250 R.I. Code R. 250-RICR-140-10-1.9

Current through October 15, 2024

Section 250-RICR-140-10-1.9 - Issuance, Renewal and Conditions of Facility Permits

A. Applicability: This rule shall apply to treatment, storage and disposal facilities. This rule does not apply to:

1. Facilities that operate in accordance with the § 1.11 of this Part as temporary transfer and storage facilities.

2. Generators doing exempt treatment (evaporation units, totally enclosed treatment, emergency treatment) as described in §1.7.2(A)(4) of this Part.

3. Generators performing corrective action in accordance with § 1.18 of this Part.

4. Generators treating wastewater in wastewater treatment units described in § 1.9(B)(1)(h) of this Part.

B. Incorporation of 40 C.F.R. Part 270 Federal Regulations regarding Treatment, Storage and Disposal Facilities

1. 40 C.F.R. Part 270 is incorporated by reference in its entirety except as provided below and except as provided in § 1.18 of this Part and except as otherwise noted in these Rhode Island Hazardous Waste Regulations:

a. In 40 C.F.R. § 270.1(b) introduction, revise the third sentence to read "Treatment, storage, and disposal facilities (TSDs) are subject to permitting under RCRA."

b. In the first sentence of 40 C.F.R. § 270.1(c), delete "in 40 C.F.R. Part 261 "and substitute "in these Rhode Island Hazardous Waste Regulations". In the second sentence of 40 C.F.R. § 270.1(c), delete "in §270.2 " and substitute "in these Rhode Island Hazardous Waste Regulations." Also, add after the second sentence "No person shall construct, substantially alter, or operate any hazardous waste management facility, nor shall any person store, treat or dispose of any hazardous waste, except as exempted by these Rhode Island Hazardous Waste Regulations, without first obtaining a permit from the Director for the facility or activity."

c. In 40 C.F.R. § 270.1(c) replace the sentence "Owners and operators of hazardous waste management units shall have permits during the active life (including the closure period) of the unit." with " Owners and operators of hazardous waste management units and all persons who shall construct, substantially alter, or operate hazardous waste treatment, storage or disposal facilities or who shall treat, store or dispose of hazardous waste (except as exempted by these regulations) shall first obtain operating permits from the Director for such activities and shall have permits during the active life (including the closure period) of the units or facilities."

d. Delete 40 C.F.R. § 270.1(c)(1)(iii), 40 C.F.R. §§ 270.1(c)(2)(ii), and 270.1(c)(2)(ix). These exemptions do not apply in Rhode Island. In 40 C.F.R. § 270.1(c)(2)(iii), delete "40 C.F.R. § 261.4 and substitute "those parts of 40 C.F.R. § 261.4 adopted by Rhode Island." In 40 C.F.R. § 270.1(c)(2)(vi), replace "ten days" with "seventy-two hours." Also, add to the end of the provision: "Temporary Transfer and Storage Facilities shall meet the requirements specified in § 1.11 of this Part.

e. In 40 C.F.R. § 270.1(c)(2) add a sub-paragraph "(x) Owners and operators of facilities that accept, treat, and/or store only precious metal bearing waste and do not speculatively accumulate such waste [as defined in 40 C.F.R. § 261.1(c)]. These facilities are subject to the requirements of 40 C.F.R. Part 266 Subpart F."

f. Delete existing language in 40 C.F.R. § 270.1(c)(2)(i) and replace with "Generators who accumulate hazardous waste on-site in accordance with Hazardous Waste Storage Requirements of § 1.7 of this Part.

g. In 40 C.F.R. § 270.1(c)(2)(v) delete existing language and replace with the following: "The owners or operators of elementary neutralization units as defined in 40 C.F.R. § 260.10. Also, the owners and operators of wastewater treatment units provided that all of the following conditions are met for each unit:

(1) The unit receives and treats or stores an influent wastewater that is a hazardous waste or generates and accumulates a wastewater treatment sludge that is a hazardous waste or treats or stores a wastewater treatment sludge that is a 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. The disposal of concentrated hazardous waste down the drain is prohibited.)

(3) The unit is a tank or tank system as defined in 40 C.F.R. § 260.10 (e.g., wastewaters when stored or transported in containers are not covered by the exemption),

(4) the unit has a current ongoing discharge to surface waters or the sewers that is on-site and is subject to regulation under Section 402 or 307(b) of the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5, as amended (e.g., zero discharge units such as evaporators are not covered by this exemption).

(5) The unit has been specifically described in a water permit application (e.g., in a schematic diagram) and specifically referenced in a water permit as being part of the facilities subject to regulation under the Federal Clean Water Act and R.I. Gen. Laws § 46-12-5 (e.g., tanks used to store hazardous wastewaters or sludges not covered by a water permit application and permit are not covered by this exemption). Provided that any sludge or other waste materials generated from an elementary neutralization unit or a wastewater treatment unit shall be managed as a hazardous waste if such sludge or waste material meets the criteria of a hazardous waste. The full Hazardous Waste Regulations apply to such sludge or other waste material when it leaves the exempted elementary neutralization unit or exempted wastewater treatment unit, e.g., when a sludge is stored in containers on-site. For zero discharge units, the hazardous waste requirements apply both to any hazardous wastewaters and to any hazardous sludges, when either is generated."

h. In 40 C.F.R. § 270.1(c)(2) (viii)(C) delete the word "and".

i. Add 40 C.F.R. § 270.1(c)(2) (viii)(E): "Used electronics as described in §1.14.2 of this Part."

j. Add 40 C.F.R. § 270.1(c)(2) (viii)(F): "Silver-containing photo fixing solutions as described in §1.14.3 of this Part.

k. Add as 40 C.F.R. § 270.1(c)(2)(xi): "The re-use, recycling, or reclamation of hazardous waste when exempted from permitting by 40 C.F.R. § 261.6 as incorporated by reference with limitations in the "Hazardous Waste" definition in § 1.5 of this Part.

l. Add as 40 C.F.R. § 270.1(d): "Additional Permit restrictions for landfills and/or incinerators. In addition to the other requirements incorporated by the Rhode Island Hazardous Waste Regulations:

(1) Operating permits will be granted only for those incinerator or landfill facilities that the applicant can show, by a preponderance of evidence, will be located, designed, constructed and operated so as to prevent all of the following:

(AA) Endangerment of an underground drinking water source beyond the facility boundary.

(BB) Endangerment of an aquifer that has been designated as a sole source aquifer.

(CC) Contamination of soil, groundwater, or surface water by discharge by any surface or sub-surface means causing a violation of any Rule or Regulation or standard of any federal or Rhode Island agency.

(2) Operating permits will not be granted for incinerator and/or landfill facilities which are to be located or are located in a one-hundred-year flood plain, a wetland, the direct recharge area of an existing or planned surface or groundwater community water system, the direct recharge area of a sole source aquifer or a coastal high hazard area, an active fault area or critical habitat.

(3) Operating permits will be granted only for those incinerator and/or landfill facilities for which an easement is granted to the state of Rhode Island. This easement shall be recorded in the land evidence records in the city or town where the land is located, shall describe the entire facility, and have as its purposes the identification of the facility and its use as a hazardous waste disposal and/or treatment facility and the allowance of access to the property by the Director for the purpose of inspection, testing and investigations relating to protection of public health and the environment."

m. In 40 C.F.R. § 270.2 delete the definition of "Existing hazardous waste management (HWM) facility or existing facility" and replace with: "Existing hazardous waste management (HWM) facility or existing facility means a hazardous waste management facility that is in operation on or before November 19, 1980."

n. In 40 C.F.R. § 270.2 delete the definition of "New Hazardous Waste Management (HWM) facility or new facility" and replace with: "New Hazardous Waste Management (HWM) facility or new facility means a hazardous waste management facility that began operation after November 19, 1980."

o. In 40 C.F.R. § 270.2"Permit" definition, delete the words "and standardized permit (subpart J of this Part)".

p. In 40 C.F.R. § 270.2 delete the "Standardized permit" definition.

q. Delete 40 C.F.R. § 270.10(a)(5) and (a)(6).

r. Add as 40 C.F.R. § 270.10(c)(1): "The combined application and permit fee shall be twenty-five thousand dollars ($25,000) for the issuance of a new permit and ten thousand dollars ($10,000) for the renewal of a permit. Additional charges, if any, shall be determined by R.I. Gen. Laws § 23-19.1-14, as in effect at the time."

s. Delete 40 C.F.R. § 270.10(e)(1)(iii).

t. In 40 C.F.R. §§ 270.10(f)(1) and 270.10(f)(2), delete the wording "Except as provided in paragraph (f)(3) of this section," and delete 40 C.F.R. § 270.10(f)(3).

u. Delete 40 C.F.R. § 270.10(h)(2).

v. Delete the contents of 40 C.F.R. § 270.10(l). Rhode Island has not adopted the exemption addressed by that federal provision. Instead, add as 270.10(l) the following Rhode Island provision regarding inspections: "Inspections

(1) The Department shall make or cause to be made such inspections, take such tests and samples and make such investigations as it deems necessary at an applicant's facility.

(2) The Department or other designated authorized personnel shall conduct inspections and shall have the right to enter without prior notice to inspect any hazardous waste management facility or proposed hazardous waste management facility for which an application has been received. Any application shall constitute permission for and willingness to comply with inspections, tests and investigations by the Director or his agents.

(3) The Department shall be afforded reasonable opportunity by the applicant to view the facility, examine records, obtain such required information as may be needed for inspection, testing and investigation, including the monitoring of any substances, and requiring the submission of reports. Refusal to allow reasonable inspections, tests or investigations or to submit reports shall constitute valid grounds for denial of a permit."

2. In 40 C.F.R. § 270.13(j) replace the words "listed or designated under 40 C.F.R. Part 261 " with the words ", as defined in § 1.5 of this Part and replace the words "such wastes" with the words "each of such wastes" for all instances.

3. In 40 C.F.R. § 270.13(l) add, after the last sentence, "The facility, at minimum, shall be outlined on a copy of the latest USGS Topographical Map."

4. In 40 C.F.R. § 270.13 add a subparagraph "(o) For privately owned facilities, a list of the direct and indirect owners of the facility whether individual, partnership or corporation. For corporate owned facilities, include all officers, directors, and other persons owning ten percent (10%) or more of the corporate stock."

5. In 40 C.F.R. § 270.13 add a sub-paragraph "(p) A list of all owners of property, including addresses, within 500 feet of the perimeter of the facility."

6. In 40 C.F.R. § 270.13 add a sub-paragraph, "(q) All plans, drawings, and maps shall be stamped by a professional engineer or land surveyor, as appropriate, registered with the State of Rhode Island. All plans, drawings, and maps shall be scaled to fit a standard 24 x 36 inch sheet wherever possible and shall be submitted in duplicate."

7. In 40 C.F.R. § 270.13 add a sub-paragraph, "(r) The EPA Identification Number (I.D. No.) for both facilities covered by the federal I.D. number system and facilities not covered under the federal I.D. number system, shall be obtained from the Department."

8. In 40 C.F.R. § 270.14(b)(4) delete ", or a justification demonstrating the reasons for requesting a waiver of this requirement".

9. In 40 C.F.R. § 270.14(b)(5) delete "264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 265.1086, and 264.1088".

10. Replace 40 C.F.R. § 270.14(b)(6) with "(6) A description of the preparedness and prevention plan, as required by 40 C.F.R. Part 264 Subpart C."

11. In 40 C.F.R. § 270.14(b)(7) delete ", and 264.200". Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island."

12. Delete 40 C.F.R. §§ 270.14(b)(11) (i and ii), 270.230(d)(4), and 270.14(b) (18) (not applicable in Rhode Island).

13. In the 40 C.F.R. § 270.14(b)(19) introduction, replace the words "61.0 meters (200) feet" with the words "30.5 meters (100) feet" and prior to the phrase "The map shall clearly show the following:", add the sentence "The contour interval shall also be sufficient to show patterns of surface drainage within 1000 feet of the perimeter of the facility."

14. In each of 40 C.F.R. § 270.14(b)(19)(ii), (iv), and (xi) add the sentence, "Include all within 1000 feet of the perimeter of the facility." Revise 40 C.F.R. § 270.14(b)(19)(iii) to read "Surface waters including intermittent streams, water courses, and watersheds of public surface water supplies; all within 1000 feet of the perimeter of the facility."

15. In 40 C.F.R. § 270.14(b)(19)(vii) add the phrase, "Also, all property lines within 500 feet of the perimeter of the facility."

16. Revise 40 C.F.R. § 270.14(b)(19)(ix) to read, "On-site wells and off-site public and private drinking water supply wells, within 1000 feet of the perimeter of the facility."

17. In 40 C.F.R. § 270.14(b)(19) add a sub-paragraph, "(xiii) All water lines within 500 feet of the perimeter of the facility."

18. In 40 C.F.R. § 270.14(b) add a sub-paragraph, "(23) For facilities that are not regulated units as defined in 40 C.F.R. § 264.90(a)(2), a groundwater monitoring plan capable of determining the facility's impact on the groundwater in the uppermost aquifer underlying the facility. This plan shall supply information equivalent to that required by 40 C.F.R. §§ 264.90-100 for regulated units. The Director may waive this requirement upon written request of the operator where documented and demonstrated evidence is provided that any leakage or spillage of hazardous waste to the ground will be minimized to the greatest extent possible."

19. In 40 C.F.R. § 270.14(b) add a sub-paragraph, "(24) A description of the manifest handling procedures of the facility."

20. In 40 C.F.R. § 270.14 add a sub-paragraph, "(e) All plans, drawings, and maps shall be stamped by a professional engineer or land surveyor, as appropriate, registered with the State of Rhode Island. All plans, drawings, and maps shall be scaled to fit a standard 24 x 36-inch sheet wherever possible and shall be submitted in duplicate."

21. Delete 40 C.F.R. §§ 270.15(e), 270.16(k), 270.17(j), 270.24, 270.25, and 270.27. Rhode Island is not authorized to administer the referenced regulations under 40 C.F.R. Part 264, subparts AA, BB and CC (RCRA air emissions regulations). Rather, the EPA directly administers the subparts AA, BB and CC regulations in Rhode Island."

22. In 40 C.F.R. § 270.15 add a new sub-paragraph, "(e) Where ignitable or reactive wastes are stored, a description of procedures used to ensure compliance with 40 C.F.R. § 264.176."

23. Delete 40 C.F.R. § 270.22. Rhode Island has not adopted the requirements for boilers and industrial furnaces to which this provision relates. Rather, the EPA directly administers these requirements in Rhode Island.

24. Add the following as the new first paragraph of 40 C.F.R. § 270.30 (to precede the existing.

25. In 40 C.F.R. § 270.30 introductory paragraph): "The permit shall apply only to the facility in operation at the time the permit is issued. Separate permits shall be required for facilities that are located in separate geographic areas even though they are under the same management. Separate permits may be issued for distinct parts of a facility that can be identified as separate units."

26. Add at the end of 40 C.F.R. § 270.30(a)"Whenever the Department determines that a permitted hazardous waste facility is not in compliance with all of the appropriate Rules and Regulations established by the Department, or that the permitted facility is not being operated in conformance with approved plans or permit conditions, it may order the permittee to take whatever corrective action is needed to secure compliance with the Rules and Regulations established by the Department."

27. In 40 C.F.R. § 270.30(g) add the sentence "Any permit issued hereunder shall be the property of the State and loaned to a permittee and shall be maintained on the facility and kept visible."

28. In 40 C.F.R. § 270.30(h) replace "records" with "records and reports"

29. In 40 C.F.R. § 270.30(i)(1), after the word "times", add ", without prior notice,"

30. Add as 40 C.F.R. § 270.30(i)(5): "Perform tests and inspections as the Department deems necessary to determine compliance with permit."

31. At the start of 40 C.F.R. § 270.30(l)(3), after the word "Transfers,." add the sentence: "Prior to a change in ownership of the facility or legal entity operating the facility or location or discontinuance of services, the Director shall be notified." Also, in 40 C.F.R. § 270.30(l)(3) in the second sentence after the word "Director" replace the word "may" with "shall".

32. Add 40 C.F.R. § 270.30(n)"Inspection reports and correction of deficiencies

a. Hazardous waste facilities may be given prompt notice by the Department of deficiencies discovered as a result of an inspection, test or investigation.

b. The permittee, upon notification, shall be responsible to take immediate steps to correct any adverse impact on the environment resulting from noncompliance and shall not have a defense in any legal action that it would have been necessary to halt or reduce operations in order to achieve compliance."

33. In 40 C.F.R. § 270.31 title replace "Requirements for recording and reporting of monitoring results" with "Permit Specifications"

34. Add as 40 C.F.R. § 270.31(d): "All reporting requirements of operational activities."

35. Add as 40 C.F.R. § 270.31(e): "The name and location of the facility."

36. Add as 40 C.F.R. § 270.31(f): "A complete description of the operations at the facility requiring a permit with particular attention paid to any operational limitations and design capacity."

37. Add as 40 C.F.R. § 270.31(g): "A complete description of the hazardous wastes stored and/or treated and/or disposed of at the facility."

38. Add as 40 C.F.R. § 270.33(a)(1)(i): "New facilities shall be in compliance with the Rhode Island Hazardous Waste Regulations prior to receiving an operating permit. Existing facilities may receive a permit prior to compliance with the Rhode Island Hazardous Waste Regulations only in those instances where a compliance schedule is an integral part of the permit."

39. In 40 C.F.R. § 270.40(b) delete from the first sentence "or as a routine change with prior approval under 40 C.F.R. § 124.213." Also, add after the third sentence (after the word "Director."): "The new entity, prior to commencing as owner or operator of the facility, shall also submit to the Director information indicating its technical ability to safely operate the facility, its financial ability to maintain such facility, and any additional information the Director may request. After a review of this information, the Director shall either approve or disapprove the transfer of the permit." Also, add just prior to the fourth sentence (before the word "When"): "If the Director approves of the transfer of the permit, the original permittee shall remain fully liable under the terms of the permit and under the requirements of the Rhode Island Hazardous Waste Regulations until the Director has transferred the operating permit to the new owner or operator."

40. Change title of 40 C.F.R. § 270.41 to "Modification or revocation and reissuance or suspension of permits."

41. In 40 C.F.R. § 270.41(a)(2) add as a new ending sentence "This shall include any information indicating the cumulative effects on the environment are unacceptable."

42. Delete 40 C.F.R. § 270.41(b)(3).

43. Add 40 C.F.R. § 270.41(d): "Causes for suspension. The following is cause to suspend a permit: Cause exists for termination under 40 C.F.R. § 270.43 and the Director determines that suspension is appropriate.

44. Revise 40 C.F.R. § 270.43(a)(2) to read "The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time, or that there had been a conviction or plea, relative to a crime committed, as set forth in R.I. Gen. Laws § 23-19.1-10(p) and (d-f); or".

45. Add as 40 C.F.R. § 270.43(a)(4): "Refusal to allow reasonable inspections, tests or investigations or to submit reports shall constitute valid grounds for denial or revocation of a permit".

46. Add as 40 C.F.R. § 270.43(a)(5): "the permittee's offering, conferring or agreeing to confer any benefit to induce any other person to violate the provisions of the "Rhode Island Hazardous Waste Management Act", or the provisions of these Rhode Island Hazardous Waste Regulations, or the provisions of any other law, rule or regulation relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste, per R.I. Gen. Laws § 23-19.1-10(p)(3)(ii)." Add as 40 C.F.R. § 270.43(a)(6): "The permittee's coercion of a customer by violence or economic reprisal or threat to deny a customer the use of the permittee's services, per R.I. Gen. Laws § 23-19.1-10(p)(3)(iii)."

47. Add as 40 C.F.R. § 270.43(a)(7): "The permittee's preventing, without the Director's authorization, any transporter or other permittee from delivering solid waste or hazardous waste to its facility or to another licensed Treatment, storage, or disposal facility, per R.I. Gen. Laws § 23-19.1-10(p) (3)(iv)."

48. Add as 40 C.F.R. § 270.43(c): "Change in location of the facility. A permit shall immediately become void and shall be returned to the Director upon change in facility location."

49. Add as 40 C.F.R. § 270.43(d): "A permit shall immediately become void and shall be returned to the Director upon the sale of the facility or change in ownership of the legal entity operating the facility, unless the change has been approved by the Director under 40 C.F.R. § 270.40."

50. Add as 40 C.F.R. § 270.43(e): "Per R.I. Gen. Laws § 23-19.1-10(k), the permittee may appeal the Director's decision to revoke his permit, subject to the "Rules and Regulations for the Administrative Adjudication Division" (Part 10-00-1 of this Title). Such appeal shall be in writing and shall be filed with the clerk of the AAD within fifteen (15) calendar days of the permittee's receipt of the notice of revocation of the permit. The appeal shall be heard before an AAD hearing officer.

51. Replace 40 C.F.R. § 270.50(a)-(d) with "Permits for hazardous waste facilities shall be issued for a period not to exceed five (5) years from the date of expiration of the expiring permit and may be extended or renewed by the Director for a period not to exceed ten (10) years from the date upon which the original permit was effective. A new permit is required at the end of the ten-year period and a complete application for that permit shall be received prior to 180 days from the expiration date of the present permit."

52. In 40 C.F.R. § 270.51"Continuation of expiring permits", replace the text of 40 C.F.R. § 270.51 with the following: "Relative to expiring permits, a "timely" application is one that is submitted more than 180 days prior to the permit expiration date. If a permittee has submitted a timely and complete renewal application (for the renewal of a five (5) year expiring permit) or a timely and complete new application (required every ten years of operation), then the terms and conditions of the expiring RCRA permit continue in force beyond the expiration date of the existing permit, if required during the permitting process, but only until the effective date of the State's issuance or denial of the RCRA permit currently applied for. Otherwise, the terms and conditions of the expiring RCRA permit do not continue in force beyond its expiration date and the permit to operate shall be considered to be expired."

53. Add as 40 C.F.R. § 270.52 "Renewal of permits. This section applies to the renewal of permits at the end of their initial five-year terms, for an additional five years. Permits reissued to existing facilities at the end of prior permits' full ten-year terms are considered new permits and comply with the requirements for new permits set forth elsewhere in these regulations.

a. The Office of Land Revitalization and Sustainable Materials Management shall hold a public comment period and hearing, prior to renewal of any permit.

b. Within fifteen (15) days following the preparation of a draft renewal permit, the Office of Land Revitalization and Sustainable Materials Management shall give notice of the preparation of a draft renewal permit and a public comment period and hearing. Any changes in permit conditions shall be described in the notice. Such notice shall be published in a newspaper of general circulation in the area affected, and shall also be sent by mail directed to the last known address of the following persons (any person otherwise entitled to receive such notice may waive his or her right to receive the notice): the applicant, all persons requesting such notification in writing, all property owners within five hundred feet (500') of the perimeter of the site of the facility, and the city or town where the hazardous waste management facility is located, including the mayor or town manager and the city or town council president, EPA, federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation and State Historical Preservation Officers. The list of property owners within five hundred feet of the site shall be provided by the applicant to the Office of Land Revitalization and Sustainable Materials Management. The notice shall include the beginning and ending dates for the comment period, the address where comments will be received, and the name and telephone number of a person to contact for further information.

c. No earlier than sixty (60) days nor later than seventy-five (75) days following the public notice of the preparation of a draft renewal permit, a hearing shall be held to receive public comment. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, that also shall be considered part of the record, may be submitted at least thirty days prior to the public comment hearing and until thirty (30) days following the close of the public comment hearing that shall constitute the public comment period.

d. Within ninety (90) days after the close of the public comment period, the Office of Land Revitalization and Sustainable Materials Management shall issue or deny the renewal permit. The renewal permit (including any changes in permit conditions) or denial shall be in writing and shall be accompanied by a response to each substantive public comment. In the case of a denial, the Office of Land Revitalization and Sustainable Materials Management will cite each statutory or regulatory requirement that the applicant did not satisfy. Renewal permits shall be issued only upon a showing that the applicant meets conditions regarding proof of financial assurance, evidence of adequate liability insurance, and the other conditions as required by these regulations. The renewal permit or the denial shall be sent to the applicant and a copy of the same shall be sent to the municipality where the facility or proposed facility is located or proposed to be located. Notice of the permit decision shall also be sent to each person who submitted written comments or requested notice of the final permit decision, and a copy of the renewal permit or denial shall be sent to such persons, upon request.

e. If the decision of the Office of Land Revitalization and Sustainable Materials Management is to deny the renewal permit, the permittee, as per R.I. Gen. Laws § 23-19.1-10(k), may appeal this decision to the Department's Administrative Adjudication Division (AAD), subject to "Rules and Regulations for the Administrative Adjudication Division" (Part 10-00-1 of this Title). Such appeal shall be in writing and shall be filed with the clerk of AAD within fifteen (15) calendar days of the permittee's receipt of the notice of denial of the renewal permit. The appeal shall be heard before an AAD hearing officer.

54. Delete 40 C.F.R. § 270.60(a) wording and replace it with "Ocean disposal of hazardous waste is prohibited in Rhode Island and therefore is not eligible for a permit."

55. In 40 C.F.R. § 270.60(b)(1) change "Has a Permit for underground injection" to "Has been issued a permit by the Department's Underground Injection Control Program for a remediation overseen by the Department".

56. Delete 40 C.F.R. §§ 270.63, 270.64, 270.65, 270.66, 270.67, 270 Subpart I, and 270 Subpart J. The reduced requirements referenced by these regulations have not been adopted by Rhode Island.

57. Add to 40 C.F.R. § 270.72(a)(1) after the word "disposal" the phrase "and if the Director approves such application".

58. In 40 C.F.R. § 270.72(a)(4) add after the first sentence (after the word "change.") "The new entity, prior to commencing as owner of operator of the facility, shall also submit to the Director information indicating its technical ability to safely operate the facility, its financial ability to maintain such facility, and any additional information the Director may request. After a review of this information, the Director shall either approve or disapprove the transfer of the permit."

59. Delete 40 C.F.R. § 270.42(l).

C. Incorporation of 40 C.F.R. Part 124 Federal Regulations regarding Treatment, Storage and Disposal Facilities - 40 C.F.R. Part 124 is incorporated by reference in its entirety except as provided below: These regulations apply to the issuance of new permits, including permits issued to existing facilities at the end of prior permits' full ten-year terms. Procedures for the renewal of permits at the end of their initial five-year terms, for an additional five years, are specified in 40 C.F.R. § 270.52 of these regulations.

1. Delete 40 C.F.R. §§ 124.1, 124.2, 124.4, 124.7, 124.9, 124.13, 124.14, 124. 16, 124.18, 124.20, 124.21, and 124 Subparts C - D. These provisions do not apply to RCRA and/or to State programs. Also delete 40 C.F.R. Part 124 Subpart G. Rhode Island has not adopted the reduced standardized permit requirements of Subpart G.

2. Delete 40 C.F.R. § 124.3 and replace with the following: "40 C.F.R. § 124.3 Application for a permit

a. Application Requirements

(1) Any person who requires a permit under the RCRA program shall complete, sign, and submit to the Director an application for each permit required under 40 C.F.R. § 270.1. Applications are not required for POTW RCRA permits by rule (40 C.F.R. § 270.60).

(2) The Director shall not begin the processing of a permit until the applicant has fully complied with the application requirements. See 40 C.F.R. §§ 270.10, 270.13, and 270.14.

(3) Permit applications shall comply with the signature and certification requirements of 40 C.F.R. § 270.11.

(4) Upon receipt of a permit application for a new facility, the Director shall notify the chief executive officer and the city or town council president of the municipality where the facility is proposed to be located of the receipt of such application."

(5) The Director shall review the application for completeness. Upon completing the review, the Director shall notify the applicant in writing as to whether or not the application is complete. For any application deemed deficient, the Director shall provide a statement of the deficiencies, listing the information needed to make the application complete. After the application is completed, the Director may request additional information needed to clarify, modify, or supplement previously submitted information.

(6) If the applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken.

3. Delete 40 C.F.R. § 124.5 and replace with the following: "40 C.F.R. § 124.5 Modification, revocation and reissuance, suspension, or termination of permits.

a. Permits may by modified, revoked and reissued, suspended, or terminated either at the request of any interested person (including the permittee) or upon the Director's initiative. However, permits may only be modified, revoked and reissued, suspended, or terminated for the reasons specified in 40 C.F.R. § 270.41 (except for 40 C.F.R. §§ 270.41(b)(3)) and 270.43 (as adopted and revised by these Regulations). All requests shall be in writing and shall contain facts or reasons supporting the request.

b. If the Director decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and re-issuance, suspension, or termination are not subject to public notice, public comment, or public hearings. Such denials may be appealed by requesting a hearing with the Department's Administrative Adjudication Division (AAD).

c. Modification, Revocation and Re-issuance

(1) If the Director tentatively decides to modify or revoke and reissue a permit under 40 C.F.R. § 270.41 (other than under 40 C.F.R. §§ 270.41(b)(3)) or 270.42(c), he or she shall prepare a draft permit under 40 C.F.R. § 124.6 incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Director shall require the submission of a new application.

(2) In a permit modification under this Part, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this Rule, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance preceding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(3) Class 1 and 2 modifications as defined in 40 C.F.R. § 270.42(a) and (b) are not subject to the requirements of this rule.

d. If the Director tentatively decides to terminate or suspend a permit under 40 C.F.R. §§ 270.43 or 270.41(d), he or she shall issue a written notice of intent to terminate or suspend. A notice of intent to terminate or suspend is considered a type of draft permit that follows the same procedures as any other draft permit prepared under 40 C.F.R. § 124.6."

4. Delete 124.6 and replace with the following: "40 C.F.R. § 124.6 Draft permits and application denials

a. Once an application is complete, the Director shall tentatively decide whether to prepare and issue a draft permit or to deny the application. A draft permit shall not be issued nor shall public notice of a draft permit be issued if the application is incomplete. A permit application may also be denied for causes provided in R.I. Gen. Laws § 23-19.1-10(c) - (j) and (m), unless conditions in R.I. Gen Laws § 23-19.1-10(l) are satisfied.

b. If the Director tentatively decides to deny the permit application, he or she shall issue to the applicant a notice of intent to deny the application. A notice of intent to deny the application is considered a type of draft permit that follows the same procedures as any other draft permit prepared under 40 C.F.R. § 124.6. If the Director's final decision (40 C.F.R. § 124.15) is that the tentative decision to deny the permit application is correct, that such final decision may be appealed by requesting a hearing with the Department's Administrative Adjudication Division ("AAD") under 40 C.F.R. § 124.19. If the Director's final decision (40 C.F.R. § 124.15) is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under § 1.12(C)(4)(c) of this Part.

c. If the Director decides to prepare and issue a draft permit, he or she shall prepare and issue to the applicant a draft permit that contains the following information:

(1) All conditions under 40 C.F.R. §§ 270.30 and 270.32.

(2) All compliance schedules under 40 C.F.R. § 270.33.

(3) All monitoring requirements under 40 C.F.R. § 270.31; and

(4) Standards for treatment, storage, and/or disposal facilities and other preconditions under 40 C.F.R. § 270.30.

d. All draft permits shall be accompanied by a fact sheet required under 40 C.F.R. § 124.8 and shall be publicly noticed (40 C.F.R. § 124.10) and made available for public comment (40 C.F.R. § 124.11). The Director shall give notice of a public informational workshop (40 C.F.R. § 124.8) and public comment hearing (40 C.F.R. § 124.12), issue a final decision (40 C.F.R. § 124.15) and respond to public comments (40 C.F.R. § 124.17). An appeal may be taken under 40 C.F.R. § 124.19."

5. Delete 40 C.F.R. § 124.8 and replace with: "40 C.F.R. § 124.8 Informational workshop and fact sheet.

a. Within fifteen (15) days after the date of the public notice of issuing the draft permit, the Office of Land Revitalization and Sustainable Materials Management shall hold an informational workshop. The purpose of the informational workshop shall be to discuss the type of facility or activity that is the subject of the draft permit or the intent to deny the application; the type and quantity of wastes that are proposed to be managed, processed and/or disposed; a brief summary for the basis for the draft permit or the intent to deny the application; proposed permit conditions, including references to applicable statutory or regulatory provisions; reasons why any requested variances or alternatives to required standards do or do not appear justified; a description of the procedures for reaching a final decision on the draft permit or the intent to deny the application, that shall include the beginning and ending dates for the comment period hereafter, the address where comments will be received, the nature of the public comment hearing, and any other procedures by which the public may participate in the final decision; and the name and telephone number of a person to contact for further information.

b. A fact sheet containing the information in 40 C.F.R. § 124.8(a) shall be provided to the applicant and to any other requesting person."

6. Delete 40 C.F.R. § 124.10 and replace with: "40 C.F.R. § 124.10 Public notice of permit actions, informational workshop, public hearing, and public comment period.

a. Scope:

(1) The Director shall give public notice that the following actions have occurred:

(AA) A permit application has been tentatively denied under 40 C.F.R. § 124.6(b);

(BB) A draft permit has been prepared and issued under 40 C.F.R. § 124.6(c);

(CC) An informational workshop and public comment hearing under 40 C.F.R. §§ 124.8 and 124.12 respectively have been scheduled.

b. Timing:

(1) Public notice of the preparation and issuance of a draft permit or its tentative denial shall allow at least sixty (60) days for public comment; at least thirty (30) days prior to the public comment hearing and thirty (30) days following the close of the public comment hearing, that shall constitute the public comment period.

(2) Public notice of the informational workshop, public comment period, and public hearing shall be given following the issuance of the draft permit or notice of intent to deny the application. The date of the public notice shall be no more than fifteen (15) days prior to the holding of the informational workshop and shall be sixty (60) to seventy-five (75) days prior to the holding of the public comment hearing.

c. Methods:

(1) Public notice of activities described in paragraph § 1.9(A)(7)(a) ((1)) of this Part shall be given by the following methods:

(AA) By mailing a copy of the written notice to the last known address of the following persons (any person otherwise entitled to receive a notice under this paragraph may waive his or her rights to receive this notice) - The applicant; EPA; Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation and State Historical Preservation Officers; Persons on a mailing list developed by including those who request to be on the list, soliciting persons for "area lists" from participants in past permit proceedings in that area and notifying the public of the opportunity to be put on the mailing list through periodic publication in a newspaper of general circulation and via other means that the Department decides to employ; All property owners within five hundred (500) feet of the perimeter of the facility's site. This list of owners shall be provided by the applicant to the Office of Land Revitalization and Sustainable Materials Management; The city or town where the facility is located, including the mayor or town manager and the town or city council president.

(BB) By publication of a legal notice in a daily or weekly newspaper of general circulation in the area affected and by broadcast over local radio stations.

d. Contents:

(1) All public notices shall contain the following minimum information:

(AA) Name and address of the Office processing the permit action for which public notice is being given;

(BB) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(CC) A brief description of the operations conducted at the facility or activity described in the permit application or draft permit;

(DD) Name, address and telephone number of a Department person from whom interested persons may obtain further information, relative to the draft permit or notice of intent to deny the application, the fact sheet, and the permit application;

(EE) A brief description of the comment procedures required by 40 C.F.R. §§ 124.11 and 124.12, the date, time and place of the informational workshop and public comment hearing, and other procedures by which the public may participate in the final permit decision;

(FF) Reference to the date(s) of any previous public notice(s) relating to the permit;

(GG) A brief description of the nature and purpose of the informational workshop and public comment hearing, including the applicable rules and procedures.

e. In addition to the public notice described in paragraph § 1.10(A)(6)(d) of this Part, the Department shall make available to the public the fact sheet required by 40 C.F.R. § 124.8, the permit application, and the draft permit or notice of intent to deny the application and shall notify the persons listed in paragraph § 1.9(A)(6)(c) ((1)) of this Part that this information is available to them."

7. Delete 40 C.F.R. § 124.11 and replace with the following:

a. "40 C.F.R. § 124.11 Public comments.

b. During the public comment period provided under 40 C.F.R. § 124.10, any interested person may submit written comments on the draft permit. All written comments shall be considered and made part of the record of public comment, along with a transcript of oral comments made at the public hearing. All comments shall be considered in making the final decision and shall be answered as provided in 40 C.F.R. § 124.17."

8. Delete 40 C.F.R. § 124.12 and replace with the following: "40 C.F.R. § 124.12 Public hearings.

a. The Director shall hold a public comment hearing for each draft permit prepared. Public notice of the hearing shall be given as specified in 40 C.F.R. § 124.10.

b. Any person may submit oral or written statements and data concerning the draft permit.

c. Comments from the applicant and/or any other interested person shall be recorded at the hearing. A tape recording or written transcript of the hearing shall be made available to the public."

9. Delete 40 C.F.R. § 124.15 and replace with the following: "40 C.F.R. § 124.15 Issuance or denial of permit or acceptance or denial of application Within ninety (90) days after the close of the public comment period, the Director shall issue or deny the permit or accept or deny the application, as appropriate. The permit or denial of the permit or acceptance or denial of the application, as appropriate, shall be in writing and shall be accompanied by a response to each substantive public comment. In the case of a denial, the Director will cite each statutory or regulatory requirement that the applicant did not satisfy. Permits shall be issued only with conditions including proof of financial responsibility (to include, per 40 C.F.R. Part 264 Subpart H, financial assurance for closure (and post-closure, if applicable) and liability coverage) and such other conditions as required by these regulations. The permit or its denial, or the acceptance or denial of the application, as appropriate, shall be sent to the applicant and a copy of the same shall be sent to the municipality where the facility or proposed facility is located or proposed to be located. Notice of the permit or application decision shall also be sent to each person who submitted written comments or requested notice of the final permit decision, and a copy of the permit shall be sent to such persons upon request."

10. Delete 40 C.F.R. § 124.17 and replace with the following: "40 C.F.R. § 124.17 Response to public comments."

a. At the time that any final permit decision is issued under 40 C.F.R. § 124.15, the Director shall issue a response to public comments. The response shall:

(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change(s); and

(2) Briefly describe and respond to all significant public comments raised during the public comment period or during the hearing.

b. The response to public comments shall be made available to the public."

11. Delete 40 C.F.R. § 124.19 and replace with:

a. "40 C.F.R. § 124.19 Appeal of permit and application decisions

b. Any interested person, as per R.I. Gen Laws § 23-19.1-10(b)(5), may appeal the decision of the Office of Land Revitalization and Sustainable Materials Management to the Department's Administrative Adjudication Division ("AAD"), subject to "Rules and Regulations for the Administrative Adjudication Division" (Part 10-00-1 of this Title) and subject to conditions in R.I. Gen. Laws §§ 23-19.1-10(b)(6) and (b)(7). All appeals shall be in writing and shall be filed with the clerk of the AAD within thirty (30) calendar days of receipt of notice of the contested permitting action, except that any permittee who receives a notice of intent to revoke a permit or deny a renewal permit shall have fifteen (15) days from the receipt of this notice to submit a written appeal to the clerk of the AAD, per R.I. Gen. Laws § 23-19.1-10(k). All appeals shall be heard before AAD hearing officers."

12. Delete 40 C.F.R. § 124.31 and replace with the following: "40 C.F.R. § 124.31 Pre-application public meeting and notice."

a. Applicability: The requirements of this rule shall apply to all applicants seeking initial permits for hazardous waste management facilities, and shall also apply to those applicants seeking a new permit (i.e., every ten years). The requirements of this rule shall also apply to applicants seeking renewal of permits for such facilities, i.e., after five years of operation with an existing permit, only if the renewal application is proposing a significant change in facility operations. For the purposes of this rule, a "significant change" is any change that would qualify as a class 3 permit modification under 40 C.F.R. § 270.42. The requirements of this rule do not apply to permit modifications under 40 C.F.R. § 270.42 (public notice requirements for those modifications are detailed in 40 C.F.R. § 270.42) or to applications that are submitted for the sole purpose of conducting post closure activities or post-closure activities and corrective action at a facility.

b. Prior to the submission of a permit application for a hazardous waste management facility, the applicant shall hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

c. The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph § 1.9(A)(12)(b) of this Part, and copies of any written comments or materials submitted at the meeting, to the Department.

d. The applicant shall provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the permitting agency upon request, documentation of the notice.

(1) The applicant shall provide public notice in all of the following forms: A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph § 1.9(A)(12) (d) ((2)) of this Part, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Director determines that such publication is necessary to inform the affected public. The notice shall be published as a display advertisement; A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph § 1.9(A)(12)(d) ((2)) of this Part. If the applicant places the sign on the facility property, then the sign shall be large enough to be readable from the nearest point where the public would pass by the site; A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph § 1.9(A)(12)(d) ((2)) of this Part, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Director; A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate local government unit, in accordance with 40 C.F.R. § 124.10(c)(1)(vi).

(2) The notices required under paragraph § 1.9(A)(12)(d) ((1)) of this Part shall include: The date, time, and location of the meeting; A brief description of the purpose of the meeting; A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location; A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and The name, address, and telephone number of a contact person for the applicant."

13. Delete 40 C.F.R. § 124.32 and replace with the following: "40 C.F.R. § 124.32 Public notice requirements at the application stage.

a. Applicability. The requirements of this rule shall apply to all applicants seeking initial permits for hazardous waste management facilities and shall also apply to those applicants seeking a new permit (i.e. every ten years). The requirements of this rule shall also apply to applicants seeking renewal of hazardous waste management facility permits, i.e., after five years of operation with an existing permit, only if the renewal application is proposing a significant change in facility operations. For the purposes of this rule, a "significant change" is any change that would qualify as a class 3 permit modification under 40 C.F.R. § 270.42. The requirements of this rule do not apply to permit modifications under 40 C.F.R. § 270.42 (public notice requirements for those modifications are detailed in 40 C.F.R. § 270.42) or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

b. Notification at application submittal.

(1) The Director shall provide public notice as set forth in 40 C.F.R. § 124.10(c)(1)(iv) and (v), and notice to appropriate units of State and local government as set forth in 40 C.F.R. § 124.10(c)(1)(vi), that a permit application has been submitted to the Agency and is available for review.

(2) The notice shall be published within a reasonable period of time after the application is received by the Director. The notice shall include: The name and telephone number of the applicant's contact person; The name and telephone number of the permitting agency's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process; an address to which people can write in order to be put on the facility mailing list; The location where copies of the permit application and any supporting documents can be viewed and copied; A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and The date that the application was submitted.

c. Concurrent with the notice required under 40 C.F.R. § 124.32(b) of this subpart, the Director shall place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department's office."

14. Delete 40 C.F.R. § 124.33 and replace with the following: "40 C.F.R. § 124.33 Information repository.

a. Applicability. The requirements of this rule apply to all applications seeking initial permits, renewal permits (i.e., after five years of operation under an existing permit), and new permits (every ten years) for hazardous waste management facilities.

b. The Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it shall establish and maintain an information repository. (See 40 C.F.R. § 270.30(m) for similar provisions relating to the information repository during the life of a permit).

c. The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.

d. The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Director shall specify a more appropriate site.

e. The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

f. The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the factors in paragraph § 1.9(A)(14)(b) of this Part.

250 R.I. Code R. 250-RICR-140-10-1.9

Amended effective 4/22/2020