A. General Operating Standards The facility shall meet all regulations set forth in this rule and its sub-sections and shall comply with the provisions and limitations of all other pertinent regulations of the Department, including the General Operating Standards in § 1.5 of this Subchapter.
B. Access 1. Access to the anaerobic digestion facility shall be limited to the hours in which authorized operating personnel are on duty at the facility.2. Gates shall be locked and all access points shall be secured when the facility is closed and when no authorized personnel are on site.C. Signs 1. There shall be a sign erected at the entrance to the facility, which is clearly legible and visible, and which shall contain at least the following information: a. Name of facility and operator,b. Emergency phone number,c. Restricted (prohibited) materials,d. Operating hours and days open;2. There shall be adequate directional signs at the entrance and within the grounds of the facility to direct drivers to the appropriate loading area, assist in traffic flow, and regulate speed on facility property.D. Traffic Flow The delivery of feedstock to the facility and the removal of the generated materials by the operation shall be conducted so as to prevent traffic backups and allow the access way open for emergency vehicles.
E. Feedstock Screening and Inspection Operations The owner/operator shall implement feedstock receiving area control measures that provide for the screening and inspection of the incoming feedstock to prevent the acceptance of prohibited or unauthorized feedstock types and to remove unsuitable material prior to the initiation of processing.
F. Incoming Feedstock Storage and Schedule for Processing 1. All incoming feedstock that is not immediately processed shall be confined to the designated storage area for such feedstock, until processing occurs;2. Incoming feedstock shall be processed within three (3) days or disposed of in a manner acceptable to the Department, unless an alternate option is approved by the Department;3. If the anaerobic digestion facility (including, but not limited to up-front processing operations and/or digestion operations) is out of service for a period of time that exceeds the storage capacity of the facility, then additional feedstock shall not be received during the outage period.G. Substitute Disposal Provisions 1. The facility shall have an alternate method of disposal with another instate or out-of-state licensed solid waste management facility in the event of equipment failure, forced shut-down or other reason which prevents the facility from receiving or processing a part or all of its normal feedstock input or maintaining acceptable operating conditions and environmental controls. The alternate facility's name and address shall be submitted to the Department.2. If, for any reason, the facility becomes inoperable, the owner or operator shall notify the Department within forty-eight (48) hours and implement this contingency disposal plan within three (3) days or sooner if off-site odor problems develop.H. Non-Processibles and Prohibited Wastes Handling Procedures and Removal If any non-processibles and prohibited wastes are received by the facility (in the incoming feedstock) and are not immediately removed off-site for recycling or disposal, then they shall be stored in a manner and for a time period that is approved by the Department, as provided for in the approved operating plan.
I. Recyclables Handling Procedures and Removal Recyclables that are separated from the feedstock and not immediately removed off-site for recycling shall be stored in a manner as provided for in the approved operating plan.
J. Residues Handling Procedures, Removal, and Disposal 1. Residues from digester operations or separated from digestate or final products, if not immediately removed off-site for disposal, shall be stored in a manner for a time period that is approved by the Department, as provided for in the approved operating plan.2. Any storage of residues (if any) shall be done in a manner that prevents nuisances and vector intrusion.3. Disposal of residues shall be at a licensed solid waste management facility.K. Odor Control 1. The operator shall prevent and eliminate conditions that create odors.2. The facility shall be operated to control any odors that are created.3. The facility shall not discharge air pollutants, which cause objectionable odors off-site (beyond the facility's property line). Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.4. The anaerobic digestion facility must establish an odor complaint hot line. The facility shall have the ability to receive calls on a twenty-four (24) hour per day basis. (An answering machine may be used for this purpose.) Complaints received during normal operating hours shall be investigated and responded to immediately. Complaints received when the facility is closed shall be investigated and responded to within twelve (12) hours from when the complaint is received. All complaints received by the facility and actions taken in response to the complaints shall be reported to the Department within twenty-four (24) hours from when the complaint was received. The facility operating plan shall indicate how the odor complaint hot line will be established and what actions will be taken when odor complaints are received. Odor complaint forms shall be created and maintained by the facility.L. Vector Control 1. The facility shall not operate unless any on-site vector population is minimized by appropriate techniques to protect public health as follows: a. Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors.b. Control of insects and rodents, when needed, shall be affected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department. Use of such pesticides shall be performed with care, such that finished product is not contaminated by these agents.c. The operator shall inspect the facility daily to detect any vectors and promptly take corrective action.M. Litter Control 1. The operator shall not allow feedstock, digestate, finished product, residue, or other materials or wastes to be blown or otherwise undesirably deposited off-site.2. The operator shall inspect the facility's property daily to detect litter and promptly take any necessary and corrective actions.N. Dust Control 1. The operator shall prevent and eliminate conditions that create dust.2. The operator shall use suitable methods and take appropriate actions at all times to control dust at the facility, also including access roads to and from the facility and other areas related to facility operation.3. The operator shall inspect the facility daily to detect any dust accumulation and promptly take corrective action.O. Air Standards 1. Any anaerobic digestion facility shall not violate the following:a. State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410 (2017).b. The Rhode Island Clean Air Act, R.I. Gen. Laws Chapter 23-23 and the Rules and Regulations promulgated thereunder.c. Odors: The anaerobic digestion facility shall not emit or cause to be emitted into the atmosphere any air contaminants or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.P. Surface Water Pollution The facility shall not cause pollution of the surface waters of the United States so as to violate the R.I. Water Pollution Act, R.I. Gen. Laws Chapter 46-12, as is or as amended, §402 of the Clean Water Act, 33 U.S.C. § 1251 et seq. (2017), nor shall the facility cause a discharge of dredged material or fill in violation of Section 404 of the Clean Water Act.
Q. Groundwater Pollution The facility shall not cause pollution of any groundwater. In addition, the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. § 1251 et seq. (2017), and the regulations adopted pursuant to the Act, specifically 40 C.F.R. § 257.3-4 (2017).
R. Storm Water Control, Sedimentation and Erosion Control 1. The applicant shall submit a storm water, sedimentation and erosion control plan to the Department for its review and approval. The plan shall include, but not be limited: a. Implementing any necessary control measures to divert storm water away from all operation areas and to minimize the surface water run-off onto nearby properties.b. In the event that storm water does come in contact with feedstock being stored or processed, digestate being processed, composted or cured (if applicable), or with digestate residue, the stormwater shall be considered leachate and shall be diverted to the collection area for proper disposal or shall be re-used in processing activities.c. The facility owner and/or operator shall employ procedures to prevent and minimize erosion and sedimentation during construction, operation, and after closure.d. The facility shall implement steps to prevent tracking of any on-site sediment onto the public roads.S. Leachate and Wastewater Control 1. All leachate must be managed by a Department approved method and treated, if necessary, to meet any applicable requirements.2. The facility shall contain, collect, recycle, or properly dispose any and all liquid waste received or generated at the facility.3. Any wastewater and liquid waste that is not recycled, but instead disposed, shall be disposed in a manner that does not pollute any source of private or public water supply, any waters of the state, or groundwater.T. Operational Records Requirements 1. The owner or operator shall record and shall maintain (for at least three (3) years) the following information regarding daily facility activities. Records shall be available for inspection by Department personnel during normal business hours. Daily records and logs shall include the date of the event. a. Source, description and quantity of all feedstocks received at the facility, as well as any amendments to be used in the digestion process. These records shall be recorded on a daily basis and on the day the feedstock is received; (1) The "source" shall include the name and address of the generator or point of origin of such feedstock, or amendment used in the digestion process,(2) "Quantity" shall be the weight or volume of feedstock or amendments received and the quantity of each type of material shall be recorded individually and separately.b. Description and quantity, by weight or volume, of prohibited or nonprocessible wastes transported from the facility and destination of such waste, recorded on a daily basis. These wastes shall include, but not be limited to, any hazardous, non-permitted, or other wastes in the incoming feedstock, which have been separated out.c. Description and quantity, by weight or volume, for each category of recyclable, salvaged, or recovered material transported from the facility and destination of such material recorded on a daily basis.d. Description and quantity, by weight or volume, of residues transported from the facility for disposal and destination of such residues, recorded on a daily basis.e. Description and quantity by weight or volume, of any feedstock bypassed by the facility in the event of equipment failure or forced outage or other reason which prevents the facility from receiving or processing this feedstock. This daily record shall indicate that this is by-passed waste and shall indicate the reason for bypassing the feedstock and the destination of such feedstock.f. Quantity of non-marketable product material, by weight or volume, transported from the facility for disposal and destination of such material, recorded on a daily basis. This record shall indicate that the material is non-marketable and the record shall indicate the reason (e.g., lack of market, does not meet market specifications, does not meet product quality standards for Class "A", "B", or "C" compost or other reason).g. A description of and the quantity by weight or volume, of product transported from the facility, and the destination of the product and planned use of the product, recorded on a daily basis.h. Digester process monitoring data, collected on a daily basis, at least demonstrating that any digestate that will be distributed as a product has been subject to a method to reduce pathogens to the extent equivalent to the reduction achieved by methods shown in § 8.11(N)(5) of this Part.i. A record of actions log, which provides a summary of corrective actions taken by the facility owner/operator, relative to any deficiencies noted in Department inspection reports and relative to any deficiencies or violations issued by the Department in letters of deficiency or notices of violations.j. Summary of all maintenance procedures on processes, equipment, or monitoring and control systems, and site inspection records.k. Personnel Training Records - Training records that document the type and amount of training received by current facility personnel shall be maintained at the facility in accordance with the operating plan.l. Any other records to be kept, as required by the Department or as provided in the approved operating plan.U. Operational Reports to DEM The facility owner and/or operator shall provide periodic written reports of operation, if required by DEM per the approved license. The details and frequency of reporting shall be provided in the approved operating plan or as license conditions.
V. Facility Equipment Requirements 1. The operator shall maintain on-site equipment necessary for facility operation in accordance with the license. The equipment shall be maintained in an operable condition.2. Replacement equipment and parts for equipment which are subject to excess wear or frequent breakdown, due to the nature of operation shall be available to provide for expedient repair.3. If a breakdown of operator's equipment occurs, standby equipment shall be utilized as necessary to comply with any license condition.W. Facility Inspection and Maintenance 1. The operator of the facility shall maintain all facility components, systems, and equipment in a manner that facilitates proper operation and minimizes downtime.2. Immediately following the initiation of facility operation, facility personnel shall begin routine inspection for operating effectiveness and equipment/component/system deterioration or malfunction.3. A planned maintenance and overhaul schedule for major equipment shall be established and executed during facility operation.X. Health and Safety 1. The facility shall be designed, operated, and maintained in such a manner so as to protect the health and safety of users of the facility and personnel associated with facility operation, and persons in close proximity to the facility.2. First aid facilities and supplies shall be available at the facility.Y. Fire Prevention and Protection 1. The facility shall be maintained and operated to prevent and minimize the potential for fire or explosion.2. The facility shall have a suitable quantity of water at sufficient pressures suitable for fire-fighting purposes and approved by the local fire authority.3. Portable fire extinguishers and fire control equipment shall be available and in proper working condition, at the operating area of the facility.Z. Emergency Support Services The facility shall have arrangements, in writing, from nearby fire department, police department, rescue service, medical service, hazardous waste emergency response company, and hazardous waste transporter to provide emergency services in case of facility fires, explosions, hazardous waste incidents or other similar emergencies.AA. Personnel Staffing Requirements 1. There must be at least one trained attendant (trained in the operation of the facility) on site during any and all operating hours that the facility is open to receive waste.2. The facility shall maintain sufficient types of quantity and personnel during each operating shift to assure the proper and orderly operation of all components and systems, along with the ability to handle all routine maintenance requirements. Such personnel shall have sufficient educational background, employment experience, and/or training to enable them to perform their duties in a safe and competent manner.BB. Facility Management 1. Each operating shift shall have a designated shift supervisor or equivalent to direct and implement operational decisions during that shift.2. The operation of the facility shall be under supervision and control of qualified individual(s) during all operating hours.CC. Personnel Training Programs 1. There shall be a comprehensive training program for all employees covering normal job responsibilities and procedures, emergency situations and procedures, and safety issues.2. Employees involved with operation and/or maintenance of the facility shall receive training at least annually.3. Facility specific training manual(s) shall be used for training facility personnel. The manual(s) shall be kept up-to-date, with any necessary revisions made at least annually. The manual(s) shall be kept in a readily accessible location and shall be available for inspection by the Department.4. Operating and maintenance personnel shall receive their initial training prior to assumption of operational/maintenance activities.DD. Emergency Contingency Plans Contingency plans and procedures to handle fires, explosions, hazardous waste incidents and similar emergencies shall be developed for facility personnel and in conjunction with local authorities (police, rescue, fire, medical groups, hazardous waste response companies and transporters), prior to facility operation.
EE. Operation and Maintenance Manual An operation manual of policies and procedures specific to the facility shall be prepared and updated as needed and available at the facility for inspection by the Department. It shall include general design information, and detailed operational information and instructions that enable supervisory and operating personnel to determine sequence of operations, and routine maintenance procedures with schedules to be followed. Also, it shall include safety requirements and procedures, emergency shutdown procedures and trouble-shooting procedures.
FF. Facility Closure Plan 1. The facility's owner/operator shall notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin.2. The facility must implement the approved closure plan.3. Requests for deviations from the previously approved closure plan shall be in writing, including an updated final closure plan, if appropriate, and written approval from the Department must be obtained prior to implementation.4. After the closure plan has been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of deficiencies, if any, will be returned to the owner of the facility. A final Department inspection will be required after all deficiencies are corrected.5. A professional engineer registered in the State of Rhode Island shall certify that the facility is properly closed in conjunction with its approved closure plan.250 R.I. Code R. 250-RICR-140-05-8.15
Amended effective4/22/2020