South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - GENERAL › Section 61-79.261.A.3 - Definition of hazardous waste

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A solid waste, as defined in 261.2, is a
				  hazardous waste if: (11/99)
(1) It is not
				  excluded from regulation as a hazardous waste under 261.4(b) and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of
				  hazardous waste identified in subpart C of this part. However, any mixture of a
				  waste from the extraction, beneficiation, and processing of ores and minerals
				  excluded under 261.4(b)(7) and any other solid waste exhibiting a
				  characteristic of hazardous waste under subpart C is a hazardous waste only if
				  it exhibits a characteristic that would not have been exhibited by the excluded
				  waste alone if such mixture had not occurred, or if it continues to exhibit any
				  of the characteristics exhibited by the non-excluded wastes prior to mixture.
				  Further, for the purposes of applying the Toxicity Characteristic to such
				  mixtures, the mixture is also a hazardous waste if it exceeds the maximum
				  concentration for any contaminant listed in table 1 to 261.24 that would not
				  have been exceeded by the excluded waste alone if the mixture had not occurred,
				  or if it continues to exceed the maximum concentration for any contaminant
				  exceeded by the nonexempt waste prior to mixture. (11/90; 12/93)
(ii) It is listed in subpart D and has not
				  been excluded from the lists in subpart D under 260.20 and 260.22 of this
				  chapter.
(iii) [Reserved] (11/90;
				  12/93)
(iv) It is a mixture of
				  solid waste and one or more hazardous wastes listed in subpart D of this part
				  and has not been excluded from this paragraph (a)(2) of this section under
				  260.20 and 260.22, paragraph (g) of this section, or paragraph (h) of this
				  section; however, the following mixtures of solid wastes and hazardous wastes
				  listed in subpart D of this part are not hazardous wastes (except by
				  application of paragraph (a)(2) (i) or (ii) of this section) if the generator
				  can demonstrate that the mixture consists of wastewater the discharge of which
				  is subject to regulation under the S. C. Pollution Control Act Section
				  48-1-10
				  et seq., of the S. C. Code of Laws of 1976, as amended and under either
				  section402 or section307(b)(b) of the Clean Water Act (including wastewater at
				  facilities which have eliminated the discharge of wastewater) and: (11/90;
				  12/93)
(A) One or more of the following spent
				  solvents listed in 261.31 - benezene, carbon tetrachloride,
				  tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the
				  combustion of these spent solvents--- Provided, that the maximum total weekly
				  usage of these solvents (other than the amounts that can be demonstrated not to
				  be discharged to wastewater) divided by the average weekly flow of wastewater
				  into the headworks of the facility's wastewater treatment or pretreatment
				  system does not exceed 1 part per million; or the total measured concentration
				  of these solvents entering the headworks of the facility's wastewater treatment
				  system (at facilities subject to regulation under the Clean Air Act, as
				  amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an
				  enforceable limit in a federal operating permit that minimizes fugitive
				  emissions), does not exceed 1 part per million on an average weekly basis. Any
				  facility that uses benzene as a solvent and claims this exemption must use an
				  aerated biological wastewater treatment system and must use only lined surface
				  impoundments or tanks prior to secondary clarification in the wastewater
				  treatment system. Facilities that choose to measure concentration levels must
				  file a copy of their sampling and analysis plan with the Department. A facility
				  must file a copy of a revised sampling and analysis plan only if the initial
				  plan is rendered inaccurate by changes in the facility's operations. The
				  sampling and analysis plan must include the monitoring point location
				  (headworks), the sampling frequency and methodology, and a list of constituents
				  to be monitored. A facility is eligible for the direct monitoring option once
				  they receive confirmation that the sampling and analysis plan has been received
				  by the Department. The Department may reject the sampling and analysis plan if
				  the Department finds that, the sampling and analysis plan fails to include the
				  above information; or the plan parameters would not enable the facility to
				  calculate the weekly average concentration of these chemicals accurately. If
				  the Department rejects the sampling and analysis plan or if the Department
				  finds that the facility is not following the sampling and analysis plan, the
				  Department shall notify the facility to cease the use of the direct monitoring
				  option until such time as the bases for rejection are corrected; or
(B) One or more of the following spent
				  solvents listed in Section261.31 - methylene chloride, 1,1,1-trichloroethane,
				  chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
				  toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
				  chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters
				  derived-from the combustion of these spent solvents - provided that the maximum
				  total weekly usage of these solvents (other than the amounts that can be
				  demonstrated not to be discharged to wastewater) divided by the average weekly
				  flow of wastewater into the headworks of the facility's wastewater treatment or
				  pre-treatment system does not exceed 25 parts per million; or the total
				  measured concentration of these solvents entering the headworks of the
				  facility's wastewater treatment system (at facilities subject to regulation
				  under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at
				  facilities subject to an enforceable limit in a federal operating permit that
				  minimizes fugitive emissions), does not exceed 25 parts per million on an
				  average weekly basis. Facilities that choose to measure concentration levels
				  must file a copy of their sampling and analysis plan with the the Department as
				  the context requires, or an authorized representative. A facility must file a
				  copy of a revised sampling and analysis plan only if the initial plan is
				  rendered inaccurate by changes in the facility's operations. The sampling and
				  analysis plan must include the monitoring point location (headworks), the
				  sampling frequency and methodology, and a list of constituents to be monitored.
				  A facility is eligible for the direct monitoring option once they receive
				  confirmation that the sampling and analysis plan has been received by the
				  Department. The Department may reject the sampling and analysis plan if the
				  Department finds that, the sampling and analysis plan fails to include the
				  above information; or the plan parameters would not enable the facility to
				  calculate the weekly average concentration of these chemicals accurately. If
				  the Department rejects the sampling and analysis plan or if the Department
				  finds that the facility is not following the sampling and analysis plan, the
				  Department shall notify the facility to cease the use of the direct monitoring
				  option until such time as the bases for rejection are corrected; or
(C) One of the following wastes listed in
				  261.32, provided that the wastes are discharged to the refinery oil recovery
				  sewer before primary oil water solids separation heat exchanger bundle cleaning
				  sludge from the petroleum refining industry (EPA Hazardous Waste No. K050),
				  crude oil storage tank sediment from petroleum refining operations (EPA
				  Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line
				  filter separation solids from petroleum refining operations (EPA Hazardous
				  Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171),
				  and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded hazardous waste, commercial
				  chemical product, or chemical intermediate listed in 261.31 through 261.33,
				  arising from de minimis losses of these materials. For purposes of this
				  paragraph (a)(2)(iv)(D), "de minimis" losses are inadvertent releases to a
				  wastewater treatment system, including those from normal material handling
				  operations (e.g., spills from the unloading or transfer of materials from bins
				  or other containers, leaks from pipes, valves or other devices used to transfer
				  materials); minor leaks of process equipment, storage tanks or containers;
				  leaks from well maintained pump packings and seals; sample purgings; relief
				  device discharges; discharges from safety showers and rinsing and cleaning of
				  personal safety equipment; and rinsate from empty containers or from containers
				  that are rendered empty by that rinsing. Any manufacturing facility that claims
				  an exemption for de minimis quantities of wastes listed in 261.31 through
				  261.32, or any nonmanufacturing facility that claims an exemption for de
				  minimis quantities of wastes listed in subpart D of this part must either have
				  eliminated the discharge of wastewaters or have included in its Clean Water Act
				  permit application or submission to its pretreatment control authority the
				  constituents for which each waste was listed (in 261 Appendix VII) of this
				  part; and the constituents in the table "'Treatment Standards for Hazardous
				  Wastes"' in 268.40 for which each waste has a treatment standard (i.e., Land
				  Disposal Restriction constituents). A facility is eligible to claim the
				  exemption once the permit writer or control authority has been notified of
				  possible de minimis releases via the Clean Water Act permit application or the
				  pretreatment control authority submission. A copy of the Clean Water permit
				  application or the submission to the pretreatment control authority must be
				  placed in the facility's on-site files; or
(E) Wastewater resulting from laboratory
				  operations containing toxic (T) wastes listed in subpart D of this part,
				  Provided, That the annualized average flow of laboratory wastewater does not
				  exceed one percent of total wastewater flow into the headworks of the
				  facility's wastewater treatment or pre-treatment system, or provided the
				  wastes, combined annualized average concentration does not exceed one part per
				  million in the headworks of the facility's wastewater treatment or
				  pre-treatment facility. Toxic (T) wastes used in laboratories that are
				  demonstrated not to be discharged to wastewater are not to be included in this
				  calculation; or (revised 5/96)
(F)
				  One or more of the following wastes listed in 261.32 - wastewaters from the
				  production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157) -
				  Provided that the maximum weekly usage of formaldehyde, methyl chloride,
				  methylene chloride, and triethylamine (including all amounts that cannot be
				  demonstrated to be reacted in the process, destroyed through treatment, or is
				  recovered, i.e., what is discharged or volatilized) divided by the average
				  weekly flow of process wastewater prior to any dilution into the headworks of
				  the facility's wastewater treatment system does not exceed a total of 5 parts
				  per million by weight OR the total measured concentration of these chemicals
				  entering the headworks of the facility's wastewater treatment system (at
				  facilities subject to regulation under the Clean Air Act as amended, at 40 CFR
				  parts 60, 61, or 63, or at facilities subject to an enforceable limit in a
				  federal operating permit that minimizes fugitive emissions), does not exceed 5
				  parts per million on an average weekly basis. Facilities that choose to measure
				  concentration levels must file copy of their sampling and analysis plan with
				  the Department or an authorized representative. A facility must file a copy of
				  a revised sampling and analysis plan only if the initial plan is rendered
				  inaccurate by changes in the facility's operations. The sampling and analysis
				  plan must include the monitoring point location (headworks), the sampling
				  frequency and methodology, and a list of constituents to be monitored. A
				  facility is eligible for the direct monitoring option once they receive
				  confirmation that the sampling and analysis plan has been received by the
				  Department. The Department may reject the sampling and analysis plan if the
				  Department finds that, the sampling and analysis plan fails to include the
				  above information; or the plan parameters would not enable the facility to
				  calculate the weekly average concentration of these chemicals accurately. If
				  the Department rejects the sampling and analysis plan or if the Department
				  finds that the facility is not following the sampling and analysis plan, the
				  Department shall notify the facility to cease the use of the direct monitoring
				  option until such time as the bases for rejection are corrected; or
(G) Wastewaters derived-from the treatment of
				  one or more of the following wastes listed in 261.32 - organic waste (including
				  heavy ends, still bottoms, light ends, spent solvents, filtrates, and
				  decantates) from the production of carbamates and carbamoyl oximes (EPA
				  Hazardous Waste No. K156). - Provided, that the maximum concentration of
				  formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
				  any dilutions into the headworks of the facility's wastewater treatment system
				  does not exceed a total of 5 milligrams per liter OR the total measured
				  concentration of these chemicals entering the headworks of the facility's
				  wastewater treatment system (at facilities subject to regulation under the
				  Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
				  subject to an enforceable limit in a federal operating permit that minimizes
				  fugitive emissions), does not exceed 5 milligrams per liter on an average
				  weekly basis. Facilities that choose to measure concentration levels must file
				  copy of their sampling and analysis plan with the Department or an authorized
				  representative. A facility must file a copy of a revised sampling and analysis
				  plan only if the initial plan is rendered inaccurate by changes in the
				  facility's operations. The sampling and analysis plan must include the
				  monitoring point location (headworks), the sampling frequency and methodology,
				  and a list of constituents to be monitored. A facility is eligible for the
				  direct monitoring option once they receive confirmation that the sampling and
				  analysis plan has been received by the Department. The Department may reject
				  the sampling and analysis plan if the Department finds that, the sampling and
				  analysis plan fails to include the above information; or the plan parameters
				  would not enable the facility to calculate the weekly average concentration of
				  these chemicals accurately. If the Department rejects the sampling and analysis
				  plan or if the Department finds that the facility is not following the sampling
				  and analysis plan, the Department shall notify the facility to cease the use of
				  the direct monitoring option until such time as the bases for rejection are
				  corrected.
(v)
				  Rebuttable presumption for used oil. Used oil containing more than 1000 ppm
				  total halogens is presumed to be a hazardous waste because it has been mixed
				  with halogenated hazardous waste listed in subpart D of part 261 of this
				  chapter. Persons may rebut this presumption by demonstrating that the used oil
				  does not contain hazardous waste (for example, by using an analytical method
				  from SW-846, Third Edition, to show that the used oil does not contain
				  significant concentrations of halogenated hazardous constituents listed in
				  appendix VIII of part 261 of this chapter). EPA Publication SW-846, Third
				  Edition, is available for the cost of $110.00 from the Government Printing
				  Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954,
				  202-783-3238 (document number 955-001-00000 -1).
(A) The rebuttable presumption does not apply
				  to metalworking oils/fluids containing chlorinated paraffins, if they are
				  processed, through a tolling agreement, to reclaim metalworking oils/fluids.
				  The presumption does apply to metalworking oils/fluids if such oils/fluids are
				  recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply
				  to used oils contaminated with chlorofluorocarbons (CFCs) removed from
				  refrigeration units where the CFCs are destined for reclamation. The rebuttable
				  presumption does apply to used oils contaminated with CFCs that have been mixed
				  with used oil from sources other than refrigeration units.