Rhode Island RCRA Hazardous Waste Reporting

Rhode Island hazardous waste reporting is regulated by the Rhode Island Department of Environmental Management (RIDEM). The state program provides “cradle-to-grave” management of hazardous wastes, prioritizing the protection of both the environment and public health. At the federal level, hazardous waste is governed by the Resource Conservation and Recovery Act (RCRA), and compliance with both state and federal RCRA regulations is mandatory for facilities that generate and manage hazardous waste above specific thresholds. Rhode Island has adopted all hazardous waste regulations and exemptions established under RCRA, including the biennial reporting requirements.

Understanding Rhode Island Hazardous Waste / RCRA Reporting Requirements

In Rhode Island, all generators that are considered Large Quantity Generators (LQGs) in odd-numbered years and Treatment, Storage, and Disposal Facilities (TSDFs) are required to report biennially. In Rhode Island, generator categories are the same as federal definitions. A LQG is a facility that:

• Generates 2,200 lbs or more of hazardous waste in a single month, or
• Generated more than 2.2 lbs of acute hazardous waste in a single month, or 
• Generated more than 220 lbs of acute hazardous waste spill residue or soil

Facilities engaged in the following activities must also report biennially:

• Treated, stored, or disposed of RCRA hazardous waste on-site in a waste management unit subject to RCRA permitting requirements

State-Listed Hazardous Waste in Rhode Island

Rhode Island has several state-specific wastes subject to RCRA manifest and reporting requirements. These wastes have Rhode Island-specific waste codes. These waste codes come in two groups.

The first group of Rhode Island state waste codes only apply if the waste meets the definition and does not meet any Federal hazardous waste definition; thus in Rhode Island a waste cannot carry both a Federal and a State Code (i.e. one or the other). The Rhode Island waste codes are as follows:

• R001: Used Electronics voluntarily managed as hazardous Waste
  
• R002, R003, R004, R005 and R008: Waste codes reserved
  
• R006: Extremely hazardous wastes defined as wastes that contain any known or suspected carcinogen identified by federal agencies in above federal regulated levels or 0.1% by weight (whichever is more stringent), contains any DOT Hazard Class 2.3 or 6.1 (other than pharmaceuticals) in finished dosage forms, or contains any chemotherapy agents
  
• R007: PCB containing wastes in quantities greater than 50 ppm Note: these wastes would also be subject to Toxic Substances Control Act (TSCA) regulations
  
• R009: Mercury-containing waste defined as wastes containing mercury but do not meet the Federal D009 characteristic code
  
• R010: Used Oil designated as hazardous waste and not sent for recycling

The second group of Rhode Island waste codes are exempt from Rhode Island’s Waste Fee (see generator requirements below) and can be used in addition to other state and federal waste codes:

• R011: Secondary waste generated by a management facility as a result of treatment, repackaging, or storage of wastes received by the facility
• R012: Precious metal (gold, palladium, platinum, silver or rhodium) bearing wastes
• R013: Household hazardous wastes defined as those wastes that meet the definitions of federal hazardous waste but are derived from households Note: This waste code is primarily only used by collection centers rather than conventional generators
• R014: Used Oil managed in accordance with Used Oil regulations and sent for recycling
• R015: Non-hazardous waste shipped out of state, manifest required by receiving state
• R016: Removal Action Waste generated by RIDEM or EPA in the course of emergency response or environmental remediation activities

Rhode Island Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. Rhode Island still refers to VSQGs as Conditionally Exempt Small Quantity Generators (CESQGs). VSQGs are exempt from state and federal reporting requirements, but have numerous obligations within Rhode Island. VSQGs must still take steps to ensure compliance, including:

• Register with the RIDEM and EPA using the RIDEM Notification of Regulated Waste Activity form (RIDEM/EPA Form 8700-12)
• Waste determination
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time or for longer than 365 days
• Store hazardous waste in appropriate containers (VSQGs are not allowed to store hazardous waste in tanks or drip pads in Rhode Island)
  
  • Must conduct weekly inspections of storage areas Note: While documentation of inspection is implied by Federal requirements, Rhode Island explicitly requires documentation
    
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
    
  • Label containers with accumulation start dates
• Use Uniform Hazardous Waste Manifests (UHWM) for waste shipments via the e-Manifest system Note: This RIDEM requirement extends to exception reporting (see below) for VSQGs
• Only use permitted TSDFs, or Rhode Island specific collection centers
• Post emergency contact information and procedures for spill responses
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Maintain all records for a minimum of 3 years
• Pay an annual fee on all wastes generated (except the group that are fee exempt) based on the weight or volume generated

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs are usually exempt from state and federal reporting requirements. SQGs must still take steps to ensure compliance, including:

• Register with the RIDEM and EPA using the RIDEM Notification of Regulated Waste Activity form (RIDEM/EPA Form 8700-12)
  
  • Renotify the State every 4 years by submitting RIDEM/EPA form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (i.e. 2025, 2029 and so forth)
    
• Waste determination: keep detailed records of how waste determinations are made
  
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days Note: RIDEM does not allow for the 270 day extension for TSDFs over 200 miles away
  
• Store hazardous waste in appropriate containers
  
  • Must conduct weekly inspections of storage areas Note: While documentation of inspection is implied by Federal requirements, Rhode Island explicitly requires documentation
    
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
    
  • Label containers with accumulation start dates
    
• Post emergency contact information and procedures for spill responses
  
• Provide formal training to all employees on hazardous waste handling and emergency response
  
  • While a full written contingency plan is not required, Rhode Island requires SQGs to attempt to make arrangements with local emergency responders
    
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
  
• Only use permitted TSDFs
  
• Use UHWM for waste shipments via the e-Manifest system
  
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
    
• Submit a biennial hazardous waste report, if requested by RIDEM to do so
  
• Pay an annual fee on all wastes generated (except the group that are fee exempt) based on the weight or volume generated
  
• Maintain all records for a minimum of 3 years
  
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system
  

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,200 lbs per month of hazardous waste or more than 2.2 lbs per month of acutely hazardous waste. LQGs must submit federal biennial reports to the EPA every 2 years. In addition to reporting requirements, LQGs must:

• Register with the RIDEM and EPA using the RIDEM Notification of Regulated Waste Activity form (RIDEM/EPA Form 8700-12)
  
• Waste determination: Keep detailed records of how waste determinations are made
  
• Not store waste on-site for more than 90 days without a permit
  
• Store hazardous waste in appropriate containers
  
  • Must conduct weekly inspections of storage areas Note: While documentation of inspection is implied by Federal requirements, Rhode Island explicitly requires documentation
    
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
    
  • Label containers with accumulation start dates
    
• Use UHWM for waste shipments via the e-Manifest system
  
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
    
• Develop a waste minimization plan
  
• Develop and maintain a contingency plan addressing emergency response procedure
  
  • Provide copies to local emergency responders and document arrangements with those emergency responders
    
  • Develop a Quick Reference Guide (QRG)
    
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire
  
  • Conduct annual refresher training
    
• Submit federal biennial hazardous waste reports in even-numbered years
  
• Pay an annual fee on all wastes generated (except the group that are fee exempt) based on the weight or volume generated
  
• Maintain all records for a minimum of 3 years
  

Examples of Facilities Subject to Waste Reporting

Below is a list of common facilities in Rhode Island and the hazardous wastes generated that would likely trigger the need to submit a biennial report.

• Healthcare facilities: Acutely hazardous pharmaceuticals, mercury from medical devices and equipment, expired or unused chemical products, corrosive cleaning agents
• Electronics manufacturing: Lead from circuit boards and soldering operations, ignitable solvents used in cleaning and assembly, corrosive chemicals for etching circuit boards 
• Metal Fabrication and precision manufacturing: Chromium waste from electroplating and finishing, lead from welding and soldering, solvent waste from cleaning 
• Marine and shipbuilding: Ignitable waste from paints and coatings, chromium-containing waste from anti-corrosion treatments, ethylene glycol from cooling and cleaning 
• Plastics and composite facilities: Ignitable resins, reactive wastes from polymerization processes, solvents from equipment maintenance 

Hazardous Waste Manifest Requirements for Rhode Island Facilities

All shipments of hazardous waste must use hazardous waste manifests for waste shipments. All shipments must use the federal Uniform Hazardous Waste Manifest (EPA Form 8700-22, or UHWM)

Waste manifests must include:

• Generator information including name, address, and EPA ID
• Transporter details including ID numbers and U.S. DOT descriptions
• TSDF information including name, address, and EPA ID
• Waste descriptions
  • Name, hazard class, EPA waste codes, quantities 
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• Rhode Island requires the use of the federal e-Manifest system for the submission and tracking of manifests
  • If paper manifests are used, TSDFs upload the final copy to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SQGs and LQGs to register for the e-Manifest system
  • Paper copies must be stored for at least 3 years

• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste Note: Rhode Island’s time frame is more stringent than the federal
  • If a signed copy has not been submitted within 45 days, LQGs, SQGs, and VSQGs must submit an exception report with RIDEM
    
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest
      

For Treatment, Storage, and Disposal Facilities:  

• The UHWM must accompany waste throughout its shipment and treatment process
• Must upload a copy of the signed final manifest to e-Manifest within 35 days. 
  • Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to RIDEM within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, method of treatment, storage, and disposal, and an explanation of why the waste was unmanifested.  By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report with RIDEM detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted to eManifest within 20 days of the incident.

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities.
• Incorrect waste codes 
• Failure to include LDRs when needed
• Failure to maintain copies: final manifests must be maintained as paper or electronic copies in the e-Manifest system. Facilities may be required to provide copies of manifests during inspections or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all SQGs and LQGs will be required to register with the federal e-Manifest system

Rhode Island Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Rhode Island, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports. This electronic system streamlines reporting by enabling facilities to accurately track hazardous waste generation, storage, and management. RCRAInfo’s standardized format simplifies compliance and reduces errors, while electronic submissions improve efficiency and provide real-time access to critical data for regulatory oversight and emergency planning.

How to Submit a Hazardous Waste Report in RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to RCRAInfo and either create a new account or sign in with your existing credentials
• Access the biennial reporting module 
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Complete the necessary forms (Federal Form 8700-12, 8700-13 a/b)
  • Site ID Form: provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status
  •  Off-site Identification (OI) Form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHWM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
  • Generation and Management (GM) Form for each waste stream: describes waste streams generated and how the waste is managed 
    • Provide federal waste codes, source codes, management methods, waste minimization codes, and waste quantities for each
  • Waste Received (WR) Form: If the facility received RCRA hazardous waste from off-site sources 
• Review and submit your waste reports
  • There are no fees associated with submitting biennial reports in Rhode Island

Deadlines, Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

Biennial reports are due by March 1st of every even number year regarding information from the previous year

Additional Reporting Requirements (additional waste reports)

Episodic generation: Rhode Island has not yet adopted the Generator Improvements Rule (GIR) option for episodic generation

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Implement a centralized digital storage system to securely manage and organize essential documents and records, ensuring easy access during compliance audits, inspections, and reporting
• Conduct routine self-audits, such as quarterly or semi-annually, to maintain accurate and complete records that align with current RCRA and state-specific regulations about waste generation, storage, and shipment
• Establish and maintain a clear schedule to track and meet all submission deadlines to ensure timely compliance

Keep Copies of All Submitted Reports

Make copies of all paper forms and securely store them for a minimum of 3 years to stay in compliance in Rhode Island

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Incorrectly reporting waste quantities or generator status can occur due to underreporting in an attempt to avoid LQG classification or overreporting caused by data management errors

Tips:

• Develop standardized reporting checklists to ensure the accuracy of submitted information
• Use electronic tracking systems or digital software to automate calculations for waste generation and shipments
• Keep accurate and updated logs of waste generation and disposal throughout the year to maintain reliable records

Failure to Report All Hazardous Wastes

Failing to include certain waste types in reporting can occur unintentionally due to factors such as misunderstanding Rhode Island regulations, misidentifying waste streams, or not assigning the correct waste codes

Tips:

• Designate a compliance lead at each facility to oversee waste determinations and classifications
• Perform regular waste assessments to ensure accurate classification of all waste types
• Update waste determinations periodically to reflect current operations and regulatory changes
• Cross-check waste information with disposal facilities to confirm proper classification and handling

Failing to Keep Up-To-Date with Changes in Regulations

Failing to stay current with regulatory changes in Rhode Island can result from several factors. Facilities may lack dedicated staff to monitor updates or assume that long-standing waste management practices remain compliant.

Tips:

• Assign a dedicated staff member or team to track updates to hazardous waste regulations.
  
• Utilize software solutions that monitor regulatory changes and provide notifications about updates
  
• Participate in federal Environmental, Health, and Safety (EHS) associations to stay connected and informed about industry developments and compliance requirements
  

Late and Missed Submissions

Rhode Island does not allow extensions for late biennial report submissions. Ineffective timeline management can lead to missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit biennial reports may result in fines. 

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed

 

Penalties for Non-Compliance with RCRA Reporting in Rhode Island

Potential Fines and Legal Consequences

In Rhode Island, non-compliance with RCRA reporting requirements can result in penalties, including fines and civil or criminal enforcement actions. These penalties and fines are enforced by RIDEM. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors. As of January 8th, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year.

Common penalties include:

• Failing to submit biennial reports
  
• Operating as a TSDF without a permit
  
• Exceeding storage limits
  
• Failing to keep manifests up to date in e-Manifest system
  

 

Disclaimer: Every effort has been made to ensure the accuracy of the information herein. If you have further questions, we encourage you to reach out to a compliance expert or the regulating body for the jurisdiction in which you operate