250 R.I. Code R. 250-RICR-120-05-39.6

Current through November 7, 2024

Section 250-RICR-120-05-39.6 - Applicability

A. Except as provided in §§ 39.6(B) through (G) of this Part, the provisions of this regulation shall apply to all HMIWI.

B. An incinerator is not subject to this regulation if it is burning only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste, provided that the owner or operator of the incinerator:

1. Has notified the Office of Air Resources, in writing, that it is burning only pathological, low-level radioactive, and/or chemotherapeutic waste and has received a determination in writing from the Office of Air Resources that it is not subject to those subsections; and

2. Records continuously, summarizes quarterly, and keeps available for inspection for a period of five (5) years records of all times when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

C. A co-fired incinerator is not subject to this regulation if the owner or operator of the incinerator:

1. Has notified the Office of Air Resources, in writing, that it is a co-fired incinerator, and has received a determination from the Office of Air Resources that it is not subject to those subsections;

2. As part of this notification, provides a range of the relative weights of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and

3. Records continuously, summarizes quarterly, and keeps available for inspection for a period of five years records of the type and weight of hospital waste and medical/infectious waste burned, and the weight of all other fuels and wastes burned at the co-fired incinerator.

D. Any combustor/incinerator required to have a permit under Section 3005 of 42 U.S.C. § 6925 (Section 3005 of the Solid Waste Disposal Act) is not subject to this regulation.

E. Any combustor/incinerator which meets the applicability requirements under 40 C.F.R. § 60, Subparts Cb, Ea, or Eb is not subject to this regulation.

F. Any pyrolysis unit, as defined in § 39.5(A)(47) of this Part, is not subject to this regulation.

G. Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this regulation. For any HMIWI, this regulation supersedes Part 12 of this Subchapter (Incinerators) for those areas where there are overlapping requirements. HMIWI must comply with all applicable provisions of this regulation.

250 R.I. Code R. 250-RICR-120-05-39.6

Amended effective 12/26/2018