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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 

Short Title: “Hazardous Waste Regulations” 

Regulation #DEM OWM-HW10-01 

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 

1.0 FINDINGS AND POLICY............................................................................................... 3

2.0 ORGANIZATION AND METHOD OF OPERATIONS ............................................. 4

3.0 DEFINITIONS.................................................................................................................. 8

4.0 VARIANCES................................................................................................................... 26

5.0 GENERATORS .............................................................................................................. 28

6.0 TRANSPORTERS.......................................................................................................... 34

7.0 ISSUANCE, RENEWAL AND CONDITIONS OF FACILITY PERMITS............. 47

8.0 OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE AND 

DISPOSAL FACILITIES .............................................................................................. 67

9.0-12.0 RESERVED ................................................................................................................ 75

13.0 UNIVERSAL WASTE ................................................................................................... 75

14.0 MIXED WASTE ............................................................................................................. 86

15.0 USED OIL MANAGEMENT STANDARDS............................................................... 86

16.0 CORRECTIVE ACTION ............................................................................................ 118

17.0 APPEALS AND PENALTIES..................................................................................... 120

APPENDIX 1 - ACUTE ORAL LD50 (RATS) ....................................................................... 121

APPENDIX II - OSHA INDUSTRIAL CHEMICALS WITH SERIOUS CUMULATIVE 

EFFECTS ...................................................................................................................... 122

APPENDIX III – SAMPLE MANIFEST FORM (EPA FORM 8700-22)........................... 124
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

RULES AND REGULATIONS FOR HAZARDOUS WASTE MANAGEMENT 

1.0 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, 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. 

2.0 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. 

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 – 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 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 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, 
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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 3.0 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 performance track member facility, cathode ray tube, 

CRT collector, CRT glass manufacturer and CRT processing. 

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 which 

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 which began operation after 

November 19, 1980.” 

7. In 260.10 in “Designated Facility” definition replace “§262.20” with “§262.20, 

excluding 262.20(e)”. 

8. In 261.2(a)(1), replace the words “that is not excluded by 261.4(a)” with the words 

“that is not excluded by 261.4(a), except that the scrap metal exclusion of 

261.4(a)(13) and the 261.4(a)(14) exclusion do not apply to circuit boards that are 

components of those electronic devices as defined by the term “used electronic device” 

in Rule 3.0 .” 

9. Add to 261.4(a)(13), “This scrap metal exclusion does not apply to circuit boards that 

are components of those electronic devices as defined by the term “used electronic 

device” in Rule 3.0.” 

10. For 261.4(a)(14) add “(iii) the circuit boards are not components of those electronic 

devices as defined by the term “used electronic device” in Rule 3.0.” 

11. Add at the end of 261.4(b)(1): “The provisions of the household hazardous waste 

exemption apply, but are limited by Rules 5.0 and 13.5(E) of these Rules and 

Regulations. 

12. Delete 261.4(b)(7)(ii)(F), and 261.4(b)(10). 

13. In 40 CFR 261.4(e)(3)(iii), delete "in the Region where the sample is collected". 

14. Delete 261.5 except as provided in Rule 5.2(B), 5.2(C), 5.5, 5.6, and 13.5 (E). 

15. Add to 261.6(a)(3)(ii) the following sentence: “The scrap metal exclusion of 

261.4(a)(13) does not apply to circuit boards that are components of those 

electronic devices as defined by the term “used electronic device” in Rule 3.0 ; 

instead they are regulated as a universal waste in Rhode Island.” 
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16. 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. 

17. In 261.9, add the following: 

“(e) Used electronics as described in Rule 13.2 of these regulations; 

 (f) Silver-containing photo fixing solutions as described in Rule 13.3 of these 

 regulations.” 

18. 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”. 

D. 40 CFR Part 262 is incorporated by reference in its entirety except as provided below and 

in Rule 5 “Generators” and as otherwise noted in these regulations: 

1. Delete 262.10(f) 

2. The small quantity generator provisions of 40 CFR 262.20(e), 40 CFR 262.34(d) – 

(f), 40 CFR 262.42(b), and 40 CFR 262.44 do not apply, except for provisions of 

Rule 5.2(B) and (C) or as provided in Rules 5.5 , 5.6, and 13.5(E). 

3. Since Rhode Island does not recognize the federal exemptions for small quantity 

generators and conditionally exempt small quantity generators, replace 40 CFR 

262.27 with the following: 

 “Waste Minimum Certification

 Any generator who initiates a shipment of hazardous waste, when signing the 

certification statement in Item 15 of the Uniform Hazardous Waste Manifest, must 

and will be certifying to the following: 

“I have a program in place to reduce the volume and toxicity of waste generated to 

the degree I have determined to be economically practical and I have selected the 

practicable method of treatment, storage, and disposal currently available to me 

which minimizes the present and future threat to human health and the 

environment.” 

4. In 40 CFR 262.42(a)(2), delete "for the Region in which the generator is located". 

5. Delete 262.70 

 

E. 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)”. 
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 2. Delete 263.20(h). 

 F. 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. 

G. 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 

must 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 must 

be submitted to and maintained with the State Agency regulating hazardous waste or 

with the appropriate Regional Administrator if the facility is located in an 

unauthorized State.". 

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 which 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. 

H. 40 CFR Part 266 (except for subpart H) is incorporated by reference in its entirety except 

as otherwise noted in these regulations. 

I. 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. 

J. 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. 

K. 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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3.0 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. Relative to the definitions, "Existing 

tank system or existing component" and "New tank system or new tank component", in 40 

CFR 260.10, the reference to "July 14, 1986", relative to the commencement of tank 

installation, applies only to a tank system owned or operated by a small quantity generator or

any tank system (aboveground, onground, inground, or underground) that cannot be entered 

for inspection. Relative to a tank system (aboveground, onground, inground, or underground) 

that is not owned or operated by a small quantity generator and which can be entered for 

inspection, substitute "December 1, 1992" wherever "July 14, 1986" appears in these two 

definitions in 40 CFR 260.10. 

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 which is 

being used or has been used in the past to unload, treat, store or dispose of hazardous waste, 

but does not include the closed portion. 

 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 which are incorporated 

by reference, shall mean the Director of the Department of Environmental Management, or 

his/her designee, except as follows: 

A. Use of the word "Administrator" or "Regional Administrator" (or "Assistant 

Administrator" or "Assistant Administrator for Solid Waste and Emergency 

Response" or "EPA Administrator") in any section of the Code of Federal 

Regulations that can not be delegated from EPA to any state, including Rhode Island 

and which include the following 40 CFR sections: 262, Subpart E and 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 
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other section of 40 CFR not adopted by reference or not delegable to the State of 

Rhode Island. 

C. In A and B above, where "Administrator" or "Regional Administrator" do not mean 

the Director of the Department of Environmental Management, or his/her designee, 

“Administrator” shall mean the Administrator of the Environmental Protection 

Agency, or his/her designee, and “Regional Administrator” shall mean the Regional 

Administrator for the EPA region in which the facility is located, or his/her designee. 

 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. 

Cathode Ray Tube (CRT) shall mean an electron tube or evacuated glass container, having a 

cathode or negative electrode at one end, and a device typically called an electron gun that 

projects a beam of electrons against a luminescent screen at the opposite end of the tube. A 

bright spot of light appears wherever the electrons strike the screen. Cathode ray tubes, or 

CRTs, are used as picture tubes in television receivers, visual display screens in radarreceiving equipment, computer installations, and oscilloscopes. 

 Closed portion shall mean that portion of a facility which an owner or operator has closed in 

accordance with the approved facility closure plan and all applicable closure requirements. 

 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 water system shall mean a system for the provision to the public of piped water 

for human consumption which serves at least 15 service connections used by year-round 

residents or regularly serves at least 25 year-round residents. 

 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. 
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 Contingency plan shall mean a document setting out an organized, planned and coordinated 

course of action to be followed in case of a fire, explosion or release of hazardous waste or 

hazardous waste constituents which would threaten human health or the environment. 

 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. 

 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 
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which are incorporated by reference, shall mean the “Department’ or the “Department of 

Environmental Management, except as follows: 

A. References to "EPA Identification numbers", "EPA hazardous waste numbers", "EPA 

test methods", "EPA publications", "EPA form(s)", "EPA Guidance", or "EPA 

Acknowledgement of Consent". 

B. Use of "EPA" (or "United States Environmental Protection Agency" or "U.S. 

Environmental Protection Agency" or "Agency"), 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). 

C. Use of "EPA" (or "United States Environmental Protection Agency" or "U.S. 

Environmental Protection Agency" or "Agency") in any section of the Code of 

Federal Regulations which cannot be delegated to any state, including Rhode Island 

and which include the following 40 CFR sections: 262, Subpart 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. 

D. Use of EPA with respect to manifest registry functions under 262.21 and with respect 

to export requirement in 263.20(a) and (g). 

E. Usage in the term "EPA region" in 40 CFR 260. 

F. References to “EPA Director of the Office of Solid Waste” in 40 CFR 262.21. 

G. 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. 

 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. 
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 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. 

 Hazardous waste shall mean any waste or combination of wastes of a solid, liquid, contained 

gaseous, or semi-solid form which, because of its quantity, concentration, or physical or 

chemical characteristics, may cause or significantly contribute to an increase in mortality or an 

increase in serious irreversible or incapacitating reversible illness; or pose a substantial present 

or potential hazard to human health or the environment. 

Such wastes include, but are not limited to, those which are toxic, corrosive, flammable, or 

reactive; and which are listed as "Rhode Island Wastes" in Rule 3.0 of these regulations. 

Hazardous waste shall also mean any hazardous waste as defined in 40 CFR 261.3 or is 

subject to regulation under 40 CFR 261.7 and 261.33. Where the phrase solid waste appears in 

the Code of Federal Regulations, the word waste may be substituted. The small quantity 

generator provisions of 40 CFR 261.5 do not apply in Rhode Island, except for the provisions 

of Rule 5.2 (B) and (C) or as provided in Rules 5.5, 5.6, and 13.5(E). The provisions of the 

household waste exemption contained within 40 CFR 261.4 (b) (1) do apply in Rhode Island, 

except as limited by Rule 5.0 of these regulations and except as provided in Rule13.5(E). 

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. 

The publications listed in 40 CFR 260.11 are incorporated by reference. 

 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 at which such 

activities occur and where waste has been generated. 
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 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. Facilities 

which accept household hazardous waste only, pursuant to Rule 5.0 of these regulations, are 

not deemed to be hazardous waste treatment or storage facilities. 

 Household hazardous waste shall mean waste which has been segregated from household 

waste as defined in 40 CFR 261.4(b)(1) and which would otherwise meet any of the 

definitions of a hazardous waste. This definition does not include hazardous wastes generated 

in households as part of a business, nor shall this definition extend to wastes from hotels and 

motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use 

recreation areas, except for those wastes ordinarily left behind by guests or other users of these 

institutions. 

 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 which is unsuitable for: 

A. Placement in a particular device or facility because it may cause corrosion or decay of 

containment materials; or 

B. Commingling with another waste or material under controlled conditions because the 

commingling might produce heat or pressure, fire or explosion, violent reaction, toxic 

dusts, mists, fumes or gases or flammable fumes or gases. 

 Industrial furnace shall mean any device listed as such in 40 CFR 260.10 or other devices 

which the Director may, after notice and comment, add to the list based on one or more of the 

factors specified in part 13 of that definition. 

 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. 
14

 In operation shall mean a facility which is treating, storing or disposing of hazardous waste. 

 Land disposal facilities shall mean surface impoundments, waste piles, land treatment 

facilities and landfills. 

 Landfill shall mean a disposal facility or part of a facility where hazardous waste is placed in 

or on land and which is not a land treatment facility, a surface impoundment, an injection well, 

a waste pile, or a corrective action management unit. 

Land treatment facility shall mean a facility or part of a facility at which hazardous waste is 

applied onto or incorporated into the soil surface; such facilities are disposal facilities if the 

waste will remain after closure. 

Large Quantity Handler of Universal Waste shall mean a universal waste handler (as defined 

in this section) who accumulates 20,000 kilograms or more total of 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 silvercontaining 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 in 

which 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. 

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 which contains source material, 

special nuclear material, or byproduct material, and which 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 III) as defined by 40 CFR 260.10. 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 and the applicable requirements of 40 CFR 

parts 262 through 265. 
15

 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. 

 On site shall mean the same or geographically contiguous property which may be divided by 

public or private right-of-way, provided the entrance and exit between the properties is at a 

cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. 

Non-contiguous properties owned by the same person connected by a right-of-way which he 

controls and to which the public does not have access is also considered on site property. 

 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. 

 PCB or PCBs shall mean any chemical substance that is limited to the biphenyl molecule that 

has been chlorinated to varying degrees or any combination of substances which contains such 

substances. 

 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 which 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.
16

 Publicly owned treatment works shall mean a treatment works as defined by Section 212 of 

Public Law 92-500, "Federal Water Pollution Control Act" and which is owned by a state or 

municipality as defined by Section 502 (4) of this same law. 

 “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 which 

are incorporated by reference, when referring either to an operating permit or to the Federal 

hazardous waste program as a whole (i.e., not a specific provision of RCRA), shall mean the 

Rhode Island "Hazardous Waste Management Act of 1978", except as otherwise noted in these 

Rules and Regulations and except for 40 CFR 260.10 definition of "Act or RCRA", 40 CFR 

Part 262 Appendix, 40 CFR 270.2 definition of "RCRA" and 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 Wastes shall mean any waste meeting the below-listed definitions of R001 

through R005 and R010. 

 Note: The waste codes R001 through R005 and 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. Rhode Island Fee Exemption Waste Codes (Waste codes R011-R016) 

indicate the waste is exempt from the Hazardous Waste Generation Fee described in Rules 5 

and 6 of these regulations and are to be used in addition to other applicable federal and state 

hazardous waste codes. Also, RI waste code R006 indicating the waste meets the definition of 

Extremely Hazardous Waste, shall be used in addition to applicable federal codes. 

 

A. Type 1A - Highly Toxic Waste (R001) shall mean a waste which meets any of the 

following criteria: 

 l. The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure to 

a representative sample of the waste has an acute oral LD50 in the rat of 0 to 50 mg/kg 

of body weight determined according to the protocol in Appendix 1, as calculated 

using a recognized reference or, where a recognized reference is not available, as 

actually measured; or 

 2. A quantitative analysis of a liquid waste reveals that it contains a substance which in 

the concentration present in the waste causes the waste to have a waste LD50

(calculated) of 50 mg/kg or less, as listed in a reference source approved by the 

Director. 
17

B. Type 1B - Moderately Toxic Waste (R001) shall mean a waste which meets any of the 

following criteria: 

1. The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure to 

a representative sample of the waste has an acute oral LD50 in the rat of greater than 

50 but less than 500 mg/kg of body weight determined according to the protocol in 

Appendix 1, as calculated using a recognized reference or, where a recognized 

reference is not available, as actually measured; or 

2. A quantitative analysis of a liquid waste reveals that it contains a substance which in 

the concentration present in the waste causes the waste to have a waste LD50

(calculated) of greater than 50 mg/kg but less than 500 mg/kg of body weight as 

listed in a reference source approved by the Director. 

C. Type 1C - Slightly Toxic Waste (R001) shall mean a waste which meets any of the 

following criteria: 

1. The elutriate obtained by applying the Toxicity Characteristic Leaching Procedure to 

a representative sample of the waste has an acute oral LD50 in the rat of greater than 

500 but less than 5000 mg/kg of body weight determined according to the protocol in 

Appendix 1, as calculated using a recognized reference or, where a recognized 

reference is not available, as actually measured; or 

2. A quantitative analysis of a liquid waste reveals that it contains a substance which in 

the concentration present in the waste causes the waste to have a waste LD50

(calculated) of greater than 500 but less than 5,000 mg/kg body weight as listed in a 

reference source approved by the Director. 

D. Type 2A - Highly Reactive Waste (R002) shall mean a waste which in itself is readily 

capable of initiating a detonation, or of explosive decomposition, or of a reaction at 

normal temperature and pressures, or which reacts explosively with water, or which is a 

forbidden explosive as defined in 49 CFR 173.54, or a Division 1.1, Division 1.2, or 

Division 1.3 explosive as defined in 49 CFR 173.53 or 49 CFR 173.50 respectively. 

E. Type 2B - Moderately Reactive Waste (R002) shall mean a waste which in itself is 

capable of initiating a detonation or explosive reaction, but requires a strong initiating 

source, or which must be heated under confinement before initiation, or which may react 

violently with water or oxidizable materials or which may form potentially explosive 

mixtures with water or oxidizable materials, or which may generate toxic fumes such as 

cyanide and sulfide bearing wastes. 

F. Type 2C - Slightly Reactive Waste (R002) shall mean a waste which in itself or when 

mixed with water is normally unstable or readily undergoes chemical change, but does not 

detonate or cause explosive reactions. 
18

G. Type 3A - Highly Flammable Waste (R003) shall mean: 

1. Any liquid or gaseous material which is a liquid while under pressure, having a flash 

point below 73 ̊F and a boiling point less than 100 ̊F, or 

2. Any compressed gas or mixture for which a mixture of 13% or less (by volume) with 

air forms a flammable mixture, or the flammable range with air is wider than 12% 

regardless of the lower limit, or 

3. Any non-liquid as described in 40 CFR 261.21 (a) (2), or 

4. Any ignitable compressed gas as described in 40 CFR 261.21 (a) (3), or 

5. Any oxidizer as described in 40 CFR 261.21 (a) (4). 

H. Type 3B - Moderately Flammable Waste (R003) shall mean: 

1. A liquid having a flash point less than 73 ̊F and a boiling point at or above 100 ̊F, and 

those having a flash point at or above 73 ̊F and a boiling point less than 100 ̊F, or a 

liquid that ignites spontaneously in dry or moist air at or below 130 ̊F, or 

2. Any compressed flammable gas or mixture having in the container an absolute 

pressure exceeding 40 psi at 70 ̊F, or regardless of the pressure at 70 ̊F, having an 

absolute pressure exceeding 104 psi at 130 ̊F, or any liquid flammable materials 

having a vapor pressure exceeding 40 psi absolute at 100 ̊F. 

I. Type 3C - Slightly Flammable Waste (R003) shall mean: 

1. Liquids having a flash point at or above 73 ̊F, but not exceeding 200 ̊F. 

2. Solid or semi-solids which readily give off flammable vapors below 100 ̊F. 

J. Type 4 - Corrosive Waste (R004) shall mean any non-aqueous waste, when mixed 50% 

by weight with distilled water, or any gaseous material such that a 2 molar aqueous 

solution, yields a pH less than or equal to 2.0, or greater than or equal to 12.5, as 

measured with a pH meter using the protocol specified in EPA's "Test Methods for the 

Evaluation of Solid Waste, Physical/Chemical Methods, SW-846. 

K. Type 5 - Rhode Island Special Hazardous Waste (R005) shall mean a waste which may 

not meet any of the other criteria set forth in this rule but which may still cause or 

significantly contribute to an increase in mortality or an increase in serious irreversible or 

incapacitating reversible illness or pose a substantial present or potential hazard to human 

health or the environment. 
19

L. Type 6 - Extremely hazardous waste (R006) shall mean any waste that: 

1. contains any KNOWN CARCINOGEN as designated in regulatory rule-making by 

any of the federal agencies (OSHA, FDA, EPA or CPSC) in concentrations or 

amounts at or above the federally regulated level or at 1/10 of 1% (0.1%) by weight, 

whichever is more stringent, of any solid or liquid mixture. This rule does not apply 

to asbestos waste; or 

2. contains any TERATOGEN as identified by EPA’s Integrated Risk Information 

System (IRIS) in concentrations or amounts at or above the federally regulated level 

or at 0.1% by weight, whichever is more stringent, of any solid or liquid mixture; or 

3. contains any SUSPECT HUMAN CARCINOGEN as designated in regulatory rulemaking by any of the federal agencies (OSHA, FDA, EPA or CPSC) in 

concentrations or amounts at or above the federally regulated level or at 1% by 

weight whichever is more stringent, of any solid or liquid mixture. This rule does not 

apply to asbestos waste; or 

4. contains a substance which has an acute oral rat LD50 less than or equal to 2 mg/kg in 

a reference approved by the Director at or above 0.1% by weight of any solid or 

liquid mixture; or 

5. contains any U. S. Department of Transportation Class 2, Division 2.3 hazardous 

material (gas poisonous by inhalation), per 49 CFR 173.115 or Class 6, Division 6.1 

hazardous material (poisonous materials), per 49 CFR 173.132; or 

6. contains Industrial Chemicals selected due to their serious cumulative effects by 

OSHA and listed in Appendix II at or above 1% by weight of any solid or liquid 

mixture. However, if the industrial chemicals are less than 1% soluble, this rule only 

applies to these chemicals when they are soluble in the waste; or 

 M. PCB waste (R007) shall mean any waste that contains polychlorinated biphenyls at a 

concentration of fifty parts per million (50 ppm) or greater, or shows ten micrograms 

per one hundred square centimeters (10 micrograms/100 cm2) as measured by 

standard wipe tests. Wastes containing PCBs at a concentration of 50 ppm or greater 

are also subject to additional regulations under TSCA (Toxic Substances Control Act) 

in 40 CFR 761. 

 

N. Rhode Island Waste Codes shall be as follows: 

Rhode Island Characteristic Wastes (R001-R007) 

Codes R001 – R005 and R010 are to be used only when the waste does not satisfy any of 

the federal criteria of a hazardous waste. R006 indicating the waste meets the definition of 

Extremely Hazardous Waste, shall be used in addition to applicable federal codes. 

1. Any waste meeting any of the definitions of Toxic Waste under items A, B, or C of 

this rule shall be designated as an R001 waste. 

2. Any waste meeting any of the definitions of Reactive Waste under items D, E, or F of 

this rule shall be designated as an R002 waste. 
20

3. Any waste meeting any of the definitions of Flammable Waste under items G, H, or I 

of this rule shall be designated as an R003 waste. 

4. Any waste meeting the definition of Corrosive Waste under item J of this rule shall 

be designated as an R004 waste. 

5. Any waste meeting the definition of Rhode Island Special Hazardous Waste under 

item K of this rule shall be designated as an R005 waste. 

6. Any waste meeting the definition of Extremely Hazardous Waste under item L of this 

rule shall be designated as an R006 waste, except as described in item 7, below. 

7. Any PCBs or PCB-contaminated materials shall be designated as an R007 waste. 

8. Any used oil that meets the definition of a characteristic hazardous waste that is 

subject to disposal and not sent for recycling or any used oil that is designated by the 

generator as hazardous waste and not sent for recycling, shall be designated as an 

R010 waste. 

Rhode Island Fee Exemption Waste Codes (R011-R016) 

These waste codes are to be used in addition to applicable state and federal waste codes: 

9. 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. 

10. Precious metal bearing waste meeting the definition of a precious metal bearing waste 

as defined by Section 3 of the Rules and Regulations shall be designated as an R012

waste. This waste code shall be used in addition to other required waste codes. 

11. Household hazardous waste meeting the definition of a household hazardous waste as 

defined by Section 3 of the Rules and Regulations shall be designated as an R013

waste. This waste code shall be used in addition to other required waste codes. 

12. Used oil or related materials that are managed in accordance with the requirements of 

Rule 15.0 shall be designated as an R014 waste. 

13. Waste not meeting the definition of a hazardous waste that is required to be on a 

Manifest by the destination state shall be designated as an R015 waste. This waste 

code shall be used in addition to other waste codes required by the destination state. 

14. 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. 
21

 Sanitary septage shall mean septage from individual sewage disposal systems containing 

human or animal excremental liquid or substance, any putrescible animal or vegetable matter, 

garbage and filth, including the discharge of water closets, laundry tubs, washing machines, 

sinks, dishwashers and the contents of septic tanks, cesspools or privies. 

Satellite accumulation shall mean the accumulation of as much as fifty-five (55) gallons of 

hazardous waste, or the accumulation of as much as one quart of acutely hazardous waste, in 

containers at or near any point of generation where the waste initially accumulates, which is 

under the control of the operator of the process generating the waste, without a permit or 

interim status and without complying with the requirements of 40 CFR 262.34(a) and without 

any storage time limit, provided that the generator complies with 40 CFR 262.34(c)(1)(i) and 

marks and labels his containers as required by Rule 5.4C. Accumulations in excess of these 

amounts are subject to the requirements of 40 CFR 262.34(c)(2) and to the marking and 

labeling requirements of Rule 5.4A. 

 Septage shall mean any solid, liquid or semi-solid removed from septic tanks, cesspools, 

privies, domestic wastewater holding tanks or other similar individual sewage disposal 

systems. 

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 Handler of Universal Waste shall mean a universal waste handler (as defined 

in this section) who does not accumulate 20,000 kilograms or more total of 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) which 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 at which solid wastes have been routinely and systematically 

released. SWMUs include regulated units as well as units used to manage nonhazardous solid 

wastes. 
22

 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 which 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", "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 which is a natural topographic 

depression, man-made excavation, or diked area formed primarily of earthen materials 

(although it may be lined with man-made materials), which is designed to hold an 

accumulation of liquid wastes or waste containing free liquids, and which is not an injection 

well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds 

and lagoons. 

 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/rerefiner is returned to the used oil generator for use as a lubricant, cutting oil or coolant. 

 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. 
23

 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. 

 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 in which the groundwater contains less than 500 mg/l total 

dissolved solids; or an aquifer designated as such by the Administrator of the Environmental 

Protection Agency or any Rhode Island state agency authorized to do so. 

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 of these regulations; 

F. Silver-containing photo fixing solutions as described in Rule 13 of these regulations. 

Universal Waste Handler: 

A. shall mean: 

1. A Generator (as defined in Rule 3.0) 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. 
24

B. shall not mean: 

1. A person who treats (except under the provisions of 40 CFR 273.13(a) or (c), or 

273.33(a) or (c)), disposes of, or recycles universal waste; or 

2. A person engaged in the off-site transportation of universal waste by air, rail, 

highway, or water, including a universal waste transfer facility. 

 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 which, 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 freeflowing 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), 

which are subject to the waste characterization requirements under Rule 5.8 and may be 
25

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 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. 

 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. 
26

 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 LD50 (calculated) shall mean the value arrived at by applying to either the elutriate 

obtained from the Toxicity Characteristic Leaching Procedure or to a liquid waste the 

following equation: 

where C = The concentration of a substance in a sample of the liquid waste or in the 

elutriate obtained by applying the Toxicity Characteristic Leaching Procedure to 

non-liquid waste (expressed as a fraction), and 

LD50 = Oral rat LD50 listed in a recognized source (mg/kg). 

 Waste pile shall mean any non-containerized accumulation of solid, non-flowing hazardous 

waste that is used for treatment or storage. 

 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, 2008. 

 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, 2008. 

4.0 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. 

( LD )

C +...+

( LD )

C +

( LD )

C = WasteLD

1

50 n

n

50 2

2

50 1

1

50
27

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 which is provided 

by these rules, 

B. will not endanger the public health and safety, 

C. will not create a public or private nuisance, 

D. will not significantly interfere with the public use and enjoyment of any recreational 

resource, 

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 

must hold a public hearing prior to rendering a decision on any application. Prior to the 

hearing, the Director shall issue public notice on the radio and in a newspaper of general 

circulation in the area affected and shall notify by certified mail to the last known address: all 

persons requesting in writing such notification, all property owners within five hundred (500) 

feet of the perimeter of the site of the applicant's facility, the city or town in which the facility 

is located, and the applicant of the hearing date, time, and place. Such notices shall be made at 

least sixty (60) days prior to the date of the public hearing. Permit variances shall not be 

granted for a period to exceed one year. 

4.4 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: Remonstrants 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. 
28

5.0 GENERATORS 

 These rules shall apply to all generators of hazardous waste except as provided in 262.10(i) 

relative to explosives and munitions emergencies. Rhode Island does not recognize federal 

exemptions for small quantity generators and the small quantity generator provisions of 40 

CFR 261.5, 262.20(e), 262.34(d) –(f), 262.42(b) and 262.44 do not apply in Rhode Island, 

except for provisions of Rule 5.2(B) and (C) or as provided in Rules 5.5, 5.6, and 13.5(E). 

Rhode Island does not recognize 40 CFR 262.70 and 262.10(f) (the farmer exemption for 

disposal of waste pesticides). The non-business wastes of single and multiple family residence 

occupants are subject to the household hazardous waste exemption, utilizing the Rule 3.0 

definition of household hazardous waste, except as provided below in this paragraph with 

respect to facilities that accept household hazardous waste, and except as provided in Rule 

13.5(E) regarding certain dry cell batteries, used electronics, and mercury-containing 

equipment. Facilities which accept household hazardous waste only, for subsequent off-site 

management in accordance with these regulations, will be considered to be generators, subject 

to the requirements of this section. 

5.1 Identification: The generator shall apply for and obtain an EPA I.D. No. and shall not offer 

waste for shipment without an EPA I.D. No. All generators included in the federal system 

must apply to the Department for an EPA I.D. No. Small generators and others not included in 

the federal system but covered under Rhode Island rules and regulations must also apply for an 

EPA I.D. No. through the Department. Temporary EPA I.D. No.'s may be obtained from the 

Department. 

5.2 Storage: 

A. Any material designated as a hazardous waste stored on site by a generator for a period 

not to exceed 90 days, excluding satellite accumulation as defined in Rule 3.0, shall be 

termed 90 day accumulation. Such accumulated waste shall be excluded from storage 

permit requirements provided that it is managed in accordance with the provisions of 

these Rules and Regulations and in accordance with the provisions of 40 CFR 262.34, 

264.175, and 265.15(d), except for 40 CFR 262.34(d) –(f), (g) – (i) (instead follow Rule 

5.2D), and (j) – (l), and except for the words “or (d), (e), and (f) of this section, depending 

on the amount of hazardous waste on-site in that calendar month”, in 262.34(m). These 

regulations include, but are not limited to, requirements for personnel training, 

preparedness and prevention, contingency plans, secondary containment, and 

documentation of inspection of each hazardous waste storage area. Also, such waste must 

be properly disposed of within the 90 day accumulation period. 

B. Generators of less than 1000 kg/month of hazardous waste (inclusive of generators of less 

than 100 kg/month), accumulating hazardous waste in tanks, that do not accumulate over 

3000 kg on site at any time (90 day maximum storage), and that do not exceed the limits 

regarding generation of acute hazardous waste set out in 40 CFR 261.5 (e) (1) and (2), 

shall not be subject to 40 CFR 265, Subpart J (Tank Systems), except for 40 CFR 

265.201. 
29

C. Generators of less than 1000 kg/month of hazardous waste (inclusive of generators of less 

than 100 kg/month), that do not accumulate over 3000 kg on site at any time (90 day 

maximum storage), and that do not exceed the limits regarding generation of acute 

hazardous waste set out in 40 CFR 261.5 (e) (1) and (2), shall not be subject to 40 CFR 

265, Subpart CC (Air Emission Standards for Tanks, Surface Impoundments, and 

Containers). 

D. A small quantity generator or large quantity generator (as defined in 40 CFR 260.10) who 

generates wastewater treatment sludges from electroplating operations that meet the 

listing description for the RCRA hazardous waste code F006, may accumulate F006 waste 

on-site for more than 90 days, but not more than 180 days without a permit or without 

having interim status provided that: 

1. The generator has implemented pollution prevention practices that reduce the amount 

of any hazardous substances, pollutants or contaminants entering F006 or otherwise 

released to the environment prior to its recycling; 

2. The F006 waste is legitimately recycled through metals recovery (i.e., on-site or offsite 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 onsite at any one time (note: Any small quantity generator who accumulates more than 

1,000 kilograms (2200 pounds) per month of F006 waste or who accumulates more 

than 6,000 kilograms (13,200 pounds) of F006 waste on site at any time, immediately 

becomes a large quantity generator.); and 

4. The F006 waste is managed in accordance with the following: 

(a) The F006 waste is placed: 

(i) In containers and the generator complies with the applicable 

requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or 

(ii) In tanks and the generator complies with the applicable requirements 

of subparts J, AA, BB, and CC of 40 CFR part 265, except §§ 

265.197(c) and 265.200; and/or 

(iii) In containment buildings and the generator complies with subpart 

DD of 40 CFR part 265, and has placed its professional engineer 

certification that the building complies with the design standards 

specified in 40 CFR 265.1101 in the facility’s operating record prior to 

operation of the unit. The owner or operator must maintain the following 

records at the facility: 

(aa) A written description of procedures to ensure that the F006 waste 

remains in the unit for no more than 180 days, a written description 

of the waste generation and management practices for the facility 

showing that they are consistent with the 180-day limit, and 

documentation that the generator is complying with the procedures; 

or 
30

(bb)Documentation that the unit is emptied at least once every 180 

days. In addition, such a generator is exempt from all the 

requirements in subparts G and H of 40 CFR part 265, except for 

§§ 265.111 and 265.114. 

(b) The date upon which each period of accumulation begins is clearly marked 

and visible for inspection on each container; 

(c) While being accumulated on-site, each container and tank is labeled or 

marked clearly with the words, “Hazardous Waste” and complies with Rule 

5.4 labeling requirements; and 

(d) The generator complies with the requirements for owners or operators in 

subparts C and D in 40 CFR part 265, with 40 CFR 265.16, and with 40 

CFR 268.7(a)(5). 

 

5.3 Waste Shipment: The generator shall send hazardous waste only to a designated facility. The 

generator must not send hazardous waste from the property on which it is generated, on site, 

without preparing a Manifest to accompany the waste, except where 40 CFR 262.20(f) applies, 

nor shall he offer hazardous waste to a facility which does not have an EPA I.D. number, or to 

a hazardous waste transporter that does not have an EPA I.D. number and a valid RI 

Hazardous Waste Transporter Permit as indicated by an official sticker on each transportation 

unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. 

number are not required for those transportation situations where 40 CFR 262.20(f) applies. 

The following requirements also apply: 

A. The generator must package the waste in accordance with 49 CFR 173, 178 and 179. 

B. The generator, except for those shipments of exclusively used oil shall complete the 

generator section of the Manifest prior to sending any hazardous waste from the property 

on which it is generated. The generator shall complete this section in accordance with the 

requirements of 40 CFR 262.20 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 under paragraph (L) of the “Rhode Island Wastes” definition in Rule 3.0 of these 

regulations. The generator must also indicate if the waste is exempt from the generator 

fee by listing waste codes R011 through R016 if appropriate. 

C. The generator must complete the generator section of a Manifest prior to the shipment of 

the waste.. 

D. 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. 
31

E. A generator must instruct the hazardous waste transporter to return the waste or deliver it 

to an alternate designated facility if he is unable to deliver it to the primary designated 

facility. 

F. A generator sending or receiving waste to or from a foreign country shall comply with 40 

CFR 262 Subpart E or 40 CFR 262 Subpart F. 

G. A generator shipping wastes via water or rail must comply with the provisions of 40 CFR 

262.23 (c) or (d) and 40 CFR 263.20 (e) or (f). 

H. A generator who does not receive a copy of a Manifest from the designated facility to 

which that waste was sent within 35 days of the date that waste was accepted by the initial 

hazardous waste transporter must comply with the provisions of 40 CFR 262.42(a)(1-2) 

and file an exception report with the Department. [The provisions of 40 CFR 262.42(a)(1-

2) are incorporated by reference, except for the words “of greater than 1000 kilograms” in 

(a)(1-2)] 

I. A generator must designate on the Manifest one designated facility, which is permitted to 

handle the waste described on the Manifest. 

J. A generator may also designate on the Manifest one alternate designated facility which is 

permitted to handle his waste in the event an emergency prevents delivery of the waste to 

the primary designated facility. 

5.4 Labeling

A. The generator shall label the side of all hazardous waste containers, excluding satellite 

accumulation, in accordance with the provisions of 49 CFR 172 and include the 

following: 

1. The words “Hazardous Waste”. 

2. Generator's name and address of generating facility. 

3. The USDOT shipping name and the generic names of the principal hazardous waste 

components (if the proper USDOT shipping name is not conclusive in identifying the 

hazardous waste). 

4. The EPA or Rhode Island waste code. 

5. Date of containerization (accumulation start date). The accumulation start date is the 

date that hazardous waste first begins accumulating in a container or tank, exclusive 

of satellite accumulation. 

6. The Hazardous Waste Manifest Number (prior to being shipped off-site). 

B. The generator must label and mark every container, excluding those in satellite 

accumulation, in accordance with the provisions of 40 CFR 262.32 and must comply with 

respect to the initial hazardous waste transporter, with the requirements of 40 CFR 

262.33. 
32

C. Satellite accumulation: The generator must include on each container in satellite 

accumulation, per Rule 3.0, the words "Hazardous Waste" and other words that identify 

the contents of the container. 

D. The generator must label the side of each hazardous waste tank per 40 CFR 262.34(a)(3) 

 requirements and must record the accumulation start date for each hazardous waste 

 tank. 

5.5 Biennial Reports: The generator (except for any small quantity generator, as defined in 40 

CFR 260.10) must prepare and submit a biennial report (on appropriate forms provided by the 

Department) in accordance with the provisions of 40 CFR 262.41. The generator must submit 

this report to the Department by March 1 of the even-number year, which reports hazardous 

waste activities for the immediately preceding odd-number year. All generators may also be 

required to submit other reports at the request of the Director. 

5.6 Record Keeping: The generator shall keep all pertinent records relating to the generation of 

hazardous waste for a period of three years in accordance with the provisions of 40 CFR 

262.40 or for such longer periods as is required in an unresolved enforcement action. These 

records shall include but not be limited to Copy 3 and 6 of each Uniform Hazardous Waste 

Manifest, a copy of each biennial report (excluding any small quantity generator, when not 

requested by the Director to prepare and submit a biennial report), a copy of each waste 

analysis and a copy of any tests and other determinations made regarding the content of the 

waste. All such records shall be made available to the Department, upon inspection or request. 

5.7 Permits: No permit shall be required for the generation of hazardous waste. The generator 

shall, however, obtain all required permits for its hazardous waste management activities not 

specifically exempted by the Rhode Island Hazardous Waste Management Act or these rules 

and regulations. 

5.8 Hazardous Waste Determination: The generator must determine if any of his wastes meet 

any of the definitions of a hazardous waste. He must first determine if his waste meets any of 

the federal definitions of hazardous waste as required by 40 CFR 262.11. If the waste does not 

meet any of the federal definitions, the generator must then determine if any of the Rhode 

Island waste types apply, as defined under the “Rhode Island Wastes” definition in Rule 3.0 of 

these regulations. Regardless of any advisory opinions or statements from any laboratory or 

government agency, it remains the generator's responsibility to properly characterize his 

wastes. Testing employed by the generator to determine if a material is hazardous waste must 

be an approved method set forth in 40 CFR 260.11 or 40 CFR 261 Subpart C. Equivalent 

testing methods are not allowed. 

5.9 Authorized Agents: The generator shall submit to the Department the names and signatures of 

all agents of the generator authorized to sign the Manifest. 
33

5.10 Notification of Spills or Releases: In the event of an actual or threatened spill or release of 

hazardous waste or material which presents any risk of injury to health or the environment, the 

generator or any other person having knowledge of the actual or threatened spill or release 

shall notify the Department immediately, and will provide all requested information dealing 

with such a spill or release. In all cases, the generator shall immediately take steps to prevent, 

contain and/or clean up the spill or release of hazardous waste or material. 

5.11 Inspections; Right of Entry: Pursuant to Title 23, Chapter 19.1, Section 12, "Inspections; 

Right of Entry", of the General Laws of Rhode Island, (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 which the Director has reasonable grounds to believe are being used for 

the transportation of hazardous wastes; 

C. inspect and obtain samples of any waste or other substances, labels, containers of waste or 

other substance, or samples from any vehicle in which hazardous wastes are transported or 

in which the Director has reason to believe hazardous wastes are transported; 

D. inspect and copy records, reports, information, or test results kept or maintained at a 

hazardous waste management facility. 

5.12 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 waste generated. This fee shall apply to all wastes 

that are generated in Rhode Island and shipped on a Manifest. The fee shall be collected 

by the hazardous waste transporter and in turn shall be paid to the Department as specified 

in Rule 6.16. 

B. Waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in Rule 

3 are exempted from the fee. 
34

6.0 TRANSPORTERS 

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). 

6.1 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 which present a threat to public health and safety. In the 

event of an emergency situation, the Department shall be immediately notified of 

each vehicle used for the cleanup and transportation of hazardous waste. After the 

notification, all collected hazardous waste or used oil must be managed in accordance 

with the Department's rules and regulations. 

3. The transportation of animal waste produced at farms. 

4. A transporter transporting household refuse, unless he has cause to believe that the 

household refuse contains hazardous waste. 

5. The use of non-permitted vehicles to transport less than one liter of hazardous waste 

derived solely as a by-product of sampling activities. 

6. The use of non-permitted vehicles to transport hazardous waste for situations that 

satisfy 40 CFR 262.20(f). 

7. The transportation of any hazardous waste defined as a universal waste, per Rule 3.0, 

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 for 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. 
35

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 which are listed on the permit application 

and which pass self inspection. A permit sticker, or temporary permit sticker, as 

appropriate, will be issued for each transportation unit which passes the inspection. This 

sticker is not transferable to any other transportation units. The transporter must maintain 

his permitted transportation units in compliance with inspection requirements, per Rule 

6.7, 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 15.0. 

6.2 Permit Application Requirements

A. Applications for a transporter permit or temporary permit must be submitted to the 

Director on forms provided by the Department and accompanied by the appropriate 

permitting fee (as specified in Rule 6.1) per transportation unit identified on the permit 

application. All transportation units used in the transportation of hazardous waste, used oil 

or Septage must be included on the permit application. 

B. All transporter applications must 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. 

8. Locations to be used for the temporary storage (up to 72 hours) of hazardous waste in 

transportation units.
36

9. For hazardous waste transporters only, a criminal background check must be 

submitted by the applicant consistent with R.I.G.L. 23-19.1-10 (e). Each criminal 

background check must 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 sanitary septage need maintain 

liability insurance only sufficient to provide coverage of $300,000.00 (three hundred 

thousand dollars) per incident. 

D. The hazardous waste transporter shall apply for and obtain an EPA I.D. No. Hazardous 

waste transporters, covered by the federal system must apply directly to the Regional 

Office of the Environmental Protection Agency. Hazardous waste transporters not covered 

under the federal system must apply for an EPA I.D. No. through the Department. 

6.3 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: 
37

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 
38

C. The roads on which the transportation of extremely hazardous waste is prohibited as listed 

in Regulation 6.3 (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 6.8, in responding to spills or other emergency situations that could arise during 

transporters' operations. Specific references shall be made to: 

(a) the training or instruction that the hazardous waste transporter personnel shall 

receive, 

(b) the emergency and safety equipment required to be on the transportation unit at 

all times, and 

(c) the arrangements for emergency services. 

2. A description of the absorbent material to be used for the cleanup of liquids. 

G. The transporter of hazardous wastes which are received in Rhode Island or which are 

destined for delivery to hazardous waste management facilities within Rhode Island shall 

not accept these wastes unless the containers of these wastes are labeled in accordance 

with Rule 5.4 of these rules and regulations. 

H. The transporting vehicle shall be marked on both sides and the back with the name and 

permit number of the transporter. These markings shall be painted on the vehicle in 

permanent contrasting colors and shall be visible and legible from a distance of 50 feet 

(marking size shall be no less than three inches in height). The official waste transporter 

sticker(s) provided by the Department shall be kept clean and legible. 

I. Transporters of hazardous wastes into the United States or who mix wastes of different 

USDOT descriptions into a single container must comply with all generator rules and 

regulations. 

J. Hazardous waste transporters who deliver hazardous wastes to other hazardous waste 

transporters must comply with the provisions of 40 CFR 263.20 (d). 
39

K. Transporters of hazardous wastes to foreign countries must comply with 40 CFR 263.20 

(g). 

L. These rules and regulations as applied to transporters of hazardous waste by water (bulk 

shipment) are modified by 40 CFR 263.20 (e) and 40 CFR 263.22 (b). 

M. These rules and regulations as applied to transporters of hazardous wastes by rail are 

modified by 40 CFR 263.20 (f) and 40 CFR 263.22 (c). 

N. 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 must be delivered to a properly licensed POTW for 

disposal, unless the Department has given written permission for an alternate method of 

disposal. 

6.4 Manifest Handling

A. The transporter of hazardous waste shall not accept any hazardous waste, except sanitary 

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 match the number indicated in the generator section of the 

Manifest. 

2. All containers are labeled as required by Rule 5.4. 

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 Rule 5.3 with the generator. 

D. The hazardous waste transporter shall keep the completed Manifest, minus the copy 

referred to in Rule 5.3, 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. 
40

G. The hazardous waste transporter shall submit to the Director the names and signatures of 

all company personnel who are allowed to sign Manifests. 

H. The hazardous waste transporter must deliver the hazardous waste only to the facility 

designated on the Manifest. If this is not possible, he must contact the generator for further 

instructions and revise the Manifest in accordance with the generator's instructions. 

I. The hazardous waste transporter will obtain the date and signature of the facility operator 

at the time of transfer of the waste to the facility. 

J. 40 CFR 263.20(h) does not apply to hazardous waste transporters. 

6.5 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. 

6.6 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. 

6.7 Inspections

A. The transporter must have each transportation unit listed on the application self inspected 

annually prior to the receipt or renewal of the permit. 

B. The inspection shall include but not be limited to inspection of: 

1. Confirmation of United States Department of Transportation (USDOT) Motor Carrier 

Safety Regulation vehicle inspection requirements per 49 CFR 396.17 and Appendix 

G of Subchapter B. 

2. Proper identification of the transporter clearly painted on the transportation unit, 

including permit number. 

3. Proper vehicle registration(s). 

4. Soundness of containment structure (tank, roll-off box trailer, etc.). 

5. Ability of tank or other liquid containers and any valves, hoses, pipes, etc., to hold 

liquids without leaking. 

6. Prohibited roads posted (hazardous waste transporters only). 

7. Emergency procedure posted. 
41

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 

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. 

6.8 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 which is readily available in 

case of emergency. 

3. First-aid supplies which are readily available in case of emergency. 

4. Absorbent Material. 

5. Fire Extinguisher. 

6. Shovel. 

C. The transporter shall make provisions for prompt control of fires, spills and other 

emergencies. 

1. The transporter shall prepare procedures for personnel to follow in the case of spills 

of hazardous waste 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. 
42

2. 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. 

3. 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 which results or could result in a hazard to 

the public health and safety, or to the environment within the State of Rhode Island. 

The hazardous waste transporter shall also comply with the notification procedures 

and incident reports required by 49 CFR 171.15 and 171.16 regarding accidental 

discharge or spillage of hazardous materials or wastes. The Director may require that 

a written report of the incident or accident be provided to him. 

6.9 Decontamination: Equipment used to handle hazardous waste; including, but not limited to, 

storage containers, processing equipment, trucks and loaders that are contaminated with 

hazardous waste; shall be decontaminated prior to being serviced or used for transportation of 

non-hazardous waste if servicing or use of contaminated equipment would cause a hazard to 

any person. Contaminated wash water, waste solutions or residues generated from washing or 

decontaminating the equipment shall be collected and disposed of as hazardous wastes in 

compliance with these rules. 

6.10 Containerization of Hazardous Waste: The transporter of hazardous waste shall not handle 

containerized hazardous waste unless the containers are constructed and maintained in 

accordance with the requirements of Code of Federal Regulations, Title 49, Transportation, 

Part 178. 

6.11 Powder, Dust, Fine Solids: To prevent hazardous waste from being blown by the wind, 

hazardous waste in the form of powder, dust or a fine solid shall be handled, stored and 

disposed of in covered containers. 

6.12 Gases, Mists, Vapors: Hazardous wastes that are capable of releasing hazardous gases, mists 

or vapors in excess of existing air quality standards or where the emitted hazardous materials 

could result in a hazard to public health and safety or the environment shall be handled in 

covered containers. 

6.13 Spill Control Equipment: The hazardous waste transporter, when transporting liquid 

hazardous waste in containers, shall have absorbent mats or materials on the vehicles capable 

of absorbing ten percent of the hazardous wastes in the event of a leak or spill. When 

transporting liquid hazardous waste in tank trucks, the hazardous waste transporter shall have a 

shovel and absorbent mats or materials on the vehicle capable of absorbing such small leaks as 

may occur when hoses are disconnected. 
43

6.14 Temporary Storage of Waste by Transporters and Temporary Transfer and Storage 

Facilities

Paragraphs A-B apply to transporters that temporarily store wastes in their vehicles and 

Paragraphs C – W apply to temporary transfer and storage facilities. 

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. 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 offsite by a 

utility that is exempt under Rule 6.1(A)(9). 

D. 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. 

E. 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. 

F. 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; 
44

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. 

G. 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). 

H. Authorization Period. Each Letter of Authorization shall be valid for a period of not 

more than one (1) year from the date of issuance. 

I. 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. 

J. 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. 

K. 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. 

L. 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. 
45

M. Generator Requirements. Temporary transfer and storage facilities shall comply with 

applicable sections of hazardous waste generator requirements contained in Rule 5. 

N. Storage Units. Owners or operators of the temporary transfer and storage facility may 

store hazardous waste only in containers. 

O. 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. 

P. 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 

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 volume of the 

hazardous waste stored in the container 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. 

Q. Interior Storage. Containers at temporary hazardous waste transfer and storage facility 

must be contained within a building. 

R. Labeling. Containers used to store hazardous waste at the temporary transfer and 

storage facility shall be in compliance with Rule 5.4. 

S. 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. 

T. Operation. No waste shall be bulked during the storage time. 

U. 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 222-1360 

or after hours at 222-3070), the local authorities and the National Response 

Center. 
46

2. Within 15 days of the incident, the owner or operator of the facility must 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 outside the 

facility. 

V. 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 

offsite 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. 

W. Owners or operators of the facilities shall maintain a valid hazardous waste transporter 

permit. The site and vehicle must be secured to prevent unauthorized access. 

6.15 Inspection; Right of Entry

A. Pursuant to Title 23, Chapter 19.1, Section 12, "Inspections; Right of Entry", of the 

General Laws of Rhode Island, 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 which the Director has reasonable grounds to believe are being used 

for the transportation of hazardous wastes; 

3. inspect and obtain samples of any waste or other substance, labels, containers of 

waste or other substance, or samples from any portion of the facility and from any 

vehicle in which hazardous wastes are transported or in which the Director has reason 

to believe hazardous wastes are transported; 

4. inspect and copy records, reports, information, or test results kept or maintained at 

a hazardous waste management facility. 

B. Any person obstructing or hindering, or in any way causing to be obstructed or 

hindered, the Director from the performance of his duties, or who shall refuse to permit 

the 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). 
47

6.16 Hazardous Waste Generation Fee:

A. The hazardous waste transporter shall collect a fee for waste that is generated in Rhode 

Island and shipped on a Manifest. 

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 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 6.17. The fees shall be collected 

and deposited in the Department’s Emergency Response Fund. 

C. Waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in Rule 

3 are exempted from the fee. 

6.17 Reporting requirements:

The hazardous waste transporter shall submit quarterly reports for all waste that is picked up 

from generators in Rhode Island on 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. 

6.18 Evaluation of the Fees and Report: Each year the Department shall produce a written report 

of its evaluation of total fees collected during the past fiscal year (beginning July 1 and ending 

June 30). The Department shall produce the written evaluation within ninety (90) days of the 

close of the fiscal year and make the evaluation available to the public. The Department shall 

accept written comments on the report for a period of ninety (90) days following its release. 

After the close of the ninety (90) day comment period the Department will conduct a meeting 

to discuss the written comments that are received. 

7.0 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 facilities that operate in accordance with the previous rule (Rule 6) as 

temporary transfer and storage facilities. 

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: 
48

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 must 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) must first obtain operating permits from the Director for 

such activities and must have permits during the active life (including the closure period) 

of the units or facilities.” 

4. Delete 270.1(c)(1)(i), 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 or 

261.5 (small generator exemption) 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 6.14 of these Rhode Island Hazardous Waste 

Regulations” 

5. In 270.1(c)(2) add a sub-paragraph “(x) Owners and operators of facilities which 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 Rules 5.2A and 5.2D of these Rhode Island 

Hazardous Waste Regulations and in accordance with 40 CFR 262.34 except for 40 CFR 

262.34(d)-(f), (g)-(i) [instead follow rule 5.2D] and (j)-(l) and except for the words “ or 

(d), (e), and (f) of this section depending on the amount of hazardous waste on site in the 

calendar month”, in 262.34(m).” 

7. In 270.1(c)(2)(iii) add at the end of the paragraph the wording “With respect to the 261.4 

reference, the scrap metal exclusion of 261.4(a)(13) and the conditional exclusion in 

261.4(a)(14) do not apply for circuit boards that are components of those electronic 

devices as defined by the term “used electronic device” in Rule 3.0.” 

8. 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 
49

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 which 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 must 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 the Department’s Office of Water Resources or a Publicly Owned Treatment 

Works), 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 any sludge or other waste 

materials generated from an elementary neutralization unit or a wastewater treatment 

unit must 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.” 

9. In 270.1(c)(2)(viii)(C) delete the word “and”. 

10. Add 270.1(c)(2)(viii)(E): “Used electronics as described in Rule 13.2 of these 

regulations.” 

11. Add 270.1(c)(2)(viii)(F): “Silver-containing photo fixing solutions as described in 

Rule 13.3 of these regulations.” 

12. 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 3.0 of these the Rhode Island Hazardous 

Waste Regulations” 

13. 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: 
50

 (i). Endangerment of an underground drinking water source beyond the facility 

boundary. 

 (ii). Endangerment of an aquifer which 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 town in 

which the land is located, shall describe the entire facility, and have as its 

purposes the identification of the facility and its use as a hazardous waste 

disposal 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.” 

14. 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 which is in 

operation on or before November 19, 1980.” 

15. 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 which began operation after 

November 19, 1980.” 

16. In 270.2 “Permit” definition, delete the words “and standardized permit (subpart J of this 

Part)”. 

17. In 270.2 delete the “Standardized permit” definition. 

18. Delete 270.10(a)(5) and (a)(6). 

19. 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.” 

20. Delete 270.10(e)(1)(iii). 

21. 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). 

22. Delete 270.10(h)(2). 

23. 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
51

(1) 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. 

(2) 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. 

(3) 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 

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.” 

24. 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. 

25. In 270.13(l) add, after the last sentence, “The facility, at minimum, must be outlined on 

a copy of the latest USGS Topographical Map.” 

26. 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. ” 

27. 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.” 

28. 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.” 

29. 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, must be obtained from the Department.” 

30. In 270.14(b)(4) delete “, or a justification demonstrating the reasons for requesting a 

waiver of this requirement”. 

31. In 270.14(b)(5) delete “264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 

265.1086, and 264.1088”. 

32. Replace 270.14(b)(6) with “(6) A description of the preparedness and prevention plan, 

as required by 40 CFR 264 Subpart C.” 

33. 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.” 
52

34. In 270.14(b)(9) replace the word “ignitable” with “flammable”. 

35. Delete 270.14(b)(11)(i and ii), 270.230(d)(4), and 270.14(b)(18) (not applicable in 

Rhode Island). 

36. 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 must also be sufficient to show 

patterns of surface drainage within 1000 feet of the perimeter of the facility.” 

37. 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.” 

38. In 270.14(b)(19)(vii) add the phrase, “Also, all property lines within 500 feet of the 

perimeter of the facility.” 

39. 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.” 

40. In 270.14(b)(19) add a sub-paragraph, “(xiii) All water lines within 500 feet of the 

perimeter of the facility.” 

41. 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 must 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.” 

42. In 270.14(b) add a sub-paragraph, “(24) A description of the manifest handling 

procedures of the facility.” 

43. 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.” 

44. In 270.15(c) replace the word “ignitable” with “flammable”. 

45. 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.” 

46. In 270.15 add a new sub-paragraph, “(e) Where flammable or reactive wastes are 

stored, a description of procedures used to ensure compliance with 40 CFR 264.176.” 

47. 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. 
53

48. 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 facility in operation 

at the time the permit is issued. Separate permits shall be required for facilities which 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 which can be identified as 

separate units.” 

49. 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.” 

50. 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.” 

51. In 270.30(h) replace “records” with “records and reports” 

52. In 270.30(i)(1), after the word “times”, add “, without prior notice,” 

53. Add as 270.30(i)(5): “Perform tests and inspections as the Department deems 

necessary to determine compliance with permit.” 

54. 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”. 

55. 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.” 

56. In 270.31 title replace “Requirements for recording and reporting of monitoring 

results” with “Permit Specifications” 

57. Add as 270.31(d): “All reporting requirements of operational activities.” 

58. Add as 270.31(e): “The name and location of the facility.” 

59. 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.” 

60. Add as 270.31(g): “A complete description of the hazardous wastes stored and/or 

treated and/or disposed of at the facility.” 

61. Add as 270.33(a)(1)(i): “New facilities must 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.” 

62. 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.”): 
54

 “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.” 

63. Change title of 270.41 to “Modification or revocation and reissuance or suspension of 

permits.” 

64. 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.” 

65. Delete 270.41(b)(3). 

66. 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.” 

67. 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”. 

68. 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”. 

69. 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).” 

70. 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, per RIGL 23-

19.1-10(p)(3)(iii).” 

71. 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).” 

72. 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.” 

73. 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.” 

74. 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 

must be in writing and must be filed with the clerk of the AAD within fifteen (15) 
55

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. 

75. 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 

must be received prior to 180 days from the expiration date of the present permit.” 

76. 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.” 

77. 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 follow the requirements for new 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): 
56

 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 in which 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 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, which 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, which shall constitute the public comment period. 

(d) Within ninety (90) days after the close of the public comment period, the Office 

of Waste Management shall issue or deny the renewal permit. The renewal 

permit (including any changes in permit conditions) or denial shall be in writing 

and shall 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 in which 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 must be in 

writing and must 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. 

78. 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.” Delete 
57

270.60(b) wording and replace it with “Disposal of hazardous waste by underground 

injection control (UIC) is prohibited in Rhode Island and therefore is not eligible for 

a permit.” Also, in 270.13(l) delete the words “each well where fluids from the 

facility are injected underground,” since such underground injection is prohibited in 

Rhode Island. 

79. 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. 

80. Add to 270.72(a)(1) after the word “disposal” the phrase “and if the Director approves 

such application” 

81. 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.” 

82 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. 

1. 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. 

2. Delete 124.3 and replace with the following: 

“§ 124.3 Application for a permit 

(a) Application Requirements 

(1) 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). 

(2) 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. 

(3) Permit applications must comply with the signature and certification 

requirements of § 270.11. 
58

(4) 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 in which the facility is proposed to be located of the receipt of 

such application.” 

(5) 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 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. 

(6) If the applicant fails or refuses to correct deficiencies in the application, the 

permit may be denied and appropriate enforcement actions may be taken.

 

3. Delete 124.5 and replace with the following: 

“§124.5 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 reissuance, 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 Reissuance 

(1) 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. 

(2) In a permit modification under this section, 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 
59

unmodified permit. When a permit is revoked and reissued under this 

section, 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. 

(3) Class 1 and 2 modifications as defined in §270.42 (a) and (b) are not subject 

to the requirements of this section. 

(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. ” 

4. Delete 124.6 and replace with the following: 

 “§ 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 which 

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 section. 

(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: 

 (1) All conditions under §§ 270.30 and 270.32. 

 (2) All compliance schedules under § 270.33. 

 (3) All monitoring requirements under § 270.31; and 

 (4) Standards for treatment, storage, and/or disposal facilities and other 

preconditions under § 270.30. 
60

(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.” 

5. 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 

workshop. The purpose of the informational workshop shall be to discuss the 

type of facility or activity which is the subject of the draft permit or the intent 

to deny the application; the type and quantity of wastes which are proposed 

to be managed, processed and/or disposed; a brief summary for the basis for 

the draft permit or the intent to deny the application; proposed permit 

conditions, including references to applicable statutory or regulatory 

provisions; reasons why any requested variances or alternatives to required 

standards do or do not appear justified; a description of the procedures for 

reaching a final decision on the draft permit or the intent to deny the 

application, which shall include the beginning and ending dates for the 

comment period hereafter, the address where comments will be received, the 

nature of the public comment hearing, and any other procedures by which the 

public may participate in the 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.” 

6. Delete 124.10 and replace with: 

“ §124.10 Public notice of permit actions, informational workshop, public 

hearing, and public comment period. 

(a) Scope 

(1) 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 

(1) 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, which 

shall constitute the public comment period. 
61

(2) 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 section shall 

be given by the following methods: 

(1) 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); 

 (i) The applicant; 

 (ii) EPA 

 (iii) 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. 

 (iv) 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. 

 (v) 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; 

 (vi) The city or town in which the facility is located, including the 

mayor or town manager and the town or city council president. 

(2) 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: 

(1)Name and address of the Office processing the permit action for which public 

notice is being given; 

(1) Name and address of the permittee or permit applicant and, if different, of the 

facility or activity regulated by the permit; 

(2) A brief description of the operations conducted at the facility or activity 

described in the permit application or draft permit; 

(3) Name, address and telephone number of a Department person from whom 

interested persons may obtain further information, relative to the draft permit 
62

or notice of intent to deny the application, the fact sheet, and the permit 

application; 

(4) 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; 

(5) Reference to the date(s) of any previous public notice(s) relating to the 

permit; 

(6) 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 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. ” 

7. Delete 124.11 and replace with the following: 

 “§ 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.” 

8. Delete 124.12 and replace with the following: 

 “§ 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.” 

9. Delete 124.15 and replace with; 

 “§124.15 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 which 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-
63

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 in which 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.” 

10. Delete 124.17 and replace with the following: 

 “§ 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: 

 (1) 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 

 (2) 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.” 

11. Delete 124.19 and replace with; 

 “§124.19 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 must be in writing 

and must 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.” 

12. Delete 124.31 and replace with the following: 

“§ 124.31 Pre-application public meeting and notice. 

(a) Applicability. The requirements of this section 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 section 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 section, a 

“significant change” is any change that would qualify as a class 3 permit 

modification under 40 CFR 270.42. The requirements of this section do not 

apply to permit modifications under 40 CFR 270.42 (public notice 
64

requirements for those modifications are detailed in 270.42) or to 

applications that are submitted for the sole purpose of conducting postclosure 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 must 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 

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 section, 

and copies of any written comments or materials submitted at the meeting, 

to the Department 

(d) The applicant must provide public notice of the pre-application meeting at 

least 30 days prior to the meeting. The applicant must maintain, and 

provide to the permitting agency upon request, documentation of the notice. 

(1) The applicant shall provide public notice in all of the following forms: 

(i) A newspaper advertisement. The applicant shall publish a notice, 

fulfilling the requirements in paragraph (d)(2) of this section, 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 must be published 

as a display advertisement. 

(ii) 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 section. If the applicant places the sign on the 

facility property, then the sign must be large enough to be readable 

from the nearest point where the public would pass by the site. 

(iii) A broadcast media announcement. The applicant shall broadcast a 

notice, fulfilling the requirements in paragraph (d)(2) of this section, 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. 

(iv) 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). 

(2) The notices required under paragraph (d)(1) of this section must include: 

(i) The date, time, and location of the meeting; 

(ii) A brief description of the purpose of the meeting; 

(iii) A brief description of the facility and proposed operations, including the 
65

address or a map (e.g., a sketched or copied street map) of the facility 

location; 

(iv) 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 

(v) The name, address, and telephone number of a contact person for the 

applicant. “ 

13. Delete 124.32 and replace with the following: 

 “§ 124.32 Public notice requirements at the application stage. 

 (a) Applicability. The requirements of this section 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 section 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 section, a “significant change” is any change that would qualify as a 

class 3 permit modification under 40 CFR 270.42. The requirements of this 

section 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. 

(1) 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. 

(2) The notice shall be published within a reasonable period of time after the 

application is received by the Director. The notice must include: 

(i) The name and telephone number of the applicant's contact person; 

(ii) 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; 

(iii) An address to which people can write in order to be put on the facility 

mailing list; 

(iv) The location where copies of the permit application and any supporting 

documents can be viewed and copied; 

(v) 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 

(vi) The date that the application was submitted. 
66

 (c) Concurrent with the notice required under §124.32(b) of this subpart, the 

Director must 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. “

14. Delete 124.33 and replace with the following: 

“§ 124.33 Information repository. 

(a) Applicability. The requirements of this section 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 must 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 section. “
67

8.0 OPERATIONAL REQUIREMENTS FOR TREATMENT, STORAGE AND 

DISPOSAL FACILITIES 

Applicability: This rule shall apply to treatment, storage and Disposal Facilities. This rule 

does not apply to facilities that operate in accordance with Rule 6 as temporary transfer and 

storage facilities. 

8.1 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 Rules 5.2A and 5.2D of these Rhode Island 

Hazardous Waste Regulations and in accordance with 40 CFR 262.34 except for 40 CFR 

262.34 (d)-(f), (g) – (i) (instead follow Rule 5.2D), and (j) – (l), and except for the words 

“or (d), (e), and (f) of this section, depending on the amount of hazardous waste on site in 

that calendar month”, in 262.34(m);” 

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. In 264.1(g)(2) at the end of the sentence add the words “and except that in 

261.6(a)(3)(ii) the scrap metal exclusion of 261.4(a)(13) does not apply to circuit 

boards that are components of those electronic devices as defined by the term “used 

electronic device” in Rule 3.0.

5. Add as 264.1(g)(5)(i), 264.1(g)(6)(i), and 264.1(g)(10)(i) “Operations must 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.” 

6. 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 as defined in these Rhode Island Hazardous Waste 

Regulations 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 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 
68

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 which 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 must 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 must 

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 must 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.” 

7. 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 6.14 of these Rhode Island Hazardous Waste Regulations.” 

8. In 264.1(g)(11)(iii) delete “and”. 

9. Add 264.1(g)(11)(v) “Used electronics as described in Rule 13.2 of these regulations;” 

10. Add 264.1(g)(11)(vi) “Silver-containing photo fixing solutions as described in rule 

13.3 of these regulations.” 

11. In 264.1(j)(7) replace “264.18(b)” with “264.18(b), except for 264.18(b)(1)(ii), 

including (A) – (D)”. 

12. Add to 264.10 the sub-paragraph “(c) Owners and operators of facilities that each 

initiate a hazardous waste shipment must also comply with Rules 5.0 – 5.12 of these 

rules and regulations.” 
69

13. 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.” 

14. 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” 

15. 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. 

16. Delete 264.13(b)(8). 

17. 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”. 

18. Delete 264.15(b)(5). 

19. In 264.17 replace all instances of the word “ignitable” with “flammable”. 

20. Delete 264.18(a). 

21. 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”. 

22. In 264.56(g) add, after the word “chapter”, “ and in accordance with Rules 5 and 6 of 

these Rules and Regulations”. 

23. In 264.70(a) replace “ § 264.1 provides otherwise” with “those portions of § 264.1 

adopted by the Department provide otherwise”. 

24. 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 must 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 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. 

25. 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 
70

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: 

• Manifest number 

• Generator EPA ID Number 

• Generator Name 

• Transporter(s) EPA ID Number 

• Transporter(s) Name 

• Waste Codes 

• Waste Description 

• Waste Quantity 

• Date of Generation 

26. 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 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: 

• Manifest number 

• Generator EPA ID Number 

• Generator Name 

• Transporter(s) EPA ID Number 

• Transporter(s) Name 

• Waste Codes 

• Waste Description 

• Waste Quantity 

• Date of Generation 
71

27. In 264.71(c) replace the words “the requirements of part 262 of this chapter” with the 

words “”Rules 5.0 – 5.12 of these Rules and Regulations” and replace all instances of 

“§ 262.34” with “§ 262.34, except as provided in Rules 5.2(A) and 5.2(D) and except 

for § 262.34 (d) – (f), (g) – (i) (instead follow 5.2D) and (j)- (l) and except for the 

words “or (d), (e), and (f) of this section depending on the amount of hazardous waste 

on site in that calendar month”, in §262.34(m)”. 

28. 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”. 

29. In 264.73((b)(3) delete “264.1034, 264.1063, 264.1083,” 

30. 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". 

31. In 264.74(b) add after the word “period” “(of at least three years)”. 

32. Delete 264.77(c) and replace with “(c) As otherwise required by subparts F and K 

through N of this part.” 

33. 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). 

34. 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. ” 

35. In 264.114, after the word “chapter”, add “and in accordance with Rule 5.0 – 5.12 of 

these Rules and Regulations”. 

36. 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 must be deposited into the 

closure trust fund when the fund is established. For existing facilities, the full amount 

of the closure cost estimate must be deposited into the closure trust fund by July 18, 

1985.”. In sub-paragraph (6), delete “After the pay-in period is completed,” . 

37. 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 must 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 must be deposited into the post closure trust 

fund by July 18, 1985.”. In sub-paragraph (6) delete “After the pay-in period is 

completed,” . 

38. 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 

must 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 must 

be submitted to and maintained with the State Agency regulating hazardous waste or 

with the appropriate Regional Administrator if the facility is located in an unauthorized 

State.". 

39. 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 3.0 (Definitions) of these Rhode Island Hazardous Waste Regulations: 
72

Where the 40 CFR 264.151 

wording says: 

Substitute: 

United States Environmental 

Protection Agency 

Rhode Island Department 

of Environmental 

Management 

EPA1 DEM 

United States Government2 State of Rhode Island 

EPA Regional Administrator or 

Regional Administrator3

Director 

Region(s) in which the 

facility(ies) is (are) located 

(delete) 

Appropriate (when used with 

Regional Administrator) 

(delete) 

Resource Conservation and 

Recovery Act 

Hazardous Waste 

Management Act of 1978 

RCRA HWMA 

1

Except when used in "EPA identification number" and when used in "EPA and/or a 

state". 

2

Except when referring to securities issued by the U. S. Government. 

3

Except wherever 40 CFR 264.151 requires that owners and operators notify several 

Regional Administrators of their financial obligations, the owner or operator shall notify 

both the Director and all Regional Administrators of Regions which are affected by the 

owner or operator's financial assurance mechanisms. 

40. In 264.173 add a sub-paragraph “(c) The side of all hazardous waste containers of 119 

gallons or less must be labeled with the following information: 

 (1) The words “hazardous waste”; 

 (2) The EPA or RI waste code; 

 (3) The generator’s name and address; and 

 (4) A unique ID number (which has the ability to link to the manifest number). 

41. Revise 264.174 to read “ At least weekly, the owner or operator must inspect areas 

where containers are stored. The owner or operator must look for leaking containers 

and for deterioration of containers and the containment system caused by corrosion or 

other factors. “ 

42. 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. 

43. In 264.176 replace the word “ignitable” with “flammable” in all instances. 

44. 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 
73

quantity generator and which 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. 

45. Delete 264.195(e) 

46. 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.” 

47. 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”. 

48. 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.” 

49. 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.” 

50. Add as 264.301(n) “Landfill erosion, landslides, and slumping shall be minimized.” 

51. 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.” 

52. 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 two-liner system installed on the bottom and all sides of any disposal area 

consisting of two membrane liners. 

• A leachate monitoring, collection and removal system installed above the top 

liner which consists of soils at least three feet thick and which allows leachate to 

move rapidly through the soils and collect in sumps. 

• A minimum of six inches of sand immediately overlaying and under the 

membrane liner. 

• Membrane liners, which meet the following requirements: 

• Be of adequate strength and thickness to ensure mechanical integrity and have a 

minimum thickness of 30 mils. 

• Be resistant to attack from soil bacteria and fungi. 

• Has ample weather resistance to withstand the stress of extreme heat, freezing 

and thawing. 

• Has adequate tensile strength to elongate sufficiently and withstand the stress of 

installation and/or use of machinery and equipment. 

• Be of uniform thickness, free from thin spots, cracks, tears, blisters and foreign 

particles. 

• Be placed on a stable base. 

• Has a permeability less than or equal to 1 x 10-12cm/sec or its equivalent. 
74

• Be seamed in a manner that does not adversely affect any property of the 

membrane.” 

53. 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.” 

54. 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" 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.” 

55. 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 which shall compare 

and evaluate the proposed equivalent design with the requirements of the appropriate 

class and shall state his reasons for approving the proposed equivalent design. This 

written report shall be made available to the public prior to the public hearing required 

by 40 CFR 270.10(c) and 40 CFR 124.10(b).” 

56. Add as 264.301(t) “Class I Landfills may not accept "Type 6 - Extremely Hazardous 

Waste", "Type 2A - Highly Reactive Waste", and "Type 3A - Highly Flammable 

Waste". ” 

57. Add as 264.301(u) “Class II Landfills may not accept "Type 6 - Extremely Hazardous 

Waste", "Type 1A - Highly Toxic Waste", "Type 2A - Highly Reactive Waste", "Type 

2B - Moderately Reactive Waste", "Type 3A - Highly Flammable Waste", "Type 3B - 

Moderately Flammable Waste", and "Type 5 - Rhode Island Special Waste". ” 

58. Add as 264.301(v) “Class III Landfills may not accept "Type 6 - Extremely Hazardous 

Waste", "Type 1A - Highly Toxic Waste", "Type 1B - Moderately Toxic Waste", 

"Type 2A - Highly Reactive Waste", "Type 2B - Moderately Reactive Waste", "Type 

3A - Highly Flammable Waste", "Type 3B - Moderately Flammable Waste", and 

"Type 5 - Rhode Island Special Waste". ” 

59. In 264.313 delete “, unless 264.17(b) is complied with” 

60. 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. 

61. Delete 264.149 and 264.150 (not applicable in authorized States). 

62. Delete 264 Appendix VI (not applicable in Rhode Island due to absence of such 

earthquake fault lines). 

63. 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. 

64. Revise 264.1101(c)(4) to read “Inspect and record in the facility’s operating record, at 

least once every seven days. 
75

9.0-12.0 RESERVED 

13.0 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 of these regulations, 

F. Silver- containing photo fixing solutions as described in Rule 13.3 of these regulations 

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 3.0 of these Rules, which have 

become wastes, as defined in Rule 3.0 of these Rules. Used Electronics wastes must be 

managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous 

characteristic. 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. 

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 3.0 of these Rules, which have become wastes, as defined in Rule 3.0 of these 

Rules, when the wastes are hazardous wastes. 

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 silvercontaining photo fixing solutions: 
76

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 section (Rule 13). 

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"). 

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 must 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”. 
77

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 must 

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 must 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, 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 must be managed as a hazardous waste 

(See definition of PCB Waste- R007 in Section 3) in accordance with Rules 3-

8 of these Regulations.

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 

5.0, and who handle wastes of the types described in the “Universal Waste” definition 

in Rule 3.0, shall either handle those wastes in compliance with all requirements 

applicable to hazardous waste generators as provided in Rule 5.0 or shall handle those 

wastes as universal wastes per the requirements of this part. 

2. Persons who reside in single family or multiple family residences and who generate 

household waste as defined in 40 CFR 261.4(b)(1) and who: 

(a) generate and dispose of non-business waste consisting of waste batteries 

(except for waste nickel-cadmium, mercuric oxide, and lead acid dry cell 

batteries), waste pesticides, waste lamps, and/or waste silver-containing photo 

fixing solutions as described in the “Universal Waste” definition in Rule 3.0 

shall either handle those wastes as non-hazardous solid wastes or as universal 

wastes per the requirements of this part. 
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(b) generate and dispose of waste consisting of certain dry cell batteries (i.e., waste 

nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), used 

electronics, and/or waste mercury-containing equipment as described in the 

“Universal Waste ” definition in Rule 3.0 shall either dispose of these wastes as 

universal waste per the requirements of this part or as household hazardous 

waste (if a household hazardous waste collection program for these types of 

waste is available in the State). This satisfies the solid waste disposal ban in 

RIGL 23-60.1, 23-24.10, and 23-24.9. Any wastes of these types generated as 

part of a business located in a household must be managed as universal waste or 

hazardous waste (not household hazardous waste) and therefore the household 

hazardous waste collection program does not apply to such business wastes. 

3. Persons who are federal conditionally exempt small quantity generators as defined in 

40 CFR 261.5 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 3.0 

shall either handle those wastes in compliance with the requirements of 40 CFR 

261.5 or shall handle those wastes as universal wastes per the requirements of 

this part. 

(b) generate and dispose of certain waste dry cell batteries (i.e., waste nickelcadmium, 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 3.0 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. 

4. Persons who commingle regulated universal wastes with wastes of the types described 

in the “Universal Waste” definition in Rule 3.0 from households or from federal 

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 

3.0 definition of “Large Quantity Handler of Universal Waste”. 

2. Replace the definition of “Small Quantity Handler of Universal Waste” with the Rule 

3.0 definition of “Small Quantity Handler of Universal Waste”. 

3. Add to the definition of “Universal Waste” “(5) Used electronics as defined in these 

Rules.” 
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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 engages in the disassembly or demanufacturing of used electronics: 

(1) for the purpose of marketing, reselling, reusing or recycling the components of a 

used electronic device; (2) without treating the device or any component thereof; and 

(3) without breaking the cathode ray tube, if any, in any such device, shall be 

considered a small quantity handler of universal waste or a large quantity handler of 

universal waste, as appropriate and shall not be considered a destination facility. A 

facility that shreds, crushes, heats, or otherwise treats a used electronic device or an 

component thereof, or that breaks the cathode ray tube in any used electronic device, 

shall be considered a destination facility.” 

G. 40 CFR 273.11 – Prohibitions. The provisions are incorporated by reference with the 

following changes: 

1. add “(c) Prohibited from crushing or intentionally breaking universal waste.” 

2. add “(d) Prohibited from managing a significant number of broken items of universal 

waste of any given type on any day as universal waste. An insignificant number of 

items of unintentionally broken waste may be managed as universal waste, provided 

that they are immediately managed to prevent releases of any universal waste or 

component of universal waste to the environment, per the requirements of these 

universal waste regulations.” For the purposes of these regulations, physical 

breakage of one item or less than10% of the total items 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 must manage 

used electronics in a way that prevents releases of any universal waste or component 

of a universal waste to the environment, as follows: 

(1) 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. 

(2) A small quantity handler of universal waste must 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 must be closed, 

structurally sound, compatible with the contents of the cathode ray 

tube(s)and other used electronics, and must lack evidence of breakage, 
80

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 must 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”. 

(3) A small quantity handler of universal waste may conduct the following 

activities: 

(a) Sorting display devices/cathode ray tubes or other used electronics by 

 type. 

(b) Managing different types of display devices/cathode ray tubes or other 

used electronics in the same container. 

(c) Testing display devices/cathode ray tubes or other used electronics to 

determine if they are capable of being returned to service. 

(d) Removing cathode ray tubes or other used electronics from display 

device casings. 

(e) 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. 

(f) A small quantity handler of universal waste shall not conduct any of 

the following activities: 

(i) Breaking of cathode ray tubes in used electronic devices. 

(ii) Shredding, crushing, heating, or otherwise treating used electronics 

or any component thereof. 

(g) 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 must 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 

which may occur during disassembly operations; 

(iv) Segregates and transfers the disassembled electronic components 

to containers that meet the requirements of Rule 13. 5E1(e)(2) 

above. 
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(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 must 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 must be contained in one or more of the following: 

(1) A container that remains closed, structurally sound, compatible with the silvercontaining photo fixing solutions, and that lacks evidence of leakage, spillage, or 

damage that could cause leakage under reasonably foreseeable conditions; or 

(2) A container that does not meet the requirements of paragraph (f)(1) of this 

Section, provided that the unacceptable container is overpacked in a container 

that does meet the requirements of paragraph (f)(1) of this Section; or 

(3) A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 

CFR 265.197(c), 265.200, and 265.201; or 

(4) 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 273.13(c)(4)(iii) and replace with “ (iii) if the mercury, residues, and/or 

other solid waste is not a characteristic hazardous waste, such waste must 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 electronics devices or containers of used electronic devices must be 

clearly labeled (or clearly marked) as follows: 

(1) Cathode ray tubes must 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)”. 

(2) Other used electronics devices (that are not cathode ray tubes) must be labeled 

with one of the following phrases: “Universal Waste- “Used Electronic Devices 

not containing CRTs”. 
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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 must 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: 

1. 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 crushing or intentionally breaking universal waste.” 

2. add “(d) Prohibited from managing a significant number of broken items of universal waste 

of any given type on any day as universal waste. An insignificant number of items of 

unintentionally broken waste may be managed as universal waste, provided that they are 

immediately managed to prevent releases of any universal waste or component of universal 

waste to the environment, per the requirements of these universal waste regulations . For the 

purposes of these regulations, physical breakage of one item or less than 10% of the total items 

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 equipment, lamps, used electronics, and silvercontaining 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 must manage used 

electronics in a way that prevents releases of any universal waste or component of a 

universal waste to the environment, as follows: 

(1) 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 
83

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. 

(2) A large quantity handler of universal waste must 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 must 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 must 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”. 

(3) 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. 

(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. 

(4) A large quantity handler of universal waste shall not conduct any of the following 

activities: 

(i) Breaking of cathode ray tubes in used electronic devices. 

(ii)Shredding, crushing, heating, or otherwise treating used electronics or any 

component thereof. 

(5) 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 must 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; 
84

(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 which may occur 

during disassembly operations; 

(iv)Segregates and transfers the disassembled electronic components to containers 

that meet the requirements of Rule 13. 5M1(e)(2) above. 

(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 large quantity 

handler of universal waste must 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 must be contained in one or more of the following: 

(1) A container that remains closed, structurally sound compatible with the silvercontaining photo fixing solutions, and that lacks evidence of leakage, spillage, or 

damage that could cause leakage under reasonably foreseeable conditions; or 

(2) A container that does not meet the requirements of paragraph (f)(1) of this Section, 

provided that the unacceptable container is overpacked in a container that does meet 

the requirements of paragraph (f)(1) of this Section; or 

(3) A tank that meets the requirements of 40 CFR part 265 subpart j, except for 40 CFR 

265.197(c), 265.200, and 265.201; or 

(4) 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, residues, and/or 

other solid waste is not a characteristic hazardous waste, such waste must still be handled as 

universal waste (or hazardous waste) and not as solid 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”.” 

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 must be clearly 

labeled (or clearly marked) as follows: 

(1) Cathode ray tubes must 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)”. 
85

(2) Other used electronics devices (that are not cathode ray tubes) must 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 in 

which used universal waste silver-containing photo fixing solutions as described in Rule 13.3 

are contained must be labeled or marked clearly with the words “Universal Waste- SilverContaining 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 crushing or intentionally breaking universal waste.” 

2. add “(d) Prohibited from managing a significant number of broken items of 

universal waste of any given type in a transportation unit as universal waste. An 

insignificant number of unintentionally broken waste in a transportation unit may be 

managed as universal waste, provided that they are immediately managed to 

prevent releases of any universal waste or component of universal waste to the 

environment, per the requirements of these universal waste regulations. ” For the 

purposes of these regulations, physical breakage of one item or less than 10% of the 

total items 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 and 8,” 

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”. 
86

14.0 MIXED WASTE 

 These rules apply to Mixed Waste as defined in Rule 3.0. 

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”. 

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. 

15.0 USED OIL MANAGEMENT STANDARDS. 

15.1 Purpose and Applicability

This Rule provides an alternative to managing used oil as hazardous waste under Rules 5-8; 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 3.0, that is to be reused, 

reclaimed, processed, re-refined or burned for energy recovery is subject to the requirements of 

Rule 15.0. 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, which must be evaluated to 

determine if the used oil is subject to regulation as a hazardous waste in accordance with Rule 5.8 

(Determination). Used oil that does not meet the definition of a hazardous waste and is not 

managed in accordance with Rule 15.0 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 3.0 

or in 40 CFR 261 Subpart C is subject to Rule 15.0 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, orthodichlorobenzene, trichlorofluoromethane or 1,1,2-trichloroethane. To rebut the 
87

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 5.8 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 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 15.4. 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 flammability 

contained in Rule 3.0 are subject to this Rule and may be managed accordingly if: 

1. The resultant mixture does not exhibit any characteristics of hazardous waste 

identified in 40 CFR 261 Subpart C, and 

2. The resultant mixture does not exhibit the characteristic of flammability as 

defined in Rule 3.0. 

Mixtures of used oil and flammable hazardous waste that do not meet the criteria listed 

in Rule 15.1(C)(1) and (2) are not subject to this Rule and shall be managed in 

accordance with Rule 5.8. Mixtures of used oil and waste that is hazardous because it 

exhibits a characteristic, other than flammability, shall be managed in accordance with 

the requirements of Rule 5.8. 

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 5.8 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 15.0. 
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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 15.0 or Rules 1.0 through and including 8.0 and 

17.0 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; 

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 15.0 or 

Rules 1.0 through and including 8.0 and 17.0 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 15.0. 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 15.0. 

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 5.8. 

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 15.0. 

H. Used oil produced on vessels from shipboard operations is not subject to Rule 15.0 

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 15.0. Used oil containing PCBs at levels of 
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50 ppm or greater are hazardous wastes as defined in Rule 3.0 and shall be managed in 

accordance with Rules 1.0-8.0 and 17.0. 

J. Household used oil generators are exempt from the provisions of Rule 15.0. 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/rerefiners 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 onsite 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 onsite 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 15.0; unless the used oil is being managed as a hazardous waste in accordance 

with the requirements of Rules 5.0 and 6.0. 
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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 3.0. 

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 section. 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 offspecification used oil shall comply with the following requirements: 

1. The used oil burner only burns used oil that is generated onsite 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 onsite 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 onsite with 

virgin oil or specification used oil for the purposes of burning used oil onsite 

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 15.0 of the Hazardous 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. 
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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 onsite with 

virgin oil or specification used oil for the purposes of burning used oil onsite 

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; 

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 15.0 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; 

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 onsite with 

virgin oil or specification used oil for the purposes of burning used oil onsite 
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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; 

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

A B C

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 

(see section 15.3(E)(3)) 

Flash Point 100 Degrees F minimum EPA Methods 1010 or 

1020A 

Total Halogens 1,000 ppm maximum 

(see section 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: 

1. Storage Units. Used oil burners shall not store used oil in units other than tanks 

and containers. 
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2. Condition of Storage Units. Containers and aboveground storage tanks used to 

store used oil onsite 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 onsite 

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. 

7. Response to releases. Upon detection of a release of used oil a used oil burner 

shall perform the following: 
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(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. 

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. 

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 section. 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 onsite 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: 
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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 5.2 

and maintains the plan onsite for use in case of a fire spill or emergency; 

(b) Does not store the excess used oil (amount greater than 1,320 gallons) onsite 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. 

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 and managed in accordance with the Department’s Oil Pollution 

Control Regulations; 

2. The total amount of used oil stored in the ASTs shall not exceed two thousand 

(2,000) gallons at any time; 

3. Aboveground storage tanks holding used oil shall be permanently marked with the 

words “Used Oil”; and 

4. 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. 
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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 onsite 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; 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 section (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; 

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 sections (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 6.0. 
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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 3.0. 

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 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 offsite for 

processing or burning for a period of at least three years which 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. 
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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 

15.0. 

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 section applies to owners or operators of all used oil aggregation 

points as defined in Rule 3.0. 

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 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 section applies to owners or operators of used oil collection centers 

as defined in Rule 3.0. 

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. 
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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 3.0. 

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. 

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 6.9 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 6.1, 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. 
101

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 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, and for transporting over water give notice as required by 33 CFR 

153.203; 
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(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. 

(a) Used oil transporters shall keep a record of each used oil shipment accepted 

for transport for a period of at least three years which 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 which 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 
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seventy-two hours prior to offsite 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 onsite 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. 

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. 
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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 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 which 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. 
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14. Condition of Storage Units. Containers and aboveground storage tanks used to 

store used oil at used oil temporary storage 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. 

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; 

(d) Repair or replace any leaking or damaged storage units prior to returning 

them to service; and 
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(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. 

(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. 

(a) 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 offsite 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 3.0. 

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 offspecification used oil with virgin or specification used oil for the purposes of 

burning. 

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; 
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(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/rerefiner 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 onsite and the 

processing and or recycling activities that will be conducted onsite; 

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. 
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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 onsite 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 follow the procedures set forth in Rule 7for 

processing these applications and shall substitute the words “used oil processing/rerefining 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 Rule7. 

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, groundwater or surface 

water which 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; 
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(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 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 must document the refusal in its operating record. 
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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 section 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 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 onsite 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. 
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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 onsite 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 areal 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; 

(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 must 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. 
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(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 which 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; 

(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: 
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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. 

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 3.0 that 

store used oil onsite 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 

3.0. 

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; 
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(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. 

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. 
115

(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 7of 

these rules and regulations. Owner or operators choosing the trust fund option 

described in 40 CFR 264.143(a) shall, for new 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 which 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 which 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. 
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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 sections 

15.8(R) & (S); and 

(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 3.0. 

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. 
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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. 

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 which 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. 
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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 which 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. 

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. 

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)

16.0 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, which 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. 
119

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”. 

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 must be in writing and must 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 must 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, which 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, which is incorporated by reference. 
120

 

17.0 APPEALS AND PENALTIES 

17.1 Enforcement Action Appeals: All requests for an adjudicatory hearing must be in writing 

and must be filed with the clerk of the Administrative Adjudication Division within twenty 

(20) days of receipt of the contested enforcement action. 

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. 
121

APPENDIX 1 - ACUTE ORAL LD50 (RATS) 

Young albino rats derived from Sprague-Dawley stock are used as test animals. All animals are kept 

under observation for five days prior to experimental use, during which period they are checked for 

general health and suitability as test animals. The animals are housed in stock cages and are permitted 

a standard laboratory diet plus water ad libitum, except during the sixteen hour period immediately 

prior to oral intubation when food was withheld. 

Initial screening is conducted in order to determine the general level of toxicity of the test material. 

Selected groups of albino rats are administered the test material at several dose levels. All doses are 

administered directly into the stomachs of the rats using a hypodermic syringe equipped with a balltipped intubating needle. 

After oral administration of the test material, the rats are housed individually in suspended, wire mesh 

cages and observed for the following fourteen days. Initial and final body weights, mortalities, and 

reactions are recorded. A necropsy examination is conducted on all animals. 

At the end of the observation period, the acute oral median lethal dose (LD50 of the test material is 

calculated, if possible, using the techniques of Weil, Thompson, or Thompson and Weil (see below). 

The test material is then assigned a classification in accordance with Harold C. Hodge (see below). 

Weil, Carrol S., "Tables for Convenient Calculation of Median - Effective Dose (LD50 or ED50) and 

Instructions for Their Use", Biometrics, September 1952. 

Thompson, William R., "Use of Moving Averages and Interpolation to Estimate Median - Effective 

Dose", Bacteria Review, November 1947. 

Thompson, William R. and Carrol S. Weil, "On the Construction of Tables for Moving Average 

Interpolation", Biometrics, March 1952. 

Hodge, Harold C., "The LD50 and Its Value", American Perfumer and Cosmetics, 1965. 
122

APPENDIX II - OSHA Industrial Chemicals with Serious Cumulative Effects 

as of 2 April 1979

2-Acetylene Tetrabromide* Acrylamide 

Allyl Chloride Antimony compounds* 

Anisidine Benzyl chloride 

Bromoform (Tribromo-methane)* Butylamine 

tert-Butyl chromate n-Butyl glycidyl ether (BGE) 

Calcium cyanamide Carbon tetrabromide 

CatecholR (Pyrocatechol)* ChlordaneR

Chlorinated camphene (skin) Chlorinated diphenyl oxide 

Chlorobenzene (monochlorobenzene) Chlorobromomethane 

Chlorodiphenyl o-Chlorostyrene 

Coal tar pitch CragR (1,3-Bis(2,2,2-trichloro-1-

hydroxyethyl)) 

Cyclohexanol Cyclohexanone 

Cyclohexene Cyclohexylamine (skin) 

2-n-Dibutyl aminoethanol p-Dichlorobenzene 

1,2-Dichloroethylene Dichloroethyl ether (skin) 

Dichloromonofluoromethane (F21) Dicyclopentadiene (Bicyclopentadiene) 

Diethylamine Difluorodibromomethane 

Diglycidyl ether (DGE) Dimethylamine 

Dimethylformamide o-Dinitrocresol 

3,5-o-Dinitrotoluamide (ZoaleneR) 

(Dinitrobenzamide) 

Dinitrotoluene Disulfiram* 

Endosulfan (ThiodanR)* Epichlorohydrin 

Ethanolamine 2-Ethoxyethyl acetate 

Ethyl bromide Ethylenediamine 

Ethylene glycol dinitrate Ethylene oxide 

Ethyl silicate FerbamR

Fluorine (gas) Formamide 

Hafnium Heptachlor 

Hexachlorocyclopentadiene Hexachloroethane* 

Hexachloronaphthalene Hydrogenated terphenyls 

Hydrogen fluoride Hydrogen selenide 

Hydroquinone Indene (Indonaphthene) 

Maleic anhydride Manganese cyclopentadienyl tricarbonyl 

Mercury and mercuric compounds* Methoxychlor* 

Methyl acrylate (acrylic acid, methyl ester) Methylal 

Methyl cellosolve and acetate Methyl chloride 

Methylcyclohexanol Methylcyclopentadienyl manganese 

tricarbonyl 
123

Methylene bisphenyl isocyanate Methyl ethyl ketone peroxide 

Methyl iodide Methyl isocyanate 

Methyl silicate Molybdenum* 

Monomethyl aniline Morpholine 

Naphthalene* Nitrogen trifluoride* 

2-Nitropropane Nitrotoluene 

Octachloronaphthalene Oxygen difluoride (gas) 

Pentachloronaphthalene Perchloroethylene (Tetrachloroethylene) 

Perchloryl fluoride p-Phenylene diamine 

Phenyl ether Phenylhydrazine 

Phenylphosphine Phosphorous trichloride 

Picric acid (dry) PivalR

Platinum* Propylene dichloride 

Propylene oxide n-Propyl nitrate 

Pyridine Quinone 

ResorcinolR RotenoneR* 

Sulfuryl fluoride Tellurium* 

1,1,2,2-Tetrachloroethane Tetrachloronaphthalene 

Tetraethyl lead Tetramethyl lead 

Tetranitromethane* Tetryl 

Tin, organic compounds 1,1,2-Trichloroethane 

Trichloronaphthalene 1,2,3-Trichloropropane 

Uranium Vinyl bromide 

Vinyl cyclohexene dioxide Vinylidene Chloride* 

Xylidine WarfarinR

*in solution 
124

APPENDIX III – Sample Manifest Form (EPA Form 8700-22) 
125

Sample Manifest Continuation Sheet (EPA Form 8700-22a) 
126

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 ____________, 2010, 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. 

_______________________________ 

W. Michael Sullivan, Director 

Department of Environmental Management 

Notice given on: January 28, 2010

Public Hearing held on: March 18, 2010

Filing Date: ________________

Effective Date: ________________

Hwdemowm-hw10-01.doc