Informational Workshop 

Regarding 

Amendments to Hazardous 

Waste Regulations

Mark M. Dennen, Christopher Shafer

RIDEM/ Office of Waste Management
Purpose of Ammendments

 To comply with 2012 Paint Statute

– Requires DEM to modify rules to allow Paint Collection 

Centers

 To consider providing environmentally 

responsible regulatory relief to small businesses 

as part of Reg Flex review process

 To update state rules relative to new federal 

regulations

 To make regulations easier to read and follow
Explanation of Process

 Issuance of Public Notice 11/15/2013

 Informal Workshop 12/9/2013 10:00

– Brief presentation on changes

– Opportunity for informal discussion

– Informal Discussions can continue after hearing

 Formal Hearing (with transcription) 11:00

– All comments will be recorded by stenographer

– Department must formally respond in writing

– Department may not answer questions during hearing

 Close of Public Comment Period 12/16/2013

 DEM’s goal to have written response and final 

regulations filed in January 2014
Significant Changes

 Incorporation of specific Federal Rules no 

longer in separate section

 Extensive Revision of Generators Rules

 Addition of New Categories of Facilities
Tiered Generator Status

 2010 rules regulate all generators as Large 

Quantity.

 2013 Draft contains recognition of Federal 

Generator Status

– Large Quantity Generator (LQG) >2200 lb/month

– Small Quantity Generator (SQG) > 220 lb/month

– Conditionally Exempt Small Quantity Generator 

(CESQG) <220 lb/month

 Based on Federal Definitions for quantity

 State only hazardous waste counts in 

calculations
LQG

 Most of current generator requirements 

retained

 Includes Household Hazardous Waste 

Facilities as well as Community Collection 

and Paint Collection Centers
SQG

 Allowed 180 days storage (not 90)

 Do not have to submit Contingency Plan 

to DEM

 Does not need to submit biennial report

 Some restrictions on quantity and types of 

storage vs. LQG
CESQG

 May store waste for 365 days

 May self transport waste

 May dispose of waste at Community 

Collection Centers or Paint Collection 

Centers

 Same relief from Contingency Plan and 

Biennial Report as SQG
CESQG federal exemptions not 

recognized

 May not dispose of Hazardous Waste in a 

Solid Waste Landfill

 Must use manifest exempt for waste 

dropped off at Community Collection 

Center or Paint Collection Center 

 Must obtain USEPA ID number from DEM
Paint Collection Centers

 Required by RIGL 23-24.12

 Paint Collection Centers

– Mostly Hardware stores

– Collect paint from CESQG and Households at 

no cost

– Collect latex and oil based paint

– Ship waste to treatment facility on BOL

– Classified as LQG

 No fee but need EPA Id Number
Community Collection Center

 Household Hazardous Waste Facilities do 

not need this permit

 Meant for collection of other hazardous 

wastes from homeowners as well as 

CESQG’s

 $2,000 permit fee

 Also considered LQG
Additional Changes

 Deletion of Certain Rhode Island Hazardous 

Waste (R Codes)

 Slightly toxic waste LD50 < 5000 mg/kg

 Slightly flammable flash point <140 > 200

 Slightly reactive

 Added waste chemotherapy agents

 Mercury containing waste unless treated as 

universal waste

 Exempt Household Hazardous Waste 

Pharmaceutical to encourage Police Dept. 

collection 
Recent Federal Rules 

not Adopted or Restricted

 Exclusion for Hazardous Secondary 

Materials in 40 CFR 261.2 

– DSW rule not adopted

 Lab Sinks Rule (40 CFR 262 Subpart K)

– Not adopted

 Circuit board exclusion of 261.4(a)(14)

– Separate permitting process for circuit board 

shredding
Other Federal Rules restricted

 Disposal of solvent contaminated wipes 

proposed by USEPA as 40 CFR 

261.4(b)(18) not adopted although 

exemption for laundered wipes is adopted

 Manufactured gas plant waste exemption 

in 40 CFR 261.24(a) applies only to 

remediation waste

 Household hazardous waste collection 

regulated as hazardous after collection
Exempt Treatment by Generators 

spelled out in generator rules (as 

opposed to Facilities)

 Treatment in Totally enclosed units

 Treatment in Tanks and Containers

 Evaporator Units 

– Must obtain non-discharge permit

– Must not release to air

– Evaporators specifically defined to concentrate waste

 Emergency treatment is specifically spelled out 

in the generator section 

 Wastewater treatment units

– May not treat concentrated waste; only for 

wastewaters
Circuit Board Recycling Operations

 Previous rule did not allow this

 Must obtain Permit

 $10,000 new permit, $5,000 renewal 

every 5 years

 Must demonstrate:

– protection of workers, 

– financial assurance, 

– tracking, 

– training
Questions?

Concerns?

 Hearing will commence at 11:00

 Staff will stay after hearing for continued 

discussion