Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Rhode Island generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
in Rhode Island?
2. How do I determine my generator status?
Rhode Island somewhat follows the federal rules for defining generator status, but their classifications are different.LQGs are defined as those persons generating 1,000 kilograms (kg) or more of hazardous waste or more than 1 kg of acutely hazardous waste a month.SQG's, also known as less-than-large generators, are defined as those persons generating less than 1,000 kg of hazardous waste or no more than 1 kg of acutely hazardous waste a month. There is no CESQG classification in Rhode Island.
3. How can I tell if the waste materials I handle are considered
Rhode Island follows the federal rules for defining hazardous wastes.In Rhode Island, "waste" is equivalent to the federal term of "solid waste." Hazardous waste falls under the waste definition. Rhode Island regulates other hazardous wastes, called "Rhode Island Waste," and includes: Type 1AHighly Toxic Waste (R001); Type 1BModerately Toxic Waste (R001); Type 1CSlightly Toxic Waste (R001); Type 2AHighly Reactive Waste (R002); Type 2BModerately Reactive Waste (R002); Type 2CSlightly Reactive Waste (R002); Type 3AHighly Flammable Waste (R003); Type 3BModerately Flammable Waste (R003); Type 3CSlightly Flammable Waste (R003); Type 4Corrosive Waste (R004); Type 5Rhode Island Special Hazardous Waste (R005); and Type 6Extremely hazardous waste (R006).Equivalent testing methods cannot be used to determine if a material is a hazardous waste. Testing must be by an approved method according to federal regulations.
4. How long can I store hazardous wastes on site?
Rhode Island generally follows the federal rules for storing hazardous wastes.LQGs and SQG's are limited to a 90-day on-site accumulation period, and SQG' are required to comply with many of rules that apply to LQGs. LQGs and SQG's that use containers to accumulate hazardous waste for up to 90 days must provide a secondary containment system in accordance with federal regulations.LQGs and SQG's must mark and label every container in accordance with federal regulations. They must also label the side of all hazardous waste containers in accordance with the U.S DOT requirements and includes additional information required by the state. Containers located in satellite accumulation areas are excluded from these specific state requirements.SQG's must comply with most of the on-site hazardous waste storage rules that LQGs have to comply with and also comply with rules for training, preparedness and prevention, contingency plans, and secondary containment for containers. One exception is federal air emission standards, if the SQG does not exceed specified levels.
5. Who can transport and receive the wastes I ship off site?
Rhode Island generally follows the federal rules for shipping hazardous wastes to a TSD.Before applying for a state permit, transporters must obtain an EPA ID number. The responsibility is on the transporter to obtain all required licenses and permits from applicable state and federal agencies before transporting any hazardous or waste. Transporters must apply annually for a permit and pay a permit fee.Transporters must collect a fee for generated hazardous waste and shipped on a hazardous waste manifest. Hazardous waste transporters must submit quarterly reports for all waste that is picked up from generators in Rhode Island on a hazardous waste manifest, and maintain liability insurance, including the hazardous materials rider.Hazardous waste transporters must also meet state requirements for inspections and checklists; contingency plans; manifests; labels and placards; releases; containers; accidents; personal protection; safety equipment; and extremely hazardous waste.
6. What records do I have to keep?
Rhode Island follows the federal rules for recordkeeping.Generators must keep the following records on file for at least three years: Copies 3 and 8 of each manifest; waste automotive oil shipment receipts; biennial reports; waste analysis copies; and copies of any tests and other determinations made regarding the content of the waste.
7. Do I have to file reports?
Rhode Island follows the federal rules for reporting.
8. What training requirements do I have to meet?
Rhode Island follows the federal rules for training.Hazardous waste transporters must meet stricter state training requirements.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Rhode Island these differences include:
The RI waste automotive oil manifest may be used when only waste automotive fuel is being transported. There is room for six waste codes. Federal waste codes should be used first and the remaining space for state codes. State codes R001-R010 are to be used if Federal codes do not apply. The state codes will work on the new Uniform Hazardous Waste Manifest in exactly the same way as they functioned on the previous manifest. State codes R011-R016 are to be used for Fee Exempt waste and should be used in addition to federal waste codes. In the event that the waste carries more than six waste codes, the generator should select the most appropriate codes for use. The transporters, in their quarterly reports, should include all appropriate waste codes, as opposed to just six. Section 14 is available for additional information. This section is meant for special handling requirements or additional information if space in not available in a box. If possible, Rhode Island specific waste codes should be entered in Box #13
Although the new Uniform Hazardous Waste Manifest will have six pages rather than the previous eight, if the waste is generated by or deposited at a facility within the state of Rhode Island, the generator will be required to photocopy the manifest and send it to the Rhode Island DEM at the following address: RI DEM Office of Waste Management, 235 Promenade Street, Providence, Rhode Island 02908. The generator is required to return a copy of the manifest after it is signed by the transporter to DEM within 5 days, as well as mail the destination state's copy to the appropriate agency in the destination state within 5 days (RI Rule 12.030.003-5.03(D)).
Transporters, in their quarterly reports, should include all appropriate waste codes, as opposed to just six.
Other Notes, Comments::
Section 14 is available for additional information. This section is meant for special handling requirements or additional information if space in not available in a box. If possible, Rhode Island specific waste codes should be entered in Box #13. Rhode Island has a special form of manifest for waste automotive oil.
10. What are some other differences between federal and state
Generators have to meet additional manifest requirements.In the event of a spill or release of hazardous waste, generators must immediately notify the Office of Air Resources and provide required information.Hazardous waste generators must pay a hazardous waste generation fees.