### FACT SHEET REGARDING CHANGES TO RULES AND REGULATIONS FOR HAZARDOUS WAS TE MANAGEMENT EFFECTIVE FEBRUARY 10, 2014

These regulations are the state equivalent of th e federal Resource Conservation and Recovery Act Regulations (40 CFR 260-299 commonly known as RCRA). These regulations govern hazardous waste generated by businesses (private households ar e exempt) from cradle to grave. The goal is to track and properly manage hazardous waste to minimize release to the environment or the endangerment of workers.

The driving force behind the revision of the 2010 regulations was the need to comply with the legislative statute on paint waste 23-24.12. The 2014 regulations create a framework that allows new categories of facilities (paint collection cente rs and community collection centers) to collect hazardous waste from conditionally exempt small qua ntity generators. The new regulations also provide regulatory relief to small businesses by a llowing them more flexibility in managing their waste by recognizing small quantity and conditionall y exempt small quantity generator status.

The regulations can be found at: http://www.dem.ri.gov/pubs/regs/regs/waste/hwregs14.pdf

Specific changes are discussed below. For more information, please contact Mark Dennen

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RULE 2: ORGANIZATION AND METHOD OF OPERATIONS

1. Previous incorporation of federal rules referenced very broadly the federal RCRA Regulations. In some cases, these broa d incorporations were contradicted by specific standards, particularly in Rule 5 (generators), making the regulations very difficult to interpret. Incorporations were changed to be more precise about what section of RCRA are and are not incorporat ed, and where possible, to spell out the requirements. 2. Updated definitions were added from EP A regulations either not adopted or modified in these rules. Also some in corporations statements were changed to accommodate changes in other se ction incorporated below. 3. New EPA rule that takes effect in January of 2014 for solvent wipes when laundered was incorporated. It was al so stated that the new rule for disposable wipes was not adopted.

RULE 3: DEFINITIONS

4. Addition of the following definitions:

• Architectural paint

• Community Collection Center• Designated Facility

• Evaporation unit

• Household hazardous waste facility

• Household hazardous waste pharmaceuticals

• Large Quantity (LQG), Small Quantity SQG) and Conditionally Exempt Small Quantity (CESQG) Generators of Hazardous waste

• Paint Collection Center

• Totally enclosed treatment unit

• Wastewater treatment unit

5. Update of definitions of new and existing tanks for consistency with federal requirements. 6. Definition of Hazardous Waste was modifi ed to incorporate new federal rule regarding solvent contaminat ed wipes that are laundered. 7. Definition of Rhode Island Hazardous Waste was modified in 2 ways:

a. Deletion of some vague and diffi cult categories of Rhode Island Hazardous Waste such as “slightly toxi c waste”. Along with this change definition of Waste LD 50 was eliminated. b. Specific addition of waste chemothe rapy agents and mercury containing waste to existing definitions of Rhode Island Hazardous Waste. 8. Definition of generator revised to clarif y that person taking possession of property where hazardous waste is stored is classified as a Generator. 9. Incorporation of Federal EPA and DOT rules was updated to reflect 2013 rules.

RULE 5: GENERATORS

10. Rule was extensively re-written to separa tely list out standards for LQG’s, SQG’s and CESQG’s. Previous rules did not r ecognize federal generator status and all generators were more or less treated as LQG‘s with the exception of biennial reporting was only required for LQG’s. 11. Rule exempts household pharmaceuticals from regulations that are collected in drug take back events. The Department does not want to disc ourage this activity by creating confusing jurisd ictional issues between DEA controlled substances requirements and hazardous waste rules for household waste. 12. Rule 5.1: Specific reference made to federa l exemptions that are not adopted: or are only adopted with certain limitations including:• Exclusion for Hazardous Secondary Mate rials in 40 CFR 261.2 is not rec

• Lab Sinks Rule (40 CFR 262 Subpart K)

• The scrap metal exclusion of 40 CF R 261.4(a)(13) and the circuit board exclusion of 261.4(a)(14)

• Petroleum Contaminated Media Exem ption regarding corrective action under UST, in 40 C.F.R. 261.4(b)(10).

• Disposal of solvent contaminated wipes proposed by USEPA as 40 CFR 261.4(b)(18)

• Ocean Disposal Allowance under MPRSA in 40 C.F.R. 264.1(c), 265.1(c)(1), and 270.60(a). . 13. Rule 5.1: Specific reference made to federal exemptions that are significantly restricted in RI:

• CRT exclusions in 40 CFR 261.4(a)(22), 261.39, 261.40, and 261.41.

• CESQG exclusion in 40 C.F.R. 261.5.

• Injection Well Allowance under UIC in 40 C.F.R. 264.1(d) and 270.1(c)(1)(i).

• The federal wastewater exemption

• Manufactured gas plant waste ex emption in 40 CFR 261.24(a). 14. Rule 5.1: It is more clearly spelled out that Household Hazardous Waste Facilities are considered generators in these rules. 15. Rule 5.2: Exemptions for treatment in to tally enclosed units, evaporator units, wastewater treatment units and under emerge ncy permits is speci fically spelled in the generator section as opposed to relyi ng on incorporation by reference in rules governing treatment facilities.

RULE 6: TRANSPORTERS

16. Rule 6.2: Addition of exemption allowi ng CESQGs to self transport their own hazardous waste. 17. Rule 6: Temporary transfer stations sta ndards were moved to Rule 9 as explained below. 18. Rule 6.16 was amended to include the stat utory citation prohibiting persons from person obstructing or hindering inspections. 19. Clarification was made th at non-hazardous waste is not subject to hazardous waste fee.

RULE 7: FACILITY PERMITTING

20. Rule 7A was amended to reference treatment by generators allowed in Rules 5 (generators) and Rule 16 (corrective ac tion). Rule 7A was also amended to reference storage allowed in Rule 9 (temporary transfer facilities). 21. Rule 7B (77): Addition of standa rd to allow underground injection for remediation projects. 22. Rules for exempt treatment of generators were moved to Rule 5 as previously explained.23. Rule 7B incorporation statements were modified to reflect recognition of SQG and CESQG status in Rule 5 and other changes in these rules. 24. The statement “In 270.15(c) replace the wo rd “ignitable” with “flammable”.” was deleted. Also in this section and subs equent sections, flammable was replaced with ignitable.

RULE 8: FACILITY OPERATIONS STANDARDS

25. 8.1(A)(54-55) Clarification that dispos al of hazardous waste is prohibited at certain landfills.

RULE 9: TEMPORARY TRANSFER STATIONS

26. Standards for Temporary Transfer Stati ons were moved out of Section 6.14 and into their own section for clarity.

RULE 10: REQUIREMENTS FOR CO MMUNITY COLLECTION CENTERS AND PAINT COLLECTION CENTERS

27. These new categories of facility and ope rating standards established to allow collection of hazardous waste from house holds and CESQG’s at facilities not needing a full RCRA Facility permits.

RULE 11: REQUIREMENTS FOR CIRCUIT BOARD RECYLING OPERATIONS

28. New category of facility and operating standards established to allow an activity that was previously only allowed for facilities with a full RCRA Facility permit.

RULE 13: UNIVERSAL WASTE

29. Rule 13.4E: addition of federal requ irement for export quoted below:

Handlers and transporters that export universal waste ar e subject to the export requirements of 40 CFR 273.20 (small quant ity handlers), 40 CFR 273.40 (large quantity handlers) or 40 CFR 273.56 (transporters) as applicable.

30. 13.5H: Modification to reference new Ru le 11 requirements for circuit board recycling. 31. Changes to 13.5(H)(1)(f)(4)(v) thro ugh 13.5(M)(1)(f) are intended only as formatting changes.

RULE 15: USED OIL32. Rule 15.4(A)(5): added requirement that used oil containers be kept closed except when adding or removing oil. 33. Requirements for flammability were change d to ignitability for consistency with changes to Rule 3. 34. Rule 15: The following requirement was deleted, as it unin tentionally cause numerous facilities to be out of compliance. The total amount of used oil stored in the ASTs shall not exceed two thousand (2,000) gallons at any time;

35. Clarification in Rule 15.1 indicating us ed oil mixed with hazardous waste is regulated under Rule 5 (generators). 36. Rule 15.4(B)(1) has been revised to i ndicate that Above Ground Storage Tanks that store used oil but follow the Department’s Oil Pollution Control Regulations.