250 R.I. Code R. 250-RICR-140-10-1.7

Current through October 15, 2024

Section 250-RICR-140-10-1.7 - Generators

1.7.1Purpose, Scope and Applicability

A. § 1.7 of this Part shall apply to all generators of hazardous waste which are defined in § 1.5 of this Part as either a Large Quantity Generator (LQG), Small Quantity Generator (SQG), or Conditionally Exempt Small Quantity Generator (CESQG). §§1.7.1 through 1.7.11 of this Part apply to all generators; in addition, §1.7.12 of this Part applies to LQGs; §1.7.13 of this Part applies to SQGs, and §1.7.14 of this Part applies to CESQGs.

B. Additional operations subject to generator rules:

1. Any generator or person that conducts one or more of the following activities shall comply with the requirements for Large Quantity Generators of hazardous waste contained in this rule:

a. Hazardous Waste Management Facilities that initiates a shipment of hazardous waste from a treatment, storage, or disposal facility.

b. Community Collection Centers permitted in accordance with § 1.12 of this Part.

c. Household Hazardous Waste Facilities as defined in § 1.5 of this Part.

C. Exemptions:

1. These rules do not apply to household hazardous waste generated by non-business activities at single and/or multiple family residences, subject to the household hazardous waste exemption in 40 C.F.R. § 261.4(b)(1). However, owners and/or operators of facilities that accept household hazardous waste, other than household hazardous waste pharmaceuticals, shall comply with the requirements for Large Quantity Generators in this rule and upon receipt the household hazardous waste shall be subject to full regulation as hazardous waste.

2. Household Hazardous Waste Pharmaceuticals accepted for destruction as consumer take-back programs, in accordance with the Department of Health and US Drug Enforcement Administration regulations are not subject to these regulations.

3. These rules do not apply to persons responding to an explosives or munitions emergency in accordance with 40 C.F.R. §§ 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv) and 270.1(c)(3)(i)(D) or (iii).

4. These rules do not apply to the handling of solvent contaminated wipes that are cleaned and reused as described in the 2017 modification of 40 C.F.R. § 261.4(a)(26) (the federal exemption for disposal of solvent contaminated wipes is not recognized as explained in §1.7.1(E)(1)(d) of this Part.

5. Treatment of certain hazardous waste: Treating hazardous waste without a permit or license is allowed if it falls into one of the categories below:

a. Is authorized as part of RCRA corrective action as described in § 1.17 of this Part (i.e. a written approval for a RAP, CAMU, TU or Staging Pile has been issued by the Department).

b. Is performing treatment in wastewater treatment units.

c. Is performing treatment in elementary neutralization units described in §§ 1.9(B)(1)(g) and 1.10.2(A)(5) of this Part.

d. Is treating the waste in a totally enclosed treatment unit.

e. Is treating the waste in evaporation units, as defined in § 1.5 of this Part, provided the generator complies with all the following conditions:

(1) Does not use the unit to dispose of hazardous waste

(2) The unit is being used to legitimately treat only wastewater, as defined at 47 Fed. Reg. 4706 (Feb. 2, 1982) (note: Concentrated hazardous wastes are not covered by this exemption.)

(3) Does not manage waste with the waste codes D001 or D003 in the unit.

(4) All hazardous waste sludge is managed, before, during and after use of the evaporator unit, as a hazardous waste in accordance with this rule.

(5) Incoming quantities of hazardous waste managed in evaporator units is included in the calculation of generator status (i.e. Large Quantity Generator vs. Small Quantity Generator vs. Conditionally Exempt Small Quantity Generator).

(6) Has notified the Department on a form specified by the Department and received the Department's authorization in writing to conduct this activity.

(7) Ensures that treatment in the evaporation unit shall result in the concentration of hazardous waste constituents for proper recycling or disposal, and not allow evaporation of significant amounts of hazardous waste constituents into the air. Air emissions of hazardous constituents shall also be controlled through compliance with all applicable air emission control requirements of the federal Clean Air Act and the Department's Air Pollution Control Regulations (Chapter 120 Subchapter 05 of this Title). This shall include completion of a RIDEM Office of Air Resources Evaporator Information Form before commencing operation of the unit. Each operator of an evaporator unit shall develop a written plan and keep it on site and available for inspection during operation of the evaporator and for three years thereafter, documenting such compliance and showing (based on testing or knowledge of the waste) that the unit is being used to legitimately concentrate wastes and is not resulting in the evaporation of significant amounts of hazardous waste constituents into the air. Operators of evaporator units who are large quantity generators must also comply with the air emission control requirements in 40 C.F.R. Part 265, subparts AA, BB and CC as applicable. These regulations are hereby adopted by reference and made applicable to evaporator units at large quantity generators in Rhode Island. For all other entities in Rhode Island, these regulations are not being adopted by reference by the State, but rather will continue to be administered by the U.S. EPA.

(8) Ensures operation and placement of the unit does not:

(AA) Result in the generation of extreme heat or pressure, fire or explosion; or

(BB) Violent reaction;

(CC) Produce uncontrolled toxic mists, fumes, or gases in sufficient quantities;

(DD) Threaten human health;

(EE) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion; or Damage the structural integrity of the unit, or cause the unit or any of its ancillary equipment to rupture, leak, abnormally corrode, or otherwise fail before the end of its intended life.

f. Is treating the waste in tanks or containers under the following conditions:

(1) The generator provides written notification to the Department that includes the facility name, EPA identification number, generator status, mailing address, street address, telephone number, and contact person; A detailed description of the treatment process(es) to be used including process design drawings, plans or process flow diagrams; An estimate of the frequency that treatment will occur; The type(s) and estimated quantity of hazardous waste to be treated including a detailed description of the process(es) generating the waste; and A detailed description of how all treatment products and byproducts will be managed following treatment.

(2) A revised written notification is provided to the Department if the information required above if this section changes significantly.

(3) The treatment occurs in containers and tanks that comply with the requirements of §§1.7.12, 1.7.13 and 1.7.14 of this Part as appropriate.

(4) The treatment does not violate the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA).

(5) The hazardous waste being treated is generated and treated on-site.

(6) During treatment and during any storage prior to treatment, hazardous waste is: Counted for the purpose of determining generator status under §1.7.6 of this Part; and Managed in accordance with the applicable requirements of § 1.7 of this Part.

(7) The generator determines if treatment by-products are hazardous waste in accordance with §1.7.3 of this Part.

(8) The generator maintains records for three years documenting: The type(s) and quantity of waste treated; The method(s) of treatment used; and the date(s) that treatment occurred.

(9) All hazardous waste generated from the treatment is managed in accordance with the applicable standards of § 1.7 of this Part.

(10) If a generator is managing and treating waste or contaminated soil in tanks or containers to meet Land Disposal Restriction treatment standards found at 40 C.F.R. § 268.40, the generator develops and follows a written waste analysis plan in accordance with the requirements of 40 C.F.R. § 268.7(a)(5) (as administered by EPA).

(11) The generator does not treat hazardous waste using thermal treatment processes.

(12) The generator does not treat, break or shred mercury-containing wastes or devices (e.g., fluorescent lamps, thermostats).

(13) The generator does not engage in breaking or shredding of CRT's as prohibited by §§1.14.5(A)(8) and 1.14.5(A)(12) of this Part.

(14) Treatment does not result in any adverse impact to human health or the environment.

(15) The Department reserves the right, upon receiving written notification of treatment by a generator, to require that treatment-specific requirements be met.

g. The Director has issued a temporary emergency permit in accordance with § 1.9(B) of this Part to a non-permitted facility to allow the treatment, storage or disposal of hazardous waste subject to the requirements of 40 C.F.R. § 270.61.

D. Rhode Island has adopted various other federal exemptions by incorporating 40 C.F.R. Part 261 by reference, to the extent set forth in § 1.5 of this Part, and also by adopting some of the exemptions set forth in the federal regulations referenced by §§ 1.9 and 1.10 of this Part. Both these other parts of these rules and the referenced federal regulations need to be consulted to determine the conditions applicable to any particular exemption.

E. Federal Exemptions Not Adopted

1. Rhode Island has not adopted some of the federal exemptions, as noted in §§ 1.4(C), 1.9 and 1.10 of this Part. In particular, Rhode Island has not adopted exemptions from the hazardous waste rules analogous to the following federal exemptions:

a. Definition of Solid Waste Rule (DSW Rule) Exclusions for Hazardous Secondary Materials in 40 C.F.R. §§ 261.2(a)(2)(i), 261.4(a)(23), 261.4(a)(24) and 261.4(a)(25). Materials subject to these federal exclusions are regulated under the otherwise applicable generator requirements in Rhode Island.

b. CRT exclusions in 40 C.F.R. §§ 261.4(a)(22), 261.39, 261.40, and 261.41. CRTs are regulated as universal wastes in Rhode Island.

c. Manufactured gas plant waste exemption in 40 C.F.R. § 261.24(a). Rhode Island exempts only 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.

d. Disposal of solvent contaminated wipes per 40 C.F.R. § 261.4(b)(18) (2017).

e. CESQG exclusion in 40 C.F.R. § 261.5. CESQGs are instead regulated in accordance with § 1.8 of this Part.

f. Allowance for CESQGs to send hazardous waste to solid waste facilities, in 40 C.F.R. §§ 264.1(g)(1), 265.1(c)(5). This is not allowed in Rhode Island.

g. The farmer exemption for disposal of waste pesticides in 40 C.F.R. §§ 262.70 and 262.10(f). Farmers are regulated under the otherwise applicable generator requirements in Rhode Island.

h. Academic Labs Rule ( 40 C.F.R. Part 262 Subpart K). Laboratory wastes are regulated under the otherwise applicable generator requirements in Rhode Island.

i. Ocean Disposal Allowance under MPRSA in 40 C.F.R. §§ 264.1(c), 265.1(c)(1), and 270.60(a). This is not allowed in Rhode Island.

j. Injection Well Allowance under UIC in 40 C.F.R. §§ 264.1(d) and 270.1(c)(1)(i). This is not allowed in Rhode Island except when a permit is issued by the Department for a remediation overseen by the Department.

k. The federal wastewater exemption has been limited by Rhode Island to facilities actually discharging to surface waters or the sewers, as further described at 40 C.F.R. §§ 264.1(g)(6) and 270.1(c)(2)(v). Hazardous waste evaporators at generators are not allowed under this exemption but rather must meet the conditions specified in §1.7.2(A)(4) of this Part.

1.7.2Prohibitions

A. Generators of hazardous waste are prohibited from conducting the following activities:

1. Disposing of or shipping hazardous waste on or to any location that does not meet the definition of a Designated Facility with the exception that CESQGs may also ship certain wastes to:

a. A Community Collection Center permitted by the Department or,

b. A Paint Collection Center (paint waste only).

2. Shipping hazardous waste off-site for treatment or disposal or recycling without first completing a manifest approved by EPA as required in § 1.7 of this Part unless otherwise authorized in these Regulations.

3. Receiving hazardous waste from off-site without first obtaining a permit, unless the activity is otherwise exempted by these regulations (e.g., for Community Collection Centers or Paint Collection Centers).

4. Treating hazardous waste without a permit or license unless the treatment falls into one of the categories in §1.7.1(C)(5) of this Part.

1.7.3Hazardous Waste Determination

Any person who generates a solid waste shall determine if the waste is a hazardous waste using the following method. The Generator shall first determine if the waste meets definition of a hazardous waste in § 1.5 of this Part. In accordance with the requirements of 40 C.F.R. § 261.4, as modified in § 1.5(C) of this Part, the Generator may then determine if the waste meets any of the exemptions or exclusions contained in that section. If the waste does not meet any of the federal definitions of hazardous waste, the generator shall then determine if any of the Rhode Island hazardous waste types apply, as defined by § 1.5 of this Part. Analytical testing may be employed by the generator to determine if a solid waste is hazardous waste and shall be determined by an approved method as set forth in 40 C.F.R. Part 261 Subpart C. Equivalent testing methods per 40 C.F.R. § 260.21 are not allowed. Generators may also determine the regulatory status of the waste through product knowledge by demonstrating in writing clear and convincing scientific evidence of the characteristics of the waste and the process(es) that generated the waste. Regardless of any advisory opinions or statements from any laboratory or government agency, it remains the generator's responsibility to properly characterize his/her wastes. If the waste is determined to be hazardous, the generator shall refer to 40 C.F.R. §§ 261, 264 - 266, and 273 as incorporated by reference at §§ 1.4(B), (C), (E), (F), (G) and (I) of this Part and 40 C.F.R. Part 268 (as administered by the EPA) for possible exclusions or restrictions pertaining to the management of the specific waste.

1.7.4Generator Notification and Identification

A. All Generators, including CESQG's, shall notify the Department of their hazardous waste activity by applying for and obtaining an EPA Identification Number for his/her site using the RCRA Subtitle C & RI Hazardous Waste Management Act Activity Notification Form provided by the Department. However, CESQG's do not need to obtain an EPA Identification number in order to drop off paint at either a Community Collection Center or a Paint Collection Center.

B. Generators shall not store or offer hazardous waste for shipment without first obtaining an EPA Identification Number and shall notify the Department in the event of a change of his/her status (LQG, SQG, CESQG, Non-generator) and/or a change in the nature of the hazardous waste generation activity. Only one EPA Identification Number will be issued for an individual generation site and the generator shall use the assigned EPA Identification Number exclusively for shipments of hazardous waste from the site. At the discretion of the Department, either a permanent or temporary EPA Identification Number will be issued to the generator. Temporary EPA Identification Numbers shall be valid for a period of time not to exceed ninety (90) days from the date of issuance.

1.7.5Hazardous Waste Generation Fee

A. Each generator of hazardous waste shall pay a Hazardous Waste Generation Fee of 2.3 cents per pound or 19 cents per gallon of waste generated. This fee shall apply to all hazardous wastes that are generated in Rhode Island. The fee does not apply to waste treated onsite as allowed in §1.7.2(A)(4) of this Part. The fee shall be collected by the hazardous waste transporter and in turn shall be paid to the Department as specified in §1.8.17 of this Part (Hazardous Waste Generation Fee).

B. Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in § 1.5 of this Part are exempted from the fee.

1.7.6Generator Quantity Determination:

A. When making the quantity determinations used in the LQG, SQG, and CESQG definitions in § 1.5 of this Part, the generator must include all hazardous waste that it generates, except hazardous waste that:

1. Is exempt from regulation under 40 C.F.R. §§ 261.4(c) through (f), 261.6(a) (3), 261.7(a)(1), or 261.8 as modified and incorporated by reference in § 1.4(C) of this Part, or

2. Is managed immediately upon generation only in on-site elementary neutralization units or wastewater treatment units or in a totally enclosed treatment unit as defined in § 1.5 of this Part; or

3. Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 C.F.R. § 261.6(c)(2); or

4. Is used oil managed under the requirements of § 1.16 of this Part; or

5. Is spent lead-acid batteries managed under the requirements of 40 C.F.R. Part 266, subpart G; or

6. Is universal waste managed under § 1.14 of this Part.

B. In determining the quantity of hazardous waste generated, a generator need not include:

1. Hazardous waste when it is removed from on-site storage provided that it has been counted when placed into storage; or

2. Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or

3. Spent materials that are generated, reclaimed, and subsequently re-used on-site, so long as such spent materials have been counted once.

4. Architectural Paint received by Paint Care Centers.

C. If at any time, or in any given month, the quantity or nature of waste generated or stored causes the generator status of an SQG or CESQG to change (to either LQG or SQG) the generator shall manage the waste as prescribed in the appropriate §§1.7.12 and 1.7.13 of this Part. This new standard of management shall include the more stringent provisions and time frames for the increased quantity of waste. The generator shall also notify the Department as required by §1.7.4 of this Part.

D. If any generator mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation and counts toward the generators status if the resultant mixture meets the definition of hazardous waste.

1.7.7Record Keeping

A. Generators shall maintain the following records on-site as specified below and elsewhere in these rules for a period of at least three (3) years. The retention times for all records are automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director.

1. A copy of each hazardous waste manifest prepared by the generator for off-site shipment of waste and a copy of the same manifest signed by the designated facility. Records shall be maintained for a period of three (3) years from the date the waste was accepted by the transporter. The generator may maintain paper copies or digital copies so long as the digital copies comply with manifest requirements of 40 C.F.R. § 262.40.

2. Biennial Reports completed by the generator if required for a period of three (3) years from the date the report was due.

3. All analytical test results conducted by the generator related to waste determinations made per §1.7.3 of this Part for at least three (3) years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

4. Hazardous waste management training records on former employees shall be kept for at least three years from the date the employee last worked at the facility.

5. Inspection logs of hazardous waste container storage areas or tanks holding hazardous waste.

6. Documentation verifying that tanks holding hazardous waste are emptied every ninety (90) days or in a timely manner as required by the regulations.

7. Notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter.

8. EPA Acknowledgement of Consent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter.

9. Confirmation of exported hazardous waste delivery from the consignee for at least three (3) years from the date the hazardous waste was accepted by the initial transporter.

10. Annual export report for a period of at least three (3) years from the due date of the report.

11. A copy of each certificate of recovery sent by the recovery facility to the exporter for at least three (3) years from the date that the recovery facility completed processing the waste shipment.

12. Exception reports required by §§1.7.12(LQG), 1.7.13(SQG) or 1.7.14(CESQG) of this Part for non-exported hazardous waste and exported hazardous waste for at least three (3) years from the date the report was filed.

13. Copies of any variances, determinations or permits granted by RIDEM or the U.S.E.P.A.

14. Generators that accumulate in tanks and containers are required to keep records as required by §§1.7.13(B) and 1.7.12(D) (LQG), 1.7.13(C) and (D) (SQG) and 1.7.14(C) (CESQG) of this Part as applicable.

15. Generators treating waste in tanks and containers must document: the type(s) and quantity of waste treated; the method(s) of treatment used; and the date(s) that treatment occurred.

16. Each operator of an evaporator unit shall develop a written plan and keep it on site and available for inspection during operation of the evaporator and for three years thereafter.

B. Hazardous waste management training records on current personnel shall be kept until closure of the facility.

1.7.8Satellite Waste Accumulation:

A. Generators may store up to 55 gallons of hazardous waste, or one (1) quart of acutely hazardous waste listed in 40 C.F.R. § 261.33(e) or 40 C.F.R. § 261.30(d), in containers (satellite accumulation container) at or near any point of generation where the wastes initially accumulate, that is under the control of the operator of the process generating the wastes. The generator may store these wastes in satellite accumulation areas without a storage permit or interim status and without complying with §§1.7.9, 1.7.12(B), 1.7.12(C), 1.7.12(G), 1.7.12(J) or 1.7.12(K), 1.7.13(B), (C), (E), (F) or (I), or 1.8.15(B), (C), (E) or (I) of this Part provided that the generator:

1. Labels each satellite accumulation container with the following information:

a. The words "Hazardous Waste"

b. The chemical or common name of the waste.

c. The date the excess amount of hazardous waste began accumulating per §1.7.8(A)(6) of this Part.

2. Immediately transfers all hazardous wastes from a satellite accumulation container that is in poor condition and is leaking or may leak waste to another satellite accumulation container or a storage container that is in good condition.

3. Stores the hazardous waste in a satellite accumulation container that is made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the satellite accumulation container to contain the waste is not impaired.

4. Keeps the satellite accumulation container holding hazardous waste closed except when actively adding or removing waste.

5. Handles, manages and maintains the satellite accumulation container in a manner that prevents damage to the container that could result in a spill or release of hazardous waste.

6. Within three days of accumulating hazardous waste in excess of the amounts listed in this rule, complies with the applicable requirements for storage and labeling of hazardous waste in containers as required by §§1.7.12 through 1.7.14 of this Part. During the three (3) day period the generator shall comply with requirements in §§1.7.8(A)(1) through (5) of this Part and mark the container holding the excess hazardous waste with the date upon which the excess amount first began accumulating waste.

7. If satellite containers are in close proximity to each other, then the total quantity of waste stored in these containers collectively cannot exceed 55 gallons.

1.7.9Aisle Space

Adequate aisle space shall be maintained of no less than three (3) feet between rows of containers in all areas of the facility where hazardous waste is stored to allow for access to containers and tanks holding hazardous waste by emergency personnel, fire protection equipment, spill control equipment, decontamination equipment and for inspection to ensure the tanks and containers are in good condition.

1.7.10Inspections; Right of Entry

A. Pursuant to R.I. Gen. Laws § 23-19.1-12, as amended, the Director may:

1. Enter any hazardous waste management facility, or any place the Director has reason to believe hazardous wastes are generated, stored, treated, or disposed of;

2. Inspect vehicles that the Director has reasonable grounds to believe are being used for the transportation of hazardous wastes;

3. Inspect and obtain samples of any waste or other substances, labels, containers of waste or other substance, or samples from any vehicle in which hazardous wastes are transported or in which the Director has reason to believe hazardous wastes are transported;

4. Inspect and copy records, reports, information, or test results kept or maintained by a generator or at a hazardous waste management facility.

1.7.11Pre-Transport Requirements

A. Before transporting hazardous waste off-site or offering hazardous waste for transportation off-site, generators shall:

1. Package, label and mark each storage unit for offsite shipment in compliance with U.S.D.O.T. requirements under 49 C.F.R. Parts 172, 173, 178 and 179. Place a hazardous waste label on each container which includes the following information:

a. The words "Hazardous Waste - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency".

b. Generator's name, address, city, state, zip code and telephone number

c. Generator's EPA identification number

d. Proper D.O.T Shipping Name

e. Hazardous Properties/Description

f. EPA waste codes

g. State waste code (if applicable)

h. Manifest document number

2. Placard or offer the initial transporter appropriate placards according to U.S.D.O.T.'s hazardous materials regulations at 49 C.F.R. Part 172, Subpart F.

1.7.12Large Quantity Generators (LQGs) - Waste Management Requirements

A. The following requirements apply to Large Quantity Generators as defined in § 1.5 of this Part.

B. Hazardous Waste Storage:

1. A LQG may store hazardous waste on-site for a period not to exceed ninety (90) days, excluding wastewater treatment sludges as described below and hazardous waste in satellite accumulation, without first obtaining a storage permit as required by Hazardous Waste § 1.9 of this Part, provided that he/she manages the hazardous waste in accordance with the provisions of this Part. In addition, such a generator is exempt from all the requirements in subparts G and H of 40 C.F.R. Part 265, except for closure requirements of 40 C.F.R. §§ 265.111 and 265.114. An LQG who stores hazardous waste (except for F006 waste) for more than 90 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.9 of this Part.

2. Wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may be accumulated on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that:

a. The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering the F006 waste or otherwise released to the environment prior to its recycling;

b. The F006 waste is legitimately recycled through metals recovery (i.e., on-site or off-site recovery of distinct metal component(s) from the electroplating sludge, as separate end product(s));

c. No more than 20,000 kilograms (44,000 pounds) of F006 waste is accumulated on-site at any one time and

d. The F006 waste is managed in accordance with the following:

(1) The F006 waste is placed:

(AA) In containers that comply with §1.9.13(C) of this Part and the generator complies with the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA); and/or

(BB) In tanks that comply with §1.9.13(D) of this Part and the generator complies with the applicable requirements of subparts AA, BB, and CC of 40 C.F.R. Part 265 (as administered by EPA); and/or

(CC) In containment buildings and the generator complies with §1.9.13(E) of this Part, and has placed its professional engineer certification that the building complies with the design standards specified in 40 C.F.R. § 265.1101 in the facility's operating record prior to operation of the unit. The owner or operator shall maintain the following records at the facility:

(i) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or

(ii) Documentation that the unit is emptied at least once every 180 days.

(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;

(3) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste" and complies with labeling requirements in §1.9.13(G) of this Part; and

(4) The generator complies with the requirements in §§1.7.12(H), 1.7.12(I), 1.7.12(J), 1.8.10 of this Part and the Land Disposal Restriction requirement of 40 C.F.R. § 268.7(a)(5) as administered by EPA.

C. Hazardous Waste Accumulation in Containers:

1. Hazardous waste may be stored in containers provided that the LQG:

a. Marks the side of all containers holding hazardous waste with the date upon which the waste first began to accumulate (accumulation start date).

b. Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.

c. Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.

d. Immediately transfers hazardous waste from any and all containers that are not in good condition as a result of physical or chemical forces that have reduced the containers structural integrity, or if they begin to leak, to a container(s) that is in good condition and compatible with the hazardous waste being transferred.

e. Stores all containers holding ignitable or reactive hazardous waste in an area that is at least fifty (50) feet from any property boundary lines.

f. Takes precautions to prevent accidental ignition or reaction of ignitable or reactive waste. These wastes must be separated and protected from sources of ignition, incompatible materials and heat. While ignitable or reactive waste is being handled, the generator must confine smoking and open flame to specifically designated locations. "No smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

g. Uses containers constructed of, or lined with, a material that is chemically compatible with the hazardous waste placed into the containers, so that the ability of the container to hold the waste is not impaired.

h. Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases, and does not damage the structural integrity of the container and does not threaten human health or the environment through like means.

i. Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and/or corrosion of the containers and for any signs of leaks or releases of hazardous waste. The inspection shall also include a visual examination of all containment systems and devices to ensure that they are free of any cracks, gaps or other imperfections. Generators shall maintain a written record documenting the date of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, and the result of each inspection for a period of at least three (3) years.

j. Stores hazardous wastes that when mixed would result in an unintended reaction or are otherwise not compatible in separate containers designed to contain the subject hazardous wastes. Containers holding hazardous wastes shall be stored in separate locations from incompatible wastes or materials present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall) constructed of or lined with a material that is resistant to the hazardous waste stored in the area.

(1) Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions in §1.7.12(C)(1)(h) of this Part are satisfied.

k. Stores containers holding liquid hazardous waste in an area that has a containment system, or otherwise provide a containment device, that has a capacity of no less than 10% of the total volume of all of the containers in storage or the volume of the largest container, whichever is greater. The containment system or device shall be impervious and compatible with the type of waste held in the containers. The generator shall maintain the containment system or device to ensure that it is free of cracks, gaps or other imperfections that would prevent the system from fully containing any and all spilled or released waste.

l. Manages all containers holding hazardous waste in accordance with the applicable requirements of 40 C.F.R. Part 265 Subparts AA, BB and CC (as administered by EPA).

D. Accumulation in Tanks:

1. Large Quantity Generators that store hazardous waste in tanks shall comply with all of the requirements listed below and with the applicable requirements of 40 C.F.R. Part 265 Subparts AA, BB and CC as administered by EPA. All generators storing hazardous waste in underground storage tanks shall also comply with the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).

2. Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements for containment and detection of releases in §§1.7.12(D)(3)(a) through (e) of this Part except for §1.7.12(D)(3)(e) of this Part. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW- 846, as incorporated by reference in 40 C.F.R. § 260.11.

3. Large Quantity Generators storing hazardous waste in tanks shall comply with the following:

a. Tank Certification.

(1) Existing Tanks storing hazardous waste shall have a secondary containment device that meets the requirements of §1.7.12(D)(3)(e) of this Part [secondary containment]. Existing tanks storing non-hazardous waste only that is subsequently re-designated for hazardous waste, shall have a registered professional engineer conduct an evaluation of the tank system detailed in §1.7.12(D)(3)(b) of this Part and certify, in accordance with 40 C.F.R. § 270.11(d), the structural integrity of the system. The evaluation shall be provided within twelve (12) months of the waste's re-designation date and secondary containment shall be provided within two years of the waste's re-designation date.

(2) New Tanks shall be provided with secondary containment (prior to storing hazardous waste) that meets the requirements of §1.7.12(D)(3)(e) of this Part and have a registered professional engineer conduct an evaluation of the tank system detailed in §1.7.12(C)(3) of this Part and certify, in accordance with 40 C.F.R. § 270.11(d), the structural integrity of the system described.

(3) Tank System Evaluation for Existing Tanks. If required, per §1.7.12(D)(3)(a) ((1)) of this Part generators shall have the system evaluated by a registered professional engineer. The engineer shall determine if the tank system has adequate structural integrity (and compatibility with the waste(s) to be stored) to retain the designed volume of waste without causing a rupture, failure or release. In addition, the evaluation shall include a review of the following:

(AA) Characteristics of the hazardous waste to be stored or that has been stored in the tank and the compatibility of the tank system with said waste.

(BB) The age of the tank or date of installation, if known; otherwise an estimate of the tank age.

(CC) Existing corrosion protection measures and the exterior of the tank system shall be inspected looking for any signs or indications of damage, including but not limited to, weld breaks, punctures, scrapes of protective coatings, cracks, pitting, or any other signs of corrosion or deterioration.

(DD) Tank systems shall be tested to ensure that they are not leaking, or will not leak, by either having a qualified professional engineer enter the tank system and conduct an interior inspection, or if the tank is non-enterable by conducting a precision leak test on the tank system.

(EE) The evaluation (and the annual tank system testing, if required) shall be documented in writing and the written report shall be maintained on-site by the generator and shall be made available to Department personnel upon request.

(4) Tank System Evaluation for New Tanks: Prior to placing hazardous waste into a new tank system, generators shall have the system evaluated by a registered professional engineer. The engineer shall determine if the tank system has adequate structural integrity (and compatibility with the waste(s) to be stored) to retain the designed volume of waste without causing a rupture, failure or release. In addition, the evaluation shall include a review of the following:

(AA) Design standards for new tank systems used to construct the tank system and the manufacturer's specifications.

(BB) Characteristics of the hazardous waste to be stored or that has been stored in the tank and the compatibility of the tank system with said waste.

(CC) The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or a qualified Professional Engineer, either of whom is trained and experienced in the proper installation of tank systems, must inspect the system or component for the presence of any of the following items:

(i) Weld breaks;

(ii) Punctures;

(iii) Scrapes of protective coatings;

(iv) Cracks;

(v) Corrosion;

(vi) Other structural damage or inadequate construction or installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.

(DD) For any tank system or components in which the external shell of a metal tank or any external metal component of the tank system is or will be in contact with soil or water, the following corrosion assessment details are required: Factors affecting the potential for corrosion, including but not limited to: soil moisture content, soil pH, soil sulfides level, soil resistivity, structure to soil potential, Influence of nearby underground metal structures (e.g., piping), stray electric current and Existing corrosion-protection measures (e.g., coating, cathodic protection), and the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:

(i) Corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic;

(ii) Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes); and

(iii) Electrical isolation devices such as insulating joints and flanges. The practices described in the National Association of Corrosion Engineers (NACE) standard, ''Recommended Practice (RP- 02-85)-Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,'' and the American Petroleum Institute (API) Publication 1632, ''Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,'' may be used, where applicable, as guidelines in providing corrosion protection for tank systems.

(EE) The owner or operator must provide the type and degree of corrosion protection necessary, based on the information provided above to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.

(FF) Tank systems shall be tested to ensure that they are not leaking, or will not leak, by either having a qualified professional engineer enter the tank system and conduct an interior inspection, or if the tank is non-enterable by conducting a precision leak test on the tank system.

(GG) For any underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures to protect the tank system from damage and design considerations shall ensure that:

(i) Tank foundations will maintain the load of a full tank;

(ii) Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone;

(iii) Tank systems will withstand the effects of frost heave.

(HH) The evaluation (and the annual tank system testing, if required) shall be documented in writing and the written report shall be maintained on-site by the generator and shall be made available to Department personnel upon request.

(II) All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed prior to the tank system being covered, enclosed, or placed in use.

(JJ) Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.

(KK) The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), ''Installation of Underground Petroleum Storage Systems,'' or ANSI Standard B31.3, ''Petroleum Refinery System,'' may be used, where applicable, as guidelines for proper installation of piping systems.

b. Tank systems that are leaking or are deemed unfit for use are subject to §1.7.12(E)(3)(g) ((7)) of this Part. All new tanks systems that have leaks shall be repaired to remedy the leaks prior to covering, enclosing or placing the tank systems into service. Also, any signs of damage to new tank systems must be remedied prior to covering, enclosing or placing them into service as required by §1.7.12(D)(3) (a) ((4))((ii)) of this Part above.

c. New Tank System Installation Tasks.

(1) New tanks systems or components and piping that are placed underground and backfilled, shall use a backfill material that is a non-corrosive, porous, homogeneous substance. The backfill shall be placed completely around the tank and compacted to ensure full and uniform support for the tank and piping.

(2) The type and degree of corrosion protection provided shall be based on the corrosion assessment details of 40 C.F.R. § 265.192(a)(3). Installation of the field fabricated corrosion protection system shall be supervised by an independent corrosion expert.

d. New Tank System Documentation: written statements required to be stored on-site include the §1.7.12(D)(3)(a) ((2)) of this Part certification statement and statements by persons required to certify the design of the tank system and who supervise the installation of the tank system, attesting that the tank system was properly designed and installed and that any tank system repairs, if needed, per §1.7.12(D)(3)(c) of this Part, were performed.

e. Secondary Containment for Tank Systems. Large Quantity Generators shall design and install secondary containment systems in such a manner as to prevent a spill or release of hazardous waste from the system into the environment or into the facility. The containment shall be capable of collecting and containing one hundred percent (100%) of the volume of the design capacity of the largest tank and shall be designed or capable of being operated to drain and remove accumulated waste within 24 hours or as allowed by the Department, based on environmental safety factors. Tank systems, including sumps, as defined in 40 C.F.R. § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from these requirements. The secondary containment system shall also be (or satisfy the following):

(1) Constructed of or lined with materials that are compatible with the hazardous waste stored in the tank system so that the hazardous waste would not be capable of physically or chemically damaging or compromising the integrity of the containment system. The containment system shall be constructed of materials of sufficient thickness and strength to withstand the pressure generated by holding the designed volume of the hazardous waste.

(2) Built on a foundation or floor that is free of cracks or gaps, is sealed or coated with a liquid tight compound (epoxy or resin) and capable of withstanding movement caused by settling, uplifting or compression of the underlying soils.

(3) Provided with a leak detection system that is capable of detecting, within 24 hours (unless the generator can demonstrate that the condition or current technologies will not allow detection within 24 hours), any release of hazardous waste or accumulation of other liquid from the secondary containment. This leak detection system shall be tested by the generator on an annual basis to ensure that it remains in an operational state.

(4) Aboveground tanks that are located outdoors shall have a secondary containment system that is designed or operated to drain off and remove accumulated precipitation to prevent it from reducing the storage capacity of the containment system. The design capacity of the containment system shall be an amount greater than or equal to one hundred percent (100%) of the volume of the aboveground tank system and a volume equivalent to the amount of precipitation generated by a 25-year, 24-hour storm. Prior to releasing or discharging any accumulated precipitation the generator shall visually inspect the accumulated liquid and storage tanks looking for signs of a release of hazardous waste. In the event that visual evidence of a release is observed the generator shall collect a sample of the accumulated liquid and have it analyzed to determine if it meets the definition of hazardous waste. Generators shall manage the accumulated precipitation in accordance with all applicable Federal, State and local regulations pertaining to the discharge of stormwater.

(5) The containment system shall meet all of the standards listed above and consist of one of the following designs unless prior approval is obtained from the Director for the use of an alternate system;

(AA) External liner system: An external liner system shall be designed to completely surround the tank and to cover the entire surrounding ground surface that is likely to come into contact with the waste if a spill or release occurs and be free of cracks and gaps.

(BB) Vault systems must be:

(i) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;

(ii) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event;

(iii) Constructed with chemical-resistant water stops in place at all joints (if any);

(iv) Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete;

(v) Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated meets the definition of ignitable waste under 40 C.F.R. § 261.21, or meets the definition of reactive waste under 40 C.F.R § 261.23 and may form an ignitable or explosive vapor; and

(vi) Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.

(6) Double walled systems shall be comprised of an inner tank inside an outer shell constructed of, or lined with, a corrosion resistant material that is compatible with the waste. The system shall also have a built-in continuous leak detection system (such as an interstitial monitor) capable of detecting a release within twenty-four (24) hours, unless the generator can demonstrate that site conditions or current technologies will not allow for detection within that time period.

(7) Ancillary equipment shall be provided with full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the secondary containment requirements in §1.7.12(D) (3)(e) of this Part above except for:

(AA) Aboveground piping (exclusive of flanges, joints, valves, and connections) that are visually inspected for leaks on a daily basis;

(BB) Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;

(CC) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and

(DD) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.

(8) Tanks, sumps and other collection devices used in conjunction with drip pads, as defined in 40 C.F.R. § 260.10 and regulated in §1.7.12(F) of this Part [Drip Pads] must meet the requirements of these rules.

f. Daily inspection: Generators shall inspect tank systems holding hazardous waste once each operating day (except as provided in item f below) and shall maintain a written record of each inspection. The inspection shall include at least the following:

(1) Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.

(2) Visual inspection of the aboveground sections of a tank for signs of corrosion or release of waste.

(3) The construction materials and area immediately surrounding the tank system, including the secondary containment system, looking for signs of corrosion and for signs of a release of hazardous waste.

(4) Data gathered from any and all monitoring and leak detection equipment that is part of the tank system to ensure that it is operating properly.

(5) Ancillary equipment, as described in §§1.7.12(C)(3)(f) ((1)) through ((4)) of this Part above that is not provided with secondary containment.

(6) If cathodic protection systems are present, the owner or operator must inspect them, according to, at a minimum, the following schedule to ensure that they are functioning properly:

(AA) The proper operation of the cathodic protection system must be confirmed within six months after initial installation, and annually thereafter; and

(BB) All sources of impressed current must be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).

(7) The practices described in the National Association of Corrosion Engineers (NACE) standard, ''Recommended Practice (RP- 02-85)-Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,'' and the American Petroleum Institute (API) Publication 1632, ''Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,'' may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.

g. Generators that store hazardous waste in tanks shall comply with the following requirements:

(1) Waste Accumulation: Hazardous Waste shall be stored in tanks for a period of time not to exceed ninety (90) days from the date the waste was first placed into the tank.

(2) Accumulation Start Date: Generators shall either mark the side of a tank holding hazardous waste with the date the waste first began to accumulate, or maintain a written log that records the date that hazardous waste was first placed into or removed from the tank.

(3) Construction: Hazardous waste shall be placed into a tank system that is constructed of, or lined with, material that is compatible with the hazardous waste.

(AA) Spill prevention controls (e.g., check valves);

(BB) Overfill controls (e.g., level sensing alarms, high level alarms, automatic waste feed cutoff systems, or bypass to standby tank);

(CC) Maintenance of sufficient freeboard (at least 2 feet) in uncovered tanks to prevent overtopping by wind or wave action or by precipitation.

(5) Inappropriate Wastes and Incompatible Wastes: Hazardous wastes or treatment reagents shall not be placed in a tank system if they could cause the tank, its auxiliary equipment, or the secondary containment system to rupture, lead, corrode, or otherwise fail. Incompatible hazardous wastes, or incompatible wastes and materials shall not be placed into the same tank system if the wastes have the potential to cause the tank to leak or otherwise damage the tank system and unless the generator complies with 40 C.F.R. § 265.17(b) requirements. Hazardous waste shall not be placed in an unwashed tank which previously held an incompatible waste or material, unless the generator complies with 40 C.F.R. § 265.17(b).

(6) Ignitable or Reactive Wastes

(AA) Ignitable or reactive wastes shall not be placed into a tank system unless the generator complies with the requirements in 40 C.F.R. § 265.17(b) and;

(i) Treats, renders or mixes the hazardous waste so that the waste is no longer ignitable or reactive; or

(ii) The waste is stored or handled in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

(iii) The tank system is used solely for emergency storage.

(BB) Generators storing ignitable or reactive wastes in tanks shall also locate the tanks on the site away from the public ways or property boundaries in compliance with the buffer zone requirements in Tables 2-1 - 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981) as per 40 C.F.R. § 260.11(d).

(7) Tank Failure or Leaking Tank: A tank system that fails or leaks waste shall immediately be removed from service. Additionally, the generator shall meet the following requirements:

(AA) Immediately stop the flow of waste to the tank system or to the secondary containment, inspect the tank system to determine the source of the release, and complete repairs, as required below before allowing further use.

(i) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

(ii) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.

(iii) Major repairs require PE certification of tank reusability. If the owner/operator has repaired a tank system in accordance with requirements of §§1.7.12(D)(3)(g) ((1))((AA)), ((BB)) and ((DD)) of this Part, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification by a qualified Professional Engineer in accordance with 40 C.F.R. § 270.11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification is to be placed in the operating record and maintained until closure of the facility.

(BB) Remove all waste from the tank system within 24 hours of the discovery of the release and manage said waste in accordance with these regulations.

(CC) If waste was released to the secondary containment system, the generator shall remove all accumulated hazardous waste from the secondary containment device within 24 hours and manage said waste in accordance with these regulations.

(DD) Comply with all requirements relating to release reporting and mitigation from tanks, as required by 40 C.F.R. § 265.196(d).

(EE) Prevent further migration of any leaks or spills to soils or surface water, if applicable, and remove and properly dispose of any visible contamination of soil or surface water, if applicable.

(FF) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements for containment and detection of leaks in §§1.7.12(D)(3)(g) ((7))((AA))((iii)) of this Part before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of §1.7.12(D)(3)(g) ((1))((CC)) of this Part above are satisfied. If a component is replaced to comply with these requirements, that component must satisfy the requirements for new tank systems or components in §§1.7.12(D)(3)(a)(AA) through (BB) of this Part. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component must be provided with secondary containment in accordance with §1.7.12(D)(3)(e) of this Part prior to being returned to use.

(GG) Unless the owner or operator satisfies the requirements of §§1.7.12(E)(3)(g) ((7))((AA))((i)), ((ii)) and 1.7.12(E) (3)(g) ((7))((FF)) of this Part, the tank system must be closed in accordance with §1.7.12(E)(3)(g) ((8)) of this Part below (Closure and Post Closure Care Actions).

(8) Closure and Post-Closure Care Actions: At closure of a tank system, LQGs must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste (if they meet the definition of such in § 1.5 of this Part). If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (40 C.F.R. § 265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill and the closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements of 40 C.F.R. Part 265 Subparts G and H.

E. Containment Buildings:

1. LQGs that store hazardous waste in containment buildings shall comply with the requirements of 40 C.F.R. Part 265 subpart DD, including 40 C.F.R. § 265.1102, and the requirements of 40 C.F.R. §§ 265.111 and 265.114. The LQG shall obtain a certification from a professional engineer that the containment building complies with the design standards specified in 40 C.F.R. § 265.1101 prior to operation of the unit and shall maintain the following records at the facility:

a. A copy of the professional engineer's certification of the generator's compliance with the design standards in 40 C.F.R. § 265.1101.

b. A written description of procedures to ensure that the hazardous waste remains in the containment building for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 90-day storage limit, and documentation that the generator is complying with the procedures; or

c. Documentation that the containment building is emptied at least once every 90 days.

F. Drip Pads:

1. LQGs may store waste on drip pads provided that the generator complies with all of the requirements of 40 C.F.R. Part 265 Subpart W and maintains the following records at the facility:

a. A written description of procedures that the generator shall follow to ensure that all hazardous wastes are removed from the drip pad and associated collection system at least once every 90 days; and

b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

G. Labeling:

1. Each accumulation container holding hazardous waste shall be labeled with the following information:

a. The words "Hazardous Waste."

b. The chemical or common name of the waste.

c. Name, address and EPA Identification Number of the generating facility.

2. Each tank holding hazardous waste shall be labeled with the following information:

a. The words "Hazardous Waste."

b. The chemical or common name of the waste.

3. Each satellite accumulation container shall be labeled as required by §1.7.8 of this Part.

H. Notification and Cleanup of Spills or Releases:

1. In the event of a spill or release of hazardous waste or material that presents any risk of injury to health or the environment, the generator or any other person having knowledge of the spill or release shall immediately notify the Department (daytime- 401-222-1360, 24 hours- 401-222-3070) and provide all requested information dealing with such a spill or release.

2. The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen (15) days after the incident, he/she must submit a written report on the incident to the Department. The report must include:

a. Name, address, and telephone number of the owner or operator;

b. Name, address, and telephone number of the facility;

c. Date, time, and type of incident (e.g., fire, explosion);

d. Name and quantity of material(s) involved;

e. The extent of injuries, if any;

f. An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

g. Estimated quantity and disposition of recovered material that resulted from the incident.

3. In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or hazardous material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.

I. Spill Prevention, Response Equipment and Arrangements with Local Authorities:

1. LQGs shall maintain and operate their facilities in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.

2. LQGs shall be equipped with the following, unless hazards posed by waste handled at the facility would not require a particular piece of equipment specified below. LQGs shall maintain spill control and emergency equipment at or near all areas where hazardous waste is generated and stored at the facility. The spill control equipment shall be designed to be effective when used on the type of hazardous waste typically generated at the subject facility. LQGs shall keep an amount of spill control equipment on-site at all times that is capable of controlling or absorbing a release of waste equal to the volume of the largest hazardous waste container in a specific area. LQGs shall test all communications systems, alarm systems, fire control equipment and decontamination equipment as necessary to maintain the equipment to ensure its proper operation on at least an annual basis. The communications systems, spill control equipment and emergency equipment/materials shall consist of the following:

a. An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

b. A device, such as a telephone (immediately available at the scene of operations), cell phone, or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams.

c. Fire control equipment (including, but not limited to, portable fire extinguishers special extinguishing equipment, such as that using foam, inert gas, or dry chemicals).

d. Spill control equipment (including, but not limited to, sorbents, rags, pigs, pads, and drain stops).

e. Decontamination equipment (including, but not limited to, eye washer and showers).

f. Water at adequate volume and pressure to supply water hose streams or foam producing equipment, or automatic sprinklers, or water spray systems.

3. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Director has ruled that such a device is not required under §1.7.12(E)(8)(b) of this Part.

4. If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Director has ruled that such a device is not required under §1.7.12(E)(8)(b) of this Part.

5. Arrangements shall be made or attempted to be made with the appropriate local authorities, in accordance with the requirements of 40 C.F.R. § 265.37.

J. Personnel Training:

1. LQGs who store hazardous waste on-site shall develop and maintain on-site, a written employee training program and shall provide this training to all of its employees whose job duties involve the handling or management of hazardous waste within six (6) months of their initial hiring date. The training program shall be directed by an individual who has been trained in the area of hazardous waste management regulations by a qualified environmental consultant, qualified academic instructor or by having completed a specialized program of study. The training program shall contain and cover at a minimum the following information:

a. A definition of regulated hazardous waste and a list of hazardous wastes typically generated or stored by the facility.

b. Management procedures that are required to be followed in order to properly handle and store hazardous waste on-site.

c. A description of any applicable regulatory exemptions that are utilized by the company for storing and/or managing hazardous waste generated at the facility.

d. A description of container and tank labeling and dating requirements as appropriate.

e. A description of accumulation (storage) time limits.

f. Waste pre-transport requirements, including proper use of Uniform Hazardous Waste Manifests.

g. Proper implementation of the facility's hazardous waste contingency plan, if applicable, including response to fires or explosions and response to groundwater contamination incidents.

h. Spill prevention and response including procedures for using, inspecting, repairing, and replacing emergency equipment and monitoring equipment, operation of any continuous feed cut-off systems, communication or alarm systems, location and use of emergency response equipment and procedures for the complete shutdown of facility operations.

i. Proper evacuation procedures and routes.

j. LQGs shall provide an annual review of the initial training for all of their employees who handle or manage hazardous waste that covers all of the information listed above. LQGs shall also maintain written documentation of the type and amount of training provided to each employee, the employee's name and job title, a description of the employee's duties and qualifications for the job and a dated sign-in sheet for each training session for a period of at least three (3) years from the date employees left the facility, for former employees, or until facility closure for current personnel.

K. Hazardous Waste Contingency Plan:

1. Large quantity generators of hazardous waste shall prepare and develop a site specific written hazardous waste contingency plan for their facilities. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents that could threaten human health or the environment. The contingency plan requirements also include the following:

a. The contingency plan shall include a description of actions to be taken by facility personnel in response to a fire, explosion or any unplanned spill or release of hazardous waste or hazardous materials to the air, soil, or waters of the State.

b. The plan shall include a description of the arrangements made with outside emergency responders (police, fire departments, hospitals, contractors, state and local emergency response teams) to coordinate emergency services to the facility.

c. The plan shall list the names, addresses, and phone numbers (work and home) of all persons qualified to act as emergency coordinators, shall identify one person as the primary emergency coordinator for the company and other persons shall be listed in the order in which they will assume this role, as alternates. The generator shall ensure that at all times there is at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. The list of coordinators shall be kept up to date.

d. The plan shall include a list and description of all emergency equipment (and their capabilities) at the facility (such as fire extinguishers, spill control equipment, communication and alarm systems and decontamination equipment) and shall indicate where such equipment is located throughout the facility. This list shall be kept up to date.

e. The plan shall include an evacuation plan for personnel where there is a possibility that evacuation may be necessary as the result of a fire, explosion, spill or other emergency. The plan shall describe the signal to be used to initiate the evacuation, the routes to be taken by company personnel and alternate routes in the event of blockage of primary routes.

f. Generators shall maintain a copy of the current hazardous waste contingency plan at the facility and shall be able to locate the plan immediately in an emergency or upon request for inspection purposes. A copy of the current plan shall be provided to all agencies (fire department, police department, hospital, State or local response agency) that may be called upon to respond to an incident at the facility and/or provide emergency services.

g. Generators shall review and amend the contingency plan as necessary if any of the following occurs:

(1) Applicable regulations are revised.

(2) The plan fails to work during an emergency or incident.

(3) The generator's facility changes in design, construction, operation, maintenance or other manner that materially increases the potential for fires, explosions, releases of hazardous waste or changes the logistics for a response to an incident at the facility.

(4) The list of emergency coordinators changes.

(5) The type or amount of emergency equipment is changed.

h. The Hazardous Waste Contingency Plan shall include a list of emergency procedures to be taken by emergency coordinators that shall include at least the following (if applicable to the facility's operations and the types of hazardous wastes generated):

(1) The method for activation of alarms or communication systems and notification to DEM (daytime phone 401-222-1360, 24 hour- 401-222-3070) and other agencies with response roles.

(2) Whenever there is a release, fire, or explosion, procedures to be carried out by the emergency coordinator(s) to immediately identify the nature and real extent of the hazardous waste involved, assessment of possible hazards to human health or the environment,

(3) Emergency procedures to be taken by the emergency coordinator(s) in order to give assistance to outside responders to facilitate evacuation and notification to government officials as required and per §1.7.12(E)(10)(a) ((1)) of this Part.

(4) Emergency procedures to be taken by emergency coordinators to ensure that fire, explosions, and releases do not occur, recur or spread to other hazardous waste at the facility.

(5) Emergency monitoring procedures of leaks, ruptures, pressure build-up and gas generation to be conducted by emergency coordinators if the facility stops operation in response to a fire, explosion, release or other incident.

(6) Emergency procedures to be taken by emergency coordinators to provide for storing, treating, or disposing of all wastes, contaminated soil or surface water, and other materials resulting from a fire, explosion, release or other incident.

(7) Emergency procedures to be taken by emergency coordinators to ensure that no waste that is incompatible with the released material is stored, treated or disposed of until clean-up is completed and all emergency equipment is cleaned and fit for reuse after an incident and procedures for the generator to notify the Department that such measures have been taken.

(8) The procedure to be taken by the generator to comply with the notification requirements contained in this rule and the notification requirements of 40 C.F.R. § 265.56(i).

i. The generator or his/her designee shall, in the event of a fire, spill or release, take appropriate action to control and terminate the incident by instituting the measures described in the contingency plan. The generator shall immediately:

(1) In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

(2) In the event of a fire, explosion or other release that could threaten human health or when the generator has reason to suspect that a spill may cause a release to the environment, the generator shall immediately notify the National Response Center ( 800-424-8802). The report shall include the following information:

(AA) Name and telephone number of person reporting the incident;

(BB) The name, address and U.S. EPA Identification Number of the generator;

(CC) Date, time and type of incident (e.g., spill or fire);

(DD) Quantity and type of hazardous waste involved in the incident;

(EE) Extent of injuries, if any;

(FF) The possible hazards to human health and the environment outside of the facility;

(GG) Estimated quantity and disposal of recovered materials, if any.

L. Waste Shipment:

1. LQGs shall send hazardous waste only to a designated facility. The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except where 40 C.F.R. § 262.20(f) [transport on a right-of-way within or along a contiguous property] applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31 [hazardous waste discharges], nor shall he/she offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:

a. The generator, except for those shipments of exclusively used oil, shall complete the generator section of the Manifest prior to sending any hazardous waste from the property where it is generated. The generator shall complete this section in accordance with the requirements of 40 C.F.R. § 262.20 and the related appendix to 40 C.F.R. Part 262 (instructions for the uniform hazardous waste Manifest) and the requirements of these Rules and Regulations. The generator will also note in item 13 of the Manifest if the waste is an R006 waste as defined by the "Rhode Island Hazardous Wastes" definition in § 1.5 of this Part. The generator shall also indicate if the waste is exempt from the generator fee by listing waste codes R011 through R016 if appropriate.

b. The generator shall complete the generator section of a Manifest prior to the shipment of the waste and shall certify as follows:

(1) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment";

c. The generator shall also maintain a copy of the Manifest for his records. All remaining copies shall be turned over to the hazardous waste transporter and shall accompany the waste through the routing indicated by the generator.

d. The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest as required by 40 C.F.R. § 262.23(a)(2). The generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.

e. A generator sending or receiving waste to or from a foreign country shall comply with the federal requirements in 40 C.F.R. Part 262 Subpart E, 40 C.FR. Part 262 Subpart F and 40 C.F.R. Part 262 Subpart H in addition to complying with the applicable state generator requirements.

f. For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.

g. For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three (3) copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

h. For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three (3) copies of the manifest dated and signed in accordance with this section to:

(1) The next non-rail transporter, if any; or

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste in the United States if exported by rail.

i. A generator shipping waste via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).

j. In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, an LQG shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.

k. A generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

l. A generator must submit an Exception Report to the Department if he has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery;

(2) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

m. A generator shall designate on the Manifest one (1) designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one (1) alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

n. For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 C.F.R. §§ 264.72(f) or 265.72(f)), the generator must:

(1) Sign either:

(AA) Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(BB) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(2) Provide the transporter a copy of the manifest;

(3) Within thirty (30) days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(4) Retain at the generator's site a copy of each manifest for at least three years from the date of delivery.

o. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of §1.7.12 of this Part. Upon receipt of the returned shipment, the generator must:

(1) Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

p. For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 C.F.R. § 264.72(e)(1) through (6) or 40 C.F.R. § 265.72(e)(1) through (6)), the generator must comply with the requirements of above for exception reporting for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of compliance with exception reporting above, for a shipment forwarding such waste to an alternate facility by a designated facility:

(1) The copy of the manifest received by the generator must have the signature of the owner or operator of the alternate facility as required by 40 C.F.R. § 262.42(c)(1) in place of the signature of the owner or operator of the designated facility, and

(2) The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

q. The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.

r.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.

s. The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.

t. In addition to providing the manifest, a generator must provide a onetime Land Disposal Restriction (LDR) notification to the TSD facility as required by 40 C.F.R. § 268.7(a)(2) and 40 C.F.R. § 268.7(a)(3) as administered by the EPA.

M. Biennial Reports:

1. LQGs as well as those who have treated, stored or disposed of hazardous waste during the reporting period, shall prepare and submit a biennial report (on appropriate forms provided by the Department) in accordance with the provisions of 40 C.F.R. § 262.41. The report shall be submitted to the Department by March 1 of the even-number year that reports hazardous waste activities for the immediately preceding odd-number year. Additional reporting, as per 40 C.F.R. § 262.43, may also be required. Household hazardous waste shall be exempt from reporting in the biennial report.

1.7.13Small Quantity Generators (SQGs) Waste Management Requirements

A. The following requirements apply to Small Quantity Generators as defined in § 1.5 of this Part. As per §1.7.6(C) of this Part, if an SQG generates or stores more waste than specified in the definition of an SQG in § 1.5 of this Part, he/she must notify the Department and manage the waste in accordance with the provisions of §1.7.12(LQG) of this Part.

B. Hazardous Waste Storage:

SQGs may store hazardous waste on-site for a period of time that does not exceed one hundred eighty (180) days, without first obtaining a storage permit as required by Hazardous Waste § 1.9 of this Part. Hazardous waste may not be stored in containment buildings or drip pads. An SQG who stores hazardous waste for more than 180 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.11 of this Part.

C. Hazardous Waste Accumulation in Containers:

1. SQGs may store hazardous waste in containers provided that the generator:

a. Marks the side of containers holding hazardous waste with the date upon which the waste first began to accumulate.

b. Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.

c. Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.

e. Stores all containers holding ignitable or reactive hazardous waste in an area that is at least fifty (50) feet from any property boundary lines.

h. Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases and does not damage the structural integrity of the device containing the waste, and does not threaten human health and the environment through other like means.

i. Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and or corrosion of the containers and for any signs of leaks or releases of hazardous waste. Generators shall maintain a written record documenting the date and time of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, of the result of each inspection for a period of at least three (3) years.

k. Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions listed in §1.7.13(C)(1)(h) of this Part are satisfied.

D. Accumulation in Tanks:

1. SQGs that store hazardous waste in tanks shall comply with all of the requirements listed below. All generators storing hazardous waste in underground storage tanks shall also comply with the Rhode Island Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (Subchapter 25 Part 1 of this Chapter).

2. Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements for containment and detection of releases in §§1.7.13(D)(3)(a) and (b) of this Part. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by reference in 40 C.F.R. § 260.11 of this chapter.

3. SQGs storing hazardous waste in aboveground tanks shall comply with the following. Tank systems, including sumps, as defined in 40 C.F.R. § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements of items §§1.7.13(D)(3)(a) and (b) of this Part.

a. Tank Systems without Containment:

(1) SQGs that store hazardous waste in tank systems that are not equipped with a secondary containment feature shall inspect the tank systems once each operating day and shall maintain a written record of each inspection. The inspection shall include at least the following:

(AA) Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.

(BB) Visual inspection of the aboveground sections of a tank for signs of corrosion or release of waste.

(CC) The construction materials and area immediately surrounding the tank system's discharge confinement structures, if any, looking for signs of corrosion and for signs of a release of hazardous waste.

(DD) Any and all monitoring equipment that is part of the tank system to ensure that it is operating properly.

(EE) The level of the waste in the tank to ensure at least two (2') feet of freeboard.

b. Tank Systems with Containment:

(1) SQGs that store hazardous waste in tank systems that are equipped with a secondary containment feature shall inspect the tank systems once every week and shall maintain a record of each inspection. The inspection shall include at least the following:

(AA) Overfill/spill control equipment (e.g., waste feed cutoff systems, bypass systems and drainage systems) to ensure they are in working order.

(BB) Visual inspection of the aboveground sections of a tank for signs of corrosion.

(CC) The construction materials and area immediately surrounding the tank system's secondary containment, looking for signs of corrosion and for signs of a release of hazardous waste.

(DD) Any and all monitoring equipment that is part of the tank system to ensure that it is operating properly.

(EE) The level of waste in the tank to ensure at least 2 feet of freeboard.

c. SQGs that store hazardous waste in tanks shall comply with all of the following requirements:

(1) Waste Accumulation: Hazardous waste shall be stored in tanks for a period of time not to exceed one hundred-eighty (180) days from the date the waste was first placed into the tank.

(2) Accumulation Start Date: The side of a tank holding hazardous waste shall be marked with the date the waste first began to accumulate, or a written log shall be maintained that records the date that hazardous waste was first placed into or removed from the tank.

(3) Construction: Hazardous waste shall be placed into a tank system that is constructed of, or lined with, material that is compatible with the hazardous waste.

(4) Spill Prevention: Appropriate controls and procedures shall be used to prevent spills and overflows from the tank system or secondary containment device. These shall include at least the following: Spill prevention controls (e.g., check valves); Overfill controls (e.g., level sensing alarms, high level alarms, automatic waste feed cutoff systems, by-pass to standby tank); Maintenance of sufficient freeboard (at least 2 feet) in uncovered tanks to prevent overtopping by wave action.

(5) Inappropriate Wastes and Incompatible Wastes: Hazardous waste or treatment reagents shall not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life. Incompatible hazardous wastes, or incompatible wastes and materials, shall not be placed into the same tank system if the wastes have the potential to cause the tank to leak or otherwise damage the tank system and unless the generator complies with 40 C.F.R. § 265.17(b) requirements. Hazardous waste shall not be placed in an unwashed tank which previously held an incompatible waste or material, unless 40 C.F.R. § 265.17(b) is complied with.

(6) Ignitable or Reactive Wastes: Ignitable or reactive wastes shall not be placed into a tank system unless the generator complies with the requirements in 40 C.F.R. § 265.17(b) and: Treats, renders or mixes the hazardous waste so that the waste is no longer ignitable or reactive; or the waste is stored or handled in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or the tank system is used solely for emergency storage. Generators storing ignitable or reactive wastes in tanks shall also locate the tanks on the site away from the public ways or property boundaries in compliance with 40 C.F.R. § 260.11(d) (1) Table 2-1 through 2-6 of the buffer zone requirements of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981).

(7) Tank Failure: a tank system shall immediately be removed from service that fails or leaks waste. Additionally, the generator shall meet the following requirements:

(AA) Immediately stop the flow of waste to the tank system, inspect the tank system to determine the source of the release, and complete repairs, a required by 40 C.F.R. § 265.196(e), before allowing further use. Major repairs require the contractor conducting the repair certify that the tank meets the requirements of 40 C.F.R. § 265.196(e);

(BB) Remove all waste from the tank system within 24 hours of the discovery of the release and manage said waste in accordance with these regulations;

(CC) If waste was released to the secondary containment system, the generator shall remove all accumulated hazardous waste from the secondary containment device and manage said waste in accordance with these regulations.

(8) Notification of Spills: Comply with the requirements of notification of spills relating to spill reporting and mitigation from tanks.

(9) Closure Actions: Upon closure of the tank, or termination of the process that generated the waste stored in the tank system, all hazardous waste in tanks, discharge control equipment, and discharge confinement structures shall be removed and properly managed.

E. Labeling:

1. Each accumulation container holding hazardous waste shall be labeled with the following information:

a. The words "Hazardous Waste."

b. The chemical or common name of the waste.

c. Name, address and EPA Identification Number of the generating facility.

2. Each tank holding hazardous waste shall be labeled with the following information:

a. The words "Hazardous Waste."

b. The chemical or common name of the waste.

3. Each satellite accumulation container shall be labeled in accordance with §1.7.8 of this Part.

F. Personnel Training:

1. SQGs shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies. They shall also document that each employee has been made aware of proper waste handling and emergency procedures and maintain copies of this information on-site. SQGs who manage their hazardous waste in satellite accumulation containers only are not required to provide training to its personnel provided that they maintain full compliance with the satellite accumulation requirements of §1.7.8 of this Part. The training program shall be directed by an individual who has been trained in the area of hazardous waste management regulations by a qualified environmental consultant, qualified academic instructor or by a person having completed a specialized program of study. The training program shall contain and cover at a minimum the following information:

a. A definition of regulated hazardous waste and a list of hazardous wastes typically generated or stored by the facility.

b. Management procedures that are required to be followed in order to properly handle and store hazardous waste on-site.

c. A description of any applicable regulatory exemptions that are utilized by the company for storing and/or managing hazardous waste generated at the facility.

d. A description of container and tank labeling and dating requirements as appropriate.

e. A description of accumulation (storage) time limits.

f. Waste pre-transport requirements, including proper use of Uniform Hazardous Waste Manifests.

g. Proper implementation of the facility's hazardous waste contingency plan, if applicable, including response to fires or explosions and response to groundwater contamination incidents.

i. Proper evacuation procedures and routes.

G. Notification and Cleanup of Spills or Releases:

1. In the event of a spill or release of hazardous waste or material that presents any risk of injury to health or the environment, the generator or any other person having knowledge of the spill or release shall immediately notify the Department (daytime- 401-222-1360, 24 hours 401-222-3070) and provide all requested information dealing with such a spill or release.

2. The generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he/she must submit a written report on the incident to the Department. The report must include:

a. Name, address, and telephone number of the owner or operator;

b. Name, address, and telephone number of the facility;

c. Date, time, and type of incident (e.g., fire, explosion);

d. Name and quantity of material(s) involved;

e. The extent of injuries, if any;

f. An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

g. Estimated quantity and disposition of recovered material that resulted from the incident.

3. In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.

H. Spill Prevention, Response Equipment and Arrangements with Local Authorities:

1. SQGs shall maintain and operate their facilities in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.

2. SQGs shall be equipped with the following, unless hazards posed by waste handled at the facility would not require a particular piece of equipment specified below. SQGs shall maintain spill control and emergency equipment at or near all areas where hazardous waste is generated and stored at the facility. The spill control equipment shall be designed to be effective when used on the type of hazardous waste typically generated at the subject facility. SQGs shall keep an amount of spill control equipment on-site at all times that is capable of controlling or absorbing a release of waste equal to the volume of the largest hazardous waste container in a specific area. SQGs shall test all communications systems, alarm systems, fire control equipment and decontamination equipment as necessary to maintain the equipment to ensure its proper operation on at least an annual basis. The communications systems, spill control equipment and emergency equipment/materials shall consist of the following:

a. An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

c. Fire control equipment (including, but not limited to, portable fire extinguishers special extinguishing equipment, such as that using foam, inert gas, or dry chemicals).

d. Spill control equipment (including, but not limited to, sorbents, rags, pigs, pads, and drain stops).

e. Decontamination equipment (including, but not limited to, eye washer and showers).

f. Water at adequate volume and pressure to supply water hose streams or foam producing equipment, or automatic sprinklers, or water spray systems.

5. Arrangements shall be made or attempted to be made with the appropriate local authorities in accordance with the requirements of 40 C.F.R. § 265.37.

I. Hazardous Waste Contingency Plan:

1. SQGs shall not be required to develop a hazardous waste contingency plan provided that they comply with the following requirements:

a. At all times, one employee is on-site, or on call and able to return to the facility in a short period of time, to act as an emergency response coordinator and be responsible for implementing the necessary response measures for the situation.

b. The generator shall post the name and telephone number of the emergency response coordinator, telephone number of the local fire department, DEM (day 401-222-1360, 24-hour 401-222-3070), National Response Center ( 800-424-8802) and the environmental contractor on call to clean up spills next to any and all telephones in the vicinity of the hazardous waste storage area.

c. Conspicuously mark the location of fire extinguishers, spill control equipment and fire alarm (if present) and post the location of these items next to any and all phones in the vicinity of the hazardous waste storage area; and

d. Take immediate action to clean up any spills or releases of hazardous waste and any contaminated materials or soils. This shall include employing an environmental clean-up contractor if the spill or release exceeds the capabilities of the on-site employees.

2. The emergency coordinator or his designee shall respond to any emergencies that arise. The required responses include but are not limited to:

a. In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

b. In the event of a spill or release attempt to contain the waste using appropriate control equipment. The generator should contact its emergency response contractor for assistance with large spills/releases.

c. Evacuate the facility if necessary.

d. In the event of a fire, explosion or other release that could threaten human health or when the generator has reason to suspect that a spill may result in a release to the environment, the generator shall immediately notify the National Response Center ( 800-424-8802). The report shall include the following information:

(1) The name, address and U.S. EPA Identification Number of the generator;

(2) Date, time and type of incident (e.g., spill or fire);

(3) Quantity and type of hazardous waste involved in the incident;

(4) Extent of injuries, if any;

(5) Estimated quantity and disposal of recovered materials, if any.

J. Waste Shipment:

1. SQGs shall send hazardous waste only to a designated facility. The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except where 40 C.F.R. § 262.20(f) applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31, nor shall he/she offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:

b. The generator shall complete the generator section of a Manifest prior to the shipment of the waste and shall certify as follows:

(1) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method."

d. The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest as required by 40 C.F.R. § 262.23(a)(2). A generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.

e. A generator sending or receiving waste to or from a foreign country shall comply with the federal requirements in 40 C.F.R. Part 262 Subpart E, 40 C.F.R. Part 262 Subpart F and 40 C.F.R. Part 262 Subpart H in addition to complying with the applicable state generator requirements.

g. For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

h. For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:

(1) The next non-rail transporter, if any; or

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste in the United States if exported by rail.

i. A generator shipping waste via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).

j. In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, an SQG must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery;

(2) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

m. A generator shall designate on the Manifest one designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(1) Sign either: Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(2) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(3) Provide the transporter a copy of the manifest;

(4) Within 30 days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(5) Retain at the generator's site a copy of each manifest for at least three years from the date of delivery.

o. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of §1.7.13 depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:

(1) Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(2) The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

q. The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.

r.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.

s. The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.

K. Biennial Reports:

SQGs shall prepare and submit a biennial report (on appropriate forms provided by the Department) if requested to do so by the Department.

1.7.14Conditionally Exempt Small Quantity Generators (CESQGs) - Waste Management Requirements

A. The following requirements apply to Conditionally Exempt Small Quantity Generators as defined in § 1.5 of this Part. As per §1.7.6(C) of this Part, if a CESQG generates or stores more waste than specified in the definition of a CESQG in § 1.5 of this Part, he/she must notify the Department and manage the waste in accordance with the provisions of §1.7.12(LQG) or §1.7.13(SQG) of this Part as appropriate.

B. Hazardous Waste Storage and Conditional Exemption Requirement:

CESQG's may store Hazardous Waste on-site for a period not to exceed three hundred and sixty-five (365) days, without first obtaining a storage permit as required by Hazardous Waste, § 1.9 of this Part. Hazardous waste may not be stored in containment buildings or drip pads. A CESQG who stores hazardous waste for more than 365 days is an operator of a storage facility and is subject to the § 1.10 of this Part operational requirements for treatment, storage, and disposal facilities requirements, 40 C.F.R. Part 264, and the permit requirements of § 1.9 of this Part.

C. Hazardous Waste Accumulation in Containers:

1. CESQGs may store hazardous waste in containers provided that the generator:

a. Marks the side of containers holding hazardous waste with the date upon which the waste first began to accumulate.

b. Keeps all containers holding hazardous waste closed except when it is necessary to add or remove waste.

c. Opens, handles and stores containers holding hazardous waste in a manner that does not, or is not likely to, cause a spill or release of hazardous waste.

d. Immediately transfers hazardous waste from any and all containers that are not in good condition as a result of physical or chemical forces that have reduced the container's structural integrity, or if they begin to leak, to a container(s) that is in good condition and compatible with the hazardous waste being transferred.

e. Uses containers constructed of, or lined with, a material that is chemically compatible with the hazardous waste placed into the containers, so that the ability of the container to hold the waste is not impaired.

f. Does not place incompatible wastes in the same container unless the mixing is accomplished so that it does not generate extreme heat or pressure, does not initiate a fire, explosion or violent reaction and does not produce uncontrolled toxic mists, fumes, dust or gases and does not damage the structural integrity of the device containing the waste, and that does not threaten human health or the environment through like means.

g. Conducts inspections on a weekly basis of all containers holding hazardous waste for signs of deterioration and or corrosion of the containers and for any signs of leaks or releases of hazardous waste. Generators shall maintain a written record documenting the date and time of each inspection, the person that conducted the inspection and whether any release was identified, container was replaced or repair needed to containment conditions, of the result of each inspection for a period of at least three (3) years.

h. Stores hazardous wastes that when mixed would result in an unintended reaction or are otherwise not compatible in separate containers designed to contain the subject hazardous wastes. Containers holding hazardous wastes shall be stored in separate locations from incompatible wastes or materials present on-site and isolated by a physical barrier (e.g., a dike, berm, or wall) constructed of or lined with a material that is resistant to the hazardous waste stored in the area.

i. Does not place hazardous waste in an unwashed container that previously held an incompatible waste or material, unless the conditions in §1.7.14(C)(1)(f) of this Part are satisfied.

D. Accumulation in Tanks:

CESQGs shall not store hazardous waste in tanks.

E. Labeling:

1. Each accumulation container holding hazardous waste shall be labeled with the following information:

a. The words "Hazardous Waste."

b. The chemical or common name of the waste.

c. Name, address and EPA Identification Number of the generating facility.

2. Each satellite accumulation container shall be labeled in accordance with §1.7.8 of this Part.

F. Personnel Training:

Hazardous Waste training is not required for CESQGs.

G. Notification and Cleanup of Spills or Releases:

a. Name, address, and telephone number of the owner or operator;

b. Name, address, and telephone number of the facility;

c. Date, time, and type of incident (e.g., fire, explosion);

d. Name and quantity of material(s) involved;

e. The extent of injuries, if any;

f. An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

g. Estimated quantity and disposition of recovered material that resulted from the incident.

3. In accordance with the requirements of 40 C.F.R. § 265.56(b) through (h), the generator shall immediately take steps to prevent, contain and/or clean up the spill or release of hazardous waste or material and also remove and properly dispose of any materials contaminated by the spill or release, such as contaminated soil or surface water.

H. Spill Prevention, Response Equipment and Arrangements with Local Authorities:

1. The facility shall be maintained and operated in a manner that minimizes the possibility of a fire, explosion, or any unplanned spill or release of hazardous waste or hazardous waste constituents to the air, soil, or surface waters of the State.

2. Arrangements shall be made or attempted to be made with the appropriate local authorities, in accordance with the requirements of 40 C.F.R. § 265.37.

I. Hazardous Waste Contingency Plan:

1. CESQGs shall not be required to develop a hazardous waste contingency plan provided that they comply with the following requirements:

b. The generator shall post the name and telephone number of the emergency response coordinator, telephone number of the local fire department, DEM (day 401-222-1360, 24-hour 401-222-3070), National Response Center ( 800-424-8802). and the environmental contractor on call to clean up spills next to any and all telephones in the vicinity of the hazardous waste storage area.

2. The emergency response coordinator or his designee shall respond to any emergencies that arise. The required responses are as follows:

a. In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher.

c. Evacuate the facility if necessary.

(1) The name, address and U.S. EPA Identification Number of the generator;

(2) Date, time and type of incident (e.g., spill or fire);

(3) Quantity and type of hazardous waste involved in the incident;

(4) Extent of injuries, if any;

(5) Estimated quantity and disposal of recovered materials, if any.

J. Waste Shipment:

1. CESQGs shall send hazardous waste only to a designated facility. Waste architectural paints can also be brought to a Paint Collection Center or a Community Collection Center.

2. CESQGs may self-transport hazardous waste provided that wastes are delivered directly to a Community Collection Center. CESQG's may also self-transport waste architectural paints to a Paint Collection Center.

3. Wastes not delivered directly to a Paint Collection Center or Community Collection Center must be sent to a designated facility subject to the requirements below:

4. The generator shall not send hazardous waste from the property where it is generated, without preparing a Manifest to accompany the waste, except for self-transport to a Paint Collection Center or Community Collection Center or where 40 C.F.R. § 262.20(f) applies and the transporter complies with 40 C.F.R. §§ 263.30 and 263.31. The generator also shall not offer hazardous waste to a facility that does not have an EPA I.D. Number, or to a hazardous waste transporter that does not have an EPA I.D. Number and a valid RI Hazardous Waste Transporter Permit as indicated by an official decal on each transportation unit. Use of a permitted hazardous waste transporter and use of a transporter with an EPA I.D. number are not required for those transportation situations where 40 C.F.R. § 262.20(f) applies. The following requirements also apply:

b. The generator shall also maintain a copy of the Manifest for his records. All remaining copies shall be turned over to the hazardous waste transporter and shall accompany the waste through the routing indicated by the generator.

c. The generator shall obtain the signature of the initial transporter and date of acceptance of the manifest. A generator shall also instruct the hazardous waste transporter to return the waste or deliver it to an alternate designated facility if he is unable to deliver it to the primary designated facility.

d. For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.

e. For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

f. For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:

(1) The next non-rail transporter, if any; or

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste in the United States if exported by rail.

g. A generator shipping wastes via water or rail shall comply with the provisions of 40 C.F.R. § 263.20(e) or (f).

h. In accordance with 40 C.F.R. § 262.33, before transporting hazardous waste or offering hazardous waste for transportation off-site, a CESQG must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 C.F.R. Part 172 Subpart F.

i. A generator who does not receive a copy of the manifest with the signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

j. A generator must submit an Exception Report to the Department if he has not received a copy of the manifest with the signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery;

(2) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

k. A generator shall designate on the Manifest one designated facility that is permitted to handle the waste described on the Manifest. A generator may also designate on the Manifest one alternate designated facility that is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

l. For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of 40 C.F.R. §§ 264.72(f) or 265.72(f)), the generator must:

(1) Sign either Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(2) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(3) Provide the transporter a copy of the manifest;

(5) Retain at the generator's site a copy of each manifest for at least three years from the date of delivery.

m. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. § 264.72 or 40 C.F.R. § 265.72 may accumulate the returned waste on-site in accordance with the requirements of §1.7.14 of this Part depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:

(1) Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

n. For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of 40 C.F.R. § 264.72(e)(1) through (6) or 40 C.F.R. § 265.72(e)(1) through (6)), the generator must comply with the requirements of above for exception reporting for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of compliance with exception reporting above, for a shipment forwarding such waste to an alternate facility by a designated facility:

(2) The 35/45-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

o. The Director, as he/she deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 C.F.R. Part 261.

p.40 C.F.R. §§ 262.21 and 262.22 [regarding manifest numbers, obtaining and printing manifest and number of copies of manifests] are incorporated by reference.

q. The Department has not adopted the federal exemption from manifesting requirements in 40 C.F.R. § 262.20(e) that allows certain waste, reclaimed under certain contractual agreements.

250 R.I. Code R. 250-RICR-140-10-1.7

Amended effective 4/22/2020