250 R.I. Code R. 250-RICR-140-10-1.14

Current through October 15, 2024

Section 250-RICR-140-10-1.14 - Universal Waste

1.14.1Requirements for Universal Waste:

A. The wastes listed in this § 1.14 are exempt from regulation under 40 C.F.R. §§ 262 through 270 except as specified in 40 C.F.R. Part 273 and § 1.14 of this Part, and therefore are not fully regulated as hazardous waste provided that they are handled in full compliance with the requirements of this Part. The wastes listed in this Part are subject to regulation under 40 C.F.R. Part 273 and this Part:

1. Batteries as described in 40 C.F.R. § 273.2

2. Pesticides as described in 40 C.F.R. § 273.3

3. Mercury-containing equipment as described in 40 C.F.R. § 273.4.

4. Lamps as described in 40 C.F.R. § 273.5.

5. Used electronics as described in §1.14.2 of this Part,

6. Silver-containing photo fixing solutions as described in §1.14.3 of this Part.

1.14.2Applicability -Used Electronics:

A. The requirements of 40 C.F.R. Part 273 and this § 1.14 of this Part apply to persons managing used electronics, as defined in § 1.5 of this Part, that have become wastes. Used Electronic wastes that exhibit a hazardous characteristic and that do not fall within the scrap metal exclusions in 40 C.F.R. § 261.4(a)(13) or § 261.6(a)(3)(ii), shall be managed as universal waste (or hazardous waste). R.I. Gen. Laws Chapter 23-24.10, "Electronic Waste Prevention, Reuse and Recycling Act", bans the disposal of various types of used electronic devices at solid waste facilities.

1. A used electronic device becomes a waste on the date it is discarded. An unused electronic device becomes a waste on the date the handler decides to discard it.

2. The requirements of 40 C.F.R. Part 273 do not apply to persons managing the following used electronics: Used electronics that are not yet wastes under § 1.5 of this Part and 40 C.F.R. Part 261 . §1.14.2(A) of this Part describes when used electronics become wastes.

3. Nothing in this rule is intended to override R.I. Gen. Laws Chapter 23-24.10, Electronic Waste Prevention, Reuse and Recycling Act, that bans the disposal of various types of used electronic devices at Rhode Island Solid Waste Facilities.

1.14.3Applicability - Silver-containing photo fixing solutions:

A. The requirements of 40 C.F.R. Part 273 and this § 1.14 of this Part apply to persons managing silver containing photo fixing solutions, as defined in § 1.5 of this Part, that have become wastes, as defined in § 1.5 of this Part, when the wastes are hazardous wastes.

1. A Waste silver-containing photo fixing solution is a hazardous waste if it exhibits one or more of the characteristics identified in 40 C.F.R. Part 261, Subpart C. A silver-containing photo fixing solution becomes a waste on the date it is discarded. An unused silver-containing photo fixing solution becomes a waste on the date the handler decides to discard it.

2. The requirements of 40 C.F.R. Part 273 do not apply to persons managing the following silver-containing photo fixing solutions:

a. Silver-containing photo fixing solutions that are not yet wastes under 40 C.F.R. Part 261. §1.14.3(A) of this Part describes when silver-containing photo fixing solutions become wastes.

b. Silver-containing photo fixing solutions that are not hazardous waste. §1.14.3(A) of this Part describes when silver containing photo fixing solutions are hazardous waste.

3. Other wastes from photo processing operations that exhibit one or more of the characteristics of hazardous waste, including wastes from system cleaning (acid regenerants, system cleaners, and photographic activators (hazardous waste code D002), dichromate based cleaners (hazardous waste code D007), and off-specification chemicals (hazardous waste code D001 and D002), shall be managed as hazardous waste (not universal waste).

1.14.4Requirements for Universal Waste Handlers and Transporters:

A. The following applies to universal waste handlers and universal waste transporters, relative to the universal wastes listed in §1.14.1 of this Part:

1. The requirements of 40 C.F.R. Part 264 and 40 C.F.R. Part 265 do not apply, when handling these wastes.

2. These handlers and transporters are exempt from 40 C.F.R. §§ 268.7 and 268.50, for these hazardous wastes.

3. These handlers and transporters are not required to obtain a RCRA permit in order to manage these wastes.

4. These handlers and transporters are subject to regulation under 40 C.F.R. Part 273 and per the requirements of § 1.14 of this Part.

5. Handlers and transporters that export universal waste are subject to the export requirements of 40 C.F.R. § 273.20 (small quantity handlers), 40 C.F.R. § 273.40 (large quantity handlers) or 40 C.F.R. § 273.56 (transporters) as applicable.

1.14.5Standards for Universal Waste Management:

A. 40 C.F.R. Part 273 is incorporated by reference in its entirety, except 40 C.F.R. § 273.3(b)(1) relative to disposal of recalled or unused pesticides (since 40 C.F.R. § 262.70, the farmer exemption, is not recognized by the Department), and as otherwise provided in these rules. (See also definition of "EPA" for portions of the C.F.R. where "EPA" is replaced by "Department").

1.40 C.F.R. § 273.1 - Scope: The provisions are incorporated by reference with the following changes to 40 C.F.R. § 273.1(a):

a. Add "(5) Used electronics as defined in this Part."

b. Add "(6) silver-containing photo fixing solutions as defined in these Rules."

2.40 C.F.R. § 273.2 Applicability-Batteries: The provisions are incorporated by reference with the following change:

a. Add "(d) Exceptions to 40 C.F.R. § 273.2(b)(3). Waste nickel-cadmium, mercury oxide, and lead acid dry cell batteries shall be managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-60.1, "Dry Cell Battery Control".

3.40 C.F.R. § 273.4 Applicability- Mercury-Containing Equipment: The provisions are incorporated by reference with the following changes:

a. Delete 40 C.F.R. § 273.4(b)(2).

b. Add 40 C.F.R. § 273.4(d) to read as follows: "Waste Mercury-containing equipment shall be managed as universal waste (or hazardous waste) whether or not it exhibits a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per R.I. Gen. Laws Chapter 23-24.9, "Mercury Reduction and Education Act".

4.40 C.F.R. § 273.5 Applicability- Lamps: The provisions are incorporated by reference with the following changes:

a. Delete 40 C.F.R. § 273.5(b)(2).

b. Add 40 C.F.R. § 273.5(d) to read as follows: "Waste lamps shall be managed as universal waste (or hazardous waste) if they meet the federal or state definition of hazardous waste. Lamps that contain mercury at levels below the federal standard are still Rhode Island Hazardous Wastes (R009) if they have any added mercury. The disposal of these wastes at solid waste facilities is prohibited, except as provided in §1.14.5(A)(5)(b) of this Part (household exemption), per the solid waste disposal ban on lamps in R.I. Gen. Laws Chapter 23-24.9 "Mercury Reduction and Education Act"".

c. Lamp ballasts containing PCB's shall be managed as a hazardous waste (See definition of PCB Waste- R007 in § 1.5 of this Part) in accordance with § 1.7 of this Part.

5.40 C.F.R. § 273.8 - Applicability-household and conditionally exempt small quantity generator waste.

6.40 C.F.R. § 273.8 is not incorporated by reference. Instead, the following provisions shall apply:

a. Persons who are household hazardous waste collection facilities, as described in § 1.7 of this Part, and who handle wastes of the types described in the "Universal Waste" definition in § 1.5 of this Part, shall either handle those wastes in compliance with all requirements applicable to hazardous waste generators as provided in § 1.7 of this Part or shall handle those wastes as universal wastes per the requirements of this part.

b. Persons who are conditionally exempt small quantity generators and who:

(1) Generate waste batteries (except for waste nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), waste pesticides, and/or silver- containing photo fixing solutions as described in the "Universal Waste" definition in § 1.5 of this Part shall either handle those wastes as hazardous waste in compliance with the requirements of § 1.7 of this Part or shall handle those wastes as universal wastes per the requirements of this part.

(2) Generate and dispose of certain waste dry cell batteries (i.e., waste nickel-cadmium, mercuric oxide, or lead acid dry cell batteries), used electronics, waste mercury- containing equipment and/or waste lamps as defined in the "Universal Waste" definition in § 1.5 of this Part shall either dispose of these wastes as hazardous waste or universal waste per the requirements of this part. This satisfies the solid waste disposal ban in R.I. Gen. Laws Chapters 23-60.1, 23-24.10, and 23-24.9.

c. Persons who commingle regulated universal wastes with wastes of the types described in the "Universal Waste" definition in § 1.5 of this Part from households or from Conditionally Exempt Small Quantity Generators, shall handle the commingled wastes as hazardous wastes or universal wastes per the requirements of this part.

7.40 C.F.R. § 273.9 - Definitions: The provisions are incorporated by reference with the following changes:

a. Replace the definition of "Large Quantity Handler of Universal Waste" with the § 1.5 of this Part definition of "Large Quantity Handler of Universal Waste".

b. Replace the definition of "Small Quantity Handler of Universal Waste" with the § 1.5 of this Part definition of "Small Quantity Handler of Universal Waste".

c. Add to the definition of "Universal Waste" "(5) Used electronics as defined in this Part."

d. Add to the definition of "Universal Waste" "(6) Silver-containing photo fixing solutions as defined in this Part."

e. In the definition of "Destination facility" add the following after the last sentence: "A facility that shreds, crushes, heats, or otherwise treats a used electronic device or a component thereof (other than circuit boards), or that breaks the cathode ray tube in any universal waste used electronic device is a destination facility."

8.40 C.F.R. § 273.11 - Prohibitions: The provisions are incorporated by reference with the following changes:

a. Add "(c) Prohibited from shredding, crushing or intentionally breaking universal waste except as provided in § 1.8 in this Part."

b. Add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total items in storage onsite at any given time shall be considered insignificant.

9.40 C.F.R. § 273.13 - Waste Management: The provisions are incorporated by reference with the following changes:

a. Add "(e) Used electronics. A small quantity handler of universal waste shall manage used electronics that are universal wastes in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or recyclability of any such used electronic or component thereof.

(2) A small quantity handler of universal waste shall contain any cathode ray tube(s) from used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the cathode ray tube(s) and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics shall be managed as universal waste or hazardous waste, whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.10, "Electronic Waste Prevention, Reuse and Recycling Act".

(3) A small quantity handler of universal waste may conduct the following activities:

(AA) Sorting display devices/cathode ray tubes or other used electronics by type;

(BB) Managing different types of display devices/cathode ray tubes or other used electronics in the same container;

(CC) Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service;

(DD) Removing cathode ray tubes or other used electronics from display device casings;

(EE) Disassembling used electronics to separate batteries, circuit boards, or other components for the purpose of marketing, reselling, reusing or recycling such components, provided no treatment is occurring;

(FF) Receive and handle circuit boards provided that mercury switches/relays, nickel-cadmium batteries and lithium batteries are removed prior to processing or shipment offsite."

(4) A small quantity handler of universal waste may also conduct shredding, crushing, or other size reduction activities of circuit boards in accordance with the conditions specified in 40 C.F.R. § 261.4(a)(14) provided they notify the Department in writing of this activity. Notification should occur 30 days prior to operation of a new facility and within 90 days of promulgation of these regulations for existing facilities.

(5) A small quantity handler of universal waste shall not conduct the following activity: Breaking of cathode ray tubes in used electronic devices.

(6) A small quantity handler of universal waste may disassemble used electronics provided that the handler:

(AA) Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;

(BB) Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each used electronic device managed at the facility. This procedure shall include: the type of equipment to be used to disassemble the used electronic device safely, operation and maintenance of equipment, segregation of incompatible wastes and proper waste management practices;

(CC) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device that may occur during disassembly operations;

(DD) Segregates and transfers the disassembled electronic components to containers that meet the requirements of § 1.14 of this Part.

(EE) Ensures that employees are thoroughly familiar with the procedures for disassembling used electronics, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies and

(FF) Maintains a system to ensure compliance with the written disassembling and management procedures.

b. Add "(f) Universal Waste Silver-containing photo fixing solutions. A small quantity handler of universal waste shall manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of universal waste to the environment. The universal waste silver-containing photo fixing solutions shall be contained in one or more of the following:

(1) A container that remains closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

(2) A container that does not meet the requirements of the above listed rule may be managed by placing it in an overpack container that does meet the requirements of this Part; or

(3) A tank that meets the requirements of the tank provisions in §1.7.12 of this Part; or

(4) A transport vehicle or vessel that is closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions."

c. Regarding Mercury Containing Equipment: Delete 40 C.F.R. § 273.13(c)(4)(iii) and replace with "(iii) if the mercury containing wastes, and/or residues containing mercury is not a characteristic hazardous waste, such waste shall still be handled as universal waste (or hazardous waste). The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.9 "Mercury Reduction and Education Act"."

10.40 C.F.R. § 273.14 - Labeling/marking: The provisions are incorporated by reference with the following changes:

a. Add "(f) Used electronic devices or containers of used electronic devices shall be clearly labeled (or clearly marked) as follows:

(1) Cathode ray tubes shall be labeled with one of the following phrases: "Universal Waste- Cathode Ray Tube(s)", "Waste Cathode Ray Tube(s)" or "Used Cathode Ray Tube(s)".

(2) Other used electronic devices (that are not cathode ray tubes) shall be labeled with one of the following phrases: "Universal Waste- "Used Electronic Devices not containing CRTs".

(3) Containers with both cathode ray tubes and other used electronic devices shall be labeled with the following phrase: "Universal Waste- Used Electronic Devices with CRTs"

b. Add "(g) A container, (or multiple container package unit), tank, transport vehicle or vessel in which used universal waste silver containing photo fixing solutions as described in §1.14.3 of this Part are contained shall be labeled or marked clearly with either of the phrases "Universal Waste- Silver-Containing Photo Fixing Solution(s)" or "Waste-Silver-Containing Photo Fixing Solution(s)".

11.40 C.F.R. § 273.18 - Off-site shipments. The provisions are incorporated by reference with the following change: in paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".

12.40 C.F.R. § 273.31 - Prohibitions. The provisions are incorporated by reference with the following changes:

a. Add "(c) Prohibited from shredding, crushing or intentionally breaking universal waste except as provided in §1.14.5(A)(14) of this Part ("Waste Management")."

b. Add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total amount of universal waste items in storage onsite at any time shall be considered insignificant."

13.40 C.F.R. § 273.32 - Notification. The provisions are incorporated by reference with the following changes:

a. In 40 C.F.R. § 273.32(a)(1), after "5000-kilogram storage limit" add "(or the 20,000-kilogram storage limit for used electronics)"

b. Revise 40 C.F.R. § 273.32(b)(4) to read "A list of all types of universal waste managed by the handler (e.g. batteries, pesticides, mercury-containing equipment, lamps, used electronics, and silver-containing photo fixing solutions);

c. In 40 C.F.R. § 273.32(b)(5), after "5000 kg of universal waste" add "(or 20,000 kg of used electronics)"

14.40 C.F.R. § 273.33 - Waste Management. The provisions are incorporated by reference with the following changes:

a. Add "(e) Used electronics. A large quantity handler of universal waste shall manage used electronics that are universal wastes in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(1) Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or the potential to reuse or recycle of any such used electronic or component thereof.

(2) A large quantity handler of universal waste shall contain any cathode ray tube(s) from used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the cathode ray tube(s) and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics shall be managed as universal waste (or hazardous waste), whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in R.I. Gen. Laws Chapter 23-24.10, "Electronic Waste Prevention, Reuse and Recycling Act".

(3) A large quantity handler of universal waste may conduct the following activities:

(AA) Sorting display devices/cathode ray tubes or other used electronics by type.

(BB) Managing different types of display devices/cathode ray tubes or other used electronics in the same container.

(CC) Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service.

(DD) Removing cathode ray tubes or other used electronics from display device casings.

(FF) Receive and handle circuit boards provided that mercury switches/relays, nickel-cadmium batteries and lithium batteries are removed prior to processing or shipment offsite.

(4) A large quantity handler of universal waste may also conduct shredding, crushing, or other size reduction activities of circuit boards in accordance with the conditions specified in 40 C.F.R. § 261.4(a)(14) provided they notify the Department in writing of this activity. Notification should occur 30 days prior to operation of a new facility and within 90 days of promulgation of these regulations for existing facilities.

(5) A large quantity handler of universal waste shall not break cathode ray tubes in used electronic devices.

(6) A large quantity handler of universal waste may disassemble used electronics provided that the handler:

(AA) Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;

(CC) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device that may occur during disassembly operations;

(DD) Segregates and transfers the disassembled electronic components to containers that meet the requirements of §1.14.5(A)(14)(a) ((2)) of this Part.

(FF) Maintains a system to ensure compliance with the written disassembling and management procedures.

b. Add "(f) Universal Waste Silver-containing photo fixing solutions. A large quantity handler of universal waste shall manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste silver-containing photo fixing solutions shall be contained in one or more of the following:

(1) A container that remains closed, structurally sound compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

(2) A container that does not meet the requirements of the above listed rule may be managed by placing it in an overpack container that does meet the requirements of this Part; or

(3) A tank that meets the requirements of the tank provisions in §1.7.12(D) of this Part; or

c. Delete 40 C.F.R. § 273.33(c)(4)(iii) and replace with "(iii) If the mercury containing waste and/or residues containing mercury is not a characteristic hazardous waste, such waste shall still be handled as universal waste (or hazardous waste- R009) and not as solid waste.

15.40 C.F.R. § 273.34 - Labeling/marking. The provisions are incorporated by reference with the following changes:

a. Add "(f) Used electronics devices or containers of used electronic devices shall be clearly labeled (or clearly marked) as follows:

(1) Cathode ray tubes shall be labeled with one of the following phrases: "Universal Waste- Cathode Ray Tube(s)", "Waste Cathode Ray Tube(s)" or "Used Cathode Ray Tube(s)".

(2) Other used electronics devices (that are not cathode ray tubes) shall be labeled with one of the following phrases: "Universal Waste- "Used Electronic Devices not containing CRTs".

b. Add "(g) A container, (or multiple container package unit), tank, transport vehicle or vessel that used universal waste silver-containing photo fixing solutions as described in §1.14.3 are contained shall be labeled or marked clearly with the words "Universal Waste-Silver Containing Photo Fixing Solution(s)" or "Waste-Silver-Containing Photo Fixing Solution(s);"

16.40 C.F.R. § 273.38 - Off-site shipments. The provisions are incorporated by reference with the following change:

a. In paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".

17.40 C.F.R. § 273.51 - Prohibitions. The provisions are incorporated by reference with the following changes:

a. Add "(c) Prohibited from shredding, crushing or intentionally breaking universal waste."

b. Add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type in a transportation unit as universal waste. An insignificant number of unintentionally broken waste in a transportation unit may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment. For the purposes of these regulations, physical breakage of one item or less than 10% of the total amount of items onsite at any time shall be considered insignificant.

18.40 C.F.R. § 273.60 - Applicability. The provisions are incorporated by reference with the following change: In paragraph (a) after the phrase "of this chapter," add "to all applicable requirements of §§ 1.9, 1.10 and 1.13 of this Part,"

19.40 C.F.R. § 273.61 - Off-site shipments. The provisions are incorporated by reference with the following change:

a. In paragraph (c) replace "appropriate regional EPA office" and "EPA regional office" with "Department".

20.40 C.F.R. § 273.80 - Petitions to Include Other Wastes, Under 40 C.F.R. § 273; General. The provisions are incorporated by reference with the following changes:

a. In 40 C.F.R. §§ 273.80(b) and 273.80(c), delete "Administrator" and replace with "Director".

250 R.I. Code R. 250-RICR-140-10-1.14

Amended effective 4/22/2020