South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - GENERAL › Section 61-79.265.A.1 - Purpose, scope, and applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The purpose of this part is to establish
				  minimum national standards that define the acceptable management of hazardous
				  waste during the period of interim status and until certification of final
				  closure or, if the facility is subject to postclosure requirements, until
				  postclosure responsibilities are fulfilled.
(b) Except as provided in 265.1080(b), the
				  standards of this part, and of 264.552, 264.553 and 264.554, apply to owners
				  and operators of facilities that treat, store or dispose of hazardous waste who
				  have fully complied with the requirements for interim status under 44-56-60 and
				  section 3005(e)(e) of RCRA and 270.70 until either a permit is issued under
				  44-56-60 and section 3005 of RCRA or until applicable part 265 closure and
				  postclosure responsibilities are fulfilled, and to those owners and operators
				  of facilities in existence on November 19, 1980 who have failed to provide
				  timely notification as required under section
				  44-56-120
				  of the 1976 Code of Laws of South Carolina and by section 3010(a)(a) of RCRA,
				  as amended, and/or failed to file part A of the permit application as required
				  by 270.10 (e) and (g). These standards apply to all treatment, storage and
				  disposal of hazardous waste at these facilities after the effective date of
				  these regulations, except as specifically provided otherwise in this part or
				  part 261. (12/92; 12/93; 9/98)
[Comment: As stated in section
					 44-56-60
					 and section 3005(e)(a) of RCRA, after the effective date of regulations under
					 that section (i.e., parts 270 and 124 of this chapter), the treatment, storage
					 and disposal of hazardous waste is prohibited except in accordance with a
					 permit. section
					 44-56-50
					 and section 3005(a)(e) of RCRA provides for the continued operation of an
					 existing facility that meets certain conditions, until final administrative
					 disposition of the owner's and operator's permit application is made.] (revised
					 12/92)
(c) The requirements
				  of this part do not apply to:
(1) A person
				  disposing of hazardous waste by means of ocean disposal subject to a permit
				  issued under the Marine Protection, Research, and Sanctuaries Act.
[Comment: These part 265 regulations do apply to the
					 treatment or storage of hazardous waste before it is loaded onto an ocean
					 vessel for incineration or disposal at sea, as provided in paragraph
					 (b).]
(2) [Reserved
				  5/96]
(3) The owner or operator of
				  a POTW which treats, stores, or disposed of hazardous waste;
[Comment: The owner or operator of a facility under
					 paragraphs (c)(1) through (3) of this section is subject to the requirements of
					 part 264 of this chapter to the extent they are included in a permit by rule
					 granted to such a person under R.61-79.270.]
(4) [Reserved]
(5) The owner or operator of a facility
				  permitted, licensed, or registered by a State to manage municipal or industrial
				  solid waste, if the only hazardous waste the facility treats, stores, or
				  disposes of is excluded from regulation under this part by
				  R.61-79.262.14;
(6) The owner and
				  operator of a facility managing recyclable materials described in 261.6 (a)(2),
				  (3), and (4) (except to the extent they are referred to in subparts C, F, G, or
				  H of part 266). (revised 5/96)
(7)
				  A generator accumulating waste onsite in compliance with applicable conditions
				  for exemption in R.61-79.262.14 through 262.17, and R.61-79.262 subparts K and
				  L, except to the extent the requirements of R.61-79.265 are included in those
				  sections and subparts;
(8) A farmer
				  disposing of waste pesticides from his own use in compliance with section
				  262.70; or
(9) The owner or
				  operator of a totally enclosed treatment facility, as defined in section
				  260.10.
(10) The owner or operator
				  of an elementary neutralization unit or a wastewater treatment unit as defined
				  in 260.10 of these regulations, provided that if the owner or operator is
				  diluting hazardous ignitable (D001) wastes (other than the D001 High TOC
				  Subcategory defined in 268.40, Table Treatment Standards for Hazardous Wastes),
				  or reactive (D003) waste, to remove the characteristic before land disposal,
				  the owner/operator must comply with the requirements set out in 265.17(b).
				  (revised 12/93; 5/96)
(11) [Header
				  Reserved 12/92, following text retained]
(i)
				  Except as provided in paragraph (c)(11)(ii) of this section , a person engaged
				  in treatment or containment activities during immediate response to any of the
				  following situations: (revised 12/93)
(A) A
				  discharge of a hazardous waste;
(B)
				  An imminent and substantial threat of a discharge of a hazardous
				  waste;
(C) A discharge of a
				  material which, when discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
				  public safety, property, or the environment, from the known or suspected
				  presence of military munitions, other explosive material, or an explosive
				  device, as determined by an explosive or munitions emergency response
				  specialist as defined in 260.10.
(ii) An owner or operator of a facility
				  otherwise regulated by this part must comply with all applicable requirements
				  of subparts C and D below.
(iii)
				  Any person who is covered by paragraph (c)(11)(i) of this section and who
				  continues or initiates hazardous waste treatment or containment activities
				  after the immediate response is over is subject to all applicable requirements
				  of this part and R.61-79.270 and .124 for those activities.
(iv) In the case of an explosives or
				  munitions emergency response, if a Federal, State, Tribal or local official
				  acting within the scope of his or her official responsibilities, or an
				  explosives or munitions emergency response specialist, determines that
				  immediate removal of the material or waste is necessary to protect human health
				  or the environment, that official or specialist may authorize the removal of
				  the material or waste by transporters who do not have EPA identification
				  numbers and without the preparation of a manifest. In the case of emergencies
				  involving military munitions, the responding military emergency response
				  specialist's organizational unit must retain records for three years
				  identifying the dates of the response, the responsible persons responding, the
				  type and description of material addressed, and its disposition.
(12) A transporter storing
				  manifested shipments of hazardous waste in containers meeting the requirements
				  of R.61-79.262.30 at a transfer facility for a period of ten days or
				  less.
(13) The addition of
				  absorbent material to waste in a container (as defined in R.61-79.260.10 or the
				  addition of waste to the absorbent material in a container provided that these
				  actions occur at the time waste is first placed in the containers; and
				  R.61-79.265.17(b)(b), and Subpart I section s265.171 and 265.172 are complied
				  with.
(14) Universal waste handlers
				  and universal waste transporters (as defined in R.61-79.260.10) handling the
				  wastes listed below. These handlers are subject to regulation under
				  R.61-79.273, when handling the below listed universal wastes.
(i) Batteries as described in
				  273.2;
(ii) Pesticides as described
				  in 273.3;
(iii) Mercury-containing
				  equipment as described in 273.4;
(iv) Lamps as described in 273.5;
				  and
(v) Aerosol cans as described in
				  273.6 of this chapter.
(15) [Reserved]
(16) Reverse distributors accumulating
				  potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
				  waste pharmaceuticals, as defined in section 266.500. Reverse distributors are
				  subject to regulation under part 266, subpart P in lieu of this part for the
				  accumulation of potentially creditable hazardous waste pharmaceuticals and
				  evaluated hazardous waste pharmaceuticals.