ECAR Fact Sheet for Rhode Island
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

The Rhode Island Department of Environmental Management (DEM) has adopted the federal hazardous waste regulations.  However, the DEM has added its own requirements, making the state's standards more stringent than federal standards.

The DEM has prepared a guidance document to help auto recyclers manage hazardous waste. Much of the information is included in the fact sheet below or you can click on the document and find more information on managing hazardous wastes.

To comply with Rhode Island's hazardous waste requirements, you must follow the steps below:

1. Determine whether any hazardous waste is generated.
2. Determine your facility's generator status.
3. Determine which regulations must be complied with depending upon your facility's generator status, and comply with those requirements.

Regulations

Definition of Hazardous Waste. Hazardous waste is any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form. Because of its quantity, concentration, or physical or chemical characteristics, it may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment. Such wastes include, but are not limited to, those which are toxic, corrosive, flammable, or reactive; and which are listed as "Rhode Island Wastes."

Hazardous waste also means any hazardous waste as defined in 40 CFR 261.3 or is subject to regulation under 40 CFR 261.7 and 261.33. Where the phrase solid waste appears in the Code of Federal Regulations, the word waste may be substituted.

Hazardous Waste Determination.  

It is the responsibility of all waste generators to determine whether their waste is hazardous. The procedure for this is called a hazardous waste determination.  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either "listed" or "characteristic", if they are a mixture of a listed hazardous waste and other wastes, or if they meet the description of a Rhode Island hazardous waste.

A. Listed wastes. Waste is considered hazardous if it is found on any one of four "lists". These "lists" are called the "F", "K", "P" and "U" lists.

B. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are "characteristic" hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

• IGNITABLE - combustible under certain conditions
• CORROSIVE - highly acidic, basic and/or capable of corroding metal
• REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
• TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it's more expensive to dispose of hazardous waste than it is solid waste).

D. Rhode Island Hazardous Wastes. These waste codes are in addition to the federal definitions of hazardous waste and are to be used only when the waste does not meet any of the federal criteria, except for purposes of determining if the waste is prohibited from being transported on specified roadways.

The waste codes indicated in the parentheses are only to be used when the waste does not meet any of the federal definitions of a hazardous waste. Waste codes R011, R012 and R013 indicate the waste is exempt from the Hazardous Waste Generation Fee and are to be used in addition to other applicable federal and state hazardous waste codes.

• Type 1A - Highly Toxic Waste (R001)
• Type 1B - Moderately Toxic Waste (R001)
• Type 1C - Slightly Toxic Waste (R001)
• Type 2A - Highly Reactive Waste (R002)
• Type 2B - Moderately Reactive Waste (R002)
• Type 2C - Slightly Reactive Waste (R002)
• Type 3A - Highly Flammable Waste (R003)
• Type 3B - Moderately Flammable Waste (R003)
• Type 3C - Slightly Flammable Waste (R003)
• Type 4 - Corrosive Waste (R004)
• Type 5 - Rhode Island Special Hazardous Waste (R005)
• Type 6 - Extremely hazardous waste (R006)

E. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state's universal waste requirements.

Generator Status.  If you manage hazardous waste, you must determine your generator status. The Rhode Island Rules and Regulations for Hazardous Waste Management apply to all generators of Hazardous Waste. Rhode Island does not recognize federal exemptions for small quantity generators (less than 1000 kg of waste per month). If your facility generates any amount of hazardous waste, the regulations apply to your facility (there are limited provisions for tank storage and biennial reporting).

Your facility will fall under one of these two classifications.

• Small Quantity Generator (SQG). You are considered an SQG if you generate less than 1,000 kilograms of hazardous waste per month or no more than 1 kilogram of acutely hazardous waste per month.
  
  
• Large Quantity Generator (LQG). You are considered an LQG if you generate 1,000 kilograms (2,200 pounds) or more of hazardous waste per month or greater than 1 kg of acutely hazardous waste per month.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you. See Rhode Island's Hazardous Waste Compliance Workbook for Generators for more details.

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

Rhode Island's Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste

Hazardous Waste Listings

Contacts

1. For more information, contact the Rhode Island DEM, Office of Waste Management at 401-222-2797.
2. To report a spill or leak, immediately call the DEM at 401-222-1360 or, if after hours, call the 24-hour emergency number at 401-222-3070.
3. To report an environmental incident or complaint, contact the DEM Offices

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