South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.268 - LAND DISPOSAL RESTRICTIONS › Subpart A - GENERAL › Section 61-79.268.A.7 - Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Requirements for generators and reverse
				  distributors:
(1) A generator of hazardous
				  waste must determine if the waste has to be treated before it can be land
				  disposed. This is done by determining if the hazardous waste meets the
				  treatment standards in 268.40, 268.45, or 268.49. This determination can be
				  made concurrently with the hazardous waste determination required in 262.11, in
				  either of two ways: testing the waste or using knowledge of the waste. If the
				  generator tests the waste, testing would normally determine the total
				  concentration of hazardous constituents, or the concentration of hazardous
				  constituents in an extract of the waste obtained using test method 1311 in
				  "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," EPA
				  Publication SW-846, (incorporated by reference, see 260.11), depending on
				  whether the treatment standard for the waste is expressed as a total
				  concentration or concentration of hazardous constituent in the waste's extract.
				  (Alternatively, the generator must send the waste to a RCRA-permitted hazardous
				  waste treatment facility, where the waste treatment facility must comply with
				  the requirements of 264.13 of this chapter and paragraph (b) of this section .)
				  In addition, some hazardous wastes must be treated by particular treatment
				  methods before they can be land disposed and some soils are contaminated by
				  such hazardous wastes. These treatment standards are also found in 268.40, and
				  are described in detail in 268.42, Table 1. These wastes, and soils
				  contaminated with such wastes, do not need to be tested (however, if they are
				  in a waste mixture, other wastes with concentration level treatment standards
				  would have to be tested). If a generator determines they are managing a waste
				  or soil contaminated with a waste, that displays a hazardous characteristic of
				  ignitability, corrosivity, reactivity, or toxicity, they must comply with the
				  special requirements of 268.9 of this part in addition to any applicable
				  requirements in this section .
(2)
				  If the waste or contaminated soil does not meet the treatment standards, or if
				  the generator chooses not to make the determination of whether his waste must
				  be treated, with the initial shipment of waste to each treatment or storage
				  facility, the generator must send a one-time written notice to each treatment
				  or storage facility receiving the waste, and place a copy in the file. The
				  notice must include the information in column "268.7(a)(2)" of the Generator
				  Paperwork Requirements Table in paragraph (a)(4) of this section .
				  (Alternatively, if the generator chooses not to make the determination of
				  whether the waste must be treated, the notification must include the EPA
				  Hazardous Waste Numbers and Manifest Number of the first shipment and must
				  state "This hazardous waste may or may not be subject to the LDR treatment
				  standards. The treatment facility must make the determination.") No further
				  notification is necessary until such time that the waste or facility change, in
				  which case a new notification must be sent and a copy placed in the generator's
				  file.
(i) For contaminated soil, the following
				  certification statement should be included, signed by an authorized
				  representative:
I certify under penalty of law that I personally have
					 examined this contaminated soil and it [does/does not] contain listed hazardous
					 waste and [does/does not] exhibit a characteristic of hazardous waste and
					 requires treatment to meet the soil treatment standards as provided by
					 268.49(c).
(ii)
				  [Reserved]
(3) If the
				  waste or contaminated soil meets the treatment standard at the original point
				  of generation:
(i) With the initial shipment
				  of waste to each treatment, storage, or disposal facility, the generator must
				  send a onetime written notice to each treatment, storage, or disposal facility
				  receiving the waste, and place a copy in the file. The notice must include the
				  information indicated in column "268.7(a)(3)" of the Generator Paperwork
				  Requirements Table in 268.7(a)(4) and the following certification statement,
				  signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in part 268, subpart D I believe that
					 the information I submitted is true, accurate and complete. I am aware that
					 there are significant penalties for submitting a false certification, including
					 the possibility of a fine and imprisonment.
(ii) For contaminated soil, with the initial
				  shipment of wastes to each treatment, storage, or disposal facility, the
				  generator must send a one-time written notice to each facility receiving the
				  waste and place a copy in the file. The notice must include the information in
				  column "268.7(a)(3)" of the Generator Paperwork Requirements Table in
				  268.7(a)(4).
(iii) If the waste
				  changes, the generator must send a new notice and certification to the
				  receiving facility, and place a copy in their files. Generators of hazardous
				  debris excluded from the definition of hazardous waste under 261.3(f) of this
				  chapter are not subject to these requirements.
(4) For reporting, tracking, and
				  recordkeeping when exceptions allow certain wastes or contaminated soil that do
				  not meet the treatment standards to be land disposed: There are certain
				  exemptions from the requirement that hazardous wastes or contaminated soil meet
				  treatment standards before they can be land disposed. These include, but are
				  not limited to case-by-case extensions under 268.5, disposal in a no-migration
				  unit under 268.6, or a national capacity variance or case-by-case capacity
				  variance under subpart C of this part. If a generator's waste is so exempt,
				  then with the initial shipment of waste, the generator must send a one-time
				  written notice to each land disposal facility receiving the waste. The notice
				  must include the information indicated in column "268.7(a)(4)" of the Generator
				  Paperwork Requirements Table below. If the waste changes, the generator must
				  send a new notice to the receiving facility, and place a copy in their files.
				  (11/90, 12/92; 5/96, 9/98)
WIDETABLE
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268.7(a)(4) table
Required information
268.7(a)(2)
268.7(a)(3)
268.7(a)(4)
268.7(a)(9)
1.
EPA Hazardous Waste and Manifest numbers and
								  Manifest Number of first shipment
x
x
x
x
2.
Statement: this waste is not prohibited from land
								  disposal
x
3.
The waste is subject to the LDRs. The
								  constituents of concern for F001-F005, and F039, and underlying hazardous
								  constituents in characteristic wastes, unless the waste will be treated and
								  monitored for all constituents. If all constituents will be treated and
								  monitored, there is no need to put them all on the LDR notice
4.
The notice must include the applicable
								  wastewater/nonwastewater category (see 268.2(d) and (f)) and subdivisions made
								  within a waste code based on waste-specific criteria (such as D003 reactive
								  cyanide)
x
x
5.
Waste analysis data (when available)
x
x
x
6.
Date the waste is subject to the
								  prohibition
x
7.
For hazardous debris, when treating with the
								  alternative treatment technologies provided by 268.45: the contaminants subject
								  to treatment, as described in 268.45(b); and an indication that these
								  contaminants are being treated to comply with 268.45
x
x
8.
For contaminated soil subject to LDRs as provided
								  in 268.49(a) the constituents subject to treatment as described in 268.49(d)
								  and the following statement: This contaminated soil (does/does not) contain
								  listed hazardous waste and (does/does not) exhibit a characteristic of
								  hazardous waste and [is subject to/complies with] the soil treatment standards
								  as provided by 268.49(c) or the universal treatment standards
x
x
9.
A certification is needed (see applicable section
								  for exact wording)
x
x
(5)
				  If a generator is managing and treating prohibited waste or contaminated soil
				  in tanks, containers, or containment buildings regulated under R.61-79.262.15,
				  262.16, and 262.17 to meet applicable LDR treatment standards found at 268.40,
				  the generator must develop and follow a written waste analysis plan which
				  describes the procedures they will carry out to comply with the treatment
				  standards. (Generators treating hazardous debris under the alternative
				  treatment standards of Table 1, 268.45, however, are not subject to these waste
				  analysis requirements.) The plan must be kept on site in the generator's
				  records, and the following requirements must be met:(12/92, 12/93, 9/98)
(i) The waste analysis plan must be based on
				  a detailed chemical and physical analysis of a representative sample of the
				  prohibited waste(s) being treated, and contain all information necessary to
				  treat the waste(s) in accordance with the requirements of this part, including
				  the selected testing frequency.
(ii) Such plan must be kept in the facility's
				  on-site files and made available to inspectors.
(iii) Wastes shipped off site pursuant to
				  this paragraph must comply with the notification requirements of section
				  268.7(a)(3).
(6) If a
				  generator determines that the waste or contaminated soil is restricted based
				  solely on his knowledge of the waste, all supporting data used to make this
				  determination must be retained on-site in the generator's files. If a generator
				  determines that the waste is restricted based on testing this waste or an
				  extract developed using the test method 1311 in "Test Methods for Evaluating
				  Solid Waste, Physical/Chemical Methods," EPA Publication SW846, as referenced
				  in 260.11 of this chapter, and all waste analysis data must be retained on-site
				  in the generator's files. (9/98)
(7) If a generator determines that he or she
				  is managing a prohibited waste that is excluded from the definition of
				  hazardous or solid waste or is exempted from Subtitle C regulation under 261.2
				  through 261.6 subsequent to the point of generation (including deactivated
				  characteristic hazardous wastes managed in wastewater treatment systems subject
				  to the Clean Water Act (CWA) as specified at 261.4(a)(2), or are CWA
				  equivalent, or are managed in an underground injection well regulated by R.61-9
				  and R.61-68), he or she must place a one-time notice describing such
				  generation, subsequent exclusion from the definition of hazardous or solid
				  waste or exemption from RCRA Subtitle C regulation, and the disposition of the
				  waste, in the facility's on-site files.
(8) Generators must retain onsite a copy of
				  all notices, certifications, waste analysis data, and other documentation
				  produced pursuant to this section for at least three years from the date that
				  the waste that is the subject of such documentation was last sent to onsite or
				  offsite treatment, storage, or disposal. The three year record retention period
				  is automatically extended during the course of any unresolved enforcement
				  action regarding the regulated activity or as requested by the Department. The
				  requirements of this paragraph apply to solid wastes even when the hazardous
				  characteristic is removed prior to disposal, or when the waste is excluded from
				  the definition of hazardous or solid waste under 261.2 through 261.6, or
				  exempted from Subtitle C regulation, subsequent to the point of generation.
				  (revised 12/92)
(9) If a generator
				  is managing a lab pack containing hazardous wastes and wishes to use the
				  alternative treatment standard for lab packs found at 268.42(c):
(i) "I certify under penalty of law that I
				  personally have examined and am familiar with the waste and that the lab pack
				  contains only wastes that have not been excluded under appendix IV to part 268
				  and that this lab pack will be sent to a combustion facility in compliance with
				  the alternative treatment standards for lab packs at 268.42(c). I am aware that
				  there are significant penalties for submitting a false certification, including
				  the possibility of fine or imprisonment."
(ii) No further notification is necessary
				  until such time that the wastes in the lab pack change, or the receiving
				  facility changes, in which case a new notice and certification must be sent and
				  a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
				  hazardous wastes (D001--D043), underlying hazardous constituents (as defined in
				  268.2(i)) need not be determined.
(iv) The generator must also comply with the
				  requirements in paragraphs(a)(6) and (a)(7) of this section .
(10) Small quantity generators
				  with tolling agreements pursuant to 262.20(e) must comply with the applicable
				  notification and certification requirements of paragraph (a) of this section
				  for the initial shipment of the waste subject to the agreement. Such generators
				  must retain on-site a copy of the notification and certification, together with
				  the tolling agreement, for at least three years after termination or expiration
				  of the agreement. The three-year record retention period is automatically
				  extended during the course of any unresolved enforcement action regarding the
				  regulated activity or as requested by the Department.