250-RICR-140-10-1
250-RICR-140-10-1. Rules and Regulations for Hazardous Waste Management (version Amendment, 10/20/2016 to 10/20/2016)
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
RULES AND REGULATIONS FOR
HAZARDOUS WASTE MANAGEMENT
Effective 18 July 1984
Amended 20 September 1984
29 January 1986
7 November 1986
24 September 1987
20 October 1988
19 April 1992
17 September 2001
12 December 2002
14 September 2005
9 February 2007
June 2010
January 17, 2014
September 30, 2016
Short Title: “Hazardous Waste Regulations”
Regulation #DEM OWM-HW-01-16
AUTHORITY: These Rules and Regulations are adopted pursuant to the authority of
Sections 23-19.1-7, 23-19.4-3, 23-19.14-18 and 42-17.1-2(s) and in accordance with the
procedures set forth in 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
FINDINGS AND POLICY ............................................................................................... 3
2
ORGANIZATION AND METHOD OF OPERATIONS ............................................. 4
3
DEFINITIONS .................................................................................................................. 9
4
VARIANCES ................................................................................................................... 29
5
GENERATORS .............................................................................................................. 31
6
TRANSPORTERS .......................................................................................................... 83
7
ISSUANCE, RENEWAL AND CONDITIONS OF FACILITY PERMITS ............. 94
8
OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE AND
DISPOSAL FACILITIES ............................................................................................ 115
9
REQUIREMENTS FOR TEMPORARY TRANSFER AND STORAGE FACILITIES
........................................................................................................................................ 125
10
REQUIREMENTS FOR COMMUNITY COLLECTION CENTERS AND PAINT
COLLECTION CENTERS ......................................................................................... 128
11
REQUIREMENTS FOR CIRCUIT BOARD RECYCLING OPERATIONS ....... 132
12
RESERVED ................................................................................................................... 132
13
UNIVERSAL WASTE ................................................................................................. 133
14
MIXED WASTE ........................................................................................................... 145
15
USED OIL MANAGEMENT STANDARDS ............................................................. 146
16
CORRECTIVE ACTION ............................................................................................ 180
17
APPEALS AND PENALTIES ..................................................................................... 182
APPENDIX I – SAMPLE MANIFEST FORM (EPA FORM 8700-22) .............................. 183
APPENDIX II: SAMPLE MANIFEST CONTINUATION SHEET (EPA FORM 8700-22A)
........................................................................................................................................ 184
184
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
RULES AND REGULATIONS FOR HAZARDOUS WASTE MANAGEMENT
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FINDINGS AND POLICY
1.1 Purpose: These Rules and Regulations for Hazardous Waste Management (also referred
to hereafter as the Regulations or the Hazardous Waste Regulations) are intended to
minimize environmental hazards associated with the generation, transportation,
treatment, storage and disposal of hazardous wastes, including the hazardous waste
component of mixed radioactive and hazardous waste (mixed waste), the transportation
of septage, 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.
1.2 Authority: Under the authority of the 1956 Rhode Island General Laws, Chapters 23-
19.1 and 23-19.4 (2001 Reenactment) and particularly Sections 23-19.1-5, 23-19.1-6,
23-19.1-7, 23-19.1-10, 23-24.10, 23-24.12 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, including the hazardous waste component of mixed waste and the transportation
and disposal of septage, and shall supersede all previous rules and regulations.
1.3 Administrative Findings: The declaration of intent and public policy enumerated by
the Legislature in Chapters 23-19.l and 23-19.4 (2001 Reenactment), as amended, are
hereby adopted as the administrative findings and policy upon which these rules and
regulations are based.
1.4 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.
1.5 Functions: The primary functions of the Department are the regulation of hazardous
wastes, including the hazardous waste component of mixed 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 transporters.
1.6 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.
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1.7 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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ORGANIZATION AND METHOD OF OPERATIONS
2.1 Organization: Section 23-19.1-10 (2001 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 23-19.1-5 contains provisions that enable the
Director to regulate the hazardous waste component of mixed waste. Section 23-19.4-1
establishes the Department of Environmental Management as the permitting agency for
septage transporters.
Unless otherwise indicated, any reference to a Rule (e.g. Rule 5.1) shall refer to the
referenced section of these Rules and Regulations for Hazardous Waste Management.
2.2 Adoption by Reference:
A. Various federal regulations are incorporated by reference in these Rhode Island
regulations. 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. When a federal regulation has been incorporated by reference
with State additions, modifications, or exceptions, the governing requirements
include the State changes in addition to any unchanged portions of the incorporated
federal regulation. Any cross references in other State regulations to a federal
regulation that has been incorporated with State changes are to that regulation with
the State changes. When federal regulations are incorporated by reference, State
terms are substituted for federal terms to the extent provided in Rule 3 definitions
of Administrator/Regional Administrator and EPA/United States Environmental
Protection Agency/U.S. Environmental Protection Agency/Agency, in addition to
the other State changes specified elsewhere in these Rhode Island Hazardous Waste
Regulations. The revision dates of the federal regulations that are incorporated by
reference are specified in Rule 3 definitions of 40 CFR and 49 CFR.
B. 40 CFR parts 260 – 261, 263 – 265, 266 (except for subpart H), 270, 273, and 124
are incorporated by reference in their entirety, except as otherwise noted in these
Rules and Regulations. `Rhode Island has not adopted the provisions of 40 CFR
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part 266, subpart H, relative to burning hazardous waste in boilers and industrial
furnaces, nor has it adopted the provisions of 40 CFR part 268- Land Disposal
Restrictions. Instead, those provisions are administered in Rhode Island by EPA.
Rhode Island has not adopted the reduced requirements of 40 CFR part 267, relative
to operating under standardized permits. Those reduced requirements do not apply
in Rhode Island. Rhode Island has adopted its own regulations regarding hazardous
waste generators in Rule 5 of these Rules and Regulations. These generator
regulations apply in lieu of the federal requirements in 40 CFR part 262, and 40
CFR section 261.5, except to the extent that Rule 5 references particular part 262 or
section 261.5 requirements. Rhode Island has adopted its own regulations regarding
used oil management in Rule 15 of these Rules and Regulations. These used oil
regulations apply in lieu of the federal requirements in 40 CFR part 279, except to
the extent that Rule 15 references particular part 279 requirements. Any term used
within these Rules and Regulations not specifically defined within Rule 3 shall be
defined as in the Federal regulations. Federal statutes and regulations that are cited
in 40 CFR 260 through 273 and 124, that are not adopted by reference shall be used
as guidance in interpreting the Federal regulations in 40 CFR Parts 260 through 273
and 124.
C. 40 CFR parts 260 and 261 are incorporated by reference in their entirety except as
provided below and as otherwise noted 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”.
4. In 260.10 delete the definition of Facility, Hazardous secondary material,
Hazardous secondary material generated and reclaimed under the control of
the generator, Hazardous secondary material generator, Intermediate facility,
Land-based unit, Performance track member facility, and Transfer station.
See Rule 3 for the State definitions of some of these terms, which should be
used in place of the non-adopted federal definitions. There are no State
substitutions for some other deleted definitions as they relate to federal
provisions not adopted by Rhode Island.
5. In 260.10 delete the definition of “Existing hazardous waste management
(HWM) facility or existing facility” and replace with: “Existing hazardous
waste management (HWM) facility or existing facility means a hazardous
waste management facility that is in operation on or before November 19,
1980.”
6. In 260.10 delete the definition of “New hazardous waste management (HWM)
facility or new facility” and replace with: “New hazardous waste management
(HWM) facility or new facility means a hazardous waste management facility
that began operation after November 19, 1980.”
7. Replace definition of “Designated Facility” with the definition found in Rule 3
of these Regulations.
8. In 260.30 heading, delete the words “Non-waste determinations and”.
9. Delete 260.30(d) and (e).
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10. In 260.33 heading, delete the words “or for non-waste determinations”.
11. In 260.33 introduction, delete the words “or applications for non-waste
determinations”.
12. In 260.33(a), delete the words “or non-waste determinations”.
13. Delete 260.33(c), 260.34, 260.42, and 260.43. All of the provisions not adopted
in this Rule 2.2 C 8–13 relate to determinations under the EPA Definition of
Solid Waste Rule (DSW Rule), which Rhode Island has not adopted.
14. Revise 261.1(c)(4) to read “A material is reclaimed if it is processed to recover
a usable product, or if it is regenerated. Examples are recovery of lead values
from spent batteries and regeneration of spent solvents.” The additional
sentences in the federal 261.1(c)(4) that Rhode Island is not adopting relate to
DSW Rule exclusions.
15. In 261.2(a)(1), delete the words “or that is not excluded by a non-waste
determination under §§ 260.30 and 260.34.”
16. Delete 261.2(a)(2)(ii) (DSW Rule).
17. Revise 261.2(c)(3) to read “Reclaimed. Materials noted with a “*” in column
3 of Table 1 are solid waste when reclaimed (except as provided under §
261.4(a)(17). Materials noted with a “-“in column 3 of Table 1 are not solid
waste when reclaimed.”
18. Revise the third column of 261.2(c) Table 1 to read “Reclamation (§
261.2(c)(3)) (except as provided in 261.4(a)(17) (references to DSW Rule
provision not included) for mineral processing secondary materials)”.
19. Revise 261.4(a)(14) to read “Shredded circuit boards being recycled provided
that the Department is notified in writing about this activity and that they are:”
20. Delete 261.4(a)(23), 261.4(a)(24), and 261.4(a)(25) (which relate to DSW Rule
exclusions not being adopted by Rhode Island).
21. Add 40 CFR 261.4(a)(26) and the associated definitions contained in Federal
Register, 2013 Volume 78, Number 147, pages 46448-46485 (July 31, 2013)
that contains a conditional exclusion from the definition of hazardous waste
for solvent-contaminated wipes that are cleaned and reused are incorporated
here as well. These provisions are incorporated here as well, with the
following revisions:
(a) No alternative test methods for determining that there are no free liquids
are allowed in Rhode Island.
(b) Solvent contaminated wipes may be sent only to laundries and dry cleaners
in Rhode Island or in another State that has adopted this exclusion.
22. Rhode Island is not incorporating and does not recognize the conditional
exclusion from the definition of hazardous waste for solvent-contaminated
wipes that are disposed in the notice cited above (FR 2013 Vol. 78, No. 147).
Add at the end of 261.4(b)(1): “The provisions of the household hazardous
waste exemption apply, but are limited by Rules 5.1A 2 and 3, 10 and 13.5(E)
of these Rules and Regulations.
23. Delete 261.4(b)(7)(ii)(F). Manufactured gas plant waste is instead regulated if
it meets the definition of a hazardous waste unless it meets the requirements
specified in Rule 2.2(C)(29) and delete 261.4(b)(10) (UST exemption).
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24. In 40 CFR 261.4(e)(3)(iii), delete "in the Region where the sample is collected".
25. Delete 261.5 and replace with the following:
261.5 Special requirements for hazardous waste generated by CESQGs.
(a) A conditionally exempt small quantity generator (CESQG) is defined in
Rule 3.
(b) Requirements applicable to CESQGs are specified at Rule 5.1 through 5.12
and Rule 5.15.
26. Delete 261.5(h) and 261.5(j)
27. Delete the following rules related to cathode ray tubes: 261.4(a)(22), 261.39,
261.40 and 261.41. These cathode ray tube exemptions and provisions do not
apply in Rhode Island; instead, cathode ray tubes are subject to the Rule 13
universal waste regulations.
28. In 261.9, add the following:
(a) Used electronics as described in Rule 13.2 and defined in Rule 3;
(b) Silver-containing photo fixing solutions as described in Rule 13.3 and
defined in Rule 3.
29. In 261.24(a) delete the words “(except manufactured gas plant waste)” and
replace with “except manufactured gas plant remediation waste that is
managed under a Department approval issued in accordance with applicable
RIDEM Rules and Regulations for the Investigation and Remediation of
Hazardous Material Releases, and that is not land disposed”.
30. Delete 261 Subpart H (part of DSW Rule not adopted).
D. 40 CFR Part 263 is incorporated by reference in its entirety except as provided below
and in Rule 6 “Transporters” and as otherwise noted in these regulations.
1. In 263.12, replace “ten days” with “seventy-two hours (excluding Sundays and
federal and Rhode Island legal holidays)”.
2. Delete 263.20(h).
E. 40 CFR Part 264 is incorporated by reference in its entirety except as provided in
Rule 8 “Operational Requirements for Treatment, Storage and Disposal Facilities”
and as otherwise noted in these regulations.
F. 40 CFR Part 265 is incorporated by reference in its entirety except as provided below
and as otherwise noted in these regulations.
1.
Delete 40 CFR 265.1(c)(8) pertaining to the farmer exemption.
2.
In 265.143(g) and 265.145(g) Where the sentence "If the facilities covered by
the mechanism are in more than one Region, identical evidence of financial
assurance shall be submitted to and maintained with the Regional
Administrator of all such Regions." appears, replace it with the sentence "If
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the facilities covered by the mechanism are in more than one State, identical
evidence of financial assurance shall 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.".
3.
In 40 CFR 265.191(a) and 265.191(c), compliance in Rhode Island relative to
the January 12, 1988 and July 14, 1986 dates, respectively, applies only to a
tank system owned or operated by a federal 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 federal small quantity generator and that is a tank system
(aboveground, onground, inground, or underground) that can be entered for
inspection, "January 12, 1988" and "July 14, 1986" shall be replaced with
"December 1, 1992", wherever those dates occur in 40 CFR 265.191(a), and
265.191(c), respectively.
G. 40 CFR Part 266 (except for subpart H) is incorporated by reference in its entirety
except as otherwise noted in these regulations.
H. 40 CFR Part 270 is incorporated by reference in its entirety except as provided in
Rule 7 “Issuance, Renewal and Conditions of Facility Permits” and as otherwise
noted in these regulations.
I. 40 CFR Part 273 is incorporated by reference in its entirety except as provided in
Rule 13 “Universal Waste” and as otherwise noted in these regulations.
J. 40 CFR Part 124 is incorporated by reference in its entirety except as provided in
Rule 7 “Issuance, Renewal and Conditions of Facility Permits” and as otherwise
noted in these regulations.
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DEFINITIONS
Notes: Any term used within these regulations not specifically defined within this section
shall be defined as in 40 CFR 260.10, as modified by Rule 2.2.
Aboveground tank means a tank used to store or process hazardous waste or used oil that is
not an underground storage tank as defined in the these Regulations.
Active portion shall mean any portion of a hazardous waste management facility that 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.
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).
“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 that 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 that include the following 40 CFR sections: 262, Subpart E and
Subpart H and 263, Subpart B regarding exports of hazardous waste; 268.5,
268.6, and 268.42(b) plus 268.44(a-g) 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 271.5, in 270.110(h), 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
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the Regional Administrator for the EPA region where the facility is located, or
his/her designee.
Architectural paint shall mean interior and exterior architectural coatings recommended for
field application to stationary structures and their appurtenances, to portable buildings, to
pavements, or to curbs. This definition excludes adhesives and coatings recommended by
the manufacturer or importer solely for shop applications or solely for application to non-
stationary structures, such as automobiles, airplanes, ships, boats, and railcars.
The term architectural paint includes both materials that meet the definition of hazardous
waste (i.e. oil based pants and polyurethanes) as well as non-hazardous wastes (i.e. latex
paint, water based polyurethanes). The use of the term architectural paint in these regulations
is not meant to imply that the materials are or are not hazardous wastes. As with other wastes,
such a determination must be made using analysis or generator knowledge as described in
Rule 5 of the these Regulations.
Asbestos shall mean actinolite, amosite, anthophylite, chrysotile, crocidolite and tremolite.
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.
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 4.2 of
these regulations, the provisions of 40 CFR 260.32 and the procedures of 40 CFR 260.33.
Closed portion shall mean that portion of a facility that an owner or operator has closed in
accordance with the approved facility closure plan and all applicable closure requirements.
Closure plan shall mean the plan prepared for closure in accordance with these rules and
regulations.
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.
Community Collection Center shall mean a location registered with the Department to
accept Household Hazardous Waste and/or hazardous waste from Conditionally Exempt
Small Quantity Generators. The Community Collection Center shall include all contiguous
land, structures and other appurtenances and improvements on the land used for accepting,
storing, consolidating or shipping hazardous waste or used oil.
Community water system shall mean a system for the provision to the public of piped water
for human consumption that serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents.
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Conditionally Exempt Small Quantity Generator (CESQG) shall mean a person who meets
all of the conditions below:
A. generates 220 lbs (100 kg) or less of hazardous waste in a calendar month, and
B. generates 2.2 lbs (1 kg) or less of acutely hazardous waste in a calendar month, and
C. generates 220 lbs (100 kg) or less of any residue or contaminated soil, waste, or other
debris resulting from the cleanup of a spill into or on any land or water, of any
acutely hazardous waste in a calendar month, and
D. accumulates on-site a total amount of hazardous waste that is less than 2,200 lbs
(1,000 kg) and a total amount of acute hazardous waste that is less than 2.2 lbs (1
kg) and a total amount of any residue or contaminated soil, waste, or other debris
resulting from the cleanup of a spill of acutely hazardous waste into or on any land
or water that is less than 220 lbs (100 kg).
Such quantity determination shall be made in accordance with Rule 5.6. [see also
definitions of Small Quantity Generator and Large Quantity Generator].
Consignee shall mean a person or agent to whom something is sent.
Container shall mean any portable device in which a material is stored, transported, treated,
disposed of or otherwise handled.
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 that would threaten human health or the environment.
Critical habitat shall mean that area for an endangered species as defined in the Endangered
Species Act, 16 U.S.C. 1532.
Department shall mean the Department of Environmental Management.
Designated facility shall mean:
A. A hazardous waste treatment, storage, or disposal facility that:
1. Has received a permit (or interim status) in accordance with the
requirements of parts 270 and 124 of 40 CFR;
2. Has received a permit (or interim status) from a State authorized in
accordance with part 271 of 40 CFR; or
3. Is regulated under § 261.6(c)(2) or subpart F of part 266 of 40 CFR; and
4. That has been designated on the manifest by the generator pursuant to
§262.20, excluding 262.20(e).
B. Designated facility also means a generator site designated on the manifest to
receive its waste as a return shipment from a facility that has rejected the waste
in accordance with § 264.72(f) or § 265.72(f) of 40 CFR.
C. If a waste is destined to a facility in an authorized State which has not yet
obtained authorization to regulate that particular waste as hazardous, then the
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designated facility must be a facility allowed by the receiving State to accept such
waste.
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.
Director shall mean the Director of the Department of Environmental Management, or
his/her designee.
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.
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.
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.
“DOT” (or “Department of Transportation”) as used in the portions of the Code of Federal
Regulations that are incorporated by reference shall mean the USDOT (“US Department of
Transportation”).
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.
“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
that are incorporated by reference, shall mean the “Department’ or the “Department of
Environmental Management, except as follows:
References to "EPA Identification numbers", "EPA hazardous waste numbers", "EPA test
methods", "EPA publications", "EPA form(s)", "EPA Guidance", or "EPA
Acknowledgement of Consent".
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Use of "EPA" (or "United States Environmental Protection Agency" or "U.S.
Environmental Protection Agency" or "Agency"), including its mailing address, where
shown, 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).
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 that cannot be delegated to any state, including Rhode Island and that include
the following 40 CFR sections: 262, Subpart B, Subpart E, & Subpart H and 263, Subpart
B regarding exports of hazardous waste; 262.60(c) and (e) and 264.71(d) regarding
imports of hazardous waste; and 268.5, 268.6, and 268.42(b) plus 268.44 (a-g) regarding
land disposal restrictions.
Use of EPA with respect to manifest registry functions under 262.21 and with respect to
export requirement in 263.20(a) and (g).
Usage in the term "EPA region" in 40 CFR 260.
References to “EPA Director of the Office of Solid Waste” in 40 CFR 262.21.
References to EPA’s “International Compliance Assurance Division” in 40 CFR
264.71(a)(3) and 265.71(a)(3).
EPA Identification Number, or I.D. No., shall mean the number assigned by the Department
to each generator, hazardous waste transporter, and treatment, storage or disposal facility.
Evaporation unit means a tank or tank system that:
A. Heats wastewater to intentionally evaporate water to reduce the volume of the
wastewater only and;
B. Receives and treats or stores an influent wastewater that is a hazardous waste, or
that generates and accumulates a wastewater treatment sludge that is a hazardous
waste, or treats or stores a wastewater treatment sludge which is a hazardous
waste and;
C. Is not used to dispose of hazardous waste and;
D. Has notified the Department as required by Rule 5.1(B)(5)(e).
Evaporation unit does not mean a sludge dryer associated with a wastewater
treatment unit. Also, sludge dryers not associated with wastewater treatment units
shall be considered hazardous waste treatment units in accordance with Rules 7 and
8.
Existing tank system or existing component means a tank system or component that is
used for the storage or treatment of hazardous waste, is in operation and meets the
following definition:
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A. A tank system that is owned or operated by a small quantity generator or any tank
system (aboveground, onground, inground, or underground) that cannot be
entered for inspection, and for which the installation commenced on or prior to
July 14, 1986 or;
B. A tank system (aboveground, onground, inground, or underground) that is not
owned or operated by a small quantity generator that can be entered for
inspection, and for which the installation commenced on or prior to December 1,
1992.
For the definitions above, installation will be considered to have commenced if
the owner or operator has obtained all Federal, State, and local approvals or
permits necessary to begin physical construction of the site or installation of the
tank system and if either (1) a continuous on-site physical construction or
installation program has begun, or (2) the owner or operator has entered into
contractual obligations—which cannot be canceled or modified without
substantial loss—for physical construction of the site or installation of the tank
system to be completed within a reasonable time.
Facility shall mean all contiguous land, structures and other appurtenances and
improvements on the land used for treating, storing or disposing of hazardous waste or used
oil. For the purposes of implementing corrective action under 40 CFR 264.101, the term shall
mean all contiguous property under the control of the owner or operator seeking a RCRA
subtitle C permit. The term shall also mean all contiguous property under control of the
owner or operator of an interim status facility implementing corrective action.
Fault shall mean a fracture along which rocks on one side have been displaced with respect
to those on the other side.
FIFRA shall mean the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-
136y).
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.
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. Any person that
takes possession or control of hazardous waste by obtaining property where hazardous waste
is stored or abandoned shall be considered a generator. The term “generator” shall include
Large Quantity Generators, Small Quantity Generators and Conditionally Exempt Small
Quantity Generators.
15
Hazardous waste shall mean any waste or combination of wastes of a solid, liquid, contained
gaseous, or semi-solid form that, 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.
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 as well as any hazardous waste
defined in Rule 3 including Rhode Island Hazardous Waste. Where the phrase solid waste
appears in the Code of Federal Regulations, the word waste may be substituted.
Mixed waste as defined in Rule 3.0 is also a hazardous waste.
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.
Hazardous waste disposal facility shall mean real and personal property acquired,
constructed or operated for the purpose of the disposal of hazardous waste. This term does
not include a corrective action management unit into which remediation wastes are placed.
Hazardous waste incinerator shall mean an engineered device using controlled flame
combustion for thermally degrading hazardous waste.
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 where
such activities occur and where waste has been generated.
Hazardous waste transporter shall mean a person, individual, firm, partnership, association
and private or municipal corporation that transports hazardous waste.
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.
Household hazardous waste shall mean waste that meets any of the definitions of a
hazardous waste and which is derived from households. This definition does not include
hazardous wastes generated in households as part of a business, nor shall this definition
16
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. Hazardous waste pharmaceuticals
from residential care apartment complexes or other properties that purchase, store, distribute
or otherwise centrally manage medications on behalf of tenants are not considered household
hazardous waste, but rather are regulated as hazardous waste.
Household hazardous waste facility shall mean a facility that accepts for subsequent
disposal, only household hazardous waste as defined above.
Household hazardous waste pharmaceuticals shall mean pharmaceutical wastes
(medications) that also meet the definition of household hazardous waste.
Household refuse shall mean refuse generally produced at a home.
Household used oil shall mean used oil derived from households.
Household used oil generator shall mean an individual who generates household used oil.
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.
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.
Incompatible wastes shall mean a hazardous waste that 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.
Industrial furnace shall mean any device listed as such in 40 CFR 260.10 or other devices
that 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.
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.
In operation shall mean a facility that is treating, storing or disposing of hazardous waste.
Land disposal facilities shall mean surface impoundments, waste piles, land treatment
facilities and landfills.
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Landfill shall mean a disposal facility or part of a facility where hazardous waste is placed
in or on land and that is not a land treatment facility, a surface impoundment, an injection
well, a waste pile, or a corrective action management unit.
Land treatment facility shall mean a facility or part of a facility where hazardous waste is
applied onto or incorporated into the soil surface; such facilities are disposal facilities if the
waste will remain after closure.
Large Quantity Generator of Hazardous Waste (LQG) shall mean a person who meets any
of the following conditions:
A. generates 2,200 lbs (1,000 kg) or more of hazardous waste in a calendar month, or
B. generates greater than 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month,
or
C. generates more than 220 lbs (100 kg) of any residue or contaminated soil, waste, or
other debris resulting from the cleanup of a spill into or on any land or water, of any
acutely hazardous waste in a calendar month or
D. the quantity of hazardous waste stored on-site exceeds 13,200 lbs (6,000 kg) at any
one time, or the quantity of acutely hazardous waste stored on-site exceeds 2.2 lbs
(1 kg) at any one time, or the quantity of any residue or contaminated soil, waste, or
other debris resulting from the cleanup of a spill of acutely hazardous waste into or
on any land or water stored on-site exceeds 220 lbs (100 kg) at any one time.
Such quantity determination shall be made in accordance with Rule 5.6. [See also
definitions of Small Quantity Generator and Conditionally Exempt Small Quantity
Generator]
Large Quantity Handler of Universal Waste shall mean a universal waste handler (as
defined in this rule) who accumulates 20,000 kilograms or more total of used electronics,
calculated collectively at any time, or who accumulates 5,000 kilograms (11,000 pounds) or
more total of all other universal waste (batteries, pesticides, mercury-containing equipment,
lamps, or silver-containing photo fixing solutions), calculated collectively at any time. This
designation as a large quantity handler of universal waste is retained through the end of the
calendar year where 20,000 kilograms or more total of used electronics, or 5,000 kilograms
(11,000 pounds) or more total of all other universal waste is accumulated.
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.
Load shall mean a mass or weight of a particular hazardous waste contained in one or more
transporting container(s).
Local land authority shall mean a city or town council.
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Low- level mixed waste shall mean waste that contains both low-level radioactive waste and
hazardous waste.
Low-level radioactive waste shall mean a radioactive waste that contains source material,
special nuclear material, or byproduct material, and that is not classified as high-level
radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in
section 11e.(2) of the Atomic Energy Act.
Manifest shall mean the Uniform Hazardous Waste Manifest (EPA Form 8700-22,
including Form 8700-22A, as shown in Appendix I and II) as defined by 40 CFR 260.10.
Examples of these forms can also be found at
http://www.epa.gov/epawaste/hazard/transportation/manifest/forms.htm.
The manifest is originated and signed by the generator or offeror on behalf of the generator
in accordance with the instructions in the appendix to 40 CFR part 262 applicable
requirements of Rule 5.0 and 40 CFR parts 263 – 265 as incorporated by reference at
2.2.B., D., E., and F.
Manufacturing and mining by-products shall mean secondary or incidental materials
created in manufacturing or mining operations.
Mixed waste shall mean a waste that contains both hazardous waste and radioactive waste
that is classified as source material, special nuclear material, or byproduct material subject
to the Atomic Energy Act of 1954, as amended as of the effective date of these regulations.
NARM (Naturally occurring and/or Accelerator-produced Radioactive Material) shall
mean radioactive materials that:
A.
Are naturally occurring and are not source, special nuclear, or byproduct
materials as defined by the Atomic Energy Act, or
B.
Are produced by an accelerator.
New tank system or new tank component means a tank system or component that will be
used for the storage or treatment of hazardous waste and that meets the following
definition:
A.
A tank system that is owned or operated by a small quantity generator or any
tank system (aboveground, onground, inground, or underground) that cannot
be entered for inspection, and for which the installation commenced after July
14, 1986 or;
B.
A tank system (aboveground, onground, inground, or underground) that is not
owned or operated by a small quantity generator that can be entered for
inspection, and for which the installation commenced after to December 1,
1992
19
For the definitions above, installation will be considered to have commenced if the owner
or operator has obtained all Federal, State, and local approvals or permits necessary to
begin physical construction of the site or installation of the tank system and if either (1) a
continuous on-site physical construction or installation program has begun, or (2) the
owner or operator has entered into contractual obligations—which cannot be canceled or
modified without substantial loss—for physical construction of the site or installation of the
tank system to be completed within a reasonable time.
On-site shall mean the same or geographically contiguous property that 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 that
he controls and to which the public does not have access is also considered on-site property.
Operator shall mean the person who is responsible for the operation of the facility.
Owner shall mean the person who owns the facility or part of the facility.
Paint Collection Center shall mean a location registered with the Department to accept only
architectural paint that is either Household Hazardous Waste and/or is generated by
Conditionally Exempt Small Quantity Generators. The Paint Collection Center shall include
all contiguous land, structures and other appurtenances and improvements on the land used
for accepting, storing, consolidating or shipping paint.
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 that contains
such substances.
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.
Precious metal bearing wastes shall mean all materials destined for reclamation containing
a concentration of gold, silver, rhodium, palladium and/or platinum that makes the waste
economically recoverable including, but not limited to, plating baths and stripping solutions.
Processing Used Oil means chemical or physical operations designed to produce from used
oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used
oil-derived products. Processing includes, but is not limited to: blending used oil with virgin
petroleum products, blending used oils to meet the used oil fuel specifications, filtration,
simple distillation, chemical or physical separation and re-refining.
20
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 that is owned by a state or
municipality as defined by Section 502 (4) of this same law.
RAP shall mean a Remedial Action Plan as defined in 40 CFR 270.2.
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 that
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".
Remediation Waste Management Site shall mean a facility where an owner or operator is
or will be treating, storing, or disposing of hazardous remediation waste.
Re-Refining Distillation Bottoms means the heavy fraction produced by vacuum distillation
of filtered and dehydrated used oil.
Rhode Island Hazardous Wastes shall mean any waste meeting the below-listed definitions:
A. Rhode Island Hazardous Waste Codes R001-R010
Waste codes R001 through R010 are only to be used if the waste meets the definition
associated with these codes and does not meet any of the federal definitions of a hazardous
waste.
1. Used Electronics (R001) shall mean used electronics voluntarily managed as a
hazardous waste.
2. Reserved: The following waste codes are reserved: R002, R003, R004, R005
and R008.
3. Extremely Hazardous Waste (R006) shall mean any waste that:
a. contains any KNOWN CARCINOGEN as designated in regulatory rule-
making by any of the federal agencies (OSHA, FDA, EPA,CPSC or
DHHS-NTP) in concentrations or amounts at or above the federally
regulated level or at 1/10 of 1% (0.1%) by weight, whichever is more
stringent, of any solid or liquid mixture. (This rule does not apply to
asbestos waste or PCB waste.) or
b. contains any SUSPECT HUMAN CARCINOGEN as designated in a
regulatory rule-making by any of the federal agencies (OSHA, FDA, EPA,
CPSC or DHHS-NTP) in concentrations or amounts at or above the
21
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
c. 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 other than pharmaceuticals in finished dosage forms (i.e.
inhalers, capsules, tablets, syrups, injectables and ointments), or
d. contains chemotherapy agents that are antineoplastic or cytotoxic,
including but not limited to drugs listed in the NIOSH list of
Antineoplastic
and
Other
Hazardous
Drugs
(http://www.cdc.gov/niosh/docs/2012-150/pdfs/2012-150.pdf).
4. Polychlorinated Biphenyls (PCB) Waste (R007) shall mean any waste that:
Contains polychlorinated biphenyls at a concentration of fifty parts per million (50
ppm) or greater. 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.
5. Mercury Containing Wastes (R009) shall mean any waste that:
Contains any mercury-added products that are disposed of as waste but do not meet
the federal definition of D009 in 40 CFR 261.24. These wastes may also be
managed as mercury containing equipment as per Rule 13.
6. Used Oil (R010) shall mean:
Any used oil that is designated by the generator as hazardous waste and not sent for
recycling in accordance with Rule 15 and that does not meet any of the criteria for
characteristic or listed hazardous wastes in 40 C.F.R. 261 Subparts C and D or
Rhode Island state-regulated hazardous wastes.
B. Rhode Island Fee Exemption Waste Codes (R011-R016)
The following codes indicate the waste is exempt from the Hazardous Waste
Generation Fee described in Rules 5 and 6 and are to be used in addition to other
applicable federal and state hazardous waste codes.
These waste codes are to be used in addition to applicable state and federal waste
codes:
1. Secondary Waste: Waste generated by a hazardous waste management facility
as a result of treatment, repackaging or storage of wastes received by the facility
shall be designated as an R011 waste. This waste code shall be used in addition
to other required waste codes.
2. Precious metal bearing waste meeting the definition of a precious metal bearing
waste as defined by Rule 3 of these Regulations shall be designated as an R012
waste. This waste code shall be used in addition to other required waste codes.
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3. Household hazardous waste meeting the definition of a household hazardous
waste as defined by Rule 3 shall be designated as an R013 waste. This waste code
shall be used in addition to other required waste codes. This exemption shall also
apply to architectural paints collected by Paint Collection Centers or Community
Collection Centers from CESQGs.
4. Used oil or related materials that are managed in accordance with the
requirements of Rule 15 shall be designated as an R014 waste.
5. Waste not meeting the definition of a hazardous waste that is transported using a
manifest shall be designated as an R015 waste. This waste code shall be used in
addition to other waste codes required by the destination state.
6. Removal Action Waste generated (as listed on item 5 of the Manifest) by the
Department or the United States Environmental Protection Agency in the course
of emergency response or environmental remediation activities. This exemption
shall only apply if the applicable government agency generating the waste while
performing the remediation is not considered a Responsible Party as defined
herein or pursuant to R.I. General Laws § 23.19.14-3. Such waste shall bear a
State waste code of R016 code in addition to other waste codes required by the
destination state.
Use of the R016 waste code by the generating agency shall not prohibit the
Department from collecting the Hazardous Waste Generation Fee as part of a
cost recovery action from any other generator determined to be a responsible
party associated with the removal action.
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 located at or near any point of generation where the waste initially
accumulates, and that is under the control of the operator of the process generating the
waste.
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, grease traps, cesspools or
privies.
Silver-Containing Photo Fixing Solutions shall mean photographic processing solutions
containing silver (hazardous waste code D011) that has been removed from photographic
film and paper by the fixing agent and that fail the TCLP (40 C.F.R. 261.24) for silver and
therefore meet the definition of hazardous waste code D011.”
Small Quantity Generator of Hazardous Waste (SQG) shall mean a person who meets
all of the conditions below:
A. generates less than 2,200 lbs (1,000 kg) but greater than 220 lbs (100 kg) of hazardous
waste in a calendar month, and
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B. generates less than or equal to 2.2 lbs (1 kg) of acutely hazardous waste in a calendar
month, and
C. generates less than or equal to 220 lbs (100 kg) of any residue or contaminated soil,
waste, or other debris resulting from the cleanup of a spill into or on any land or
water, of any acutely hazardous waste in a calendar month, and
D. does not store on-site at any time a total amount of hazardous waste greater than
13,200 lbs (6,000 kg), or a total amount of acute hazardous waste greater than 2.2
lbs (1 kg) or a total amount of any residue or contaminated soil, waste, or other
debris resulting from the cleanup of a spill of acutely hazardous waste that exceeds
220 lbs (100 kg).
Such quantity determination shall be made in accordance with Rule 5.6. [See also
definitions of Large Quantity Generator and Conditionally Exempt Small Quantity
Generator]
Small Quantity Handler of Universal Waste shall mean a universal waste handler (as
defined in this rule) who does not accumulate 20,000 kilograms or more total of used
electronics, calculated collectively at any time and who does not accumulate 5,000
kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides,
mercury-containing equipment, lamps, or silver-containing photo fixing solutions),
calculated collectively at any time.
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) that solely or principally supply
drinking water to a large percentage of a populated area.
Solid Waste Management Unit (“SWMU”) shall mean a hazardous waste management
facility or any portion thereof where solid wastes have been placed at any time,
irrespective of whether the unit was intended for the management of solid or hazardous
waste. Such unit includes any area at a facility where solid wastes have been routinely and
systematically released. SWMUs include regulated units as well as units used to manage
non-hazardous solid wastes.
Specification Used Oil is any used oil that meets the minimum allowable levels for Flash
Point and does not contain constituents at concentrations that exceed any maximum
allowable levels listed in Table 2 of Rule 15.3(E).
"State(s)" (or "authorized state" or "approved state" or "approved program") as used in
the portions of the Code of Federal Regulations that are incorporated by reference shall
mean the state of Rhode Island, except as the term appears at 40 CFR 124.2(a) definitions
of “Director”, “Interstate agency”, “Person” and “State”, at 40 CFR 260.10 definitions of
"Person", "State", and "United States", at 40 CFR Part 262, at 40 CFR 264.143(e)(1), at
40 CFR 264.145(e)(1), at 40 CFR 264.147(a)(1)(ii), (b)(1)(ii), (g)(2) and (g)(4), at 40 CFR
265.143(d)(1), at 40 CFR 265.145(d)(1), at 40 CFR 265.147(a)(1)(ii), (g)(2), and (i)(4), at
40 CFR 270.2 definitions of “application”, "approved program or approved State",
24
"Director", "Interim Authorization", "Final Authorization", “Major Facility”, “Person",
“Publicly Owned Treatment Facilities”, "State”, “State Director”, and “State/EPA
Agreement”.
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.
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.
Surface impoundment shall mean a facility or part of a facility that 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), that is designed to hold an
accumulation of liquid wastes or waste containing free liquids, and that is not an injection
well. Examples of surface impoundments are holding, storage, settling and aeration pits,
ponds and lagoons.
Tank shall mean a stationary device designed to contain an accumulation of material,
hazardous waste or used oil that is constructed primarily of non-earthen materials that
provide structural support.
Tolling Agreement shall mean a contract between a used oil generator and a used oil
processor/re-refiner pursuant to which used oil that is reclaimed by the used oil
processor/re-refiner is returned to the used oil generator for use as a lubricant, cutting oil
or coolant.
Totally enclosed treatment unit means a unit for the treatment of hazardous waste which
is directly connected to an industrial production process and which is constructed and
operated in a manner which prevents the release of any hazardous waste or any
constituent thereof into the environment during treatment. An example is a pipe in which
waste acid is neutralized.
Toxicity Characteristic Leaching Procedure shall mean the procedure referenced in 40
CFR261.24(a).
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.
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.
25
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.
Transporter shall mean any person that transports hazardous waste other than on-site or
that transports septage.
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.
Underground drinking water source shall mean an aquifer supplying drinking water for
human consumption; or an aquifer where 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.
Underground Storage Tank (UST) means any tank or tank system that meets the
definition of a UST contained in the Rhode Island Regulations for Underground Storage
Facilities Used for Petroleum Products and Hazardous Materials (the “UST
Regulations”).
Universal Waste shall mean any of the following hazardous wastes that are subject to the
universal waste requirements of 40 CFR part 273 and that are subject to Rule 13:
A. Batteries as described in 40 CFR 273.2;
B. Pesticides as described in 40 CFR 273.3;
C. Mercury-containing equipment as described in 40 CFR 273.4;
D. Lamps as described in 40 CFR 273.5.
E. Used Electronics as described in Rule 13;
F. Silver-containing photo fixing solutions as described in Rule 13.
Universal Waste Handler:
A. shall mean:
1.
A Generator (as defined in Rule 3) 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 for those activities allowed in Rule 13 (Standards
for Universal Waste Management)) disposes of, or recycles universal waste;
or
26
2.
A person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer facility.
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.
Universal Waste Transporter shall mean a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
Used Electronics or a “Used Electronic Device” shall mean a device or component
thereof that contains one or more circuit boards or a cathode ray tube and is used
primarily for communication, data transfer or storage, or entertainment purposes,
including but not limited to, desk top and lap top computers, computer peripherals,
computer monitors, copying machines, scanners, printers, radios, televisions,
camcorders, digital cameras, digital picture frames, video cassette recorders
(“VCRs”), compact disc (“CD”) players, digital video disc (“DVD”) players, MP3
players, video game consoles, portable Global Positioning System (“GPS”)
navigation units, telephones, including cellular and portable phones, and stereos.
“Used Electronics” or a “Used Electronic Device” shall not mean a computer,
television or video display device that is: (a) a part of a motor vehicle or any
component part of a motor vehicle assembled by, or for, a vehicle manufacturer or
franchised dealer, including replacement parts for use in a motor vehicle; or (b)
functionally or physically a part of, connected to or integrated within a larger piece
of equipment designed and intended for use in an industrial, governmental,
commercial, research and development, or medical setting, (including diagnostic,
monitoring, or other medical products as that term is defined under the Federal
Food, Drug, and Cosmetic Act) or equipment used for security, sensing,
monitoring, or anti-terrorism purposes; or (c) contained within a home appliance,
clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave
oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier,
or air purifier; or (d) a handheld device used to access commercial mobile radio
service, as such service is defined in 47 CFR 20.3.
Used Oil means oil that has been refined from crude oil (in whole or in part), or any
synthetic oil that, through use or handling, has become unsuitable for its original
purpose due to the presence of physical or chemical impurities or loss of original
properties. Used oil is a free-flowing liquid at standard temperature and pressure.
Used oil shall include, but not be limited to, lubricating oils and greases, engine oils,
metal working fluids, emulsive coolants, hydraulic fluids, refrigeration oils, electrical
insulating oils, silicon oils and wire drawing oils. Used oil does not include materials
derived from crude or synthetic oils that are used as fuels (e.g., gasoline, jet fuel and
diesel fuel) or used as cleaning agents or solvents (e.g., mineral spirits), that are
subject to the waste characterization requirements under the Hazardous Waste
27
Determination Section of Rule 5.3 and may be subject to additional parts of these
Rules if the materials meet the definition of Hazardous Waste.
Used Oil Aggregation Point means any site or facility that accepts, aggregates,
and/or stores used oil collected only from other used oil generation sites owned or
operated by the owner or operator of the aggregation point.
Used Oil Burner means an owner or operator of a facility where used oil is burned
for the purpose of energy recovery in used oil burning equipment.
Used Oil Burning Equipment means fuel burning equipment, including but not
limited to, any space heater, industrial furnace or boiler that is used to burn used oil
for the purpose of energy recovery.
Used Oil Collection Centers means any facility or site that accepts/aggregates and
stores used oil collected from household used oil generators.
Used Oil Fuel means used oil that meets the specifications contained in Table 2 in
Rule 15.3 and is burned for energy recovery.
Used Oil Generator means any person, by site, whose act or process produces used
oil that is not a "household used oil" or whose act first causes used oil to become
subject to regulation.
Used Oil Marketer means any person who directs a shipment of specification used
oil from their facility to a used oil burner or first claims that a shipment of used oil
meets Specification Used Oil Requirements set forth in Table 2 of Rule 15.3.
Used Oil Processor or Re-refiner means a facility that conducts processing of used
oil as defined in these Rules.
Used Oil Temporary Storage Facility means any transportation related facility
including loading docks, parking areas, storage areas and other areas where
shipments of used oil are held for more than 24 hours but not longer than 35 days
during the normal course of transportation. Temporary storage facilities that store
used oil for more than 35 days are subject to the used oil processor/re-refiner
requirements of Rule 15.8.
Used Oil Transporter means any person, excluding household used oil generators,
who transports used oil, any person who collects used oil from one or more generators
and transports the collected oil, and owners and operators of used oil temporary
storage facilities.
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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.
Washout shall mean the movement of hazardous waste from the active portion of the
facility as a result of flooding.
Waste shall mean solid waste as defined in 40 CFR 261.2.
Waste pile shall mean any non-containerized accumulation of solid, non-flowing
hazardous waste that is used for treatment or storage.
Wastewater treatment unit shall mean a device that:
A. Is part of a wastewater treatment facility has received a permit for
wastewater discharge from the local Publicly Owned Treatment Works or
the RIDEM and;
B. Receives and treats or stores an influent wastewater that is a hazardous
waste, or that generates and accumulates a wastewater treatment sludge that
is a hazardous waste, or treats or stores a wastewater treatment sludge which
is a hazardous waste and;
C. Meets the definition of tank or tank system; and
D. Is not a wastewater evaporation unit.
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 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.
40 CFR ... shall mean that section or subsection of the Code of Federal Regulations,
Title 40, Protection of Environment, Chapter 1, Environmental Protection Agency as
amended by these regulations. All references to Title 40 of the Code of Federal
Regulations are 40 CFR as of July 1, 2013 unless otherwise specified.
49 CFR ... shall mean that section or subsection of the Code of Federal Regulations,
Title 49, Transportation as amended by these regulations. All references to Title 49
of the Code of Federal Regulations are 49 CFR as of October 1, 2013.
29
4
VARIANCES
4.1 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.
4.2 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 judgment, 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 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,
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
23-23 (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.
4.3 Permit Variances:
In addition to the requirements of Rule 4.2, the Director or his designee shall 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 where
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.
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4.4 Department's Evidence:
The Department through its authorized agents may present evidence to the Director or
his designee relative to any application.
4.5 Remonstrant:
Remonstrant’s who have been notified, as required by this rule, may present evidence to
the Director or his designee relative to any application.
4.6 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.
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5
GENERATORS
5.1 Purpose, Scope and Applicability:
These rules shall apply to all generators of hazardous waste which are defined in Rule
3 as either a Large Quantity Generator (LQG), Small Quantity Generator (SQG), or
Conditionally Exempt Small Quantity Generator (CESQG). Rules 5.1 through 5.12
apply to all generators; in addition, Rule 5.13 applies to LQGs; Rule 5.14 applies to
SQGs, and Rule 5.15 applies to CESQGs.
A. Additional operations subject to generator rules:
Any generator or person that conducts one or more of the following activities shall
comply with the requirements for Large Quantity Generators of hazardous waste
contained in this rule:
1. Hazardous Waste Management Facilities that initiates a shipment of hazardous
waste from a treatment, storage, or disposal facility.
2. Community Collection Centers permitted in accordance with Rule 10.
3. Household Hazardous Waste Facilities as defined in Rule 3.
B. Exemptions:
1. These rules do not apply to household hazardous waste generated by non-
business activities at single and/or multiple family residences, subject to the
household hazardous waste exemption in 40 CFR 261.4(b)(1). However,
owners and/or operators of facilities that accept household hazardous waste,
other than household hazardous waste pharmaceuticals, shall comply with the
requirements for Large Quantity Generators in this Rule and upon receipt the
household hazardous waste shall be subject to full regulation as hazardous
waste.
2. Household Hazardous Waste Pharmaceuticals accepted for destruction as
consumer take-back programs, in accordance with the Department of Health
and US Drug Enforcement Administration regulations are not subject to these
regulations.
3. These rules do not apply to persons responding to an explosives or munitions
emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)
(11)(i)(D) or (iv) and 270.1(c)(3)(i)(D) or (iii).
4. These rules do not apply to the handling of solvent contaminated wipes that are
cleaned and reused as described in the modification of 40 CFR 261.4(a)(26)
contained in the 2013 Federal Register, Volume 78, Number 147, pages
46448-(the federal exemption for disposal of solvent contaminated wipes is
not recognized as explained in Rule 5.1(C)(4) below).
5. Treatment of certain hazardous waste Treating hazardous waste without a
permit or license is allowed if it falls into one of the categories below:
32
(a) is authorized as part of RCRA corrective action as described in Rule 16
(i.e. a written approval for a RAP, CAMU, TU or Staging Pile has been
issued by the Department).
(b) is performing treatment in wastewater treatment units
(c) is performing treatment in elementary neutralization units described in
Rule 7(B)(7) and 8.2(A)(5).
(d) is treating the waste in a totally enclosed treatment unit
(e) is treating the waste in evaporation units, as defined in Rule 3, provided
the generator complies with all the following conditions:
(i)
does not use the unit to dispose of hazardous waste
(ii)
the unit is being used to legitimately treat only wastewater, as
defined at 47 Fed. Reg. 4706 (Feb. 2, 1982) (note:
Concentrated hazardous wastes are not covered by this
exemption.)
(iii)
does not manage waste with the waste codes D001 or D003 in
the unit.
(iv)
all hazardous waste sludge is managed, before, during and after
use of the evaporator unit, as a hazardous waste in accordance
with this Rule.
(v)
incoming quantities of hazardous waste managed in evaporator
units is included in the calculation of generator status (i.e.
Large Quantity Generator vs. Small Quantity Generator vs.
Conditionally Exempt Small Quantity Generator).
(vi)
has notified the Department on a form specified by the
Department and received the Department’s authorization in
writing to conduct this activity.
(vii) ensures that treatment in the evaporation unit shall result in the
concentration of hazardous waste constituents for proper
recycling or disposal, and not allow evaporation of significant
amounts of hazardous waste constituents into the air. Air
emissions of hazardous constituents shall also be controlled
through compliance with all applicable air emission control
requirements of the federal Clean Air Act and the Department’s
Air Pollution Control Regulations. This shall include
completion of a RIDEM Office of Air Resources Evaporator
Information Form before commencing operation of the unit.
Each operator of an evaporator unit shall develop a written plan
and keep it on site and available for inspection during operation
of the evaporator and for three years thereafter, documenting
such compliance and showing (based on testing or knowledge
of the waste) that the unit is being used to legitimately
concentrate wastes and is not resulting in the evaporation of
significant amounts of hazardous waste constituents into the
air. Operators of evaporator units who are large quantity
generators must also comply with the air emission control
33
requirements in 40 CFR part 265, subparts AA, BB and CC as
applicable. These regulations are hereby adopted by reference
and made applicable to evaporator units at large quantity
generators in Rhode Island. For all other entities in Rhode
Island, these regulations are not being adopted by reference by
the State, but rather will continue to be administered by the
U.S. EPA.
(viii) ensures operation and placement of the unit does not:
Result in the generation of extreme heat or pressure, fire or
explosion, or
violent reaction;
Produce uncontrolled toxic mists, fumes, or gases in
sufficient quantities
threaten human health;
Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosion; or Damage the
structural integrity of the unit, or cause the unit or any of its
ancillary equipment to rupture, leak, abnormally corrode, or
otherwise fail before the end of its intended life.
(f) is treating the waste in tanks or containers under the following conditions:
(i)
The generator provides written notification to the Department
that includes:
The facility name, EPA identification number, generator
status, mailing address, street address, telephone number,
and contact person
A detailed description of the treatment process(es) to be used
including process design drawings, plans or process flow
diagrams;
An estimate of the frequency that treatment will occur;
The type(s) and estimated quantity of hazardous waste to be
treated including a detailed description of the process(es)
generating the waste; and
A detailed description of how all treatment products and by-
products will be managed following treatment.
(ii)
A revised written notification is provided to the Department if
the information required above if this section changes
significantly.
(iii)
The treatment occurs in containers and tanks that comply with
the requirements of Rule 5.13, 5.14 and 5.15 as appropriate.
(iv)
The treatment does not violate the applicable requirements of
subparts AA, BB, and CC of 40 CFR part 265 (as administered
by EPA).
(v)
The hazardous waste being treated is generated and treated on-
site.
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(vi)
During treatment and during any storage prior to treatment,
hazardous waste is:
Counted for the purpose of determining generator status
under Section 5.6; and
Managed in accordance with the applicable requirements of
this rule (Rule 5).
(vii) The generator determines if treatment by-products are
hazardous waste in accordance with Rule 5.3.
(viii) The generator maintains records for three years documenting:
The type(s) and quantity of waste treated;
The method(s) of treatment used; and
The date(s) that treatment occurred.
(ix)
All hazardous waste generated from the treatment is managed
in accordance with the applicable standards of this rule (Rule
5).
(x)
If a generator is managing and treating waste or contaminated
soil in tanks or containers to meet Land Disposal Restriction
treatment standards found at 40 CFR 268.40, the generator
develops and follows a written waste analysis plan in
accordance with the requirements of 40 CFR § 268.7(a)(5) (as
administered by EPA).
(xi)
The generator does not treat hazardous waste using thermal
treatment processes.
(xii) The generator does not treat, break or shred mercury-
containing wastes or devices (e.g., fluorescent lamps,
thermostats).
(xiii) The generator does not engage in breaking or shredding of
CRT’s as prohibited by Rule 13.5G and Rule 13.5K.
(xiv) Treatment does not result in any adverse impact to human
health or the environment
Note: The Department reserves the right, upon receiving
written notification of treatment by a generator, to require that
treatment-specific requirements be met.
(g) The Director has issued a temporary emergency permit in accordance
with Rule 7B to a non-permitted facility to allow the treatment, storage
or disposal of hazardous waste subject to the requirements of 40 CFR
270.61.
6. Rhode Island has adopted various other federal exemptions by incorporating 40
CFR part 261 by reference, to the extent set forth in Rule 2.2.C., and also by
adopting some of the exemptions set forth in the federal regulations referenced
by Rules 7 and 8. Both these other parts of these Rules and the referenced
35
federal regulations need to be consulted to determine the conditions applicable
to any particular exemption.
C. Federal Exemptions not adopted: Rhode Island has not adopted some of the federal
exemptions, as noted in Rule 2.2C, Rule 7 and Rule 8. In particular, Rhode Island
has not adopted exemptions from the hazardous waste rules analogous to the
following federal exemptions:
1.
Definition of Solid Waste Rule (DSW Rule) Exclusions for Hazardous
Secondary Materials in 40 CFR 261.2(a)(2)(i), 261.4(a)(23), 261.4(a)(24) and
261.4(a)(25). Materials subject to these federal exclusions are regulated under
the otherwise applicable generator requirements in Rhode Island.
2.
CRT exclusions in 40 CFR 261.4(a)(22), 261.39, 261.40, and 261.41. CRTs
are regulated as universal wastes in Rhode Island.
3.
Manufactured gas plant waste exemption in 40 CFR 261.24(a). Rhode Island
exempts only manufactured gas plant remediation waste that is managed under
a Department approval issued in accordance with applicable RIDEM Rules
and Regulations for the Investigation and Remediation of Hazardous Material
Releases, and that is not land disposed.
4.
Disposal of solvent contaminated wipes adopted by USEPA as 40 CFR
261.4(b)(18) in the 2013 Federal Register, Volume 78, Number 147, pages
46448-46485.
5.
CESQG exclusion in 40 C.F.R. 261.5. CESQGs are instead regulated in
accordance with this Rule 5.
6.
Allowance for CESQGs to send hazardous waste to solid waste facilities, in
40 C.F.R. 264.1(g)(1), 265.1(c)(5). This is not allowed in Rhode Island.
7.
The farmer exemption for disposal of waste pesticides in 40 CFR 262.70 and
262.10(f). Farmers are regulated under the otherwise applicable generator
requirements in Rhode Island.
8.
Academic Labs Rule (40 CFR 262 Subpart K). Laboratory wastes are
regulated under the otherwise applicable generator requirements in Rhode
Island.
9.
Ocean Disposal Allowance under MPRSA in 40 C.F.R. 264.1(c), 265.1(c)(1),
and 270.60(a). This is not allowed in Rhode Island.
10. Injection Well Allowance under UIC in 40 C.F.R. 264.1(d) and 270.1(c)(1)(i).
This is not allowed in Rhode Island except when a permit is issued by the
Department for a remediation overseen by the Department.
11. The federal wastewater exemption has been limited by Rhode Island to
facilities actually discharging to surface waters or the sewers, as further
described at 40 CFR 264.1(g)(6) and 270.1(c)(2)(v). Hazardous waste
evaporators at generators are not allowed under this exemption but rather must
meet the conditions specified in Rule 5.2 D 5.
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5.2 Prohibitions:
Generators of hazardous waste are prohibited from conducting the following activities:
A. Disposing of or shipping hazardous waste on or to any location that does not meet
the definition of a Designated Facility with the exception that CESQGs may also
ship certain wastes to:
1.
A Community Collection Center permitted by the Department or,
2.
A Paint Collection Center (paint waste only).
B. Shipping hazardous waste off-site for treatment or disposal or recycling without first
completing a manifest approved by EPA as required in Rule 5 unless otherwise
authorized in these Regulations.
C. Receiving hazardous waste from off-site without first obtaining a permit, unless the
activity is otherwise exempted by these regulations (e.g., for Community Collection
Centers or Paint Collection Centers).
D. Treating hazardous waste without a permit or license unless the treatment falls into
one of the categories in Rule 5.1(B)(5).
5.3 Hazardous Waste Determination:
Any person who generates a solid waste shall determine if the waste is a hazardous waste
using the following method. The Generator shall first determine if the waste meets
definition of a hazardous waste in Rule 3. In accordance with the requirements of 40
CFR 261.4, as modified in Rule 2.2(C), the Generator may then determine if the waste
meets any of the exemptions or exclusions contained in that section. If the waste does
not meet any of the federal definitions of hazardous waste, the generator shall then
determine if any of the Rhode Island hazardous waste types apply, as defined by Rule 3
of these regulations. Analytical testing may be employed by the generator to determine
if a solid waste is hazardous waste and shall be determined by an approved method as
set forth in 40 CFR 261 Subpart C. Equivalent testing methods per 40 CFR 260.21 are
not allowed. Generators may also determine the regulatory status of the waste through
product knowledge by demonstrating in writing clear and convincing scientific evidence
of the characteristics of the waste and the process(es) that generated the waste.
Regardless of any advisory opinions or statements from any laboratory or government
agency, it remains the generator's responsibility to properly characterize his/her wastes.
If the waste is determined to be hazardous, the generator shall refer to 40 CFR Parts
261, 264 – 266, and 273 as incorporated by reference at 2.2B, C, E, F, G and I and 40
CFR Part 268 (as administered by the EPA) for possible exclusions or restrictions
pertaining to the management of the specific waste.
5.4 Generator Notification and Identification:
All Generators, including CESQG’s, shall notify the Department of their hazardous
waste activity by applying for and obtaining an EPA Identification Number for his/her
site using the RCRA Subtitle C & RI Hazardous Waste Management Act Activity
Notification Form provided by the Department. However, CESQG’s do not need to
37
obtain an EPA Identification number in order to drop off paint at either a Community
Collection Center or a Paint Collection Center.
Generators shall not store or offer hazardous waste for shipment without first obtaining
an EPA Identification Number and shall notify the Department in the event of a change
of his/her status (LQG, SQG, CESQG, Non-generator) and/or a change in the nature of
the hazardous waste generation activity. Only one EPA Identification Number will be
issued for an individual generation site and the generator shall use the assigned EPA
Identification Number exclusively for shipments of hazardous waste from the site. At
the discretion of the Department, either a permanent or temporary EPA Identification
Number will be issued to the generator. Temporary EPA Identification Numbers shall
be valid for a period of time not to exceed ninety (90) days from the date of issuance.
5.5 Hazardous Waste Generation Fee:
A. Each generator of hazardous waste shall pay a Hazardous Waste Generation Fee of
2.3 cents per pound or 19 cents per gallon of waste generated. This fee shall apply
to all hazardous wastes that are generated in Rhode Island. The fee does not apply
to waste treated onsite as allowed in Rule 5.2D. The fee shall be collected by the
hazardous waste transporter and in turn shall be paid to the Department as specified
in Rule 6.17 (Hazardous Waste Generation Fee).
B. Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes
(R011-R016) as defined in Rule 3 are exempted from the fee.
5.6 Generator Quantity Determination:
A. When making the quantity determinations used in the LQG, SQG, and CESQG
definitions in Rule 3, the generator must include all hazardous waste that it
generates, except hazardous waste that:
1.
Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3),
261.7(a)(1), or 261.8 as modified and incorporated by reference in Rule 2.2.C;
or
2.
Is managed immediately upon generation only in on-site elementary
neutralization units or wastewater treatment units or in a totally enclosed
treatment unit as defined in Rule 3; or
3.
Is recycled, without prior storage or accumulation, only in an on-site process
subject to regulation under 40 CFR 261.6(c)(2); or
4.
Is used oil managed under the requirements of Rule 15; or
5.
Is spent lead-acid batteries managed under the requirements of 40 CFR part
266, subpart G; or
6.
Is universal waste managed under Rule 13.
B. In determining the quantity of hazardous waste generated, a generator need not
include:
1.
Hazardous waste when it is removed from on-site storage provided that it has
been counted when placed into storage; or
38
2.
Hazardous waste produced by on-site treatment (including reclamation) of his
hazardous waste, so long as the hazardous waste that is treated was counted
once; or
3.
Spent materials that are generated, reclaimed, and subsequently re-used on-
site, so long as such spent materials have been counted once.
4.
Architectural Paint received by Paint Care Centers.
C. If at any time, or in any given month, the quantity or nature of waste generated or
stored causes the generator status of an SQG or CESQG to change (to either LQG
or SQG) the generator shall manage the waste as prescribed in the appropriate
section (5.13 or 5.14) of these rules. This new standard of management shall include
the more stringent provisions and time frames for the increased quantity of waste.
The generator shall also notify the Department as required by Rule 5.4.
D. If any generator mixes a solid waste with a hazardous waste that exceeds a quantity
exclusion level of this section, the mixture is subject to full regulation and counts
toward the generators status if the resultant mixture meets the definition of
hazardous waste.
5.7 Reserved
5.8 Record Keeping:
A. Generators shall maintain the following records on-site as specified below and
elsewhere in these rules for a period of at least three years. The retention times for
all records are automatically extended during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the Director.
Community Collection Centers and Paint Collection Centers shall also maintain
documentation from persons dropping of hazardous waste that do not meet the
definition of Household Hazardous Waste Generators.
1. A copy of each hazardous waste manifest prepared by the generator for off-site
shipment of waste and a copy of the same manifest signed by the designated
facility. Records shall be maintained for a period of three years from the date
the waste was accepted by the transporter. The generator may maintain paper
copies or digital copies so long as the digital copies comply with manifest
requirements of 40 CFR 262.40.
2. Biennial Reports completed by the generator if required for a period of three
years from the date the report was due.
3. All analytical test results conducted by the generator related to waste
determinations made per Rule 5.3 for at least three years from the date that the
waste was last sent to on-site or off-site treatment, storage, or disposal.
4. Hazardous waste management training records on former employees shall be
kept for at least three years from the date the employee last worked at the
facility.
5. Inspection logs of hazardous waste container storage areas or tanks holding
hazardous waste.
39
6. Documentation verifying that tanks holding hazardous waste are emptied every
ninety (90) days or in a timely manner as required by the regulations.
7. Notification of intent to export for a period of at least three years from the date
the hazardous waste was accepted by the initial transporter.
8. EPA Acknowledgement of Consent to export for a period of at least three years
from the date the hazardous waste was accepted by the initial transporter.
9. Confirmation of exported hazardous waste delivery from the consignee for at
least three years from the date the hazardous waste was accepted by the initial
transporter.
10. Annual export report for a period of at least three years from the due date of the
report.
11. A copy of each certificate of recovery sent by the recovery facility to the
exporter for at least three (3) years from the date that the recovery facility
completed processing the waste shipment.
12. Exception reports required by Rule 5.13 (LQG), 5.14 (SQG) or 5.15 (CESQG)
for non-exported hazardous waste and exported hazardous waste for at least
three years from the date the report was filed.
13. Copies of any variances, determinations or permits granted by RIDEM or the
U.S.E.P.A.
14. Generators that accumulate in tanks and containers are required to keep records
as required by Rules 5.13 B and C (LQG), 5.14 B and C (SQG) and 5.15 B
(CESQG) as applicable.
15. Generators treating waste in tanks and containers must document: the type(s)
and quantity of waste treated; the method(s) of treatment used; and the date(s)
that treatment occurred.
16. Each operator of an evaporator unit shall develop a written plan and keep it on
site and available for inspection during operation of the evaporator and for
three years thereafter.
B. Hazardous waste management training records on current personnel shall be kept
until closure of the facility.
5.9 Satellite Waste Accumulation:
Generators may store up to 55 gallons of hazardous waste, or one quart of acutely
hazardous waste listed in 40 CFR 261.33(e) or 40 CFR 261.30 (d), in containers (satellite
accumulation container) at or near any point of generation where the wastes initially
accumulate, that is under the control of the operator of the process generating the wastes.
The generator may store these wastes in satellite accumulation areas without a storage
permit or interim status and without complying with Rule 5.10, 5.13 A, B, F, I or J, 5.14
A, B, D, E. or H, or 5.15 A, B, D or H provided that the generator:
A. Labels each satellite accumulation container with the following information:
1. The words “Hazardous Waste”
2. The chemical or common name of the waste.
40
3. The date the excess amount of hazardous waste began accumulating per Rule
5.9(F).
B. Immediately transfers all hazardous wastes from a satellite accumulation container that
is in poor condition and is leaking or may leak waste to another satellite accumulation
container or a storage container that is in good condition.
C. Stores the hazardous waste in a satellite accumulation container that is made of or lined
with materials that will not react with, and are otherwise compatible with, the
hazardous waste to be accumulated, so that the ability of the satellite accumulation
container to contain the waste is not impaired.
D. Keeps the satellite accumulation container holding hazardous waste closed except
when actively adding or removing waste.
E. Handles, manages and maintains the satellite accumulation container in a manner that
prevents damage to the container that could result in a spill or release of hazardous
waste.
F. Within three days of accumulating hazardous waste in excess of the amounts listed in
this rule, complies with the applicable requirements for storage and labeling of
hazardous waste in containers as required by Rule 5.13 through 5.15. During the three
day period the generator shall comply with requirements A through E above and mark
the container holding the excess hazardous waste with the date upon which the excess
amount first began accumulating waste.
G. If satellite containers are in close proximity to each other, then the total quantity of
waste stored in these containers collectively cannot exceed 55 gallons.
5.10 Aisle Space:
Adequate aisle space shall be maintained of no less than three feet between rows of
containers in all areas of the facility where hazardous waste is stored to allow for
access to containers and tanks holding hazardous waste by emergency personnel, fire
protection equipment, spill control equipment, decontamination equipment and for
inspection to ensure the tanks and containers are in good condition.
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, (2001 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;
B. inspect vehicles that 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 by a
generator or at a hazardous waste management facility.
41
5.12 Pre-Transport Requirements:
Before transporting hazardous waste off-site or offering hazardous waste for
transportation off-site, generators shall:
A. Package, label and mark each storage unit for offsite shipment in compliance with
U.S.D.O.T. requirements under 49 CFR parts 172, 173, 178 and 179. Place a
hazardous waste label on each container which includes the following information:
1. The words “Hazardous Waste – Federal Law Prohibits Improper Disposal. If
found, contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency”.
2. Generator’s name, address, city, state, zip code and telephone number
3. Generator’s EPA identification number
4. Proper D.O.T Shipping Name
5. Hazardous Properties/Description
6. EPA waste codes
7. State waste code (if applicable)
8. Manifest document number
B. Placard or offer the initial transporter appropriate placards according to U.S.D.O.T.’s
hazardous materials regulations at 49 CFR part 172, Subpart F.
5.13 Large Quantity Generators (LQGs)- Waste Management Requirements:
The following requirements apply to Large Quantity Generators as defined in Rule 3.
A. Hazardous Waste Storage:
A LQG may store hazardous waste on-site for a period not to exceed ninety (90) days,
excluding wastewater treatment sludges as described below and hazardous waste in
satellite accumulation, without first obtaining a storage permit as required by Hazardous
Waste Rule 7, provided that he/she manages the hazardous waste in accordance with the
provisions of these Rules and Regulations. In addition, such a generator is exempt from
all the requirements in subparts G and H of 40 CFR part 265, except for closure
requirements of 40 CFR 265.111 and 265.114. An LQG who stores hazardous waste
(except for F006 waste) for more than 90 days is an operator of a storage facility and is
subject to the Rule 8 operational requirements for treatment, storage, and disposal
facilities requirements, 40 CFR 264, and the permit requirements of Rule 7.
Wastewater treatment sludges from electroplating operations that meet the listing
description for the RCRA hazardous waste code F006, may be accumulated on-site for
more than 90 days, but not more than 180 days without a permit or without having
interim status provided that:
42
1.
The generator has implemented pollution prevention practices that reduce the
amount of any hazardous substances, pollutants or contaminants entering the
F006 waste 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 and
4.
The F006 waste is managed in accordance with the following:
(a)
The F006 waste is placed:
(i)
In containers that comply with Rule 5.13(B) below and the
generator complies with the applicable requirements of
subparts AA, BB, and CC of 40 CFR part 265 (as administered
by EPA); and/or
(ii)
In tanks that comply with Rule 5.13(C) and the generator
complies with the applicable requirements of subparts AA,
BB, and CC of 40 CFR part 265 (as administered by EPA);,
and/or
(iii)
In containment buildings and the generator complies with Rule
5.13(D), 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 shall maintain the
following records at the facility:
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
Documentation that the unit is emptied at least once every
180 days.
(b)
The date upon which each period of accumulation begins is clearly
marked and visible for inspection on each container;
(c)
While being accumulated on-site, each container and tank is labeled or
marked clearly with the words, “Hazardous Waste” and complies with
labeling requirements in Rule 5.13(F); and
(d)
The generator complies with the requirements in Rules 5.13(G)
(Notification and Cleanup of Spills and Releases), 5.13(H) (Spill
Prevention), 5.13(I) (Personnel Training), 5.13(J) (Hazardous Waste
Contingency Plan) and the Land Disposal Restriction requirement of
40 CFR 268.7(a)(5) as administered by EPA.
43
B. Hazardous Waste Accumulation in Containers:
Hazardous waste may be stored in containers provided that the LQG:
1.
Marks the side of all containers holding hazardous waste with the date upon
which the waste first began to accumulate (accumulation start date).
2.
Keeps all containers holding hazardous waste closed except when it is
necessary to add or remove waste.
3.
Opens, handles and stores containers holding hazardous waste in a manner
that does not, or is not likely to, cause a spill or release of hazardous waste.
4.
Immediately transfers hazardous waste from any and all containers that are not
in good condition as a result of physical or chemical forces that have reduced
the containers structural integrity, or if they begin to leak, to a container(s) that
is in good condition and compatible with the hazardous waste being
transferred.
5.
Stores all containers holding ignitable or reactive hazardous waste in an area
that is at least fifty (50) feet from any property boundary lines.
6.
Takes precautions to prevent accidental ignition or reaction of ignitable or
reactive waste. These wastes must be separated and protected from sources of
ignition, incompatible materials and heat. While ignitable or reactive waste is
being handled, the generator must confine smoking and open flame to
specifically designated locations. “No smoking” signs shall be conspicuously
placed wherever there is a hazard from ignitable or reactive waste.
7.
Uses containers constructed of, or lined with, a material that is chemically
compatible with the hazardous waste placed into the containers, so that the
ability of the container to hold the waste is not impaired.
8.
Does not place incompatible wastes in the same container unless the mixing
is accomplished so that it does not generate extreme heat or pressure, does not
initiate a fire, explosion or violent reaction and does not produce uncontrolled
toxic mists, fumes, dust or gases, and does not damage the structural integrity
of the container and does not threaten human health or the environment
through like means.
9.
Conducts inspections on a weekly basis of all containers holding hazardous
waste for signs of deterioration and/or corrosion of the containers and for any
signs of leaks or releases of hazardous waste. The inspection shall also include
a visual examination of all containment systems and devices to ensure that
they are free of any cracks, gaps or other imperfections. Generators shall
maintain a written record documenting the date of each inspection, the person
that conducted the inspection and whether any release was identified,
container was replaced or repair needed to containment conditions, and the
result of each inspection for a period of at least three (3) years.
10. Stores hazardous wastes that when mixed would result in an unintended
reaction or are otherwise not compatible in separate containers designed to
contain the subject hazardous wastes. Containers holding hazardous wastes
44
shall be stored in separate locations from incompatible wastes or materials
present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall)
constructed of or lined with a material that is resistant to the hazardous waste
stored in the area.
(a)
Does not place hazardous waste in an unwashed container that
previously held an incompatible waste or material, unless the
conditions in Rule 5.13(B)(8) are satisfied.
11. Stores containers holding liquid hazardous waste in an area that has a
containment system, or otherwise provide a containment device, that has a
capacity of no less than 10% of the total volume of all of the containers in
storage or the volume of the largest container, whichever is greater. The
containment system or device shall be impervious and compatible with the
type of waste held in the containers. The generator shall maintain the
containment system or device to ensure that it is free of cracks, gaps or other
imperfections that would prevent the system from fully containing any and all
spilled or released waste.
12. Manages all containers holding hazardous waste in accordance with the
applicable requirements of 40 CFR 265 Subparts AA, BB and CC (as
administered by EPA).
C. Accumulation in Tanks:
Large Quantity Generators that store hazardous waste in tanks shall comply with all
of the requirements listed below and with the applicable requirements of 40 CFR 2
65 Subparts AA, BB and CC as administered by EPA. All generators storing
hazardous waste in underground storage tanks shall also comply with the Rhode
Island Rules and Regulations for Underground Storage Facilities Used for Petroleum
Products and Hazardous Materials.
Tank systems that are used to store or treat hazardous waste which contains no free
liquids and are situated inside a building with an impermeable floor are exempted
from the requirements for containment and detection of released in 5.13(C)(1-5)
except for 5.13(C)(5)(g). To demonstrate the absence or presence of free liquids in
the stored/treated waste, the following test must be used: Method 9095B (Paint Filter
Liquids Test) as described in ‘‘Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,’’ EPA Publication SW–846, as incorporated by
reference in 40 CFR 260.11 of this chapter.
Large Quantity Generators storing hazardous waste in tanks shall comply with the
following:
1. Tank Certification.
a.
Existing Tanks storing hazardous waste shall have a secondary
containment device that meets the requirements of Section 5.13(C)(5)
of this rule [secondary containment]. Existing tanks storing non-
hazardous waste only that is subsequently re-designated for hazardous
45
waste, shall have a registered professional engineer conduct an
evaluation of the tank system detailed in Section 5.13(C)(1)(c) below
and certify, in accordance with 40 CFR 270.11(d), the structural
integrity of the system. The evaluation shall be provided within 12
months of the waste’s re-designation date and secondary containment
shall be provided within two years of the waste’s re-designation date.
b.
New Tanks shall be provided with secondary containment (prior to
storing hazardous waste) that meets the requirements of Section
5.13(C)(5) of this Rule and have a registered professional engineer
conduct an evaluation of the tank system detailed in Section
5.13(C)(1)(c) below, and certify, in accordance with 40 CFR
270.11(d), the structural integrity of the system described.
c.
Tank System Evaluation
(i) Existing Tanks:
If required, per Section 5.13(C)(1)(a) of this Rule, generators shall
have the system evaluated by a registered professional engineer. The
engineer shall determine if the tank system has adequate structural
integrity (and compatibility with the waste(s) to be stored) to retain
the designed volume of waste without causing a rupture, failure or
release. In addition, the evaluation shall include a review of the
following:
(a)Characteristics of the hazardous waste to be stored or that has
been stored in the tank and the compatibility of the tank system
with said waste.
(b)The age of the tank or date of installation, if known; otherwise an
estimate of the tank age.
(c)Existing corrosion protection measures and the exterior of the
tank system shall be inspected looking for any signs or
indications of damage, including but not limited to, weld breaks,
punctures, scrapes of protective coatings, cracks, pitting, or any
other signs of corrosion or deterioration.
(d)Tank systems shall be tested to ensure that they are not leaking,
or will not leak, by either having a qualified professional engineer
enter the tank system and conduct an interior inspection, or if the
tank is non-enterable by conducting a precision leak test on the
tank system.
(e)The evaluation (and the annual tank system testing, if required)
shall be documented in writing and the written report shall be
maintained on-site by the generator and shall be made available
to Department personnel upon request.
(ii)New Tanks:
Prior to placing hazardous waste into a new tank system, generators
shall have the system evaluated by a registered professional
engineer. The engineer shall determine if the tank system has
46
adequate structural integrity (and compatibility with the waste(s) to
be stored) to retain the designed volume of waste without causing a
rupture, failure or release. In addition, the evaluation shall include
a review of the following:
(a)Design standards for new tank systems used to construct the tank
system and the manufacturer’s specifications.
(b)Characteristics of the hazardous waste to be stored or that has
been stored in the tank and the compatibility of the tank system
with said waste.
(c)The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent
damage to the system during installation. Prior to covering,
enclosing, or placing a new tank system or component in use, an
independent, qualified installation inspector or a qualified
Professional Engineer, either of whom is trained and experienced
in the proper installation of tank systems, must inspect the system
or component for the presence of any of the following items:
Weld breaks;
Punctures;
Scrapes of protective coatings;
Cracks;
Corrosion;
Other structural damage or inadequate construction or
installation.
All discrepancies must be remedied before the tank system is
covered, enclosed, or placed in use.
(d)For any tank system or components in which the external shell of
a metal tank or any external metal component of the tank system
is or will be in contact with soil or water, the following corrosion
assessment details are required:
Factors affecting the potential for corrosion, including but
not limited to: soil moisture content, soil pH, soil sulfides
level, soil resistivity, structure to soil potential, Influence of
nearby underground metal structures (e.g., piping), stray
electric current and Existing corrosion-protection measures
(e.g., coating, cathodic protection), and
The type and degree of external corrosion protection that
are needed to ensure the integrity of the tank system during
the use of the tank system or component, consisting of one
or more of the following:
Corrosion-resistant materials of construction such as
special alloys or fiberglass-reinforced plastic;
Corrosion-resistant coating (such as epoxy or
fiberglass) with cathodic protection (e.g., impressed
current or sacrificial anodes); and
47
Electrical isolation devices such as insulating joints
and flanges.
NOTE: The practices described in the National Association of Corrosion
Engineers (NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of
External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
Storage Systems,’’ and the American Petroleum Institute (API) Publication 1632,
‘‘Cathodic Protection of Underground Petroleum Storage Tanks and Piping
Systems,’’ may be used, where applicable, as guidelines in providing corrosion
protection for tank systems.
(e)The owner or operator must provide the type and degree of
corrosion protection necessary, based on the information
provided above to ensure the integrity of the tank system during
use of the tank system. The installation of a corrosion protection
system that is field fabricated must be supervised by an
independent corrosion expert to ensure proper installation.
(f)Tank systems shall be tested to ensure that they are not leaking,
or will not leak, by either having a qualified professional engineer
enter the tank system and conduct an interior inspection, or if the
tank is non-enterable by conducting a precision leak test on the
tank system.
(g)For any underground tank system components that are likely to
be affected by vehicular traffic, a determination of design or
operational measures to protect the tank system from damage and
design considerations shall ensure that:
Tank foundations will maintain the load of a full tank;
Tank systems will be anchored to prevent flotation or
dislodgement where the tank system is placed in a saturated
zone, or is located within a seismic fault zone;
Tank systems will withstand the effects of frost heave.
(h)The evaluation (and the annual tank system testing, if required)
shall be documented in writing and the written report shall be
maintained on-site by the generator and shall be made available
to Department personnel upon request.
(i)All new tanks and ancillary equipment must be tested for tightness
prior to being covered, enclosed or placed in use. If a tank system
is found not to be tight, all repairs necessary to remedy the leak(s)
in the system must be performed prior to the tank system being
covered, enclosed, or placed in use.
(j)Ancillary equipment must be supported and protected against
physical damage and excessive stress due to settlement, vibration,
expansion or contraction.
NOTE: The piping system installation procedures described in American
Petroleum Institute (API) Publication 1615 (November 1979), ‘‘Installation of
Underground Petroleum Storage Systems,’’ or ANSI Standard B31.3, ‘‘Petroleum
48
Refinery System,’’ may be used, where applicable, as guidelines for proper
installation of piping systems.
2. Tank systems that are leaking or are deemed unfit for use are subject to
Section 5.13(C)(7)(g) of this Rule. All new tanks systems that have leaks
shall be repaired to remedy the leaks prior to covering, enclosing or placing
the tank systems into service. Also, any signs of damage to new tank
systems must be remedied prior to covering, enclosing or placing them into
service as required by Section 5.13(C)(1)(c)(i) above.
3. New Tank System Installation Tasks.
(a)
New tanks systems or components and piping that are placed
underground and backfilled, shall use a backfill material that is a non-
corrosive, porous, homogeneous substance. The backfill shall be
placed completely around the tank and compacted to ensure full and
uniform support for the tank and piping.
(b)
The type and degree of corrosion protection provided shall be based
on the corrosion assessment details of 40 CFR 265.192(a)(3).
Installation of the field fabricated corrosion protection system shall be
supervised by an independent corrosion expert.
4. New Tank System Documentation.
Written statements required to be stored on-site include the Section
5.13(C)(1)(b) certification statement and statements by persons required to
certify the design of the tank system and who supervise the installation of the
tank system, attesting that the tank system was properly designed and
installed and that any tank system repairs, if needed, per Section 5.13(C)(2)
of this Rule, were performed.
5. Secondary containment for tank systems. Large Quantity Generators
shall design and install secondary containment systems in such a manner as
to prevent a spill or release of hazardous waste from the system into the
environment or into the facility. The containment shall be capable of
collecting and containing one hundred percent (100%) of the volume of the
design capacity of the largest tank and shall be designed or capable of being
operated to drain and remove accumulated waste within 24 hours or as
allowed by the Department, based on environmental safety factors. Tank
systems, including sumps, as defined in 40 CFR 260.10, that serve as part of
a secondary containment system to collect or contain releases of hazardous
wastes are exempted from these requirements. The secondary containment
system shall also be (or satisfy the following):
(a)
Constructed of or lined with materials that are compatible with the
hazardous waste stored in the tank system so that the hazardous waste
would not be capable of physically or chemically damaging or
compromising the integrity of the containment system. The
containment system shall be constructed of materials of sufficient
49
thickness and strength to withstand the pressure generated by holding
the designed volume of the hazardous waste.
(b)
Built on a foundation or floor that is free of cracks or gaps, is sealed
or coated with a liquid tight compound (epoxy or resin) and capable of
withstanding movement caused by settling, uplifting or compression
of the underlying soils.
(c)
Provided with a leak detection system that is capable of detecting,
within 24 hours (unless the generator can demonstrate that the
condition or current technologies will not allow detection within 24
hours), any release of hazardous waste or accumulation of other liquid
from the secondary containment. This leak detection system shall be
tested by the generator on an annual basis to ensure that it remains in
an operational state.
(d)
Aboveground tanks that are located outdoors shall have a secondary
containment system that is designed or operated to drain off and
remove accumulated precipitation to prevent it from reducing the
storage capacity of the containment system. The design capacity of
the containment system shall be an amount greater than or equal to one
hundred percent (100%) of the volume of the aboveground tank
system and a volume equivalent to the amount of precipitation
generated by a 25-year, 24 hour storm. Prior to releasing or
discharging any accumulated precipitation the generator shall visually
inspect the accumulated liquid and storage tanks looking for signs of
a release of hazardous waste. In the event that visual evidence of a
release is observed the generator shall collect a sample of the
accumulated liquid and have it analyzed to determine if it meets the
definition
of
hazardous
waste. Generators
shall
manage
the accumulated precipitation in accordance with all applicable
Federal, State and local regulations pertaining to the discharge of
stormwater.
(e)
The containment system shall meet all of the standards listed above
and consist of one of the following designs unless prior approval is
obtained from the Director for the use of an alternate system;
(i) External liner system. An external liner system shall be designed
to completely surround the tank and to cover the entire surrounding
ground surface that is likely to come into contact with the waste if
a spill or release occurs and be free of cracks and gaps.
(ii) Vault systems must be:
Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-
on or infiltration. Such additional capacity must be sufficient to
contain precipitation from a 25-year, 24-hour rainfall event;
50
Constructed with chemical-resistant water stops in place at all
joints (if any);
Provided with an impermeable interior coating or lining that is
compatible with the stored waste and that will prevent migration
of waste into the concrete;
Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the waste being stored or
treated:
Meets the definition of ignitable waste under § 261.21
of this chapter, or
Meets the definition of reactive waste under § 261.23
of this chapter and may form an ignitable or explosive
vapor; and
Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the
vault if the vault is subject to hydraulic pressure.
(f)
Double walled systems shall be comprised of an inner tank inside an
outer shell constructed of, or lined with, a corrosion resistant material
that is compatible with the waste. The system shall also have a built-
in continuous leak detection system (such as an interstitial monitor)
capable of detecting a release within twenty four (24) hours, unless the
generator can demonstrate that site conditions or current technologies
will not allow for detection within that time period.
(g)
Ancillary equipment shall be provided with full secondary
containment (e.g., trench, jacketing, double-walled piping) that meets
the secondary containment requirements in Section 5.13( C)(5) above
except for:
(i) Aboveground piping (exclusive of flanges, joints, valves, and
connections) that are visually inspected for leaks on a daily basis;
(ii) Welded flanges, welded joints, and welded connections that are
visually inspected for leaks on a daily basis;
(iii) Sealless or magnetic coupling pumps and sealless valves, that
are visually inspected for leaks on a daily basis; and
(iv) Pressurized aboveground piping systems with automatic shut-
off devices (e.g., excess flow check valves, flow metering
shutdown devices, loss of pressure actuated shut-off devices) that
are visually inspected for leaks on a daily basis.
(h)
Tanks, sumps and other collection devices used in conjunction with
drip pads, as defined in 40 CFR 260.10 and regulated in Rule 5.13(E)
[Drip Pads] must meet the requirements of these rules.
6. Daily inspection. Generators shall inspect tank systems holding hazardous
waste once each operating day (except as provided in item f below) and shall
maintain a written record of each inspection. The inspection shall include at
least the following:
51
a. Overfill/spill control equipment (e.g., waste feed cutoff systems,
bypass systems and drainage systems) to ensure they are in working
order.
b. Visual inspection of the aboveground sections of a tank for signs of
corrosion or release of waste.
c. The construction materials and area immediately surrounding the
tank system, including the secondary containment system, looking
for signs of corrosion and for signs of a release of hazardous waste.
d. Data gathered from any and all monitoring and leak detection
equipment that is part of the tank system to ensure that it is operating
properly.
e. Ancillary equipment, as described in Section 5.13(C)(5)(g)(i-iv)
above that is not provided with secondary containment.
f. If cathodic protection systems are present, the owner or operator
must inspect them, according to, at a minimum, the following
schedule to ensure that they are functioning properly:
i. The proper operation of the cathodic protection system must
be confirmed within six months after initial installation, and
annually thereafter; and
ii. All sources of impressed current must be inspected and/or
tested, as appropriate, at least bimonthly (i.e., every other
month).
NOTE: The practices described in the National Association of Corrosion Engineers
(NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of External Corrosion
on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,’’ and the
American Petroleum Institute (API) Publication 1632, ‘‘Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems,’’ may be used, where
applicable, as guidelines in maintaining and inspecting cathodic protection systems.
7. Generators that store hazardous waste in tanks shall comply with the
following requirements:
a. Waste Accumulation: Hazardous Waste shall be stored in tanks for
a period of time not to exceed ninety (90) days from the date the
waste was first placed into the tank.
b. Accumulation Start Date: Generators shall either mark the side of
a tank holding hazardous waste with the date the waste first began to
accumulate, or maintain a written log that records the date that
hazardous waste was first placed into or removed from the tank.
c. Construction: Hazardous waste shall be placed into a tank system
that is constructed of, or lined with, material that is compatible with
the hazardous waste.
d. Spill Prevention: Appropriate controls and procedures shall be used
to prevent spills and overflows from the tank system or secondary
containment device. These shall include at least the following:
52
iii. Spill prevention controls (e.g., check valves).
iv. Overfill controls (e.g., level sensing alarms, high level
alarms, automatic waste feed cutoff systems, or by-pass to
standby tank).
v. Maintenance of sufficient freeboard (at least 2 feet) in
uncovered tanks to prevent overtopping by wind or wave
action or by precipitation.
e. Inappropriate Wastes and Incompatible Wastes: Hazardous
wastes or treatment reagents shall not be placed in a tank system if
they could cause the tank, its auxiliary equipment, or the secondary
containment system to rupture, lead, corrode, or otherwise fail.
Incompatible hazardous wastes, or incompatible wastes and
materials shall not be placed into the same tank system if the wastes
have the potential to cause the tank to leak or otherwise damage the
tank system and unless the generator complies with 40 CFR
265.17(b) requirements. Hazardous waste shall not be placed in an
unwashed tank which previously held an incompatible waste or
material, unless the generator complies with 40 CFR 265.17(b).
f. Ignitable or Reactive Wastes:
vi. Ignitable or reactive wastes shall not be placed into a tank
system unless the generator complies with the requirements
in 40 CFR 265.17(b) and:
(1) Treats, renders or mixes the hazardous waste so that
the waste is no longer ignitable or reactive; or
(2) The waste is stored or handled in such a way that it is
protected from any material or conditions that may
cause the waste to ignite or react; or
(3) The tank system is used solely for emergency storage.
vii. Generators storing ignitable or reactive wastes in tanks shall
also locate the tanks on the site away from the public ways or
property boundaries in compliance with the buffer zone
requirements in Tables 2-1 – 2-6 of the National Fire
Protection Association’s “Flammable and Combustible
Liquids Code” (1977 or 1981).
g. Tank Failure or Leaking Tank: A tank system that fails or leaks
waste shall immediately be removed from service. Additionally the
generator shall meet the following requirements:
i. Immediately stop the flow of waste to the tank system or to
the secondary containment, inspect the tank system to
determine the source of the release, and complete repairs, as
required below before allowing further use.
(1) If the cause of the release was a spill that has not
damaged
the
integrity
of
the
system,
the
53
owner/operator may return the system to service as
soon as the released waste is removed and repairs, if
necessary, are made.
(2) If the cause of the release was a leak from the primary
tank system into the secondary containment system,
the system must be repaired prior to returning the tank
system to service.
(3) Major repairs require PE certification of tank re-
usability. If the owner/operator has repaired a tank
system
in
accordance
with
requirements
of
5.13(C)(7)(g) (1) and (2) and 5.13(C )(7)(g)(vi), and
the repair has been extensive (e.g., installation of an
internal liner; repair of a ruptured primary
containment or secondary containment vessel), the
tank system must not be returned to service unless the
owner/operator has obtained a certification by a
qualified Professional Engineer in accordance with
40 CFR 270.11(d) that the repaired system is capable
of handling hazardous wastes without release for the
intended life of the system. This certification is to be
placed in the operating record and maintained until
closure of the facility.
ii. Remove all waste from the tank system within 24 hours of
the discovery of the release and manage said waste in
accordance with these regulations.
iii. If waste was released to the secondary containment system,
the generator shall remove all accumulated hazardous waste
from the secondary containment device within 24 hours and
manage said waste in accordance with these regulations.
iv. Comply with all requirements relating to release reporting
and mitigation from tanks, as required by 40 CFR 265.196(d).
v. Prevent further migration of any leaks or spills to soils or
surface water, if applicable, and remove and properly dispose
of any visible contamination of soil or surface water, if
applicable.
vi. If the source of the release was a leak to the environment from
a component of a tank system without secondary
containment,
the
owner/operator
must
provide
the
component of the system from which the leak occurred with
secondary containment that satisfies the requirements for
containment and detection of leaks in Rule 5.13(C)(1-5)
before it can be returned to service, unless the source of the
leak is an aboveground portion of a tank system that can be
inspected visually. If the source is an aboveground
component that can be inspected visually, the component
54
must be repaired and may be returned to service without
secondary containment as long as the requirements of section
5.13(C)(7)(g)(i)(3) above are satisfied. If a component is
replaced to comply with this requirements, that component
must satisfy the requirements for new tank systems or
components in 5.13(C)(1-5). Additionally, if a leak has
occurred in any portion of a tank system component that is
not readily accessible for visual inspection (e.g., the bottom
of an inground or onground tank), the entire component must
be provided with secondary containment in accordance with
Rule 5.13(C)(5) prior to being returned to use.
vii. Unless the owner or operator satisfies the requirements of
5.13(C)(7)(g)(i)(1) and (2) AND (C)(7)(g)(vi), the tank
system must be closed in accordance with Rule 5.13(C)(7)(h)
(Closure and Post Closure Care Actions).
h. Closure and Post-Closure Care Actions: At closure of a tank
system, LQGs must remove or decontaminate all waste residues,
contaminated containment system components (liners, etc.),
contaminated soils, and structures and equipment contaminated with
waste, and manage them as hazardous waste (if they meet the
definition of such in Rule 3). If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or
decontaminated as required, then the owner or operator must close
the tank system and perform post-closure care in accordance with the
closure and post-closure care requirements that apply to landfills (40
CFR 265.310). In addition, for the purposes of closure, post-closure,
and financial responsibility, such a tank system is then considered to
be a landfill and the closure plan, closure activities, cost estimates
for closure, and financial responsibility for tank systems must meet
all of the requirements of 40 CFR 265 Subparts G and H.
D. Containment Buildings:
LQGs that store hazardous waste in containment buildings shall comply with the
requirements of 40 CFR part 265 subpart DD, including 40 CFR 265.1102, and the
requirements of 40 CFR 265.111 and 265.114. The LQG shall obtain a certification
from a professional engineer that the containment building complies with the design
standards specified in 40 CFR 265.1101 prior to operation of the unit and shall
maintain the following records at the facility:
1.
A copy of the professional engineer’s certification of the generator’s
compliance with the design standards in 40 CFR 265.1101.
2.
A written description of procedures to ensure that the hazardous waste remains
in the containment building for no more than 90 days, a written description of
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the waste generation and management practices for the facility showing that
they are consistent with the 90-day storage limit, and documentation that the
generator is complying with the procedures; or
3.
Documentation that the containment building is emptied at least once every
90 days.
E. Drip Pads:
LQGs may store waste on drip pads provided that the generator complies with all of
the requirements of Subpart W of 40 CFR 265 and maintains the following records
at the facility:
1.
A written description of procedures that the generator shall follow to ensure
that all hazardous wastes are removed from the drip pad and associated
collection system at least once every 90 days; and
2.
Documentation of each waste removal, including the quantity of waste
removed from the drip pad and the sump or collection system and the date and
time of removal.
F. Labeling:
1.
Each accumulation container holding hazardous waste shall be labeled with
the following information:
(a) The words “Hazardous Waste”.
(b) The chemical or common name of the waste.
(c) Name, address and EPA Identification Number of the generating facility.
2.
Each tank holding hazardous waste shall be labeled with the following
information:
(a) The words “Hazardous Waste”.
(b) The chemical or common name of the waste.
3.
Each satellite accumulation container shall be labeled as required by Rule 5.9
(satellite accumulation).
G. Notification and Cleanup of Spills or Releases:
In the event of a spill or release of hazardous waste or material that presents any risk of
injury to health or the environment, the generator or any other person having
knowledge of the spill or release shall immediately notify the Department (daytime-
401-222-1360 24 hours- 401-222-3070) and provide all requested information dealing
with such a spill or release.
The generator must note in the operating record the time, date, and details of any
incident that requires implementing the contingency plan. Within 15 days after the
incident, he/she must submit a written report on the incident to the Department. The
report must include:
56
1.
Name, address, and telephone number of the owner or operator;
2.
Name, address, and telephone number of the facility;
3.
Date, time, and type of incident (e.g., fire, explosion);
4.
Name and quantity of material(s) involved;
5.
The extent of injuries, if any;
6.
An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
7.
Estimated quantity and disposition of recovered material that resulted from the
incident.
In accordance with the requirements of 40 CFR 265.56 (b) through (h), the generator
shall immediately take steps to prevent, contain and/or clean up the spill or release of
hazardous waste or hazardous material and also remove and properly dispose of any
materials contaminated by the spill or release, such as contaminated soil or surface
water.
H. Spill Prevention, Response Equipment and Arrangements with Local
Authorities:
1.
LQGs shall maintain and operate their facilities in a manner that minimizes
the possibility of a fire, explosion, or any unplanned spill or release of
hazardous waste or hazardous waste constituents to the air, soil, or surface
waters of the State.
2.
LQGs shall be equipped with the following, unless hazards posed by waste
handled at the facility would not require a particular piece of equipment
specified below. LQGs shall maintain spill control and emergency equipment
at or near all areas where hazardous waste is generated and stored at the
facility. The spill control equipment shall be designed to be effective when
used on the type of hazardous waste typically generated at the subject facility.
LQGs shall keep an amount of spill control equipment on-site at all times that
is capable of controlling or absorbing a release of waste equal to the volume
of the largest hazardous waste container in a specific area. LQGs shall test all
communications systems, alarm systems, fire control equipment and
decontamination equipment as necessary to maintain the equipment to ensure
its proper operation on at least an annual basis. The communications systems,
spill control equipment and emergency equipment/materials shall consist of
the following:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel.
(b) A device, such as a telephone (immediately available at the scene of
operations), cell phone, or a hand-held two way radio, capable of
summoning emergency assistance from local police departments, fire
departments, or State or local emergency response teams.
(c) Fire control equipment (including, but not limited to, portable fire
57
extinguishers special extinguishing equipment, such as that using foam,
inert gas, or dry chemicals).
(d) Spill control equipment (including, but not limited to, sorbents, rags, pigs,
pads, and drain stops).
(e) Decontamination equipment (including, but not limited to, eye washer and
showers).
(f) Water at adequate volume and pressure to supply water hose streams or
foam producing equipment, or automatic sprinklers, or water spray
systems.
3.
Whenever hazardous waste is being poured, mixed, spread, or otherwise
handled, all personnel involved in the operation must have immediate access
to an internal alarm or emergency communication device, either directly or
through visual or voice contact with another employee, unless the Director has
ruled that such a device is not required under Rule 5.13(H)(2) above.
4.
If there is ever just one employee on the premises while the facility is
operating, he must have immediate access to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-way
radio, capable of summoning external emergency assistance, unless the
Director has ruled that such a device is not required under Rule 5.13(H)(2)
above.
5.
Arrangements shall be made or attempted to be made with the appropriate
local authorities, in accordance with the requirements of 40 CFR 265.37.
I. Personnel Training:
LQGs who store hazardous waste on-site shall develop and maintain on-site, a
written employee training program and shall provide this training to all of its
employees whose job duties involve the handling or management of hazardous
waste within six (6) months of their initial hiring date. The training program shall
be directed by an individual who has been trained in the area of hazardous waste
management regulations by a qualified environmental consultant, qualified
academic instructor or by having completed a specialized program of study. The
training program shall contain and cover at a minimum the following information:
1.
A definition of regulated hazardous waste and a list of hazardous wastes
typically generated or stored by the facility.
2.
Management procedures that are required to be followed in order to properly
handle and store hazardous waste on-site.
3.
A description of any applicable regulatory exemptions that are utilized by the
company for storing and/or managing hazardous waste generated at the
facility.
4.
A description of container and tank labeling and dating requirements as
appropriate.
5.
A description of accumulation (storage) time limits.
6.
Waste pre-transport requirements, including proper use of Uniform Hazardous
Waste Manifests.
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7.
Proper implementation of the facility’s hazardous waste contingency plan, if
applicable, including response to fires or explosions and response to
groundwater contamination incidents.
8.
Spill prevention and response including procedures for using, inspecting,
repairing, and replacing emergency equipment and monitoring equipment,
operation of any continuous feed cut-off systems, communication or alarm
systems, location and use of emergency response equipment and procedures
for the complete shutdown of facility operations.
9.
Proper evacuation procedures and routes.
10. LQGs shall provide an annual review of the initial training for all of their
employees who handle or manage hazardous waste that covers all of the
information listed above. LQGs shall also maintain written documentation of
the type and amount of training provided to each employee, the employee’s
name and job title, a description of the employee’s duties and qualifications
for the job and a dated sign-in sheet for each training session for a period of at
least three (3) years from the date employees left the facility, for former
employees, or until facility closure for current personnel.
J. Hazardous Waste Contingency Plan:
Large quantity generators of hazardous waste shall prepare and develop a site
specific written hazardous waste contingency plan for their facilities. The
contingency plan shall be designed to minimize hazards to human health or the
environment from fires, explosions, or any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents to air, soil or surface water. The
provisions of the plan shall be carried out immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents that could
threaten human health or the environment. The contingency plan requirements also
include the following:
1.
The contingency plan shall include a description of actions to be taken by
facility personnel in response to a fire, explosion or any unplanned spill or
release of hazardous waste or hazardous materials to the air, soil, or waters of
the State.
2.
The plan shall include a description of the arrangements made with outside
emergency responders (police, fire departments, hospitals, contractors, state
and local emergency response teams) to coordinate emergency services to the
facility
3.
The plan shall list the names, addresses, and phone numbers (work and home)
of all persons qualified to act as emergency coordinators, shall identify one
person as the primary emergency coordinator for the company and other
persons shall be listed in the order in which they will assume this role, as
alternates. The generator shall ensure that at all times there is at least one
employee either on the facility premises or on call (i.e., available to respond
to an emergency by reaching the facility within a short period of time) with
59
the responsibility for coordinating all emergency response measures. The list
of coordinators shall be kept up to date.
4.
The plan shall include a list and description of all emergency equipment (and
their capabilities) at the facility (such as fire extinguishers, spill control
equipment, communication and alarm systems and decontamination
equipment) and shall indicate where such equipment is located throughout the
facility. This list shall be kept up to date.
5.
The plan shall include an evacuation plan for personnel where there is a
possibility that evacuation may be necessary as the result of a fire, explosion,
spill or other emergency. The plan shall describe the signal to be used to
initiate the evacuation, the routes to be taken by company personnel and
alternate routes in the event of blockage of primary routes.
6.
Generators shall maintain a copy of the current hazardous waste contingency
plan at the facility and shall be able to locate the plan immediately in an
emergency or upon request for inspection purposes. A copy of the current
plan shall be provided to all agencies (fire department, police department,
hospital, State or local response agency) that may be called upon to respond
to an incident at the facility and/or provide emergency services.
7.
Generators shall review and amend the contingency plan as necessary if any
of the following occurs:
(a) Applicable regulations are revised.
(b) The plan fails to work during an emergency or incident.
(c) The generator’s facility changes in design, construction, operation,
maintenance or other manner that materially increases the potential for
fires, explosions, releases of hazardous waste or changes the logistics for
a response to an incident at the facility.
(d) The list of emergency coordinators changes.
(e) The type or amount of emergency equipment is changed.
8.
The Hazardous Waste Contingency Plan shall include a list of emergency
procedures to be taken by emergency coordinators that shall include at least
the following (if applicable to the facility’s operations and the types of
hazardous wastes generated):
(a) The method for activation of alarms or communication systems and
notification to DEM (daytime phone 401-222-1360, 24 hour- 401-222-3070)
and other agencies with response roles.
(b) Whenever there is a release, fire, or explosion, procedures to be carried
out by the emergency coordinator(s) to immediately identify the nature
and real extent of the hazardous waste involved, assessment of possible
hazards to human health or the environment,
(c) Emergency procedures to be taken by the emergency coordinator(s) in
order to give assistance to outside responders to facilitate evacuation and
notification to government officials as required and per Rule 5.13(J)(9)
below.
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(d) Emergency procedures to be taken by emergency coordinators to ensure
that fire, explosions, and releases do not occur, recur or spread to other
hazardous waste at the facility.
(e) Emergency monitoring procedures of leaks, ruptures, pressure build-up
and gas generation to be conducted by emergency coordinators if the
facility stops operation in response to a fire, explosion, release or other
incident.
(f) Emergency procedures to be taken by emergency coordinators to provide
for storing, treating, or disposing of all wastes, contaminated soil or
surface water, and other materials resulting from a fire, explosion, release
or other incident.
(g) Emergency procedures to be taken by emergency coordinators to ensure
that no waste that is incompatible with the released material is stored,
treated or disposed of until clean-up is completed and all emergency
equipment is cleaned and fit for reuse after an incident and procedures
for the generator to notify the Department that such measures have been
taken.
(h) The procedure to be taken by the generator to comply with the
notification requirements contained in this Rule and the notification
requirements of 40 CFR 265.56(i).
9.
The generator or his/her designee shall, in the event of a fire, spill or release,
take appropriate action to control and terminate the incident by instituting the
measures described in the contingency plan. The generator shall immediately:
(a) In the event of a fire, call the fire department or attempt to extinguish the
fire using a fire extinguisher.
(b) In the event of a fire, explosion or other release that could threaten human
health or when the generator has reason to suspect that a spill may cause a
release to the environment, the generator shall immediately notify the
National Response Center (800-424-8802). The report shall include the
following information:
(i) Name and telephone number of person reporting the incident.
(ii) The name, address and U.S. EPA Identification Number of the
generator.
(iii) Date, time and type of incident (e.g., spill or fire).
(iv) Quantity and type of hazardous waste involved in the incident.
(v) Extent of injuries, if any.
(vi) The possible hazards to human health and the environment
outside of the facility.
(vii) Estimated quantity and disposal of recovered materials, if any.
K. Waste Shipment:
LQGs shall send hazardous waste only to a designated facility. The generator
shall not send hazardous waste from the property where it is generated, without
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preparing a Manifest to accompany the waste, except where 40 CFR 262.20(f)
[transport on a right-of-way within or along a contiguous property] applies and the
transporter complies with 40 CFR 263.30 and 263.31 [hazardous waste
discharges], nor shall he/she offer hazardous waste to a facility that 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 decal 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:
1. The generator, except for those shipments of exclusively used oil, shall
complete the generator section of the Manifest prior to sending any hazardous
waste from the property where it is generated. The generator shall complete
this section in accordance with the requirements of 40 CFR 262.20 and the
related appendix to 40 CFR 262 (instructions for the uniform hazardous waste
Manifest) and the requirements of these rules and regulations. The generator
will also note in item 13 of the Manifest if the waste is an R006 waste as
defined by the “Rhode Island Hazardous Wastes” definition in Rule 3. The
generator shall also indicate if the waste is exempt from the generator fee by
listing waste codes R011 through R016 if appropriate.
2. The generator shall complete the generator section of a Manifest prior to the
shipment of the waste and shall certify as follows:
I am a large quantity generator. I have a program in place to reduce the
volume and toxicity of waste generated to the degree I have determined to
be economically practicable and I have selected the practicable method of
treatment, storage, or disposal currently available to me which minimizes
the present and future threat to human health and the environment;
3. 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.
4. The generator shall obtain the signature of the initial transporter and date of
acceptance of the manifest as required by 40 CFR 262.23(a)(2). The generator
shall also 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.
5. A generator sending or receiving waste to or from a foreign country shall
comply with the federal requirements in 40 CFR 262 Subpart E, 40 CFR 262
Subpart F and 40 CFR 262 Subpart H in addition to complying with the
applicable state generator requirements.
6. For shipments of hazardous waste to a designated facility in an authorized State
which has not yet obtained authorization to regulate that particular waste as
hazardous, the generator must assure that the designated facility agrees to sign
and return the manifest to the generator, and that any out-of-state transporter
signs and forwards the manifest to the designated facility.
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7. For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated
and signed in accordance with this section to the owner or operator of the
designated facility or the last water (bulk shipment) transporter to handle the
waste in the United States if exported by water. Copies of the manifest are not
required for each transporter.
8. For rail shipments of hazardous waste within the United States which originate
at the site of generation, the generator must send at least three copies of the
manifest dated and signed in accordance with this section to:
(a) The next non-rail transporter, if any; or
(b) The designated facility if transported solely by rail; or
(c) The last rail transporter to handle the waste in the United States if exported
by rail.
9. A generator shipping wastes via water or rail shall comply with the provisions
of 40 CFR 263.20 (e) or (f).
10. In accordance with 40 CFR 262.33, before transporting hazardous waste or
offering hazardous waste for transportation off-site, an LQG shall placard or
offer the initial transporter the appropriate placards according to U.S.
Department of Transportation regulations for hazardous materials under 49
CFR 172 Subpart F.
11. A generator who does not receive a copy of the manifest with the signature of
the owner or operator of the designated facility within 35 days of the date the
waste was accepted by the initial transporter must contact the transporter
and/or the owner or operator of the designated facility to determine the status
of the hazardous waste.
12. A generator must submit an Exception Report to the Department if he has not
received a copy of the manifest with the signature of the owner or operator of
the designated facility within 45 days of the date the waste was accepted by
the initial transporter. The Exception Report must include:
(a) A legible copy of the manifest for which the generator does not have
confirmation of delivery;
(b) A cover letter signed by the generator or his authorized representative
explaining the efforts taken to locate the hazardous waste and the results
of those efforts.
13. A generator shall designate on the Manifest one designated facility that is
permitted to handle the waste described on the Manifest. A generator may
also designate on the Manifest one alternate designated facility that is
permitted to handle his waste in the event an emergency prevents delivery of
the waste to the primary designated facility.
14. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are returned to the generator by the designated
facility (following the procedures of 40 CFR 264.72(f) or 265.72(f)), the
generator must:
(a) Sign either:
63
(i) Item 20 of the new manifest if a new manifest is used for the returned
shipment; or
(ii) Item 18c of the original manifest if the original manifest is used for the
returned shipment;
(b) Provide the transporter a copy of the manifest;
(c) Within 30 days of delivery of the rejected shipment or container residues
contained in non-empty containers, send a copy of the manifest to the
designated facility that returned the shipment to the generator; and
(d) Retain at the generator’s site a copy of each manifest for at least three years
from the date of delivery.
15. A generator who sends a shipment of hazardous waste to a designated facility
with the understanding that the designated facility can accept and manage the
waste and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of 40 CFR 264.72 or 40
CFR 265.72 may accumulate the returned waste on-site in accordance with the
requirements of Rule 5.13. Upon receipt of the returned shipment, the
generator must:
(a) Sign item18c of the manifest, if the transporter returned the shipment using
the original manifest; or
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using
a new manifest.
16. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are forwarded to an alternate facility by a
designated facility using a new manifest (following the procedures of 40 CFR
264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6)), the generator
must comply with the requirements of above for exception reporting for the
shipment forwarding the material from the designated facility to the alternate
facility instead of for the shipment from the generator to the designated
facility. For purposes of compliance with exception reporting above, for a
shipment forwarding such waste to an alternate facility by a designated
facility:
(a) The copy of the manifest received by the generator must have the signature
of the owner or operator of the alternate facility as required by 262.42(c)(1)
in place of the signature of the owner or operator of the designated facility,
and
(b) The 35/45-day timeframes begin the date the waste was accepted by the
initial transporter forwarding the hazardous waste shipment from the
designated facility to the alternate facility.
17. The Director, as he/she deems necessary, may require generators to furnish
additional reports concerning the quantities and disposition of wastes
identified or listed in 40 CFR part 261.
18. 40 CFR 262.21 and 262.22 [regarding manifest numbers, obtaining and printing
manifest and number of copies of manifests] are incorporated by reference.
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19. The Department has not adopted the federal exemption from manifesting
requirements in 40 CFR 262.20(e) that allows certain waste, reclaimed under
certain contractual agreements.
20. In addition to providing the manifest, a generator must provide a one-time Land
Disposal Restriction (LDR) notification to the TSD facility as required by 40
CFR 268.7(a)(2) and 40 CFR 268.7(a)(3) as administered by the EPA.
L. Biennial Reports:
LQGs as well as those who have treated, stored or disposed of hazardous waste during
the reporting period, shall prepare and submit a biennial report (on appropriate forms
provided by the Department) in accordance with the provisions of 40 CFR 262.41. The
report shall be submitted to the Department by March 1 of the even-number year, that
reports hazardous waste activities for the immediately preceding odd-number year.
Additional reporting, as per 40 CFR 262.43, may also be required. Household
hazardous waste shall be exempt from reporting in the biennial report.
5.14 Small Quantity Generators (SQGs) Waste Management Requirements:
The following requirements apply to Small Quantity Generators as defined in Rule 3.
As per Rule 5.6C, if an SQG generates or stores more waste than specified in the
definition of an SQG in Rule 3, he/she must notify the Department and manage the waste
in accordance with the provisions of Rule 5.13 (LQG).
A. Hazardous Waste Storage:
SQGs may store hazardous waste on-site for a period of time that does not exceed one
hundred eighty (180) days, without first obtaining a storage permit as required by
Hazardous Waste Rule 7. Hazardous waste may not be stored in containment buildings
or drip pads. An SQG who stores hazardous waste for more than 180 days is an operator
of a storage facility and is subject to the Rule 8 operational requirements for treatment,
storage, and disposal facilities requirements, 40 CFR 264, and the permit requirements
of Rule 7.
B. Hazardous Waste Accumulation in Containers:
SQGs may store hazardous waste in containers provided that the generator:
1. Marks the side of containers holding hazardous waste with the date upon which
the waste first began to accumulate.
2. Keeps all containers holding hazardous waste closed except when it is
necessary to add or remove waste.
3. Opens, handles and stores containers holding hazardous waste in a manner that
does not, or is not likely to, cause a spill or release of hazardous waste.
4. Immediately transfers hazardous waste from any and all containers that are not
in good condition as a result of physical or chemical forces that have reduced
65
the containers structural integrity, or if they begin to leak, to a container(s) that
is in good condition and compatible with the hazardous waste being
transferred.
5. Stores all containers holding ignitable or reactive hazardous waste in an area
that is at least fifty (50) feet from any property boundary lines.
6.
Takes precautions to prevent accidental ignition or reaction of ignitable or
reactive waste. These wastes must be separated and protected from sources of
ignition, incompatible materials and heat. While ignitable or reactive waste is
being handled, the generator must confine smoking and open flame to
specifically designated locations. “No smoking” signs shall be conspicuously
placed wherever there is a hazard from ignitable or reactive waste.
7. Uses containers constructed of, or lined with, a material that is chemically
compatible with the hazardous waste placed into the containers, so that the
ability of the container to hold the waste is not impaired.
8. Does not place incompatible wastes in the same container unless the mixing is
accomplished so that it does not generate extreme heat or pressure, does not
initiate a fire, explosion or violent reaction and does not produce uncontrolled
toxic mists, fumes, dust or gases and does not damage the structural integrity
of the device containing the waste, and does not threaten human health and the
environment through other like means.
9. Conducts inspections on a weekly basis of all containers holding hazardous
waste for signs of deterioration and or corrosion of the containers and for any
signs of leaks or releases of hazardous waste. Generators shall maintain a
written record documenting the date and time of each inspection, the person
that conducted the inspection and whether any release was identified,
container was replaced or repair needed to containment conditions, of the
result of each inspection for a period of at least three (3) years.
10. Stores hazardous wastes that when mixed would result in an unintended
reaction or are otherwise not compatible in separate containers designed to
contain the subject hazardous wastes. Containers holding hazardous wastes
shall be stored in separate locations from incompatible wastes or materials
present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall)
constructed of or lined with a material that is resistant to the hazardous waste
stored in the area.
11. Does not place hazardous waste in an unwashed container that previously held
an incompatible waste or material, unless the conditions listed in (B)(7) above
are satisfied.
C. Accumulation in Tanks:
SQGs that store hazardous waste in tanks shall comply with all of the requirements
listed below. All generators storing hazardous waste in underground storage tanks
shall also comply with the Rhode Island Rules and Regulations for Underground
Storage Facilities Used for Petroleum Products and Hazardous Materials.
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Tank systems that are used to store or treat hazardous waste which contains no free
liquids and are situated inside a building with an impermeable floor are exempted
from the requirements for containment and detection of released in 5.14(C)(1 and 2
below). To demonstrate the absence or presence of free liquids in the stored/treated
waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as
described in ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,’’ EPA Publication SW–846, as incorporated by reference in 40 CFR 260.11
of this chapter.
SQGs storing hazardous waste in aboveground tanks shall comply with the following.
Tank systems, including sumps, as defined in 40 CFR 260.10,that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes are
exempted from the requirements of items 1 and 2 below.
:
1. Tank Systems without Containment.
SQGs that store hazardous waste in tank systems that are not equipped
with a secondary containment feature shall inspect the tank systems
once each operating day and shall maintain a written record of each
inspection. The inspection shall include at least the following:
(a)
Overfill/spill control equipment (e.g., waste feed cutoff systems,
bypass systems and drainage systems) to ensure they are in working
order.
(b)
Visual inspection of the aboveground sections of a tank for signs of
corrosion or release of waste.
(c)
The construction materials and area immediately surrounding the tank
system’s discharge confinement structures, if any, looking for signs of
corrosion and for signs of a release of hazardous waste.
(d)
Any and all monitoring equipment that is part of the tank system to
ensure that it is operating properly.
(e)
The level of the waste in the tank to ensure at least 2 feet of freeboard.
2.
Tank Systems with Containment.
SQGs that store hazardous waste in tank systems that are equipped
with a secondary containment feature shall inspect the tank systems
once every week and shall maintain a record of each inspection. The
inspection shall include at least the following:
(a)
Overfill/spill control equipment (e.g., waste feed cutoff systems,
bypass systems and drainage systems) to ensure they are in working
order.
(b)
Visual inspection of the aboveground sections of a tank for signs of
corrosion.
(c)
The construction materials and area immediately surrounding the tank
system’s secondary containment, looking for signs of corrosion and
for signs of a release of hazardous waste.
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(d)
Any and all monitoring equipment that is part of the tank system to
ensure that it is operating properly.
(e)
The level of waste in the tank to ensure at least 2 feet of freeboard.
3.
SQGs that store hazardous waste in tanks shall comply with all of the
following requirements:
(a)
Waste Accumulation: Hazardous waste shall be stored in tanks for a
period of time not to exceed one hundred-eighty (180) days from the
date the waste was first placed into the tank.
(b)
Accumulation Start Date: The side of a tank holding hazardous
waste shall be marked with the date the waste first began to
accumulate, or a written log shall be maintained that records the date
that hazardous waste was first placed into or removed from the tank.
(c)
Construction: Hazardous waste shall be placed into a tank system that
is constructed of, or lined with, material that is compatible with the
hazardous waste.
(d)
Spill Prevention: Appropriate controls and procedures shall be used
to prevent spills and overflows from the tank system or secondary
containment device. These shall include at least the following:
(i) Spill prevention controls (e.g., check valves).
(ii) Overfill controls (e.g., level sensing alarms, high level alarms,
automatic waste feed cutoff systems, by-pass to standby tank).
(iii) Maintenance of sufficient freeboard (at least 2 feet) in uncovered
tanks to prevent overtopping by wave action.
(e)
Inappropriate Wastes and Incompatible Wastes: Hazardous waste
or treatment reagents shall not be placed in a tank if they could cause
the tank or its inner liner to rupture, leak, corrode, or otherwise fail
before the end of its intended life. Incompatible hazardous wastes, or
incompatible wastes and materials, shall not be placed into the same
tank system if the wastes have the potential to cause the tank to leak
or otherwise damage the tank system and unless the generator
complies with 40 CFR 265.17(b) requirements. Hazardous waste shall
not be placed in an unwashed tank which previously held an
incompatible waste or material, unless 40 CFR 265.17(b) is complied
with.
(f)
Ignitable or Reactive Wastes:
(i) Ignitable or reactive wastes shall not be placed into a tank system
unless the generator complies with the requirements in 40 CFR
265.17(b) and:
Treats, renders or mixes the hazardous waste so that the waste
is no longer ignitable or reactive; or
The waste is stored or handled in such a way that it is protected
from any material or conditions that may cause the waste to
ignite or react; or
The tank system is used solely for emergency storage.
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(ii) Generators storing ignitable or reactive wastes in tanks shall also
locate the tanks on the site away from the public ways or property
boundaries in compliance with Table 2-1 through 2-6 of the buffer
zone requirements of the National Fire Protection Association’s
“Flammable and Combustible Liquids Code” (1977 or 1981).
(g)
Tank Failure: a tank system shall immediately be removed from
service that fails or leaks waste. Additionally the generator shall meet
the following requirements:
(i) Immediately stop the flow of waste to the tank system, inspect the
tank system to determine the source of the release, and complete
repairs, a required by 40 CFR 265.196(e), before allowing further
use. Major repairs require the contractor conducting the repair
certify that the tank meets the requirements of 40 CFR 265.196(e).
(ii) Remove all waste from the tank system within 24 hours of the
discovery of the release and manage said waste in accordance with
these regulations.
(iii) If waste was released to the secondary containment system, the
generator shall remove all accumulated hazardous waste from the
secondary containment device and manage said waste in
accordance with these regulations.
(h)
Notification of Spills: Comply with the requirements of notification
of spills relating to spill reporting and mitigation from tanks.
(i)
Closure Actions: Upon closure of the tank, or termination of the
process that generated the waste stored in the tank system, all
hazardous waste in tanks, discharge control equipment, and discharge
confinement structures shall be removed and properly managed.
D. Labeling:
1.
Each accumulation container holding hazardous waste shall be labeled with
the following information:
(a) The words “Hazardous Waste”.
(b) The chemical or common name of the waste.
(c) Name, address and EPA Identification Number of the generating facility.
2.
Each tank holding hazardous waste shall be labeled with the following
information:
(a) The words “Hazardous Waste”.
(b) The chemical or common name of the waste.
3.
Each satellite accumulation container shall be labeled in accordance with Rule
5.9 (satellite accumulation).
E. Personnel Training:
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SQGs shall ensure that all employees are thoroughly familiar with proper waste
handling and emergency procedures, relevant to their responsibilities during normal
facility operations and emergencies. They shall also document that each employee
has been made aware of proper waste handling and emergency procedures and
maintain copies of this information on-site. SQGs who manage their hazardous
waste in satellite accumulation containers only are not required to provide training
to its personnel provided that they maintain full compliance with the satellite
accumulation requirements of these rules (5.9). The training program shall be
directed by an individual who has been trained in the area of hazardous waste
management regulations by a qualified environmental consultant, qualified
academic instructor or by a person having completed a specialized program of
study. The training program shall contain and cover at a minimum the following
information:
1.
A definition of regulated hazardous waste and a list of hazardous wastes
typically generated or stored by the facility.
2.
Management procedures that are required to be followed in order to properly
handle and store hazardous waste on-site.
3.
A description of any applicable regulatory exemptions that are utilized by the
company for storing and/or managing hazardous waste generated at the
facility.
4.
A description of container and tank labeling and dating requirements as
appropriate.
5.
A description of accumulation (storage) time limits.
6.
Waste pre-transport requirements, including proper use of Uniform Hazardous
Waste Manifests.
7.
Proper implementation of the facility’s hazardous waste contingency plan, if
applicable, including response to fires or explosions and response to
groundwater contamination incidents.
8.
Spill prevention and response including procedures for using, inspecting,
repairing, and replacing emergency equipment and monitoring equipment,
operation of any continuous feed cut-off systems, communication or alarm
systems, location and use of emergency response equipment and procedures
for the complete shutdown of facility operations.
9.
Proper evacuation procedures and routes.
F. Notification and Cleanup of Spills or Releases:
In the event of a spill or release of hazardous waste or material that presents any risk of
injury to health or the environment, the generator or any other person having
knowledge of the spill or release shall immediately notify the Department (daytime-
401-222-1360 24 hours 401-222-3070) and provide all requested information dealing
with such a spill or release.
The generator must note in the operating record the time, date, and details of any
incident that requires implementing the contingency plan. Within 15 days after the
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incident, he/she must submit a written report on the incident to the Department. The
report must include:
1.
Name, address, and telephone number of the owner or operator;
2.
Name, address, and telephone number of the facility;
3.
Date, time, and type of incident (e.g., fire, explosion);
4.
Name and quantity of material(s) involved;
5.
The extent of injuries, if any;
6.
An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
7.
Estimated quantity and disposition of recovered material that resulted from the
incident.
In accordance with the requirements of 40 CFR 265.56 (b) through (h), the generator
shall immediately take steps to prevent, contain and/or clean up the spill or release of
hazardous waste or material and also remove and properly dispose of any materials
contaminated by the spill or release, such as contaminated soil or surface water.
G. Spill Prevention, Response Equipment and Arrangements with Local
Authorities:
1.
SQGs shall maintain and operate their facilities in a manner that minimizes
the possibility of a fire, explosion, or any unplanned spill or release of
hazardous waste or hazardous waste constituents to the air, soil, or surface
waters of the State.
2.
SQGs shall be equipped with the following, unless hazards posed by waste
handled at the facility would not require a particular piece of equipment
specified below. SQGs shall maintain spill control and emergency equipment
at or near all areas where hazardous waste is generated and stored at the
facility. The spill control equipment shall be designed to be effective when
used on the type of hazardous waste typically generated at the subject facility.
SQGs shall keep an amount of spill control equipment on-site at all times that
is capable of controlling or absorbing a release of waste equal to the volume
of the largest hazardous waste container in a specific area. SQGs shall test all
communications systems, alarm systems, fire control equipment and
decontamination equipment as necessary to maintain the equipment to ensure
its proper operation on at least an annual basis. The communications systems,
spill control equipment and emergency equipment/materials shall consist of
the following:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel.
(b) A device, such as a telephone (immediately available at the scene of
operations), cell phone, or a hand-held two way radio, capable of
summoning emergency assistance from local police departments, fire
departments, or State or local emergency response teams.
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(c) Fire control equipment (including, but not limited to, portable fire
extinguishers special extinguishing equipment, such as that using foam,
inert gas, or dry chemicals).
(d) Spill control equipment (including, but not limited to, sorbents, rags, pigs,
pads, and drain stops).
(e) Decontamination equipment (including, but not limited to, eye washer and
showers).
(f) Water at adequate volume and pressure to supply water hose streams or
foam producing equipment, or automatic sprinklers, or water spray
systems.
3.
Whenever hazardous waste is being poured, mixed, spread, or otherwise
handled, all personnel involved in the operation must have immediate access
to an internal alarm or emergency communication device, either directly or
through visual or voice contact with another employee, unless the Director has
ruled that such a device is not required under Rule 5.14(G)(2) above.
4.
If there is ever just one employee on the premises while the facility is
operating, he must have immediate access to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-way
radio, capable of summoning external emergency assistance, unless the
Director has ruled that such a device is not required under Rule 5.14(G)(2)
above.
5.
Arrangements shall be made or attempted to be made with the appropriate
local authorities in accordance with the requirements of 40 CFR 265.37.
H. Hazardous Waste Contingency Plan:
1.
SQGs shall not be required to develop a hazardous waste contingency plan
provided that they comply with the following requirements:
(a) At all times, one employee is on-site, or on call and able to return to the
facility in a short period of time, to act as an emergency response
coordinator and be responsible for implementing the necessary response
measures for the situation.
(b) The generator shall post the name and telephone number of the emergency
response coordinator, telephone number of the local fire department, DEM
(day 401-222-1360, 24 hour 401-222-3070), National Response Center
(800-424-8802). and the environmental contractor on call to clean up
spills next to any and all telephones in the vicinity of the hazardous waste
storage area.
(c) Conspicuously mark the location of fire extinguishers, spill control
equipment and fire alarm (if present) and post the location of these items
next to any and all phones in the vicinity of the hazardous waste storage
area; and
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(d) Take immediate action to clean up any spills or releases of hazardous
waste and any contaminated materials or soils. This shall include
employing an environmental clean up contractor if the spill or release
exceeds the capabilities of the on-site employees.
2.
The emergency coordinator or his designee shall respond to any emergencies
that arise. The required responses include but are not limited to:
(a) In the event of a fire, call the fire department or attempt to extinguish the
fire using a fire extinguisher.
(b) In the event of a spill or release attempt to contain the waste using
appropriate control equipment. The generator should contact its
emergency response contractor for assistance with large spills/releases.
(c) Evacuate the facility if necessary.
(d) In the event of a fire, explosion or other release that could threaten human
health or when the generator has reason to suspect that a spill may result
in a release to the environment, the generator shall immediately notify the
National Response Center (800-424-8802). The report shall include the
following information:
(i) The name, address and U.S. EPA Identification Number of the
generator.
(ii) Date, time and type of incident (e.g., spill or fire).
(iii) Quantity and type of hazardous waste involved in the incident.
(iv) Extent of injuries, if any.
(v) Estimated quantity and disposal of recovered materials, if any.
I. Waste Shipment:
SQGs shall send hazardous waste only to a designated facility. The generator shall
not send hazardous waste from the property where it is generated, without
preparing a Manifest to accompany the waste, except where 40 CFR 262.20(f)
applies and the transporter complies with 40 CFR 263.30 and 263.31, nor shall
he/she offer hazardous waste to a facility that 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 decal 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:
1. The generator, except for those shipments of exclusively used oil, shall
complete the generator section of the Manifest prior to sending any hazardous
waste from the property where it is generated. The generator shall complete
this section in accordance with the requirements of 40 CFR 262.20 and the
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related appendix to 40 CFR 262 (instructions for the uniform hazardous waste
Manifest) and the requirements of these rules and regulations. The generator
will also note in item 13 of the Manifest if the waste is an R006 waste as
defined by the “Rhode Island Hazardous Wastes” definition in Rule 3. The
generator shall also indicate if the waste is exempt from the generator fee by
listing waste codes R011 through R016 if appropriate.
2. The generator shall complete the generator section of a Manifest prior to the
shipment of the waste and shall certify as follows:
I am a small quantity generator. I have made a good faith effort to minimize
my waste generation and select the best waste management method.
3. 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.
4. The generator shall obtain the signature of the initial transporter and date of
acceptance of the manifest as required by 40 CFR 262.23(a)(2). A generator
shall also 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.
5. A generator sending or receiving waste to or from a foreign country shall
comply with the federal requirements in 40 CFR 262 Subpart E, 40 CFR 262
Subpart F and 40 CFR 262 Subpart H in addition to complying with the
applicable state generator requirements.
6. For shipments of hazardous waste to a designated facility in an authorized State
which has not yet obtained authorization to regulate that particular waste as
hazardous, the generator must assure that the designated facility agrees to sign
and return the manifest to the generator, and that any out-of-state transporter
signs and forwards the manifest to the designated facility.
7. For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated
and signed in accordance with this section to the owner or operator of the
designated facility or the last water (bulk shipment) transporter to handle the
waste in the United States if exported by water. Copies of the manifest are not
required for each transporter.
8. For rail shipments of hazardous waste within the United States which originate
at the site of generation, the generator must send at least three copies of the
manifest dated and signed in accordance with this section to:
(a) The next non-rail transporter, if any; or
(b) The designated facility if transported solely by rail; or
(c) The last rail transporter to handle the waste in the United States if exported
by rail.
9. A generator shipping wastes via water or rail shall comply with the provisions
of 40 CFR 263.20 (e) or (f).
10. In accordance with 40 CFR 262.33, before transporting hazardous waste or
offering hazardous waste for transportation off-site, an SQG must placard or
offer the initial transporter the appropriate placards according to U.S.
74
Department of Transportation regulations for hazardous materials under 49
CFR 172 Subpart F.
11. A generator who does not receive a copy of the manifest with the signature of
the owner or operator of the designated facility within 35 days of the date the
waste was accepted by the initial transporter must contact the transporter
and/or the owner or operator of the designated facility to determine the status
of the hazardous waste.
12. A generator must submit an Exception Report to the Department if he has not
received a copy of the manifest with the signature of the owner or operator of
the designated facility within 45 days of the date the waste was accepted by
the initial transporter. The Exception Report must include:
(a) A legible copy of the manifest for which the generator does not have
confirmation of delivery;
(b) A cover letter signed by the generator or his authorized representative
explaining the efforts taken to locate the hazardous waste and the results
of those efforts.
13. A generator shall designate on the Manifest one designated facility, that is
permitted to handle the waste described on the Manifest. A generator may
also designate on the Manifest one alternate designated facility that is
permitted to handle his waste in the event an emergency prevents delivery of
the waste to the primary designated facility.
14. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are returned to the generator by the designated
facility (following the procedures of 40 CFR 264.72(f) or 265.72(f)), the
generator must:
(a) Sign either:
(i)Item 20 of the new manifest if a new manifest is used for the returned
shipment; or
(ii)Item 18c of the original manifest if the original manifest is used for the
returned shipment;
(b) Provide the transporter a copy of the manifest;
(c) Within 30 days of delivery of the rejected shipment or container residues
contained in non-empty containers, send a copy of the manifest to the
designated facility that returned the shipment to the generator; and
(d) Retain at the generator’s site a copy of each manifest for at least three years
from the date of delivery.
15. A generator who sends a shipment of hazardous waste to a designated facility
with the understanding that the designated facility can accept and manage the
waste and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of 40 CFR 264.72 or 40
CFR 265.72 may accumulate the returned waste on-site in accordance with the
requirements of Rule 5.14 depending on the amount of hazardous waste on-
site in that calendar month. Upon receipt of the returned shipment, the
generator must:
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(a) Sign item18c of the manifest, if the transporter returned the shipment using
the original manifest; or
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using
a new manifest.
16. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are forwarded to an alternate facility by a
designated facility using a new manifest (following the procedures of 40 CFR
264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6)), the generator
must comply with the requirements of above for exception reporting for the
shipment forwarding the material from the designated facility to the alternate
facility instead of for the shipment from the generator to the designated
facility. For purposes of compliance with exception reporting above, for a
shipment forwarding such waste to an alternate facility by a designated
facility:
(a) The copy of the manifest received by the generator must have the signature
of the owner or operator of the alternate facility as required by 262.42(c)(1)
in place of the signature of the owner or operator of the designated facility,
and
(b) The 35/45-day timeframes begin the date the waste was accepted by the
initial transporter forwarding the hazardous waste shipment from the
designated facility to the alternate facility.
17. The Director, as he/she deems necessary, may require generators to furnish
additional reports concerning the quantities and disposition of wastes
identified or listed in 40 CFR part 261.
18. 40 CFR 262.21 and 262.22 [regarding manifest numbers, obtaining and printing
manifest and number of copies of manifests] are incorporated by reference.
19. The Department has not adopted the federal exemption from manifesting
requirements in 40 CFR 262.20(e) that allows certain waste, reclaimed under
certain contractual agreements.
20. In addition to providing the manifest, a generator must provide a one-time Land
Disposal Restriction (LDR) notification to the TSD facility as required by 40
CFR 268.7(a)(2) and 40 CFR 268.7(a)(3) as administered by the EPA.
J. Biennial Reports:
SQGs shall prepare and submit a biennial report (on appropriate forms provided by the
Department) if requested to do so by the Department.
5.15 Conditionally Exempt Small Quantity Generators (CESQGs)- Waste
Management Requirements
The following requirements apply to Conditionally Exempt Small Quantity
Generators as defined in Rule 3. As per Rule 5.6C, if a CESQG generates or stores
more waste than specified in the definition of a CESQG in Rule 3, he/she must notify
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the Department and manage the waste in accordance with the provisions of Rule 5.13
(LQG) or Rule 5.14 (SQG) as appropriate.
A. Hazardous Waste Storage and Conditional Exemption Requirement:
CESQG’s may store Hazardous Waste on-site for a period not to exceed three hundred
and sixty five (365) days, without first obtaining a storage permit as required by
Hazardous Waste Rule 7. Hazardous waste may not be stored in containment buildings
or drip pads. A CESQG who stores hazardous waste for more than 365 days is an
operator of a storage facility and is subject to the Rule 8 operational requirements for
treatment, storage, and disposal facilities requirements, 40 CFR 264, and the permit
requirements of Rule 7.
B. Hazardous Waste Accumulation in Containers:
CESQGs may store hazardous waste in containers provided that the generator:
1.
Marks the side of containers holding hazardous waste with the date upon
which the waste first began to accumulate.
2.
Keeps all containers holding hazardous waste closed except when it is
necessary to add or remove waste.
3.
Opens, handles and stores containers holding hazardous waste in a manner
that does not, or is not likely to, cause a spill or release of hazardous waste.
4.
Immediately transfers hazardous waste from any and all containers that are not
in good condition as a result of physical or chemical forces that have reduced
the container’s structural integrity, or if they begin to leak, to a container(s)
that is in good condition and compatible with the hazardous waste being
transferred.
5.
Uses containers constructed of, or lined with, a material that is chemically
compatible with the hazardous waste placed into the containers, so that the
ability of the container to hold the waste is not impaired.
6.
Does not place incompatible wastes in the same container unless the mixing
is accomplished so that it does not generate extreme heat or pressure, does not
initiate a fire, explosion or violent reaction and does not produce uncontrolled
toxic mists, fumes, dust or gases and does not damage the structural integrity
of the device containing the waste, and that does not threaten human health or
the environment through like means.
7.
Conducts inspections on a weekly basis of all containers holding hazardous
waste for signs of deterioration and or corrosion of the containers and for any
signs of leaks or releases of hazardous waste. Generators shall maintain a
written record documenting the date and time of each inspection, the person
that conducted the inspection and whether any release was identified,
container was replaced or repair needed to containment conditions, of the
result of each inspection for a period of at least three (3) years.
8.
Stores hazardous wastes that when mixed would result in an unintended
reaction or are otherwise not compatible in separate containers designed to
contain the subject hazardous wastes. Containers holding hazardous wastes
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shall be stored in separate locations from incompatible wastes or materials
present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall)
constructed of or lined with a material that is resistant to the hazardous waste
stored in the area.
9.
Does not place hazardous waste in an unwashed container that previously held
an incompatible waste or material, unless the conditions in (B)(6) above are
satisfied.
C. Accumulation in Tanks:
CESQGs shall not store hazardous waste in tanks.
D. Labeling:
1.
Each accumulation container holding hazardous waste shall be labeled with
the following information:
(a) The words “Hazardous Waste”.
(b) The chemical or common name of the waste.
(c) Name, address and EPA Identification Number of the generating facility.
2.
Each satellite accumulation container shall be labeled in accordance with Rule
5.9 (satellite accumulation).
E. Personnel Training:
Hazardous Waste training is not required for CESQGs.
F. Notification and Cleanup of Spills or Releases:
In the event of a spill or release of hazardous waste or material that presents any risk of
injury to health or the environment, the generator or any other person having
knowledge of the spill or release shall immediately notify the Department (daytime-
401-222-1360 24 hours- 401-222-3070) and provide all requested information dealing
with such a spill or release.
The generator must note in the operating record the time, date, and details of any
incident that requires implementing the contingency plan. Within 15 days after the
incident, he/she must submit a written report on the incident to the Department. The
report must include:
1.
Name, address, and telephone number of the owner or operator;
2.
Name, address, and telephone number of the facility;
3.
Date, time, and type of incident (e.g., fire, explosion);
4.
Name and quantity of material(s) involved;
5.
The extent of injuries, if any;
6.
An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
7.
Estimated quantity and disposition of recovered material that resulted from the
incident.
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In accordance with the requirements of 40 CFR 265.56 (b) through (h), the generator
shall immediately take steps to prevent, contain and/or clean up the spill or release of
hazardous waste or material and also remove and properly dispose of any materials
contaminated by the spill or release, such as contaminated soil or surface water.
G. Spill Prevention, Response Equipment and Arrangements with Local
Authorities:
1.
The facility shall be maintained and operated in a manner that minimizes the
possibility of a fire, explosion, or any unplanned spill or release of hazardous
waste or hazardous waste constituents to the air, soil, or surface waters of the
State.
2.
Arrangements shall be made or attempted to be made with the appropriate
local authorities, in accordance with the requirements of 40 CFR 265.37.
H. Hazardous Waste Contingency Plan:
1.
CESQGs shall not be required to develop a hazardous waste contingency plan
provided that they comply with the following requirements:
(a) At all times, one employee is on-site, or on call and able to return to the
facility in a short period of time, to act as an emergency response
coordinator and be responsible for implementing the necessary response
measures for the situation.
(b) The generator shall post the name and telephone number of the emergency
response coordinator, telephone number of the local fire department, DEM
(day 401-222-1360, 24 hour 401-222-3070), National Response Center
(800-424-8802). and the environmental contractor on call to clean up
spills next to any and all telephones in the vicinity of the hazardous waste
storage area.
(c) Conspicuously mark the location of fire extinguishers, spill control
equipment and fire alarm (if present) and post the location of these items
next to any and all phones in the vicinity of the hazardous waste storage
area.; and
(d) Take immediate action to clean up any spills or releases of hazardous
waste and any contaminated materials or soils. This shall include
employing an environmental clean up contractor if the spill or release
exceeds the capabilities of the on-site employees.
2.
The emergency response coordinator or his designee shall respond to any
emergencies that arise. The required responses are as follows:
(a) In the event of a fire, call the fire department or attempt to extinguish the
fire using a fire extinguisher.
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(b) In the event of a spill or release attempt to contain the waste using
appropriate control equipment. The generator should contact its
emergency response contractor for assistance with large spills/releases.
(c) Evacuate the facility if necessary.
(d) In the event of a fire, explosion or other release that could threaten human
health or when the generator has reason to suspect that a spill may result
in a release to the environment, the generator shall immediately notify the
National Response Center (800-424-8802). The report shall include the
following information:
(i) The name, address and U.S. EPA Identification Number of the
generator.
(ii) Date, time and type of incident (e.g., spill or fire).
(iii) Quantity and type of hazardous waste involved in the incident.
(iv) Extent of injuries, if any.
(v) Estimated quantity and disposal of recovered materials, if any.
I. Waste Shipment:
CESQGs shall send hazardous waste only to a designated facility. Waste
architectural paints can also be brought to a Paint Collection Center or a
Community Collection Center.
CESQGs may self-transport hazardous waste provided that wastes are delivered
directly to a Community Collection Center. CESQG’s may also self-transport waste
architectural paints to a Paint Collection Center.
Wastes not delivered directly to a Paint Collection Center or Community Collection
Center must be sent to a designated facility subject to the requirements below:
The generator shall not send hazardous waste from the property where it is
generated, without preparing a Manifest to accompany the waste, except for self-
transport to a Paint Collection Center or Community Collection Center or where 40
CFR 262.20(f) applies and the transporter complies with 40 CFR 263.30 and 263.31.
The generator also shall not offer hazardous waste to a facility that 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 decal 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:
1. The generator, except for those shipments of exclusively used oil, shall
complete the generator section of the Manifest prior to sending any hazardous
waste from the property where it is generated. The generator shall complete
this section in accordance with the requirements of 40 CFR 262.20 and the
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related appendix to 40 CFR 262 (instructions for the uniform hazardous waste
Manifest) and the requirements of these rules and regulations. The generator
will also note in item 13 of the Manifest if the waste is an R006 waste as
defined by the “Rhode Island Hazardous Wastes” definition in Rule 3. The
generator shall also indicate if the waste is exempt from the generator fee by
listing waste codes R011 through R016 if appropriate.
2. 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.
3. The generator shall obtain the signature of the initial transporter and date of
acceptance of the manifest. A generator shall also 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.
4. For shipments of hazardous waste to a designated facility in an authorized State
which has not yet obtained authorization to regulate that particular waste as
hazardous, the generator must assure that the designated facility agrees to sign
and return the manifest to the generator, and that any out-of-state transporter
signs and forwards the manifest to the designated facility.
5. For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated
and signed in accordance with this section to the owner or operator of the
designated facility or the last water (bulk shipment) transporter to handle the
waste in the United States if exported by water. Copies of the manifest are not
required for each transporter.
6. For rail shipments of hazardous waste within the United States which originate
at the site of generation, the generator must send at least three copies of the
manifest dated and signed in accordance with this section to:
(a) The next non-rail transporter, if any; or
(b) The designated facility if transported solely by rail; or
(c) The last rail transporter to handle the waste in the United States if exported
by rail.
7. A generator shipping wastes via water or rail shall comply with the provisions
of 40 CFR 263.20 (e) or (f).
8. In accordance with 40 CFR 262.33, before transporting hazardous waste or
offering hazardous waste for transportation off-site, a CESQG must placard or
offer the initial transporter the appropriate placards according to U.S.
Department of Transportation regulations for hazardous materials under 49
CFR 172 Subpart F.
9. A generator who does not receive a copy of the manifest with the signature of
the owner or operator of the designated facility within 35 days of the date the
waste was accepted by the initial transporter must contact the transporter
and/or the owner or operator of the designated facility to determine the status
of the hazardous waste.
10. A generator must submit an Exception Report to the Department if he has not
received a copy of the manifest with the signature of the owner or operator of
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the designated facility within 45 days of the date the waste was accepted by
the initial transporter. The Exception Report must include:
(a) A legible copy of the manifest for which the generator does not have
confirmation of delivery;
(b) A cover letter signed by the generator or his authorized representative
explaining the efforts taken to locate the hazardous waste and the results
of those efforts.
11. A generator shall designate on the Manifest one designated facility that is
permitted to handle the waste described on the Manifest. A generator may
also designate on the Manifest one alternate designated facility that is
permitted to handle his waste in the event an emergency prevents delivery of
the waste to the primary designated facility.
12. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are returned to the generator by the designated
facility (following the procedures of 40 CFR 264.72(f) or 265.72(f)), the
generator must:
(a) Sign either:
(i) Item 20 of the new manifest if a new manifest is used for the returned
shipment; or
(ii) Item 18c of the original manifest if the original manifest is used for the
returned shipment;
(b) Provide the transporter a copy of the manifest;
(c) Within 30 days of delivery of the rejected shipment or container residues
contained in non-empty containers, send a copy of the manifest to the
designated facility that returned the shipment to the generator; and
(d) Retain at the generator’s site a copy of each manifest for at least three years
from the date of delivery.
13. A generator who sends a shipment of hazardous waste to a designated facility
with the understanding that the designated facility can accept and manage the
waste and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of 40 CFR 264.72 or 40
CFR 265.72 may accumulate the returned waste on-site in accordance with the
requirements of Rule 5.15 depending on the amount of hazardous waste on-
site in that calendar month. Upon receipt of the returned shipment, the
generator must:
(a) Sign item18c of the manifest, if the transporter returned the shipment using
the original manifest; or
(b) Sign Item 20 of the manifest, if the transporter returned the shipment using
a new manifest.
14. For rejected shipments of hazardous waste or container residues contained in
non-empty containers that are forwarded to an alternate facility by a
designated facility using a new manifest (following the procedures of 40 CFR
264.72(e)(1) through (6) or 40 CFR 265.72(e)(1) through (6)), the generator
must comply with the requirements of above for exception reporting for the
shipment forwarding the material from the designated facility to the alternate
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facility instead of for the shipment from the generator to the designated
facility. For purposes of compliance with exception reporting above, for a
shipment forwarding such waste to an alternate facility by a designated
facility:
(a) The copy of the manifest received by the generator must have the signature
of the owner or operator of the alternate facility as required by 262.42(c)(1)
in place of the signature of the owner or operator of the designated facility,
and
(b) The 35/45-day timeframes begin the date the waste was accepted by the
initial transporter forwarding the hazardous waste shipment from the
designated facility to the alternate facility.
15. The Director, as he/she deems necessary, may require generators to furnish
additional reports concerning the quantities and disposition of wastes
identified or listed in 40 CFR part 261.
16. 40 CFR 262.21 and 262.22 [regarding manifest numbers, obtaining and printing
manifest and number of copies of manifests] are incorporated by reference.
17. The Department has not adopted the federal exemption from manifesting
requirements in 40 CFR 262.20(e) that allows certain waste, reclaimed under
certain contractual agreements.
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6
TRANSPORTERS
6.1 Applicability:
These rules shall apply to all transporters of hazardous waste and septage, except for:
A. On-site transportation of hazardous waste, per 40 CFR 263.10(b), and on-
site transportation of used oil or septage.
B. Transportation during an explosives or munitions emergency response per
263.10(e).
6.2 Permit Requirements:
A. No person shall transport any hazardous wastes, used oil or septage, 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, used oil, or Septage Transporter
Permit or temporary permit (as applicable) from the Director. However, this rule
shall not apply to the following activities:
1.
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 or
used oil in emergency situations that 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 or
used oil shall be managed in accordance with the Department's rules and
regulations.
3.
The transportation of animal waste produced at farms.
4.
A transporter that transports 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).
7.
The transportation of any hazardous waste defined as a universal waste, per
Rule 3, and being managed as a universal waste.
8.
The transportation of waste military munitions (as defined in 40 CFR 266.201
and 266.202) that satisfy the conditions of 40 CFR 266.203.
9.
The transportation of 55 gallons or less of PCB contaminated waste that does
not otherwise meet the definition of hazardous waste, generated at a field
service location by a public utility to a generator-owned location that has an
existing US EPA Identification Number for the generation of hazardous waste.
10. Self-transport of hazardous waste generated by a Conditionally Exempt Small
Quantity Generator to a facility authorized to accept such waste.
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11. Transportation of household hazardous waste, from households to a
Household Hazardous Waste Facility, Community Collection Center or
Hazardous Waste Management Facility.
B. For transporter permits, an application fee of $100.00 per transportation unit shall be
paid by the hazardous waste, used oil or septage transporter. An application fee of
$50 per transportation unit shall be paid by a transporter of septage 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, used oil or septage
transporter.
C. The hazardous waste, used oil or septage transporter's permit will be issued for a
period not to exceed one year.
D. The hazardous waste, used oil or septage 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, used oil or septage transportation units that are listed on the permit
application and that pass self inspection. A permit decal, or temporary permit decal,
as appropriate, will be issued for each transportation unit that passes the inspection.
This decal is not transferable to any other transportation units. The transporter shall
maintain his permitted transportation units in compliance with inspection
requirements, per Rule 6.8, at all times. The Department reserves all rights to
conduct inspections by Department personnel to verify and ensure compliance with
regulatory requirements.
F. A permitted hazardous waste transporter may also transport shipments of used oil in
accordance with the requirements of Regulation 15.
6.3 Permit Application Requirements:
A. Applications for a transporter permit or temporary permit shall be submitted to the
Director on forms provided by the Department and accompanied by the appropriate
permitting fee (as specified in Rule 6.2) per transportation unit identified on the
permit application. All transportation units used in the transportation of hazardous
waste, used oil or septage shall be included on the permit application.
B. All transporter applications shall include the following:
1.
Name of applicant.
2.
Mailing address.
3.
EPA I.D. No. (hazardous waste and used oil transporters only).
4.
Business phone number.
5.
Name of the owner.
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, used oil or septage.
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8.
Locations to be used for the temporary storage (up to 72 hours) of hazardous
waste in transportation units.
9.
For hazardous waste transporters only, a criminal background check shall be
submitted by the applicant consistent with R.I.G.L. 23-19.1-10 (e). Each
criminal background check shall be accompanied by a notarized affidavit from
the applicant attesting to the veracity of the criminal background check.
C. The hazardous waste or used oil 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 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, covered by the federal system shall apply directly to
the Regional Office of the Environmental Protection Agency. Hazardous waste
transporters not covered under the federal system shall apply for an EPA I.D. No.
through the Department.
6.4 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 (waste
bearing the code R006 under item 13 of the Manifest), on the following roads:
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TABLE 1: LIST OF PROHIBITED TRAVEL ROADS FOR
EXTREMELY HAZARDOUS WASTE
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
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C. The roads on which the transportation of extremely hazardous waste is prohibited as
listed in Regulation 6.4 (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 6.9, 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 that are received in Rhode Island or that 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.
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 decal(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 shall comply with all
generator rules and regulations.
J. Hazardous waste transporters who deliver hazardous wastes to other hazardous waste
transporters shall comply with the provisions of 40 CFR 263.20 (d).
K. Transporters of hazardous wastes to foreign countries shall 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).
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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. 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 shall be delivered to a
properly licensed POTW for disposal, unless the Department has given written
permission for an alternate method of disposal.
6.5 Manifest Handling:
A. The transporter of hazardous waste shall not accept any hazardous waste, except
septage or used oil, unless the generator section of the Manifest has been completed
by the generator.
B. The hazardous waste transporter shall inspect the waste before accepting the waste
to ensure the following:
1. The number of containers matches the number indicated in the generator section
of the Manifest.
2. All containers are labeled as required by Rule 5.
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, free of leaks and for containers of liquid, that
they are liquid tight.
C. The hazardous waste transporter shall complete the transporter's section of the
Manifest, sign the Manifest, and leave the manifest copy referenced in the Waste
Shipment Requirements (Rule 5.13(K), 5.14(I) or 5.15(I)as appropriate).
D. The hazardous waste transporter shall keep the completed Manifest, minus the copy
given to the generator, 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 Manifest shall be kept by the hazardous waste transporter for a period
of three years from the date of the receipt of that waste. The transporter may
maintain paper copies or digital copies so long as the digital copies comply with
manifest requirements of 40 CFR 263.22.
G. The hazardous waste transporter shall deliver the hazardous waste only to the facility
designated on the Manifest. If this is not possible, he/she shall contact the generator
for further instructions and revise the Manifest in accordance with the generator's
instructions.
H. 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.
I. 40 CFR 263.20(h) does not apply to hazardous waste transporters.
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6.6 Record Keeping:
The hazardous waste or septage transporter shall keep all pertinent records relating to
the transportation of hazardous waste or septage 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.
6.7 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
maintained in such a manner that it shall be fit for the purposes for which it was
intended by the manufacturer.
6.8 Inspections:
A. The transporter shall 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
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C. The transporter shall maintain all transportation units used in transportation of
hazardous waste or septage, and listed on the application, to insure continual
compliance with all of the requirements of these rules and regulations.
6.9 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:
1. 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 that is readily available
in case of emergency.
3. First-aid supplies that 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.
D. The transporter shall prepare procedures for personnel to follow in the case of spills
of hazardous waste or septage 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.
E. The transporter shall collect hazardous waste or septage that is accidentally
discharged from a designated hazardous waste or septage vehicle. The transporter
shall collect soil contaminated by such discharge. Such collection shall be as rapid
and thorough as possible. The hazardous waste transporter shall handle and dispose
of such waste and soil in compliance with these rules and regulations.
F. The transporter shall report immediately to the Rhode Island Department of
Environmental Management all accidental discharges/spills of hazardous wastes or
septage or any other incident or accident that 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
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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.
6.10 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.
6.11 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.
6.12 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.
6.13 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.
6.14 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 small leaks as may occur when hoses are disconnected.
6.15 Temporary Storage of Waste by Transporters:
The following standards apply to transporters that temporarily store wastes in their
vehicles. For standards for temporary transfer and storage facilities, see Rule 9.
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A. A permitted transporter of hazardous waste may store such waste in their vehicle at
their business location, without the business having a Hazardous Waste Temporary
Transfer and Storage Facility Letter of Authorization, for up to and not exceeding
seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal
holidays, provided the following conditions are met:
1. No waste is loaded onto or unloaded from the vehicle, even for the purpose of
consolidation of loads.
2. The site and vehicle are secured to prevent unauthorized access.
B. Temporary storage of hazardous waste or used 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.
C. Transporters that operate Temporary Transfer and Storage Facilities shall comply
with the requirements outlined in Rule 9.
6.16 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, 2001 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 that 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. As per R.I.G.L. 23-19.1-12 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 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).
6.17 Hazardous Waste Generation Fee:
A. The hazardous waste transporter shall collect a fee for hazardous waste that is
generated in Rhode Island.
B. The collected fee shall be in the amount of 2.3 cents per pound or 19 cents per gallon.
The fee shall be paid for all eligible waste accepted for transportation within a
93
quarter and is due no later than thirty (30) days after the end of the quarter. The fee
shall be paid in the form of a check made payable to “Rhode Island General
Treasurer” and shall be included with the quarterly transporter report as described
in Rule 6.18 (Reporting Requirements). The fees shall be collected and deposited
in the Department’s Emergency Response Fund.
C. Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes
(R011-R016) as defined in Rule 3 are exempted from the fee.
6.18 Reporting requirements:
The hazardous waste transporter shall submit quarterly reports for all waste that is
picked up from generators in Rhode Island using a Manifest. The report shall be
prepared in accordance with the Department’s standard for quarterly reports. Each
report shall contain the required data elements for all wastes accepted for
transportation within that quarter and is due no later than thirty (30) days after the
end of the quarter. If no waste is accepted during the quarter, the hazardous waste
transporter shall notify the Department in writing that no eligible waste was
transported in that period of time.
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7
ISSUANCE, RENEWAL AND CONDITIONS OF FACILITY PERMITS
A. Applicability: This rule shall apply to treatment, storage and disposal facilities. This
rule does not apply to:
1. facilities that operate in accordance with the Rule 9 as temporary transfer and
storage facilities.
2. generators doing exempt treatment (evaporation units, totally enclosed treatment,
emergency treatment) as described in Rule 5.2D.
3. generators performing corrective action in accordance with Rule 16.
4. generators treating wastewater in wastewater treatment units described in Rule
7(B)(8).
B. Incorporation of 40 CFR Part 270 Federal Regulations regarding Treatment, Storage
and Disposal Facilities
40 CFR Part 270 is incorporated by reference in its entirety except as provided
below and except as provided in Rule 16 “Corrective Action” and except as
otherwise noted in these Rhode Island Hazardous Waste Regulations:
1. In 270.1(b) introduction, revise the third sentence to read “Treatment, storage, and
disposal facilities (TSDs) are subject to permitting under RCRA.”
2. In the first sentence of 270.1(c), delete “in 40 CFR part 261”and substitute “in these
Rhode Island Hazardous Waste Regulations”. In the second sentence of 270.1(c),
delete “in § 270.2” and substitute “in these Rhode Island Hazardous Waste
Regulations.” Also, add after the second sentence “No person shall construct,
substantially alter, or operate any hazardous waste management facility, nor shall
any person store, treat or dispose of any hazardous waste, except as exempted by
these Rhode Island Hazardous Waste Regulations, without first obtaining a permit
from the Director for the facility or activity.”
3. In 270.1(c) replace the sentence “Owners and operators of hazardous waste
management units shall have permits during the active life (including the closure
period) of the unit.” with “ Owners and operators of hazardous waste
management units and all persons who shall construct, substantially alter, or
operate hazardous waste treatment, storage or disposal facilities or who shall
treat, store or dispose of hazardous waste (except as exempted by these
regulations) shall first obtain operating permits from the Director for such
activities and shall have permits during the active life (including the closure
period) of the units or facilities.”
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4. Delete 270.1(c)(1)(iii), 270.1(c)(2)(ii), and 270.1(c)(2)(ix). These exemptions do
not apply in Rhode Island. In 270.1(c)(2)(iii), delete “40 CFR 261.4 and
substitute “those parts of 40 CFR 261.4 adopted by Rhode Island.” In
270.1(c)(2)(vi), replace “ten days” with “seventy-two hours.” Also, add to the end
of the provision: “Temporary Transfer and Storage Facilities shall meet the
requirements specified in Rule 9 of these Rhode Island Hazardous Waste
Regulations”
5. In 270.1(c)(2) add a sub-paragraph “(x) Owners and operators of facilities that
accept, treat, and/or store only precious metal bearing waste and do not
speculatively accumulate such waste [as defined in 40 CFR 261.1(c)]. These
facilities are subject to the requirements of 40 CFR 266 Subpart F.”
6. Delete existing language in 270.1(c)(2)(i) and replace with “Generators who
accumulate hazardous waste on-site in accordance with Hazardous Waste
Storage Requirements of Rule 5..
7. In 270.1(c)(2)(v) delete existing language and replace with the following: “The
owners or operators of elementary neutralization units as defined in 40 C.F.R. §
260.10. Also, the owners and operators of wastewater treatment units provided
that all of the following conditions are met for each unit:
(a) the unit receives and treats or stores an influent wastewater that is a
hazardous waste as defined in these Rhode Island Hazardous Waste
Regulations or generates and accumulates a wastewater treatment sludge
that is a hazardous waste as defined these Rhode Island Hazardous Waste
Regulations or treats or stores a wastewater treatment sludge that is a
hazardous waste as defined in these Rhode Island Hazardous Waste
Regulations
(b) the unit is being used to legitimately treat only wastewater, as defined at 47
Fed. Reg. 4706 (Feb. 2, 1982) (note: Concentrated hazardous wastes are
not covered by this exemption. The disposal of concentrated hazardous
waste down the drain is prohibited.)
(c) the unit is a tank or tank system as defined in 40 C.F.R. § 260.10 (e.g.,
wastewaters when stored or transported in containers are not covered by
the exemption),
(d) the unit has a current ongoing discharge to surface waters or the sewers
that is on-site and 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 (e.g., zero discharge units such as evaporators
are not covered by this exemption).
(e) the unit has been specifically described in a water permit application (e.g.,
in a schematic diagram) and specifically referenced in a water permit as
being part of the facilities subject to regulation under the Federal Clean
Water Act and Section 46-12-5 of the General Laws of Rhode Island (e.g.,
tanks used to store hazardous wastewaters or sludges not covered by a
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water permit application and permit are not covered by this exemption).
Provided that any sludge or other waste materials generated from an
elementary neutralization unit or a wastewater treatment unit shall be
managed as a hazardous waste if such sludge or waste material meets the
criteria of a hazardous waste. The full Hazardous Waste Regulations apply
to such sludge or other waste material when it leaves the exempted
elementary neutralization unit or exempted wastewater treatment unit, e.g.,
when a sludge is stored in containers on-site. For zero discharge units, the
hazardous waste requirements apply both to any hazardous wastewaters
and to any hazardous sludges, when either is generated.”
8. In 270.1(c)(2)(viii)(C) delete the word “and”.
9. Add 270.1(c)(2)(viii)(E): “Used electronics as described in Rule 13.2.”
10. Add 270.1(c)(2)(viii)(F): “Silver-containing photo fixing solutions as described
in Rule 13.3.”
11. Add as 270.1(c)(2)(xi): “The re-use, recycling, or reclamation of hazardous
waste when exempted from permitting by 40 CFR 261.6 as incorporated by
reference with limitations in the “Hazardous Waste” definition in Rule 3 of these
the Rhode Island Hazardous Waste Regulations”
12. Add as 270.1(d): “Additional Permit restrictions for landfills and/or
incinerators. In addition to the other requirements incorporated by the Rhode
Island Hazardous Waste Regulations:
(a) Operating permits will be granted only for those incinerator or landfill
facilities that the applicant can show, by a preponderance of evidence, will
be located, designed, constructed and operated so as to prevent all of the
following:
(i) Endangerment of an underground drinking water source beyond the
facility boundary.
(ii) Endangerment of an aquifer that has been designated by any federal
or Rhode Island state agency as a sole source aquifer.
(iii) Contamination of soil, groundwater, or surface water 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.
(b) 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.
(c) 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
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town where 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 and/or treatment 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.”
13. In 270.2 delete the definition of “Existing hazardous waste management (HWM)
facility or existing facility” and replace with: “Existing hazardous waste
management (HWM) facility or existing facility means a hazardous waste
management facility that is in operation on or before November 19, 1980.”
14. In 270.2 delete the definition of “New hazardous waste management (HWM)
facility or new facility” and replace with: “New hazardous waste management
(HWM) facility or new facility means a hazardous waste management facility
that began operation after November 19, 1980.”
15. In 270.2 “Permit” definition, delete the words “and standardized permit (subpart
J of this Part)”.
16. In 270.2 delete the “Standardized permit” definition.
17. Delete 270.10(a)(5) and (a)(6).
18. Add as 270.10(c)(1): “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. Additional charges, if any, shall be
determined by R.I.G.L. 23-19.1-14, as in effect at the time.”
19. Delete 270.10(e)(1)(iii).
20. In 270.10(f)(1) and 270.10(f)(2), delete the wording “Except as provided in
paragraph (f)(3) of this section,” and delete 270.10(f)(3).
21. Delete 270.10(h)(2).
22. Delete the contents of 270.10(l). Rhode Island has not adopted the exemption
addressed by that federal provision. Instead, add as 270.10(l) the following
Rhode Island provision regarding inspections: “Inspections
(a) The Department shall make or cause to be made such inspections, take such
tests and samples and make such investigations as it deems necessary at an
applicant’s facility.
(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 or proposed hazardous waste
management facility for which an application has been received. Any
application shall constitute permission for and 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
to view the facility, examine records, obtain such required information as
may be needed for inspection, testing and investigation, including the
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monitoring of any substances, and requiring the submission of reports.
Refusal to allow reasonable inspections, tests or investigations or to submit
reports shall constitute valid grounds for denial of a permit.”
23. In 270.13(j) replace the words “listed or designated under 40 CFR part 261”
with the words “, as defined in Rule 3 of the Rhode Island Hazardous Waste
Regulations, ” and replace the words “such wastes” with the words “each of such
wastes” for all instances.
24. In 270.13(l) add, after the last sentence, “The facility, at minimum, shall be
outlined on a copy of the latest USGS Topographical Map.”
25. In 270.13 add a subparagraph “(o) For privately owned facilities, a list of the
direct and indirect owners of the facility whether individual, partnership or
corporation. For corporate owned facilities, include all officers, directors, and
other persons owning ten percent (10%) or more of the corporate stock. ”
26. In 270.13 add a sub-paragraph “(p) A list of all owners of property, including
addresses, within 500 feet of the perimeter of the facility.”
27. In 270.13 add a sub-paragraph, “(q) All plans, drawings, and maps shall be
stamped by a professional engineer or land surveyor, as appropriate, registered
with the State of Rhode Island. All plans, drawings, and maps shall be scaled to
fit a standard 24 x 36 inch sheet wherever possible and shall be submitted in
duplicate.”
28. In 270.13 add a sub-paragraph, “(r) The EPA Identification Number (I.D. No.)
for both facilities covered by the federal I.D. number system and facilities not
covered under the federal I.D. number system, shall be obtained from the
Department.”
29. In 270.14(b)(4) delete “, or a justification demonstrating the reasons for
requesting a waiver of this requirement”.
30. In 270.14(b)(5) delete “264.1033, 264.1052, 264.1053, 264.1058, 264.1084,
264.1085, 265.1086, and 264.1088”.
31. Replace 270.14(b)(6) with “(6) A description of the preparedness and
prevention plan, as required by 40 CFR 264 Subpart C.”
32. In 270.14(b)(7) delete “, and 264.200”. Rhode Island is not authorized to
administer the referenced regulations under 40 CFR part 264, subparts AA, BB
and CC (RCRA air emissions regulations). Rather, the EPA directly administers
the subparts AA, BB and CC regulations in Rhode Island.”
33. Delete 270.14(b)(11)(i and ii), 270.230(d)(4), and 270.14(b)(18) (not applicable
in Rhode Island).
34. In the 270.14(b)(19) introduction, replace the words “61.0 meters (200) feet”
with the words “30.5 meters (100) feet” and prior to the phrase “The map shall
clearly show the following:”, add the sentence “The contour interval shall also
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be sufficient to show patterns of surface drainage within 1000 feet of the
perimeter of the facility.”
35. In each of 270.14(b)(19)(ii), (iv), and (xi) add the sentence, “ Include all within
1000 feet of the perimeter of the facility.” Revise 270.14(b)(19)(iii) to read “
Surface waters including intermittent streams, water courses, and watersheds of
public surface water supplies; all within 1000 feet of the perimeter of the
facility.”
36. In 270.14(b)(19)(vii) add the phrase, “Also, all property lines within 500 feet
of the perimeter of the facility.”
37. Revise 270.14(b)(19)(ix) to read, “On-site wells and off-site public and private
drinking water supply wells, within 1000 feet of the perimeter of the facility.”
38. In 270.14(b)(19) add a sub-paragraph, “(xiii) All water lines within 500 feet of
the perimeter of the facility.”
39. In 270.14(b) add a sub-paragraph, “(23) For facilities that are not regulated units
as defined in 264.90(a)(2), a groundwater monitoring plan capable of
determining the facility's impact on the groundwater in the uppermost aquifer
underlying the facility. This plan shall supply information equivalent to that
required by 40 CFR 264.90-100 for regulated units. The Director may waive this
requirement 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.”
40. In 270.14(b) add a sub-paragraph, “(24) A description of the manifest handling
procedures of the facility.”
41. In 270.14 add a sub-paragraph, “ (e) All plans, drawings, and maps shall be
stamped by a professional engineer or land surveyor, as appropriate, registered
with the State of Rhode Island. All plans, drawings, and maps shall be scaled to
fit a standard 24 x 36 inch sheet wherever possible and shall be submitted in
duplicate.”
42. Delete 270.15(e), 270.16(k), 270.17(j), 270.24, 270.25, and 270.27. Rhode
Island is not authorized to administer the referenced regulations under 40 CFR
part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather,
the EPA directly administers the subparts AA, BB and CC regulations in Rhode
Island.”
43. In 270.15 add a new sub-paragraph, “(e) Where ignitable or reactive wastes are
stored, a description of procedures used to ensure compliance with 40 CFR
264.176.”
44. Delete 270.22. Rhode Island has not adopted the requirements for boilers and
industrial furnaces to which this provision relates. Rather, the EPA directly
administers these requirements in Rhode Island.
45. Add the following as the new first paragraph of 270.30 (to precede the existing
40 CFR 270.30 introductory paragraph): “ The permit shall apply only to the
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facility in operation at the time the permit is issued. Separate permits shall be
required for facilities that are located in separate geographic areas even though
they are under the same management. Separate permits may be issued for distinct
parts of a facility that can be identified as separate units.”
46. Add at the end of 270.30(a) “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 order the permittee to take whatever corrective action is needed to secure
compliance with the rules and regulations established by the Department.”
47. In 270.30(g) add the sentence “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 visible.”
48. In 270.30(h) replace “records” with “records and reports”
49. In 270.30(i)(1), after the word “times”, add “, without prior notice,”
50. Add as 270.30(i)(5): “Perform tests and inspections as the Department deems
necessary to determine compliance with permit.”
51. At the start of 270.30(l)(3), after the word “Transfers,.” add the sentence: “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.” Also, in
270.30(l)(3) in the second sentence after the word “Director” replace the word
“may” with “shall”.
52. Add 270.30(n) “Inspection reports and correction of deficiencies
(a) Hazardous waste facilities may 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
steps to correct any adverse impact on the environment resulting from non-
compliance and shall not have a defense in any legal action that it would
have been necessary to halt or reduce operations in order to achieve
compliance.”
53. In 270.31 title replace “Requirements for recording and reporting of monitoring
results” with “Permit Specifications”
54. Add as 270.31(d): “All reporting requirements of operational activities.”
55. Add as 270.31(e): “The name and location of the facility.”
56. Add as 270.31(f): “A complete description of the operations at the facility
requiring a permit with particular attention paid to any operational limitations
and design capacity.”
57. Add as 270.31(g): “A complete description of the hazardous wastes stored
and/or treated and/or disposed of at the facility.”
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58. Add as 270.33(a)(1)(i): “New facilities shall be in compliance with the Rhode
Island Hazardous Waste Regulations prior to receiving an operating permit.
Existing facilities may receive a permit prior to compliance with the Rhode
Island Hazardous Waste Regulations only in those instances where a compliance
schedule is an integral part of the permit.”
59. In 270.40(b) delete from the first sentence “or as a routine change with prior
approval under 40 CFR 124.213.” Also, add after the third sentence (after the
word “Director.”): “The new entity, prior to commencing as owner or operator
of the facility, shall also submit to the Director information indicating its
technical ability to safely operate the facility, its financial ability to maintain such
facility, and any additional information the Director may request. After a review
of this information, the Director shall either approve or disapprove the transfer
of the permit.” Also, add just prior to the fourth sentence (before the word
“When”): “If the Director approves of the transfer of the permit, the original
permittee shall remain fully liable under the terms of the permit and under the
requirements of the Rhode Island Hazardous Waste Regulations until the
Director has transferred the operating permit to the new owner or operator.”
60. Change title of 270.41 to “Modification or revocation and reissuance or
suspension of permits.”
61. In 270.41(a)(2) add as a new ending sentence “This shall include any
information indicating the cumulative effects on the environment are
unacceptable.”
62. Delete 270.41(b)(3).
63. Add 270.41(d): “Causes for suspension. The following is cause to suspend a
permit: Cause exists for termination under §270.43 and the Director determines
that suspension is appropriate.
64. Revise 270.43(a)(2) to read “ The permittee’s failure in the application or
during the permit issuance process to disclose fully all relevant facts, or the
permittee’s misrepresentation of any relevant facts at any time, or that there had
been a conviction or plea, relative to a crime committed, as set forth in RIGL 23-
19.1-10(p) and (d-f); or”.
65. Add as 270.43(a)(4): “Refusal to allow reasonable inspections, tests or
investigations or to submit reports shall constitute valid grounds for denial or
revocation of a permit”.
66. Add as 270.43(a)(5): “the permittee’s offering, conferring or agreeing to confer
any benefit to induce any other person to violate the provisions of the “Rhode
Island Hazardous Waste Management Act”, or the provisions of these Rhode
Island Hazardous Waste Regulations, or the provisions of any other law, rule or
regulation relating to the collection, transportation, treatment, storage, or
disposal of solid waste or hazardous waste, per RIGL 23-19.1-10(p)(3)(ii).”
67. Add as 270.43(a)(6): “The permittee’s coercion of a customer by violence or
economic reprisal or threat to deny a customer the use of the permittee’s services,
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per RIGL 23-19.1-10(p)(3)(iii).”
68. Add as 270.43(a)(7): “The permittee’s preventing, without the Director’s
authorization, any transporter or other permittee from delivering solid waste or
hazardous waste to its facility or to another licensed Treatment, storage, or
disposal facility, per RIGL 23-19.1-10(p)(3)(iv).”
69. Add as 270.43(c): “Change in location of the facility. A permit shall
immediately become void and shall be returned to the Director upon change in
facility location.”
70. Add as 270.43(d): “A permit shall immediately become void and shall be
returned to the Director upon the sale of the facility or change in ownership of
the legal entity operating the facility, unless the change has been approved by the
Director under 40 CFR 270.40.”
71. Add as 270.43(e): “Per RIGL 23-19.1-10(k), the permittee may appeal the
Director’s decision to revoke his permit, subject to the “Administrative Rules of
Practice and Procedure for the Administrative Adjudication for Environmental
Matters”. Such appeal shall be in writing and shall be filed with the clerk of the
AAD within fifteen (15) calendar days of the permittee’s receipt of the notice of
revocation of the permit. The appeal shall be heard before an AAD hearing
officer.
72. Replace 270.50(a)–(d) with “Permits for hazardous waste facilities shall be
issued for a period not to exceed five (5) years from the date of expiration of the
expiring permit 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 shall be received prior to 180 days from the
expiration date of the present permit.”
73. In 270.51 “Continuation of expiring permits”, replace the text of 270.51 with
the following: “Relative to expiring permits, a “timely” application is one that is
submitted more than 180 days prior to the permit expiration date. If a permittee
has submitted a timely and complete renewal application (for the renewal of a
five year expiring permit) or a timely and complete new application (required
every ten years of operation), then the terms and conditions of the expiring
RCRA permit continue in force beyond the expiration date of the existing permit,
if required during the permitting process, but only until the effective date of the
State’s issuance or denial of the RCRA permit currently applied for. Otherwise,
the terms and conditions of the expiring RCRA permit do not continue in force
beyond its expiration date and the permit to operate shall be considered to be
expired.”
74. Add as 270.52 “Renewal of permits. This section applies to the renewal of
permits at the end of their initial five-year terms, for an additional five years.
Permits reissued to existing facilities at the end of prior permits’ full ten year
terms are considered new permits and comply with the requirements for new
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permits set forth elsewhere in these regulations.
(a) The Office of Waste Management shall hold a public comment period and
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 a public comment period and
hearing. Any changes in permit conditions shall be described in the notice.
Such notice shall be published in a newspaper of general circulation in the
area affected, and shall also be sent by mail directed to the last known
address of the following persons (any person otherwise entitled to receive
such notice may waive his or her right to receive the notice): the applicant,
all persons requesting such notification in writing, all property owners
within five hundred feet (500') of the perimeter of the site of the facility,
and the city or town where the hazardous waste management facility is
located, including the mayor or town manager and the city or town council
president, EPA, federal and state agencies with jurisdiction over fish,
shellfish, and wildlife resources and over coastal zone management plans,
the Advisory Council on Historic Preservation and State historical
preservation officers. The list of property owners within five hundred feet
of the site shall be provided by the applicant to the Office of Waste
Management. The notice shall include the beginning and ending dates for
the comment period, the address where comments will be received, and
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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 to receive public comment. Comments from the
applicant and/or any interested persons shall be recorded at the public
hearing. Written comments, that also shall be considered part of the
record, may be submitted at least thirty days prior to the public comment
hearing and until thirty (30) days following the close of the public
comment hearing, that 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 be accompanied by 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 that the applicant did not
satisfy. Renewal permits shall be issued only upon a showing that the
applicant meets conditions regarding proof of financial assurance,
evidence of adequate liability insurance, and the 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 where the facility or proposed facility is located or proposed
to be located. Notice of the permit decision shall also be sent to each
person who submitted written comments or requested notice of the final
permit decision, and a copy of the renewal permit or denial shall be sent to
such persons, upon request.
(e) If the decision of the Office of Waste Management is to deny the renewal
permit, the permittee, as per RIGL 23-19.1-10(k), may appeal this decision
to the Department’s Administrative Adjudication Division (AAD), subject
to “Administrative Rules of Practice and Procedure for the Administrative
Adjudication Division for Environmental Matters”. Such appeal shall be
in writing and shall be filed with the clerk of AAD within fifteen (15)
calendar days of the permittee’s receipt of the notice of denial of the
renewal permit. The appeal shall be heard before an AAD hearing officer.
75. Delete 270.60(a) wording and replace it with “Ocean disposal of hazardous
waste is prohibited in Rhode Island and therefore is not eligible for a permit.”
76. In 270.60(b)(1) change “Has a Permit for underground injection” to “Has been
issued a permit by the Department’s Underground Injection Control Program
for a remediation overseen by the Department”
77. Delete 270.63, 270.64, 270.65, 270.66, 270.67, 270 Subpart I, and 270 Subpart
J. The reduced requirements referenced by these regulations have not been
adopted by Rhode Island.
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78. Add to 270.72(a)(1) after the word “disposal” the phrase “and if the Director
approves such application”
79. In 270.72(a)(4) add after the first sentence (after the word “change.”) “The new
entity, prior to commencing as owner of operator of the facility, shall also submit
to the Director information indicating its technical ability to safely operate the
facility, its financial ability to maintain such facility, and any additional
information the Director may request. After a review of this information, the
Director shall either approve or disapprove the transfer of the permit.”
80. Delete 270.42(l).
C. Incorporation of 40 CFR Part 124 Federal Regulations regarding Treatment,
Storage and Disposal Facilities
40 CFR part 124 is incorporated by reference in its entirety except as provided
below: These regulations apply to the issuance of new permits, including permits
issued to existing facilities at the end of prior permits’ full ten year terms.
Procedures for the renewal of permits at the end of their initial five year terms, for
an additional five years, are specified in 40 CFR 270.52 of these regulations.
2. Delete 124.1, 124.2, 124.4, 124.7, 124.9, 124.13, 124.14, 124.16, 124.18, 124.20,
124.21, and 124 Subparts C – D. These provisions do not apply to RCRA and/or
to State programs. Also delete 124 Subpart G. Rhode Island has not adopted the
reduced standardized permit requirements of Subpart G.
3. Delete 124.3 and replace with the following:
Ҥ 124.3 Application for a permit
(a) Application Requirements
(i) Any person who requires a permit under the RCRA program shall
complete, sign, and submit to the Director an application for each
permit required under § 270.1. Applications are not required for POTW
RCRA permits by rule (§ 270.60).
(ii) The Director shall not begin the processing of a permit until the
applicant has fully complied with the application requirements. See §§
270.10, 270.13, and 270.14.
(iii) Permit applications shall comply with the signature and certification
requirements of § 270.11.
(iv) Upon receipt of a permit application for a new facility, the Director
shall notify the chief executive officer and the city or town council
president of the municipality where the facility is proposed to be located
of the receipt of such application.”
(v) The Director shall review the application for completeness. Upon
completing the review, the Director shall notify the applicant in writing
as to whether or not the application is complete. For any application
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deemed deficient, the Director shall provide a statement of the
deficiencies, listing the information needed to make the application
complete. After the application is completed, the Director may request
additional information needed to clarify, modify, or supplement
previously submitted information.
(vi) If the applicant fails or refuses to correct deficiencies in the
application, the permit may be denied and appropriate enforcement
actions may be taken.
4. Delete 124.5 and replace with the following:
Ҥ124.5 Modification, revocation and reissuance, suspension, or
termination of permits.
(a) Permits may by modified, revoked and reissued, suspended, or terminated
either at the request of any interested person (including the permittee) or
upon the Director’s initiative. However, permits may only be modified,
revoked and reissued, suspended, or terminated for the reasons specified in
§270.41 (except for 270.41(b)(3)) and 270.43 (as adopted and revised by
these Regulations). All requests shall be in writing and shall contain facts
or reasons supporting the request.
(b) If the Director decides the request is not justified, he or she shall send the
requester a brief written response giving a reason for the decision. Denials
of requests for modification, revocation and re-issuance, suspension, or
termination are not subject to public notice, public comment, or public
hearings. Such denials may be appealed by requesting a hearing with the
Department’s Administrative Adjudication Division (AAD).
(c) Modification, Revocation and Re-issuance
(i) If the Director tentatively decides to modify or revoke and reissue a
permit under 40 CFR 270.41 (other than under 270.41(b)(3)) or under
270.42(c), he or she shall prepare a draft permit under §124.6
incorporating the proposed changes. The Director may request
additional information and, in the case of a modified permit, may
require the submission of an updated application. In the case of revoked
and reissued permits, the Director shall require the submission of a new
application.
(ii) In a permit modification under this Rule, only those conditions to be
modified shall be reopened when a new draft permit is prepared. All
other aspects of the existing permit shall remain in effect for the
duration of the unmodified permit. When a permit is revoked and
reissued under this Rule, the entire permit is reopened just as if the
permit had expired and was being reissued. During any revocation and
reissuance preceding the permittee shall comply with all conditions of
the existing permit until a new final permit is reissued.
(iii) Class 1 and 2 modifications as defined in §270.42 (a) and (b) are not
subject to the requirements of this Rule.
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(d) If the Director tentatively decides to terminate or suspend a permit under
§270.43 or 270.41(d), he or she shall issue a written notice of intent to
terminate or suspend. A notice of intent to terminate or suspend is
considered a type of draft permit that follows the same procedures as any
other draft permit prepared under $ 124.6. ”
5.
Delete 124.6 and replace with the following:
Ҥ 124.6 Draft permits and application denials
(a) Once an application is complete, the Director shall tentatively decide
whether to prepare and issue a draft permit or to deny the application. A
draft permit shall not be issued nor shall public notice of a draft permit be
issued if the application is incomplete. A permit application may also be
denied for causes provided in RIGL 23-19.1-10(c) – (j) and (m), unless
conditions in 23-19.1-10 (l) are satisfied.
(b) If the Director tentatively decides to deny the permit application, he or she
shall issue to the applicant a notice of intent to deny the application. A notice
of intent to deny the application is considered a type of draft permit that
follows the same procedures as any other draft permit prepared under §
124.6. If the Director’s final decision (§124.15) is that the tentative decision
to deny the permit application is correct, that such final decision may be
appealed by requesting a hearing with the Department’s Administrative
Adjudication Division (“AAD”) under §124.19. If the Director’s final
decision (§124.15) is that the tentative decision to deny the permit
application was incorrect, he or she shall withdraw the notice of intent to
deny and proceed to prepare a draft permit under paragraph (c) of this rule.
(c) If the Director decides to prepare and issue a draft permit, he or she shall
prepare and issue to the applicant a draft permit that contains the following
information:
(i) All conditions under §§ 270.30 and 270.32.
(ii) All compliance schedules under § 270.33.
(iii) All monitoring requirements under § 270.31; and
(iv) Standards for treatment, storage, and/or disposal facilities and other
preconditions under § 270.30.
(d) All draft permits shall be accompanied by a fact sheet required under § 124.8
and shall be publicly noticed (§ 124.10) and made available for public
comment (§ 124.11). The Director shall give notice of a public
informational workshop (§ 124.8) and public comment hearing (§ 124.12),
issue a final decision (§ 124.15) and respond to public comments (§ 124.17).
An appeal may be taken under § 124.19.”
6.
Delete 124.8 and replace with:
“ § 124.8 Informational workshop and fact sheet.
(a) Within fifteen (15) days after the date of the public notice of issuing the
draft permit, the Office of Waste Management shall hold an informational
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workshop. The purpose of the informational workshop shall be to discuss
the type of facility or activity that is the subject of the draft permit or the
intent to deny the application; the type and quantity of wastes that 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, that 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 final decision; and
the name and telephone number of a person to contact for further
information.
(b) A fact sheet containing the information in § 124.8(a) shall be provided to
the applicant and to any other requesting person.”
7.
Delete 124.10 and replace with:
“ §124.10 Public notice of permit actions, informational workshop, public
hearing, and public comment period.
(a) Scope
The Director shall give public notice that the following actions have
occurred:
(i) A permit application has been tentatively denied under §124.6(b);
(ii) A draft permit has been prepared and issued under §124.6(c);
(iii) An informational workshop and public comment hearing under §§
124.8 and 124.12 respectively have been scheduled.
(b) Timing
(i) Public notice of the preparation and issuance of a draft permit or its
tentative denial shall allow at least sixty (60) days for public comment;
at least thirty (30) days prior to the public comment hearing and thirty
(30) days following the close of the public comment hearing, that shall
constitute the public comment period.
(ii) Public notice of the informational workshop, public comment period,
and public hearing shall be given following the issuance of the draft
permit or notice of intent to deny the application. The date of the public
notice shall be no more than fifteen (15) days prior to the holding of the
informational workshop and shall be sixty (60) to seventy five (75) days
prior to the holding of the public comment hearing.
(c) Methods
Public notice of activities described in paragraph (a)(1) of this rule shall
be given by the following methods:
(i) By mailing a copy of the written notice to the last known address of the
following persons (any person otherwise entitled to receive a notice
under this paragraph may waive his or her rights to receive this notice);
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The applicant;
EPA
Federal and State agencies with jurisdiction over fish, shellfish, and
wildlife resources and over coastal zone management plans, the
Advisory Council on Historic Preservation and State Historical
Preservation Officers.
Persons on a mailing list developed by:
a.
Including those who request to be on the list;
b. Soliciting persons for “area lists” from participants in past
permit proceedings in that area; and
c.
Notifying the public of the opportunity to be put on the mailing
list through periodic publication in a newspaper of general
circulation and via other means that the Department decides to
employ.
All property owners within five hundred (500) feet of the perimeter
of the facility’s site. This list of owners shall be provided by the
applicant to the Office of Waste Management;
The city or town where the facility is located, including the mayor or
town manager and the town or city council president.
(ii) By publication of a legal notice in a daily or weekly newspaper of general
circulation in the area affected and by broadcast over local radio stations.
(d) Contents
All public notices shall contain the following minimum information:
(i) Name and address of the Office processing the permit action for which
public notice is being given;
(ii) Name and address of the permittee or permit applicant and, if different,
of the facility or activity regulated by the permit;
(iii) A brief description of the operations conducted at the facility or activity
described in the permit application or draft permit;
(iv) Name, address and telephone number of a Department person from
whom interested persons may obtain further information, relative to the
draft permit or notice of intent to deny the application, the fact sheet, and
the permit application;
(v) A brief description of the comment procedures required by §§ 124.11 and
124.12, the date, time and place of the informational workshop and
public comment hearing, and other procedures by which the public may
participate in the final permit decision;
(vi) Reference to the date(s) of any previous public notice(s) relating to the
permit;
(vii) A brief description of the nature and purpose of the informational
workshop and public comment hearing, including the applicable rules
and procedures.
(e) In addition to the public notice described in paragraph (d), the Department
shall make available to the public the fact sheet required by § 124.8, the
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permit application, and the draft permit or notice of intent to deny the
application and shall notify the persons listed in paragraph (c)(1) that this
information is available to them. ”
8.
Delete 124.11 and replace with the following:
Ҥ 124.11 Public comments.
During the public comment period provided under § 124.10, any interested
person may submit written comments on the draft permit. All written
comments shall be considered and made part of the record of public comment,
along with a transcript of oral comments made at the public hearing. All
comments shall be considered in making the final decision and shall be
answered as provided in § 124.17.”
9.
Delete 124.12 and replace with the following:
Ҥ 124.12 Public hearings.
(a) The Director shall hold a public comment hearing for each draft permit
prepared. Public notice of the hearing shall be given as specified in §
124.10.
(b) Any person may submit oral or written statements and data concerning the
draft permit.
(c) Comments from the applicant and/or any other interested person shall be
recorded at the hearing. A tape recording or written transcript of the hearing
shall be made available to the public.”
10. Delete 124.15 and replace with;
Ҥ124.15 Issuance or denial of permit or acceptance or denial of
application
Within ninety (90) days after the close of the public comment period, the
Director 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 be accompanied by a
response to each substantive public comment. In the case of a denial, the
Director will cite each statutory or regulatory requirement that the applicant
did not satisfy. Permits shall be issued only with conditions including proof
of financial responsibility (to include, per 40 CFR 264 Subpart H, financial
assurance for closure (and post-closure, if applicable) and liability coverage)
and 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
where the facility or proposed facility is located or proposed to be located.
Notice of the permit or application decision shall also be sent to each person
who submitted written comments or requested notice of the final permit
decision, and a copy of the permit shall be sent to such persons upon request.”
11. Delete 124.17 and replace with the following:
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Ҥ 124.17 Response to public comments.
(a) At the time that any final permit decision is issued under § 124.15, the
Director shall issue a response to public comments. The response shall:
(i) Specify which provisions, if any, of the draft permit have been changed
in the final permit decision, and the reasons for the change(s); and
(ii) Briefly describe and respond to all significant public comments raised
during the public comment period or during the hearing.
(b) The response to public comments shall be made available to the public.”
12. Delete 124.19 and replace with;
Ҥ124.19 Appeal of permit and application decisions
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
(“AAD”),
subject
to
“Administrative Rules of Practice and Procedure for the Administrative
Adjudication Division for Environmental Matters” and subject to
conditions in RIGL 23-19.1-10(b)(6) and (b)(7). All appeals shall be in
writing and shall be filed with the clerk of the AAD within thirty (30)
calendar days of receipt of notice of the contested permitting action, except
that any permittee who receives a notice of intent to revoke a permit or
deny a renewal permit shall have fifteen (15) days from the receipt of this
notice to submit a written appeal to the clerk of the AAD, per RIGL 23-
19.1-10(k). All appeals shall be heard before AAD hearing officers.”
13. Delete 124.31 and replace with the following:
Ҥ 124.31 Pre-application public meeting and notice.
(a) Applicability. The requirements of this rule shall apply to all applicants
seeking initial permits for hazardous waste management facilities, and
shall also apply to those applicants seeking a new permit (i.e., every ten
years). The requirements of this rule shall also apply to applicants seeking
renewal of permits for such facilities, i.e., after five years of operation with
an existing permit, only if the renewal application is proposing a
significant change in facility operations. For the purposes of this rule, a
“significant change” is any change that would qualify as a class 3 permit
modification under 40 CFR 270.42. The requirements of this rule do not
apply to permit modifications under 40 CFR 270.42 (public notice
requirements for those modifications are detailed in 270.42) or to
applications that are submitted for the sole purpose of conducting post-
closure activities or post-closure activities and corrective action at a
facility.
(b) Prior to the submission of a permit application for a hazardous waste
management facility, the applicant shall hold at least one meeting with the
public in order to solicit questions from the community and inform the
community of proposed hazardous waste management activities. The
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applicant shall post a sign-in sheet or otherwise provide a voluntary
opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of
attendees and their addresses developed under paragraph (b) of this rule,
and copies of any written comments or materials submitted at the meeting,
to the Department
(d) The applicant shall provide public notice of the pre-application meeting at
least 30 days prior to the meeting. The applicant shall maintain, and
provide to the permitting agency upon request, documentation of the
notice.
(i) The applicant shall provide public notice in all of the following forms:
A newspaper advertisement. The applicant shall publish a notice,
fulfilling the requirements in paragraph (d)(2) of this rule, in a
newspaper of general circulation in the county or equivalent
jurisdiction that hosts the proposed location of the facility. In
addition, the Director shall instruct the applicant to publish the notice
in newspapers of general circulation in adjacent counties or
equivalent jurisdictions, where the Director determines that such
publication is necessary to inform the affected public. The notice
shall be published as a display advertisement.
A visible and accessible sign. The applicant shall post a notice on a
clearly marked sign at or near the facility, fulfilling the requirements
in paragraph (d)(2) of this rule. If the applicant places the sign on
the facility property, then the sign shall be large enough to be
readable from the nearest point where the public would pass by the
site.
A broadcast media announcement. The applicant shall broadcast a
notice, fulfilling the requirements in paragraph (d)(2) of this rule, at
least once on at least one local radio station or television station. The
applicant may employ another medium with prior approval of the
Director.
A notice to the permitting agency. The applicant shall send a copy of
the newspaper notice to the Department and to the appropriate local
government unit, in accordance with §124.10(c)(1)(vi).
(ii) The notices required under paragraph (d)(i) of this rule shall include:
The date, time, and location of the meeting;
A brief description of the purpose of the meeting;
A brief description of the facility and proposed operations, including
the address or a map (e.g., a sketched or copied street map) of the
facility location;
A statement encouraging people to contact the facility at least 72
hours before the meeting if they need special access to participate in
the meeting; and
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The name, address, and telephone number of a contact person for the
applicant. “
14. Delete 124.32 and replace with the following:
Ҥ 124.32 Public notice requirements at the application stage.
(a) Applicability. The requirements of this rule shall apply to all applicants
seeking initial permits for hazardous waste management facilities and shall
also apply to those applicants seeking a new permit (i.e. every ten years).
The requirements of this rule shall also apply to applicants seeking renewal
of hazardous waste management facility permits, i.e., after five years of
operation with an existing permit, only if the renewal application is
proposing a significant change in facility operations. For the purposes of
this rule, a “significant change” is any change that would qualify as a class
3 permit modification under 40 CFR 270.42. The requirements of this rule
do not apply to permit modifications under 40 CFR 270.42 (public notice
requirements for those modifications are detailed in 270.42) or permit
applications submitted for the sole purpose of conducting post-closure
activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(i) The Director shall provide public notice as set forth in §124.10(c)(1)(iv)
and (v), and notice to appropriate units of State and local government
as set forth in §124.10(c)(1)(vi), that a permit application has been
submitted to the Agency and is available for review.
(ii) The notice shall be published within a reasonable period of time after
the application is received by the Director. The notice shall include:
The name and telephone number of the applicant's contact person;
The name and telephone number of the permitting agency's contact
office, and a mailing address to which information, opinions, and
inquiries may be directed throughout the permit review process;
An address to which people can write in order to be put on the facility
mailing list;
The location where copies of the permit application and any
supporting documents can be viewed and copied;
A brief description of the facility and proposed operations, including
the address or a map (e.g., a sketched or copied street map) of the
facility location on the front page of the notice; and
The date that the application was submitted.
(c) Concurrent with the notice required under §124.32(b) of this subpart, the
Director shall place the permit application and any supporting documents
in a location accessible to the public in the vicinity of the facility or at the
Department’s office. “
15. Delete 124.33 and replace with the following:
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Ҥ 124.33 Information repository.
(a) Applicability. The requirements of this rule apply to all applications
seeking initial permits, renewal permits (i.e., after five years of operation
under an existing permit), and new permits (every ten years) for hazardous
waste management facilities.
(b) The Director may assess the need, on a case-by-case basis, for an
information repository. When assessing the need for an information
repository, the Director shall consider a variety of factors, including: the
level of public interest; the type of facility; the presence of an existing
repository; and the proximity to the nearest copy of the administrative
record. If the Director determines, at any time after submittal of a permit
application, that there is a need for a repository, then the Director shall
notify the facility that it shall establish and maintain an information
repository. (See 40 CFR 270.30(m) for similar provisions relating to the
information repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and
information deemed necessary by the Director to fulfill the purposes for
which the repository is established. The Director shall have the discretion
to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen
by the facility. If the Director finds the site unsuitable for the purposes
and persons for which it was established, due to problems with the
location, hours of availability, access, or other relevant considerations,
then the Director shall specify a more appropriate site.
(e) The Director shall specify requirements for informing the public about the
information repository. At a minimum, the Director shall require the
facility to provide a written notice about the information repository to all
individuals on the facility mailing list.
(f) The facility owner/operator shall be responsible for maintaining and
updating the repository with appropriate information throughout a time
period specified by the Director. The Director may close the repository at
his or her discretion, based on the factors in paragraph (b) of this rule.
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8
OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE
AND DISPOSAL FACILITIES
8.1 Applicability:
This rule shall apply to Treatment, Storage and Disposal Facilities. This rule does not apply
to facilities that operate in accordance with Rule 9 as Temporary Transfer and Storage
Facilities.
8.2 Incorporation of Federal Regulations regarding Treatment, Storage and
Disposal Facilities
A. 40 CFR Part 264 is incorporated by reference in its entirety except as provided
below, and except as provided in Rule 16 “Corrective Action” and except as
otherwise noted in these Rules and Regulations:
1. Delete 264.1(c), 264.1(d), 264.1(g)(1), 264.1(g)(4), and 264.1(g)(12). These
exemptions do not apply in Rhode Island.
2. Delete existing language in 264.1(g)(3) and replace with “A generator
accumulating hazardous waste on-site in accordance with Rule 5.
3. Delete 264.1(f), since the State of Rhode Island rather than the EPA is directly
operating the RCRA program in Rhode Island. However, the Part 264
requirements do apply in Rhode Island because they have been incorporated
by reference by these Rules and Regulations, with exceptions as noted.
4. Add as 264.1(g)(5)(i), 264.1(g)(6)(i), and 264.1(g)(10)(i) “Operations shall be
carried out in a system where equipment has been designed, engineered, and
constructed so as to protect human health and the environment, and so as to
comply with all requirements within OSHA standards.”
5. Delete existing language in 264.1(g)(6), and replace with the following: “The
owner or operator of an elementary neutralization unit as defined in 40 C.F.R.
§ 260.10. Also, the owner and operator of a wastewater treatment unit
provided that all of the following conditions are met:
(a) the unit receives and treats or stores an influent wastewater that is a
hazardous waste or generates and accumulates a wastewater treatment
sludge that is a hazardous waste as defined in these Rhode Island
Hazardous Waste Regulations or treats or stores a wastewater treatment
sludge that is a hazardous waste, and
(b) the unit is being used to legitimately treat only wastewater, as defined at 47
Fed. Reg. 4706 (Feb. 2, 1982). (Note: concentrated hazardous wastes are
not covered by this exemption. The disposal of concentrated hazardous
waste down the drain is prohibited), and
(c) the unit is a tank or tank system as defined in 40 C.F.R. § 260.10 (e.g.,
wastewaters when stored or transported in containers are not covered by
the exemption), and
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(d) the unit has a current ongoing discharge to surface waters or the sewers
that is on-site and 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 (e.g., zero discharge units such as evaporators
are not covered by this exemption, but rather shall comply with the RCRA
requirements for generators or Treatment, Storage and Disposal Facilities,
as applicable, in addition to any requirements specified in any permit
issued by a water program by the Department’s Office of Water Resources
or a publicly owned treatment facility), and
(e) the unit has been specifically described in a water permit application (e.g.,
in a schematic diagram) and specifically referenced in a water permit as
being part of the facilities subject to regulation under the Federal Clean
Water Act and Section 46-12-5 of the General Laws of Rhode Island (e.g.,
tanks used to store hazardous wastewaters or sludges not covered by a
water permit application and permit are not covered by this exemption).
Provided that if the owner or operator of either an elementary
neutralization unit or a wastewater treatment unit is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory
defined 40 C.F.R. § 268.40, Table Treatment Standards for Hazardous
Wastes), or reactive (D003) waste, to remove the characteristic before land
disposal, the owner/operator shall comply with the requirements set out in
40 C.F.R § 264.17(b). Provided also that any sludge or other waste
materials generated from an elementary neutralization unit or a wastewater
treatment unit shall be managed as a hazardous waste if such sludge or
waste material meets the criteria of a hazardous waste. The full hazardous
waste regulations apply to such sludge or other waste material when it
leaves the elementary neutralization unit or wastewater treatment unit, e.g.,
when a sludge is stored in containers on-site. For zero discharge units, the
hazardous waste requirements apply both to any hazardous wastewaters
and to hazardous sludges, when either is generated.”
6. In 264.1(g)(9) replace “ten days” with “seventy-two hours”. Also, add to the end
of this provision: “Temporary Transfer and Storage Facilities shall meet the
requirements specified in Rule 9 of these Rhode Island Hazardous Waste
Regulations.”
7. In 264.1(g)(11)(iii) delete “and”.
8. Add 264.1(g)(11)(v) “Used electronics as described in Rule 13.2.”
9. Add 264.1(g)(11)(vi) “Silver-containing photo fixing solutions as described in
Rule 13.3.”
10. In 264.1(j)(7) replace “264.18(b)” with “264.18(b), except for 264.18(b)(1)(ii),
including (A) – (D)”.
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11. Add to 264.10 the sub-paragraph “(c) Owners and operators of facilities that
each initiate a hazardous waste shipment shall also comply with waste
shipment requirements of Rule 5.1 through 5.13.”
12. Add to 264.10 the sub-paragraph “(d) In addition to these General Facility
Standards, the permittee shall also have a general duty to at all times properly
operate and maintain the facility. This includes adequate staffing, training,
laboratory and process controls and adequate back-up systems where
necessary.”
13. In 264.12(a)(1) after “Regional Administrator” add: “and the Director”; also in
the last sentence of paragraph (a)(1) after “source” add “to the Regional
Administrator” and after “not required” add: “but is required to be sent to the
Director at least four weeks in advance of the expected arrival date at the
facility”
14. In 264.13(b)(6) delete “264.1034(d), 264.1063(d), 264.1083,”. Rhode Island is
not authorized to administer the referenced regulations under 40 CFR part 264,
subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA
directly administers the subparts AA, BB and CC regulations in Rhode Island.
15. Delete 264.13(b)(8).
16. In 264.15(b)(4), in the second sentence delete the words “, except for
Performance Track member facilities, that must inspect at least once each
month, upon approval by the Director, as described in paragraph (b)(5) of this
section”. Also in 264.15(b)(4), replace “264.278” with “264.273” and delete
“264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089”.
17. Delete 264.15(b)(5).
18. Delete 264.18(a).
19. Delete 264.18(b)(1)(ii) including its paragraphs (A) – (D) and in 264.18(b)(1)(i)
replace “;or” with a “.”, and in 264.18(b)(1) replace “A facility located in a
100-year floodplain” with “Only facilities that perform storage and/or
treatment (not disposal) may be located in 100 year floodplains and such
facilities”.
20. In 264.56(g) add, after the word “chapter”, “and in accordance with Rules 5 and
6 of these Rules and Regulations”.
21. In 264.70(a) replace “ § 264.1 provides otherwise” with “those portions of §
264.1 adopted by the Department provide otherwise”.
22. In 264.71 add an introductory paragraph immediately prior to paragraph (a);
“Except for facilities exempted by § 264.70 and except for facilities subject to
§ 264.71(b) [receiving waste that must at least be accompanied by a shipping
paper in lieu of a manifest], the facility owner or operator shall not accept any
hazardous waste without a completed Manifest. All waste required to be
manifested shall employ use of the federal manifest forms. These manifest
requirements also pertain to manifests received by the facility from the
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generator after the shipment has been received and accepted [based on a
shipping paper] as described in § 264.71(b). Additionally, the facility owner
or operator shall submit to the Department the names and signatures of all
agents of the owner or operator authorized to sign the manifest.
23. In 264.71(a) add a sub-paragraph; “(2)(vi) Send a copy of the signed manifest
to the Department and to the state where the waste was generated (if required
by that state), within five days of receipt of the waste at the facility (or sooner
if required by another state). All facilities, whether they mail copies of
individual manifests or submit individual manifest information electronically,
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 signed statement attesting to the
accuracy and completeness of the information. This quarterly report shall
include the following data for each manifest:
(a) Manifest number
(b) Generator EPA ID Number
(c) Generator Name
(d) Transporter(s) EPA ID Number
(e) Transporter(s) Name
(f) Waste Codes
(g) Waste Description
(h) Waste Quantity
(i) Date of Generation
24. In 264.71(b) add a sub-paragraph; “(6) Send a copy of the signed manifest to
the Department and to the state where the waste was generated (if required by
that state), within five days of receipt of the waste at the facility (or sooner if
required by another state). However, if the facility did not receive a manifest
within five days of receipt of the waste at the facility (or within any shorter
period required for submission by another state), then send a copy of the
signed and dated shipping paper to the Department and to the state where the
waste was generated (if required by that state) within five days of receipt of
the waste at the facility (or sooner if required by another state). In addition,
upon later receiving the manifest, send a copy of the signed manifest to the
Department and to the state where the waste was generated (if required by that
state), within five days of receipt of the manifest (or sooner if required by
another state). With respect to sending a copy of the manifest and/or shipping
paper to the Department, the owner or operator may alternatively satisfy this
requirement by submitting the information on the manifest and/or shipping
paper 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. All facilities, whether they mail copies of individual manifests
and/or shipping papers or submit individual manifest information
electronically, shall also submit to the Department a quarterly report for all
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manifests and/or shipping papers received in that quarter in an electronic
format acceptable to the Department. This submission shall include a written
signed statement attesting to the accuracy and completeness of the
information. This quarterly report shall include the following data for each
manifest:
(a) Manifest number
(b) Generator EPA ID Number
(c) Generator Name
(d) Transporter(s) EPA ID Number
(e) Transporter(s) Name
(f) Waste Codes
(g) Waste Description
(h) Waste Quantity
(i) Date of Generation
25. In 264.71(c) replace the words “the requirements of part 262 of this chapter”
with the words “the portions of Part 262 that are incorporated by reference and
Rule 5 of these Rules and Regulations”
26. In 264.73(b) add a sub-paragraph; “(20) For storage facilities, a description and
the quantity of each waste shipped, cross-referenced by manifest document
number”.
27. In 264.73((b)(3) delete “264.1034, 264.1063, 264.1083,”
28. In 264.73(b)(6) delete “264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-
264.1063(i), 264.1064, and 264.1082 through 264.1090".
29. In 264.74(b) add after the word “period” “(of at least three years)”.
30. Delete 264.77(c) and replace with “(c) As otherwise required by subparts F and
K through N of this part.”
31. In 264.90(b) replace “§ 264.1” with “those portions of § 264.1 adopted by the
Department” and delete sub-paragraphs (2), and (5) (since these exemptions
do not apply in Rhode Island).
32. In 264.90(a)(2) add at the end of this paragraph, “A facility that is not a
regulated unit shall comply with its approved groundwater monitoring plan,
unless the Department does not require the facility to do groundwater
monitoring. ”
33. In 264.114, after the word “chapter”, add “and in accordance with Rule 5 of
these Rules and Regulations”.
34. In 264.143(a) delete sub-paragraphs (3) through (5) and replace with “(3) For
new facilities, the full amount of the closure cost estimate shall be deposited
into the closure trust fund when the fund is established. For existing facilities,
the full amount of the closure cost estimate shall be deposited into the closure
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trust fund by July 18, 1985.” In sub-paragraph (6), delete “After the pay-in
period is completed”.
35. In 264.145(a) delete sub-paragraphs (3) through (5) and replace with “(3) For
new facilities, the full amount of the post closure cost estimate shall be
deposited into the post closure trust fund when the fund is established. For
existing facilities, the full amount of the post closure cost estimate shall be
deposited into the post closure trust fund by July 18, 1985.”. In sub-paragraph
(6) delete “After the pay-in period is completed,” .
36. In 264.143(h) and 264.145(h) where the sentence "If the facilities covered by
the mechanism are in more than one Region, identical evidence of financial
assurance shall be submitted to and maintained with the Regional
Administrator of all such Regions." appears, replace it with the sentence "If
the facilities covered by the mechanism are in more than one State, identical
evidence of financial assurance shall 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.".
37. In 264.151 make the following substitutions, consistent with the substitution
rules stated in the definitions of Administrator/Regional Administrator, EPA
and RCRA in Rule 3 (Definitions) of these Rhode Island Hazardous Waste
Regulations:
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) where the
facility(ies) is (are) located
(delete)
Appropriate (when used
with Regional
Administrator)
(delete)
Resource Conservation and
Recovery Act
Hazardous Waste
Management Act of
1978
RCRA
HWMA
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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 that are affected
by the owner or operator's financial assurance mechanisms.
38. In 264.173 add a sub-paragraph “(c) The side of all hazardous waste containers
of 119 gallons or less shall be labeled with the following information:
(a) The words “hazardous waste”;
(b) The EPA or RI waste code;
(c) The generator’s name and address; and
(d) A unique ID number (that has the ability to link to the manifest number).
39. Revise 264.174 to read “ At least weekly, the owner or operator shall inspect
areas where containers are stored. The owner or operator shall look for leaking
containers and for deterioration of containers and the containment system
caused by corrosion or other factors. “
40. In 264.175, 264.178, 264.193, and 264.351, after the word “chapter”, add “and
in accordance with Rule 5 and Rule 6 of these Rules and Regulations.”
41. In 40 CFR 264.191(a) and 264.191(c), compliance in Rhode Island relative to
the January 12, 1988 and July 14, 1986 dates, respectively, applies only to a
tank system owned or operated by a federal 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 federal small quantity generator and that is a tank system
(aboveground, onground, inground, or underground) that can be entered for
inspection, "January 12, 1988" and "July 14, 1986" shall be replaced with
"December 1, 1992", wherever those dates occur in 40 CFR 264.191(a), and
264.191(c), respectively.
42. Delete 264.195(e)
43. Add as the introduction to 264.301, [prior to paragraph (a)] the sentence
“Landfills shall be designated as Class I, Class II, or Class III.”
44. Add at the end of 264.301(c)(1)(i)(B) the statement “The bottom liner shall be
installed with a minimum two percent slope and lead to collection sumps at all
low points”.
45. Delete 264.301(l) requirements for Alabama landfills and replace with “(l)
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.”
46. Add as 264.301(m) “The boundaries of all active portions of the landfill shall
be at least 500 feet from any private water supply or livestock water supply.”
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47. Add as 264.301(n) “Landfill erosion, landslides, and slumping shall be
minimized.”
48. Add as 264.301(o) “The landfill shall contain a gas collection and venting
system to prevent the lateral movement of gases generated within the landfill
and to prevent the accumulation of these gases within confined structures on
or adjacent to the landfill area.”
49. Add as 264.301(p):
“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 that consists of soils at least three feet thick and that 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, that meet the following requirements:
(e) Be of adequate strength and thickness to ensure mechanical integrity and
have a minimum thickness of 30 mils.
(f) Be resistant to attack from soil bacteria and fungi.
(g) Has ample weather resistance to withstand the stress of extreme heat,
freezing and thawing.
(h) Has adequate tensile strength to elongate sufficiently and withstand the
stress of installation and/or use of machinery and equipment.
(i) Be of uniform thickness, free from thin spots, cracks, tears, blisters and
foreign particles.
(j) Be placed on a stable base.
(k) Has a permeability less than or equal to 1 x 10-12cm/sec or its equivalent.
(l) Be seamed in a manner that does not adversely affect any property of the
membrane.”
50. Add as 264.301(q) “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.”
51. Add as 264.301(r) “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"
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areas and Class III Landfills located in "Till" areas shall meet the requirements
of 40 CFR 264.301(a) through (o) and 264 Subpart F.”
52. Add as 264.301(s) “The Director may approve a design that affords protection
equivalent to any of the requirements for classes of landfills in 264.301(p)–
(r), provided that all minimum federal requirements are retained. Prior to
approving an equivalent design, the Director shall prepare a written opinion
that 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 40 CFR 270.10(c) and 40
CFR 124.10(b).”
53. Add in 264.301(t) “Class I Landfills shall not accept any waste that:
(a) Is an R006 waste (extremely hazardous waste) or
(b) Has a 40 CFR 261.33(a)(2) OR 261.33(a)(4) characteristic of reactivity or
(c) Is a forbidden explosive as defined in 49 CFR 173.54 or
(d) Is 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, or
(e) Is a liquid or gaseous material that is a liquid while under pressure having
a flash point below 73oF and a boiling point less than 100oF
(f) Is an ignitable compressed gas as described in 40 CFR 261.21(a)(3), or
(g) Is a non-liquid having a 40 CFR 261.21(a)(2) characteristic of ignitability,
or
(h) Is an oxidizer as describe din 40 CFR 261.21(a)(4).
54. Add in 264.301(u) “Class II and III Landfills shall not accept any waste that:
(a) Is a prohibited waste in Class I landfills as described above, or
(b) Has a 40 CFR 261.23(a)(3) characteristic of reactivity or
(c) Has a 40 CFR 261.23(a)(6) characteristic of reactivity, or
(d) May form potentially explosive mixtures with oxidizable materials or
(e) Has a 40 CFR 261.23(a)(5) characteristic of reactivity, or
(f) Is a liquid having a flashpoint less than 73oF and a boiling point at or above
100oF, or
(g) Is a liquid having a flashpoint at or above 73oF and a boiling point less
than 100oF, or
(h) Is a liquid that ignites spontaneously in dry or moist air at or below 130oF
pt
(i) Is a compressed gas or mixture or liquid flammable material having a
properties as described in 40 CFR 261.21(a)(3)(i).
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55. In 264.313 delete “, unless 264.17(b) is complied with”
56. Delete 264 Subparts AA, BB, and CC. Also delete 264.179, 264.200, and
264.232, in 264.340(b)(2) delete “, BB and CC,.” and in 264.601 delete “and
subparts AA through CC.” Rhode Island is not authorized to administer the
referenced regulations under 40 CFR part 264, subparts AA, BB and CC
(RCRA air emissions regulations). Rather, the EPA directly administers the
subparts AA, BB and CC regulations in Rhode Island.
57. Delete 264.149 and 264.150 (not applicable in authorized States).
58. Delete 264 Appendix VI (not applicable in Rhode Island due to absence of such
earthquake fault lines).
59. Delete 264.340(b)(1). Also in 264.601 delete “,part 63 subpart EEE and part
146.” These exemptions do not apply in Rhode Island.
60. Revise 264.1101(c)(4) to read “Inspect and record in the facility’s operating
record, at least once every seven days.
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9
REQUIREMENTS FOR TEMPORARY TRANSFER AND STORAGE
FACILITIES
A. Applicability. This Rule applies to facilities that temporarily transfer and store
hazardous waste at locations for up to and not exceeding seventy-two (72) hours,
excluding Sundays and federal and Rhode Island legal holidays, at locations
included on the application. This Rule does not apply to waste that is received
from off-site by a utility that is exempt under Rule 6.2(A)(9).
B. Authorization Requirements. All persons who shall construct, operate or own a
temporary transfer and storage facility shall first submit a complete application to
the Office of Waste Management and obtain a Letter of Authorization from the
Director prior to conducting any such activities on-site.
C. Closure Plan and Financial Requirements. Owners or operators of a temporary
transfer and storage facility shall develop a closure plan, complete with a cost
estimate for closing down their facility, and submit this plan along with an
Application for Authorization as defined below, Owners or operators shall
document their financial ability to complete the closure plan by providing
financial assurance equivalent to the cost estimate contained within the closure
plan. If the owner or operator fails to satisfy these requirements the Director may
deny their Application for Authorization.
D. Application Specifications. All applications for authorization shall contain at least
the following information:
1.
The location of the facility, including the assessor’s plat and lot numbers and
address;
2.
The name and address of the property owner and operator of the facility;
3.
A detailed and complete description of the operations at the facility;
4.
A site plan depicting the facility’s floor plan, yard layout, drainage system
and storage and transfer location(s);
5.
A complete list of all pollution control and safety equipment to be utilized or
maintained on-site;
6.
Demonstration that the proposed facility is not within an area where the
groundwater is classified as GAA, a well head protection area, or within
areas where the groundwater is classified GA and where public water is not
available to all surrounding properties;
7.
A copy of the applicant’s environmental liability insurance policy for the
facility; and
8.
The facility’s closure cost estimate and financial assurance mechanism.
E. Application fee. An application fee of two thousand dollars ($2,000.00) shall be
submitted with each new application for a Letter of Authorization to operate a
temporary transfer and storage facility. Yearly renewal application fees shall be
five hundred dollars ($500).
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F. Authorization Period. Each Letter of Authorization shall be valid for a period of not
more than one (1) year from the date of issuance.
G. Expiration of Authorization/ renewal of authorization. At least thirty (30) days
before the end of the authorization period specified above, the owner/operator may
submit a renewal application and fee in accordance with the requirements of this
rule to operate a temporary transfer and storage facility.
H. Posting. Any Letter of Authorization issued hereunder shall be maintained on the
facility and posted in a conspicuous location, and shall be the property of the
Department.
I. Change of Ownership or Location. Changes in ownership, administration or
location of temporary transfer and storage facility are subject to the following
requirements:
1.
The Director shall be notified in writing thirty days prior to any change in
ownership of the facility or legal entity operating the facility or location or
discontinuance of services;
2.
A Letter of Authorization is not transferable to any other property.
3.
Any change in ownership shall require written authorization of the
Department prior to the change. The Director may require resubmission of
all or part of the application in connection with the transfer.
J. Revocation. The Director may revoke or suspend a Letter of Authorization in the
event that a determination is made by the Director that the facility is not being
operated in a manner that is consistent with these Regulations or the Letter of
Authorization.
K. Generator Requirements. Temporary transfer and storage facilities shall comply
with applicable sections of hazardous waste generator requirements contained in
Rule 5 including standards for Large Quantity Generators in Section 5.13.
L. Storage Units. Owners or operators of the temporary transfer and storage facility
may store hazardous waste only in containers.
M. Condition of Storage Units. Containers used to store hazardous waste at the
transfer and storage facility shall be:
1.
In good condition and free of severe rusting, corrosion or structural defects.
In the event that a container deteriorates and begin to leak the owner shall
transfer the hazardous waste to a container that is in good condition;
2.
Liquid tight with no visible leaks and;
3.
Kept closed at all times.
N. Secondary Containment for Containers. Containers used to store hazardous waste
shall be equipped with secondary containment that at a minimum has the
following:
1.
An impervious floor or bottom covering the entire storage area; and
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2.
Dikes, berms or walls capable of containing a spill or release; and
3.
A capacity equivalent to a minimum of 100% of the volume of the hazardous
waste stored in the containers at the facility; and
4.
The entire system shall be impervious to prevent a release; or
5.
An equivalent containment system may be substituted if prior written
approval is obtained from the Director.
O. Interior Storage. Containers at temporary hazardous waste transfer and storage
facility shall be stored within a building.
P. Labeling. Containers used to store hazardous waste at the temporary transfer and
storage facility shall be in compliance with Rule 5.
Q. Local Authority. Owners and operators of temporary hazardous waste transfer and
storage facilities shall be in compliance with the local building code and fire
safety requirements.
R. Operation. No waste shall be bulked during the storage time.
S. Response to release. Upon detection of a release of hazardous waste, the owner or
operator of the facility shall perform the following:
1.
Immediately notify the Department’s Emergency Response Program (at 401-
222-1360 or after hours at 401-222-3070), the local authorities and the
National Response Center (800-424-8802).
2.
Within 15 days of the incident, the owner or operator of the facility shall
submit a written report to OWM. The report should include:
(a) Name and address of facility;
(b) Time and type of incident;
(c) Name and quantity of material(s) involved;
(d) The extent of injuries;
(e) Any actions were taken during the incident and;
(f) The possible hazards to human health or the environmental .
T. Tracking. Owners or operators of the facilities shall keep a written log of each
hazardous waste shipment received for temporary storage at the facility and of
each off-site shipment of the hazardous from the facility for a period of at least
three years. The owner or operator shall also reconcile the incoming and outgoing
shipments of hazardous waste on the written log in order to demonstrate that the
hazardous waste is not being stored for greater than the allowed seventy two (72)
hours time period. The written logs shall be provided to the Department upon
request.
U. Owners or operators of the facilities shall maintain a valid hazardous waste
transporter permit. The site and vehicle shall be secured to prevent unauthorized
access.
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10
REQUIREMENTS FOR COMMUNITY COLLECTION CENTERS
AND PAINT COLLECTION CENTERS
10.1
Community Collection Centers:
This rule shall apply to Community Collection Centers as defined in Rule 3 that collect
hazardous waste, including but not limited to architectural paint. Community
Collection Centers may collect only Household Hazardous Waste or hazardous waste
from Conditionally Exempt Small Quantity Generators.
A. Authorization:
Community Collection Centers may not accept hazardous waste without having first
received a Letter of Authorization from the Department.
B. Registration Fee:
Community Collection Centers shall submit a registration fee of two thousand dollars
($2,000.00) with each new registration to obtain a Letter of Authorization to operate
a Community Collection Center. The yearly renewal fee for a Letter of
Authorization shall be five hundred dollars ($500).
C. Certification by Generators:
Prior to receiving hazardous waste, Community Collection Centers shall ensure that
the persons dropping off hazardous waste certify in writing their status as either a
Household Hazardous Waste Generator or a CESQG. Community Collection
Centers shall maintain these records for at least three years.
D. Recordkeeping:
If hazardous waste is received from a CESQG on a manifest, the Community
Collection Center shall sign and date the manifest as described in § 264.71. For
waste received from CESQG’s not transported using a manifest, the Community
Collection Center shall maintain records including the name and address of the
CESQG dropping off the waste, shipment date, a description of the type and quantity
of the waste and the EPA Identification. The Community Collection Center shall keep
the documentation described above for a period of at least three years.
E. Generator Status of Community Collection Centers:
1. Community Collection Centers shall not qualify as SQGs or CESQGs.
2. In addition to the specific requirements of this Rule, Community Collection
Centers shall comply with all requirements applicable to large quantity
generators in Rule 5 including record keeping and waste shipment.
F. Hazardous Waste Fee:
The waiver of the fee for household hazardous waste (R013) shall not apply to waste
received by the Community Collection Center from CESQGs with the exception of
architectural paint. For all other hazardous waste received from generators,
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Community Collection Centers are required to pay the Hazardous Waste Generator
fee in accordance with Rule 5.5 for offsite shipments of hazardous waste.
G. Bulking:
Community Collection Centers may not bulk waste by mixing wastes from different
generators into one container or tank, with the exception of waste architectural paints
and used oil that may be consolidated for shipping purposes.
H. Universal Waste Acceptance:
Community Collection Centers that receive universal waste from CESQGs or from
households shall comply with the requirements of Rule 13.5M.
I. Storage Limits:
Community Collection Centers shall not store more than 1,100 gallons (8,800
pounds) of hazardous waste at any time. Community Collection Centers may store
waste for up to one year.
J. Shipment of Waste:
Community collection centers may only ship hazardous waste to the following
destinations:
1. A designated hazardous waste management facility as per the shipment
requirements of Rule 5.
2. Another Community Collection Center for the purposes of consolidation prior
to shipment to a designated facility.
K. CESQG and HHW Status of the Waste:
When CESQG or household hazardous waste is received by a Community Collection
Center it shall be considered to be generated by the facility. At this point, it shall be
fully regulated as hazardous waste generated by a Large Quantity Generator as per
Rule 5.
10.2
Paint Collection Centers:
This rule shall apply to Paint Collection Centers as defined in Rule 3. Paint Collection
Centers may only collect hazardous waste in the form of architectural paint that is
either Household Hazardous Waste or hazardous waste from Conditionally Exempt
Small Quantity Generators. Paint Collection Centers may also become a universal
waste handler by following the requirements outlined in Rule 13.
As with other wastes, a determination as to whether architectural paint is a hazardous
waste must be made using analysis or generator knowledge as described in Rule 5 of
these Regulations.
A. Notification:
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Paint Collection Centers shall file a Notification on a form provided by the Department.
There is no fee for registration of Paint Collection Centers.
B. Use of a Manifest:
Paint Collection Centers shall track all outgoing shipments of paint waste on either a
hazardous waste manifest or a bill of lading. These shipping documents shall be
maintained for a minimum of 3 years.
C. Certification by Generators:
Prior to receiving hazardous waste, Paint Collection Centers shall ensure that all
generators certify in writing their status as a CESQG. Paint Collection Centers shall
maintain these records for at least three years.
D. Recordkeeping:
If hazardous waste is received on a manifest from a CESQG, the Paint Collection Center
shall sign and date the manifest as required by 40 CFR 264.71. For waste received from
generators not transported using a manifest, the Paint Collection Center shall maintain
records including the name and address of the person dropping off the waste as well as
the date, description and quantity of the waste. The Paint Collection Centers shall keep
the documentation described above for a period of at least three years.
E. Hazardous Waste Fee:
Architectural paint waste received by a Paint Collection Center is exempt from the fee.
It may be shipped offsite on a bill of lading or manifest, as appropriate, without payment
of the Hazardous Waste Fee.
F. Bulking:
Paint Collection Centers may bulk architectural paints for shipping purposes.
G. Storage Limits:
Paint Collection Centers shall not store more than 1,100 gallons (8,800 pounds) of paint
waste. Paint Collection Centers may store waste for up to one year.
H. Storage of Architectural Paint:
Paint Collection Centers shall store paint collected in the following manner:
1.
The paint shall be stored:
(a) in structurally sound collection containers that show no visible evidence
of leakage, spillage or damage that could cause leakage under reasonably
foreseeable conditions and
(b) in a secure area, away from ignition sources, storm drains and floor drains.
2.
Collection containers must be kept closed except when adding containers of
post-consumer paint that have been collected from consumers. A collection
container must be labeled with the words "Waste Paint." or each waste
storage area must be marked with a sign that states “Waste Paint Storage”.
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3.
In addition to the requirements contained in this rule, Architectural Paint will
also be subject to any requirements in an approved Rhode Island Architectural
Paint Stewardship Program Plan.
4.
Paint that is a hazardous waste is stored for no more than one year.
I. Shipment of Waste:
Paint collection centers may only ship hazardous waste to the following destinations:
1.
A designated hazardous waste management facility as per the shipment
requirements of Rule 5.
2.
A Community Collection Center authorized by the Department under Rule 10.1
3.
Another Paint Collection Center. If the Paint Collection Center is not located in
Rhode Island, it must be authorized to collect paint by the appropriate
regulatory authority.
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11
REQUIREMENTS
FOR
CIRCUIT
BOARD
RECYCLING
OPERATIONS
A facility may conduct shredding, crushing or other size reduction activities of
circuit boards in accordance with the conditions specified in 40 CFR 261.4(a)(14)
provided that they notify the Department in writing of this activity. Notification
should occur 30 days prior to operation of a new facility and within 90 days of
promulgation of these regulations for existing facilities.
A facility that shreds, crushes, heats, or otherwise treats a used electronic device or
a component thereof (other than circuit boards), or that breaks the cathode ray tube
in any used electronic device, must meet all applicable requirements of 40 C.F.R.
parts 264, 265, 266, 268, 270 and 124, and Rules 7 and 8 of these regulations.
12
RESERVED
133
13
UNIVERSAL WASTE
13.1 Requirements for Universal Waste:
The wastes listed in this Rule 13 are exempt from regulation under 40 CFR 262
through 270 except as specified in 40 CFR Part 273 and this Rule 13, and therefore
are not fully regulated as hazardous waste provided that they are handled in full
compliance with the requirements of this Rule 13. The wastes listed in this Rule 13
are subject to regulation under 40 CFR Part 273 and this Rule 13:
A. Batteries as described in 40 CFR 273.2
B. Pesticides as described in 40 CFR 273.3
C. Mercury-containing equipment as described in 40 CFR 273.4.
D. Lamps as described in 40 CFR 273.5.
E. Used electronics as described in Rule 13.2,
F. Silver- containing photo fixing solutions as described in Rule 13.3.
13.2 Applicability –Used Electronics:
The requirements of 40 CFR Part 273 and this Rule 13 apply to persons managing
used electronics, as defined in Rule 3 of these Rules, that have become wastes. Used
Electronic wastes that exhibit a hazardous characteristic and that do not fall within
the scrap metal exclusions in 40 C.F.R. § 261.4(a)(13) or § 261.6(a)(3)(ii), shall be
managed as universal waste (or hazardous waste) . RIGL 23-24.10, “Electronic
Waste Prevention, Reuse and Recycling Act”, bans the disposal of various types of
used electronic devices at solid waste facilities.
A. A used electronic device becomes a waste on the date it is discarded. An
unused electronic device becomes a waste on the date the handler decides to
discard it.
B. The requirements of 40 CFR Part 273 do not apply to persons managing the
following used electronics:
Used electronics that are not yet wastes under Rule 3 and 40 CFR 261. Rule
13.2(A) describes when used electronics become wastes.
C. Nothing in this rule is intended to override Rhode Island General Law 23-
24.10, Electronic Waste Prevention, Reuse and Recycling Act, that bans the
disposal of various types of used electronic devices at Rhode Island Solid
Waste Facilities.
13.3 Applicability – Silver-containing photo fixing solutions:
The requirements of 40 CFR 273 and this Rule 13 apply to persons managing silver-
containing photo fixing solutions, as defined in Rule 3 of these Rules, that have
become wastes, as defined in Rule 3 of these Rules, when the wastes are hazardous
wastes.
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A. A Waste silver-containing photo fixing solution is a hazardous waste if it
exhibits one or more of the characteristics identified in 40 CFR part 261,
Subpart C. A silver-containing photo fixing solution becomes a waste on the
date it is discarded. An unused silver-containing photo fixing solution
becomes a waste on the date the handler decides to discard it.
B. The requirements of 40 CFR Part 273 do not apply to persons managing the
following silver-containing photo fixing solutions:
1.
Silver-containing photo fixing solutions that are not yet wastes under
40 CFR 261. Rule 13.3(A) describes when silver-containing photo
fixing solutions become wastes.
2.
Silver-containing photo fixing solutions that are not hazardous waste.
Rule 13.3(A) describes when silver containing photo fixing solutions
are hazardous waste.
C. Other wastes from photo processing operations that exhibit one or more of
the characteristics of hazardous waste, including wastes from system
cleaning (acid regenerants, system cleaners, and photographic activators
(hazardous waste code D002), dichromate based cleaners (hazardous waste
code D007), and off-specification chemicals (hazardous waste code D001
and D002), shall be managed as hazardous waste (not universal waste).
13.4 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 13.1:
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
and per the requirements of this rule (Rule 13).
E. Handlers and transporters that export universal waste are subject to the
export requirements of 40 CFR 273.20 (small quantity handlers), 40 CFR
273.40 (large quantity handlers) or 40 CFR 273.56 (transporters) as
applicable.
13.5 Standards For Universal Waste Management:
40 CFR Part 273 is incorporated by reference in its entirety, except 273.3(b)(1)
relative to disposal of recalled or unused pesticides (since 40 CFR 262.70, the farmer
exemption, is not recognized by the Department), and as otherwise provided in these
Rules. (See also definition of "EPA" for portions of the CFR where "EPA" is replaced
by "Department").
135
A. 40 CFR 273.1 – Scope. The provisions are incorporated by reference with
the following changes to 273.1(a):
1.
add “(5) Used electronics as defined in these Rules.”
2.
add “(6) silver-containing photo fixing solutions as defined in these
Rules.”
B. 40 CFR 273.2 Applicability-Batteries. The provisions are incorporated
by reference with the following change:
Add “(d) Exceptions to 40 CFR273.2(b)(3). Waste nickel-cadmium, mercury-
oxide, and lead acid dry cell batteries shall be managed as universal waste (or
hazardous waste) whether or not they exhibit a hazardous characteristic. The
disposal of these wastes at solid waste facilities is prohibited, per the solid waste
disposal ban in RIGL 23-60.1, “Dry Cell Battery Control”.
C. 40 CFR 273.4 Applicability- Mercury-Containing Equipment. The
provisions are incorporated by reference with the following changes:
1.
Delete 40 CFR 273.4(b)(2).
2.
Add 40 CFR 273.4(d) to read as follows: “Waste Mercury-containing
equipment shall be managed as universal waste (or hazardous waste)
whether or not it exhibits a hazardous characteristic. The disposal of
these wastes at solid waste facilities is prohibited, per RIGL23-24.9,
“Mercury Reduction and Education Act”.
D. 40 CFR 273.5 Applicability- Lamps. The provisions are incorporated by
reference with the following changes:
1.
Delete 40 CFR 273.5(b)(2).
2.
Add 40 CFR 273.5(d) to read as follows: “Waste lamps shall be
managed as universal waste (or hazardous waste) if they meet the
federal or state definition of hazardous waste1. The disposal of these
wastes at solid waste facilities is prohibited, except as provided in Rule
13.5(E)(2) (household exemption), per the solid waste disposal ban on
lamps in RIGL 23-24.9 “Mercury Reduction and Education Act”.
3.
Lamp ballasts containing PCB’s shall be managed as a hazardous
waste (See definition of PCB Waste- R007 in Rule 3) in accordance
with Rules 5.
E. 40 CFR 273.8– Applicability–household and conditionally exempt small
quantity generator waste.
40 CFR 273.8 is not incorporated by reference. Instead, the following
provisions shall apply:
1.
Persons who are household hazardous waste collection facilities, as
described in Rule 5, and who handle wastes of the types described in
the “Universal Waste” definition in Rule 3, shall either handle those
1 Note: Lamps that contain mercury at levels below the federal standard are still Rhode Island Hazardous Wastes
(R009) if they have any added mercury.
136
wastes in compliance with all requirements applicable to hazardous
waste generators as provided in Rule 5 or shall handle those wastes as
universal wastes per the requirements of this part.
2.
Persons who are conditionally exempt small quantity generators and
who:
(a) generate waste batteries (except for waste nickel-cadmium,
mercuric oxide, and lead acid dry cell batteries), waste pesticides,
and/or silver- containing photo fixing solutions as described in the
“Universal Waste” definition in Rule 3 shall either handle those
wastes as hazardous waste in compliance with the requirements of
Rule 5 or shall handle those wastes as universal wastes per the
requirements of this part.
(b) generate and dispose of certain waste dry cell batteries (i.e., waste
nickel-cadmium, mercuric oxide, or lead acid dry cell batteries),
used electronics, waste mercury- containing equipment and/or
waste lamps as defined in the “Universal Waste ” definition in Rule
3 shall either dispose of these wastes as hazardous waste or
universal waste per the requirements of this part. This satisfies the
solid waste disposal ban in RIGL 23-60.1, 23-24.10, and 23-24.9.
3.
Persons who commingle regulated universal wastes with wastes of the
types described in the “Universal Waste” definition in Rule 3 from
households or from Conditionally Exempt Small Quantity Generators,
shall handle the commingled wastes as hazardous wastes or universal
wastes per the requirements of this part.
F. 40 CFR 273.9– 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 definition of “Large Quantity Handler of Universal
Waste”.
2.
Replace the definition of “Small Quantity Handler of Universal Waste”
with the Rule 3 definition of “Small Quantity Handler of Universal
Waste”.
3.
Add to the definition of “Universal Waste” “(5) Used electronics as
defined in these Rules.”
4.
Add to the definition of “Universal Waste” “(6) Silver-containing
photo fixing solutions as defined in these Rules.”
5.
In the definition of “Destination facility” add the following after the
last sentence: “A facility that shreds, crushes, heats, or otherwise
treats a used electronic device or a component thereof (other than
circuit boards), or that breaks the cathode ray tube in any universal
waste used electronic device is a destination facility.”
137
G. 40 CFR 273.11 – Prohibitions. The provisions are incorporated by
reference with the following changes:
1.
add “(c) Prohibited from shredding, crushing or intentionally breaking
universal waste except as provided in Rule H below.”
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. For the purposes of
these regulations, physical breakage of one item or less than10% of the
total items in storage onsite at any given time shall be considered
insignificant.
H. 40 CFR 273.13 - Waste Management. The provisions are incorporated by
reference with the following changes:
1.
add “(e) Used electronics. A small quantity handler of universal waste
shall manage used electronics that are universal wastes in a way that
prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(a) Store all used electronics inside a building with a roof and four
walls or in a portable storage unit that is completely enclosed and
weatherproof, or in the cargo-carrying portion of a truck, such as a
trailer. Storage shall be in a manner that prevents used electronics
from being exposed to the environment and ensures that all used
electronics are handled, stored and transported in a manner that
maintains the reuse or recyclability of any such used electronic or
component thereof.
(b) A small quantity handler of universal waste shall contain any
cathode ray tube(s) from a used electronic device and other used
electronics that shows evidence of breakage, leakage, spillage, or
damage that could cause the release of glass particles or other
hazardous constituents under reasonable foreseeable conditions in a
container. The container shall be closed, structurally sound,
compatible with the contents of the cathode ray tube(s) and other
used electronics, and must lack evidence of breakage, leakage,
spillage, or damage that could cause the release of glass particles or
other hazardous constituents under reasonably foreseeable
conditions. Any released glass particles, other constituents, and
clean-up residues resulting from the breakage, leakage, spillage, or
damage of cathode ray tube(s) or used electronics shall be managed
as universal waste or hazardous waste, whether or not they exhibit
a hazardous characteristic. The disposal of these wastes at solid
waste facilities is prohibited, per the solid waste disposal ban in
138
RIGL 23-24.10, “Electronic Waste Prevention, Reuse and
Recycling Act”.
(c) A small quantity handler of universal waste may conduct the
following activities:
(i) Sorting display devices/cathode ray tubes or other used
electronics by type.
(ii) Managing different types of display devices/cathode ray tubes
or other used electronics in the same container.
(iii) Testing display devices/cathode ray tubes or other used
electronics to determine if they are capable of being returned to
service.
(iv) Removing cathode ray tubes or other used electronics from
display device casings.
(v) Disassembling used electronics to separate batteries, circuit
boards, or other components for the purpose of marketing,
reselling, reusing or recycling such components, provided no
treatment is occurring.
(vi) Receive and handle circuit boards provided that mercury
switches/relays, nickel-cadmium batteries and lithium batteries
are removed prior to processing or shipment offsite.
(d) A small quantity handler of universal waste may also conduct
shredding, crushing, or other size reduction activities of circuit
boards in accordance with the conditions specified in 40 CFR
261.4(a)(14) provided they notify the Department in writing of this
activity. Notification should occur 30 days prior to operation of a
new facility and within 90 days of promulgation of these regulations
for existing facilities.
(e) A small quantity handler of universal waste shall not conduct the
following activity:
Breaking of cathode ray tubes in used electronic devices.
(f) A small quantity handler of universal waste may disassemble used
electronics provided that the handler:
(i) Ensures that used electronics are disassembled in a manner
designed to prevent the release of any universal waste or
component of universal waste to the environment;
(ii) Ensures that the disassembly operations are performed safely
by developing and implementing a written procedure detailing
how to safely disassemble each used electronic device managed
at the facility. This procedure shall include: the type of
equipment to be used to disassemble the used electronic device
safely, operation and maintenance of equipment, segregation of
incompatible wastes and proper waste management practices;
(iii) Ensures that a spill clean-up kit is readily available to
immediately clean up spills or leaks of the contents of the used
electronic device that may occur during disassembly operations;
139
(iv) Segregates and transfers the disassembled electronic
components to containers that meet the requirements of Rule 13.
(v) Ensures that employees are thoroughly familiar with the
procedures for disassembling used electronics, proper waste
handling, and emergency procedures relevant to their
responsibilities
during
normal
facility
operations
and
emergencies and
(vi) Maintains a system to ensure compliance with the written
disassembling and management procedures.
2.
Add “(f) Universal Waste Silver-containing photo fixing solutions. A
small quantity handler of universal waste shall manage universal waste
silver-containing photo fixing solutions in a way that prevents releases
of any universal waste or component of universal waste to the
environment. The universal waste silver-containing photo fixing
solutions shall be contained in one or more of the following:
(a) A container that remains closed, structurally sound, compatible
with the silver-containing photo fixing solutions, and that lacks
evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions; or
(b) A container that does not meet the requirements of the above listed
rule may be managed by placing it in an overpack container that
does meet the requirements of this Rule; or
(c) A tank that meets the requirements of the tank provisions in Rule
5.13; or
(d) A transport vehicle or vessel that is closed, structurally sound,
compatible with the silver-containing photo fixing solutions, and
that lacks evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.”
3.
Regarding Mercury Containing Equipment: Delete
40
CFR
273.13(c)(4)(iii) and replace with “ (iii) if the mercury containing
wastes, and/or residues containing mercury is not a characteristic
hazardous waste, such waste shall still be handled as universal waste
(or hazardous waste). The disposal of these wastes at solid waste
facilities is prohibited, per the solid waste disposal ban in RIGL 23-
24.9 “Mercury Reduction and Education Act”.”
I.
40 CFR 273.14 – Labeling/marking. The provisions are incorporated by
reference with the following changes:
1.
add “(f) Used electronic devices or containers of used electronic
devices shall be clearly labeled (or clearly marked) as follows:
140
(a) Cathode ray tubes shall be labeled with one of the following
phrases: “Universal Waste- Cathode Ray Tube(s)”, “Waste Cathode
Ray Tube(s)” or “Used Cathode Ray Tube(s)”.
(b) Other used electronic devices (that are not cathode ray tubes) shall
be labeled with one of the following phrases: “Universal Waste-
“Used Electronic Devices not containing CRTs”.
(c) Containers with both cathode ray tubes and other used electronic
devices shall be labeled with the following phrase: “Universal
Waste- Used Electronic Devices with CRTs”
2.
add “(g) A container, (or multiple container package unit), tank,
transport vehicle or vessel in which used universal waste silver-
containing photo fixing solutions as described in Rule 13.3 are
contained shall be labeled or marked clearly with either of the phrases
“Universal Waste- Silver-Containing Photo Fixing Solution(s)” or
“Waste-Silver-Containing Photo Fixing Solution(s)”.
J.
40 CFR 273.18 - Off-site shipments. The provisions are incorporated by
reference with the following change:
in paragraph (g) replace "appropriate regional EPA office" and "EPA
regional office" with "Department".
K. 40 CFR 273.31 – Prohibitions. The provisions are incorporated by
reference with the following changes:
1.
add “(c) Prohibited from shredding, crushing or intentionally breaking
universal waste except as provided in Rule M (“Waste Management”)
below.”
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. For the purposes of
these regulations, physical breakage of one item or less than 10% of
the total amount of universal waste items in storage onsite at any time
shall be considered insignificant.”
L. CFR 273.32 – Notification. The provisions are incorporated by reference
with the following changes:
1.
In 273.32(a)(1), after “ 5000 kilogram storage limit” add “(or the
20,000 kilogram storage limit for used electronics)”
2.
Revise 273.32(b)((4) to read “A list of all types of universal waste
managed by the handler (e.g. batteries, pesticides, mercury-containing
141
equipment, lamps, used electronics, and silver-containing photo fixing
solutions);
3.
In 273.32(b)(5), after “5000 kg of universal waste” add “(or 20,000 kg
of used electronics)”
M. CFR 273.33 – Waste Management. The provisions are incorporated by
reference with the following changes:
1.
add “(e) Used electronics. A large quantity handler of universal waste
shall manage used electronics that are universal wastes in a way that
prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
(a) Store all used electronics inside a building with a roof and four
walls or in a portable storage unit that is completely enclosed and
weatherproof, or in the cargo-carrying portion of a truck, such as a
trailer. Storage shall be in a manner that prevents used electronics
from being exposed to the environment and ensures that all used
electronics are handled, stored and transported in a manner that
maintains the reuse or the potential to reuse or recycle of any such
used electronic or component thereof.
(b) A large quantity handler of universal waste shall contain any
cathode ray tube(s) from a used electronic device and other used
electronics that shows evidence of breakage, leakage, spillage, or
damage that could cause the release of glass particles or other
hazardous constituents under reasonable foreseeable conditions in a
container. The container shall be closed, structurally sound,
compatible with the contents of the cathode ray tube(s) and other
used electronics, and must lack evidence of breakage, leakage,
spillage, or damage that could cause the release of glass particles or
other hazardous constituents under reasonably foreseeable
conditions. Any released glass particles, other constituents, and
clean-up residues resulting from the breakage, leakage, spillage, or
damage of cathode ray tube(s) or used electronics shall be managed
as universal waste (or hazardous waste), whether or not they exhibit
a hazardous characteristic. The disposal of these wastes at solid
waste facilities is prohibited, per the solid waste disposal ban in
RIGL 23-24.10, “Electronic Waste Prevention, Reuse and
Recycling Act”.
(c) A large quantity handler of universal waste may conduct the
following activities:
(i) Sorting display devices/cathode ray tubes or other used
electronics by type.
(ii) Managing different types of display devices/cathode ray tubes
or other used electronics in the same container.
142
(iii) Testing display devices/cathode ray tubes or other used
electronics to determine if they are capable of being returned to
service.
(iv) Removing cathode ray tubes or other used electronics from
display device casings.
(v) Disassembling used electronics to separate batteries, circuit
boards, or other components for the purpose of marketing,
reselling, reusing or recycling such components, provided no
treatment is occurring.
(vi) Receive and handle circuit boards provided that mercury
switches/relays, nickel-cadmium batteries and lithium batteries
are removed prior to processing or shipment offsite.
(d) A large quantity handler of universal waste may also conduct
shredding, crushing, or other size reduction activities of circuit
boards in accordance with the conditions specified in 40 CFR
261.4(a)(14) provided they notify the Department in writing of this
activity. Notification should occur 30 days prior to operation of a
new facility and within 90 days of promulgation of these regulations
for existing facilities.
(e) A large quantity handler of universal waste shall not break cathode
ray tubes in used electronic devices.
(f) A large quantity handler of universal waste may disassemble used
electronics provided that the handler:
(i) Ensures that used electronics are disassembled in a manner
designed to prevent the release of any universal waste or
component of universal waste to the environment;
(ii) Ensures that the disassembly operations are performed safely
by developing and implementing a written procedure detailing
how to safely disassemble each used electronic device managed
at the facility. This procedure shall include: the type of
equipment to be used to disassemble the used electronic device
safely, operation and maintenance of equipment, segregation of
incompatible wastes and proper waste management practices;
(iii) Ensures that a spill clean-up kit is readily available to
immediately clean up spills or leaks of the contents of the used
electronic device that may occur during disassembly operations;
(iv) Segregates and transfers the disassembled electronic
components to containers that meet the requirements of Rule
13.5(M)(1)(b) above.
(v) Ensures that employees are thoroughly familiar with the
procedures for disassembling used electronics, proper waste
handling, and emergency procedures relevant to their
143
responsibilities
during
normal
facility
operations
and
emergencies and
(vi) Maintains a system to ensure compliance with the written
disassembling and management procedures.
2.
Add “(f) Universal Waste Silver-containing photo fixing solutions. A
large quantity handler of universal waste shall manage universal waste
silver-containing photo fixing solutions in a way that prevents releases
of any universal waste or component of a universal waste to the
environment. The universal waste silver-containing photo fixing
solutions shall be contained in one or more of the following:
(a) A container that remains closed, structurally sound compatible
with the silver-containing photo fixing solutions, and that lacks
evidence of leakage, spillage, or damage that could cause leakage
under reasonably foreseeable conditions; or
(b) A container that does not meet the requirements of the above listed
rule may be managed by placing it in an overpack container that
does meet the requirements of this Rule; or
(c) A tank that meets the requirements of the tank provisions in Rule
5.13(C); or
(d) A transport vehicle or vessel that is closed, structurally sound,
compatible with the silver-containing photo fixing solutions, and
that lacks evidence of leakage, spillage, or damage that could cause
leakage under reasonably foreseeable conditions.
3.
Delete 40 CFR 273.33(c)(4)(iii) and replace with “ (iii) If the mercury
containing waste and/or residues containing mercury is not a
characteristic hazardous waste, such waste shall still be handled as
universal waste (or hazardous waste- R009) and not as solid waste.
N. 40 CFR 273.34 – Labeling/marking. The provisions are incorporated by
reference with the following changes:
1.
add “(f) Used electronics devices or containers of used electronic
devices shall be clearly labeled (or clearly marked) as follows:
(a) Cathode ray tubes shall be labeled with one of the following
phrases: “Universal Waste- Cathode Ray Tube(s)”, “Waste Cathode
Ray Tube(s)” or “Used Cathode Ray Tube(s)”.
(b) Other used electronics devices (that are not cathode ray tubes) shall
be labeled with one of the following phrases: “Universal Waste-
“Used Electronic Devices not containing CRTs”.
2.
add “(g) A container, (or multiple container package unit), tank,
transport vehicle or vessel that used universal waste silver-containing
photo fixing solutions as described in Rule 13.3 are contained shall be
labeled or marked clearly with the words “Universal Waste- Silver-
144
Containing Photo Fixing Solution(s)” or “Waste-Silver-Containing
Photo Fixing Solution(s);”
O. 40 CFR 273.38 - Off-site shipments. The provisions are incorporated by
reference with the following change:
In paragraph (g) replace "appropriate regional EPA office" and "EPA regional
office" with "Department".
P. 40 CFR 273.51 – Prohibitions. The provisions are incorporated by
reference with the following changes:
1.
add “(c) Prohibited from shredding, 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.
For the purposes of these regulations, physical breakage of one item or
less than 10% of the total amount of items onsite at any time shall be
considered insignificant.
Q. 40 CFR 273.60 – Applicability. The provisions are incorporated by
reference with the following change:
In paragraph (a) after the phrase “of this chapter,” add “to all applicable
requirements of Rules 7,8 and 11,”
R. 40 CFR 273.61 - Off-site shipments. The provisions are incorporated by
reference with the following change:
In paragraph (c) replace "appropriate regional EPA office" and "EPA
regional office" with "Department".
S. 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:
In 273.80(b) and 273.80(c), delete “Administrator” and replace with
“Director”.
145
14
MIXED WASTE
These rules apply to Mixed Waste as defined in Rule 3.
14.1 Requirements for Mixed Waste: Mixed Waste shall be subject to these Rules
and Regulations and to the Rhode Island Department of Health’s “Rules and
Regulations for the Control of Radiation”.
14.2 Conditional Exemptions: The provisions of 40 CFR 266 Subpart N are
incorporated by reference, relative to the conditional exemptions for low-level
mixed waste and the transportation and disposal conditional exemption for
eligible NARM waste.
146
15
USED OIL MANAGEMENT STANDARDS
15.1 Purpose and Applicability
This Rule provides an alternative to managing used oil as hazardous waste under Rule 5.3
(Hazardous Waste Determination); it identifies those materials that may and may not be
managed as used oil, and establishes standards for their handling, storage, transport,
aggregation, collection, and burning of used oil as fuel. This Rule also establishes
management standards for used oil that is reused, sent for reclamation, processed or burned
for energy recovery. Used oil, as defined in Rule 3, that is to be reused, reclaimed,
processed, re-refined or burned for energy recovery is subject to the requirements of Rule
15. This Rule does not apply to used oil, or material derived from used oil, that is disposed
of, sent for disposal or used in a manner constituting disposal, that shall be evaluated to
determine if the used oil is subject to regulation as a hazardous waste in accordance with
Rule 5.3 (Hazardous Waste Determination). Used oil that does not meet the definition of a
hazardous waste and is not managed in accordance with Rule 15 shall be managed as a
solid waste in accordance with the applicable regulations.
A. Used oil that exhibits any of the hazardous waste characteristics identified
in Rule 3 or in 40 CFR 261 Subpart C is subject to Rule 15 except that the
used oil may be excluded from burning for energy recovery pursuant to Rule
3 and Rule 15.3E.
B. Mixtures of used oil and hazardous wastes that are Federally listed in 40
CFR 261 Subpart D shall be managed as hazardous waste
1.
Used oil that contains greater than 1,000 ppm of total halogens is
presumed to have been mixed with one or more halogenated hazardous
wastes listed in 40 CFR 261 Subpart D. Persons may rebut the
presumption that the used oil has been mixed with the hazardous waste
designated in 40 CFR 261.31 (a) as F001 or F002 by demonstrating
through analysis that none of the following halogenated hazardous
waste constituents are present in the used oil at a concentration of
greater
than
100
parts
per
million:
tetrachloroethylene,
trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon
tetrachloride, chlorinated fluorocarbons, chlorobenzene, 1,1,2-
trichloro-1,2,2-triflouroethane,
ortho-dichlorobenzene,
trichlorofluoromethane or 1,1,2-trichloroethane. To rebut the
presumption that the used oil has been mixed with any hazardous
waste, other than F001 or F002, listed in 40 CFR 261, Subpart D, a
person shall demonstrate that the used oil does not contain hazardous
waste by having the used oil analyzed in accordance with Rule 5.3 and
demonstrating that the used oil does not contain significant
concentrations of halogenated hazardous constituents listed in
Appendix VIII of 40 CFR 261. Unless and until such person has
147
rebutted the presumption, a used oil containing more than 1,000 parts
per million total halogens shall be considered a hazardous waste and
shall be managed as such.
2.
The rebuttable presumption set forth in Rule 15.1(B)(1) does not
apply to metal working oils/fluids that contain chlorinated paraffins
that are reclaimed/processed under a tolling arrangement as defined in
Rule 3. Metal working oils/fluids that are recycled in any other manner
are subject to the rebuttable presumption set forth in Rule 15.1(B)(1)
3.
Used oil contaminated with Chlorofluorocarbons (CFCs) removed
from refrigeration units that are destined for reclamation is not subject
to the rebuttable presumption set forth in 15.1(B)(1) above. The
rebuttable presumption does apply to used oil contaminated with CFCs
from sources other than refrigeration units.
C. Mixtures of used oil and hazardous waste where the hazardous waste mixed
with the used oil is hazardous only because it exhibits the characteristic of
ignitability identified in 40 CFR 261.21 are subject to this Rule and may be
managed accordingly if the resultant mixture does not exhibit any
characteristics of hazardous waste identified in 40 CFR 261 Subpart C.
Mixtures of used oil and ignitable hazardous waste that do not meet the
criteria listed in Rule 15.1(C) are not subject to this Rule and shall be
managed in accordance with Rule 5.
D. Materials containing or otherwise contaminated with used oil are not
regulated as used oil under this Rule if the used oil has been drained or
removed to the extent practicable so that no free flowing liquid is present.
Such materials are subject to the waste characterization requirements under
Rule 5.3 (Hazardous Waste Determination) and may be subject to additional
parts of these Rules if the materials meet the definition of Hazardous Waste.
Materials contaminated with used oil that are burned for energy recovery in
accordance with Rule 15.3 are regulated under this Rule. Mixtures of used
oil and any petroleum based products shall be managed in accordance with
Rule 15.
E. Used automotive engine oil filters that are not terne-plated and were not
contaminated by mixtures of used oil and any Federally listed hazardous
waste identified in 40 CFR 261 Subpart D are not subject to Rule 15 or Rules
1 through and including 8 and 17 if the filters were gravity hot-drained using
one of the following methods:
1.
Puncturing the filter anti-drain back valve or the filter dome end and
hot draining;
2.
Hot-draining and mechanically crushing the filter;
148
3.
Any other equivalent hot draining method that will remove all pourable
liquids from the filter; or
4.
Cold-draining and crushing using a mechanical, pneumatic, or
hydraulic device designed for the purpose of crushing oil filters and
effectively removing the oil.
Used automotive engine oil filters that are terne-plated are not subject to
Rule 15 or Rules 1 through and including 8 and 17 if the generator processes
the filters in accordance with Rule 15.1(E), sends the processed filters out
for scrap metal reclamation and documents the recycling of the filters.
All free liquids that are collected as a result of any draining activity shall be
properly managed in accordance with Rule 15. Used automotive oil filters
that are not fully drained using one of the methods prescribed above may be
managed as a material contaminated with used oil in accordance with the
requirements of Rule 15.
F. Materials derived or otherwise reclaimed from used oil that are used in place
of new product and are not burned for energy recovery or used in a manner
constituting disposal are not used oil, are not hazardous waste and are not
solid waste. Materials derived from used oil that are burned for energy
recovery are subject to the requirements of Rule 15.3. Materials derived
from used oil that are used in a manner constituting disposal are subject to
the requirements of Rule 5.
G. Wastewater contaminated with “De Minimis” quantities of used oil that is
discharged in accordance with the Department’s Water Quality Regulations,
permits issued by local POTWs and Section 307 or Section 402 of the Clean
Water Act is not regulated by this Rule. De Minimis quantities for the
purpose of this Rule shall be defined as leaks or drippings from equipment
or machinery that enter the wastewater treatment system inadvertently
during normal operations or maintenance. Used oil that enters a wastewater
treatment system as a result of abnormal manufacturing processes (e.g.,
pipeline or pump failures) or by direct discharges and any used oil removed
from wastewater is subject to Rule 15.
H. Used oil produced on vessels from shipboard operations is not subject to
Rule 15 until it is transported onto shore.
I.
Used oil containing levels of polychlorinated biphenyls (PCBs) that are
determined to be below 50 ppm through analytical testing (or by satisfying
the requirements of 40 CFR 761.2) may be managed under Rule 15. Used
oil containing PCBs at levels of 50 ppm or greater are hazardous wastes as
defined in Rule 3 and shall be managed in accordance with Rules 1-8 and
17.
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J.
Household used oil generators are exempt from the provisions of Rule 15.
Once household generator used oil is in the possession of a used oil
collection center, used oil transporter, used oil burner, or used oil
processor/re-refiner, the used oil is subject to regulation under this Rule.
K. Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products are not subject to the requirements of this
Rule.
L. Mixtures of used oil and fuel or other fuel products and tank bottoms from
such mixtures are subject to this Rule.
M. Used oil burners, used oil generators, used oil transporters, used oil
temporary storage facilities, used oil collection centers, used oil aggregation
points, used oil processor/re-refiners and used oil marketers while handling
used oil may also be subject to federal regulation by the USEPA pursuant to
the Code of Federal Regulations (CFR). Used oils containing any
quantifiable levels of polychlorinated biphenyls (PCBs) are subject to
regulation under 40 CFR 761.20(e). Used oils containing PCBs at levels of
50 ppm or greater are subject to regulation under all of 40 CFR Part 761.
The storage of used oil on-site may also be subject to regulation by the
USEPA under 40 CFR 112 (SPCC Program).
15.2 Prohibitions:
The following uses or activities are prohibited:
A. The mixing of hazardous wastes with used oil, except as provided for in Rule
15.1(C);
B. The use of any used oil for road oiling or dust suppression;
C. Burning off-specification used oil as defined in Rule 15.3, unless the used
oil is generated on-site or at a used oil aggregations point also under the
control of the generator and burned in used oil burning equipment with a
capacity of equal to or less than 500,000 Btu per hour;
D. Burning used oil for firefighter training;
E. Management of used oil in anything other than containers or tanks;
F. Any disposal of used oil to the land or waters of the State;
G. The disposal of used oil into a subsurface discharge system or Underground
Injection Control system (UIC); and
H. Shipment of used oil to a facility that has not notified the Department of its
used oil activity and/or obtained the appropriate Letter of Authorization or
Permit as required by Rule 15; unless the used oil is being managed as a
hazardous waste in accordance with the requirements of Rules 5 and 6.
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15.3 Burning Used Oil for Energy Recovery:
This Rule applies to owners and operators of used oil burning equipment as
defined in Rule 3. Used oil, or any fuel produced by processing used oil, may
only be burned at a commercial facility in a space heater, industrial furnace or
boiler provided that the used oil burner conducting the burning complies with all
of the requirements of this rule. Used Oil Processor/re-refiner facilities that burn
small amounts of used oil as a result of processing used oil are not subject to the
requirements of Rule 15.3.
A. Used oil burners that utilize used oil burning equipment with heat input
capacity of less than or equal to 500,000 BTU/hr to burn either specification
used oil or off-specification used oil shall comply with the following
requirements:
1.
The used oil burner only burns used oil that is generated on-site by
routine facility processes; and
2.
The emissions produced by the used oil burning equipment are vented
to ambient air outside of any building or structure.
B. Used oil burners that utilize used oil burning equipment with heat input
capacity of less than or equal to 500,000 BTU/hr to burn specification used
oil that was not generated on-site shall comply with the following
requirements:
1.
Prior to burning, the used oil burner has the used oil analyzed by a
laboratory, or obtains certified copies of analytical test results
conducted by a laboratory from the used oil generator, used oil
transporter, or used oil processor/re-refiner to verify that it meets the
definition of specification used oil;
2.
The used oil burner shall maintain copies of the actual analytical
testing results at the facility where the burning activity occurs for a
period of at least three years and shall provide such records to the DEM
upon request;
3.
The used oil burner may aggregate off-specification used oil generated
on-site or at a used oil aggregations point also under the control of the
generator with virgin oil or specification used oil for the purposes of
burning used oil on-site provided that the used oil burner first has the
mixture of used oil analyzed to ensure that it meets the definition of
specification used oil in accordance with this section, but may not
aggregate for the purposes of producing specification used oil for off-
site shipment;
4.
The used oil burner, prior to burning any used oil, shall notify the
Department’s Office of Air Resources of his/her intent to burn
specification used oil in accordance with Rule 15 of the Hazardous
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Waste Management Regulations. Used oil burners subject to the
requirements of Rule 15.3(B) shall obtain an EPA Identification
Number by submitting a completed EPA Form 8700-12 to the
Department.
C. Used oil burners that utilize used oil burning equipment with heat inputs of
greater than 500,000 BTUs/hr but less than 1,000,000 BTUs/hr to burn used
oil shall comply with the following requirements:
1.
The used oil burner only burns used oil that meets the definition of
specification used oil contained in Rule 15.3;
2.
Prior to burning, the used oil burner has the used oil analyzed by a
laboratory, or obtains certified copies of analytical test results
conducted by a laboratory from the used oil generator, used oil
transporter, or used oil processor/re-refiner to verify that it meets the
definition of specification used oil;
3.
The used oil burner shall maintain records of analytical testing at the
facility where the burning activity occurs for a period of at least three
years and shall provide such records to the DEM upon request;
4.
The used oil burner may aggregate off-specification used oil generated
on-site with virgin oil or specification used oil for the purposes of
burning used oil on-site provided that the used oil burner first has the
mixture of used oil analyzed to ensure that it meets the definition of
specification used oil in accordance with this rule, but may not
aggregate for the purposes of producing specification used oil for off-
site shipment;
5.
The used oil burner, prior to burning any used oil, shall notify the
Department’s Office of Air Resources of his/her intent to burn
specification used oil in accordance with Rule 15 of the Hazardous
Waste Management Regulations. Used oil burners subject to the
requirements of Rule 15.3(C) shall obtain an EPA Identification
Number by submitting a completed EPA Form 8700-12 to the
Department.
D. Used oil burners that utilize used oil burning equipment with heat inputs of
greater than or equal to 1,000,000 BTUs/hr to burn used oil shall comply
with the following requirements:
1.
The used oil burner only burns used oil that meets the definition of
specification used oil contained in these regulations;
2.
Prior to burning the used oil burner has the used oil analyzed by a
laboratory, or obtains certified copies of analytical test results
conducted by a laboratory from the generator, transporter or processor,
to verify that it meets the definition of specification used oil;
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3.
The used oil burner shall maintain records of analytical testing at the
facility where the burning activity occurs for a period of at least three
years and shall provide such records to the Department upon request;
4.
The used oil burner may aggregate off-specification used oil generated
on-site with virgin oil or specification used oil for the purposes of
burning used oil on-site provided that the used oil burner first has the
mixture of used oil analyzed to ensure that it meets the definition of
specification used oil in accordance with this rule, but may not
aggregate for the purposes of producing specification used oil for off-
site shipment;
5.
The used oil burner shall obtain written approval for such activity from
the Department’s Office of Air Resources pursuant to its Air Pollution
Control Regulations prior to burning used oil. Used oil burners subject
to the requirements of Rule 15.3(D) shall obtain an EPA Identification
Number by submitting a completed EPA Form 8700-12 to the
Department.
E. Specification used oil shall meet the limits established in Table 2 below.
Used oil burners, used oil generators, used oil transporters, used oil
collection centers, used oil aggregation points, used oil processor/re-refiners
and used oil marketers shall conduct the analytical test methods listed in
Table 2 below in order to demonstrate that their used oil meets the definition
of specification used oil. Alternate test methods may be used provided the
person, prior to testing, documents in writing that the test method to be used
is approved by the EPA.
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Table 2
Constituent/
property
Allowable levels
(using Column C
test methods)
Test Methods
Arsenic
5 ppm maximum
EPA Methods
7060A, 7061A,
7062, 6010B or
6020
Cadmium
2 ppm maximum
EPA Methods 7130,
7131A, 6010B, or
6020
Chromium
10 ppm maximum
EPA Methods 7190,
7191, 6010B, or
6020
Lead
100 ppm
maximum
EPA Methods 7420,
7421, 6010B, or
6020
Polychlorinated
biphenyls
(PCBs)
<2 ppm
ASTM Method
608/8081
Flash Point
100 Degrees F
minimum
EPA Methods 1010
or 1020A
Total Halogens
1,000 ppm
maximum
(see Rule
15.3(E)(1))
EPA Methods 9075,
9076, 9077,
5050/9056,
5050/9253, or
ASTM Method
D808-95
1.
Used oil that contains greater than 1,000 ppm total halogens is
presumed to be a hazardous waste and is subject to the rebuttable
presumption set forth in Rule 15.1(B)(1). If the used oil burner
successfully demonstrates that the halogens contained in the used oil
are not listed in 40 CFR 261 Subpart D, then the allowable level of
total halogens will be a maximum of 4,000 ppm.
2.
Test Methods identified in Table 2 as EPA Methods shall mean the test
method as described in EPA Publication SW-846, “Test Methods for
Evaluating Solid Waste-Physical/Chemical Methods, Edition III”.
F. Used oil burners are subject to any applicable sections of the Oil Pollution
Control Regulations and the Regulations for Underground Storage
Facilities Used For Petroleum Products and Hazardous Materials and shall
also comply with all of the following storage and handling requirements:
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1.
Storage Units. Used oil burners shall not store used oil in units other
than tanks and containers.
2.
Condition of Storage Units. Containers and aboveground storage tanks
used to store used oil on-site shall be:
(a) In good condition and free of severe rusting, corrosion or structural
defects. In the event that a container or aboveground storage tank
has deteriorated to a point at which the container or tank threatens
to leak, the used oil burner shall transfer the used oil from the
failing storage unit to a container or above ground storage tank that
is in good condition;
(b) Liquid tight with no visible leaks.
3.
Secondary Containment for Containers and Aboveground Tanks.
Containers and aboveground tanks used to store used oil shall be
equipped with a secondary containment feature that at a minimum has
the following:
(a) An impervious floor or bottom covering the entire storage area; and
(b) Dikes, berms or walls capable of containing a spill or release; and
(c) A capacity equivalent to a minimum of 100% of the volume of used
oil stored at the facility; and
(d) The entire system shall be impervious to used oil to prevent a
release; or
(e) An equivalent containment system may be substituted if prior
approval is obtained from the Director.
4.
Storage in Underground Storage Tanks (USTs). Used oil burners that
store used oil in USTs shall do so in accordance with the Regulations
for Underground Storage Facilities Used For Petroleum Products and
Hazardous Materials.
5.
Exterior Storage. Used oil burners that store used oil in containers
and/or aboveground tanks outdoors shall either construct the storage
area with a means to prevent the accumulation of stormwater in the
secondary containment device; or obtain a Stormwater Permit from the
Department’s Office of Water Resources prior to the construction of
the storage area.
6.
Labeling. Containers and aboveground storage tanks used to store used
oil on-site shall be clearly and permanently marked with the words
“Used Oil”. Fill pipes for underground storage tanks used to store used
oil at a used oil burner’s facility shall be clearly marked with the words
“Used Oil”. Markings for USTs shall comply with the requirements of
the Rules and Regulations for Underground Storage Facilities Used
for Petroleum Products and Hazardous Materials.
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7.
Response to releases. Upon detection of a release of used oil a used oil
burner shall perform the following:
(a) Comply with the requirements of the Oil Pollution Control
Regulations, the Regulations for Underground Storage Facilities
Used For Petroleum Products and Hazardous Materials and all
other applicable Federal, State and Municipal Statutes, Rules and
Regulations relating to the release and handling of oil/pollutants;
(b) Take immediate steps to stop the release;
(c) Contain all of the released used oil;
(d) Clean up and properly manage the used oil and any other materials
that were contaminated with used oil;
(e) Repair or replace any leaking or damaged storage units; and
(f) Immediately notify the Department’s Emergency Response
Program (at 222-1360 or after hours at 222-3070), the local
authorities and, if required by 49 CFR 171.15, notify the National
Response Center (800-424-8802).
8.
Tracking. Used oil burners who receive used oil from off-site shall
keep a record of each shipment of used oil for a period of at least three
years. This record shall contain at least the following information:
(a) Name, address and EPA Identification number, if applicable, of the
used oil generator or used oil processor/re-refiner that generated
the used oil;
(b) The name, address and EPA Identification number of the used oil
transporter who delivered the used oil;
(c) Quantity of used oil received;
(d) Date of shipment or delivery;
(e) A cross-reference to the record of the used oil analysis or other
information used to make the determination that the used oil meets
the definition of specification used oil prior to burning.
G. Management of Residues. Used oil burners who generate residues from the
storage or burning of used oil shall manage the residues in compliance with
these Rules.
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15.4 Used Oil Generator Standards
Used oil generators are subject to the requirements of this Rule. Household used oil
generators are not subject to the requirements of this rule. Once household used oil is
accepted by a used oil collection center the used oil is subject to regulation under this Rule.
The owner or operator of vessels and the person removing or accepting used oil from the
vessel are co-generators of the used oil and both are responsible for managing the used oil
in compliance with this Rule once the used oil is transported ashore. The co-generators may
decide which of them will fulfill the requirements of this Rule. Used oil generators shall
store used oil on-site in containers, aboveground storage tanks or in underground storage
tanks only provided that they comply with the following requirements:
A. Container Storage. Used oil generators that store used oil in containers shall
do so in accordance with the following requirements:
1.
The amount of used oil stored on-site by a used oil generator shall not
exceed 1,320 gallons (equivalent to twenty-four 55 gallon drums)
unless the used oil generator:
(a) Prepares a contingency plan that satisfies all of the requirements of
Rule 5 and maintains the plan on-site for use in case of a fire spill
or emergency;
(b) Does not store the excess used oil (amount greater than 1,320
gallons) on-site for greater than 180 days; and
(c) Marks the containers holding the excess used oil with the initial
date upon which the excess used oil began accumulating.
2.
Containers holding used oil shall be in good condition and free of
rusting or structural defects that threaten the integrity of the container.
In the event that a container deteriorates and begins to leak the
generator shall transfer the used oil to a container that is in good
condition;
3.
Containers holding used oil shall be clearly marked with the words
“Used Oil”; and
4.
Containers of used oil that are stored outside the facility shall be placed
on an impervious surface under a roofed structure and protected from
precipitation and flooding.
5.
Containers shall be kept closed except when adding or removing used
oil.
B. Storage in Aboveground Storage Tanks (ASTs). Generators that store used
oil in ASTs shall do so in accordance with the following requirements:
1.
ASTs used by used oil generators to store used oil shall be registered
with the Department. AST’s shall follow the management standards
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outlined in Section 10 of the Department’s Oil Pollution Control
Regulations;
2.
Aboveground storage tanks holding used oil shall be permanently
marked with the words “Used Oil”; and
3.
Aboveground storage tanks holding used oil shall be kept closed at all
times, unless adding or removing used oil.
C. Storage in Underground Storage Tanks (USTs). Used oil generators that
store used oil in USTs shall do so in accordance with the following
requirements:
1.
Underground storage tanks used for storing used oil shall be registered
with the Department and managed in accordance with the Regulations
for Underground Storage Facilities Used For Petroleum Products and
Hazardous Materials; and
2.
Underground storage tanks holding used oil shall have the fill pipe
marked or labeled to clearly indicate used oil storage.
D. Response to Used Oil Releases. Used oil generators shall maintain an
adequate volume of spill control equipment on-site to contain and clean up
the entire volume of used oil stored on-site and upon detection of a release
of used oil shall:
1.
Take immediate steps to stop and control the release;
2.
Clean up, contain and properly manage the used oil and other resultant
wastes;
3.
Repair or replace all damaged or leaking containers or tanks prior to
returning them to service;
4.
Notify the Department’s Emergency Response Program (at 222-1360
or after hours at 222-3070); the local authorities and, if required by 49
CFR 171.15, notify the National Response Center (800-424-8802); and
5.
Comply with the requirements of the Oil Pollution Control
Regulations, Regulations for Underground Storage Facilities Used
For Petroleum Products and Hazardous Materials and all other
applicable Federal, State and Municipal Rules and Regulations relating
to the release and handling of spilled or released used oil.
E. Processing of Used Oil. Except as provided in rule (E) (1) through (5)
below; used oil generators that process or re-refine used oil are subject to the
requirements of Rule 15.8. Used oil generators may conduct the following
activities provided that the used oil is not sent off-site for burning as
specification used oil:
1.
Filtering, cleaning or otherwise reconditioning used oil before
returning it for reuse by the generator;
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2.
Separating used oil from wastewater generated on-site to make the
wastewater suitable for discharge in accordance with a permit issued
by a local Publicly Owned Treatment Works (POTWs), the
Department’s Water Quality Regulations and Section 307 or 402 of the
Clean Water Act;
3.
Using oil mist collectors to remove used oil from the in-plant air to
make the air in the plant suitable for continued recirculation;
4.
Draining or otherwise removing used oil from materials containing or
otherwise contaminated with used oil in order to remove the oil to the
extent practicable pursuant to Rule 15.1(D); and
5.
Filtering, separating or otherwise reconditioning used oil before
burning it on-site in a space heater in accordance with Rule 15.4 (F).
F. Burning of used oil on-site. Used oil generators may burn used oil on-site in
space heaters in accordance with the provisions of Rule 15.3.
G. Off-site shipments. Except as provided in rules (1) and (2) below, used oil
generators shall ensure that their used oil is shipped off-site by a used oil
transporter who is permitted by the Department in accordance with Rule
15.7 and Rule 6.
1.
Self-transportation. A used oil generator of used oil may transport used
oil generated on-site without complying with the transporter
requirements contained in Rule 15.7, provided that:
(a) The used oil is transported in a vehicle owned by the used oil
generator or a vehicle owned by an employee of the used oil
generator;
(b) Not more than 55 gallons of used oil is transported at any time;
(c) Containers used to transport used oil shall meet USDOT standards
and be USDOT approved; and
(d) The used oil is transported to an aggregation point as defined in
Rule 15.5.
2.
Tolling arrangements. Used oil generators may arrange for used oil to
be transported by a used oil transporter that does not have an EPA
identification number if the used oil is reclaimed under a contractual
agreement pursuant to which reclaimed oil is returned by the used oil
processor/re-refiner to the used oil generator for use as a lubricant,
cutting oil or coolant. The contract (known as a “tolling arrangement”)
shall indicate the following:
(a) The type of used oil and the frequency of shipments;
(b) That the vehicle used to transport the used oil to the processing/re-
refining facility and to deliver the recycled used oil back to the used
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oil generator is owned and operated by the used oil processor/re-
refiner; and
(c) That the reclaimed oil will be returned to the used oil generator.
3.
Tracking. Used oil generators shall keep a record of each used oil
shipment sent off-site for processing or burning for a period of at least
three years that shall include the following:
(a) The name and address of the used oil generator, used oil transporter
or used oil processor/re-refiner who provided the used oil for
transport;
(b) The EPA Identification Number (if applicable) of the used oil
generator, used oil transporter or used oil processor/re-refiner who
provided the used oil for transport;
(c) The quantity of used oil shipped;
(d) The date the used oil was received by the used oil transporter or
used oil processor/re-refiner; and
(e) The name and signature of an agent of the used oil generator, used
oil transporter or used oil processor/re-refiner that provided the
used oil for transport.
H. Service Companies. Companies that service oil-fired furnaces that heat
buildings may self-transport quantities of used oil not greater than 5 gallons
generated by their service activity back to their facility in accordance with
the following requirements:
1.
The used oil shall be placed in a closed container;
2.
The container shall be marked with the words “Used Oil”;
3.
The vehicle used for the transportation shall have adequate spill control
material in the vehicle at all times;
4.
The used oil shall be transferred to an appropriate storage container or
tank upon return to the company’s place of business;
5.
The company shall be considered to be the generator of the used oil
and shall manage the used oil in accordance with all of the applicable
requirements of Rule 15.
I.
The rebuttable presumption contained in Rule 15.1(B) applies to used oil
generated and managed by used oil generators.
15.5 Used Oil Aggregation Points:
A. Applicability. This rule applies to owners or operators of all used oil
aggregation points as defined in Rule 3.
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B. Used Oil Aggregation Point requirements. Used oil generators may
consolidate used oil from multiple facilities that are owned and operated by
their company at used oil aggregation points for storage purposes prior to
shipping off-site or burning on-site as defined under Rule 15.3 provided that
they comply with all of the used oil generator requirements contained in Rule
15.4.
C. Transportation. Owners and operators of used oil aggregation points may
transport used oil without a permit from the point of generation to used oil
aggregation points in shipments of not more than 55 gallons at one time in
accordance with the requirements of Rule 15.4 (G)(1).
15.6 Used Oil Collection Centers
A. Applicability. This rule applies to owners or operators of used oil collection
centers as defined in Rule 3.
B. Persons who own or operate a used oil collection center shall obtain an EPA
Identification Number and notify the Department of such activity and by
submitting a completed Notification of Regulated Waste Activity form (EPA
Form 8700-12).
C. Used Oil Collection Center requirements. Owners and operators of used oil
collection centers shall comply with all of the used oil generator
requirements contained in Rule 15.4.
D. Receiving Used Oil. Used oil collection centers may accept household used
oil only. Used oil collection centers that receive used oil that does not meet
the definition of a household used oil are considered used oil processor/re-
refining facilities and are subject to the requirements of Rule 15.8.
15.7 Used Oil Transporter and Temporary Storage Facility Standards
A. Applicability. This Rule shall apply to used oil transporters as defined in
Rule 3. Used oil transporters who import or export used oil are subject to
this Rule while the used oil is within the State of Rhode Island.
B. Exceptions. The following persons and activities are not subject to the
requirements of this Rule:
1.
On-site transportation of used oil by a used oil generator or the owner
or operator of the facility;
2.
Used oil generators who transport their used oil to aggregation points
that are owned and operated by the used oil generator in shipments of
not more than 55 gallons in accordance with the requirements of Rule
15.4(G)(1);
3.
Transportation of household used oil to a used oil collection center by
a household used oil generator.
C. Transporter Restriction.
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1.
Used oil transporters may not consolidate or aggregate loads of used
oil at their facility unless they comply with the requirements of Rule
15.7(H) and may not process or re-refine used oil unless they comply
with Rule 15.8;
2.
Transportation units used to transport hazardous waste shall be
properly decontaminated in accordance with Rule 6.10 before
transporting used oil; and
3.
Used oil transporters that direct a shipment of specification used oil to
a used oil burner or first claim that the used oil meets the requirements
for specification used oil shall be subject to the requirements of Rule
15.9.
D. Permit Requirements. Transporters of used oil shall:
1.
Obtain an EPA Identification Number by submitting to the Department
a completed Notification of Regulated Waste Activity form (EPA form
8700-12); and
2.
Obtain a permit to transport used oil in accordance with the
requirements of the Rule 6.2 and 6.3, unless the transporter already
posses a valid permit issued by the Department for the transportation
of hazardous waste. A separate permit to transport used oil is not
required if the transporter already has a permit issued by the DEM to
transport hazardous waste.
E. Liability Insurance. Used oil transporters shall maintain liability insurance,
including the hazardous material 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.
F. Used Oil Analysis. Prior to transporting used oil to a used oil burner or a
used oil processor/re-refiner facility or storing used oil at a used oil
temporary storage facility, the used oil transporter shall determine if the used
oil has a total halogen content of greater than 1,000 ppm. This determination
is made by testing the used oil or applying product knowledge of the
materials in use and the process that generated the used oil. In the event that
the used oil has a total halogen content greater than or equal to 1,000 ppm,
the used oil will be presumed to have been mixed with a halogenated
hazardous waste. In accordance with Rule 15.1(B) the transporter may rebut
this presumption. The rebuttable presumption does not apply to metal
working oils/fluids containing used oils contaminated with chlorinated
paraffins and chlorofluorocarbons that are managed in accordance with Rule
15.1(B). The used oil transporter shall maintain records of all analytical
testing or determinations made based on product knowledge for a period of
at least three (3) years. The used oil transporter may use analytical data or
written documentation demonstrating product knowledge obtained from the
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used oil generator when making a determination regarding the status of a
shipment of used oil.
G. Used Oil Transportation.
1.
A used oil transporter shall deliver shipments of used oil to only the
following:
(a) Another used oil transporter, provided that the transfer occurs at an
approved used oil temporary storage or permitted hazardous waste
treatment, storage and disposal facility and the other used oil
transporter has obtained a permit from the Department and an EPA
Identification Number;
(b) If handling household used oil, a used oil collection facility that
has obtained an EPA Identification Number;
(c) A used oil processing/re-refining facility that has obtained an EPA
Identification Number; or
(d) A used oil burner’s facility that has obtained an EPA Identification
Number.
2.
Used Oil Spills and Releases. In the event of a spill or release of used
oil the transporter shall:
(a) Take immediate steps to stop and contain the release;
(b) Immediately notify the Department’s Emergency Response
Program (at 222-1360 or after hours at 222-3070), the proper local
authorities, and if required by 49 CFR 171.15 and/or 49 CFR
403.12(f), notify the National Response Center (800-424-8802),
and for transporting over water give notice as required by 33 CFR
153.203;
(c) Provide a written report to the Department within ten (10) days of
the incident detailing the steps that were taken to remediate the
release and provide a written report to the USDOT, as required by
49 CFR 171.16; and
(d) Clean up and properly dispose of any used oil that was discharged
and any materials contaminated with the used oil.
(e) In emergency situations, removal of used oil and materials
contaminated with used oil may be conducted by a used oil
transporter that does not have an EPA Identification Number, if so
authorized by the Department.
3.
Tracking.
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(a) Used oil transporters shall keep a record of each used oil shipment
accepted for transport for a period of at least three years that shall
include the following:
(i) The name and address of the used oil generator, used oil
transporter or used oil processor/re-refiner who provided the
used oil for transport;
(ii) The EPA Identification Number (if applicable) of the used oil
generator, used oil transporter or used oil processor/re-refiner
who provided the used oil for transport;
(iii) The quantity of used oil accepted;
(iv) The date of acceptance; and
(v) The name and signature of an agent of the used oil generator,
used oil transporter or used oil re-refiner who provided the used
oil for transport.
(b) Deliveries. Used oil transporters shall keep a record of each
shipment of used oil that is delivered to another used oil
transporter, used oil processor/re-refiner, or used oil burner that
shall include:
(i) The name and address of the receiving facility or used oil
transporter;
(ii) The EPA Identification number of the receiving facility or
used oil transporter;
(iii) The quantity of used oil delivered;
(iv) The date of the delivery;
(v) The name and signature, dated upon receipt of the used oil, of
an agent of the receiving facility or used oil transporter.
(vi) All records generated by the transportation of used oil shall be
retained by the transporter for a period of at least three years.
H. Used Oil Temporary Storage Facilities. Used oil transporters may store used
oil at their facility for not more than thirty-five days prior to transporting it
to a regulated used oil facility provided that they first obtain written
authorization from the Director. This Rule shall not apply to used oil stored
on a permitted transportation unit for less than seventy-two hours prior to
off-site transportation, provided that the used oil is not transferred off the
transportation unit while in storage at the facility.
1.
Applicability. This Rule applies to used oil temporary storage facilities
where shipments of used oil are stored on-site for less than 35 days.
Used oil temporary storage facilities that store used oil for more than
35 days are subject to the requirements of Rule 15.8.
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2.
Authorization Requirements. All persons who shall construct,
substantially alter, operate or own a used oil temporary storage facility
shall first submit a complete application to the Office of Waste
Management and obtain a Letter of Authorization from the Director
prior to conducting any such activities on-site.
3.
Closure Plan and Financial Requirements. Owners or operators of used
oil temporary storage facilities shall develop a closure plan, complete
with a cost estimate for closing down their facility, and submit this plan
along with an application for Authorization as defined in Rule
15.7(H)(5) below. Owners or operators shall document their financial
ability to complete the closure plan equivalent to the cost estimate
contained within the closure plan. If the owner or operator fails to
satisfy these requirements the Director may deny their Application for
Authorization.
4.
Operating a used oil temporary storage facility without a Letter of
Authorization or a renewal of authorization is prohibited.
5.
Application Specifications. All applications for Authorization shall
contain at least the following information:
(a) The location of the facility, including the Assessor’s Plat and Lot
numbers;
(b) The name and address of the property owner and operator of the
Facility;
(c) A complete description of the used oil transfer and storage
operations at the facility;
(d) A site plan depicting the Facility’s floor plan, yard layout, drainage
system and storage location(s).
(e) A complete list of all pollution control and safety equipment to be
utilized or maintained on-site.
(f) A copy of the applicant’s liability insurance policy for the Facility;
and
(g) The facility’s closure cost estimate and financial assurance
mechanism.
6.
Application Fees. An application fee of six thousand dollars
($6,000.00) shall be submitted with each new application for a Letter
of Authorization to operate a used oil temporary storage facility.
7.
Authorization Period. Each Letter of Authorization shall be valid for a
period of not more than three (3) years from the date of issuance.
8.
Expiration of Authorization/Renewal of Authorization. At least ninety
(90) days before the end of the authorization period specified above,
the owner/operator may submit a renewal application in accordance
with the requirements of this Rule in order to renew its Authorization
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to operate a used oil temporary storage facility. This application shall
include all of the information required in Rule 15.7 (H) and a renewal
application review fee of three thousand ($3,000.00) dollars.
9.
Posting. Any Letter of Authorization issued hereunder shall be
maintained on the Facility and posted in a conspicuous location.
10. Change of Ownership or Location. Changes in ownership,
administration or location of used oil temporary storage facilities are
subject to the following requirements:
(a) The Director shall be notified in writing thirty days prior to a
change in ownership of the facility or legal entity operating the
facility or location or discontinuance of services;
(b) A Letter of Authorization shall immediately become void and shall
be returned to the Director upon change in location of any facility;
(c) A Letter of Authorization is voidable at the sole discretion of the
Department whenever there is any sale of the facility or change in
ownership of the property of the legal entity operating the facility.
A new entity, prior to the commencing of operation of the facility,
shall satisfy the Director of its ability to safely operate the facility,
as well as its financial ability to operate and close said facility. This
demonstration to the Director by the new entity shall include a
proposed date for the transfer of the Letter of Authorization,
liability insurance coverage and any other information that the
Director may request. After a review of this information, the
Director shall either approve or deny the transfer of the Letter of
Authorization;
(d) The original operator shall remain fully liable for the operation of
the facility under the terms of the Authorization Letter and
applicable regulations until the Director transfers the Authorization
to the new owner/operator.
11. The Director may revoke or suspend a Letter of Authorization in the
event that a determination is made by the Director that the facility is
not being operated in a manner that is consistent with these Regulations
or the Letter of Authorization.
12. Used oil temporary storage facilities shall comply with the applicable
sections of the used oil generator requirements contained in Rule
15.4(A), (B), (C) and (D).
13. Storage Units. Owners or operators of used oil temporary storage
facilities may not store used oil in units other than tanks and containers.
14. Condition of Storage Units. Containers and aboveground storage tanks
used to store used oil at used oil temporary storage facilities shall be:
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(a) In good condition and free of severe rusting, corrosion or structural
defects. In the event that a container deteriorates and begins to leak
the generator shall transfer the used oil to a container that is in good
condition;
(b) Liquid tight with no visible leaks;
(c) Kept closed except when adding or removing used oil.
15. Secondary Containment for Containers and Aboveground Storage
Tanks (ASTs). Containers and ASTs used to store used oil shall be
equipped with a secondary containment feature that at a minimum has
the following:
(a) An impervious floor or bottom covering the entire storage area; and
(b) Dikes, berms or walls capable of containing a spill or release; and
(c) A capacity equivalent to a minimum of 100% of the volume of used
oil stored in the containers at the facility; and
(d) The entire system shall be impervious to used oil to prevent a
release; or
(e) An equivalent containment system may be substituted if prior
approval is obtained from the Director.
16. Exterior Storage. Owners and operators of used oil temporary storage
facilities that store used oil in containers and/or aboveground tanks
outdoors shall either construct the storage area with a means to prevent
the accumulation of stormwater in the secondary containment device;
or obtain a Stormwater Permit from the Department’s Office of Water
Resources prior to the construction of the storage area.
17. Labeling. Containers and aboveground storage tanks used to store used
oil at used oil temporary storage facilities shall be clearly and
permanently marked with the words “Used Oil”. Fill pipes for
underground storage tanks used to store used oil at used oil temporary
storage facilities shall be clearly marked with the words “Used Oil”.
Markings for USTs shall comply with the requirements of the Rules
and Regulations for Underground Storage Facilities Used for
Petroleum Products and Hazardous Materials.
18. Response to releases. Upon detection of a release of used oil, the owner
or operator of a used oil temporary storage facility shall perform the
following:
(a) Take immediate steps to stop the release;
(b) Contain all of the released used oil;
(c) Clean up and properly manage the used oil and any other materials
that were contaminated with used oil;
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(d) Repair or replace any leaking or damaged storage units prior to
returning them to service; and
(e) Immediately notify the Department’s Emergency Response
Program (at 222-1360 or after hours at 222-3070), the local
authorities and, if required by 49 CFR 171.15, notify the National
Response Center (800-424-8802).
(f) Comply as applicable with the requirements of the Oil Pollution
Control Regulations, Rules and Regulations for Underground
Storage Facilities Used for Petroleum Products and Hazardous
Materials and all other applicable Federal, State and Municipal
Rules and Regulations relating to the release and handling of
spilled or released used oil.
19. Tracking.
Owners or operators of temporary storage facilities shall keep a
written log of each used oil shipment received for temporary storage
at the facility and of each off-site shipment of used oil from the
facility for a period of at least three years. The owner or operator
shall also reconcile the incoming and outgoing shipments of used oil
every thirty five (35) days on the written log in order to demonstrate
that used oil is not being stored for greater than the allowed thirty five
(35) day time period. The written logs shall be provided to the
Department upon request.
I.
Management of residues. Used oil transporters and temporary storage
facilities who generate residues from the storage or transportation of used
oil shall manage them in compliance with Rule 15.1(F).
15.8 Used Oil Processor and Re-Refiner Standards
A. Applicability. The requirements of this Rule apply to owners and operators
of facilities that process used oil as defined in Rule 3.
1.
The requirements of Rule 15.8 do not apply to:
(a) Incidental processing that occurs during transport (e.g., settling and
water separation);
(b) Used oil removed from electrical transformers or turbines and
filtered by the used oil transporter prior to being returned to its
original use;
(c) Used oil generators that conduct incidental processing in
accordance with Rule 15.4(E); or
(d) Used oil burners that conduct incidental processing operations
during the normal course of used oil management prior to burning
or that aggregate off-specification used oil with virgin or
specification used oil for the purposes of burning.
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2.
Used oil processors/re-refiners are subject to other applicable Rules as
follows:
(a) Processors/re-refiners who generate used oil shall comply with the
requirements of Rule 15.4;
(b) Processors/re-refiners who transport used oil shall also comply
with the requirements of Rule 15.7;
(c) Processors/re-refiners who burn used oil for energy recovery shall
also comply with the requirements of Rule 15.3;
(d) Processors/re-refiners who direct a shipment of used oil to a used
oil burner or first make the claim that used oil meets the
requirements of specification used oil shall also comply with the
requirements of Rule 15.9.
B. Permit Requirement. All persons who shall construct, substantially alter,
operate or own a used oil processing or re-refining facility shall first obtain
a permit from the Director prior to conducting any such activities. Operating
a used oil processor/re-refiner facility without a permit is prohibited.
C. Liability Insurance. Owners or operators of used oil processor/re-refiner
facilities shall maintain liability insurance sufficient to provide coverage of
$1,000,000.00 (one million dollars) per incident.
D. Closure Plan and Financial Requirements. Owners or operators of used oil
processor/re-refiner facilities shall submit to the Department’s Office of
Waste Management a closure plan, complete with a cost estimate for closure
and cleanup of the facility, along with an application for a permit as set forth
in Rule 15.8 herein. Owners or operators shall also include a financial
assurance mechanism demonstrating the financial ability of the applicant to
fund the closure cost estimate contained in the closure plan. If the owner or
operator fails to satisfy each of these requirements the Director may deny
their application for a permit.
E. Application Specifications. All applications for a permit shall specify the
following:
1.
The location of the facility including the Assessor’s Plat and Lot
numbers;
2.
The name and address of the owner and operator of the facility;
3.
A complete description of the operations at the facility subject to the
permit with specific statements of operational limitations and/or
capacity limitations;
4.
A complete description of the types of used oil that will be stored on-
site and the processing and or recycling activities that will be
conducted on-site;
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5.
A statement detailing any reporting or monitoring requirements that
the owner/operator will conduct to ensure that the facility will be
operated and maintained in compliance with these Regulations;
6.
A site plan depicting the Facility’s floor plan, yard layout, drainage
system and storage location(s);
7.
A complete list of all pollution control and safety equipment to be
utilized or maintained on-site; and
8.
A complete description of the applicant’s financial ability to safely
operate, and maintain the Facility.
F. Fees. The application fee for a permit shall be submitted with the application
and shall be ten thousand dollars ($10,000.00) for the issuance of a new
permit and five thousand dollars ($5,000.00) for the renewal of a permit.
G. Permit Posting. Any permit issued hereunder shall be posted in a
conspicuous location, maintained on-site at the subject facility and be made
available for review by the Department personnel upon request.
H. Issuance, Denial, Revocation or Suspension of Permits. The Director is
authorized by R.I.G.L. 23-19.1-10 to issue, deny, revoke, or suspend a
permit in accordance with these rules and regulations. The DEM shall
comply with the procedures set forth in Rule 7 for processing these
applications and shall substitute the words “used oil processing/re-refining
facility” for the words “hazardous waste management facility” as it is
referred to in Rule 7.
I.
Application Requirements. Applications submitted to the Department for the
construction or modification of a facility that processes or re-refines used oil
shall contain all of the applicable elements required in Rule 7.
J.
Duration and Renewal of Permits. Permits for used oil processing or re-
refining 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 of not more than
five (5) years. A new permit application is required at the end of the ten year
period and shall be submitted at least one hundred eighty (180) days prior to
the expiration of the existing permit. Permit renewal applications will be
processed in accordance with Rule 15.8 (H) and (I).
K. Notification. Used oil processors and re-refiners shall also notify the
Department of such activity and obtain an EPA Identification Number by
submitting to the Department a Notification of Regulated Waste Activity
Form (EPA Form 8700-12).
L. General Facility Standards. Owners and operators of facilities that process
or re-refine used oil shall comply with the following requirements:
1.
Facilities shall be maintained and operated to minimize the possibility
of a fire, explosion or any accidental release of used oil to air, soil,
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groundwater or surface water that could threaten human health or the
environment.
2.
All facilities shall be equipped with the following:
(a) An internal communication or alarm system capable of providing
immediate emergency instruction to facility personnel;
(b) Devices, such as a telephones or other devices located in
appropriate locations throughout the facility capable of
summoning emergency assistance from local fire departments,
police departments or the State Emergency Response team;
(c) Portable fire extinguishers or fire control equipment, spill control
equipment and decontamination equipment designed to control and
contain fires, spills or releases involving oil and related materials;
and
(d) Fire hoses and water of adequate volume and pressure or other fire
suppressant systems such as foam producing equipment or
automated sprinkler systems to provide for immediate response to
fires in the facility and to meet all local and State building code
requirements.
M. Testing and maintenance of all facility equipment, including but not limited
to, communication systems, alarm systems, fire control equipment, spill
control equipment and decontamination equipment shall be conducted at
least on an annual basis to ensure its proper operation at the time of an
emergency.
N. Personnel working in all areas of the facility where used oil is being poured,
mixed, spread or otherwise handled shall have immediate access to an
internal alarm or emergency communication device, either directly or
through visual or voice communication with another employee. In the event
that only one employee is working during a particular shift, the employee
shall have immediate access to an alarm or emergency communication
device that is capable of summoning emergency responders and any other
appropriate authority required to respond to an incident at the facility.
O. The owner or operator of a used oil processing/re-refining facility shall
provide no less than three (3) feet of aisle space within all storage areas at
the facility to allow for the unobstructed movement of emergency response
and fire department personnel and equipment.
P. The owner or operator of a used oil processing/re-refining facility shall make
the following arrangements with local and State authorities as appropriate
for the amount and type of used oil being managed on-site:
1.
Arrangements to familiarize the police, fire departments and
emergency response teams with the layout of the facility, properties of
used oil handled at the facility and associated hazards, places were used
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oil is processed or stored and evacuation routes to be used by facility
personnel.
2.
Where more than one fire or police department or other related
authority might respond, a designation of a primary emergency
authority should be made and an agreement reached with said
authorities to provide support to the primary emergency authority.
3.
Agreements with State Emergency Responders, emergency response
contractors and any other appropriate emergency equipment suppliers.
4.
Arrangements with local hospitals to familiarize them with the
properties of the used oil managed on-site and types of injuries or
illnesses that could result from fires, explosions, or releases at the
facility.
5.
If state or local officials decline to acknowledge or make such
arrangements the used oil processor/re-refiner shall document the
refusal in its operating record.
Q. Contingency Plan. Owners and operators of used oil processing/re-refining
facilities shall comply with the following requirements:
1.
Each owner or operator shall prepare and maintain a contingency plan
for the facility that is designed to minimize hazards to human health
and the environment from fires, explosions or any unplanned or sudden
releases of used oil to air, soil or surface water. The provisions of this
plan shall be carried out immediately in the event of a spill, release or
fire.
2.
The contingency plan shall describe the actions facility personnel will
undertake to comply with this rule in response to a fire, explosion, spill
or release of used oil at the facility and include the following:
(a) In the event that the facility has an existing Spill Prevention
Control and Countermeasures Plan or hazardous waste
contingency plan, the existing plan shall be amended to include the
used oil management requirements of this Rule;
(b) The plan shall describe the arrangements made with local and state
authorities in accordance with Rule 15.8 (P);
(c) The plan shall list names, addresses and phone numbers (office and
home) of all persons qualified to act as an emergency coordinator
for the facility, the list shall identify a primary emergency
coordinator and this list shall be kept current. Where more than one
person is listed, those other than the primary emergency
coordinator shall be listed in the order they will assume this role as
alternates;
(d) The plan shall list all emergency equipment located at the facility
including, but not limited to, fire control equipment/systems, spill
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control
equipment,
communication/alarm
systems
and
decontamination equipment. The list shall be kept current and the
plan shall include a sketch depicting the location and type of
equipment;
(e) The plan shall include an evacuation plan for facility personnel and
shall include a sketch of all evacuation routes and alternate
evacuation routes located at the facility. The plan shall also
describe the signal to be used to alert facility personnel to evacuate
the facility.
3.
The owner or operator of the facility shall maintain on-site a copy of
the contingency plan and all revisions to the plan and shall submit
copies of the current plan to local fire and police departments, hospitals
and State and local emergency response teams.
4.
The contingency plan shall be periodically reviewed and amended as
necessary to reflect the current facility conditions (e.g., facility layout
or equipment) including personnel changes, changes to the list of
emergency coordinators and when affected by changes to the Rules or
when the plan fails in an emergency.
5.
During all operating hours and non-operating hours there shall be one
employee on-site, or on call, that is a designated emergency response
coordinator. This emergency response coordinator shall be thoroughly
familiar with the facility’s contingency plan, all operations conducted
at the facility, the location and characteristics of all used oil handled at
the facility, the location of the required facility records and the facility
layout. In addition, the coordinator shall have the authority to commit
the resources necessary to carry out the contingency plan in the event
of an emergency.
6.
Whenever there is an imminent or actual emergency situation, the
emergency coordinator present on-site shall immediately:
(a) Activate the internal facility alarms or communication systems to
alert the facility’s personnel;
(b) Notify appropriate State or local agencies with designated response
roles;
(c) Identify the character, exact source, amount and aerial extent of the
release materials;
(d) Assess the hazards to human health and the environment that may
result from any release, fire or explosion. This assessment shall
include the immediate and potential affects of the incident to
impact humans and the local environment and the potential for
additional incidents like explosions;
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(e) Notify the Department Emergency Response Program and the
National Response Center (using the 24 hour toll free number 800-
424-8802) and report his/her findings. This report shall include:
(i) Name and telephone number of the reporter;
(ii) Name and address of the facility;
(iii) Time and type of the incident;
(iv) Name and quantity of the materials involved;
(v) Extent of the injuries resulting, if any; and
(vi) The possible hazards to human health and the environment.
(f) During the emergency the emergency coordinator shall take all
reasonable measures necessary to ensure that fires, explosions and
releases do not occur, reoccur or spread to other used oil or
hazardous waste stored at the facility. These measures shall
include, where applicable, stopping processes and operation,
containing and collecting released materials and moving or
isolating containers.
(g) In the event that facility operations shall be shut down due to a fire,
explosion or release the emergency response coordinator shall
monitor the equipment for a build-up of pressure, leaks, gas
generation, or related failure where appropriate.
(h) Immediately after the incident the emergency response coordinator
shall provide for clean up and recycling or disposal of all used oil,
waste or any other contaminated materials generated during the
incident and clean up. The coordinator shall ensure that all affected
areas of the facility have been adequately cleaned and all used oil
and waste removed before allowing facility personnel back into the
affected areas, and that any emergency equipment used during the
incident is cleaned and fit for intended use prior to resuming
operations.
(i) The facility owner or operator shall notify the Director and any
other appropriate State and local authority that all of the conditions
in paragraph (h) above have been satisfied prior to resuming
operations in the affected area.
(j) The owner or operator shall note in the operating record the time,
date and details of the incident that required the implementation of
the facility’s contingency plan. Within 15 days of the incident
he/she shall submit a written report of the incident to the Director
that includes the following:
(i) Name, address and telephone number of the owner or operator;
(ii) Name, address and telephone number of the facility;
(iii) Date, time and type of incident that occurred;
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(iv) Names and quantities of the materials involved;
(v) The extent of any injuries;
(vi) Assessment of actual or potential hazards to human health or
the environment resulting; and
(vii) Estimated quantity and disposition of the materials involved.
R. Used Oil Analysis. Prior to processing or otherwise managing used oil at a
used oil processing/re-refining facility, the owner or operator shall
determine the total halogen content of the used oil by having the used oil
tested by an analytical laboratory or by applying product knowledge of the
halogen content of the materials used and the process that generated the used
oil. In the event that the used oil has a total halogen content greater than or
equal to 1,000 ppm, the used oil will be presumed to have been mixed with
a hazardous waste. The owner or operator of the facility may rebut this
presumption in accordance with the procedures contained in Rule 15.1(B).
The owner or operator of a processing/re-refining facility shall maintain
records of all analytical testing or determinations made based on product
knowledge for a period of at least three (3) years.
S. Used Oil Analysis Plan. Owners or operators of used oil processing/re-
refining facilities shall develop and follow a written set of analytical
procedures to ensure compliance with Rule 15.8(R). The owner operator
shall keep the analysis plan current, maintain it at the facility and the plan
shall include the following:
1.
A statement indicating whether the determination of total halogen
content of the used oil will be made based on knowledge of halogen
content or sample analyses.
2.
If the owner or operator uses sample analyses for the determination of
total halogen content, the plan shall indicate the following:
(a) The analytical method used will be ASTM Method D808-95 or an
equivalent method approved by the EPA and contained in EPA
Publication SW-846, “Test Methods for Evaluating Solid Waste-
Physical/Chemical Methods, Edition III”;
(b) The sampling method used to obtain the representative sample,
acceptable sampling methods include those listed in 40 CFR 261
Appendix I or an equivalent method approved by the Director;
(c) The frequency of the sampling to be performed and an indication
as to whether the analysis will be performed on-site or off-site.
3.
If the owner or operator determines the total halogen content of the
used oil based only on knowledge of the halogen content, the plan shall
indicate the type and source of the information used in making this
determination.
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4.
If the total halogen content is determined to be greater than 1,000 ppm,
the plan shall indicate the analytical test methods or information used
to rebut the presumption of mixing hazardous waste and used oil.
5.
If specification used oil is received for burning on-site, the plan shall
describe the analytical and sampling methods used to determine that
the used oil meets the criteria established in Rule 15.3 and include the
information regarding the total halogen content required in Rule 15.8
(S) (1-3). The plan shall also indicate whether sampling and analysis
will occur before or after processing/re-refining.
T. Management of Used Oil. Used oil processor/re-refiners as defined in Rule
3 that store used oil on-site shall comply with the applicable sections of the
Regulations for Underground Storage Facilities Used For Petroleum
Products and Hazardous Materials, the Oil Pollution Control Regulations
and the following requirements:
1.
Storage Units. Owners or operators of used oil processing/re-refining
facilities may not store used oil in units other than tanks and containers
as defined in Rule 3.
2.
Condition of Storage Units. Containers and aboveground storage tanks
used to store used oil at processing/re-refining facilities shall be:
(a) In good condition and free of severe rusting, corrosion or structural
defects. In the event that a container deteriorates and begins to leak
the generator shall transfer the used oil to a container that is in good
condition;
(b) Liquid tight with no visible leaks;
(c) Kept closed except when adding or removing used oil.
3.
Secondary Containment for Containers and Above Ground Tanks
(ASTs). Containers and aboveground tanks used to store used oil shall
be equipped with a secondary containment feature that at a minimum
has the following:
(a) A floor or bottom that is impervious to used oil covering the entire
area; and
(b) Dikes, berms or retaining walls capable of containing a spill or
release of used oil; and
(c) A capacity equivalent to 100% of the volume of used oil stored in
the containers at the facility; and
(d) The entire system shall be impervious to used oil to prevent a
release; or
(e) An equivalent containment system that is approved by the Director.
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4.
Exterior Storage. Used oil processor/re-refiners that store used oil in
containers and/or aboveground tanks outdoors shall either construct
the storage area with a means to prevent the accumulation of
stormwater in the secondary containment device; or obtain a
Stormwater Permit from the Department’s Office of Water Resources
prior to the construction of the storage area.
5.
Labeling. Containers and aboveground storage tanks used to store or
process used oil at used oil processing/re-refining facilities shall be
clearly and permanently marked with the words “Used Oil”. Fill pipes
for underground storage tanks used to store used oil at used oil
processing/re-refining facilities shall be clearly marked with the words
“Used Oil”. Markings for USTs shall comply with the requirements of
the Rules and Regulations for Underground Storage Facilities Used
for Petroleum Products and Hazardous Materials.
6.
Response to releases. Upon detection of a release of used oil, the owner
or operator of a used oil processing/re-refining facility shall perform
the following:
(a) Take immediate steps to stop the release;
(b) Contain all of the released used oil;
(c) Clean up and properly manage the used oil and any other materials
that were contaminated with used oil;
(d) Repair or replace any leaking or damaged used oil storage units
prior to returning them to service; and
(e) Immediately notify the Department’s Emergency Response
Program (at 222-1360 or after hours at 222-3070), the local
authorities and if required by 49 CFR 171.15 notify the National
Response Center (800-424-8802).
(f) Comply with the requirements of the Oil Pollution Control
Regulations, Rules and Regulations for Underground Storage
Facilities Used for Petroleum Products and Hazardous Materials
and all other applicable Federal, State and Municipal Rules and
Regulations relating to the release and handling of spilled or
released used oil.
U. Closure and Post Closure. The owner or operator shall close the facility in
accordance with the closure plan approved by the Director, in compliance
with all of the requirements of the Approval Letter issued by the Department
and in a manner equivalent to that required by 40 CFR 264 Subpart G.
V. Financial Requirements. The owner or operator shall meet the financial
requirements contained in 40 CFR 264 Subpart H as well as the requirements
set forth in Rule 7 of these rules and regulations. Owner or operators
choosing the trust fund option described in 40 CFR 264.143(a) shall, for new
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facilities deposit the full amount of the closure cost estimate when the trust
fund is established.
W. Tracking.
1.
Used oil processors/re-refiners shall keep a record of each used oil
shipment accepted for processing/re-refining that shall include the
following:
(a) The name, address and EPA Identification Number of the used oil
transporter who delivered the used oil to the used oil processor/re-
refiner;
(b) The name, address and EPA Identification Number (if applicable)
of the used oil generator or processor/re-refiner from whom the
used oil was sent for processing or re-refining;
(c) The quantity of used oil accepted;
(d) The date of acceptance;
(e) The name and signature of an agent of the processor/re-refiner who
received the used oil.
2.
Deliveries. Used oil processors/re-refiners shall keep a record of each
shipment of used oil that is shipped off-site to another used oil
processor/re-refiner, used oil burning facility that shall include:
(a) The name, address and EPA Identification Number of the used oil
transporter who delivers the used oil to the used oil processor/re-
refiner, or used oil burning facility;
(b) The EPA Identification number, name and address of the receiving
used oil processor/re-refiner, used oil burning facility;
(c) The quantity of used oil delivered;
(d) The date the shipment was transported off-site;
(e) The name and signature of an agent of the receiving facility or used
oil transporter.
3.
The used oil processor/re-refiner shall retain for a period of at least
three years all records generated by the acceptance and delivery of used
oil to and from its facility.
X. Operating Record and Reporting.
1.
The owner or operator shall keep a written record at the facility that
contains the following information as it becomes available and
maintained until the closure of the facility:
(a) Records and results of used oil analyses performed as described in
rules 15.8(R) & (S); and
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(b) Summary reports and details of all incidents that require
implementations of the facility’s contingency plan.
2.
A used oil processor/re-refiner shall report to the Department on a
biennial basis (by March 1 of each even numbered year), the following
information regarding the previous year’s used oil activities:
(a) The EPA Identification Number, name and address of the used oil
processor/re-refiner;
(b) The calendar year covered by the report; and
(c) The quantities of used oil accepted for processing/re-refining and
the manner in which the used oil is processed/re-refined, including
the specific process employed.
Y. Off-site shipment. Used oil processors/re-refiners who initiate shipments of
used oil off-site shall ship the used oil using a Rhode Island permitted used
oil transporter who has an EPA Identification Number.
Z. Management of Residues. Used oil processors/re-refiners who generate
residues from the storage, processing or re-refining of used oil shall manage
the residues in compliance with Rule 15.1(F).
15.9 Used Oil Marketer Standards
A. Applicability. The requirements of this Rule apply to any person that meets
the definition of a used oil marketer contained in Rule 3.
B. This Rule does not apply to the following persons:
1.
Used oil generators or used oil transporters who direct shipments of
used oil to used oil processors/re-refiners that burn used oil
incidentally as part of the processing of the used oil.
2.
Persons who direct shipments of used oil to used oil burners that are
not the first person to claim the used oil meets the requirements of
Table 2 in Rule 15.3.
C. Specification Used Oil. Prior to initiating a shipment of used oil from a used
oil generator to a used oil burner the used oil marketer shall comply with the
following:
1.
Prior to shipping the used oil marketer has the used oil analyzed by a
laboratory, or obtains certified copies of analytical test results
conducted by a laboratory from the generator or transporter, to verify
that the used oil meets the definition of specification used oil. Used
oil marketers may use process and product knowledge to verify that
used oil meets the requirements of specification used oil if such
knowledge is documented by the used oil generator or used oil
transporter.
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2.
The used oil marketer shall maintain all records of analytical testing or
documentation of knowledge of the used oil from the date the shipment
occurs for a period of at least three years and shall provide such records
to the Department upon request.
D. Any person subject to the requirements of this Rule shall also comply with
the applicable Rules listed below depending on their activities:
1.
Rule 15.3, if their activity involves the burning of used oil;
2.
Rule 15.4; if their activity involves the generation of used oil;
3.
Rule 15.5; if their activity involves the aggregation of used oil;
4.
Rule 15.6; if their activity involves the collection of used oil;
5.
Rule 15.7; if their activity involves the transportation of used oil;
6.
Rule 15.8; if their activity involves the processing or re/refining of
used oil, or involves the aggregation of or collection of used oil beyond
what is allowed under Rules 15.5 and 15.6.
E. Tracking.
1.
Used oil marketers shall keep a record of each used oil shipment
received for transport for a period of at least three years that shall
include the following:
(a) The name and address of the used oil generator, used oil transporter
or used oil processor/re-refiner who provided the used oil for
transport;
(b) The EPA Identification Number (if applicable) of the used oil
generator, used oil transporter or used oil processor/re-refiner who
provided the used oil for transport;
(c) The quantity of used oil accepted;
(d) The date of acceptance; and
(e) The name and signature of an agent of the used oil generator, used
oil transporter or used oil processor/re-refiner that provided the used
oil for transport.
2.
Deliveries. Used oil marketers shall keep a record of each shipment of
used oil that is delivered to another used oil transporter, processor/re-
refiner, or used oil burner that shall include:
(a) The name and address of the receiving facility or used oil
transporter;
(b) The EPA Identification number of the receiving facility or used oil
transporter;
(c) The quantity of used oil delivered;
(d) The date of the delivery;
(e) The name and signature, dated upon receipt of the used oil, of an
agent of the receiving facility or used oil transporter.
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F. Record Keeping. All records generated by the transportation of used oil shall
be retained by the used oil marketer for a period of at least three years.
G. Notification. Used oil marketers shall obtain an EPA Identification Number
by submitting to the Department a Notification of Regulated Waste Activity
form (EPA form 8700-12)
16
CORRECTIVE ACTION
16.1 Applicability:
A. For a facility owner or operator seeking a new permit or a renewal permit
(including a post closure permit) for the treatment, storage, or disposal of
hazardous waste, the corrective action provisions of 40 CFR 264.101(a)-(c)
are incorporated by reference. These provisions in 40 CFR 264.101 do not
apply to a remediation waste management site unless it is part of a facility
subject to a permit for treating, storing, or disposing of hazardous wastes
that are not remediation wastes.
B. Additional requirements to address releases from certain types of solid
waste management units, including regulated units (as defined in 40 CFR
264.90(a)(2)) and miscellaneous units, are provided in 40 CFR 264.90-
.100, that are incorporated by reference.
C. Pursuant to State law, The Department’s “Rules and Regulations for the
Investigation and Remediation of Hazardous Material Releases” applies to
remediation waste management sites, including, but not limited to,
facilities and solid waste management units subject to the additional
requirements of Rule 16.1 A and B. The Department has the authority to
require additional remediation measures on a case by case basis, when
necessary to protect human health and the environment, in accordance with
40 CFR 270.32.
16.2 Permitting Options: A facility owner or operator that is required by the
Department to obtain a permit to treat, store, or dispose of remediation waste
that is hazardous shall comply with Rule 7 permitting requirements or shall
seek a Remedial Action Plan permit (“RAP”). 40 CFR 270 Subpart H is
incorporated by reference except as follows:
A. In 270.80(a), replace “§§ 270.3 through 270.66” with “Rule 7”
B. In 270.85(a)(1), replace §§ 270.3 through 270.66” with “Rule 7”.
C. In 270.140 and 270.150, replace “issuing Regional Office” with
“Department”.
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D. In 270.155, replace the “EPA’s Environmental Appeals Board”, “the
Environmental Appeals Board”, and “the Board” with “the Department’s
Administrative Adjudication Division”.
E. In 270.155, add “(c) All appeals shall be in writing and shall be filed with
the clerk of the Administrative Adjudication Division within thirty (30)
calendar days of the Director’s decision to approve or deny the RAP. All
appeals shall be heard before Division of Administrative Adjudication
hearing officers.”
F. In 270.190, replace “EPA’s Environmental Appeals Board” and “the
Environmental Appeals Board” with “the Department’s Administrative
Adjudication Division”.
G. In 270.190 add “(c)(4) The letter from the appealing person shall be filed
with the clerk of the Department’s Administrative Adjudication Division
within thirty (30) calendar days of the Director’s issuance of the decision.”
H. Delete 270.215(c) and (d).
I.
In 270.230(e), before the colon add “(provided the alternate locations are
not at facilities subject to permits for treating, storing, or disposing of
hazardous wastes that are not remediation wastes.)”
16.3 Management of Remediation Waste:
A. The owner or operator of a remediation waste management site may seek
to employ one or more of the following types of management units for
increased flexibility in performing remediation:
1.
Corrective Action Management Units (CAMUs) as defined in 40
CFR 270.2 for treatment, storage, and/or disposal of remediation
waste;
2.
Temporary Units (TUs) for treatment and/or storage of remediation
waste under 40 CFR 264.553;
3.
Staging Piles for storage of remediation waste.
B. These management units are defined in and subject to the provisions and
conditions of 40 CFR 264.550-.554, that are incorporated by reference.
C. The owner or operator of a remediation waste management site may
choose to treat remediation waste and then dispose of it in a permitted
hazardous waste landfill, provided the waste is at least treated and disposed
of according to the provisions and conditions of 40 CFR 264.555, that is
incorporated by reference.
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17
APPEALS AND PENALTIES
17.1 Enforcement Action Appeals: All requests for an adjudicatory hearing
shall be in writing and shall be filed with the clerk of the Administrative
Adjudication Division within twenty (20) days of receipt of the contested
enforcement action.
17.2 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 (2001 Reenactment) of the General Laws of Rhode Island,
1956, as amended.
17.3 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, (2001 Reenactment) of the General Laws of Rhode Island,
1956, as amended.
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 September, 2016,
, 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.
_______________________________
Janet Coit, Director
Department of Environmental Management
Notice given on:
May 17, 2016
Public Hearing held on:
June 21, 2016
Filing Date:
________________2016
Effective Date:
________________2016
Hwdemowm-hw14-01.doc
APPENDIX I – Sample Manifest Form (EPA Form 8700-22)
Appendix II: Sample Manifest Continuation Sheet (EPA Form 8700-22a)