Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 10 - HAZARDOUS WASTE › Part 1 - Rules and Regulations for Hazardous Waste Management › Section 250-RICR-140-10-1.10 - Operational Requirements for Treatment, Storage and Disposal Facilities

Current through June 14, 2024
1.10.1
Applicability:
This rule shall apply to Treatment, Storage and Disposal
					 Facilities. This rule does not apply to facilities that operate in accordance
					 with §
											1.11 of this Part as
					 Temporary Transfer and Storage Facilities.
1.10.2
Incorporation of Federal
				  Regulations regarding Treatment, Storage and Disposal Facilities
A. 40 C.F.R. Part 264 is incorporated by
				  reference in its entirety except as provided below, and except as provided in
				  §
											1.17
				  of this Part and except as otherwise noted in this Part:
1. Delete
				  40 C.F.R. §§
													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
				  40 C.F.R. §
													264.1(g)(3) and replace with
				  "A generator accumulating hazardous waste on-site in accordance with §
												1.7 of this Part.
3. Delete
				  40 C.F.R. §
													264.1(f), since the State of
				  Rhode Island rather than the EPA is directly operating the RCRA program in
				  Rhode Island. However, the Part 264 requirements do apply in Rhode Island
				  because they have been incorporated by reference by these Rules and
				  Regulations, with exceptions as noted.
4. Add as
				  40 C.F.R. §§
													264.1(g)(5)(i),
				  264.1(g)(6)(i),
				  and 264.1(g)(10)(i)"Operations
				  shall be carried out in a system where equipment has been designed, engineered,
				  and constructed so as to protect human health and the environment, and so as to
				  comply with all requirements within OSHA standards."
5. Delete existing language in
				  40 C.F.R. §
													264.1(g)(6), and replace
				  with the following: "The owner or operator of an elementary neutralization unit
				  as defined in 40 C.F.R.
				  §
													260.10. Also, the owner and operator
				  of a wastewater treatment unit provided that all of the following conditions
				  are met:
a. The unit receives and treats or
				  stores an influent wastewater that is a hazardous waste or generates and
				  accumulates a wastewater treatment sludge that is a hazardous waste as defined
				  in these Rhode Island Hazardous Waste Regulations or treats or stores a
				  wastewater treatment sludge that is a hazardous waste, and
b. The unit is being used to legitimately
				  treat only wastewater, as defined at 47 Fed. Reg. 4706 (Feb. 2, 1982). (Note:
				  concentrated hazardous wastes are not covered by this exemption. The disposal
				  of concentrated hazardous waste down the drain is prohibited), and
c. The unit is a tank or tank system as
				  defined in 40 C.F.R. §
														260.10 (e.g., wastewaters when stored or
				  transported in containers are not covered by the exemption), and
d. The unit has a current ongoing discharge
				  to surface waters or the sewers that is on-site and is subject to regulation
				  under §§402 or 307(b) of the Federal Clean Water Act and R.I. Gen.
				  Laws §
													46-12-5 (e.g., zero discharge
				  units such as evaporators are not covered by this exemption, but rather shall
				  comply with the RCRA requirements for generators or Treatment, Storage and
				  Disposal Facilities, as applicable, in addition to any requirements specified
				  in any permit issued by a water program by the Department's Office of Water
				  Resources or a publicly owned treatment facility), and
e. The unit has been specifically described
				  in a water permit application (e.g., in a schematic diagram) and specifically
				  referenced in a water permit as being part of the facilities subject to
				  regulation under the Federal Clean Water Act and R.I. Gen. Laws §
													46-12-5 (e.g., tanks used to store
				  hazardous wastewaters or sludges not covered by a water permit application and
				  permit are not covered by this exemption). Provided that if the owner or
				  operator of either an elementary neutralization unit or a wastewater treatment
				  unit is diluting hazardous ignitable (D001) wastes (other than the D001 High
				  TOC Subcategory defined 40
				  C.F.R. §
														268.40, Table Treatment
				  Standards for Hazardous Wastes), or reactive (D003) waste, to remove the
				  characteristic before land disposal, the owner/operator shall comply with the
				  requirements set out in 40
				  C.F.R §
														264.17(b).
				  Provided also that any sludge or other waste materials generated from an
				  elementary neutralization unit or a wastewater treatment unit shall be managed
				  as a hazardous waste if such sludge or waste material meets the criteria of a
				  hazardous waste. The full hazardous waste regulations apply to such sludge or
				  other waste material when it leaves the elementary neutralization unit or
				  wastewater treatment unit, e.g., when a sludge is stored in containers on-site.
				  For zero discharge units, the hazardous waste requirements apply both to any
				  hazardous wastewaters and to hazardous sludges, when either is
				  generated."
6. In
				  40 C.F.R. §
													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 §
												1.11 of this
				  Part."
7. In
				  40 C.F.R. §
													264.1(g)(11)(iii) delete
				  "and".
8. Add
				  40 C.F.R. §
													264.1(g)(11)(v)"Used
				  electronics as described in §1.14.2 of this Part."
9. Add
				  40 C.F.R. §
													264.1(g)(11)(vi)"Silver-containing
				  photo fixing solutions as described in §1.15.3 of this Part."
10. In
				  40 C.F.R. §
													264.1(j)(7) replace
				  "264.18(b)" with "264.18(b), except for 264.18(b)(1)(ii), including (A) -
				  (D)".
11. Add to
				  40 C.F.R. §
													264.10 the sub-paragraph "(c) Owners and
				  operators of facilities that each initiate a hazardous waste shipment shall
				  also comply with waste shipment requirements of §1.7.1 through 1.7.12 of
				  this Part."
12. Add to
				  40 C.F.R. §
													264.10 the sub-paragraph "(d) In addition to
				  these General Facility Standards, the permittee shall also have a general duty
				  to at all times properly operate and maintain the facility. This includes
				  adequate staffing, training, laboratory and process controls and adequate
				  back-up systems where necessary."
13. In
				  40 C.F.R. §
													264.12(a)(1) after "Regional
				  Administrator" add: "and the Director"; also in the last sentence of paragraph
				  (a)(1) in 40 C.F.R. §
													264.2(a)(1) after "source"
				  add "to the Regional Administrator" and after "not required" add: "but is
				  required to be sent to the Director at least four weeks in advance of the
				  expected arrival date at the facility".
14. In
				  40 C.F.R. §
													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 C.F.R. §
													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. Delete
				  40 C.F.R. §
													264.13(b)(8).
15. In
				  40 C.F.R. §
													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
				  40 C.F.R. §
													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".
16.
				  Delete 40 C.F.R. §
													264.15(b)(5).
17. Delete
				  40 C.F.R. §
													264.18(a).
18. Delete
				  40 C.F.R. §
													264.18(b)(1)(ii) including
				  its paragraphs (A) - (D) and in
				  40 C.F.R. §
													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".
19. In
				  40 C.F.R. §
													264.56(g) add, after the
				  word "chapter", "and in accordance with §§
												1.8 and
				  1.9 of this Part".
20. In
				  40 C.F.R. §
													264.70(a) replace
				  "§264.1 provides otherwise" with "those portions of §264.1 adopted by
				  the Department provide otherwise".
21. In
				  40 C.F.R. §
													264.71 add an introductory paragraph
				  immediately prior to paragraph (a); "Except for facilities exempted by
				  §264.70 and except for facilities subject to §264.71(b) [receiving
				  waste that must at least be accompanied by a shipping paper in lieu of a
				  manifest], the facility owner or operator shall not accept any hazardous waste
				  without a completed Manifest. All waste required to be manifested shall employ
				  use of the federal manifest forms. These manifest requirements also pertain to
				  manifests received by the facility from the 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.
22. In
				  40 C.F.R. §
													264.71(a) add a
				  sub-paragraph; "(2)(vi) Send a copy of the signed manifest to the Department
				  and to the state where the waste was generated (if required by that state),
				  within five days of receipt of the waste at the facility (or sooner if required
				  by another state). All facilities, whether they mail copies of individual
				  manifests or submit individual manifest information electronically, shall also
				  submit to the Department a quarterly report for all manifests received in that
				  quarter in an electronic format acceptable to the Department. This submission
				  shall include a written signed statement attesting to the accuracy and
				  completeness of the information. This quarterly report shall include the
				  following data for each manifest:
a. Manifest
				  number
b. Generator EPA ID
				  Number
c. Generator Name
d. Transporter(s) EPA ID Number
e. Transporter(s) Name
f. Waste Codes
g. Waste Description
h. Waste Quantity
i. Date of Generation
23. In
				  40 C.F.R. §
													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
				  (5) 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 (5) 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 (5) 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:
a. Manifest number
b. Generator EPA ID Number
c. Generator Name
d. Transporter(s) EPA ID Number
e. Transporter(s) Name
f. Waste Codes
g. Waste Description
h. Waste Quantity
i. Date of Generation
24. In
				  40 C.F.R. §
													264.71(c) replace the words
				  "the requirements of part 262 of this chapter" with the words "the portions of
				  40 C.F.R. Part 262 that are incorporated by reference and §
												1.7 of this Part".
25. In
				  40 C.F.R. §
													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".
26. In
				  40 C.F.R. §
													264.73 ((b)(3) delete "264.1034, 264.1063,
				  264.1083,"
27. In
				  40 C.F.R. §
													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".
28. In
				  40 C.F.R. §
													264.74(b) add after the word
				  "period" "(of at least three years)".
29. Delete
				  40 C.F.R. §
													264.77(c) and replace with
				  "(c) As otherwise required by subparts F and K through N of this
				  part."
30. In
				  40 C.F.R. §
													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).
31. In
				  40 C.F.R. §
													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."
32. In
				  40 C.F.R. §
													264.114, after the word "chapter", add "and
				  in accordance with §
												1.8 of this Part".
33. In
				  40 C.F.R. §
													264.143(a) delete
				  sub-paragraphs (3) through (5) and replace with "(3) For new facilities, the
				  full amount of the closure cost estimate shall be deposited into the closure
				  trust fund when the fund is established. For existing facilities, the full
				  amount of the closure cost estimate shall be deposited into the closure trust
				  fund by July 18, 1985." In sub-paragraph (6), delete "After the pay-in period
				  is completed".
34. In
				  40 C.F.R. §
													264.145(a) delete
				  sub-paragraphs (3) through (5) and replace with "(3) For new facilities, the
				  full amount of the post closure cost estimate shall be deposited into the post
				  closure trust fund when the fund is established. For existing facilities, the
				  full amount of the post closure cost estimate shall be deposited into the post
				  closure trust fund by July 18, 1985." In sub-paragraph (6) delete "After the
				  pay-in period is completed,"
35. In
				  40 C.F.R. §§
													264.143(h) and
				  264.145(h) where
				  the sentence "If the facilities covered by the mechanism are in more than one
				  Region, identical evidence of financial assurance shall be submitted to and
				  maintained with the Regional Administrator of all such Regions." appears,
				  replace it with the sentence "If the facilities covered by the mechanism are in
				  more than one State, identical evidence of financial assurance shall be
				  submitted to and maintained with the State Agency regulating hazardous waste or
				  with the appropriate Regional Administrator if the facility is located in an
				  unauthorized State."
36. In
				  40 C.F.R. §
													264.151 make the following substitutions,
				  consistent with the substitution rules stated in the definitions of
				  Administrator/Regional Administrator, EPA and RCRA in §
												1.5 of this Part:
37. Table 2: C.F.R. word substitution
Where the
								  40 C.F.R. §
																			264.151 wording says:
Substitute:
United States Environmental Protection
								  Agency
Rhode Island Department of Environmental
								  Management
EPA1
DEM
United States
								  Government2
State of Rhode Island
EPA Regional Administrator or Regional
								  Administrator3
Director
Region(s) where the facility(ies) is (are)
								  located
(delete)
Appropriate (when used with Regional
								  Administrator)
(delete)
Resource Conservation and Recovery Act
Hazardous Waste Management Act of 1978
RCRA
HWMA
a. Except when
				  used in "EPA identification number" and when used in "EPA and/or a
				  state".
b. Except when referring to
				  securities issued by the U.S. Government.
c. Except wherever
				  40 C.F.R. §
														264.151 requires that owners and operators
				  notify several Regional Administrators of their financial obligations, the
				  owner or operator shall notify both the Director and all Regional
				  Administrators of Regions that are affected by the owner or operator's
				  financial assurance mechanisms.
38. In
				  40 C.F.R. §
													264.173 add a sub-paragraph "(c) The side of
				  all hazardous waste containers of 119 gallons or less shall be labeled with the
				  following information:
a. The words
				  "hazardous waste";
b. The EPA or RI
				  waste code;
c. The generator's name
				  and address; and
d. A unique ID
				  number (that has the ability to link to the manifest
				  number).
39. Revise
				  40 C.F.R. §
													264.174 to read "At least weekly, the owner
				  or operator shall inspect areas where containers are stored. The owner or
				  operator shall look for leaking containers and for deterioration of containers
				  and the containment system caused by corrosion or other factors."
40. In
				  40 C.F.R. §§
													264.175,
				  264.178,
				  264.193, and
				  264.351, after the word "chapter",
				  add "and in accordance with §§
												1.7 and
				  1.8 of this Part."
41. In
				  40 C.F.R. §§
													264.191(a) and
				  264.191(c),
				  compliance in Rhode Island relative to the January 12, 1988 and July 14, 1986
				  dates, respectively, applies only to a tank system owned or operated by a
				  federal small quantity generator or any tank system (aboveground, onground,
				  inground, or underground) that cannot be entered for inspection. Relative to a
				  tank system that is not owned or operated by a federal small quantity generator
				  and that is a tank system (aboveground, onground, inground, or underground)
				  that can be entered for inspection, "January 12, 1988" and "July 14, 1986"
				  shall be replaced with "December 1, 1992", wherever those dates occur in
				  40 C.F.R. §§
													264.191(a), and
				  264.191(c),
				  respectively.
42. Delete
				  40 C.F.R. §
													264.195(e).
43. Add as the introduction to
				  40 C.F.R. §
													264.301, [prior to paragraph (a)] the
				  sentence "Landfills shall be designated as Class I, Class II, or Class
				  III."
44. Add at the end of
				  40 C.F.R. §
													264.301(c)(1)(i)(B) the
				  statement "The bottom liner shall be installed with a minimum two percent slope
				  and lead to collection sumps at all low points".
45. Delete
				  40 C.F.R. §
													264.301(l) requirements for
				  Alabama landfills and replace with "(l) There shall be a minimum distance of
				  500 feet between any active portion of the facility and any surface body of
				  water and any wetland."
46. Add as
				  40 C.F.R. §
													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."
47. Add as
				  40 C.F.R. §
													264.301(n)"Landfill erosion,
				  landslides, and slumping shall be minimized."
48. Add as
				  40 C.F.R. §
													264.301(o)"The landfill
				  shall contain a gas collection and venting system to prevent the lateral
				  movement of gases generated within the landfill and to prevent the accumulation
				  of these gases within confined structures on or adjacent to the landfill
				  area."
49. Add as
				  40 C.F.R. §
													264.301(p): "Class I
				  Landfills shall be located only in "Till" areas as identified on the Ground
				  Water Maps prepared by the United States Geological Survey and shall include in
				  the design the following:
a. A two-liner
				  system installed on the bottom and all sides of any disposal area consisting of
				  two membrane liners.
b. A leachate
				  monitoring, collection and removal system installed above the top liner that
				  consists of soils at least three feet thick and that allows leachate to move
				  rapidly through the soils and collect in sumps.
c. A minimum of six inches of sand
				  immediately overlaying and under the membrane liner.
d. Membrane liners that meet the following
				  requirements:
(1) Be of adequate strength and
				  thickness to ensure mechanical integrity and have a minimum thickness of 30
				  mils.
(2) Be resistant to attack
				  from soil bacteria and fungi.
(3)
				  Has ample weather resistance to withstand the stress of extreme heat, freezing
				  and thawing.
(4) Has adequate
				  tensile strength to elongate sufficiently and withstand the stress of
				  installation and/or use of machinery and equipment.
(5) Be of uniform thickness, free from thin
				  spots, cracks, tears, blisters and foreign particles.
(6) Be placed on a stable base.
(7) Has a permeability less than or equal to
				  1 x 10-12 cm/sec or its equivalent.
(8) Be seamed in a manner that does not
				  adversely affect any property of the membrane."
50. Add as
				  40 C.F.R. §
													264.301(q)"Class II
				  Landfills may be located in either "Till" areas or "Outwash" areas as
				  identified on the Ground Water Maps prepared by the United States Geological
				  Survey and shall be of the same design as Class I Landfills."
51. Add as
				  40 C.F.R. §
													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 C.F.R. §
													264.301(a) through (o) and
				  40 C.F.R. Part 264 Subpart F."
52.
				  Add as 40 C.F.R. §
													264.301(s)"The Director may
				  approve a design that affords protection equivalent to any of the requirements
				  for classes of landfills in 40 C.F.R. §
													264.301(p) -
				  (r), provided that all minimum federal
				  requirements are retained. Prior to approving an equivalent design, the
				  Director shall prepare a written opinion that shall compare and evaluate the
				  proposed equivalent design with the requirements of the appropriate class and
				  shall state his reasons for approving the proposed equivalent design. This
				  written report shall be made available to the public prior to the public
				  hearing required by 40
				  C.F.R. §
													270.10(c) and
				  40 C.F.R. §
													124.10(b)."
53. Add in
				  40 C.F.R. §
													264.301(t)"Class I Landfills
				  shall not accept any waste that:
a. Is an
				  R006 waste (extremely hazardous waste) or
b. Has a
				  40 C.F.R. §
														261.33(a)(2) OR
				  40 C.F.R. §
														261.33(a)(4) characteristic
				  of reactivity or
c. Is a forbidden
				  explosive as defined in 49
				  C.F.R. §
														173.54 or
d. Is a Division 1.1, Division 1.2 or
				  Division 1.3 explosive as defined in
				  49 C.F.R. §
														173.53 or
				  49 C.F.R. §
														173.50, respectively, or
e. Is a liquid or gaseous material that is a
				  liquid while under pressure having a flash point below 73ºF and a boiling
				  point less than 100ºF
f. Is an
				  ignitable compressed gas as described in
				  40 C.F.R. §
														261.21(a) (3), or
g. Is a non-liquid having a
				  40 C.F.R. §
														261.21(a)(2) characteristic
				  of ignitability, or
h. Is an
				  oxidizer as described in 40
				  C.F.R. §
														261.21(a)(4).
54. Add in
				  40 C.F.R. §
													264.301(u)"Class II and III
				  Landfills shall not accept any waste that:
a.
				  Is a prohibited waste in Class I landfills as described above, or
b. Has a
				  40 C.F.R. §
														261.23(a)(3) characteristic
				  of reactivity or
c. Has a
				  40 C.F.R. §
														261.23(a)(6) characteristic
				  of reactivity, or
d. May form
				  potentially explosive mixtures with oxidizable materials or
e. Has a
				  40 C.F.R. §
														261.23(a)(5) characteristic
				  of reactivity, or
f. Is a liquid
				  having a flashpoint less than 73ºF and a boiling point at or above
				  100ºF, or
g. Is a liquid
				  having a flashpoint at or above 73ºF and a boiling point less than
				  100ºF, or
h. Is a liquid that
				  ignites spontaneously in dry or moist air at or below 130ºF pt
i. Is a compressed gas or mixture or liquid
				  flammable material having a properties as described in
				  40 C.F.R. §
														261.21(a)(3)(i).
55. In
				  40 C.F.R. §
													264.313 delete ", unless
				  40 C.F.R. §
													264.17(b) is complied
				  with".
56. Delete
				  40 C.F.R. §
													264 Subparts AA, BB, and CC. Also delete
				  40 C.F.R. §§
													264.179,
				  264.200, and
				  264.232, in 264.340(b)(2) delete
				  ", BB and CC,." and in 40
				  C.F.R. §
													264.601 delete "and subparts AA
				  through CC." Rhode Island is not authorized to administer the referenced
				  regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air
				  emissions regulations). Rather, the EPA directly administers the subparts AA,
				  BB and CC regulations in Rhode Island.
57. Delete
				  40 C.F.R. §§
													264.149 and
				  264.150 (not applicable in
				  authorized States).
58. Delete 40
				  C.F.R. Part 264 Appendix VI (not applicable in Rhode Island due to absence of
				  such earthquake fault lines).
59.
				  Delete 40 C.F.R. §
													264.340(b)(1). Also in
				  40 C.F.R. §
													264.601 delete "part 63 subpart EEE and part
				  146." These exemptions do not apply in Rhode Island.
60. Revise
				  40 C.F.R. §
													264.1101(c)(4) to read
				  "Inspect and record in the facility's operating record, at least once every
				  seven days."