieve compliance with these rules and regulations. This includes
adequate financing, staffing, training, laboratory and process controls and adequate back-up
systems where necessary.
10.00 LAND DISPOSAL FACILITIES
These rules apply only to land disposal facilities.
10.01 Design and Operational Requirements
A. Land disposal facilities must be designed, operated and maintained in accordance with
the appropriate standards of 40 CFR 264 and these rules and regulations.
B.
Surface impoundments must be designed, operated and maintained in accordance with
the standards of 40 CFR 264.221 - .230, 265.221, and 265.229.
C.
Waste piles must be designed, operated and maintained in accordance with the standards
of 40 CFR 264.250 - .258.
D. Land treatment facilities must be designed, operated and maintained in accordance with
the standards of 40 CFR 264.270 - .282, 265.272, and 265.273.
E.
1.
Landfills must be designed, operated and maintained in accordance with the
standards of 40 CFR 264.300 - .316, 265.301, 265.310, and 265.315.
2.
Landfills must also be located, designed and constructed in accordance with the
following:
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a.
Landfills shall be designated as Class I, Class II, Class IIIA or Class IIIB.
b.
All landfills shall be designed and constructed to meet the following minimum
requirements.
(i) There shall be a minimum distance of 500 feet between any active portion
of the facility and any surface body of water and any wetland.
(ii) The bottom liners shall be installed with a minimum slope of two percent
and lead to collection sumps at all low points.
(iii) The boundaries of all active portions shall be at least 500 feet from any
private water supply or livestock water supply.
(iv) Erosion, landslides and slumping shall be minimized.
(v) Separate cells shall be provided for incompatible wastes.
(vi) There shall be gas collection and venting systems to prevent the lateral
movement of gases generated within the landfill and to prevent the
accumulation of these gases with confined structures on or adjacent to the
landfill area.
3.
Class I Landfills shall be located only in "Till" areas as identified on the Ground
Water Maps prepared by the United States Geological Survey and shall include in
the design the following:
a.
A two liner system installed on the bottom and all sides of any disposal area
consisting of two membrane liners.
b.
A leachate monitoring, collection and removal system installed above the top
liner which consists of soils at least three feet thick and which allows leachate
to move rapidly through the soils and collect in sumps.
c.
A minimum of six inches of sand immediately overlaying and under the
membrane liner.
d.
Membrane liners which meet the following requirements:
(i)
Be of adequate strength and thickness to ensure mechanical integrity and
have a minimum thickness of 30 mils.
(ii) Be resistant to attack from soil bacteria and fungi.
59
(iii) Has ample weather resistance to withstand the stress of extreme heat,
freezing and thawing.
(iv) Has adequate tensile strength to elongate sufficiently and withstand the
stress of installation and/or use of machinery and equipment.
(v) Be of uniform thickness, free from thin spots, cracks, tears, blisters and
foreign particles.
(vi) Be placed on a stable base.
(vii)Has a permeability less than or equal to 1 x 10-12cm/sec or its equivalent.
(viii)Be seamed in a manner which does not adversely affect any property of
the membrane.
4.
Class II Landfills may be located in either "Till" areas or "Outwash" areas as
identified on the Ground Water Maps prepared by the United States Geological
Survey and shall be of the same design as Class I Landfills.
5.
Class III Landfills may be located in either "Till" areas or "Outwash" areas as
identified on the Ground Water Maps prepared by the United States Geological
Survey. Class III Landfills located in "Outwash" areas and Class III Landfills
located in "Till" areas shall meet the requirements of Rule 10.01 of these rules and
regulations and 40 CFR 264.301 and 264 Subpart F.
F.
The Director may approve a design that affords protection equivalent to any of the
classes in Rule 10.01 (E) of these rules and regulations. Prior to approving an equivalent
design, the Director shall prepare a written opinion which shall compare and evaluate
the proposed equivalent design with the requirements of the appropriate class and shall
state his reasons for approving the proposed equivalent design. This written report shall
be made available to the public prior to the public hearing required by Rule 7.09 (B) and
(E).
G. Class I Landfills may not accept "Type 6 - Extremely Hazardous Waste", "Type 2A -
Highly Reactive Waste", and "Type 3A - Highly Flammable Waste".
H. Class II Landfills may not accept "Type 6 - Extremely Hazardous Waste", "Type 1A -
Highly Toxic Waste", "Type 2A - Highly Reactive Waste", "Type 2B - Moderately
Reactive Waste", "Type 3A - Highly Flammable Waste", "Type 3B - Moderately
Flammable Waste", and "Type 5 - Rhode Island Special Waste".
I.
Class III Landfills may not accept "Type 6 - Extremely Hazardous Waste", "Type 1A
- Highly Toxic Waste", "Type 1B - Moderately Toxic Waste", "Type 2A - Highly
Reactive Waste", "Type 2B - Moderately Reactive Waste", "Type 3A - Highly
60
Flammable Waste", "Type 3B - Moderately Flammable Waste", and "Type 5 - Rhode
Island Special Waste".
10.02 Closure and Post Closure: The facility operator must close his facility in accordance with
the closure plan and in a manner equivalent to that required by 40 CFR 264 Subpart G and
whichever is applicable of 40 CFR 264.228, 264.258, 264.280 or 264.310.
11.00 INCINERATOR FACILITIES
These rules apply only to incinerator facilities as determined by 40 CFR 264.340 (a).
11.01 Design and Operational Requirements
A. The owner or operator of incinerator facilities must design, operate and maintain them
in accordance with the standards of 40 CFR 264.344 and 264.345.
B.
The owner or operator of incinerator facilities must design, operate and maintain them
so that when operating they will achieve the destruction and removal efficiency and
performance identified in 40 CFR 264.343.
C.
The owner or operator must identify the principal organic hazardous constituents
(POHCs) in each waste stream of the trial burn plan required by Rule 7.01 (C) and must
treat each to the extent required by 40 CFR 264.343.
D. The owner or operator of the facility must close his facility in accordance with the
closure plan and in a manner equivalent to that required by 40 CFR 264 Subpart G and
40 CFR 264.351.
E.
The owner or operator of the facility must maintain a monitoring and inspection
program equivalent to the requirements of 40 CFR 264.347.
11.02 Regulation Exemptions: The owners or operators of incinerator facilities operated
exclusively for the incineration of hazardous wastes described in 40 CFR 264.340 (b) and
(c) need not comply with Rules 11.01 and 6.03 of these rules and regulations.
12.00 MISCELLANEOUS UNITS
These rules apply to miscellaneous units as defined in 40 CFR 260.10.
12.01 General and Operational Requirements: Miscellaneous units must comply with all
applicable sections of Rules 8.00 and 9.00, as are or as amended.
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12.02 Additional Regulations for Miscellaneous Units: All miscellaneous units must comply with
the requirements of 40 CFR 264 Subpart X and 40 CFR 270.23.
13.00 UNIVERSAL WASTE
13.01 Requirements for Universal Waste: The wastes listed in this rule are exempt from
regulation under 40 CFR 262 through 270 except as specified in 40 CFR 273 and, therefore
are not fully regulated as hazardous waste. The wastes listed in this rule are subject to
regulation under 40 CFR Part 273:
A. Batteries as described in 40 CFR 273.2
B.
Pesticides as described in 40 CFR 273.3
C.
Thermostats as described in 40 CFR 273.4
D. Cathode ray tubes (including the display devices containing the cathode ray tubes) as
described in Rule 13.02 of these regulations.
E.
Mercury-containing devices as described in Rule 13.03 of these regulations.
F.
Mercury-containing lamps as described in Rule 13.04 of these regulations.
13.02 Applicability – Cathode ray tubes: The requirements of 40 CFR Part 273 apply to persons
managing cathode ray tubes, as defined in these Rules. The requirements of 40 CFR Part 273
do not apply to persons managing the following cathode ray tubes:
A. Cathode ray tubes that are not yet wastes under 40 CFR 261: Rule 13.02(C) describes
when cathode ray tubes become wastes.
B. Cathode ray tubes that are not hazardous waste: A cathode ray tube is a hazardous waste
if it exhibits one or more of the characteristics identified in 40 CFR part 261, Subpart
C.
C.
Generation of Waste, Cathode ray tubes: A waste cathode ray tube is a hazardous waste
if it exhibits one or more of the characteristics identified in 40 CFR part 261, Subpart
C. A used cathode ray tube becomes a waste on the date it is discarded. An unused
cathode ray tube becomes a waste on the date the handler decides to discard it.
13.03 Applicability – Mercury-containing devices: The requirements of 40 CFR Part 273 apply
to persons managing mercury-containing devices, as defined in these Rules. The
requirements of 40 CFR Part 273 do not apply to persons managing the following mercury-
containing devices:
A. Mercury-containing devices that are not yet wastes under 40 CFR 261: Rule 13.03(C)
describes when mercury-containing devices become wastes.
62
B.
Mercury-containing devices that are not hazardous waste: A mercury-containing device
is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR
part 261, Subpart C.
C.
Generation of Waste, Mercury-containing devices: A waste mercury-containing device
is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR
part 261, Subpart C. A used mercury-containing device becomes a waste on the date it
is discarded. An unused mercury-containing device becomes a waste on the date the
handler decides to discard it.
13.04 Applicability - Mercury-containing lamps: The requirements of 40 CFR Part 273 apply
to persons managing mercury-containing lamps, as defined in these Rules. The requirements
of 40 CFR Part 273 do not apply to persons managing the following mercury-containing
lamps:
A. Mercury-containing lamps that are not yet wastes under 40 CFR 261: Rule 13.04(C)
describes when mercury-containing lamps become wastes.
B.
Mercury-containing lamps that are not hazardous waste: A mercury-containing lamp is
a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR
part 261, Subpart C.
C.
Generation of Waste, Mercury-containing lamps: A waste mercury-containing lamp is
a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR
part 261, Subpart C. A used mercury-containing lamp becomes a waste on the date it is
discarded. An unused mercury-containing lamp becomes a waste on the date the handler
decides to discard it.
13.05 Requirements for Universal Waste Handlers and Transporters: The following applies
to universal waste handlers and universal waste transporters, relative to the universal wastes
listed in Rule 13.01:
A. The requirements of 40 CFR 264 and 40 CFR 265 do not apply, when handling these
wastes.
B.
These handlers and transporters are exempt from 40 CFR 268.7 and 268.50, for these
hazardous wastes.
C.
These handlers and transporters are not required to obtain a RCRA permit in order to
manage these wastes.
D. These handlers and transporters are subject to regulation under 40 CFR 273.
13.06 Standards For Universal Waste Management:
63
40 CFR Part 273 is incorporated by reference in its entirety except as otherwise provided in
these Rules. (See also definition of "EPA" for portions of the CFR where "EPA" is replaced
by "Department").
A. 40 CFR 273.1 – Scope. The provisions are incorporated by reference with the following
changes to 273.1(a):
1. add “(4) Cathode ray tubes as defined in these Rules.”
2. add “(5) Mercury-containing devices as defined in these Rules.”
3. add “(6) Mercury-containing lamps as defined in these Rules.”
B. 40 CFR 273.5 – Applicability–household and conditionally exempt small quantity
generator waste.
40 CFR 273.5 is not incorporated by reference. Instead, the following provisions shall
apply:
(1)(a) Persons who are household hazardous waste collection facilities, as described in
Rule 5.00, and who handle wastes of the types described in Rule 3.86, shall either
handle those wastes in compliance with all requirements applicable to hazardous waste
generators as provided in Rule 5.00 or shall handle those wastes as universal wastes per
the requirements of this part.
(1)(b) Persons who generate household waste as defined in 40 CFR 261.4(b)(1) and who
generate wastes of the types described in Rule 3.86 shall either handle those wastes as
non-hazardous solid wastes or as universal wastes per the requirements of this part.
(1)(c) Persons who are federal conditionally exempt small quantity generators as
defined in 40 CFR 261.5 and who generate wastes of the types described in Rule 3.86
shall either handle those wastes in compliance with the requirements of 40 CFR 261.5
or shall handle those wastes as universal wastes per the requirements of this part.
(2) Persons who commingle regulated universal wastes with wastes of the types
described in Rule 3.86 from households or from federal conditionally exempt small
quantity generators, shall handle the commingled wastes as universal wastes per the
requirements of this part.
C.
40 CFR 273.6 – Definitions. The provisions are incorporated by reference with the
following changes:
1. replace the definition of “Large Quantity Handler of Universal Waste” with the
Rule 3.50 definition.
2. replace the definition of “Small Quantity Handler of Universal Waste” with the
Rule 3.71 definition..
3.
add to the definition of “Universal Waste” “(d) Cathode ray tubes as defined in
these Rules.”
64
4.
add to the definition of “Universal Waste” “(e) Mercury-containing devices as
defined in these Rules.”
5. add to the definition of “Universal Waste” “(f) Mercury-containing lamps as
defined in these Rules.”
D. 40 CFR 273.11 – Prohibitions. The provisions are incorporated by reference with the
following changes:
1. add “(c) Prohibited from crushing or intentionally breaking universal waste.”
2. add “(d) Prohibited from managing a significant number of broken items of
universal waste of any given type on any day as universal waste. An insignificant
number of items of unintentionally broken waste may be managed as universal
waste, provided that they are immediately managed to prevent releases of any
universal waste or component of universal waste to the environment, per the
requirements of these universal waste regulations .”
E.
40 CFR 273.13 - Waste Management. The provisions are incorporated by reference
with the following changes:
1.
add “(d) Universal waste cathode ray tubes. A small quantity handler of universal
waste must manage universal waste cathode ray tubes in a way that prevents
releases of any universal waste or component of a universal waste to the
environment, as follows:
(1). A small quantity handler of universal waste must contain any universal waste
cathode ray tube that shows evidence of breakage, leakage, spillage, or damage that
could cause the release of glass particles under reasonable foreseeable conditions
in a container. The container must be closed, structurally sound, compatible with
the contents of the cathode ray tubes, and must lack evidence of breakage, leakage,
spillage, or damage that could cause the release of glass particles under reasonably
foreseeable conditions.
(2). A small quantity handler of universal waste must contain unbroken cathode ray
tubes in packaging that will minimize breakage during normal handling conditions.
(3). A small quantity handler of universal waste must contain cathode ray tubes in
packaging that will minimize releases of tube fragments and residues.
(4) A small quantity handler of universal waste may conduct the following
activities:
(i) Sort display devices/cathode ray tubes by type.
(ii) Manage different types of display devices/cathode ray tubes in the same
container.
(iii) Test display devices/cathode ray tubes to determine if they are capable of
being returned to service.
(iv) Remove cathode ray tubes from display device casings.”
2.
add “(e) Universal waste mercury-containing devices. A small quantity handler of
universal waste must manage universal waste mercury-containing devices in a way
65
that prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(1). A small quantity handler of universal waste must contain any universal waste
mercury-containing device that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonable foreseeable conditions in a container. The
container must be closed, structurally sound, compatible with the contents of the
mercury-containing devices, and must lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
(2). A small quantity handler of universal waste may:
(i) Mix different types of universal waste mercury-containing devices, or
universal waste mercury-containing devices and universal waste thermostats
in one container; or
(ii) Remove mercury-containing ampules from universal waste mercury-
containing devices provided that the handler complies with 40 CFR
273.13(c)(2)(i)-(viii) and (c)(3)(i)-(iii).”
3.
add “(f) Universal waste mercury-containing lamps. A small quantity handler of
universal waste must manage universal waste mercury-containing lamps in a way
that prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(1). A small quantity handler of universal waste must contain any universal waste
mercury-containing lamp that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonable foreseeable conditions in a container. The
container must be closed, structurally sound, compatible with the contents of the
mercury-containing lamps, and must lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
(2). A small quantity handler of universal waste must contain unbroken mercury-
containing lamps in packaging that will minimize breakage during normal handling
conditions.
(3). A small quantity handler of universal waste must contain mercury-containing
lamps in packaging that will minimize releases of lamp fragments and residues.”
F.
40 CFR 273.14 – Labeling/marking. The provisions are incorporated by reference with
the following changes:
1.
add “(e) Universal Waste cathode ray tubes (i.e. each cathode ray tube), or a
container in which the cathode ray tubes are contained, must be labeled or clearly
marked with any one of the following phrases: “Universal Waste – Cathode Ray
Tube(s),” or “Waste Cathode Ray Tube(s),” or “Used Cathode Ray Tube(s)”.”
2.
add “(f) Universal waste mercury-containing devices (i.e., each mercury-containing
device), or a container in which the mercury-containing devices are contained, must
be labeled or clearly marked with any one of the following phrases: “Universal
Waste – Mercury-Containing Device(s),” or “Waste Mercury-Containing
Device(s),” or “Used Mercury-Containing Device(s)”.”
66
3.
add “(g) Universal waste mercury-containing lamps (i.e., each mercury-containing
lamp), or a container in which the mercury-containing lamps are contained, must
be labeled or clearly marked with any one of the following phrases: “Universal
Waste – Mercury-Containing Lamps(s),” or “Waste Mercury-Containing Lamp(s),”
or “Used Mercury-Containing Lamp(s)”.”
G. 40 CFR 273.15 – Accumulation time limits. The provisions are incorporated by
reference with the following changes to 273.15(c)(2):
1.
after “battery” delete “or”, add “,”, after “thermostat” add “, cathode ray tube,
mercury-containing device, or mercury-containing lamp)”
H. 40 CFR 273.18 - Off-site shipments. The provisions are incorporated by reference with
the following change:
1. in paragraph (g) replace "appropriate regional EPA office" and "EPA regional
office" with "Department".
I.
40 CFR 273.31 – Prohibitions. The provisions are incorporated by reference with the
following changes:
1. add “(c) Prohibited from crushing or intentionally breaking universal waste.”
2. add “(d) Prohibited from managing a significant number of broken items of
universal waste of any given type on any day as universal waste. An insignificant
number of items of unintentionally broken waste may be managed as universal
waste, provided that they are immediately managed to prevent releases of any
universal waste or component of universal waste to the environment, per the
requirements of these universal waste regulations .”
J.
40 CFR 273.32 – Notification. The provisions are incorporated by reference with the
following changes:
1.
In 273.32(b)((4) and 273.32(b)(5), after “thermostats” add “, cathode ray tube,
mercury-containing devices, mercury-containing lamps”
K. 40 CFR 273.33 – Waste Management. The provisions are incorporated by reference
with the following changes:
1.
add “(d) Universal waste cathode ray tubes. A large quantity handler of universal
waste must manage universal waste cathode ray tubes in a way that prevents
releases of any universal waste or component of a universal waste to the
environment, as follows:
(1). A large quantity handler of universal waste must contain any universal waste
cathode ray tube that shows evidence of breakage, leakage, spillage, or damage that
could cause the release of glass particles under reasonable foreseeable conditions
in a container. The container must be closed, structurally sound, compatible with
67
the contents of the cathode ray tubes, and must lack evidence of breakage, leakage,
spillage, or damage that could cause the release of glass particles under reasonably
foreseeable conditions.
(2). A large quantity handler of universal waste must contain unbroken cathode ray
tubes in packaging that will minimize breakage during normal handling conditions.
(3). A large quantity handler of universal waste must contain cathode ray tubes in
packaging that will minimize releases of tube fragments and residues.
(4) A large quantity handler of universal waste may conduct the following
activities:
(i) Sort display devices/cathode ray tubes by type.
(ii) Manage different types of display devices/cathode ray tubes in the same
container.
(iii) Test display devices/cathode ray tubes to determine if they are capable of
being returned to service.
(iv) Remove cathode ray tubes from display device casings.”
2.
add “(e) Universal waste mercury-containing devices. A large quantity handler of
universal waste must manage universal waste mercury-containing devices in a way
that prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(1). A large quantity handler of universal waste must contain any universal waste
mercury-containing device that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonable foreseeable conditions in a container. The
container must be closed, structurally sound, compatible with the contents of the
mercury-containing devices, and must lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
(2). A large quantity handler of universal waste may:
(i) Mix different types of universal waste mercury-containing devices, or
universal waste mercury-containing devices and universal waste thermostats
in one container; or
(ii) Remove mercury-containing ampules from universal waste mercury-
containing devices provided that the handler complies with 40 CFR
273.33(c)(2)(i)-(viii) and (c)(3)(i)-(iii).”
3.
add “(f) Universal waste mercury-containing lamps. A large quantity handler of
universal waste must manage universal waste mercury-containing lamps in a way
that prevents releases of any universal waste or component of a universal waste to
the environment, as follows:
(1). A large quantity handler of universal waste must contain any universal waste
mercury-containing lamps that show evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions in a container. The
container must be closed, structurally sound, compatible with the contents of the
mercury-containing lamps, and must lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
68
(2). A large quantity handler of universal waste must contain unbroken mercury-
containing lamps in packaging that will minimize breakage during normal handling
conditions.
(3). A large quantity handler of universal waste must contain mercury-containing
lamps in packaging that will minimize releases of lamp fragments and residues.”
L.
40 CFR 273.34 – Labeling/marking. The provisions are incorporated by reference with
the following changes:
1.
add “(e) Universal Waste cathode ray tubes (i.e. each cathode ray tube), or a
container in which the cathode ray tubes are contained, must be labeled or clearly
marked with any one of the following phrases: “Universal Waste – Cathode Ray
Tube(s),” or “Waste Cathode Ray Tube(s),” or “Used Cathode Ray Tube(s)”.”
2.
add “(f) Universal waste mercury-containing devices (i.e., each mercury-containing
device), or a container in which the mercury-containing devices are contained, must
be labeled or clearly marked with any one of the following phrases: “Universal
Waste – Mercury-Containing Device(s),” or “Waste Mercury-Containing
Device(s),” or “Used Mercury-Containing Device(s)”.”
3.
add “(g) Universal waste mercury-containing lamps (i.e. each mercury-containing
lamp), or a container in which the mercury-containing lamps are contained, must
be labeled or clearly marked with any one of the following phrases: “Universal
Waste – Mercury-Containing Lamps(s),” or “Waste Mercury-Containing Lamp(s),”
or “Used Mercury-Containing Lamp(s)”.”
M. 40 CFR 273.35 – Accumulation time limits. The provisions are incorporated by
reference with the following changes to 273.35(c)(2):
1.
after “battery” delete “or”, add “,”, after “thermostat” add “, cathode ray tube,
mercury-containing device, or mercury-containing lamp)”
N. 40 CFR 273.38 - Off-site shipments. The provisions are incorporated by reference with
the following change:
1.
In paragraph (g) replace "appropriate regional EPA office" and "EPA regional
office" with "Department".
O. 40 CFR 273.39 – Tracking universal waste shipments. The provisions are
incorporated by reference with the following changes:
1. In 273.39(a)(2) and in 273.39(b)(2), after “thermostats” add “, cathode ray tubes,
mercury-containing devices, mercury-containing lamps)”
P.
40 CFR 273.51 – Prohibitions. The provisions are incorporated by reference with the
following changes:
69
1. add “(c) Prohibited from crushing or intentionally breaking universal waste.”
2. add “(d) Prohibited from managing a significant number of broken items of
universal waste of any given type in a transportation unit as universal waste. An
insignificant number of unintentionally broken waste in a transportation unit may
be managed as universal waste, provided that they are immediately managed to
prevent releases of any universal waste or component of universal waste to the
environment, per the requirements of these universal waste regulations.”
Q. 40 CFR 273.60 – Applicability. The provisions are incorporated by reference with the
following change:
1. In paragraph (a) after the phrase “of this chapter”, add “to all applicable
requirements of Rules 7.00, 8.00, and 9.00 and the sub-sections of those rules,”
R.
40 CFR 273.61 - Off-site shipments. The provisions are incorporated by reference with
the following change:
1.
in paragraph (c) replace "appropriate regional EPA office" and "EPA regional
office" with "Department".
S.
40 CFR 273.62 - Tracking universal waste shipments. The provisions are
incorporated by reference with the following change to 273.62(a)(2):
1.
after “thermostats” add “, cathode ray tubes, mercury-containing devices, mercury-
containing lamps)”
T.
40 CFR 273.80 – Petitions to Include Other Wastes, Under 40 CFR Part 273;
General. The provisions are incorporated by reference with the following changes:
1.
In 273.80(b) and 273.80(c), delete “Administrator” and replace with “Director”.
14.00 APPEALS AND PENALTIES
14.01 Enforcement Action Appeals: All requests for an adjudicatory hearing must be in
writing and must be filed with the clerk of the Administrative Adjudication Division
within twenty (20) days of receipt of the contested enforcement action.
14.02 Civil Penalties for Violations: Persons who shall violate the provisions of these rules and
regulations shall be subject to the penalties as provided for by Chapter 23-19.1-17 (1996
Reenactment) of the General Laws of Rhode Island, 1956, as amended.
70
14.03 Criminal Penalties for Violations: Persons who shall violate the provisions of these rules
and regulations shall be subject to the penalties as provided for by Chapter 23-19.1-18,
(1996 Reenactment) of the General Laws of Rhode Island, 1956, as amended.
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APPENDIX 1 - ACUTE ORAL LD50 (RATS)
Young albino rats derived from Sprague-Dawley stock are used as test animals. All animals are kept
under observation for five days prior to experimental use, during which period they are checked for
general health and suitability as test animals. The animals are housed in stock cages and are
permitted a standard laboratory diet plus water ad libitum, except during the sixteen hour period
immediately prior to oral intubation when food was withheld.
Initial screening is conducted in order to determine the general level of toxicity of the test material.
Selected groups of albino rats are administered the test material at several dose levels. All doses are
administered directly into the stomachs of the rats using a hypodermic syringe equipped with a ball-
tipped intubating needle.
After oral administration of the test material, the rats are housed individually in suspended, wire
mesh cages and observed for the following fourteen days. Initial and final body weights, mortalities,
and reactions are recorded. A necropsy examination is conducted on all animals.
At the end of the observation period, the acute oral median lethal dose (LD50 of the test material is
calculated, if possible, using the techniques of Weil, Thompson, or Thompson and Weil (see below).
The test material is then assigned a classification in accordance with Harold C. Hodge (see below).
Weil, Carrol S., "Tables for Convenient Calculation of Median - Effective Dose (LD50 or
ED50) and Instructions for Their Use", Biometrics, September 1952.
Thompson, William R., "Use of Moving Averages and Interpolation to Estimate Median -
Effective Dose", Bacteria Review, November 1947.
Thompson, William R. and Carrol S. Weil, "On the Construction of Tables for Moving
Average Interpolation", Biometrics, March 1952.
Hodge, Harold C., "The LD50 and Its Value", American Perfumer and Cosmetics, 1965.
72
Appendix II - OSHA Industrial Chemicals with Serious Cumulative Effects
as of 2 April 1979
2-Acetylene Tetrabromide*
Acrylamide
Allyl Chloride
Antimony compounds*
Anisidine
Benzyl chloride
Bromoform (Tribromo-methane)*
Butylamine
tert-Butyl chromate
n-Butyl glycidyl ether (BGE)
Calcium cyanamide
Carbon tetrabromide
CatecholR (Pyrocatechol)*
ChlordaneR
Chlorinated camphene (skin)
Chlorinated diphenyl oxide
Chlorobenzene (monochlorobenzene)
Chlorobromomethane
Chlorodiphenyl
o-Chlorostyrene
Coal tar pitch
CragR (1,3-Bis(2,2,2-trichloro-1-
hydroxyethyl))
Cyclohexanol
Cyclohexanone
Cyclohexene
Cyclohexylamine (skin)
2-n-Dibutyl aminoethanol
p-Dichlorobenzene
1,2-Dichloroethylene
Dichloroethyl ether (skin)
Dichloromonofluoromethane (F21)
Dicyclopentadiene (Bicyclopentadiene)
Diethylamine
Difluorodibromomethane
Diglycidyl ether (DGE)
Dimethylamine
Dimethylformamide
o-Dinitrocresol
3,5-o-Dinitrotoluamide (ZoaleneR)
(Dinitrobenzamide)
Dinitrotoluene
Disulfiram*
Endosulfan (ThiodanR)*
Epichlorohydrin
Ethanolamine
2-Ethoxyethyl acetate
Ethyl bromide
Ethylenediamine
Ethylene glycol dinitrate
Ethylene oxide
Ethyl silicate
FerbamR
Fluorine (gas)
Formamide
Hafnium
Heptachlor
Hexachlorocyclopentadiene
Hexachloroethane*
Hexachloronaphthalene
Hydrogenated terphenyls
Hydrogen fluoride
Hydrogen selenide
Hydroquinone
Indene (Indonaphthene)
Maleic anhydride
Manganese cyclopentadienyl tricarbonyl
Mercury and mercuric compounds*
Methoxychlor*
Methyl acrylate (acrylic acid, methyl ester)
Methylal
Methyl cellosolve and acetate
Methyl chloride
Methylcyclohexanol
Methylcyclopentadienyl manganese
tricarbonyl
73
Methylene bisphenyl isocyanate
Methyl ethyl ketone peroxide
Methyl iodide
Methyl isocyanate
Methyl silicate
Molybdenum*
Monomethyl aniline
Morpholine
Naphthalene*
Nitrogen trifluoride*
2-Nitropropane
Nitrotoluene
Octachloronaphthalene
Oxygen difluoride (gas)
Pentachloronaphthalene
Perchloroethylene (Tetrachloroethylene)
Perchloryl fluoride
p-Phenylene diamine
Phenyl ether
Phenylhydrazine
Phenylphosphine
Phosphorous trichloride
Picric acid (dry)
PivalR
Platinum*
Propylene dichloride
Propylene oxide
n-Propyl nitrate
Pyridine
Quinone
ResorcinolR
RotenoneR*
Sulfuryl fluoride
Tellurium*
1,1,2,2-Tetrachloroethane
Tetrachloronaphthalene
Tetraethyl lead
Tetramethyl lead
Tetranitromethane*
Tetryl
Tin, organic compounds
1,1,2-Trichloroethane
Trichloronaphthalene
1,2,3-Trichloropropane
Uranium
Vinyl bromide
Vinyl cyclohexene dioxide
Vinylidene Chloride*
Xylidine
WarfarinR
*in solution
74
The foregoing Rules and Regulations for Hazardous Waste Management, including all
subsequent amendments as indicated on the title page, after due notice and hearing, are hereby
adopted and filed with the Secretary of State this ____ day of ____________, 2001, to become
effective twenty days after filing, in accordance with the provisions of the General Laws of Rhode
Island, 1956, as amended, Chapter 42-35, specifically §§ 42-35-3(a) and 42-35-4(b); Chapter 23-
19.1, specifically § 23-19.1-6(a); Chapter 23-19.4; and the Public Laws of Rhode Island, 1978,
Chapter 229.
_______________________________
Jan H. Reitsma, Director
Department of Environmental Management
Notice given on:
Public Hearing held on:
Filing Date:
__________
Effective Date:
__________
HWREG009/CS