reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.11 - New and Replacement UST System Requirements

Current through June 14, 2024
A.
				  Applicability
1. This Section shall apply to
				  all new or replacement USTs and product piping under these regulations with the
				  exception of those tank systems to be used to store heating oil consumed
				  on-site solely for heating purposes, which are exempt from §§
											1.11(F), (G), (N),
				  (O), and (P) of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.12 - Facility Modifications or Repairs

Current through June 14, 2024
A. Prohibition
1. No modification may be made to any UST
				  facility for which an application for a certificate of registration is
				  required, without prior written notification to and approval by the
				  Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.13 - Maintaining Records

Current through June 14, 2024
A. Applicability
1. All owners/operators of UST facilities
				  shall maintain records in accordance with the following rule except that the
				  provisions of §§
											1.13(B)(1)(a)
				  ((4)) and ((9)) and 1.13(B)(1)(b) of this Part shall not apply to tanks used
				  for storing fuel oils of any grade that is consumed on-site solely for heating
				  purposes.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.14 - Leak and Spill Response

Current through June 14, 2024
A. Applicability
1. These regulations shall apply to all new,
				  existing, and abandoned tank facilities at which regulated substances and/or
				  hazardous materials are stored underground as specified in §§
											1.4 and
				  1.5 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.15 - Closure

Current through June 14, 2024
A. Applicability
1. This Section shall apply to all facilities
				  where regulated substances and/or hazardous materials are or were stored as
				  defined in §
											1.4 of this Part.
				  §§
											1.15(D)(10)(a)
				  and 1.15(D)(8)(a)
				  ((6)) of this Part shall not apply to the following:
a. USTs which store fuel oil consumed on-site
				  solely for heating purposes;
b.
				  USTs of less than 1,100 gallons in capacity which store motor fuels at farm or
				  residential sites, provided that the fuel is for on-site use; or
c. Holding tanks.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.16 - Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Licensing Requirements

Current through June 14, 2024
A. Applicability
1. This Section applies to all companies and
				  persons who conduct tightness or leak detection tests on underground storage
				  tanks and product pipelines located in Rhode Island, and the manufacturer or
				  developer of the tests.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.17 - Signatories to Registration and Closure Applications

Current through June 14, 2024
A.
				  Signatures
1. No person may sign an
				  application for a Certificate of Registration or Closure except in the manner
				  set forth in this Part:
a. For a corporation:
				  The application shall be signed by a responsible corporate officer. For the
				  purpose of this Part, a responsible corporate officer means:
(1) A president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy or decision-making functions
				  for the corporation; or
(2) The
				  manager of one or more facilities employing more than 250 persons or having
				  gross annual sales or expenditures exceeding $21 million (in second-quarter
				  1980 dollars) if authority to sign documents has been assigned or delegated to
				  the manager in accordance with corporate procedures.
(3) DEM does not require specific assignments
				  or delegations of authority to responsible corporate officers identified in
				  §
													1.17(A)(1)(a)
				  of this Part. The DEM will presume that these responsible corporate officers
				  have the requisite authority to sign permit applications unless the corporation
				  has notified the Director to the contrary. Corporate procedures governing
				  authority to sign permit applications may provide for assignment or delegation
				  to applicable corporate positions under §§
													1.17(A)(1)(a) or
				  (b) of this Part rather than to specific
				  individuals.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.18 - Transfer of Certificates of Registration and Closure

Current through June 14, 2024
A.
				  Prohibition
1. No person shall transfer
				  ownership of a UST facility or facility component without notification to the
				  Director as provided in §
											1.18(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.19 - Holding Tanks

Current through June 14, 2024
A. Applicability
1. Except as provided by §
											1.4(D) of
				  this Part, all owners and operators of UST systems used to collect and store
				  discharges containing regulated substances or hazardous materials from floor
				  drains or other piping outlets shall be subject to this Section.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.20 - Variances

Current through June 14, 2024
A. Variance Requests
1. Any owner/operator of a facility, or
				  person subject to these regulations may submit a written request to the
				  Director for a variance from some or all provisions of these regulations. Such
				  request for a variance must, at the minimum, contain the following:
a. The name and address of the facility
				  owner/operator, and/or person requesting the variance;
b. The name, location, and registration
				  number of the facility for which the owner/operator seeks a variance, if
				  applicable;
c. Identification of
				  the specific rule or rules from which a variance is requested;
d. A statement of the reasons for which the
				  facility owner/operator and/or person seeks a variance. This statement shall
				  specify the reasons that the facility owner/operator and/or person is unable to
				  comply with this Part, why a variance is necessary, and the reasons why
				  hardship is alleged. The person seeking the variance should separately and by
				  number list each reason and any other mitigating factor he/she believes the
				  Director should consider;
e. An
				  explanation that the alternative procedures requested are substantially
				  equivalent to the Rules and Regulations herein in achieving protection of the
				  public health and the environment; and
f. The signature of the person requesting the
				  variance.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.21 - Appeals

Current through June 14, 2024
Any person affected by a decision of the Director pursuant
					 to these regulations may, in accordance with Administrative Rules of Practice
					 and Procedure for the Department of Environmental Management, Part 20-00-1 of
					 this Title, file a claim for an adjudicatory hearing to review the decision.
					 The party appealing a Department decision bears the burden of proving that
					 their application or actions comply with all requirements of the Rules and
					 Regulations herein.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.22 - Penalties

Current through June 14, 2024
The Director shall assess all penalties for violation of
					 these regulations in accordance with the provisions of R.I. Gen. Laws Chapters
					 46-12, 42-17.1, 42-17.6 and 23-19.1 and the "Rules and Regulations for
					 Assessment of Administrative Penalties", Part 130-00-1 of this
					 Title.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.1 - Purpose and Goals

Current through June 14, 2024
These Regulations are intended to prevent the discharge,
					 escape or release of oil onto the land or into the waters of the State, and to
					 preserve and protect the quality of the waters of the State, consistent with
					 the purposes of the Federal Clean Water Act,
					 33 U.S.C. §
											1251
et seq.
(2018) and R.I.
					 Gen. Laws Chapter 46-12.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.2 - Authority

Current through June 14, 2024
These Regulations are adopted pursuant to R.I. Gen. Laws
					 Chapters 46-12, 4217.1 and 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate NFPA 30: Flammable and Combustible
				  Liquids Code, 2018 Edition (2017) by reference, not including any further
				  editions or amendments thereof and only to the extent that the provisions
				  therein are not inconsistent with these Regulations.
B. These Regulations hereby adopt and
				  incorporate NFPA 30A: Code for Motor Fuel Dispensing Facilities and Repair
				  Garages, 2018 Edition (2017) by reference, not including any further editions
				  or amendments thereof and only to the extent that the provisions therein are
				  not inconsistent with these Regulations.
C. These Regulations hereby adopt and
				  incorporate API Standard 650, 12th Edition, March
				  2013 by reference, not including any further editions or amendments thereof and
				  only to the extent that the provisions therein are not inconsistent with these
				  Regulations.
D. These Regulations
				  hereby adopt and incorporate UL 142, 10th Edition,
				  May 2019 by reference, not including any further editions or amendments
				  thereof, and only to the extent that the provisions therein are consistent with
				  these Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.5 - Applicability and Construction

Current through June 14, 2024
A. These
				  Regulations are applicable to activities conducted in or on the waters or land
				  of the State, as well as to those activities conducted in a location where oil
				  or other pollutants are likely to enter the waters of the State. All persons
				  who engage in the storage, delivery, or transportation of oil, including
				  industry and Federal, State, and local governments, as well as, to a limited
				  extent, residential homeowners, may be subject to these Regulations.
B. Persons and activities subject to these
				  Regulations may also be subject to other State and Federal Regulations,
				  including, but not limited to: Rhode Island Regulations for the Rhode Island
				  Pollutant Discharge Elimination System (Part 150-10-1 of this Title), Rules and
				  Regulations for Underground Storage Facilities Used for Petroleum Products and
				  Hazardous Materials (Part 1 of this Subchapter), Water Quality Regulations
				  (Part 150-05-1 of this Title), Rules and Regulations for Solid Waste Management
				  Facilities and Organic Waste Management Facilities (Subchapter 05 Part 1 of
				  this Chapter) and Rules and Regulations for Hazardous Waste Management
				  (Subchapter 10 Part 1 of this Chapter).
C. These Regulations shall be construed in
				  harmony with other Rhode Island Regulations and those Regulations promulgated
				  by the Coastal Resources Management Council and Federal agencies who may have
				  concurrent jurisdiction. In cases where these Regulations may conflict with
				  other Regulations, the more restrictive Regulations shall govern.
D. The DEM may require any person subject to
				  these Regulations to provide additional information about any activity subject
				  to these Regulations where such information is deemed necessary. Failure to
				  disclose such information shall be cause for initiating appropriate enforcement
				  action and shall constitute valid cause for denial of a permit or order of
				  approval and may result in an order restricting certain activities.
E. These Regulations shall be liberally
				  construed to permit the DEM to effectuate the purposes of the State
				  law.
F. Nothing in these
				  Regulations shall be deemed to interfere with the Director's power and duty to
				  issue an immediate order pursuant to R.I. Gen. Laws §§ 4612-10 and
				  42-17.1-2.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.6 - Prohibited Activities

Current through June 14, 2024
A. No person shall
				  place oil or pollutants into the waters or onto the land of the State, or in a
				  location where they are likely to enter the waters of the State, except in
				  compliance with the terms and conditions of a permit or order issued by the
				  Director. This prohibition shall include, but not be limited to, oil or
				  pollutants from:
1. Storm water runoff from an
				  oil refinery, oil storage tank farm, or oil manufacturing industry;
2. Boat or ship repair and maintenance,
				  including dry dock operations;
3.
				  Bilge or ballast water from any vessel;
4. Exhaust steam from any coil or other
				  device used to heat oil;
5.
				  Drainage from underground pipe gallery used as a conduit for oil
				  pipes;
6. Drainage from the floors
				  of a boiler room;
7. Drainage from
				  dike areas around oil storage tanks;
8. Drainage to unauthorized underground
				  injection wells or lagoons;
9.
				  Drainage from automobile repair, maintenance or wrecking operations.
10. Petroleum releases from
				  vehicles.
11. The abandonment of
				  containers.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.8 - Ballasting of Oil-Carrying Vessels

Current through June 14, 2024
A. The owner and
				  operator of an oil-carrying vessel shall take the following precautionary
				  measures prior to and during the ballasting operation:
1. The transfer of cargo shall be completed
				  and all hose riser valves closed and connections blanked.
2. If ballast is to be pumped in, whether
				  through deck lines or bottom line, valves on the lines used are set first; then
				  the valves to the tanks to be ballasted shall be opened; the necessary valves
				  in the pump rooms, except seacocks, shall be set next; and cargo or ballast
				  pumps shall be started before opening seacocks.
3. If ballasting is done by gravity, ballast
				  shall be pumped in first for ten (10) minutes in accordance with the procedure
				  outlined above in §
											2.8(A)(2) 
				  of this Part to clear all bottom lines of oil.
4. When ballasting has started, all tanks
				  shall be inspected to see that only the tanks intended are receiving
				  ballast.
5. The same attention
				  shall be given to ballasting as to topping-off tanks when loading
				  cargo.
6. When completing the
				  loading of ballast, seacocks shall be closed before stopping the
				  pumps.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.9 - Boiler Rooms and Remote Fill Tanks

Current through June 14, 2024
A. Within one (1)
				  year of the effective date of these Regulations the owner and operator of a
				  facility shall:
1. Install oil traps or
				  manually operated drain valves, or eliminate drains from boiler rooms. All oil
				  traps shall be adequately maintained and cleaned. All drain valves shall be
				  maintained in the closed position except when the operator is in the process of
				  draining oil-free clean water in compliance with all applicable State and
				  Federal Regulations.
2. All above
				  ground and underground storage tanks with a remote fill and a capacity greater
				  than five hundred (500) gallons shall be equipped with a high-level warning
				  alarm system.
3. All tanks with a
				  capacity greater than five hundred (500) gallons shall be equipped with spill
				  containment around fill areas.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.12 - Oil and Waste Release Response

Current through June 14, 2024
A. This section is
				  applicable to any person or company engaged in the:
1. Transfer or storage of oil, including, but
				  not limited to, the owner and operator of: an oil-carrying vessel, terminal,
				  reception facility, oceangoing ship, AST, facility with AST(s), oil tanker
				  truck, or oil delivery company;
2.
				  Release of an oil product to the environment; and
3. Owner of property where an oil release has
				  occurred.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.13 - Storage and Removal of Oil Spill Cleanup Debris

Current through June 14, 2024
A.
				  Oil spill cleanup debris may be stored temporarily at the site of the spill or
				  leak, or at another site approved by DEM provided that:
1. The material is stored on an impermeable
				  base or liner;
2. The material is
				  fully covered and secured so as to prevent the material from leaching into the
				  groundwater, or particulates being dispersed by the wind;
3. Representative composite samples are
				  immediately taken and analyzed for oil and grease, lead, PCB and flammability
				  unless otherwise specified by an authorized DEM representative;
4. Samples are analyzed and the results are
				  submitted to the DEM Office of Emergency Response within (30) days of sample
				  collection;
5. If the sample
				  results show the material to be a hazardous waste, the owner or operator of the
				  site shall take immediate measures to properly store and dispose of the
				  material in accordance with State and Federal hazardous waste
				  Regulations;
6. The temporary
				  storage of the oil spill cleanup debris does not exceed thirty (30) days unless
				  the owner or operator of the site demonstrates to DEM in writing that there is
				  good cause for extending temporary storage and DEM issues written authorization
				  for extended temporary storage.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.14 - Spill Prevention and Emergency Plans

Current through June 14, 2024
A. This section
				  is applicable to any owner or operator of a reception facility, terminal, or
				  facility with outdoor ASTs exceeding a combined storage capacity of five
				  hundred (500) gallons. This section is not applicable to facilities with ASTs
				  storing oil for heating with a capacity of five hundred (500) gallons or
				  less.
B. Any person subject to this
				  section shall, within six (6) months of the effective date of these
				  Regulations, have readily available at the facility an emergency plan, which
				  shall, at a minimum, contain the following information:
1. Up-to-date schematic diagrams showing the
				  location of all outdoor tanks and piping used for the storage and conveyance of
				  oil, including the location of all emergency shutoff valves;
2. A description of on-site emergency
				  containment and cleanup equipment;
3. Description of off-site auxiliary
				  emergency equipment that can be readily obtained, including a listing of
				  cleanup contractors to contact for such equipment;
4. Emergency telephone numbers of local,
				  State and Federal officials who should be contacted in case of an oil
				  spill.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.15 - Discharges to Reception Facilities

Current through June 14, 2024
A. The owners or
				  operators of any vessel ship which intends to transfer or discharge any
				  shipboard oil to a reception facility shall, prior to the discharge or
				  transfer, file with the Director evidence of financial responsibility, which
				  shall include a surety bond, letter of credit, certificate of insurance, or
				  corporate guarantee in the amount of at least fifty thousand dollars
				  ($50,000.00) payable to the State of Rhode Island and Providence
				  Plantations.
B. Prior to accepting
				  any shipboard oil from a vessel ship, the owner or operator of the reception
				  facility shall require the owner or operator of the vessel to produce evidence
				  of financial responsibility consistent with the provisions of this
				  section.
C. The money pledged or
				  guaranteed by the requirement of this section shall be used to satisfy:
1. Costs incurred by the State to rectify and
				  clean up any damage to the environment and natural resources; and
2. Fines or penalties imposed for violation
				  of any laws or Regulations designed to prevent or control water
				  pollution.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.16 - Variances

Current through June 14, 2024
A. Any owner or operator of a facility may
				  submit a written request to the Director or his designee for a variance of some
				  or all provisions of these Regulations.
B. The owner or operator shall have the
				  burden of proving by clear and convincing evidence that a variance should be
				  granted because alternative design or operating standards are substantially
				  equivalent to the regulations and will have no adverse effect on public health
				  and/or the environment.
C. If the
				  Director determines that there is sufficient public interest or that the
				  variance request raises significant issues that could affect other facilities,
				  then the Director may schedule a public hearing to solicit public comment prior
				  to rendering a decision on the variance request.
D. The Director's decision to grant or deny a
				  variance shall be in writing and may, as a condition of granting the variance,
				  impose appropriate requirements necessary to protect the public health and the
				  environment.
E. Any person affected
				  by the grant or denial of a variance request may, in accordance with the Rules
				  and Regulations for the Administrative Adjudication Division (Part 10-00-1 of
				  this Title) for DEM, Administrative Adjudication Division, petition for an
				  adjudicatory hearing to review the initial decision.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 2 - Oil Pollution Control Regulations (250-RICR-140-25-2) › Section 250-RICR-140-25-2.17 - Penalties

Current through June 14, 2024
Administrative and civil penalties, for any violation of
					 these Regulations, may be assessed in accordance with R.I. Gen. Laws Chapters
					 46-12, 42-17.1 and 4217.6.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.1 - Authority

Current through June 14, 2024
Under the authority of R.I. Gen. Laws Chapters 42-35,
					 23-19.1, 23-19.14, 46-12, 46-13.1, R.I. Gen. Laws §
										42-17.1-2, and particularly R.I.
					 Gen. Laws §§
										23-19.1-6,
					 23-19.1-10.3,
					 23-19.1-11.1,
					 46-12-3, and
					 46-12-5, the following Rules and
					 Regulations are promulgated to administer these chapters for the investigation
					 and remediation of contamination resulting from the unpermitted Release of
					 Hazardous Materials, and shall be construed to be consistent with other
					 Departmental regulations and the regulations of federal
					 agencies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.2 - Purpose

Current through June 14, 2024
A. The purpose of these regulations is to
				  create an integrated program requiring reporting, investigation and remediation
				  of Contaminated-Sites in order to eliminate and/or control threats to human
				  health and the environment in a timely and cost-effective manner. To ensure
				  consistency and certainty in the process, clean up objectives for soil and
				  groundwater have been developed to manage the risks to human health and the
				  environment, and are to be applied in a manner consistent with the current and
				  reasonably expected future use of the contaminated property.
B. It has been and shall be the policy of the
				  State to require Performing Parties to investigate, evaluate and remediate both
				  existing and new unpermitted sources of pollutants, which will or may likely
				  adversely affect human health or impact the waters, including groundwater of
				  the State.
C. Functions
1. The primary functions of the Department
				  pursuant to these Rules and Regulations are to regulate the investigation and
				  remediation of contamination resulting from Releases of Hazardous Materials;
				  the granting, denial, suspension or revocation of approvals and permits for
				  remediation of that contamination; and the granting, denial, suspension,
				  revocation or approval of the plans and specifications for the installation of
				  any equipment for such remediation.
2. These regulations are intended to minimize
				  environmental hazards resulting from the unpermitted Release of Hazardous
				  Materials. These regulations are not designed to address aesthetic
				  considerations after risk-based remediation is complete. To the extent that
				  nuisance conditions persist after human health and environmental risks have
				  been eliminated, any disputes concerning these nuisance issues will continue to
				  be addressed through other appropriate legal venues.
3. These regulations are also not intended to
				  duplicate regulatory requirements at sites involving lead contamination, and
				  that meet the definition of a "Regulated Facility", as defined in 216-RICR-
				  50-15-3, "Lead Poisoning Prevention", administered by the R.I. Department of
				  Health. Direct exposure issues associated with lead contaminated soil may be
				  remediated using measures consistent with the requirements of the Department of
				  Health's "Lead Poisoning Prevention", 216-RICR- 50-15-3.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.3 - Incorporated Materials

Current through June 14, 2024
A. These regulations
				  hereby adopt and incorporate 40 C.F.R. §
											300 (2018) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  regulations.
B. These regulations
				  hereby adopt and incorporate the Environmental Protection Agency's "Risk
				  Assessment Guidance for Superfund"(1989) by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
C. These regulations hereby adopt and
				  incorporate the Environmental Protection Agency's EPA/630/R-92/001, February
				  1992, "Framework for Ecological Risk Assessment" by reference, not including
				  any further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.5 - Prohibitions, Management, Inspections, and Analytical Methods

Current through June 14, 2024
1.5.1
Prohibition on Unpermitted
				  Release or Disposal
No Person shall release any Hazardous Material in any
					 manner which may impact the classification or uses of the land, ground water,
					 or Surface Water without complying with all applicable Rules and
					 Regulations.
1.5.2
Management of Unpermitted Releases
A.
				  Any Responsible Party who discovers or is notified of the potential unpermitted
				  disposal, release or presence of Hazardous Materials released from, present on,
				  or originating from its operations or property shall immediately initiate
				  investigations and actions as specified in §§
											1.6 through
				  1.13 of this
				  Part.
B. Sites listed on the
				  National Priorities List shall comply with the requirements of the National
				  Contingency Plan, 40 C.F.R.
				  §
												300, incorporated above at §
											1.3(A) of
				  this Part. Said sites shall also comply with these regulations where applicable
				  or relevant and appropriate, or more stringent than EPA requirements,
				  including, but not limited to, the requirements of §
											1.9 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.7 - Emergency or Short-Term Response

Current through June 14, 2024
1.7.1
Emergency or Short-Term Response Actions
A. The Responsible Party shall immediately
				  notify the Department with the information outlined in §1.6.2 of this Part
				  and take appropriate action to stop or minimize a Release of Hazardous Material
				  posing an Imminent Hazard and/or any on-going spill of Hazardous Material at
				  the time of discovery.
B. All
				  Emergency or Short-Term Response Actions undertaken by the Responsible Party
				  shall be conducted in a manner which is protective of human health and the
				  environment.
C. No Emergency or
				  Short-Term Response Action undertaken by the Responsible Party may be conducted
				  in a manner which increases the potential for harm, either short-term or
				  long-term, to human health or the environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.9 - Risk Management

Current through June 14, 2024
1.9.1
Remedial Objectives
A. The appropriate
				  remedial objectives for all Hazardous Substances in all impacted media at a
				  Contaminated-Site shall be consistent with this rule so as to manage the actual
				  or potential risks to human health and the environment by ensuring that the
				  following requirements are met:
1. The
				  remedial objective for each carcinogenic substance does not exceed a 1 X
				  10-6 excess lifetime cancer risk level and the
				  cumulative excess lifetime cancer risk posed by the Contaminated-Site does not
				  exceed 1 X 10-5;
2. The remedial objective for each
				  non-carcinogenic substance does not exceed a Hazard Index of 1 and the
				  cumulative Hazard Index posed by the Contaminated-Site does not exceed 1 for
				  any target organ;
3. The remedial
				  objective will not significantly contribute to adverse effects to any
				  Environmentally Sensitive Areas at or in the vicinity of the
				  Contaminated-Site;
4. The remedial
				  objective will be protective of the natural resources of the State, including
				  but not limited to groundwater; and
5. The remedial objective shall address the
				  requirements of §1.9.7 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.10 - Remedial Action Work Plan

Current through June 14, 2024
1.10.1
Remedial Action Work Plan:
A.
				  The Performing Party for a Contaminated-Site where Remedial Action is found to
				  be necessary under these regulations shall prepare and submit in both hard copy
				  and electronic format (as specified by the Department) to the Department for
				  review and approval a Remedial Action Work Plan documenting how the proposed
				  Remedial Action will be implemented. The Remedial Action Work Plan shall be
				  submitted along with the required fee per §1.11.2 of this Part. The
				  Director shall base the decision to require Remedial Action on the information
				  available on the mobility, toxicity and volume of the Hazardous Material
				  released and the resulting potential for harm to human health and the
				  environment.
B. The Performing
				  Party may prepare and submit a limited Remedial Action Work Plan for interim or
				  partial Remedial Actions, if deemed appropriate by the Department. Limited or
				  partial Remedial Action Work Plans shall be submitted in both hard copy and
				  electronic format (as specified by the Department) and shall contain
				  appropriate assurances that a more complete scope of activities will be
				  evaluated as the Contaminated-Site is investigated and characterized.
C. A Performing Party shall complete a
				  Remedial Action work plan in accordance with §
											1.10 of this Part, as
				  required by the Director, and submit said report for review and
				  approval.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.11 - Remedial Action Approvals

Current through June 14, 2024
1.11.1
Remedial Action Approvals
A. The
				  Performing Party shall receive approval of the Remedial Action Work Plan from
				  the Director prior to initiating any activities contained therein.
B. Remedial Action Approvals that include the
				  treatment of Hazardous Waste at the Contaminated-Site will be in the form of a
				  Temporary Remedial Action Permit subject to the requirements and conditions of
				  R.I. Gen. Laws §
											23-19.1-10.3, Emergency and
				  Temporary Permits. The Performing Party shall have a Temporary Remedial Action
				  Permit throughout the period that Hazardous Waste is being treated.
C. Approvals for Remedial Actions that
				  include the remediation of impacted groundwater in GA/GAA areas to remedial
				  objectives other than those listed in Table 3, §1.9.3(F)(4) of this Part
				  shall obtain a Groundwater Quality Certification pursuant to the requirements
				  of the Department's Groundwater Quality Rules, Part 150-05-3 of this
				  Title.
D. The Director may issue
				  conditions to the Remedial Action Approval when the Director finds that those
				  conditions are necessary to protect human health and the environment.
				  Conditions may include, but not necessarily be limited to, requirements that
				  the Performing Party provide financial assurances that the Remedial Action will
				  continue.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.12 - Remedial Action

Current through June 14, 2024
1.12.1
Operational Requirements
These rules apply to all Performing Parties conducting any
					 Remedial Action activities. A Performing Party shall complete Remedial Action,
					 as required by the Director.
1.12.2
Proper Operation and
				  Maintenance
The Performing Party shall operate and maintain all
					 portions, activities and/or operations in accordance with all the terms and
					 conditions of its Remedial Action Approval, and all other applicable laws and
					 regulations. The Department shall be notified in writing immediately if the
					 Performing Party suspects or has reason to believe that any of the remedial
					 objectives will not be met.
1.12.3
Operating Records
The Performing Party shall maintain an operating log as
					 specified in §1.10.14 of this Part or as otherwise specified by the
					 Director in the Remedial Action Approval.
1.12.4
Personnel Training
The Performing Party shall maintain a Personnel training
					 program as specified in the Remedial Action Approval.
1.12.5
Progress Reports
A. The Performing Party shall submit progress
				  reports at least quarterly. The reports shall clearly explain all activities
				  specified in the Remedial Action Approval which have been initiated or which
				  have been completed.
B. Progress
				  reports shall also include the results of all sampling and analysis conducted
				  at the Contaminated-Site.
C. After
				  completion of the Remedial Action, the results of all post-closure monitoring
				  shall be submitted to the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.14 - Variances and Extensions

Current through June 14, 2024
1.14.1
Applications
An applicant may apply to the Director for a variance from
					 or extension to any of these Rules and Regulations. The Director may require
					 the collection and/or submission of information the Director deems necessary to
					 fully evaluate such application.
1.14.2
Extensions
The Director may upon request, issue an extension to any of
					 the time tables and schedules required by these regulations in the form of a
					 variance.
1.14.3
Variances
A. The Director may upon
				  application, issue a variance under this rule when compliance with these Rules
				  and Regulations would cause unreasonable or undue hardship to the applicant,
				  provided the applicant can also present substantial evidence that the issuance
				  of a variance will, at a minimum:
1. Provide
				  protection to human health and the environment equivalent to that which is
				  provided by these regulations;
2.
				  Not result in exceedances of applicable remedial objectives as described in
				  §
												1.9 of
				  this Part beyond the control of the Performing Party;
3. Not endanger the public health and
				  safety;
4. Not significantly
				  interfere with the public use and enjoyment of any recreational
				  resource;
5. Not significantly
				  adversely impact any surface water or any groundwater, or cause contamination
				  of any drinking water supply or tributary thereto; and
6. Not violate any provisions of any
				  pertinent federal or state statutes, rules or regulations regarding air, land
				  or water resources.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.15 - Penalties and Appeals

Current through June 14, 2024
1.15.1
Penalties
Administrative penalties may be assessed for any violation
					 of these regulations and will be calculated based on the methodology specified
					 in the Department of Environmental Management Rules and Regulations for
					 Assessment of Administrative Penalties, Part 130-00-1 of this
					 Title.
1.15.2
Appeals
Any Person affected by a decision of the Director pursuant
					 to these regulations may, in accordance with the Administrative Rules of
					 Practice and Procedure for the Department of Environmental Management, Part
					 20-00-1 of this Title, file a claim for an adjudicatory hearing to review the
					 decision. The party appealing a Department decision bears the burden of proving
					 that they comply with the requirements of the Rules and Regulations herein and
					 that the denial by the Department was arbitrary and capricious or characterized
					 by an abuse of discretion.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.16 - Analytical Methods for Reporting

Current through June 14, 2024
A. Volatile Organic
				  Compounds - EPA Method 8240, 8260, and 5035
B. Semi-Volatile Organic Compounds - EPA
				  Method 8270
C. PCB/Pesticides - EPA
				  Method 8080
D. Inorganics -
				  Compound Specific Applicable EPA Method
Compound
EPA Method
Antimony
6010, 6020, 7040, 7041, 7062
Arsenic
6010, 6020, 7060, 7061, 7062, 7063
Beryllium
6010, 6020, 7090, 7091
Cadmium
6010, 6020, 7130, 7131
Chromium III
Subtract Chromium VI from Total Chromium
Chromium VI
7195, 7196, 7197, 7198, 7199
Total Chromium
6010, 6020, 7190, 7191
Copper
6010, 6020, 7210, 7211
Cyanide
9010, 9012, 9013, 9213
Lead
6010, 6020, 7420, 7421
Manganese
6010, 6020, 7460, 7461
Mercury
7470, 7471, 7472
Nickel
6010, 6020, 7520, 7521
Selenium
6010, 7740, 7741, 7742
Silver
6010, 6020, 7760, 7761
Zinc
6010, 6020, 7950, 7951
E.
				  Synthetic Precipitation Leaching Procedure (SPLP) - EPA Method 1312
F. Toxicity Characteristic Leaching Procedure
				  (TCLP) - EPA Method 1311
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.17 - Method 2 Direct Exposure Criteria .

Current through June 14, 2024
1.17.1. Method 2
				  Direct Exposure Criteria
A. Ingestion
1. Residential Activity
a. Carcinogenic Substances - Residential
				  Ingestion Algorithm for Carcinogens in Soil.
Click
					 here to view image
b.
				  Non-Carcinogenic Substances - Residential Ingestion Algorithm for
				  Non-Carcinogens in Soil.
Click
					 here to view image
c. Acute Toxicity - Acute Ingestion Algorithm
				  for Soil.
Click
					 here to view image