250 R.I. Code R. 250-RICR-140-10-1.5

Current through October 15, 2024

Section 250-RICR-140-10-1.5 - Definitions

A. Any term used within these regulations not specifically defined within this section shall be defined as in 40 C.F.R. § 260.10, incorporated above at § 1.4(B) of this Part.

1. "Aboveground tank" means a tank used to store or process hazardous waste or used oil that is not an underground storage tank as defined in these regulations.

2. "Active portion" means any portion of a hazardous waste management facility that is being used or has been used in the past to unload, treat, store or dispose of hazardous waste, but does not include the closed portion.

3. "Acutely hazardous waste" means materials identified in 40 C.F.R. § 261.33(e) and wastes identified in 40 C.F.R. § 261.30(d) and in 40 C.F.R. § 261.11(a)(2).

4. "Administrator" or "Regional administrator" or "Assistant administrator" or "Assistant administrator for solid waste and emergency response" or "EPA administrator" or "State Director" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, shall mean the Director of the Department of Environmental Management, or his/her designee, except as follows:

a. Use of the word "Administrator" or "Regional Administrator" (or "Assistant Administrator" or "Assistant Administrator for Solid Waste and Emergency Response" or "EPA Administrator") in any section of the Code of Federal Regulations that cannot be delegated from EPA to any state, including Rhode Island and that include the following 40 C.F.R. Parts 262, Subpart E and Subpart H and 263, Subpart B regarding exports of hazardous waste; §§268.5, 268.6, and 268.42(b) plus 268.44(a-g) regarding land disposal restrictions.

b. References to the Administrator or to the Regional Administrator, appearing therein, shall be interpreted as referring to the Director, except for such references in 40 C.F.R. § 260.10 other than its use in the definition of a boiler, in 40 C.F.R. §§ 260.20(b) and 260.22, in 40 C.F.R. § 261.4(f)(1), in 40 C.F.R. § 261.10 and 261.11, in 40 C.F.R. § 262, Subpart E and Subpart H, in 40 C.F.R. § 264.12(a), in 40 C.F.R. § 265.12(a), in 40 C.F.R. § 268.5, in 40 C.F.R. § 268.13, in 40 C.F.R. § 268.40, in 40 C.F.R. § 268.42(b), in 40 C.F.R. § 270.2, in 40 C.F.R. § 270.5, in 40 C.F.R. §§ 270.10(e)(2) and (e)(3), in 40 C.F.R. § 270.10(f)(2), in 40 C.F.R. §§ 270.10(g)(1)(i) and (iii), in 40 C.F.R. § 270.10(f)(3), in 40 C.F.R. § 270.11(a)(3), in 40 C.F.R. § 270.14(b) (20), in 40 C.F.R. § 270.32(b)(2), in 40 C.F.R. § 271.5, in 270.110(h), and in any other section of 40 C.F.R. not adopted by reference or not delegable to the State of Rhode Island.

c. In §§ 1.4(A) and (B) of this Part, where "Administrator" or "Regional Administrator" does not mean the Director of the Department of Environmental Management, or his/her designee, "Administrator" means the Administrator of the Environmental Protection Agency, or his/her designee, and "Regional Administrator" shall mean the Regional Administrator for the EPA region where the facility is located, or his/her designee.

5. "Architectural paint" means interior and exterior architectural coatings recommended for field application to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs. This definition excludes adhesives and coatings recommended by the manufacturer or importer solely for shop applications or solely for application to non-stationary structures, such as automobiles, airplanes, ships, boats, and railcars.

a. The term architectural paint includes both materials that meet the definition of hazardous waste (i.e. oil based pants and polyurethanes) as well as non-hazardous wastes (i.e. latex paint, water based polyurethanes). The use of the term architectural paint in these regulations is not meant to imply that the materials are or are not hazardous wastes. As with other wastes, such a determination must be made using analysis or generator knowledge as described in § 1.7 of this Part.

6. "Asbestos" means actinolite, amosite, anthophylite, chrysotile, crocidolite and tremolite.

7. "Base flood" means a flood that has a 1% or greater chance of recurring in any year. The 100 year flood plain means any land that is subject to flooding as the result of a base flood.

8. "Boiler" means that term as defined in 40 C.F.R. § 260.10. However, variances from this definition may be granted by the Director in accordance with the provisions of §1.6.2 of this Part, the provisions of 40 C.F.R. § 260.32 and the procedures of 40 C.F.R. § 260.33.

9. "Closed portion" means that portion of a facility that an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements.

10. "Closure plan" means the plan prepared for closure in accordance with these Rules and Regulations.

11. "Coastal high hazard area" means the area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunamis as designated on Flood Insurance Rate Maps (FIRM) as Zone VI-30 (found at https://msc.fema.gov/portal).

12. "Community collection center" means a location registered with the Department to accept Household Hazardous Waste and/or hazardous waste from Conditionally Exempt Small Quantity Generators. The Community Collection Center shall include all contiguous land, structures and other appurtenances and improvements on the land used for accepting, storing, consolidating or shipping hazardous waste or used oil.

13. "Community water system" means a system for the provision to the public of piped water for human consumption that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

14. "Conditionally exempt small quantity generator" or "CESQG" means a person who meets all of the conditions below:

a. Generates 220 lbs (100 kg) or less of hazardous waste in a calendar month, and

b. Generates 2.2 lbs (1 kg) or less of acutely hazardous waste in a calendar month, and

c. Generates 220 lbs (100 kg) or less of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month, and

d. Accumulates on-site a total amount of hazardous waste that is less than 2,200 lbs (1,000 kg) and a total amount of acute hazardous waste that is less than 2.2 lbs (1 kg) and a total amount of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste into or on any land or water that is less than 220 lbs (100 kg).

e. Such quantity determination shall be made in accordance with §1.7.6 of this Part. [see also definitions of Small Quantity Generator and Large Quantity Generator].

15. "Consignee" means a person or agent to whom something is sent.

16. "Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.

17. "Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents that would threaten human health or the environment.

18. "Critical habitat" means that area for an endangered species as defined in the Endangered Species Act, 16 U.S.C. § 1532.

19. "Department" means the Department of Environmental Management.

20. "Designated facility" means: A hazardous waste treatment, storage, or disposal facility that:

a. Has received a permit (or interim status) in accordance with the requirements of 40 C.F.R. Parts 270 and 124,

b. Has received a permit (or interim status) from a State authorized in accordance with 40 C.F.R. Part 271 or

c. Is regulated under 40 C.F.R. § 261.6(c)(2) or subpart F of 40 C.F.R. Part 266 and

d. That has been designated on the manifest by the generator pursuant to 40 C.F.R. § 262.20, excluding 262.20(e).

e. Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 40 C.F.R. §§ 264.72(f) or 265.72(f).

f. If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.

21. "Destination facility" means a facility that treats, disposes of, or conducts on-site recycling of a particular category of universal waste, except those management activities described in 40 C.F.R. § 273.13(a) and (c) and 40 C.F.R. § 273.33(a) and (c). A facility, at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

22. "Director" means the Director of the Department of Environmental Management, or his/her designee.

23. "Direct recharge area" means any area in which precipitation percolates to the water table and flows through subsurface materials to a specified area of discharge. The specified area of discharge may be a reach of a stream, a spring, a well or a well field.

24. "Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.

25. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, abandoning or placing of any hazardous waste in, on, into or onto any land, other surface, or building, or into any water, stormwater system or sewer system.

26. "DOT" or "Department of Transportation" means as used in the portions of the Code of Federal Regulations that are incorporated by reference means the USDOT ("US Department of Transportation").

27. "Endangerment" means the introduction of a substance into groundwater so as to cause the maximum allowable contaminant levels established in the National Primary Drinking Water Standards or the standards contained in the Public Drinking Water Regulations of the Rhode Island Department of Health (216-RICR- 50-05-1) to be exceeded in the groundwater; or require additional treatment of the groundwater in order not to exceed the maximum contaminant levels established in any promulgated National Primary Drinking Water Standard or the standards contained in the Public Drinking Water Regulations of the Rhode Island Department of Health.

28. "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, means the "Department" or the "Department of Environmental Management", except as follows:

a. References to "EPA Identification numbers", "EPA hazardous waste numbers", "EPA test methods", "EPA publications", "EPA form(s)", "EPA Guidance", or "EPA Acknowledgement of Consent".

b. Use of "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency", including its mailing address, where shown, in the following 40 C.F.R. §§ 260.10, 260.11(a), 261 Appendix ix, 264.12(a), 265.12(a), 268.1(e)(3), 270.2, 270.10(e)(2), 270.32(a), 270.32(c), 270.72(a)(5), 270.72(b)(5), 273.32(a)(3).

c. Use of "EPA" or "United States Environmental Protection Agency" or "U.S. Environmental Protection Agency" or "Agency" in any section of the Code of Federal Regulations that cannot be delegated to any state, including Rhode Island and that include the following 40 C.F.R. Part 262, Subpart B, Subpart E, & Subpart H and Part 263, Subpart B regarding exports of hazardous waste; §§262.60(c) and (e) and 264.71(d) regarding imports of hazardous waste; and §§268.5, 268.6, and 268.42(b) plus 268.44(a-g) regarding land disposal restrictions.

d. Use of EPA with respect to manifest registry functions under 40 C.F.R. § 262.21 and with respect to export requirement in 40 C.F.R. § 263.20(a) and (g).

e. Usage in the term "EPA region" in 40 C.F.R. Part 260.

f. References to "EPA Director of the Office of Solid Waste" in 40 C.F.R. § 262.21.

g. References to EPA's "International Compliance Assurance Division" in 40 C.F.R. §§ 264.71(a)(3) and 265.71(a)(3).

29. "EPA identification number" or "I.D. No." means the number assigned by the Department to each generator, hazardous waste transporter, and treatment, storage or disposal facility.

30. "Evaporation unit" means a tank or tank system that:

a. Heats wastewater to intentionally evaporate water to reduce the volume of the wastewater only and;

b. Receives and treats or stores an influent wastewater that is a hazardous waste, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste, or treats or stores a wastewater treatment sludge which is a hazardous waste and;

c. Is not used to dispose of hazardous waste and;

d. Has notified the Department as required by §1.7.1(C)(5)(e) of this Part.

e. Evaporation unit does not mean a sludge dryer associated with a wastewater treatment unit. Also, sludge dryers not associated with wastewater treatment units shall be considered hazardous waste treatment units in accordance with §§ 1.9 and 1.10 of this Part.

31. "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste, is in operation and meets the following definition:

a. A tank system that is owned or operated by a small quantity generator or any tank system (aboveground, onground, inground, or underground) that cannot be entered for inspection, and for which the installation commenced on or prior to July 14, 1986 or;

b. A tank system (aboveground, onground, inground, or underground) that is not owned or operated by a small quantity generator that can be entered for inspection, and for which the installation commenced on or prior to December 1, 1992.

c. For the definitions above, installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either.

(1) a continuous on-site physical construction or installation program has begun, or

(2) the owner or operator has entered into contractual obligations-which cannot be canceled or modified without substantial loss-for physical construction of the site or installation of the tank system to be completed within a reasonable time.

32. "Facility" means all contiguous land, structures and other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste or used oil. For the purposes of implementing corrective action under 40 C.F.R. § 264.101, the term shall mean all contiguous property under the control of the owner or operator seeking a RCRA subtitle C permit. The term shall also mean all contiguous property under control of the owner or operator of an interim status facility implementing corrective action.

33. "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side.

34. "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 - 136y).

35. "Flood plain" means that area covered by a flood that has a one percent or greater chance of occurring in any year or of a magnitude equaled or exceeded once in 100 years on the average.

36. "Generator" means any person, by site, who produces hazardous waste or imports hazardous waste from a foreign country or whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. Any person that takes possession or control of hazardous waste by obtaining property where hazardous waste is stored or abandoned shall be considered a generator. The term "generator" shall include Large Quantity Generators, Small Quantity Generators and Conditionally Exempt Small Quantity Generators.

37. "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form that, because of its quantity, concentration, or physical or chemical characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment. "Hazardous waste" means any hazardous waste as defined in 40 C.F.R. § 261.3 or is subject to regulation under 40 C.F.R. §§ 261.7 and 261.33 as well as any hazardous waste defined in § 1.5 of this Part including Rhode Island Hazardous Waste. Where the phrase solid waste appears in the Code of Federal Regulations, the word waste may be substituted.

a. Mixed waste as defined in § 1.5 of this Part is also a hazardous waste.

b. Determination that a material is not a hazardous waste must be made in accordance with 40 C.F.R. §§ 260.30, 260.31, and 260.33.

c. Hazardous wastes that are recycled are subject to the provisions of 40 C.F.R. § 261.6 and the sections of 40 C.F.R. Part 266 referenced therein, except as limited by R.I. Gen. Laws § 23-19.1-10(f) and except as 40 C.F.R. § 261.6(a)(4) affects used oil that exhibits one or more of the characteristics of hazardous waste. The Director may also regulate certain recycling activities as provided by 40 C.F.R. §§ 260.40 and 260.41.

38. "Hazardous waste disposal facility" means real and personal property acquired, constructed or operated for the purpose of the disposal of hazardous waste. This term does not include a corrective action management unit into which remediation wastes are placed.

39. "Hazardous waste incinerator" means an engineered device using controlled flame combustion for thermally degrading hazardous waste.

40. "Hazardous waste management facility" means a facility, excluding vehicles, for collection, source separation, storage, processing, treatment, recovery or disposal of hazardous wastes, or a transfer station for hazardous waste, and may include a facility where such activities occur and where waste has been generated.

41. "Hazardous waste transporter" means a person, individual, firm, partnership, association and private or municipal corporation that transports hazardous waste.

42. "Hazardous waste treatment facility" or "Hazardous waste storage facility" means real and personal property acquired, constructed or operated for the purpose of storing or treating hazardous wastes.

43. "Household hazardous waste" means waste that meets any of the definitions of a hazardous waste and which is derived from households. This definition does not include hazardous wastes generated in households as part of a business, nor shall this definition extend to wastes from hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas, except for those wastes ordinarily left behind by guests or other users of these institutions. Hazardous waste pharmaceuticals from residential care apartment complexes or other properties that purchase, store, distribute or otherwise centrally manage medications on behalf of tenants are not considered household hazardous waste, but rather are regulated as hazardous waste.

44. "Household hazardous waste facility" means a facility that accepts for subsequent disposal, only household hazardous waste as defined above.

45. "Household hazardous waste pharmaceuticals" means pharmaceutical wastes (medications) that also meet the definition of household hazardous waste.

46. "Household refuse" means refuse generally produced at a home.

47. "Household used oil" means used oil derived from households.

48. "Household used oil generator" means an individual who generates household used oil.

49. "Incineration" means the treatment of hazardous waste using controlled flame combustion, the primary purpose of which is to thermally break down the hazardous waste.

50. "Incinerator" means any enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace.

51. "Incompatible wastes" means a hazardous waste that is unsuitable for:

a. Placement in a particular device or facility because it may cause corrosion or decay of containment materials; or

b. Commingling with another waste or material under controlled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes or gases or flammable fumes or gases.

52. "Industrial furnace" means any device listed as such in 40 C.F.R. § 260.10 or other devices that the Director may, after notice and comment, add to the list based on one or more of the factors specified in part 13 of the definition of industrial furnace in 40 C.F.R. § 260.10.

53. "Injection well" means a well or system of wells used for the disposal of hazardous waste by pumping the waste into deep wells where they are contained in the pores of permeable subsurface rock.

54. "In operation" means a facility that is treating, storing or disposing of hazardous waste.

55. "Land disposal facilities" means surface impoundments, waste piles, land treatment facilities and landfills.

56. "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and that is not a land treatment facility, a surface impoundment, an injection well, a waste pile, or a corrective action management unit.

57. "Land treatment facility" means a facility or part of a facility where hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

58. "Large quantity generator of hazardous waste" or "LQG" means a person who meets any of the following conditions:

a. Generates 2,200 lbs (1,000 kg) or more of hazardous waste in a calendar month, or

b. Generates greater than 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month, or

c. Generates more than 220 lbs (100 kg) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month or

d. The quantity of hazardous waste stored on-site exceeds 13,200 lbs (6,000 kg) at any one time, or the quantity of acutely hazardous waste stored on-site exceeds 2.2 lbs (1 kg) at any one time, or the quantity of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste into or on any land or water stored on-site exceeds 220 lbs (100 kg) at any one time.

e. Such quantity determination shall be made in accordance with §1.7.6 of this Part. [See also definitions of Small Quantity Generator and Conditionally Exempt Small Quantity Generator]

59. "Large quantity handler of universal waste" means a universal waste handler (§1.7.6 of this Part) who accumulates 20,000 kilograms or more total of used electronics, calculated collectively at any time, or who accumulates 5,000 kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides, mercury-containing equipment, lamps, or silver-containing photo fixing solutions), calculated collectively at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year where 20,000 kilograms or more total of used electronics, or 5,000 kilograms (11,000 pounds) or more total of all other universal waste is accumulated.

60. "Liquid" means any waste that expresses as separable liquid by weight thirty percent (30%) or more of the waste when exposed to a vacuum of 3/4 atmosphere for thirty (30) minutes.

61. "Load" means a mass or weight of a particular hazardous waste contained in one or more transporting container(s).

62. "Local land authority" means a city or town council.

63. "Low-level mixed waste" means waste that contains both low-level radioactive waste and hazardous waste.

64. "Low-level radioactive waste" means a radioactive waste that contains source material, special nuclear material, or byproduct material, and that is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11 e(2) of the Atomic Energy Act (42 U.S.C.).

65. "Manifest" means the Uniform Hazardous Waste Manifest (EPA Form 8700-22, including Form 8700-22A) as defined by 40 C.F.R. § 260.10. Examples of these forms can also be found at http://www.epa.gov/epawaste/hazard/transportation/manifest/forms.htm.

66. "Manufacturing and mining by-products" means secondary or incidental materials created in manufacturing or mining operations.

67. "Mixed waste" means a waste that contains both hazardous waste and radioactive waste that is classified as source material, special nuclear material, or byproduct material subject to the Atomic Energy Act of 1954, as amended as of the effective date of these regulations.

68. "NARM" or "Naturally occurring and/or accelerator-produced radioactive material" means radioactive materials that:

a. Are naturally occurring and are not source, special nuclear, or byproduct materials as defined by the Atomic Energy Act, or

b. Are produced by an accelerator.

69. "New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and that meets the following definition:

(1) a continuous on-site physical construction or installation program has begun, or

70. "On-site" means the same or geographically contiguous property that may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person connected by a right-of-way that he controls and to which the public does not have access is also considered on-site property.

71. "Operator" means the person who is responsible for the operation of the facility.

72. "Owner" means the person who owns the facility or part of the facility.

73. "Paint collection center" means a location registered with the Department to accept only architectural paint that is either Household Hazardous Waste and/or is generated by Conditionally Exempt Small Quantity Generators. The Paint Collection Center shall include all contiguous land, structures and other appurtenances and improvements on the land used for accepting, storing, consolidating or shipping paint.

74. "PCB" or "PCBs" means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances that contains such substances.

75. "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the Federal Government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.

76. "Precious metal bearing wastes" means all materials destined for reclamation containing a concentration of gold, silver, rhodium, palladium and/or platinum that makes the waste economically recoverable including, but not limited to, plating baths and stripping solutions.

77. "Processing used oil" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the used oil fuel specifications, filtration, simple distillation, chemical or physical separation and re-refining.

78. "RAP" means a Remedial Action Plan as defined in 40 C.F.R. § 270.2.

79. "RCRA" or "Resource Conservation and Recovery Act" or "Subtitle C of RCRA" or "RCRA Subtitle C" or "Subtitle C" means as used in the portions of the Code of Federal Regulations that are incorporated by reference, when referring either to an operating permit or to the Federal hazardous waste program as a whole (i.e., not a specific provision of RCRA), means the R.I. Gen. Laws Chapter 23-19.1 (Hazardous Waste Management Act), except as otherwise noted in these Rules and Regulations and except at 40 C.F.R. § 260.10 definition of "Act" or "RCRA", at 40 C.F.R. § 262 Appendix, at 40 C.F.R. § 270.2 definition of "RCRA" and at 40 C.F.R. § 270.51 reference to "EPA-issued RCRA permit".

80. "Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation waste.

81. "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil.

82. "Rhode Island hazardous wastes" means any waste meeting the below-listed definitions:

a. Rhode Island Hazardous Waste Codes R001-R010 - Waste codes R001 through R010 are only to be used if the waste meets the definition associated with these codes and does not meet any of the federal definitions of a hazardous waste.

(1) Used Electronics (R001) shall mean used electronics voluntarily managed as a hazardous waste.

(2) Reserved: The following waste codes are reserved: R002, R003, R004, R005 and R008.

(3) "Extremely hazardous waste" or "R006" means any waste that:

(AA) Contains any known carcinogen as designated in regulatory rule-making by any of the federal agencies (OSHA, FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or above the federally regulated level or at 1/10 of 1% (0.1%) by weight, whichever is more stringent, of any solid or liquid mixture. (This rule does not apply to asbestos waste or PCB waste.) or

(BB) Contains any suspect human carcinogen as designated in a regulatory rule-making by any of the federal agencies (OSHA, FDA, EPA, CPSC or DHHS-NTP) in concentrations or amounts at or above the federally regulated level or at 1% by weight whichever is more stringent, of any solid or liquid mixture. This rule does not apply to asbestos waste, or

(CC) Contains any U. S. Department of Transportation Class 2, Division 2.3 hazardous material (gas poisonous by inhalation), per 49 C.F.R. § 173.115 or Class 6, Division 6.1 hazardous material (poisonous materials), per 49 C.F.R. § 173.132 other than pharmaceuticals in finished dosage forms (i.e. inhalers, capsules, tablets, syrups, injectables and ointments), or

(DD) Contains chemotherapy agents that are antineoplastic or cytotoxic, including but not limited to drugs listed by the United States Center for disease control in the National Institute of Occupational Safety and Health list of Antineoplastic and Other Hazardous Drugs (http://www.cdc.gov/niosh/docs/2012-150/pdfs/2012-150.pdf) incorporated by reference herein, not including any further amendments or editions thereof.

(4) "Polychlorinated biphenyls waste" or "PCB waste" (R007) means any waste that contains polychlorinated biphenyls at a concentration of fifty parts per million (50 ppm) or greater. Wastes containing PCBs at a concentration of 50 ppm or greater are also subject to additional regulations under TSCA (Toxic Substances Control Act) in 40 C.F.R. Part 761.

(5) "Mercury containing wastes" (R009) means any waste that contains any mercury-added products that are disposed of as waste but do not meet the federal definition of D009 in 40 C.F.R. § 261.24. These wastes may also be managed as mercury containing equipment as per § 1.14 of this Part.

(6) "Used oil" (R010) means any used oil that is designated by the generator as hazardous waste and not sent for recycling in accordance with § 1.16 of this Part and that does not meet any of the criteria for characteristic or listed hazardous wastes in 40 C.F.R. Part 261 Subparts C and D or Rhode Island State-regulated hazardous wastes.

b. Rhode Island Fee Exemption Waste Codes (R011-R016)

(1) The following codes indicate the waste is exempt from the Hazardous Waste Generation Fee described in §§ 1.7 and 1.8 of this Part and are to be used in addition to other applicable federal and state hazardous waste codes. These waste codes are to be used in addition to applicable state and federal waste codes:

(AA) Secondary Waste: Waste generated by a hazardous waste management facility as a result of treatment, repackaging or storage of wastes received by the facility shall be designated as an R011 waste. This waste code shall be used in addition to other required waste codes.

(BB) Precious metal bearing waste meeting the definition of a precious metal bearing waste as defined by § 1.5 of this Part shall be designated as an R012 waste. This waste code shall be used in addition to other required waste codes.

(CC) Household hazardous waste meeting the definition of a household hazardous waste as defined by § 1.5 of this Part shall be designated as an R013 waste. This waste code shall be used in addition to other required waste codes. This exemption shall also apply to architectural paints collected by Paint Collection Centers or Community Collection Centers from CESQGs.

(DD) Used oil or related materials that are managed in accordance with the requirements of § 1.16 of this Part shall be designated as an R014 waste.

(EE) Waste not meeting the definition of a hazardous waste that is transported using a manifest shall be designated as an R015 waste. This waste code shall be used in addition to other waste codes required by the destination state.

(FF) Removal Action Waste generated (as listed on item 5 of the Manifest) by the Department or the United States Environmental Protection Agency in the course of emergency response or environmental remediation activities. This exemption shall only apply if the applicable government agency generating the waste while performing the remediation is not considered a Responsible Party as defined herein or pursuant to R.I. Gen. Laws § 23-19.14-3. Such waste shall bear a State waste code of R016 code in addition to other waste codes required by the destination state.

(GG) Use of the R016 waste code by the generating agency shall not prohibit the Department from collecting the Hazardous Waste Generation Fee as part of a cost recovery action from any other generator determined to be a responsible party associated with the removal action.

83. "Satellite accumulation" means the accumulation of as much as fifty-five (55) gallons of hazardous waste, or the accumulation of as much as one quart of acutely hazardous waste, in containers located at or near any point of generation where the waste initially accumulates, and that is under the control of the operator of the process generating the waste.

84. "Septage" means septage from individual sewage disposal systems containing human or animal excremental liquid or substance, any putrescible animal or vegetable matter, garbage and filth, including the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers and the contents of septic tanks, grease traps, cesspools or privies.

85. "Silver-containing photo fixing solutions" means photographic processing solutions containing silver (hazardous waste code D011) that has been removed from photographic film and paper by the fixing agent and that fail the TCLP (40 C.F.R. § 261.24) for silver and therefore meet the definition of hazardous waste code D011.

86. "Small quantity generator of hazardous waste" or "SQG" means a person who meets all of the conditions below:

a. Generates less than 2,200 lbs (1,000 kg) but greater than 220 lbs (100 kg) of hazardous waste in a calendar month, and

b. Generates less than or equal to 2.2 lbs (1 kg) of acutely hazardous waste in a calendar month, and

c. Generates less than or equal to 220 lbs (100 kg) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water, of any acutely hazardous waste in a calendar month, and

d. Does not store on-site at any time a total amount of hazardous waste greater than 13,200 lbs (6,000 kg), or a total amount of acute hazardous waste greater than 2.2 lbs (1 kg) or a total amount of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste that exceeds 220 lbs (100 kg).

e. Such quantity determination shall be made in accordance with §1.7.6 of this Part. [See also definitions of Large Quantity Generator and Conditionally Exempt Small Quantity Generator]

87. "Small quantity handler of universal waste" means a universal waste handler (as defined in this rule) who does not accumulate 20,000 kilograms or more total of used electronics, calculated collectively at any time and who does not accumulate 5,000 kilograms (11,000 pounds) or more total of all other universal waste (batteries, pesticides, mercury-containing equipment, lamps, or silver-containing photo fixing solutions), calculated collectively at any time.

88. "Sole source aquifer" means an aquifer designated by the United States Environmental Protection Agency as the sole or principal source of drinking water for the area above the aquifer and including those lands where the population served by the aquifer live; that is, an aquifer which is needed to supply 50% or more of the drinking water for that area and for which there are no reasonably available alternative sources should the aquifer become polluted.

89. "Solid waste management unit" or "SWMU" means a hazardous waste management facility or any portion thereof where solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste. Such unit includes any area at a facility where solid wastes have been routinely and systematically released. SWMUs include regulated units as well as units used to manage non-hazardous solid wastes.

90. "Specification used oil" means any used oil that meets the minimum allowable levels for Flash Point and does not contain constituents at concentrations that exceed any maximum allowable levels listed in Table 3 of §1.16.3(A)(6) of this Part.

91. "State" or "States" or "Authorized State" or "Approved States" or "Approved program" means as used in the portions of the Code of Federal Regulations that are incorporated by reference means the state of Rhode Island, except as the term appears at 40 C.F.R. § 124.2(a) definitions of "Director", "Interstate agency", "Person" and "State", at 40 C.F.R. §§ 260.10 definitions of "Person", "State", and "United States", at 40 C.F.R. Part 262, at 40 C.F.R. § 264.143(e)(1), at 40 C.F.R. § 264.145(e)(1), at 40 C.F.R. § 264.147(a)(1) (ii), (b)(1)(ii), (g)(2) and (g)(4), at 40 C.F.R. § 265.143(d)(1), at 40 C.F.R. § 265.145(d)(1), at 40 C.F.R. § 265.147(a)(1)(ii), (g)(2), and (i)(4), at 40 C.F.R. § 270.2 definitions of "application", "approved program or approved State", "Director", "Interim Authorization", "Final Authorization", "Major Facility", "Person", "Publicly Owned Treatment Facilities", "State", "State Director", and "State/EPA Agreement".

92. "Storage" means the actual or intended containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

93. "Storage facility" means any facility that stores hazardous wastes and that has a closure plan that provides for the complete removal of all wastes.

94. "Surface impoundment" means a facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or waste containing free liquids, and that is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds and lagoons.

95. "Tank" means a stationary device designed to contain an accumulation of material, hazardous waste or used oil that is constructed primarily of non-earthen materials that provide structural support.

96. "Tolling agreement" means a contract between a used oil generator and a used oil processor/re-refiner pursuant to which used oil that is reclaimed by the used oil processor/re-refiner is returned to the used oil generator for use as a lubricant, cutting oil or coolant.

97. "Totally enclosed treatment unit" means a unit for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

98. "Toxicity characteristic leaching procedure" means the procedure referenced in 40 C.F.R. § 261.24(a).

99. "Transfer station" means an intermediate point in the transport of hazardous wastes where such wastes are brought, stored and transferred to vehicles for movement to other intermediate points or to the point of ultimate storage or disposal.

100. "Transport" means the movement of wastes from the point of generation to any off-site intermediate points, and finally to the point of final storage, treatment or disposal.

101. "Transportation unit" means any car, truck, tractor, or other device used in transportation on land, water, or in the air or any trailer, tank or other type of containment structure permanently or temporarily attached thereto.

102. "Transporter" means any person that transports hazardous waste other than on-site or that transports septage.

103. "Treatment" means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of any hazardous waste as to neutralize such waste or so as to render such waste less hazardous, non-hazardous, safer to transport, amenable to storage, or reduced in volume, except such method or technique as may be included as part of the manufacturing process at the point of generation.

104. "Underground drinking water source" means an aquifer supplying drinking water for human consumption; or an aquifer where the groundwater contains less than 500 mg/L total dissolved solids; or an aquifer designated as such by the Administrator of the Environmental Protection Agency or any Rhode Island State agency authorized to do so.

105. "Underground storage tank" or "UST" means any tank or tank system that meets the definition of a UST contained in the Rhode Island Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, the "UST Regulations" (Subchapter 25 Part 1 of this Chapter).

106. "Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of 40 C.F.R. Part 273 and that are subject to § 1.14 of this Part:

a. Batteries as described in 40 C.F.R. § 273.2;

b. Pesticides as described in 40 C.F.R. § 273.3;

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

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

e. Used Electronics as described in § 1.15 of this Part;

f. Silver-containing photo fixing solutions as described in § 1.15 of this Part.

107. Universal Waste Handler:

a. Means:

(1) A Generator (as defined in § 1.5 of this Part) of universal waste; or

(2) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

b. Does not mean:

(1) A person who treats (except for those activities allowed in § 1.14 of this Part) disposes of, or recycles universal waste; or

(2) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

108. "Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

109. "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

110. "Used electronics" or "used electronic device" means a device or component thereof that contains one or more circuit boards or a cathode ray tube and is used primarily for communication, data transfer or storage, or entertainment purposes, including but not limited to, desk top and lap top computers, computer peripherals, computer monitors, copying machines, scanners, printers, radios, televisions, camcorders, digital cameras, digital picture frames, video cassette recorders ("VCRs"), compact disc ("CD") players, digital video disc ("DVD") players, MP3 players, video game consoles, portable Global Positioning System ("GPS") navigation units, telephones, including cellular and portable phones, and stereos. "Used Electronics" or a "Used Electronic Device" shall not mean a computer, television or video display device that is:

a. A part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or

b. Functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Parts 351-360) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or

c. Contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

d. A handheld device used to access commercial mobile radio service, as such service is defined in 47 C.F.R. § 20.3.

111. "Used oil" means oil that has been refined from crude oil (in whole or in part), or any synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties. Used oil is a free-flowing liquid at standard temperature and pressure. Used oil shall include, but not be limited to, lubricating oils and greases, engine oils, metal working fluids, emulsive coolants, hydraulic fluids, refrigeration oils, electrical insulating oils, silicon oils and wire drawing oils. Used oil does not include materials derived from crude or synthetic oils that are used as fuels (e.g., gasoline, jet fuel and diesel fuel) or used as cleaning agents or solvents (e.g., mineral spirits), that are subject to the waste characterization requirements under the §1.7.3 (Hazardous Waste Determination) of this Part and may be subject to additional parts of these rules if the materials meet the definition of Hazardous Waste.

112. "Used oil aggregation point" means any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point.

113. "Used oil burner" means an owner or operator of a facility where used oil is burned for the purpose of energy recovery in used oil burning equipment.

114. "Used oil burning equipment" means fuel burning equipment, including but not limited to, any space heater, industrial furnace or boiler that is used to burn used oil for the purpose of energy recovery.

115. "Used oil collection centers" means any facility or site that accepts/aggregates and stores used oil collected from household used oil generators.

116. "Used oil fuel" means used oil that meets the specifications contained in Table 3 in §1.16.3(A)(6) of this Part and is burned for energy recovery.

117. "Used oil generator" means any person, by site, whose act or process produces used oil that is not a "household used oil" or whose act first causes used oil to become subject to regulation.

118. "Used oil marketer" means any person who directs a shipment of specification used oil from their facility to a used oil burner or first claims that a shipment of used oil meets Specification Used Oil Requirements set forth in Table 3 of §1.16.3(A)(6) of this Part.

119. "Used oil processor" or "re-refiner" means a facility that conducts processing of used oil as defined in these rules.

120. "Used oil temporary storage facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours but not longer than 35 days during the normal course of transportation. Temporary storage facilities that store used oil for more than 35 days are subject to the used oil processor/re-refiner requirements of §1.16.8 of this Part.

121. "Used oil transporter" means any person, excluding household used oil generators, who transports used oil, any person who collects used oil from one or more generators and transports the collected oil, and owners and operators of used oil temporary storage facilities.

122. "Vehicle" means any car, truck, tractor, or other device used in transportation including any trailer, tank or other type of containment structure permanently or temporarily attached thereto.

123. "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

124. "Waste" means solid waste as defined in 40 C.F.R. § 261.2.

125. "Waste pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage.

126. "Wastewater treatment unit" means a device that:

a. Is part of a wastewater treatment facility has received a permit for wastewater discharge from the local Publicly Owned Treatment Works or the RIDEM and;

c. Meets the definition of tank or tank system; and

d. Is not a wastewater evaporation unit.

127. "Wetlands" means marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks; areas subject to flooding or storm flowage, emergent and submergent plant communities in any body of fresh water including rivers and streams and that area of land within fifty feet (50') of the edge of any bog, marsh, swamp or pond.

250 R.I. Code R. 250-RICR-140-10-1.5

Amended effective 4/22/2020