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-140-10-1.7 - Generators

Current through June 14, 2024
1.7.1
Purpose, Scope and
				  Applicability
A.
											§
											1.7 of this Part shall apply
				  to all generators of hazardous waste which are defined in §
											1.5 of this Part as either a
				  Large Quantity Generator (LQG), Small Quantity Generator (SQG), or
				  Conditionally Exempt Small Quantity Generator (CESQG). §§1.7.1
				  through 1.7.11 of this Part apply to all generators; in addition, §1.7.12
				  of this Part applies to LQGs; §1.7.13 of this Part applies to SQGs, and
				  §1.7.14 of this Part applies to CESQGs.
B. Additional operations subject to generator
				  rules:
1. Any generator or person that
				  conducts one or more of the following activities shall comply with the
				  requirements for Large Quantity Generators of hazardous waste contained in this
				  rule:
a. Hazardous Waste Management
				  Facilities that initiates a shipment of hazardous waste from a treatment,
				  storage, or disposal facility.
b.
				  Community Collection Centers permitted in accordance with §
													1.12 of this
				  Part.
c. Household Hazardous Waste
				  Facilities as defined in §
													1.5 of this
				  Part.
C.
				  Exemptions:
1. These rules do not apply to
				  household hazardous waste generated by non-business activities at single and/or
				  multiple family residences, subject to the household hazardous waste exemption
				  in 40 C.F.R. §
													261.4(b)(1). However, owners
				  and/or operators of facilities that accept household hazardous waste, other
				  than household hazardous waste pharmaceuticals, shall comply with the
				  requirements for Large Quantity Generators in this rule and upon receipt the
				  household hazardous waste shall be subject to full regulation as hazardous
				  waste.
2. Household Hazardous Waste
				  Pharmaceuticals accepted for destruction as consumer take-back programs, in
				  accordance with the Department of Health and US Drug Enforcement Administration
				  regulations are not subject to these regulations.
3. These rules do not apply to persons
				  responding to an explosives or munitions emergency in accordance with
				  40 C.F.R. §§
													264.1(g)(8)(i)(D) or (iv) or
				  265.1(c)(11)(i)(D) or
				  (iv) and
				  270.1(c)(3)(i)(D) or
				  (iii).
4. These rules do not apply to the handling
				  of solvent contaminated wipes that are cleaned and reused as described in the
				  2017 modification of 40
				  C.F.R. §
													261.4(a)(26)
				  (the federal exemption for disposal of solvent contaminated wipes is not
				  recognized as explained in §1.7.1(E)(1)(d) of this Part.
5. Treatment of certain hazardous waste:
				  Treating hazardous waste without a permit or license is allowed if it falls
				  into one of the categories below:
a. Is
				  authorized as part of RCRA corrective action as described in §
													1.17 of this Part (i.e. a
				  written approval for a RAP, CAMU, TU or Staging Pile has been issued by the
				  Department).
b. Is performing
				  treatment in wastewater treatment units.
c. Is performing treatment in elementary
				  neutralization units described in §§
													1.9(B)(1)(g)
				  and 1.10.2(A)(5) of this Part.
d.
				  Is treating the waste in a totally enclosed treatment unit.
e. Is treating the waste in evaporation
				  units, as defined in §
													1.5 of this Part, provided
				  the generator complies with all the following conditions:
(1) Does not use the unit to dispose of
				  hazardous waste
(2) 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.)
(3) Does not
				  manage waste with the waste codes D001 or D003 in the unit.
(4) All hazardous waste sludge is managed,
				  before, during and after use of the evaporator unit, as a hazardous waste in
				  accordance with this rule.
(5)
				  Incoming quantities of hazardous waste managed in evaporator units is included
				  in the calculation of generator status (i.e. Large Quantity Generator vs. Small
				  Quantity Generator vs. Conditionally Exempt Small Quantity
				  Generator).
(6) Has notified the
				  Department on a form specified by the Department and received the Department's
				  authorization in writing to conduct this activity.
(7) Ensures that treatment in the evaporation
				  unit shall result in the concentration of hazardous waste constituents for
				  proper recycling or disposal, and not allow evaporation of significant amounts
				  of hazardous waste constituents into the air. Air emissions of hazardous
				  constituents shall also be controlled through compliance with all applicable
				  air emission control requirements of the federal Clean Air Act and the
				  Department's Air Pollution Control Regulations (Chapter 120 Subchapter 05 of
				  this Title). This shall include completion of a RIDEM Office of Air Resources
				  Evaporator Information Form before commencing operation of the unit. Each
				  operator of an evaporator unit shall develop a written plan and keep it on site
				  and available for inspection during operation of the evaporator and for three
				  years thereafter, documenting such compliance and showing (based on testing or
				  knowledge of the waste) that the unit is being used to legitimately concentrate
				  wastes and is not resulting in the evaporation of significant amounts of
				  hazardous waste constituents into the air. Operators of evaporator units who
				  are large quantity generators must also comply with the air emission control
				  requirements in 40 C.F.R. Part 265, subparts AA, BB and CC as applicable. These
				  regulations are hereby adopted by reference and made applicable to evaporator
				  units at large quantity generators in Rhode Island. For all other entities in
				  Rhode Island, these regulations are not being adopted by reference by the
				  State, but rather will continue to be administered by the U.S. EPA.
(8) Ensures operation and placement of the
				  unit does not:
(AA) Result in the generation
				  of extreme heat or pressure, fire or explosion; or
(BB) Violent reaction;
(CC) Produce uncontrolled toxic mists, fumes,
				  or gases in sufficient quantities;
(DD) Threaten human health;
(EE) Produce uncontrolled flammable fumes or
				  gases in sufficient quantities to pose a risk of fire or explosion; or Damage
				  the structural integrity of the unit, or cause the unit or any of its ancillary
				  equipment to rupture, leak, abnormally corrode, or otherwise fail before the
				  end of its intended life.
f. Is treating the waste in tanks or
				  containers under the following conditions:
(1) The generator provides written
				  notification to the Department that includes the facility name, EPA
				  identification number, generator status, mailing address, street address,
				  telephone number, and contact person; A detailed description of the treatment
				  process(es) to be used including process design drawings, plans or process flow
				  diagrams; An estimate of the frequency that treatment will occur; The type(s)
				  and estimated quantity of hazardous waste to be treated including a detailed
				  description of the process(es) generating the waste; and A detailed description
				  of how all treatment products and byproducts will be managed following
				  treatment.
(2) A revised written
				  notification is provided to the Department if the information required above if
				  this section changes significantly.
(3) The treatment occurs in containers and
				  tanks that comply with the requirements of §§1.7.12, 1.7.13 and
				  1.7.14 of this Part as appropriate.
(4) The treatment does not violate the
				  applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as
				  administered by EPA).
(5) The
				  hazardous waste being treated is generated and treated on-site.
(6) During treatment and during any storage
				  prior to treatment, hazardous waste is: Counted for the purpose of determining
				  generator status under §1.7.6 of this Part; and Managed in accordance with
				  the applicable requirements of §
														1.7 of this Part.
(7) The generator determines if treatment
				  by-products are hazardous waste in accordance with §1.7.3 of this
				  Part.
(8) The generator maintains
				  records for three years documenting: The type(s) and quantity of waste treated;
				  The method(s) of treatment used; and the date(s) that treatment
				  occurred.
(9) All hazardous waste
				  generated from the treatment is managed in accordance with the applicable
				  standards of §
														1.7 of this Part.
(10) If a generator is managing and treating
				  waste or contaminated soil in tanks or containers to meet Land Disposal
				  Restriction treatment standards found at
				  40 C.F.R. §
															268.40, the generator develops and follows a
				  written waste analysis plan in accordance with the requirements of
				  40 C.F.R. §
															268.7(a)(5) (as administered
				  by EPA).
(11) The generator does
				  not treat hazardous waste using thermal treatment processes.
(12) The generator does not treat, break or
				  shred mercury-containing wastes or devices (e.g., fluorescent lamps,
				  thermostats).
(13) The generator
				  does not engage in breaking or shredding of CRT's as prohibited by
				  §§1.14.5(A)(8) and 1.14.5(A)(12) of this Part.
(14) Treatment does not result in any adverse
				  impact to human health or the environment.
(15) The Department reserves the right, upon
				  receiving written notification of treatment by a generator, to require that
				  treatment-specific requirements be met.
g. The Director has issued a temporary
				  emergency permit in accordance with §
													1.9(B) of
				  this Part to a non-permitted facility to allow the treatment, storage or
				  disposal of hazardous waste subject to the requirements of
				  40 C.F.R. §
														270.61.
D. Rhode Island has adopted various other
				  federal exemptions by incorporating 40 C.F.R. Part 261 by reference, to the
				  extent set forth in §
											1.5 of this Part, and also
				  by adopting some of the exemptions set forth in the federal regulations
				  referenced by §§
											1.9 and
				  1.10 of this Part. Both
				  these other parts of these rules and the referenced federal regulations need to
				  be consulted to determine the conditions applicable to any particular
				  exemption.
E. Federal Exemptions
				  Not Adopted
1. Rhode Island has not adopted
				  some of the federal exemptions, as noted in §§
												1.4(C),
				  1.9 and
				  1.10 of this Part. In
				  particular, Rhode Island has not adopted exemptions from the hazardous waste
				  rules analogous to the following federal exemptions:
a. Definition of Solid Waste Rule (DSW Rule)
				  Exclusions for Hazardous Secondary Materials in
				  40 C.F.R. §§
														261.2(a)(2)(i),
				  261.4(a)(23),
				  261.4(a)(24) and
				  261.4(a)(25).
				  Materials subject to these federal exclusions are regulated under the otherwise
				  applicable generator requirements in Rhode Island.
b. CRT exclusions in
				  40 C.F.R. §§
														261.4(a)(22),
				  261.39,
				  261.40, and
				  261.41. CRTs are regulated as
				  universal wastes in Rhode Island.
c. Manufactured gas plant waste exemption in
				  40 C.F.R. §
														261.24(a). Rhode Island
				  exempts only manufactured gas plant remediation waste that is managed under a
				  Department approval issued in accordance with applicable RIDEM Rules and
				  Regulations for the Investigation and Remediation of Hazardous Material
				  Releases (Subchapter 30 Part 1 of this Chapter), and that is not land
				  disposed.
d. Disposal of solvent
				  contaminated wipes per 40
				  C.F.R. §
														261.4(b)(18)
				  (2017).
e. CESQG exclusion in
				  40 C.F.R. §
														261.5. CESQGs are instead regulated in
				  accordance with §
													1.8 of this Part.
f. Allowance for CESQGs to send hazardous
				  waste to solid waste facilities, in
				  40 C.F.R. §§
														264.1(g)(1),
				  265.1(c)(5). This
				  is not allowed in Rhode Island.
g.
				  The farmer exemption for disposal of waste pesticides in
				  40 C.F.R. §§
														262.70 and
				  262.10(f).
				  Farmers are regulated under the otherwise applicable generator requirements in
				  Rhode Island.
h. Academic Labs Rule
				  ( 40 C.F.R. Part 262 Subpart K). Laboratory wastes are regulated under the
				  otherwise applicable generator requirements in Rhode Island.
i. Ocean Disposal Allowance under MPRSA in
				  40 C.F.R. §§
														264.1(c),
				  265.1(c)(1), and
				  270.60(a). This
				  is not allowed in Rhode Island.
j.
				  Injection Well Allowance under UIC in
				  40 C.F.R. §§
														264.1(d) and
				  270.1(c)(1)(i).
				  This is not allowed in Rhode Island except when a permit is issued by the
				  Department for a remediation overseen by the Department.
k. The federal wastewater exemption has been
				  limited by Rhode Island to facilities actually discharging to surface waters or
				  the sewers, as further described at
				  40 C.F.R. §§
														264.1(g)(6) and
				  270.1(c)(2)(v).
				  Hazardous waste evaporators at generators are not allowed under this exemption
				  but rather must meet the conditions specified in §1.7.2(A)(4) of this
				  Part.