Header:
CODE OF RHODE ISLAND RULES
AGENCY 12. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SUB-AGENCY 030. OFFICE OF WASTE MANAGEMENT
CHAPTER 003. HAZARDOUS WASTE MANAGEMENT
Date:
08/31/2009
Document:
12 030 003. HAZARDOUS WASTE MANAGEMENT
6.1 Permit Requirements
A. No person shall transport any hazardous wastes, used oil or Septage, but not including precious metal bearing wastes, in or on the land or waters of the state unless such person shall first have obtained a Hazardous Waste, used oil, or Septage Transporter Permit or temporary permit (as applicable) from the Director. However, this rule shall not apply to the following activities:
1. The transportation of sewage sludge being produced at publicly owned or privately owned treatment plants, except where the sludge fails EPA's characteristics for hazardous waste as defined in Subpart C of 40 CFR 261.
2. The use of non-permitted vehicles to collect and transport hazardous waste or used oil in emergency situations which present a threat to public health and safety. In the event of an emergency situation, the Department shall be immediately notified of each vehicle used for the cleanup and transportation of hazardous waste. After the notification, all collected hazardous waste or used oil must be managed in accordance with the Department's rules and regulations.
3. The transportation of animal waste produced at farms.
4. A transporter transporting household refuse, unless he has cause to believe that the household refuse contains hazardous waste.
5. The use of non-permitted vehicles to transport less than one liter of hazardous waste derived solely as a by-product of sampling activities.
6. The use of non-permitted vehicles to transport hazardous waste for situations that satisfy 40 CFR 262.20(f).
7. The transportation of any hazardous waste defined as a universal waste, per Rule 3.0, and being managed as a universal waste.
8. The transportation of waste military munitions (as defined in 40 CFR 266.201 and 266.202) that satisfy the conditions of 40 CFR 266.203.
9. The transportation of 55 gallons or less of for PCB contaminated waste that does not otherwise meet the definition of hazardous waste, generated at a field service location by a public utility to a generator-owned location that has an existing US EPA Identification Number for the generation of hazardous waste.
B. For transporter permits, an application fee of $ 100.00 per transportation unit shall be paid by the hazardous waste, used oil or Septage transporter. An application fee of $ 50 per transportation unit shall be paid by a transporter of Septage that is generated in marine vessels. For transporter temporary permits, an application fee of $ 25 per transportation unit shall be paid by the hazardous waste, used oil or Septage transporter.
C. The hazardous waste, used oil or Septage transporter's permit will be issued for a period not to exceed one year.
D. The hazardous waste, used oil or Septage transporter's temporary permit will be issued for a period not to exceed thirty-one days.
E. The permit or temporary permit will be granted or renewed only for those hazardous waste, used oil or Septage transportation units which are listed on the permit application and which pass self inspection. A permit sticker, or temporary permit sticker, as appropriate, will be issued for each transportation unit which passes the inspection. This sticker is not transferable to any other transportation units. The transporter must maintain his permitted transportation units in compliance with inspection requirements, per Rule 6.7, at all times. The Department reserves all rights to conduct inspections by Department personnel to verify and ensure compliance with regulatory requirements.
F. A permitted hazardous waste transporter may also transport shipments of used oil in accordance with the requirements of Regulation 15.0.
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6.3 General Requirements
A. It shall be the responsibility of the hazardous waste transporter to obtain all other required licenses and permits from other state and federal agencies prior to transporting any hazardous waste.
B. The transporter is prohibited from transporting extremely hazardous waste (waste bearing the code R006 under item 13 of the Manifest), on the following roads:
C. The roads on which the transportation of extremely hazardous waste is prohibited as listed in Regulation 6.3 (B) shall be posted conspicuously in the cab of each vehicle registered to the permittee.
D. Extremely hazardous waste that is generated on roads on which the transportation of extremely hazardous waste is prohibited may be transported on these roads with prior permission of the Director.
E. In the event of a spill of hazardous waste by the transporter, he shall notify the Department immediately of the spill. In all cases of spills, the transporter shall immediately take steps to contain and clean up the hazardous waste.
F. The transporter shall submit to the Department as part of the application the following:
1. A description of the procedures that shall be employed by the transporter, pursuant to Rule 6.8, in responding to spills or other emergency situations that could arise during transporters' operations. Specific references shall be made to:
(a) the training or instruction that the hazardous waste transporter personnel shall receive,
(b) the emergency and safety equipment required to be on the transportation unit at all times, and
(c) the arrangements for emergency services.
2. A description of the absorbent material to be used for the cleanup of liquids.
G. The transporter of hazardous wastes which are received in Rhode Island or which are destined for delivery to hazardous waste management facilities within Rhode Island shall not accept these wastes unless the containers of these wastes are labeled in accordance with Rule 5.4 of these rules and regulations.
H. The transporting vehicle shall be marked on both sides and the back with the name and permit number of the transporter. These markings shall be painted on the vehicle in permanent contrasting colors and shall be visible and legible from a distance of 50 feet (marking size shall be no less than three inches in height). The official waste transporter sticker(s) provided by the Department shall be kept clean and legible.
I. Transporters of hazardous wastes into the United States or who mix wastes of different USDOT descriptions into a single container must comply with all generator rules and regulations.
J. Hazardous waste transporters who deliver hazardous wastes to other hazardous waste transporters must comply with the provisions of 40 CFR 263.20 (d).
K. Transporters of hazardous wastes to foreign countries must comply with 40 CFR 263.20 (g).
L. These rules and regulations as applied to transporters of hazardous waste by water (bulk shipment) are modified by 40 CFR 263.20 (e) and 40 CFR 263.22 (b).
M. These rules and regulations as applied to transporters of hazardous wastes by rail are modified by 40 CFR 263.20 (f) and 40 CFR 263.22 (c).
N. Transporters hauling Septage shall maintain records indicating the source and estimated volume of Septage picked up, the date of shipment, and the receiving publicly owned treatment works (POTW). All Septage must be delivered to a properly licensed POTW for disposal, unless the Department has given written permission for an alternate method of disposal.
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6.8 Safety, Accidents
A. Hazardous waste transporters shall be equipped with such safety equipment as to minimize chance of fire and explosion and to protect the health and safety of personnel associated with the transportation of hazardous waste and any other person who might come into contact with the waste.
B. The transporter shall have safety equipment available for use during spills, fires and other emergencies, including a suitable means of communication for summoning aid in an emergency. The transporter shall have and maintain, but not be limited to, the following safety equipment:
1. Protective clothing and equipment to enable personnel associated with the transportation to work safely with the wastes that are accepted by the transporter.
2. One eyewash apparatus (at least one pint) per vehicle which is readily available in case of emergency.
3. First-aid supplies which are readily available in case of emergency.
4. Absorbent Material.
5. Fire Extinguisher.
6. Shovel.
C. The transporter shall make provisions for prompt control of fires, spills and other emergencies.
1. The transporter shall prepare procedures for personnel to follow in the case of spills of hazardous waste or Septage and in the case of fire and other emergencies. The transporter shall post these procedures in a conspicuous place in their transportation unit. In addition, the hazardous waste transporter shall train and instruct personnel associated with the transportation of hazardous waste in these procedures. The hazardous waste transporter shall maintain records of the training and instruction programs that are held.
2. The transporter shall collect hazardous waste or Septage that is accidentally discharged from a designated hazardous waste or Septage vehicle. The transporter shall collect soil contaminated by such discharge. Such collection shall be as rapid and thorough as possible. The hazardous waste transporter shall handle and dispose of such waste and soil in compliance with these rules and regulations.
3. The transporter shall report immediately to the Rhode Island Department of Environmental Management all accidental discharges/spills of hazardous wastes or Septage or any other incident or accident which results or could result in a hazard to the public health and safety, or to the environment within the State of Rhode Island. The hazardous waste transporter shall also comply with the notification procedures and incident reports required by 49 CFR 171.15 and 171.16 regarding accidental discharge or spillage of hazardous materials or wastes. The Director may require that a written report of the incident or accident be provided to him.
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6.14 Temporary Storage of Waste by Transporters and Temporary Transfer and Storage Facilities Paragraphs A-B apply to transporters that temporarily store wastes in their vehicles and Paragraphs C - W apply to temporary transfer and storage facilities.
A. A permitted transporter of hazardous waste may store such waste in their vehicle at their business location, without the business having a Hazardous Waste Temporary Transfer and Storage Facility Letter of Authorization, for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, provided the following conditions are met:
1. No waste is loaded onto or unloaded from the vehicle, even for the purpose of consolidation of loads.
2. the site and vehicle are secured to prevent unauthorized access.
B. Temporary storage of hazardous waste or used oil in the transporting vehicle at the location of a breakdown of the vehicle will only be allowed if the transporter notifies the Department of the location of the vehicle and the estimated time for repairs.
C. Applicability. This Rule applies to facilities that temporarily transfer and store hazardous waste at locations for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, at locations included on the application. This Rule does not apply to waste that is received from offsite by a utility that is exempt under Rule 6.1(A)(9).
D. Authorization Requirements. All persons who shall construct, operate or own a temporary transfer and storage facility shall first submit a complete application to the Office of Waste Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.
E. Closure Plan and Financial Requirements. Owners or operators of a temporary transfer and storage facility shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an Application for Authorization as defined below, Owners or operators shall document their financial ability to complete the closure plan by providing financial assurance equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.
F. Application Specifications. All applications for authorization shall contain at least the following information:
1. The location of the facility, including the assessor's plat and lot numbers and address;
2. The name and address of the property owner and operator of the facility;
3. A detailed and complete description of the operations at the facility;
4. A site plan depicting the facility's floor plan, yard layout, drainage system and storage and transfer location(s);
5. A complete list of all pollution control and safety equipment to be utilized or maintained on-site;
6. Demonstration that the proposed facility is not within an area where the groundwater is classified as GAA, a well head protection area, or within areas where the groundwater is classified GA and where public water is not available to all surrounding properties;
7. A copy of the applicant's environmental liability insurance policy for the facility; and
8. The facility's closure cost estimate and financial assurance mechanism.
G. Application fee. An application fee of two thousand dollars ($ 2,000.00) shall be submitted with each new application for a Letter of Authorization to operate a temporary transfer and storage facility. Yearly renewal application fees shall be five hundred dollars ($ 500).
H. Authorization Period. Each Letter of Authorization shall be valid for a period of not more than one (1) year from the date of issuance.
I. Expiration of Authorization/renewal of authorization. At least thirty (30) days before the end of the authorization period specified above, the owner/operator may submit a renewal application and fee in accordance with the requirements of this rule to operate a temporary transfer and storage facility.
J. Posting. Any Letter of Authorization issued hereunder shall be maintained on the facility and posted in a conspicuous location, and shall be the property of the Department.
K. Change of Ownership or Location. Changes in ownership, administration or location of temporary transfer and storage facility are subject to the following requirements:
1. The Director shall be notified in writing thirty days prior to any change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;
2. A Letter of Authorization is not transferable to any other property.
3. Any change in ownership shall require written authorization of the Department prior to the change. The Director may require resubmission of all or part of the application in connection with the transfer.
L. Revocation. The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.
M. Generator Requirements. Temporary transfer and storage facilities shall comply with applicable sections of hazardous waste generator requirements contained in Rule 5.
N. Storage Units. Owners or operators of the temporary transfer and storage facility may store hazardous waste only in containers.
O. Condition of Storage Units. Containers used to store hazardous waste at the transfer and storage facility shall be:
1. In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begin to leak the owner shall transfer the hazardous waste to a container that is in good condition;
2. Liquid tight with no visible leaks and;
3. Kept closed at all times.
P. Secondary Containment for Containers. Containers used to store hazardous waste shall be equipped with secondary containment that at a minimum has the following:
1. An impervious floor or bottom covering the entire storage area; and
2. Dikes, berms or walls capable of containing a spill or release; and
3. A capacity equivalent to a minimum of 100% of the volume of the volume of the hazardous waste stored in the container at the facility; and
4. The entire system shall be impervious to prevent a release; or
5. An equivalent containment system may be substituted if prior written approval is obtained from the Director.
Q. Interior Storage. Containers at temporary hazardous waste transfer and storage facility must be contained within a building.
R. Labeling. Containers used to store hazardous waste at the temporary transfer and storage facility shall be in compliance with Rule 5.4.
S. Local Authority. Owners and operators of temporary hazardous waste transfer and storage facilities shall be in compliance with the local building code and fire safety requirements.
T. Operation. No waste shall be bulked during the storage time.
U. Response to release. Upon detection of a release of hazardous waste, the owner or operator of the facility shall perform the following:
1. Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and the National Response Center.
2. Within 15 days of the incident, the owner or operator of the facility must submit a written report to OWM. The report should include:
(a) Name and address of facility;
(b) Time and type of incident;
(c) Name and quantity of material(s) involved;
(d) The extent of injuries;
(e) Any actions were taken during the incident and;
(f) The possible hazards to human health or the environmental outside the facility.
V. Tracking. Owners or operators of the facilities shall keep a written log of each hazardous waste shipment received for temporary storage at the facility and of each offsite shipment of the hazardous from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of hazardous waste on the written log in order to demonstrate that the hazardous waste is not being stored for greater than the allowed seventy two (72) hours time period. The written logs shall be provided to the Department upon request.
W. Owners or operators of the facilities shall maintain a valid hazardous waste transporter permit. The site and vehicle must be secured to prevent unauthorized access.
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13.5 Standards For Universal Waste Management: 40 CFR Part 273 is incorporated by reference in its entirety, except 273.3(b)(1) relative to disposal of recalled or unused pesticides (since 40 CFR 262.70, the farmer exemption, is not recognized by the Department), and as otherwise provided in these Rules. (See also definition of "EPA" for portions of the CFR where "EPA" is replaced by "Department").
A. 40 CFR 273.1 - Scope. The provisions are incorporated by reference with the following changes to 273.1(a):
1. add "(5) Used electronics as defined in these Rules."
2. add "(6) silver-containing photo fixing solutions as defined in these Rules."
B. 40 CFR 273.2 Applicability-Batteries. The provisions are incorporated by reference with the following change:
Add "(d) Exceptions to 40 CFR273.2(b)(3). Waste nickel-cadmium, mercury-oxide, and lead acid dry cell batteries must be managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in RIGL 23-60.1, "Dry Cell Battery Control".
C. 40 CFR 273.4 Applicability-Mercury-Containing Equipment. The provisions are incorporated by reference with the following changes:
1. Delete 40 CFR 273.4(b)(2).
2. Add 40 CFR 273.4(d) to read as follows: "Waste Mercury-containing equipment must be managed as universal waste (or hazardous waste) whether or not it exhibits a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per RIGL23-24.9, "Mercury Reduction and Education Act".
D. 40 CFR 273.5 Applicability-Lamps. The provisions are incorporated by reference with the following changes:
1. Delete 40 CFR 273.5(b)(2).
2. Add 40 CFR 273.5(d) to read as follows: "Waste lamps must be managed as universal waste (or hazardous waste) whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, except as provided in Rule 13.5(E)(2) (household exemption), per the solid waste disposal ban on lamps in RIGL 23-24.9 "Mercury Reduction and Education Act".
3. Lamp ballasts containing PCB's must be managed as a hazardous waste (See definition of PCB Waste-R007 in Section 3) in accordance with Rules 3-8 of these Regulations.
E. 40 CFR 273.8- Applicability-household and conditionally exempt small quantity generator waste.
40 CFR 273.8 is not incorporated by reference. Instead, the following provisions shall apply:
1. Persons who are household hazardous waste collection facilities, as described in Rule 5.0, and who handle wastes of the types described in the "Universal Waste" definition in Rule 3.0, shall either handle those wastes in compliance with all requirements applicable to hazardous waste generators as provided in Rule 5.0 or shall handle those wastes as universal wastes per the requirements of this part.
2. Persons who reside in single family or multiple family residences and who generate household waste as defined in 40 CFR 261.4(b)(1) and who:
(a) generate and dispose of non-business waste consisting of waste batteries (except for waste nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), waste pesticides, waste lamps, and/or waste silver-containing photo fixing solutions as described in the "Universal Waste" definition in Rule 3.0 shall either handle those wastes as non-hazardous solid wastes or as universal wastes per the requirements of this part.
(b) generate and dispose of waste consisting of certain dry cell batteries (i.e., waste nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), used electronics, and/or waste mercury-containing equipment as described in the "Universal Waste " definition in Rule 3.0 shall either dispose of these wastes as universal waste per the requirements of this part or as household hazardous waste (if a household hazardous waste collection program for these types of waste is available in the State). This satisfies the solid waste disposal ban in RIGL 23-60.1, 23-24.10, and 23-24.9. Any wastes of these types generated as part of a business located in a household must be managed as universal waste or hazardous waste (not household hazardous waste) and therefore the household hazardous waste collection program does not apply to such business wastes.
3. Persons who are federal conditionally exempt small quantity generators as defined in 40 CFR 261.5 and who:
(a) generate waste batteries (except for waste nickel-cadmium, mercuric oxide, and lead acid dry cell batteries), waste pesticides, and/or silver-containing photo fixing solutions as described in the "Universal Waste" definition in Rule 3.0 shall either handle those wastes in compliance with the requirements of 40 CFR 261.5 or shall handle those wastes as universal wastes per the requirements of this part.
(b) generate and dispose of certain waste dry cell batteries (i.e., waste nickel-cadmium, mercuric oxide, or lead acid dry cell batteries), used electronics, waste mercury-containing equipment and/or waste lamps as defined in the "Universal Waste " definition in Rule 3.0 shall either dispose of these wastes as hazardous waste or universal waste per the requirements of this part. This satisfies the solid waste disposal ban in RIGL 23-60.1, 23-24.10, and 23-24.9.
4. Persons who commingle regulated universal wastes with wastes of the types described in the "Universal Waste" definition in Rule 3.0 from households or from federal conditionally exempt small quantity generators, shall handle the commingled wastes as hazardous wastes or universal wastes per the requirements of this part.
F. 40 CFR 273.9- Definitions. The provisions are incorporated by reference with the following changes:
1. Replace the definition of "Large Quantity Handler of Universal Waste" with the Rule 3.0 definition of "Large Quantity Handler of Universal Waste".
2. Replace the definition of "Small Quantity Handler of Universal Waste" with the Rule 3.0 definition of "Small Quantity Handler of Universal Waste".
3. Add to the definition of "Universal Waste" "(5) Used electronics as defined in these Rules."
4. Add to the definition of "Universal Waste" "(6) Silver-containing photo fixing solutions as defined in these Rules."
5. In the definition of "Destination facility" add the following after the last sentence: "A facility that engages in the disassembly or demanufacturing of used electronics:
(1) for the purpose of marketing, reselling, reusing or recycling the components of a used electronic device;
(2) without treating the device or any component thereof; and (3) without breaking the cathode ray tube, if any, in any such device, shall be considered a small quantity handler of universal waste or a large quantity handler of universal waste, as appropriate and shall not be considered a destination facility. A facility that shreds, crushes, heats, or otherwise treats a used electronic device or an component thereof, or that breaks the cathode ray tube in any used electronic device, shall be considered a destination facility."
G. 40 CFR 273.11 - Prohibitions. The provisions are incorporated by reference with the following changes:
1. add "(c) Prohibited from crushing or intentionally breaking universal waste."
2. add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment, per the requirements of these universal waste regulations." For the purposes of these regulations, physical breakage of one item or less than10% of the total items shall be considered insignificant.
H. 40 CFR 273.13 - Waste Management. The provisions are incorporated by reference with the following changes:
1. add "(e)Used electronics. A small quantity handler of universal waste must manage used electronics in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or recyclability of any such used electronic or component thereof.
(2) A small quantity handler of universal waste must contain any cathode ray tube(s) from a used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the cathode ray tube(s)and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics must be managed as universal waste or hazardous waste, whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in RIGL 23-24.10, "Electronic Waste Prevention, Reuse and Recycling Act".
(3) A small quantity handler of universal waste may conduct the following activities:
(a) Sorting display devices/cathode ray tubes or other used electronics by type.
(b) Managing different types of display devices/cathode ray tubes or other used electronics in the same container.
(c) Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service.
(d) Removing cathode ray tubes or other used electronics from display device casings.
(e) Disassembling used electronics to separate batteries, circuit boards, or other components for the purpose of marketing, reselling, reusing or recycling such components, provided no treatment is occurring.
(f) A small quantity handler of universal waste shall not conduct any of the following activities:
(i) Breaking of cathode ray tubes in used electronic devices.
(ii) Shredding, crushing, heating, or otherwise treating used electronics or any component thereof.
(g) A small quantity handler of universal waste may disassemble used electronics provided that the handler:
(i) Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(ii) Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each used electronic device managed at the facility. This procedure must include: the type of equipment to be used to disassemble the used electronic device safely, operation and maintenance of equipment, segregation of incompatible wastes and proper waste management practices;
(iii) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device which may occur during disassembly operations;
(iv) Segregates and transfers the disassembled electronic components to containers that meet the requirements of Rule 13. 5E1(e)(2) above.
(v) Ensures that employees are thoroughly familiar with the procedures for disassembling used electronics, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies and
(vi) Maintains a system to ensure compliance with the written disassembling and management procedures.
2. Add "(f) Universal Waste Silver-containing photo fixing solutions. A small quantity handler of universal waste must manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of universal waste to the environment. The universal waste silver-containing photo fixing solutions must be contained in one or more of the following:
(1) A container that remains closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or
(2) A container that does not meet the requirements of paragraph (f)(1) of this Section, provided that the unacceptable container is overpacked in a container that does meet the requirements of paragraph (f)(1) of this Section; or
(3) A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 CFR 265.197(c), 265.200, and 265.201; or
(4) A transport vehicle or vessel that is closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions."
3. Delete 40 CFR 273.13(c)(4)(iii) and replace with " (iii) if the mercury, residues, and/or other solid waste is not a characteristic hazardous waste, such waste must still be handled as universal waste (or hazardous waste). The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in RIGL 23-24.9 "Mercury Reduction and Education Act"."
I. 40 CFR 273.14 - Labeling/marking. The provisions are incorporated by reference with the following changes:
1. add "(f) Used electronics devices or containers of used electronic devices must be clearly labeled (or clearly marked) as follows:
(1) Cathode ray tubes must be labeled with one of the following phrases: "Universal Waste-Cathode Ray Tube(s)", "Waste Cathode Ray Tube(s)" or "Used Cathode Ray Tube(s)".
(2) Other used electronics devices (that are not cathode ray tubes) must be labeled with one of the following phrases: "Universal Waste- "Used Electronic Devices not containing CRTs".
2. add "(g) A container, (or multiple container package unit), tank, transport vehicle or vessel in which used universal waste silver-containing photo fixing solutions as described in Rule 13.3 are contained must be labeled or marked clearly with either of the phrases "Universal Waste-Silver-Containing Photo Fixing Solution(s)" or "Waste-Silver-Containing Photo Fixing Solution(s)"."
J. 40 CFR 273.18 - Off-site shipments. The provisions are incorporated by reference with the following change:
1. in paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
K. 40 CFR 273.31 - Prohibitions. The provisions are incorporated by reference with the following changes:
1. add "(c) Prohibited from crushing or intentionally breaking universal waste."
2. add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type on any day as universal waste. An insignificant number of items of unintentionally broken waste may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment, per the requirements of these universal waste regulations. For the purposes of these regulations, physical breakage of one item or less than 10% of the total items shall be considered insignificant."
L. CFR 273.32 - Notification. The provisions are incorporated by reference with the following changes:
1. In 273.32(a)(1), after " 5000 kilogram storage limit" add "(or the 20,000 kilogram storage limit for used electronics)"
2. Revise 273.32(b)((4) to read "A list of all types of universal waste managed by the handler (e.g. batteries, pesticides, mercury-containing equipment, lamps, used electronics, and silver-containing photo fixing solutions);
3. In 273.32(b)(5), after "5000 kg of universal waste" add "(or 20,000 kg of used electronics)"
M. CFR 273.33 - Waste Management. The provisions are incorporated by reference with the following changes:
1. add "(e) Used electronics. A large quantity handler of universal waste must manage used electronics in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Store all used electronics inside a building with a roof and four walls or in a portable storage unit that is completely enclosed and weatherproof, or in the cargo-carrying portion of a truck, such as a trailer. Storage shall be in a manner that prevents used electronics from being exposed to the environment and ensures that all used electronics are handled, stored and transported in a manner that maintains the reuse or recyclability of any such used electronic or component thereof.
(2) A large quantity handler of universal waste must contain any cathode ray tube(s) from a used electronic device and other used electronics that shows evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonable foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the cathode ray tube(s) and other used electronics, and must lack evidence of breakage, leakage, spillage, or damage that could cause the release of glass particles or other hazardous constituents under reasonably foreseeable conditions. Any released glass particles, other constituents, and clean-up residues resulting from the breakage, leakage, spillage, or damage of cathode ray tube(s) or used electronics must be managed as universal waste (or hazardous waste), whether or not they exhibit a hazardous characteristic. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in RIGL 23-24.10, "Electronic Waste Prevention, Reuse and Recycling Act".
(3) A large quantity handler of universal waste may conduct the following activities:
(i) Sorting display devices/cathode ray tubes or other used electronics by type.
(ii) Managing different types of display devices/cathode ray tubes or other used electronics in the same container.
(iii) Testing display devices/cathode ray tubes or other used electronics to determine if they are capable of being returned to service.
(iv) Removing cathode ray tubes or other used electronics from display device casings.
(v) Disassembling used electronics to separate batteries, circuit boards, or other components for the purpose of marketing, reselling, reusing or recycling such components, provided no treatment is occurring.
(4) A large quantity handler of universal waste shall not conduct any of the following activities:
(i) Breaking of cathode ray tubes in used electronic devices.
(ii) Shredding, crushing, heating, or otherwise treating used electronics or any component thereof.
(5) A large quantity handler of universal waste may disassemble used electronics provided that the handler:
(i) Ensures that used electronics are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;
(ii) Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each used electronic device managed at the facility. This procedure must include: the type of equipment to be used to disassemble the used electronic device safely, operation and maintenance of equipment, segregation of incompatible wastes and proper waste management practices;
(iii) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the used electronic device which may occur during disassembly operations;
(iv) Segregates and transfers the disassembled electronic components to containers that meet the requirements of Rule 13. 5M1(e)(2) above.
(v) Ensures that employees are thoroughly familiar with the procedures for disassembling used electronics, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies and
(vi) Maintains a system to ensure compliance with the written disassembling and management procedures.
2. Add "(f) Universal Waste Silver-containing photo fixing solutions. A large quantity handler of universal waste must manage universal waste silver-containing photo fixing solutions in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste silver-containing photo fixing solutions must be contained in one or more of the following:
(1) A container that remains closed, structurally sound compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or
(2) A container that does not meet the requirements of paragraph (f)(1) of this Section, provided that the unacceptable container is overpacked in a container that does meet the requirements of paragraph (f)(1) of this Section; or
(3) A tank that meets the requirements of 40 CFR part 265 subpart j, except for 40 CFR 265.197(c), 265.200, and 265.201; or
(4) A transport vehicle or vessel that is closed, structurally sound, compatible with the silver-containing photo fixing solutions, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
3. Delete 40 CFR 273.33(c)(4)(iii) and replace with " (iii) If the mercury, residues, and/or other solid waste is not a characteristic hazardous waste, such waste must still be handled as universal waste (or hazardous waste) and not as solid waste. The disposal of these wastes at solid waste facilities is prohibited, per the solid waste disposal ban in RIGL 23-24.9 "Mercury Reduction and Education Act"."
N. 40 CFR 273.34 - Labeling/marking. The provisions are incorporated by reference with the following changes:
1. add "(f) Used electronics devices or containers of used electronic devices must be clearly labeled (or clearly marked) as follows:
(1) Cathode ray tubes must be labeled with one of the following phrases: "Universal Waste-Cathode Ray Tube(s)", "Waste Cathode Ray Tube(s)" or "Used Cathode Ray Tube(s)".
(2) Other used electronics devices (that are not cathode ray tubes) must be labeled with one of the following phrases: "Universal Waste- "Used Electronic Devices not containing CRTs".
2. add "(g) A container, (or multiple container package unit), tank, transport vehicle or vessel in which used universal waste silver-containing photo fixing solutions as described in Rule 13.3 are contained must be labeled or marked clearly with the words "Universal Waste-Silver-Containing Photo Fixing Solution(s)" or "Waste-Silver-Containing Photo Fixing Solution(s);"
O. 40 CFR 273.38 - Off-site shipments. The provisions are incorporated by reference with the following change:
In paragraph (g) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
P. 40 CFR 273.51 - Prohibitions. The provisions are incorporated by reference with the following changes:
1. add "(c) Prohibited from crushing or intentionally breaking universal waste."
2. add "(d) Prohibited from managing a significant number of broken items of universal waste of any given type in a transportation unit as universal waste. An insignificant number of unintentionally broken waste in a transportation unit may be managed as universal waste, provided that they are immediately managed to prevent releases of any universal waste or component of universal waste to the environment, per the requirements of these universal waste regulations. " For the purposes of these regulations, physical breakage of one item or less than 10% of the total items shall be considered insignificant.
Q. 40 CFR 273.60 - Applicability. The provisions are incorporated by reference with the following change:
In paragraph (a) after the phrase "of this chapter," add "to all applicable requirements of Rules 7 and 8,"
R. 40 CFR 273.61 - Off-site shipments. The provisions are incorporated by reference with the following change: In paragraph (c) replace "appropriate regional EPA office" and "EPA regional office" with "Department".
S. 40 CFR 273.80 - Petitions to Include Other Wastes, Under 40 CFR Part 273; General. The provisions are incorporated by reference with the following changes: In 273.80(b) and 273.80(c), delete "Administrator" and replace with "Director".
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15.4 Used Oil Generator Standards
Used oil generators are subject to the requirements of this Rule. Household used oil generators are not subject to the requirements of this section. Once household used oil is accepted by a used oil collection center the used oil is subject to regulation under this Rule. The owner or operator of vessels and the person removing or accepting used oil from the vessel are co-generators of the used oil and both are responsible for managing the used oil in compliance with this Rule once the used oil is transported ashore. The co-generators may decide which of them will fulfill the requirements of this Rule. Used oil generators shall store used oil onsite in containers, aboveground storage tanks or in underground storage tanks only provided that they comply with the following requirements:
A. Container Storage. Used oil generators that store used oil in containers shall do so in accordance with the following requirements:
1. The amount of used oil stored on-site by a used oil generator shall not exceed 1,320 gallons (equivalent to twenty-four 55 gallon drums) unless the used oil generator;
(a) Prepares a contingency plan that satisfies all of the requirements of Rule 5.2 and maintains the plan onsite for use in case of a fire spill or emergency;
(b) Does not store the excess used oil (amount greater than 1,320 gallons) onsite for greater than 180 days; and
(c) Marks the containers holding the excess used oil with the initial date upon which the excess used oil began accumulating.
2. Containers holding used oil shall be in good condition and free of rusting or structural defects that threaten the integrity of the container. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
3. Containers holding used oil shall be clearly marked with the words "Used Oil"; and
4. Containers of used oil that are stored outside the facility shall be placed on an impervious surface under a roofed structure and protected from precipitation and flooding.
B. Storage in Aboveground Storage Tanks (ASTs). Generators that store used oil in ASTs shall do so in accordance with the following requirements:
1. ASTs used by used oil generators to store used oil shall be registered with the Department and managed in accordance with the Department's Oil Pollution Control Regulations;
2. The total amount of used oil stored in the ASTs shall not exceed two thousand (2,000) gallons at any time;
3. Aboveground storage tanks holding used oil shall be permanently marked with the words "Used Oil"; and
4. Aboveground storage tanks holding used oil shall be kept closed at all times, unless adding or removing used oil.
C. Storage in Underground Storage Tanks (USTs). Used oil generators that store used oil in USTs shall do so in accordance with the following requirements:
1. Underground storage tanks used for storing used oil shall be registered with the Department and managed in accordance with the Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials; and
2. Underground storage tanks holding used oil shall have the fill pipe marked or labeled to clearly indicate used oil storage.
D Response to Used Oil Releases. Used oil generators shall maintain an adequate volume of spill control equipment on-site to contain and clean up the entire volume of used oil stored onsite and upon detection of a release of used oil shall:
1. Take immediate steps to stop and control the release;
2. Clean up, contain and properly manage the used oil and other resultant wastes;
3. Repair or replace all damaged or leaking containers or tanks prior to returning them to service;
4. Notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070); the local authorities and, if required by 49 CFR 171.15, notify the National Response Center ; and
5. Comply with the requirements of the Oil Pollution Control Regulations, Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
E. Processing of Used Oil. Except as provided in section (E) (1) through (5) below; used oil generators that process or re-refine used oil are subject to the requirements of Rule 15.8. Used oil generators may conduct the following activities provided that the used oil is not sent off-site for burning as specification used oil:
1. Filtering, cleaning or otherwise reconditioning used oil before returning it for reuse by the generator;
2. Separating used oil from wastewater generated on-site to make the wastewater suitable for discharge in accordance with a permit issued by a local Publicly Owned Treatment Works (POTWs), the Department's Water Quality Regulations and Section 307 or 402 of the Clean Water Act;
3. Using oil mist collectors to remove used oil from the in-plant air to make the air in the plant suitable for continued recirculation;
4. Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove the oil to the extent practicable pursuant to Rule 15.1(D); and
5. Filtering, separating or otherwise reconditioning used oil before burning it on-site in a space heater in accordance with Rule 15.4 (F).
F. Burning of used oil on-site. Used oil generators may burn used oil on-site in space heaters in accordance with the provisions of Rule 15.3.
G. Off-site shipments. Except as provided in sections (1) and (2) below, used oil generators shall ensure that their used oil is shipped off-site by a used oil transporter who is permitted by the Department in accordance with Rule 15.7 and Rule 6.0.
1. Self-transportation. A used oil generator of used oil may transport used oil generated on-site without complying with the transporter requirements contained in Rule 15.7, provided that:
(a) The used oil is transported in a vehicle owned by the used oil generator or a vehicle owned by an employee of the used oil generator;
(b) Not more than 55 gallons of used oil is transported at any time;
(c) Containers used to transport used oil shall meet USDOT standards and be USDOT approved; and
(d) The used oil is transported to an aggregation point as defined in Rule 3.0.
2. Tolling arrangements. Used oil generators may arrange for used oil to be transported by a used oil transporter that does not have an EPA identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the used oil processor/re-refiner to the used oil generator for use as a lubricant, cutting oil or coolant. The contract (known as a "tolling arrangement") shall indicate the following:
(a) The type of used oil and the frequency of shipments;
(b) That the vehicle used to transport the used oil to the processing/re-refining facility and to deliver the recycled used oil back to the used oil generator is owned and operated by the used oil processor/re-refiner; and
(c) That the reclaimed oil will be returned to the used oil generator.
3. Tracking.
Used oil generators shall keep a record of each used oil shipment sent offsite for processing or burning for a period of at least three years which shall include the following:
(a) The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(b) The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(c) The quantity of used oil shipped;
(d) The date the used oil was received by the used oil transporter or used oil processor/re-refiner; and
(e) The name and signature of an agent of the used oil generator, used oil transporter or used oil processor/re-refiner that provided the used oil for transport.
H. Service Companies. Companies that service oil-fired furnaces that heat buildings may self-transport quantities of used oil not greater than 5 gallons generated by their service activity back to their facility in accordance with the following requirements:
1. The used oil shall be placed in a closed container;
2. The container shall be marked with the words "Used Oil";
3. The vehicle used for the transportation shall have adequate spill control material in the vehicle at all times;
4. The used oil shall be transferred to an appropriate storage container or tank upon return to the company's place of business;
5. The company shall be considered to be the generator of the used oil and shall manage the used oil in accordance with all of the applicable requirements of Rule 15.0.
I. The rebuttable presumption contained in Rule 15.1(B) applies to used oil generated and managed by used oil generators.
15.5 Used Oil Aggregation Points
A. Applicability. This section applies to owners or operators of all used oil aggregation points as defined in Rule 3.0.
B. Used Oil Aggregation Point requirements. Used oil generators may consolidate used oil from multiple facilities that are owned and operated by their company at used oil aggregation points for storage purposes prior to shipping off-site provided that they comply with all of the used oil generator requirements contained in Rule 15.4.
C. Transportation. Owners and operators of used oil aggregation points may transport used oil without a permit from the point of generation to used oil aggregation points in shipments of not more than 55 gallons at one time in accordance with the requirements of Rule 15.4 (G)(1).
15.6 Used Oil Collection Centers
A. Applicability. This section applies to owners or operators of used oil collection centers as defined in Rule 3.0.
B. Persons who own or operate a used oil collection center shall obtain an EPA Identification Number and notify the Department of such activity and by submitting a completed Notification of Regulated Waste Activity form (EPA Form 8700-12).
C. Used Oil Collection Center requirements. Owners and operators of used oil collection centers shall comply with all of the used oil generator requirements contained in Rule 15.4.
D. Receiving Used Oil. Used oil collection centers may accept household used oil only. Used oil collection centers that receive used oil that does not meet the definition of a household used oil are considered used oil processor/re-refining facilities and are subject to the requirements of Rule 15.8.
15.7 Used Oil Transporter and Temporary Storage Facility Standards
A. Applicability. This Rule shall apply to used oil transporters as defined in Rule 3.0. Used oil transporters who import or export used oil are subject to this Rule while the used oil is within the State of Rhode Island.
B. Exceptions. The following persons and activities are not subject to the requirements of this Rule:
1. On-site transportation of used oil by a used oil generator or the owner or operator of the facility;
2. Used oil generators who transport their used oil to aggregation points that are owned and operated by the used oil generator in shipments of not more than 55 gallons in accordance with the requirements of Rule 15.4(G)(1);
3. Transportation of household used oil to a used oil collection center by a household used oil generator.
C. Transporter Restriction.
1. Used oil transporters may not consolidate or aggregate loads of used oil at their facility unless they comply with the requirements of Rule 15.7(H) and may not process or re-refine used oil unless they comply with Rule 15.8;
2. Transportation units used to transport hazardous waste shall be properly decontaminated in accordance with Rule 6.9 before transporting used oil; and
3. Used oil transporters that direct a shipment of specification used oil to a used oil burner or first claim that the used oil meets the requirements for specification used oil shall be subject to the requirements of Rule 15.9.
D. Permit Requirements. Transporters of used oil shall:
1. Obtain an EPA Identification Number by submitting to the Department a completed Notification of Regulated Waste Activity form (EPA form 8700-12); and
2. Obtain a permit to transport used oil in accordance with the requirements of the Rule 6.1, unless the transporter already posses a valid permit issued by the Department for the transportation of hazardous waste. A separate permit to transport used oil is not required if the transporter already has a permit issued by the DEM to transport hazardous waste.
E. Liability Insurance. Used oil transporters shall maintain liability insurance, including the hazardous material rider (MCS 90) as specified in 49 CFR 387.7(d), sufficient to provide coverage of $ 1,000,000.00 (one million dollars) per incident.
F. Used Oil Analysis. Prior to transporting used oil to a used oil burner or a used oil processor/re-refiner facility or storing used oil at a used oil temporary storage facility, the used oil transporter shall determine if the used oil has a total halogen content of greater than 1,000 ppm. This determination is made by testing the used oil or applying product knowledge of the materials in use and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a halogenated hazardous waste. In accordance with Rule 15.1(B) the transporter may rebut this presumption. The rebuttable presumption does not apply to metal working oils/fluids containing used oils contaminated with chlorinated paraffins and chlorofluorocarbons that are managed in accordance with Rule 15.1(B). The used oil transporter shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years. The used oil transporter may use analytical data or written documentation demonstrating product knowledge obtained from the used oil generator when making a determination regarding the status of a shipment of used oil.
G. Used Oil Transportation.
1. A used oil transporter shall deliver shipments of used oil to only the following:
(a) Another used oil transporter, provided that the transfer occurs at an approved used oil temporary storage or permitted hazardous waste treatment, storage and disposal facility and the other used oil transporter has obtained a permit from the Department and an EPA Identification Number;
(b) If handling household used oil, a used oil collection facility that has obtained an EPA Identification Number;
(c) A used oil processing/re-refining facility that has obtained an EPA Identification Number; or
(d) A used oil burner's facility that has obtained an EPA Identification Number.
2. Used Oil Spills and Releases. In the event of a spill or release of used oil the transporter shall:
(a) Take immediate steps to stop and contain the release;
(b) Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the proper local authorities, and if required by 49 CFR 171.15 and/or 49 CFR 403.12(f), notify the National Response Center, and for transporting over water give notice as required by 33 CFR 153.203;
(c) Provide a written report to the Department within ten (10) days of the incident detailing the steps that were taken to remediate the release and provide a written report to the USDOT, as required by 49 CFR 171.16; and
(d) Clean up and properly dispose of any used oil that was discharged and any materials contaminated with the used oil.
(e) In emergency situations, removal of used oil and materials contaminated with used oil may be conducted by a used oil transporter that does not have an EPA Identification Number, if so authorized by the Department.
3. Tracking.
(a) Used oil transporters shall keep a record of each used oil shipment accepted for transport for a period of at least three years which shall include the following:
(i) The name and address of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(ii) The EPA Identification Number (if applicable) of the used oil generator, used oil transporter or used oil processor/re-refiner who provided the used oil for transport;
(iii) The quantity of used oil accepted;
(iv) The date of acceptance; and
(v) The name and signature of an agent of the used oil generator, used oil transporter or used oil re-refiner who provided the used oil for transport.
(b) Deliveries. Used oil transporters shall keep a record of each shipment of used oil that is delivered to another used oil transporter, used oil processor/re-refiner, or used oil burner which shall include:
(i) The name and address of the receiving facility or used oil transporter;
(ii) The EPA Identification number of the receiving facility or used oil transporter;
(iii) The quantity of used oil delivered;
(iv) The date of the delivery;
(v) The name and signature, dated upon receipt of the used oil, of an agent of the receiving facility or used oil transporter.
(vi) All records generated by the transportation of used oil shall be retained by the transporter for a period of at least three years.
H. Used Oil Temporary Storage Facilities. Used oil transporters may store used oil at their facility for not more than thirty-five days prior to transporting it to a regulated used oil facility provided that they first obtain written authorization from the Director. This Rule shall not apply to used oil stored on a permitted transportation unit for less than seventy-two hours prior to offsite transportation, provided that the used oil is not transferred off the transportation unit while in storage at the facility.
1. Applicability. This Rule applies to used oil temporary storage facilities where shipments of used oil are stored onsite for less than 35 days. Used oil temporary storage facilities that store used oil for more than 35 days are subject to the requirements of Rule 15.8.
2. Authorization Requirements. All persons who shall construct, substantially alter, operate or own a used oil temporary storage facility shall first submit a complete application to the Office of Waste Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.
3. Closure Plan and Financial Requirements. Owners or operators of used oil temporary storage facilities shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an application for Authorization as defined in Rule 15.7(H)(5) below. Owners or operators shall document their financial ability to complete the closure plan equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.
4. Operating a used oil temporary storage facility without a Letter of Authorization or a renewal of authorization is prohibited.
5. Application Specifications. All applications for Authorization shall contain at least the following information:
(a) The location of the facility, including the Assessor's Plat and Lot numbers;
(b) The name and address of the property owner and operator of the Facility;
(c) A complete description of the used oil transfer and storage operations at the facility;
(d) A site plan depicting the Facility's floor plan, yard layout, drainage system and storage location(s).
(e) A complete list of all pollution control and safety equipment to be utilized or maintained on-site.
(f) A copy of the applicant's liability insurance policy for the Facility; and
(g) The facility's closure cost estimate and financial assurance mechanism.
6. Application Fees. An application fee of six thousand dollars ($ 6,000.00) shall be submitted with each new application for a Letter of Authorization to operate a used oil temporary storage facility.
7. Authorization Period. Each Letter of Authorization shall be valid for a period of not more than three (3) years from the date of issuance.
8. Expiration of Authorization/Renewal of Authorization. At least ninety (90) days before the end of the authorization period specified above, the owner/operator may submit a renewal application in accordance with the requirements of this Rule in order to renew its Authorization to operate a used oil temporary storage facility. This application shall include all of the information required in Rule 15.7 (H) and a renewal application review fee of three thousand ($ 3,000.00) dollars.
9. Posting. Any Letter of Authorization issued hereunder shall be maintained on the Facility and posted in a conspicuous location.
10. Change of Ownership or Location. Changes in ownership, administration or location of used oil temporary storage facilities are subject to the following requirements:
(a) The Director shall be notified in writing thirty days prior to a change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;
(b) A Letter of Authorization shall immediately become void and shall be returned to the Director upon change in location of any facility;
(c) A Letter of Authorization is voidable at the sole discretion of the Department whenever there is any sale of the facility or change in ownership of the property of the legal entity operating the facility. A new entity, prior to the commencing of operation of the facility, shall satisfy the Director of its ability to safely operate the facility, as well as its financial ability to operate and close said facility. This demonstration to the Director by the new entity shall include a proposed date for the transfer of the Letter of Authorization, liability insurance coverage and any other information which the Director may request. After a review of this information, the Director shall either approve or deny the transfer of the Letter of Authorization;
(d) The original operator shall remain fully liable for the operation of the facility under the terms of the Authorization Letter and applicable regulations until the Director transfers the Authorization to the new owner/operator.
11. The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.
12. Used oil temporary storage facilities shall comply with the applicable sections of the used oil generator requirements contained in Rule 15.4(A), (B), (C) and (D).
13. Storage Units. Owners or operators of used oil temporary storage facilities may not store used oil in units other than tanks and containers.
14. Condition of Storage Units. Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be:
(a) In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
(b) Liquid tight with no visible leaks;
(c) Kept closed except when adding or removing used oil.
15. Secondary Containment for Containers and Aboveground Storage Tanks (ASTs). Containers and ASTs used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following:
(a) An impervious floor or bottom covering the entire storage area; and
(b) Dikes, berms or walls capable of containing a spill or release; and
(c) A capacity equivalent to a minimum of 100% of the volume of used oil stored in the containers at the facility; and
(d) The entire system shall be impervious to used oil to prevent a release; or
(e) An equivalent containment system may be substituted if prior approval is obtained from the Director.
16. Exterior Storage. Owners and operators of used oil temporary storage facilities that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department's Office of Water Resources prior to the construction of the storage area.
17. Labeling. Containers and aboveground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly and permanently marked with the words "Used Oil". Fill pipes for underground storage tanks used to store used oil at used oil temporary storage facilities shall be clearly marked with the words "Used Oil". Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.
18. Response to releases. Upon detection of a release of used oil, the owner or operator of a used oil temporary storage facility shall perform the following:
(a) Take immediate steps to stop the release;
(b) Contain all of the released used oil;
(c) Clean up and properly manage the used oil and any other materials that were contaminated with used oil;
(d) Repair or replace any leaking or damaged storage units prior to returning them to service; and
(e) Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and, if required by 49 CFR 171.15, notify the National Response Center.
(f) Comply as applicable with the requirements of the Oil Pollution Control Regulations, Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
19. Tracking.
(a) Owners or operators of temporary storage facilities shall keep a written log of each used oil shipment received for temporary storage at the facility and of each offsite shipment of used oil from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of used oil every thirty five (35) days on the written log in order to demonstrate that used oil is not being stored for greater than the allowed thirty five (35) day time period. The written logs shall be provided to the Department upon request.
I. Management of residues. Used oil transporters and temporary storage facilities who generate residues from the storage or transportation of used oil shall manage them in compliance with Rule 15.1(F).
15.8 Used Oil Processor and Re-Refiner Standards
A. Applicability. The requirements of this Rule apply to owners and operators of facilities that process used oil as defined in Rule 3.0.
1. The requirements of Rule 15.8 do not apply to:
(a) Incidental processing that occurs during transport (e.g., settling and water separation);
(b) Used oil removed from electrical transformers or turbines and filtered by the used oil transporter prior to being returned to its original use;
(c) Used oil generators that conduct incidental processing in accordance with Rule 15.4(E); or
(d) Used oil burners that conduct incidental processing operations during the normal course of used oil management prior to burning or that aggregate off-specification used oil with virgin or specification used oil for the purposes of burning.
2. Used oil processors/re-refiners are subject to other applicable Rules as follows:
(a) Processors/re-refiners who generate used oil shall comply with the requirements of Rule 15.4;
(b) Processors/re-refiners who transport used oil shall also comply with the requirements of Rule 15.7;
(c) Processors/re-refiners who burn used oil for energy recovery shall also comply with the requirements of Rule 15.3;
(d) Processors/re-refiners who direct a shipment of used oil to a used oil burner or first make the claim that used oil meets the requirements of specification used oil shall also comply with the requirements of Rule 15.9.
B. Permit Requirement. All persons who shall construct, substantially alter, operate or own a used oil processing or re-refining facility shall first obtain a permit from the Director prior to conducting any such activities. Operating a used oil processor/re-refiner facility without a permit is prohibited.
C. Liability Insurance. Owners or operators of used oil processor/re-refiner facilities shall maintain liability insurance sufficient to provide coverage of $ 1,000,000.00 (one million dollars) per incident.
D. Closure Plan and Financial Requirements. Owners or operators of used oil processor/re-refiner facilities shall submit to the Department's Office of Waste Management a closure plan, complete with a cost estimate for closure and cleanup of the facility, along with an application for a permit as set forth in Rule 15.8 herein. Owners or operators shall also include a financial assurance mechanism demonstrating the financial ability of the applicant to fund the closure cost estimate contained in the closure plan. If the owner or operator fails to satisfy each of these requirements the Director may deny their application for a permit.
E. Application Specifications. All applications for a permit shall specify the following:
1. The location of the facility including the Assessor's Plat and Lot numbers;
2. The name and address of the owner and operator of the facility;
3. A complete description of the operations at the facility subject to the permit with specific statements of operational limitations and/or capacity limitations;
4. A complete description of the types of used oil that will be stored onsite and the processing and or recycling activities that will be conducted onsite;
5. A statement detailing any reporting or monitoring requirements that the owner/operator will conduct to ensure that the facility will be operated and maintained in compliance with these Regulations;
6. A site plan depicting the Facility's floor plan, yard layout, drainage system and storage location(s);
7. A complete list of all pollution control and safety equipment to be utilized or maintained on-site; and
8. A complete description of the applicant's financial ability to safely operate, and maintain the Facility.
F. Fees. The application fee for a permit shall be submitted with the application and shall be ten thousand dollars ($ 10,000.00) for the issuance of a new permit and five thousand dollars ($ 5,000.00) for the renewal of a permit.
G. Permit Posting. Any permit issued hereunder shall be posted in a conspicuous location, maintained onsite at the subject facility and be made available for review by the Department personnel upon request.
H. Issuance, Denial, Revocation or Suspension of Permits. The Director is authorized by R.I.G.L. 23-19.1-10 to issue, deny, revoke, or suspend a permit in accordance with these rules and regulations. The DEM shall follow the procedures set forth in Rule 7for processing these applications and shall substitute the words "used oil processing/re-refining facility" for the words "hazardous waste management facility" as it is referred to in Rule 7.
I. Application Requirements. Applications submitted to the Department for the construction or modification of a facility that processes or re-refines used oil shall contain all of the applicable elements required in Rule7.
J. Duration and Renewal of Permits. Permits for used oil processing or re-refining facilities shall be issued for a period not to exceed five (5) years and may be extended or renewed by the Director for a period of not more than five (5) years. A new permit application is required at the end of the ten year period and shall be submitted at least one hundred eighty (180) days prior to the expiration of the existing permit. Permit renewal applications will be processed in accordance with Rule 15.8 (H) and (I).
K. Notification. Used oil processors and re-refiners shall also notify the Department of such activity and obtain an EPA Identification Number by submitting to the Department a Notification of Regulated Waste Activity Form (EPA Form 8700-12).
L. General Facility Standards. Owners and operators of facilities that process or re-refine used oil shall comply with the following requirements:
1. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion or any accidental release of used oil to air, soil, groundwater or surface water which could threaten human health or the environment.
2. All facilities shall be equipped with the following:
(a) An internal communication or alarm system capable of providing immediate emergency instruction to facility personnel;
(b) Devices, such as a telephones or other devices located in appropriate locations throughout the facility capable of summoning emergency assistance from local fire departments, police departments or the State Emergency Response team;
(c) Portable fire extinguishers or fire control equipment, spill control equipment and decontamination equipment designed to control and contain fires, spills or releases involving oil and related materials; and
(d) Fire hoses and water of adequate volume and pressure or other fire suppressant systems such as foam producing equipment or automated sprinkler systems to provide for immediate response to fires in the facility and to meet all local and State building code requirements.
M. Testing and maintenance of all facility equipment, including but not limited to, communication systems, alarm systems, fire control equipment, spill control equipment and decontamination equipment shall be conducted at least on an annual basis to ensure its proper operation at the time of an emergency.
N. Personnel working in all areas of the facility where used oil is being poured, mixed, spread or otherwise handled shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice communication with another employee. In the event that only one employee is working during a particular shift, the employee shall have immediate access to an alarm or emergency communication device that is capable of summoning emergency responders and any other appropriate authority required to respond to an incident at the facility.
O. The owner or operator of a used oil processing/re-refining facility shall provide no less than three (3) feet of aisle space within all storage areas at the facility to allow for the unobstructed movement of emergency response and fire department personnel and equipment.
P. The owner or operator of a used oil processing/re-refining facility shall make the following arrangements with local and State authorities as appropriate for the amount and type of used oil being managed on-site:
1. Arrangements to familiarize the police, fire departments and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places were used oil is processed or stored and evacuation routes to be used by facility personnel.
2. Where more than one fire or police department or other related authority might respond, a designation of a primary emergency authority should be made and an agreement reached with said authorities to provide support to the primary emergency authority.
3. Agreements with State Emergency Responders, emergency response contractors and any other appropriate emergency equipment suppliers.
4. Arrangements with local hospitals to familiarize them with the properties of the used oil managed on-site and types of injuries or illnesses that could result from fires, explosions, or releases at the facility.
5. If state or local officials decline to acknowledge or make such arrangements the used oil processor/re-refiner must document the refusal in its operating record.
Q. Contingency Plan. Owners and operators of used oil processing/re-refining facilities shall comply with the following requirements:
1. Each owner or operator shall prepare and maintain a contingency plan for the facility that is designed to minimize hazards to human health and the environment from fires, explosions or any unplanned or sudden releases of used oil to air, soil or surface water. The provisions of this plan shall be carried out immediately in the event of a spill, release or fire.
2. The contingency plan shall describe the actions facility personnel will undertake to comply with this section in response to a fire, explosion, spill or release of used oil at the facility and include the following:
(a) In the event that the facility has an existing Spill Prevention Control and Countermeasures Plan or hazardous waste contingency plan, the existing plan shall be amended to include the used oil management requirements of this Rule;
(b) The plan shall describe the arrangements made with local and state authorities in accordance with Rule 15.8 (P);
(c) The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as an emergency coordinator for the facility, the list shall identify a primary emergency coordinator and this list shall be kept current. Where more than one person is listed, those other than the primary emergency coordinator shall be listed in the order they will assume this role as alternates;
(d) The plan shall list all emergency equipment located at the facility including, but not limited to, fire control equipment/systems, spill control equipment, communication/alarm systems and decontamination equipment. The list shall be kept current and the plan shall include a sketch depicting the location and type of equipment;
(e) The plan shall include an evacuation plan for facility personnel and shall include a sketch of all evacuation routes and alternate evacuation routes located at the facility. The plan shall also describe the signal to be used to alert facility personnel to evacuate the facility.
3. The owner or operator of the facility shall maintain onsite a copy of the contingency plan and all revisions to the plan and shall submit copies of the current plan to local fire and police departments, hospitals and State and local emergency response teams.
4. The contingency plan shall be periodically reviewed and amended as necessary to reflect the current facility conditions (e.g., facility layout or equipment) including personnel changes, changes to the list of emergency coordinators and when affected by changes to the Rules or when the plan fails in an emergency.
5. During all operating hours and non-operating hours there shall be one employee on-site, or on call, that is a designated emergency response coordinator. This emergency response coordinator shall be thoroughly familiar with the facility's contingency plan, all operations conducted at the facility, the location and characteristics of all used oil handled at the facility, the location of the required facility records and the facility layout. In addition, the coordinator shall have the authority to commit the resources necessary to carry out the contingency plan in the event of an emergency.
6. Whenever there is an imminent or actual emergency situation, the emergency coordinator present onsite shall immediately:
(a) Activate the internal facility alarms or communication systems to alert the facility's personnel;
(b) Notify appropriate State or local agencies with designated response roles;
(c) Identify the character, exact source, amount and areal extent of the release materials;
(d) Assess the hazards to human health and the environment that may result from any release, fire or explosion. This assessment shall include the immediate and potential affects of the incident to impact humans and the local environment and the potential for additional incidents like explosions;
(e) Notify the Department Emergency Response Program and the National Response Center (using the 24 hour toll free number 800-424-8802) and report his/her findings. This report shall include:
(i) Name and telephone number of the reporter;
(ii) Name and address of the facility;
(iii) Time and type of the incident;
(iv) Name and quantity of the materials involved;
(v) Extent of the injuries resulting, if any; and
(vi) The possible hazards to human health and the environment.
(f) During the emergency the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, reoccur or spread to other used oil or hazardous waste stored at the facility. These measures shall include, where applicable, stopping processes and operation, containing and collecting released materials and moving or isolating containers.
(g) In the event that facility operations must be shut down due to a fire, explosion or release the emergency response coordinator shall monitor the equipment for a build-up of pressure, leaks, gas generation, or related failure where appropriate.
(h) Immediately after the incident the emergency response coordinator shall provide for clean up and recycling or disposal of all used oil, waste or any other contaminated materials generated during the incident and clean up. The coordinator shall ensure that all affected areas of the facility have been adequately cleaned and all used oil and waste removed before allowing facility personnel back into the affected areas, and that any emergency equipment used during the incident is cleaned and fit for intended use prior to resuming operations.
(i) The facility owner or operator shall notify the Director and any other appropriate State and local authority that all of the conditions in paragraph (h) above have been satisfied prior to resuming operations in the affected area.
(j) The owner or operator shall note in the operating record the time, date and details of the incident that required the implementation of the facility's contingency plan. Within 15 days of the incident he/she shall submit a written report of the incident to the Director which includes the following:
(i) Name, address and telephone number of the owner or operator;
(ii) Name, address and telephone number of the facility;
(iii) Date, time and type of incident that occurred;
(iv) Names and quantities of the materials involved;
(v) The extent of any injuries;
(vi) Assessment of actual or potential hazards to human health or the environment resulting; and
(vii) Estimated quantity and disposition of the materials involved.
R. Used Oil Analysis. Prior to processing or otherwise managing used oil at a used oil processing/re-refining facility, the owner or operator shall determine the total halogen content of the used oil by having the used oil tested by an analytical laboratory or by applying product knowledge of the halogen content of the materials used and the process that generated the used oil. In the event that the used oil has a total halogen content greater than or equal to 1,000 ppm, the used oil will be presumed to have been mixed with a hazardous waste. The owner or operator of the facility may rebut this presumption in accordance with the procedures contained in Rule 15.1(B). The owner or operator of a processing/re-refining facility shall maintain records of all analytical testing or determinations made based on product knowledge for a period of at least three (3) years.
S. Used Oil Analysis Plan. Owners or operators of used oil processing/re-refining facilities shall develop and follow a written set of analytical procedures to ensure compliance with Rule 15.8(R). The owner operator shall keep the analysis plan current, maintain it at the facility and the plan shall include the following:
1. A statement indicating whether the determination of total halogen content of the used oil will be made based on knowledge of halogen content or sample analyses.
2. If the owner or operator uses sample analyses for the determination of total halogen content, the plan shall indicate the following:
(a) The analytical method used will be ASTM Method D808-95 or an equivalent method approved by the EPA and contained in EPA Publication SW-846, "Test Methods for Evaluating Solid Waste-Physical/Chemical Methods, Edition III";
(b) The sampling method used to obtain the representative sample, acceptable sampling methods include those listed in 40 CFR 261 Appendix I or an equivalent method approved by the Director;
(c) The frequency of the sampling to be performed and an indication as to whether the analysis will be performed on-site or off-site.
3. If the owner or operator determines the total halogen content of the used oil based only on knowledge of the halogen content, the plan shall indicate the type and source of the information used in making this determination.
4. If the total halogen content is determined to be greater than 1,000 ppm, the plan shall indicate the analytical test methods or information used to rebut the presumption of mixing hazardous waste and used oil.
5. If specification used oil is received for burning on-site, the plan shall describe the analytical and sampling methods used to determine that the used oil meets the criteria established in Rule 15.3 and include the information regarding the total halogen content required in Rule 15.8 (S) (1-3). The plan shall also indicate whether sampling and analysis will occur before or after processing/re-refining.
T. Management of Used Oil. Used oil processor/re-refiners as defined in Rule 3.0 that store used oil onsite shall comply with the applicable sections of the Regulations for Underground Storage Facilities Used For Petroleum Products and Hazardous Materials, the Oil Pollution Control Regulations and the following requirements:
1. Storage Units. Owners or operators of used oil processing/re-refining facilities may not store used oil in units other than tanks and containers as defined in Rule 3.0.
2. Condition of Storage Units. Containers and aboveground storage tanks used to store used oil at processing/re-refining facilities shall be:
(a) In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begins to leak the generator shall transfer the used oil to a container that is in good condition;
(b) Liquid tight with no visible leaks;
(c) Kept closed except when adding or removing used oil.
3. Secondary Containment for Containers and Above Ground Tanks (ASTs). Containers and aboveground tanks used to store used oil shall be equipped with a secondary containment feature that at a minimum has the following:
(a) A floor or bottom that is impervious to used oil covering the entire area; and
(b) Dikes, berms or retaining walls capable of containing a spill or release of used oil; and
(c) A capacity equivalent to 100% of the volume of used oil stored in the containers at the facility; and
(d) The entire system shall be impervious to used oil to prevent a release; or
(e) An equivalent containment system that is approved by the Director.
4. Exterior Storage. Used oil processor/re-refiners that store used oil in containers and/or aboveground tanks outdoors shall either construct the storage area with a means to prevent the accumulation of stormwater in the secondary containment device; or obtain a Stormwater Permit from the Department's Office of Water Resources prior to the construction of the storage area.
5. Labeling. Containers and aboveground storage tanks used to store or process used oil at used oil processing/re-refining facilities shall be clearly and permanently marked with the words "Used Oil". Fill pipes for underground storage tanks used to store used oil at used oil processing/re-refining facilities shall be clearly marked with the words "Used Oil". Markings for USTs shall comply with the requirements of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.
6. Response to releases. Upon detection of a release of used oil, the owner or operator of a used oil processing/re-refining facility shall perform the following:
(a) Take immediate steps to stop the release;
(b) Contain all of the released used oil;
(c) Clean up and properly manage the used oil and any other materials that were contaminated with used oil;
(d) Repair or replace any leaking or damaged used oil storage units prior to returning them to service; and
(e) Immediately notify the Department's Emergency Response Program (at 222-1360 or after hours at 222-3070), the local authorities and if required by 49 CFR 171.15 notify the National Response Center.
(f) Comply with the requirements of the Oil Pollution Control Regulations, Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and all other applicable Federal, State and Municipal Rules and Regulations relating to the release and handling of spilled or released used oil.
U. Closure and Post Closure. The owner or operator shall close the facility in accordance with the closure plan approved by the Director, in compliance with all of the requirements of the Approval Letter issued by the Department and in a manner equivalent to that required by 40 CFR 264 Subpart G.
V. Financial Requirements. The owner or operator shall meet the financial requirements contained in 40 CFR 264 Subpart H as well as the requirements set forth in Rule 7of these rules and regulations. Owner or operators choosing the trust fund option described in 40 CFR 264.143(a) shall, for new facilities deposit the full amount of the closure cost estimate when the trust fund is established.
W. Tracking.
1. Used oil processors/re-refiners shall keep a record of each used oil shipment accepted for processing/re-refining which shall include the following:
(a) The name, address and EPA Identification Number of the used oil transporter who delivered the used oil to the used oil processor/re-refiner;
(b) The name, address and EPA Identification Number (if applicable) of the used oil generator or processor/re-refiner from whom the used oil was sent for processing or re-refining;
(c) The quantity of used oil accepted;
(d) The date of acceptance;
(e) The name and signature of an agent of the processor/re-refiner who received the used oil.
2. Deliveries. Used oil processors/re-refiners shall keep a record of each shipment of used oil that is shipped off-site to another used oil processor/re-refiner, used oil burning facility which shall include:
(a) The name, address and EPA Identification Number of the used oil transporter who delivers the used oil to the used oil processor/re-refiner, or used oil burning facility;
(b) The EPA Identification number, name and address of the receiving used oil processor/re-refiner, used oil burning facility;
(c) The quantity of used oil delivered;
(d) The date the shipment was transported off-site;
(e) The name and signature of an agent of the receiving facility or used oil transporter.
3. The used oil processor/re-refiner shall retain for a period of at least three years all records generated by the acceptance and delivery of used oil to and from its facility.
X. Operating Record and Reporting.
1. The owner or operator shall keep a written record at the facility that contains the following information as it becomes available and maintained until the closure of the facility:
(a) Records and results of used oil analyses performed as described in sections 15.8(R) & (S); and
(b) Summary reports and details of all incidents that require implementations of the facility's contingency plan.
2. A used oil processor/re-refiner shall report to the Department on a biennial basis (by March 1 of each even numbered year), the following information regarding the previous year's used oil activities:
(a) The EPA Identification Number, name and address of the used oil processor/re-refiner;
(b) The calendar year covered by the report; and
(c) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific process employed.
Y. Off-site shipment. Used oil processors/re-refiners who initiate shipments of used oil off-site shall ship the used oil using a Rhode Island permitted used oil transporter who has an EPA Identification Number.
Z. Management of Residues. Used oil processors/re-refiners who generate residues from the storage, processing or re-refining of used oil shall manage the residues in compliance with Rule 15.1(F).
**Note: Only the section analyzed by the PHASYS team is included here as the entire regulation exceeded ~100 pages.
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