Section 250-RICR-140-05-6.6 - Laboratory Tests of Field Site Samples (Per Section 6.2(B) of this Part)A. All sites, regardless of spill material, will be required to have lab testing performed for flashpoint, total petroleum hydrocarbons (TPH), and volatile organic compounds (VOCs - including separate tests for halogenated and non-halogenated VOC).B. A full scan, to include at minimum, the tests required in § 6.6(A) of this Part as well as tests for EPTOX metals, PCB, cyanide, and pH will be required for any of the following scenarios: 1. When the waste pile has been moved from its original site of spill to an off-site location, regardless of time elapsed since the spill occurrence or since the time of transfer. (Logic - additional contaminated soil, containing other types of contaminants, or contaminant alone could be combined with this waste pile, off-site.)2. When the soil processor's representative cannot verify from on-site visual inspection and from the statements or documentation of the generator, that the contaminated pile contains only soil and contaminant and clean-up debris from the excavated hole where the specific spill occurred. (Logic - additional contaminated soil, containing other types of contaminants from other locations at the generator's site or brought in from other sites, could be combined with this waste pile.)3. On sites with large volumes of contaminated soil, the soil processor's license application shall propose a volume, 'X' cubic yards or greater, that will require a full scan. (Logic - potential for larger quantities of hazardous waste in larger piles, which could result in significant environmental releases during incineration. Therefore, need extra caution (screen for hazardous waste using a full scan)). The application should also provide some supporting statements and justification for selection of this limit on volume of material.C. As an option, the applicant may choose up front to perform the full scan as defined in § 6.6(B) of this Part, rather than proceeding through decision steps in §§ 6.6(B)(1) through (3) of this Part in the above listed scenarios.D. If the applicant does not select the option § 6.6(C) of this Part above and where § 6.6(B) of this Part has been determined not to apply, then a sub-set of the full scan tests shall be performed, when necessary, based on knowledge of the contaminant (e.g., EP toxic lead for a spill of leaded gas) and the following steps shall be taken to decide what lab tests will be performed on field samples of contaminated soil: 1. Determination of the constituents or elements in the virgin petroleum product at the time of the spill, based on a recent fuel spec provided by the generator, or laboratory testing of sample(s) of the virgin product, or some other acceptable means to verify what is in the product. The information provided shall include the concentration (mg/l or ppm) or range of concentrations of each constituent or element.2. Each constituent or element that is at a concentration that is considered hazardous, according to the Rules and Regulations for Hazardous Waste Management (Subchapter 10 Part 1 of this Chapter), when it becomes a waste product (when it is spilled into the soil), shall be tested for, in the soil sample. Alternately, if the information provided includes only a range of concentrations of each constituent or element, then the highest concentration in this range shall be considered to be actual concentration in the spill virgin product. Examples include: a. Selected EP toxic metals: Lead in leaded gasoline and aviation fuels and cadmium in certain hydraulic oils.
b. Carcinogenic properties: Benzene (known carcinogen) in gasoline (restrict benzene to maximum of 1000 ppm in soil per RIDEM regulations).
c. An exception is PCB-contaminated soil. If the virgin petroleum product contains PCB levels greater than 50 ppm (per recent fuel spec or by lab testing of the fuel), then the resulting contaminated soil, regardless of the measured concentration of PCB in the soil is hazardous waste (TSCA regulations) and cannot be accepted for processing. Otherwise, if the PCB concentration in the soil is greater than 1 ppm, then the soil shall also be excluded from acceptance.E. If the applicant has any doubt whatsoever that the soil may be contaminated by products other than virgin petroleum products or may contain any constituent such that the pile would be considered to be hazardous waste, then additional testing such as a repeat of previous tests on other portions of the pile or other types of tests, based on a suspected contaminant, should be performed.250 R.I. Code R. 250-RICR-140-05-6.6
Amended effective4/22/2020