Statutes, codes, and regulations
Rhode Island Administrative Code
Title 250 - Department of Environmental ManagementChapter 140 - Waste and Materials ManagementSubchapter 10 - HAZARDOUS WASTE
Part 1 - Rules and Regulations for Hazardous Waste Management
Section 250-RICR-140-10-1.4 - Incorporated Materials

250 R.I. Code R. 250-RICR-140-10-1.4

Download
PDF
Current through October 15, 2024
Section 250-RICR-140-10-1.4 - Incorporated Materials
A. Various federal regulations are incorporated by reference in these Rhode Island regulations. All references to particular numbered section(s) or portion(s) of such numbered section(s) of 40 C.F.R. or 49 C.F.R. means that such numbered section(s) or portion(s) of such section(s) of 40 C.F.R. and 49 C.F.R. is or are incorporated by reference, including any cross-references to additional applicable regulations, notes, appendices, and diagrams, except where additions, modifications, or exceptions are specifically stated. When a federal regulation has been incorporated by reference with State additions, modifications, or exceptions, the governing requirements include the State changes in addition to any unchanged portions of the incorporated federal regulation. Any cross references in other State regulations to a federal regulation that has been incorporated with State changes are to that regulation with the State changes. When federal regulations are incorporated by reference, State terms are substituted for federal terms, to the extent provided in § 1.5 of this Part (definitions), of Administrator/Regional Administrator and EPA/United States Environmental Protection Agency/U.S. Environmental Protection Agency/Agency, in addition to the other State changes specified elsewhere in these Rhode Island Hazardous Waste Regulations. The revision dates of the federal regulations that are incorporated by reference are specified in § 1.5 of this Part (definitions) of 40 C.F.R. and 49 C.F.R. The materials incorporated in this Part are from the July 1, 2013 C.F.R. and do not include later amendments to or editions of the incorporated material except for 40 C.F.R. § 261.4(a)(26) from the 2017 C.F.R.
1. Other references may be incorporated in-line in these regulations as necessary.
B.40 C.F.R. §§ 260 - 261, 263 - 265, 266 (except for subpart H), 270, 273, and 124 are incorporated by reference in their entirety, except as otherwise noted in these Rules and Regulations. Rhode Island has not adopted the provisions of 40 C.F.R. § 266, subpart H, relative to burning hazardous waste in boilers and industrial furnaces, nor has it adopted the provisions of 40 C.F.R. Part 268 . Instead, those provisions are administered in Rhode Island by EPA. Rhode Island has not adopted the reduced requirements of 40 C.F.R. Part 267, relative to operating under standardized permits. Those reduced requirements do not apply in Rhode Island. Rhode Island has adopted its own regulations regarding hazardous waste generators in § 1.7 of this Part. These generator regulations apply in lieu of the federal requirements in 40 C.F.R. Part 262, and 40 C.F.R. § 261.5, except to the extent that § 1.7 references particular Part 262 or §261.5 requirements. Rhode Island has adopted its own regulations regarding used oil management in § 1.16 of this Part. These used oil regulations apply in lieu of the federal requirements in 40 C.F.R. Part 279, except to the extent that § 1.16 of this Part references particular Part 279 requirements. Any term used within these Rules and Regulations not specifically defined within § 1.5 of this Part shall be defined as in the Federal regulations. Federal statutes and regulations that are cited in 40 C.F.R. Parts 260 through 273 and 124, that are not adopted by reference shall be used as guidance in interpreting the Federal regulations in 40 C.F.R. Parts 260 through 273 and 124.
C. 40 C.F.R. Parts 260 and 261 are incorporated by reference in their entirety except as provided below and as otherwise noted in these regulations:
1.40 C.F.R. § 260.1(a) - delete "265" and replace with "266".
2.40 C.F.R § 260.2(a) - delete "265" and replace with "266".
3.40 C.F.R. § 260.3 - delete "265" and replace with "266".
4. In 40 C.F.R. § 260.10 delete the definition of Facility, Hazardous secondary material, Hazardous secondary material generated and reclaimed under the control of the generator, Hazardous secondary material generator, Intermediate facility, Land-based unit, Performance track member facility, and Transfer station. See § 1.6 of this Part for the State definitions of some of these terms, which should be used in place of the non-adopted federal definitions. There are no State substitutions for some other deleted definitions as they relate to federal provisions not adopted by Rhode Island.
5. In 40 C.F.R. § 260.10 delete the definition of "Existing hazardous waste management (HWM) facility or existing facility" and replace with: "Existing hazardous waste management (HWM) facility or existing facility means a hazardous waste management facility that is in operation on or before November 19, 1980."
6. In 40 C.F.R. § 260.10 delete the definition of "New hazardous waste management (HWM) facility or new facility" and replace with: "New hazardous waste management (HWM) facility or new facility means a hazardous waste management facility that began operation after November 19, 1980."
7. Replace definition of "Designated Facility" with the definition found in § 1.5 of this Part.
8. In 40 C.F.R. § 260.30 heading, delete the words "Non-waste determinations and"
9. Delete §260.30(d) and (e).
10. In 40 C.F.R. § 260.33 heading, delete the words "or for non-waste determinations".
11. In 40 C.F.R. § 260.33 introduction, delete the words "or applications for non-waste determinations".
12. In 40 C.F.R. § 260.33(a), delete the words "or non-waste determinations".
13. Delete §260.33(c), 260.34, 260.42, and 260.43. A ll of the provisions not adopted in this §§ 1.4(C)(8) through (13) of this Part relate to determinations under the EPA Definition of Solid Waste Rule (DSW Rule), which Rhode Island has not adopted.
14. Revise 40 C.F.R. § 261.1(c)(4) to read "A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents." The additional sentences in 40 C.F.R. § 261.1(c)(4) that Rhode Island is not adopting relate to DSW Rule exclusions.
15. In 40 C.F.R. § 261.2(a)(1), delete the words "or that is not excluded by a non-waste determination under §§260.30 and 260.34."
16. Delete §261.2(a)(2)(ii).
17. Revise 40 C.F.R. § 261.2(c)(3) to read "Reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid waste when reclaimed (except as provided under 40 C.F.R. § 261.4(a)(17). Materials noted with a "-" in column 3 of Table 1 are not solid waste when reclaimed."
18. Revise the third column of 40 C.F.R. § 261.2(c) Table 1 to read "Reclamation (§261.2(c)(3)) (except as provided in §261.4(a)(17) (references to DSW Rule provision not included) for mineral processing secondary materials)".
19. Revise 40 C.F.R. § 261.4(a)(14) to read "Shredded circuit boards being recycled provided that the Department is notified in writing about this activity and that they are:"
20. Delete 40 C.F.R. §§ 261.4(a)(23), 261.4(a)(24), and 261.4(a)(25) (which relate to DSW Rule exclusions not being adopted by Rhode Island).
21. Add 40 C.F.R. § 261.4(a)(26) and the associated definitions contained in the 2017 40 C.F.R. that contains a conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are cleaned and reused are incorporated here as well. These provisions are incorporated here as well, with the following revisions:
a. No alternative test methods for determining that there are no free liquids are allowed in Rhode Island.
b. Solvent contaminated wipes may be sent only to laundries and dry cleaners in Rhode Island or in another State that has adopted this exclusion.
22. Rhode Island is not incorporating and does not recognize the conditional exclusion from the definition of hazardous waste for solvent-contaminated wipes that are disposed in 40 C.F.R. § 261.4(b)(18). Add at the end of 40 C.F.R. § 261.4(b)(1): "The provisions of the household hazardous waste exemption apply, but are limited by §§1.7.1(B)(1)(b) and (c) of this Part and §§ 1.12 and 1.14(A)(5) of this Part."
23. Delete 40 C.F.R. § 261.4(b)(7)(ii)(F). Manufactured gas plant waste is instead regulated if it meets the definition of a hazardous waste unless it meets the requirements specified in § 1.4(C)(29) of this Part and delete 40 C.F.R. § 261.4(b)(10).
24. In 40 C.F.R. § 261.4(e)(3)(iii), delete "in the Region where the sample is collected".
25. Delete 40 C.F.R. § 261.5 and replace with the following: 40 C.F.R. § 261.5 Special requirements for hazardous waste generated by CESQGs.
a. A conditionally exempt small quantity generator (CESQG) is defined in § 1.5 of this Part.
b. Requirements applicable to CESQGs are specified at §§1.7.1 through 1.7.11 and 1.7.14 of this Part.
26. Delete 40 C.F.R. §§ 261.5(h) and 261.5(j).
27 Delete the following rules related to cathode ray tubes: 40 C.F.R. §§ 261.4(a)(22), 261.39, 261.40 and 261.41. These cathode ray tube exemptions and provisions do not apply in Rhode Island; instead, cathode ray tubes are subject to the § 1.14 of this Part universal waste regulations.
28. In 40 C.F.R. § 261.9, add the following:
a. Used electronics as described in §1.14.2 of this Part and defined in § 1.5 of this Part;
b. Silver-containing photo fixing solutions as described in §1.14.3 of this Part and defined in § 1.5 of this Part.
29. In 40 C.F.R. § 261.24(a) delete the words "(except manufactured gas plant waste)" and replace with "except manufactured gas plant remediation waste that is managed under a Department approval issued in accordance with applicable RIDEM Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Subchapter 30 Part 1 of this Chapter), and that is not land disposed".
30. Delete 40 C.F.R. Part 261 Subpart H (part of DSW Rule not adopted).
D. 40 C.F.R. Part 263 is incorporated by reference in its entirety except as provided below and in § 1.8 of this Part and as otherwise noted in these regulations.
1. In 40 C.F.R. § 263.12, replace "ten days" with "seventy-two hours (excluding Sundays and federal and Rhode Island legal holidays)".
2. Delete 40 C.F.R. § 263.20(h).
E. 40 C.F.R. Part 264 is incorporated by reference in its entirety except as provided in § 1.10 of this Part and as otherwise noted in these regulations.
F. 40 C.F.R. Part 265 is incorporated by reference in its entirety except as provided below and as otherwise noted in these regulations.
1. Delete 40 C.F.R. § 265.1(c)(8) pertaining to the farmer exemption.
2. In 40 C.F.R. §§ 265.143(g) and 265.145(g) 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."
3. In 40 C.F.R. §§ 265.191(a) and 265.191(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. §§ 265.191(a), and 265.191(c), respectively.
G. 40 C.F.R. Part 266 (except for subpart H) is incorporated by reference in its entirety except as otherwise noted in these regulations.
H. 40 C.F.R. Part 270 is incorporated by reference in its entirety except as provided in § 1.9 of this Part "Issuance, Renewal and Conditions of Facility Permits" and as otherwise noted in these regulations.
I. 40 C.F.R. Part 273 is incorporated by reference in its entirety except as provided in § 1.14 of this Part and as otherwise noted in these regulations.
J. 40 C.F.R. Part 124 is incorporated by reference in its entirety except as provided in § 1.9 of this Part and as otherwise noted in these regulations.

250 R.I. Code R. 250-RICR-140-10-1.4

Amended effective 4/22/2020