Section 250-RICR-140-10-1.10 - Operational Requirements for Treatment, Storage and Disposal Facilities1.10.1Applicability: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.
1.10.2Incorporation of Federal Regulations regarding Treatment, Storage and Disposal FacilitiesA. 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, andb. 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), andc. 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), andd. 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), ande. 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: b. Generator EPA ID Numberd. Transporter(s) EPA ID Number23. 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: b. Generator EPA ID Numberd. Transporter(s) EPA ID Number24. 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; andd. 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) orb. Has a 40 C.F.R. § 261.33(a)(2) OR 40 C.F.R. § 261.33(a)(4) characteristic of reactivity orc. Is a forbidden explosive as defined in 49 C.F.R. § 173.54 ord. 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, ore. 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 100ºFf. Is an ignitable compressed gas as described in 40 C.F.R. § 261.21(a) (3), org. Is a non-liquid having a 40 C.F.R. § 261.21(a)(2) characteristic of ignitability, orh. 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, orb. Has a 40 C.F.R. § 261.23(a)(3) characteristic of reactivity orc. Has a 40 C.F.R. § 261.23(a)(6) characteristic of reactivity, ord. May form potentially explosive mixtures with oxidizable materials ore. Has a 40 C.F.R. § 261.23(a)(5) characteristic of reactivity, orf. Is a liquid having a flashpoint less than 73ºF and a boiling point at or above 100ºF, org. Is a liquid having a flashpoint at or above 73ºF and a boiling point less than 100ºF, orh. Is a liquid that ignites spontaneously in dry or moist air at or below 130ºF pti. 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."250 R.I. Code R. 250-RICR-140-10-1.10
Amended effective 4/22/2020