reglab/statecodes huggingface dataset:
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.142 - Cost estimate

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator must have a detailed written estimate, in current dollars, of
				  the cost of disposing of any hazardous secondary material as listed or
				  characteristic hazardous waste, and the potential cost of closing the facility
				  as a treatment, storage, and disposal facility.
(1) The estimate must equal the cost of
				  conducting the activities described in paragraph (a) of this section at the
				  point when the extent and manner of the facility's operation would make these
				  activities the most expensive; and
(2) The cost estimate must be based on the
				  costs to the owner or operator of hiring a third party to conduct these
				  activities. A third party is a party who is neither a parent nor a subsidiary
				  of the owner or operator. (See definition of parent corporation in section
				  265.141(d)). The owner or operator may use costs for on-site disposal in
				  accordance with applicable requirements if it can be demonstrated that on-site
				  disposal capacity will exist at all times over the life of the
				  facility.
(3) The cost estimate may
				  not incorporate any salvage value that may be realized with the sale of
				  hazardous secondary materials, or hazardous or non-hazardous wastes if
				  applicable under section 265.5113(d) facility structures or equipment, land, or
				  other assets associated with the facility.
(4) The owner or operator may not incorporate
				  a zero cost for hazardous secondary materials, or hazardous or non-hazardous
				  wastes if applicable under section 265.5113(d) that might have economic
				  value.
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.144 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.145 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.146 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.147 - Liability requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Coverage for sudden accidental occurrences. An owner or operator of a hazardous
				  secondary material reclamation facility or an intermediate facility subject to
				  financial assurance requirements under section 261.4(a)(24)(vi)(F), or a group
				  of such facilities, must demonstrate financial responsibility for bodily injury
				  and property damage to third parties caused by sudden accidental occurrences
				  arising from operations of the facility or group of facilities. The owner or
				  operator must have and maintain liability coverage for sudden accidental
				  occurrences in the amount of at least one (1) million dollars per occurrence
				  with an annual aggregate of at least two (2) million dollars, exclusive of
				  legal defense costs. This liability coverage may be demonstrated as specified
				  in paragraphs (a)(1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
				  required liability coverage by having liability insurance as specified in this
				  paragraph.
(i) Each insurance policy must be
				  amended by attachment of the Hazardous Secondary Material Facility Liability
				  Endorsement, or evidenced by a Certificate of Liability Insurance. The wording
				  of the endorsement must be identical to the wording specified in section
				  261.151(h). The wording of the certificate of insurance must be identical to
				  the wording specified in section 261.151(i). The owner or operator must submit
				  a signed duplicate original of the endorsement or the certificate of insurance
				  to the Department. If requested by a Department, the owner or operator must
				  provide a signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by
				  an insurer which, at a minimum, is licensed to transact the business of
				  insurance, or eligible to provide insurance as an excess or surplus lines
				  insurer, in one (1) or more states.
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An owner or
				  operator must notify the Department by certified mail of the commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming the owner or operator as debtor, within ten (10) days after commencement
				  of the proceeding. A guarantor of a corporate guarantee as specified in section
				  261.143(e) must make such a notification if named as debtor, as required under
				  the terms of the corporate guarantee.
(b) An owner or operator who fulfills the
				  requirements of section 261.143 or section 261.147 by obtaining a trust fund,
				  surety bond, letter of credit, or insurance policy will be deemed to be without
				  the required financial assurance or liability coverage in the event of
				  bankruptcy of the trustee or issuing institution, or a suspension or revocation
				  of the authority of the trustee institution to act as trustee or of the
				  institution issuing the surety bond, letter of credit, or insurance policy to
				  issue such instruments. The owner or operator must establish other financial
				  assurance or liability coverage within sixty (60) days after such an
				  event.
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix A-2

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Certificate of Acknowledgement
State of ____________
County of ________________
On this [date], before me personally came [owner or
						operator] to me known, who, being by me duly sworn, did depose and say that
						they reside at [address], that they are [title] of [corporation], the
						corporation described in and which executed the above instrument; that they
						know the seal of said corporation; that the seal affixed to such instrument is
						such corporate seal; that it was so affixed by order of the Board of Directors
						of said corporation, and that they signed their name thereto by like
						order.
[Signature of Notary Public]
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix C

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Irrevocable Standby Letter of Credit
Chief
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC, 29021
Dear Sir or Madam: We hereby establish our Irrevocable
						Standby Letter of Credit No.____ in your favor, in the event that the hazardous
						secondary materials at the covered reclamation or intermediary facility(ies) no
						longer meet the conditions of the exclusion under section 261.4(a)(24), at the
						request and for the account of [owner's or operator's name and address] up to
						the aggregate amount of [in words] U.S. dollars $____, available upon
						presentation of
(1) your sight draft, bearing reference to this letter of
						credit No.__, and
(2) your signed statement reading as follows: "I certify
						that the amount of the draft is payable pursuant to regulations issued under
						authority of the South Carolina Hazardous Waste Management Act."
This letter of credit is effective as of [date] and shall
						expire on [date at least one (1) year later], but such expiration date shall be
						automatically extended for a period of [at least one (1) year] on [date] and on
						each successive expiration date, unless, at least one hundred twenty (120) days
						before the current expiration date, we notify both you and [owner's or
						operator's name] by certified mail that we have decided not to extend this
						letter of credit beyond the current expiration date. In the event you are so
						notified, any unused portion of the credit shall be available upon presentation
						of your sight draft for one hundred twenty (120) days after the date of receipt
						by both you and [owner's or operator's name], as shown on the signed return
						receipts.
Whenever this letter of credit is drawn on under and in
						compliance with the terms of this credit, we shall duly honor such draft upon
						presentation to us, and we shall deposit the amount of the draft directly into
						the standby trust fund of [owner's or operator's name] in accordance with your
						instructions.
We certify that the wording of this letter of credit is
						identical to the wording specified in section 261.151 Appendix C as such
						regulations were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing
						institution] [Date]
This credit is subject to [insert "the most recent
						edition of the Uniform Customs and Practice for Documentary Credits, published
						and copyrighted by the International Chamber of Commerce," or "the Uniform
						Commercial Code"].
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix D

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
Certificate of Insurance
Name and Address of Insurer (herein called the
						"Insurer"): Name and Address of Insured (herein called the "Insured"):
Facilities Covered: [List for each facility: The EPA
						Identification Number (if any issued), name, address, and the amount of
						insurance for all facilities covered, which must total the face amount shown
						below.
Face Amount:
Policy Number: ____________________________
Effective Date:
The Insurer hereby certifies that it has issued to the
						Insured the policy of insurance identified above to provide financial assurance
						so that in accordance with applicable regulations all hazardous secondary
						materials can be removed from the facility or any unit at the facility, and the
						facility or any unit at the facility can be decontaminated at the facilities
						identified above. The Insurer further warrants that such policy conforms in all
						respects with the requirements of section 261.143(d) as applicable and as such
						regulations were constituted on the date shown immediately below. It is agreed
						that any provision of the policy inconsistent with such regulations is hereby
						amended to eliminate such inconsistency.
Whenever requested by the Department, the Insurer agrees
						to furnish to the Department a duplicate original of the policy listed above,
						including all endorsements thereon.
I hereby certify that the wording of this certificate is
						identical to the wording specified in section 261.151 Appendix D as such
						regulations were constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
						____________________________
[Date]
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix L-2

Current through Register Vol. 48, No. 6, June 28, 2024
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL
						CONTROL BUREAU OF LAND AND WASTE MANAGEMENT
State of ____________
County of ____________
On this [date], before me personally came [owner or
						operator] to me known, who, being by me duly sworn, did depose and say that
						they reside at [address], that they are [title] of [corporation], the
						corporation described in and which executed the above instrument; that they
						know the seal of said corporation; that the seal affixed to such instrument is
						such corporate seal; that it was so affixed by order of the Board of Directors
						of said corporation, and that they signed their name thereto by like
						order.
[Signature of Notary Public]
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 H - FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.H.151 - Wording of the instruments › Appendix M-2

Current through Register Vol. 48, No. 6, June 28, 2024
State of ___________
County of ____________
On this [date], before me personally came [owner or
						operator] to me known, who, being by me duly sworn, did depose and say that
						they reside at [address], that they are [title] of [corporation], the
						corporation described in and which executed the above instrument; that they
						know the seal of said corporation; that the seal affixed to such instrument is
						such corporate seal; that it was so affixed by order of the Board of Directors
						of said corporation, and that they signed their name thereto by like
						order.
[Signature of Notary Public]
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.170 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This subpart applies to hazardous secondary materials
					 excluded under the remanufacturing exclusion at section 261.4(a)(27) and stored
					 in containers.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.171 - Condition of containers

Current through Register Vol. 48, No. 6, June 28, 2024
If a container holding hazardous secondary material is not
					 in good condition (e.g., severe rusting, apparent structural defects) or if it
					 begins to leak, the hazardous secondary material must be transferred from this
					 container to a container that is in good condition or managed in some other way
					 that complies with the requirements of this part.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.172 - Compatibility of hazardous secondary materials with containers

Current through Register Vol. 48, No. 6, June 28, 2024
The container must be made of or lined with materials which
					 will not react with, and are otherwise compatible with, the hazardous secondary
					 material to be stored, so that the ability of the container to contain the
					 material is not impaired.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.173 - Management of containers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
				  container holding hazardous secondary material must always be closed during
				  storage, except when it is necessary to add or remove the hazardous secondary
				  material.
(b) A container holding
				  hazardous secondary material must not be opened, handled, or stored in a manner
				  which may rupture the container or cause it to leak.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.175 - Containment

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Container
				  storage areas must have a containment system that is designed and operated in
				  accordance with paragraph (b) of this section.
(b) A containment system must be designed and
				  operated as follows:
(1) A base must underlie
				  the containers which is free of cracks or gaps and is sufficiently impervious
				  to contain leaks, spills, and accumulated precipitation until the collected
				  material is detected and removed;
(2) The base must be sloped or the
				  containment system must be otherwise designed and operated to drain and remove
				  liquids resulting from leaks, spills, or precipitation, unless the containers
				  are elevated or are otherwise protected from contact with accumulated
				  liquids;
(3) The containment system
				  must have sufficient capacity to contain ten (10) percent of the volume of
				  containers or the volume of the largest container, whichever is
				  greater.
(4) Run-on into the
				  containment system must be prevented unless the collection system has
				  sufficient excess capacity in addition to that required in paragraph (b)(3) of
				  this section to contain any run-on which might enter the system; and
(5) Spilled or leaked material and
				  accumulated precipitation must be removed from the sump or collection area in
				  as timely a manner as is necessary to prevent overflow of the collection
				  system.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.176 - Special requirements for ignitable or reactive hazardous secondary material

Current through Register Vol. 48, No. 6, June 28, 2024
Containers holding ignitable or reactive hazardous
					 secondary material must be located at least fifteen (15) meters (50 feet) from
					 the facility's property line.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.177 - Special requirements for incompatible materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Incompatible materials must not be placed
				  in the same container.
(b)
				  Hazardous secondary material must not be placed in an unwashed container that
				  previously held an incompatible material.
(c) A storage container holding a hazardous
				  secondary material that is incompatible with any other materials stored nearby
				  must be separated from the other materials or protected from them by means of a
				  dike, berm, wall, or other device.
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 I - USE AND MANAGEMENT OF CONTAINERS › Section 61-79.261.I.179 - Air emission standards

Current through Register Vol. 48, No. 6, June 28, 2024
The remanufacturer or other person that stores or treats
					 the hazardous secondary material shall manage all hazardous secondary material
					 placed in a container in accordance with the applicable requirements of
					 R.61-79.261 subparts AA, BB, and CC.
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 J - TANK SYSTEMS › Section 61-79.261.J.190 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  requirements of this subpart apply to tank systems for storing or treating
				  hazardous secondary material excluded under the remanufacturing exclusion at
				  section 261.4(a)(27).
(b) Tank
				  systems, including sumps, as defined in section 260.10, that serve as part of a
				  secondary containment system to collect or contain releases of hazardous
				  secondary materials are exempted from the requirements in section
				  261.193(a).
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 J - TANK SYSTEMS › Section 61-79.261.J.191 - Assessment of existing tank system' s integrity

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Tank systems must meet the secondary
				  containment requirements of section 261.193, or the remanufacturer or other
				  person that handles the hazardous secondary material must determine that the
				  tank system is not leaking or is unfit for use. Except as provided in paragraph
				  (c) of this section, a written assessment reviewed and certified by a qualified
				  Professional Engineer must be kept on file at the remanufacturer's facility or
				  other facility that stores or treats the hazardous secondary material that
				  attests to the tank system's integrity.
(b) This assessment must determine that the
				  tank system is adequately designed and has sufficient structural strength and
				  compatibility with the material(s) to be stored or treated, to ensure that it
				  will not collapse, rupture, or fail. At a minimum, this assessment must
				  consider the following:
(1) Design
				  standard(s), if available, according to which the tank and ancillary equipment
				  were constructed;
(2) Hazardous
				  characteristics of the material(s) that have been and will be
				  handled;
(3) Existing corrosion
				  protection measures;
(4) Documented
				  age of the tank system, if available (otherwise, an estimate of the age);
				  and
(5) Results of a leak test,
				  internal inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
				  assessment must include a leak test that is capable of taking into account the
				  effects of temperature variations, tank end deflection, vapor pockets, and high
				  water table effects; and
(ii) For
				  other than non-enterable underground tanks and for ancillary equipment, this
				  assessment must include either a leak test, as described above, or other
				  integrity examination that is certified by a qualified Professional Engineer
				  that addresses cracks, leaks, corrosion, and erosion.
Note to paragraph (b)(5)(ii): The practices described in
					 the American Petroleum Institute (API) Publication, Guide for Inspection of
					 Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
					 4th edition, 1981, may be used, where applicable, as guidelines in conducting
					 other than a leak test.
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 J - TANK SYSTEMS › Section 61-79.261.J.192 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 J - TANK SYSTEMS › Section 61-79.261.J.193 - Containment and detection of releases

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Secondary containment systems must be:
(1) Designed, installed, and operated to
				  prevent any migration of materials or accumulated liquid out of the system to
				  the soil, ground water, or surface water at any time during the use of the tank
				  system; and
(2) Capable of
				  detecting and collecting releases and accumulated liquids until the collected
				  material is removed.
Note to paragraph (a): If the collected material is a
					 hazardous waste under R.61-79.261, it is subject to management as a hazardous
					 waste in accordance with all applicable requirements of R.61-79.262 through
					 265, 266, and 268. If the collected material is discharged through a point
					 source to waters of the United States, it is subject to the requirements of
					 sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to
					 a Publicly Owned Treatment Works (POTW), it is subject to the requirements of
					 section 307 of the Clean Water Act, as amended. If the collected material is
					 released to the environment, it may be subject to the reporting requirements of
					 40 CFR part 302.
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 J - TANK SYSTEMS › Section 61-79.261.J.194 - General operating requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Hazardous secondary materials or
				  treatment reagents must not be placed in a tank system if they could cause the
				  tank, its ancillary equipment, or the containment system to rupture, leak,
				  corrode, or otherwise fail.
(b) The
				  remanufacturer or other person that stores or treats the hazardous secondary
				  material must use appropriate controls and practices to prevent spills and
				  overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
				  valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
				  sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
(3) Maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation.
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 J - TANK SYSTEMS › Section 61-79.261.J.195 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 J - TANK SYSTEMS › Section 61-79.261.J.196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through Register Vol. 48, No. 6, June 28, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or which is unfit for use, must be removed from
					 service immediately, and the remanufacturer or other person that stores or
					 treats the hazardous secondary material must satisfy the following
					 requirements:
(a) Cessation of use;
				  prevent flow or addition of materials. The remanufacturer or other person that
				  stores or treats the hazardous secondary material must immediately stop the
				  flow of hazardous secondary material into the tank system or secondary
				  containment system and inspect the system to determine the cause of the
				  release.
(b) Removal of material
				  from tank system or secondary containment system.
(1) If the release was from the tank system,
				  the remanufacturer or other person that stores or treats the hazardous
				  secondary material must, within twenty-four (24) hours after detection of the
				  leak or, if the remanufacturer or other person that stores or treats the
				  hazardous secondary material demonstrates that it is not possible, at the
				  earliest practicable time, remove as much of the material as is necessary to
				  prevent further release of hazardous secondary material to the environment and
				  to allow inspection and repair of the tank system to be performed.
(2) If the material released was to a
				  secondary containment system, all released materials must be removed within
				  twenty-four (24) hours or in as timely a manner as is possible to prevent harm
				  to human health and the environment.
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 J - TANK SYSTEMS › Section 61-79.261.J.197 - Termination of remanufacturing exclusion

Current through Register Vol. 48, No. 6, June 28, 2024
Hazardous secondary material stored in units more than
					 ninety (90) days after the unit ceases to operate under the remanufacturing
					 exclusion at section 261.4(a)(27) or otherwise ceases to be operated for
					 manufacturing, or for storage of a product or a raw material, then becomes
					 subject to regulation as hazardous waste under R.61-79.124, 261 through 266,
					 268, and 270, as applicable.
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 J - TANK SYSTEMS › Section 61-79.261.J.198 - Special requirements for ignitable or reactive materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Ignitable or
				  reactive material must not be placed in tank systems, unless the material is
				  stored or treated in such a way that it is protected from any material or
				  conditions that may cause the material to ignite or react.
(b) The remanufacturer or other person that
				  stores or treats hazardous secondary material which is ignitable or reactive
				  must store or treat the hazardous secondary material in a tank that is in
				  compliance with the requirements for the maintenance of protective distances
				  between the material management area and any public ways, streets, alleys, or
				  an adjoining property line that can be built upon as required in Tables 2-1
				  through 2-6 of the National Fire Protection Association's "Flammable and
				  Combustible Liquids Code," (1977 or 1981), (incorporated by reference, see
				  section 260.11).
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 J - TANK SYSTEMS › Section 61-79.261.J.199 - Special requirements for incompatible materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Incompatible materials must not be placed
				  in the same tank system.
(b)
				  Hazardous secondary material must not be placed in a tank-system that has not
				  been decontaminated and that previously held an incompatible
				  material.
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 J - TANK SYSTEMS › Section 61-79.261.J.200 - Air emission standards

Current through Register Vol. 48, No. 6, June 28, 2024
The remanufacturer or other person that stores or treats
					 the hazardous secondary material shall manage all hazardous secondary material
					 placed in a tank in accordance with the applicable requirements of R.61-79.261
					 subparts AA, BB, and CC.
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 M - EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.M.400 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements of this subpart apply to those areas of an
					 entity managing hazardous secondary materials excluded under section
					 261.4(a)(23) and/or (24) where hazardous secondary materials are generated or
					 accumulated on site.
(a) A generator
				  of hazardous secondary material, or an intermediate or reclamation facility
				  that accumulates six thousand (6000) kilograms or less of hazardous secondary
				  material at any time must comply with sections 261.410 and 261.411.
(b) A generator of hazardous secondary
				  material, or an intermediate or reclamation facility that accumulates more than
				  six thousand (6000) kilograms of hazardous secondary material at any time must
				  comply with sections 261.410 and 261.420.
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 M - EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.M.410 - Preparedness and prevention

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Maintenance and operation of facility. Facilities generating or accumulating
				  hazardous secondary material must be maintained and operated to minimize the
				  possibility of a fire, explosion, or any unplanned sudden or non-sudden release
				  of hazardous secondary materials or hazardous secondary material constituents
				  to air, soil, or surface water which could threaten human health or the
				  environment.
(b) Required
				  equipment. All facilities generating or accumulating hazardous secondary
				  material must be equipped with the following, unless none of the hazards posed
				  by hazardous secondary material handled at the facility could require a
				  particular kind of equipment specified below:
(1) An internal communications or alarm
				  system capable of providing immediate emergency instruction (voice or signal)
				  to facility personnel;
(2) A
				  device, such as a telephone (immediately available at the scene of operations)
				  or a hand-held two-way radio, capable of summoning emergency assistance from
				  local police departments, fire departments, or state or local emergency
				  response teams;
(3) Portable fire
				  extinguishers, fire control equipment (including special extinguishing
				  equipment, such as that using foam, inert gas, or dry chemicals), spill control
				  equipment, and decontamination equipment; and
(4) Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
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 M - EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.M.411 - Emergency procedures for facilities generating or accumulating 6000 kilograms or less of hazardous secondary material

Current through Register Vol. 48, No. 6, June 28, 2024
A generator or an intermediate or reclamation facility that
					 generates or accumulates six thousand (6000) kilograms or less of hazardous
					 secondary material must comply with the following requirements:
(a) At all times there must be at least one
				  (1) employee either on the premises or on call (i.e., available to respond to
				  an emergency by reaching the facility within a short period of time) with the
				  responsibility for coordinating all emergency response measures specified in
				  paragraph (d) of this section. This employee is the emergency
				  coordinator.
(b) The generator or
				  intermediate or reclamation facility must post the following information next
				  to the telephone:
(1) The name and telephone
				  number of the emergency coordinator;
(2) Location of fire extinguishers and spill
				  control material, and, if present, fire alarm; and
(3) The telephone number of the fire
				  department, unless the facility has a direct alarm.
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 M - EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS › Section 61-79.261.M.420 - Contingency planning and emergency procedures for facilities generating or accumulating more than 6000 kilograms of hazardous secondary material

Current through Register Vol. 48, No. 6, June 28, 2024
A generator or an intermediate or reclamation facility that
					 generates or accumulates more than six thousand (6000) kilograms of hazardous
					 secondary material must comply with the following requirements:
(a) Purpose and implementation of contingency
				  plan.
(1) Each generator or an intermediate or
				  reclamation facility that accumulates more than six thousand (6000) kilograms
				  of hazardous secondary material must have a contingency plan for his facility.
				  The contingency plan must be designed to minimize hazards to human health or
				  the environment from fires, explosions, or any unplanned sudden or non-sudden
				  release of hazardous secondary material or hazardous secondary material
				  constituents to air, soil, or surface water.
(2) The provisions of the plan must be
				  carried out immediately whenever there is a fire, explosion, or release of
				  hazardous secondary material or hazardous secondary material constituents which
				  could threaten human health or the environment.
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1030 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations in this subpart apply to process vents
					 associated with distillation, fractionation, thin-film evaporation, solvent
					 extraction, or air or stream stripping operations that manage hazardous
					 secondary materials excluded under the remanufacturing exclusion at section
					 261.4(a)(27) with concentrations of at least ten (10) parts per million by
					 weight (ppmw), unless the process vents are equipped with operating air
					 emission controls in accordance with the requirements of an applicable Clean
					 Air Act regulation codified under 40 CFR part 60, part 61, or part
					 63.
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1032 - Standards: Process vents

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  remanufacturer or other person that stores or treats hazardous secondary
				  materials in hazardous secondary material management units with process vents
				  associated with distillation, fractionation, thin-film evaporation, solvent
				  extraction, or air or steam stripping operations managing hazardous secondary
				  material with organic concentrations of at least ten (10) parts per million by
				  weight (ppmw) shall either:
(1) Reduce total
				  organic emissions from all affected process vents at the facility below 1.4
				  kilograms/hour (3 lbs/h) and 2.8 Megagram/year (3.1 tons/yr), or
(2) Reduce, by use of a control device, total
				  organic emissions from all affected process vents at the facility by
				  ninety-five (95) weight percent.
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1033 - Standards: Closed-vent systems and control devices

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) The
				  remanufacturer or other person that stores or treats the hazardous secondary
				  materials in hazardous secondary material management units using closed-vent
				  systems and control devices used to comply with provisions of this part shall
				  comply with the provisions of this section.
(2) [Reserved]
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1034 - Test methods and procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Each remanufacturer or other person that
				  stores or treats the hazardous secondary material subject to the provisions of
				  this subpart shall comply with the test methods and procedural requirements
				  provided in this section.
(b) When
				  a closed-vent system is tested for compliance with no detectable emissions, as
				  required in section 261.1033(l) of this subpart, the test shall comply with the
				  following requirements:
(1) Monitoring shall
				  comply with Reference Method 21 in 40 CFR part 60.
(2) The detection instrument shall meet the
				  performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before
				  use on each day of its use by the procedures specified in Reference Method
				  21.
(4) Calibration gases shall be:
(i) Zero air (less than ten (10) parts per
				  million (ppm) of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
				  at a concentration of approximately, but less than, ten thousand (10,000) ppm
				  methane or n-hexane.
(5)
				  The background level shall be determined as set forth in Reference Method
				  21.
(6) The instrument probe shall
				  be traversed around all potential leak interfaces as close to the interface as
				  possible as described in Reference Method 21.
(7) The arithmetic difference between the
				  maximum concentration indicated by the instrument and the background level is
				  compared with five hundred (500) ppm for determining compliance.
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1035 - Recordkeeping requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) Each remanufacturer or other person that
				  stores or treats the hazardous secondary material subject to the provisions of
				  this subpart shall comply with the recordkeeping requirements of this
				  section.
(2) A remanufacturer or
				  other person that stores or treats the hazardous secondary material of more
				  than one (1) hazardous secondary material management unit subject to the
				  provisions of this subpart may comply with the recordkeeping requirements for
				  these hazardous secondary material management units in one recordkeeping system
				  if the system identifies each record by each hazardous secondary material
				  management unit.
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1036 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1037 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1038 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
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 AA - AIR EMISSION STANDARDS FOR PROCESS VENTS › Section 61-79.261.AA.1039 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024