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 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.21 - Petitions for equivalent testing or analytical methods

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person seeking to add a testing or
				  analytical method to part 261, 264, 265 or 266 may petition for a regulatory
				  amendment under this section and 260.20. To be successful, the person must
				  demonstrate to the satisfaction of the Department and the Regional
				  Administrator of EPA that the proposed method is equal to or superior to the
				  corresponding method prescribed in 261, 264 and 265, in terms of its
				  sensitivity, accuracy, and precision (i.e., reproducibility) (12/92).
(b) Each petition must include, in addition
				  to the information required by section260.20(b)(b):
(1) A full description of the proposed
				  method, including all procedural steps and equipment used in the
				  method;
(2) A description of the
				  types of wastes or waste matrices for which the proposed method may be
				  used;
(3) Comparative results
				  obtained from using the proposed method with those obtained from using the
				  relevant or corresponding methods prescribed in R.61-79.261, R.61-79.264, or
				  R.61-79.265 of this chapter;
(4) An
				  assessment of any factors which may interfere with, or limit the use of, the
				  proposed method; and
(5) A
				  description of the quality control procedures necessary to ensure the
				  sensitivity, accuracy and precision of the proposed method.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.22 - Petitions to amend part 261 to exclude a waste produced at a particular facility

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any
				  person seeking to exclude a waste at a particular generating facility from the
				  lists in 261 subpart D may petition for a regulatory amendment under this
				  section and section260.20 to be successful:
(1) The petitioner must demonstrate to the
				  satisfaction of the Department and to the Regional Administrator of EPA that
				  the waste produced by a particular generating facility does not meet any of the
				  criteria under which the waste was listed as a hazardous or an acutely
				  hazardous waste; and
(2) Based on a
				  complete application, the Department and the Regional Administrator must
				  determine, where it has a reasonable basis to believe that factors (including
				  additional constituents) other than those for which the waste was listed could
				  cause the waste to be a hazardous waste, that such factors do not warrant
				  retaining the waste as a hazardous waste. A waste which is so excluded,
				  however, still may be a hazardous waste by operation of subpart C of
				  261.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.23 - Petitions to amend 40 CFR part 273 to include additional hazardous wastes

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person
				  seeking to add a hazardous waste or a category of hazardous waste to the
				  universal waste regulations of 40 CFR 273 may petition for a regulatory
				  amendment under this section,
				  40 CFR
				  260.20, and subpart G of 40 CFR part
				  273.
(b) To be successful, the
				  petitioner must demonstrate to the satisfaction of the Administrator that
				  regulation under the universal waste regulations of 40 CFR part 273: Is
				  appropriate for the waste or category of waste; will improve management
				  practices for the waste or category of waste; and will improve implementation
				  of the hazardous waste program. The petition must include the information
				  required by
				  40 CFR
				  260.20(b). The petition
				  should also address as many of the factors listed in
				  40
				  CFR 273.81 as are appropriate for the waste
				  or category of waste addressed in the petition.
(c) The Administrator will grant or deny a
				  petition using the factors listed in
				  40
				  CFR 273.81. The decision will be based on the
				  weight of evidence showing that regulation under 40 CFR part 273 is appropriate
				  for the waste or category of waste, will improve management practices for the
				  waste or category of waste, and will improve implementation of the hazardous
				  waste program.
(d) The
				  Administrator may request additional information needed to evaluate the merits
				  of the petition.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.30 - Non-waste determinations and variances from classification as a solid waste

Current through Register Vol. 48, No. 6, June 28, 2024
In accordance with the standards and criteria in sections
					 260.31 and 260.34 and the procedures in section 260.33, the Department may
					 determine on a case by case basis that the following recycled materials are not
					 solid wastes:
(a) Materials that are
				  accumulated speculatively without sufficient amounts being recycled (as defined
				  in section 261.1(c)(8);
(b)
				  Materials that are reclaimed and then reused within the original production
				  process in which they were generated;
(c) Materials that have been reclaimed but
				  must be reclaimed further before the materials are completely
				  recovered;
(d) Hazardous secondary
				  materials that are reclaimed in a continuous industrial process; and
(e) Hazardous secondary materials that are
				  indistinguishable in all relevant aspects from a product or
				  intermediate.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.31 - Standards and criteria for variances from classification as a solid waste

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Department
				  may grant requests for a variance from classifying as a solid waste those
				  materials that are accumulated speculatively without sufficient amounts being
				  recycled if the applicant demonstrates that sufficient amounts of the material
				  will be recycled or transferred for recycling in the following year. If a
				  variance is granted, it is valid only for the following year, but can be
				  renewed, on an annual basis, by filing a new application. The Department's
				  decision will be based on the following criteria: (revised 5/96)
(1) The manner in which the material is
				  expected to be recycled, when the material is expected to be recycled, and
				  whether this expected disposition is likely to occur (for example, because of
				  past practice, market factors, the nature of the material, or contractual
				  arrangements for recycling);
(2)
				  The reason that the applicant has accumulated the material for one or more
				  years without recycling 75 percent of the volume accumulated at the beginning
				  of the year;
(3) The quantity of
				  material already accumulated and the quantity expected to be generated and
				  accumulated before the material is recycled;
(4) The extent to which the material is
				  handled to minimize loss; and
(5)
				  Other relevant factors.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.32 - Variance to be classified as a boiler

Current through Register Vol. 48, No. 6, June 28, 2024
In accordance with the standards and criteria in
					 Section260.10 (definition of "boiler"), and the procedures in Section260.33,
					 the Department may determine on a case-by-case basis that certain enclosed
					 devices using controlled flame combustion are boilers, even though they do not
					 otherwise meet the definition of boiler contained in Section260.10, after
					 considering the following criteria:
(a) The extent to which the unit has
				  provisions for recovering and exporting thermal energy in the form of steam,
				  heated fluids, or heated gases; and
(b) The extent to which the combustion
				  chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery,
				  calculated in terms of the recovered energy compared with the thermal value of
				  the fuel; and
(d) The extent to
				  which exported energy is utilized; and
(e) The extent to which the device is in
				  common and customary use as a "boiler" functioning primarily to produce steam,
				  heated fluids, or heated gases; and
(f) Other factors, as appropriate.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.33 - Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations

Current through Register Vol. 48, No. 6, June 28, 2024
The Department will use the following procedures in
					 evaluating applications for variances from classification as a solid waste,
					 applications to classify particular enclosed controlled flame combustion
					 devices as boilers, or applications for non-waste determinations.
(a) The applicant must apply to the
				  Department for the variance or non-waste determination. The application must
				  address the relevant criteria contained in sections 260.31, 260.32, or 260.34,
				  as applicable.
(b) The Department
				  will evaluate the application and issue a draft notice tentatively granting or
				  denying the application. Notification of this tentative decision will be
				  provided by newspaper advertisement and radio broadcast in the locality where
				  the recycler is located. The Department will accept comment on the tentative
				  decision for 30 days, and may also hold a public hearing upon request or at its
				  discretion. The Department will issue a final decision after receipt of
				  comments and after the hearing (if any). (revised 5/96)
(c) In the event of a change in circumstances
				  that affect how a hazardous secondary material meets the relevant criteria
				  contained in Section 260.31, Section 260.32, or Section 260.34 upon which a
				  variance or non-waste determination has been based, the applicant must send a
				  description of the change in circumstances to the Department. The Department
				  may issue a determination that the hazardous secondary material continues to
				  meet the relevant criteria of the variance or non-waste determination or may
				  require the facility to re-apply for the variance or non-waste
				  determination.
(d) Variances and
				  non-waste determinations shall be effective for a fixed term not to exceed ten
				  (10) years. No later than six (6) months prior to the end of this term,
				  facilities must re-apply for a variance or non-waste determination. If a
				  facility re-applies for a variance or non-waste determination within six (6)
				  months, the facility may continue to operate under an expired variance or
				  non-waste determination until receiving a decision on their re-application from
				  the Department.
(e) Facilities
				  receiving a variance or non-waste determination must provide notification as
				  required by Section 260.42 of this chapter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.34 - Standards and criteria for non-waste determinations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An applicant may apply to the Department
				  for a formal determination that a hazardous secondary material is not discarded
				  and therefore not a solid waste. The determinations will be based on the
				  criteria contained in paragraphs (b) or (c) of this section, as applicable. If
				  an application is denied, the hazardous secondary material might still be
				  eligible for a solid waste variance or exclusion (for example, one of the solid
				  waste variances under section 260.31).
(b) The Department may grant a non-waste
				  determination for hazardous secondary material which is reclaimed in a
				  continuous industrial process if the applicant demonstrates that the hazardous
				  secondary material is a part of the production process and is not discarded.
				  The determination will be based on whether the hazardous secondary material is
				  legitimately recycled as specified in section 260.43 and on the following
				  criteria:
(1) The extent that the management
				  of the hazardous secondary material is part of the continuous primary
				  production process and is not waste treatment;
(2) Whether the capacity of the production
				  process would use the hazardous secondary material in a reasonable time frame
				  and ensure that the hazardous secondary material will not be abandoned (for
				  example, based on past practices, market factors, the nature of the hazardous
				  secondary material, or any contractual arrangements);
(3) Whether the hazardous constituents in the
				  hazardous secondary material are reclaimed rather than released to the air,
				  water, or land at significantly higher levels from either a statistical or from
				  a health and environmental risk perspective than would otherwise be released by
				  the production process; and
(4)
				  Other relevant factors that demonstrate the hazardous secondary material is not
				  discarded, including why the hazardous secondary material cannot meet, or
				  should not have to meet, the conditions of an exclusion under sections 261.2 or
				  261.4.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.40 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  Department may decide on a case-by-case basis that persons accumulating or
				  storing the recyclable materials described in
				  R.61-79.261.6(a)(2)(iii)(a)(2)(iii)should be regulated under R.61-79.261.6 (b)
				  and (c) of this chapter. The basis for this decision is that if the materials
				  are being accumulated or stored in a manner that does not protect human health
				  and the environment because the materials or their toxic constituents have not
				  been adequately contained, or because the materials being accumulated or stored
				  together are incompatible. In making this decision, the Department will
				  consider the following factors:
(1) The types
				  of materials accumulated or stored and the amounts accumulated or
				  stored;
(2) The method of
				  accumulation or storage;
(3) The
				  length of time the materials have been accumulated or stored before being
				  reclaimed;
(4) Whether any
				  contaminants are being released into the environment, or are likely to be so
				  released; and
(5) Other relevant
				  factors.
The procedures for this decision are set forth in
					 Section260.41 below of these Regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.41 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through Register Vol. 48, No. 6, June 28, 2024
The Department will use the following procedures when
					 determining whether to regulate hazardous waste recycling activities described
					 in R.61-79.261.6(a)(2)(iii)(a)(2)(iii)under the provisions of R.61-79.261.6 (b)
					 and (c), rather than under the provisions of subpart F of R.61-79.266.
(a) If a generator is accumulating the waste,
				  the Department will issue a notice setting forth the factual basis for the
				  decision and stating that the person must comply with the applicable
				  requirements of subparts A, C, D, and E of R.61-79.262. The notice will become
				  final within thirty (30) days, unless the person served requests a public
				  hearing to challenge the decision. Upon receiving such a request, the
				  Department will hold a public hearing. The Department will provide notice of
				  the hearing to the public and allow public participation at the hearing. The
				  Department will issue a final order after the hearing stating whether or not
				  compliance with part 262 is required. The order becomes effective 30 days after
				  service of the decision unless the Department specifies a later date or unless
				  review by the Department is requested. The order may be appealed to the
				  Department by any person who participated in the public hearing. The Department
				  may choose to grant or to deny the appeal. Final Department action occurs when
				  a final order is issued and Department review procedures are
				  exhausted.
(b) If the person is
				  accumulating the recyclable material as a storage facility, the notice will
				  state that the person must obtain a permit in accordance with all applicable
				  provisions of R.61-79.270 and R.61-79.124. The owner or operator of the
				  facility must apply for a permit under these regulations within no less than 60
				  days and no more than six months of notice, as specified in the notice. If the
				  owner or operator of the facility wishes to challenge the Department's
				  decision, he may do so in his permit application, in a public hearing held on
				  the draft permit, or in comments filed on the draft permit or on the notice of
				  intent to deny the permit. The fact sheet accompanying the permit will specify
				  the reasons for the Department's determination. The question of whether the
				  Department's decision was proper will remain open for consideration during the
				  public comment period discussed under 124.11 of this chapter and in any
				  subsequent hearing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.42 - Notification requirement for hazardous secondary materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Facilities managing hazardous secondary
				  materials under sections 260.30, 261.4(a)(23), 261.4(a)(24), 261.4(a)(25), or
				  261.4(a)(27) must send a notification prior to operating under the regulatory
				  provision and by March 1 of each even-numbered year thereafter to the
				  Department using EPA Form 8700-12 that includes the following information:
(1) The name, address, and EPA ID number (if
				  applicable) of the facility;
(2)
				  The name and telephone number of a contact person;
(3) The NAICS code of the facility;
(4) The regulation under which the hazardous
				  secondary materials will be managed;
(5) For reclaimers and intermediate
				  facilities managing hazardous secondary materials in accordance with
				  section261.4(a)(24) or (25), whether the reclaimer or intermediate facility has
				  financial assurance (not applicable for persons managing hazardous secondary
				  materials generated and reclaimed under the control of the
				  generator);
(6) When the facility
				  began or expects to begin managing the hazardous secondary materials in
				  accordance with the regulation;
(7)
				  A list of hazardous secondary materials that will be managed according to the
				  regulation (reported as the EPA hazardous waste numbers that would apply if the
				  hazardous secondary materials were managed as hazardous wastes);
(8) For each hazardous secondary material,
				  whether the hazardous secondary material, or any portion thereof, will be
				  managed in a land-based unit;
(9)
				  The quantity of each hazardous secondary material to be managed annually;
				  and
(10) The certification
				  (included in EPA Form 8700-12) signed and dated by an authorized representative
				  of the facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL › Subpart C - RULEMAKING PETITIONS › Section 61-79.260.C.43 - Legitimate recycling of hazardous secondary materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Recycling of hazardous secondary
				  materials for the purpose of the exclusions or exemptions from the hazardous
				  waste regulations must be legitimate. Hazardous secondary material that is not
				  legitimately recycled is discarded material and is a solid waste. In
				  determining if their recycling is legitimate, persons must address all the
				  requirements of this paragraph and must consider the requirements of paragraph
				  (b) of this section.
(1) Legitimate recycling
				  must involve a hazardous secondary material that provides a useful contribution
				  to the recycling process or to a product or intermediate of the recycling
				  process. The hazardous secondary material provides a useful contribution if it:
(i) Contributes valuable ingredients to a
				  product or intermediate; or
(ii)
				  Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent
				  recovered in the recycling process; or
(iv) Is recovered or regenerated by the
				  recycling process; or
(v) Is used
				  as an effective substitute for a commercial product.
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.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  This part identifies those solid wastes which are subject to regulation as
				  hazardous wastes under Regulations R.61-79.124, .262 through .266, .268, .270,
				  and 40 CFR 271, and which are subject to the notification requirements of the
				  South Carolina Hazardous Waste Management Act Section
				  44-56-120
				  and section 3010 of RCRA. In this part: (revised 11/90; 12/92)
(1) Subpart A defines the terms "solid waste"
				  and "hazardous waste", identifies those wastes which are excluded from
				  regulation under R.61-79.262 through 266, 268, and 270, and establishes special
				  management requirements for hazardous waste produced by very small quantity
				  generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by
				  the Department to identify characteristics of hazardous waste and to list
				  particular hazardous wastes.
(3)
				  Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous
				  wastes.
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.2 - Definition of solid waste

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) A solid waste is any discarded material
				  that is not excluded by Section 261.4(a) or that is not excluded by variance
				  granted under R.61-79.260.30 and 260.31, or that is not excluded by a non-waste
				  determination under R.61-79.260.30 and 260.34.
(2) A discarded material is any material
				  which is:
(i) A discarded material is any
				  material that is:
(A) Abandoned, as explained
				  in paragraph (b) of this section; or
(B) Recycled, as explained in paragraph (c)
				  of this section; or
(C) Considered
				  inherently waste-like, as explained in paragraph (d) of this section;
				  or
(D) A military munition
				  identified as a solid waste in section 266.202.
(ii) [Reserved]
(iii) Considered inherently waste-like, as
				  explained in paragraph (d) of this section; or
(iv) A "military munition" identified as a
				  solid waste in 266.202.
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.4 - Exclusions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Materials which
				  are not solid wastes. The following materials are not solid wastes for the
				  purpose of this part:
(1)
(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
				  wastes that passes through a sewer system to a publicly owned treatment works
				  for treatment, except as prohibited by section 266.505 and Clean Water Act
				  requirements at R.61-9.403.5(b)(1).
				  "Domestic sewage" means untreated sanitary wastes that pass through a sewer
				  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 A - GENERAL › Section 61-79.261.A.5 - 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 A - GENERAL › Section 61-79.261.A.6 - Requirements for recyclable materials

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1)
				  Hazardous wastes that are recycled are subject to the requirements for
				  generators, transporters, and storage facilities of paragraphs (b) and (c) of
				  this section, except for the materials listed in paragraphs (a)(2) and (a)(3)
				  of this section. Hazardous wastes that are recycled will be known as
				  "recyclable materials."
(2) The
				  following recyclable materials are not subject to the requirements of this
				  section but are regulated under subparts C through N of R.61-79.266 and all
				  applicable provisions in R.61-79.268, 270, and 124.
(i) Recyclable materials used in a manner
				  constituting disposal (R.61-79.266 subpart C);
(ii) Hazardous wastes burned (as defined in
				  section 266.100(a)) in boilers and industrial furnaces that are not regulated
				  under subpart O of R.61-79.264 or 265 (R.61-79.266 subpart H);
(iii) Recyclable materials from which
				  precious metals are reclaimed (R.61-79.266 subpart F);
(iv) Spent lead-acid batteries that are being
				  reclaimed (R.61-79.266 subpart G).
(3) The following recyclable materials are
				  not subject to regulation under R.61-79.124, 262 through 268, or 270 and are
				  not subject to the notification requirements of the South Carolina Hazardous
				  Waste Management Act 44-56-120 and section 3010 RCRA.
(4) Used oil that is recycled and is also a
				  hazardous waste solely because it exhibits a hazardous characteristic is not
				  subject to the requirements of parts 260 through 268, but is regulated under
				  R.61-79.107.279.11. Used oil that is recycled includes any used oil which is
				  reused, following its original use, for any purpose (including the purpose for
				  which the oil was originally used). Such term includes, but is not limited to,
				  oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
				  (12/93)
(5) Hazardous waste that is
				  exported or imported for purpose of recovery is subject to the requirements of
				  R.61-79.262 subpart H.
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.7 - Residues of hazardous waste in empty containers

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) Any
				  hazardous waste remaining in either (i) an empty container or (ii) an inner
				  liner removed from an empty container, as defined in paragraph (b) of this
				  section , is not subject to regulation under R.61-79.261 through R.61-79.266,
				  or R.61-79.268, R.61-79.124, and R.61-79.270 or to the notification
				  requirements of section 3010RCRA and the South Carolina Hazardous Waste
				  Management Act 44-56-120. (amended 11/90)
(2) Any hazardous waste in either (i) a
				  container that is not empty or (ii) an inner liner removed from a container
				  that is not empty, as defined in paragraph (b) of this section , is subject to
				  regulation under R.61-79.261 through R.61-79.266, and R.61-79.268, R.61-79.124,
				  and R.61-79.270 and to the notification requirements of section 3010RCRA and
				  the South Carolina Hazardous Waste Management Act 44-56-120. (amended
				  11/90)
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.8 - PCB wastes regulated under Toxic Substance Control Act

Current through Register Vol. 48, No. 6, June 28, 2024
The disposal of PCB-containing dielectric fluid and
					 electric equipment containing such fluid authorized for use and regulated under
					 40 CFR 761 and that are hazardous only because they fail the test for the
					 Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are
					 exempt from regulation under parts 261 through 266, and parts 268, 270, and
					 124, and the notification requirements of section3010 of RCRA and the South
					 Carolina Hazardous Waste Management Act 44-56-120. (amended
					 11/90)
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.9 - Requirements for Universal Waste

Current through Register Vol. 48, No. 6, June 28, 2024
The wastes listed in this section are exempt from
					 regulation under parts 262 through 270 except as specified in part 273 and,
					 therefore, are not fully regulated as hazardous waste. The wastes listed in
					 this section are subject to regulation under 273:
(a) Batteries as described in
				  273.2;
(b) Pesticides as described
				  in 273.3;
(c) Mercury-containing
				  equipment as described in 273.4;
(d)
				  Lamps as described in 273.5; and
(e)
				  Aerosol cans as described in 273.6 of this chapter.
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 B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES › Section 61-79.261.B.10 - Criteria for identifying the characteristics of hazardous waste

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Department
				  shall identify and define a characteristic of hazardous waste in subpart C only
				  upon determination that:
(1) A solid waste
				  that exhibits the characteristic may:
(i)
				  Cause, or significantly contribute to, an increase in mortality or an increase
				  in serious irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
				  hazard to human health or the environment when it is improperly treated,
				  stored, transported, disposed of or otherwise managed; and
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 C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 61-79.261.C.20 - General

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A solid waste,
				  as defined in section261.2, which is not excluded from regulation as a
				  hazardous waste under section261.4(b)(b), is a hazardous waste if it exhibits
				  any of the characteristics identified in this subpart.
[Comment: 262.11 of this chapter sets forth the generators
					 responsibility to determine whether his waste exhibits one or more of the
					 characteristics identified in this subpart]
(b) A hazardous waste which is identified by
				  a characteristic in this subpart is assigned every EPA Hazardous Waste Number
				  that is applicable as set forth in this subpart. This number must be used in
				  complying with the notification requirements of section3010 of the Act and all
				  applicable recordkeeping and reporting requirements under R.61-79.262 through
				  R.61-79.266, R.61-79.268, R.61-79.270 and the notification requirements of the
				  South Carolina Hazardous Waste Management Act 44-56-120 (amended
				  11/90).
(c) For purposes of this
				  subpart, the Department will consider a sample obtained using any of the
				  applicable sampling methods specified in Appendix I to be a representative
				  sample within the meaning of R.61-79.260.
[Comment: Since the appendix I sampling methods are not
					 being formally adopted by the Department, a person who desires to employ an
					 alternative sampling method is not required to demonstrate the equivalency of
					 his method under the procedures set forth in 260.20 and
					 260.21.]
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 C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 61-79.261.C.22 - Characteristic of corrosivity

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
(1) It is aqueous and has a pH less than or
				  equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
				  Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," EPA Publication SW-846, as incorporated by reference in 260.11.
				  (12/93)
(2) It is a liquid and
				  corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year
				  at a test temperature of 55°C (130°F) as determined by the test method
				  specified in NACE (National Association of Corrosion Engineers) Standard
				  TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods," EPA publication SW-846, incorporated by reference
				  in R.61-79.260.11 (revised 12/93)
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 C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 61-79.261.C.23 - Characteristic of reactivity

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
				  solid waste exhibits the characteristic of reactivity if a representative
				  sample of the waste has any of the following properties:
(1) It is normally unstable and readily
				  undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures
				  with water.
(4) When mixed with
				  water, it generates toxic gases, vapors or fumes in a quantity sufficient to
				  present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste
				  which, when exposed to pH conditions between 2 and 12.5, can generate toxic
				  gases, vapors or fumes in a quantity sufficient to present a danger to human
				  health or the environment.
(6) It
				  is capable of detonation or explosive reaction if it is subjected to a strong
				  initiating source or if heated under confinement.
(7) It is readily capable of detonation or
				  explosive decomposition or reaction at standard temperature and
				  pressure.
(8) It is a forbidden
				  explosive as defined in
				  49 CFR
				  173.54, or is a Division 1.1, 1.2 or 1.3
				  explosive as defined in
				  49 CFR 173.50
				  and
				  173.53.
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 D - LISTS OF TOXIC HAZARDOUS WASTES › Section 61-79.261.D.30 - General

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A solid waste
				  is a hazardous waste if it is listed in this Subpart, unless it has been
				  excluded from this list under R.61-79.260.20 and 260.22.
(b) The Department will indicate the basis
				  for listing the classes or types of wastes listed in this Subpart by employing
				  one or more of the following Hazard Codes:
Ignitable Waste
								  ....................................................
(I)
Corrosive Waste
								  ....................................................
(C)
Reactive Waste
								  .....................................................
(R)
Toxicity Characteristic Waste
								  ......................................
(E)
Acute Hazardous Waste
								  ..............................................
(H)
Toxic Waste
								  ........................................................
(T)
Appendix VII identifies the constituent which caused the
					 Department to list the waste as a Toxic Characteristic (E) or Toxic Waste (T)
					 in Sections 261.31 and 261.32.
(c) Each hazardous waste listed in this
				  Subpart is assigned an EPA Hazardous Waste Number which precedes the name of
				  the waste. This number must be used in complying with notification requirements
				  and certain recordkeeping and reporting requirements under R.61-79.262 through
				  R.61-79.265, R.61-79.268, and R.61-79.270.
(d) The following hazardous wastes listed in
				  section 261.31 are subject to the exclusion limits for acutely hazardous wastes
				  established in section 261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023,
				  F026 and F027.
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 D - LISTS OF TOXIC HAZARDOUS WASTES › Section 61-79.261.D.35 - Deletion of certain hazardous waste codes following equipment cleaning and replacement

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Wastes from wood preserving processes at plants that do not resume or initiate
				  use of chlorophenolic preservatives will not meet the listing definition of
				  F032 once the generator has met all of the requirements of paragraphs (b) and
				  (c) of this section. These wastes may, however, continue to meet another
				  hazardous waste listing description or may exhibit one or more of the hazardous
				  waste characteristics.
(b)
				  Generators must either clean or replace all process equipment that may have
				  come into contact with chlorophenolic formulations or constituents thereof,
				  including, but not limited to, treatment cylinders, sumps, tanks, piping
				  systems, drip pads, fork lifts, and trams, in a manner that minimizes or
				  eliminates the escape of hazardous waste or constituents, leachate,
				  contaminated drippage, or hazardous waste decomposition products to the ground
				  water, surface water, or atmosphere.
(1)
				  Generators shall do one of the following:
(i)
				  Prepare and follow an equipment cleaning plan and clean equipment in accordance
				  with this section;
(ii) Prepare and
				  follow an equipment replacement plan and replace equipment in accordance with
				  this section; or
(iii) Document
				  cleaning and replacement in accordance with this section, carried out after
				  termination of use of chlorophenolic preservations.
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 E - EXCLUSIONS/EXEMPTIONS › Section 61-79.261.E.38 - Exclusion of comparable fuel and syngas fuel (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 E - EXCLUSIONS/EXEMPTIONS › Section 61-79.261.E.39 - Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling

Current through Register Vol. 48, No. 6, June 28, 2024
Used, broken CRTs are not solid wastes if they meet the
					 following conditions:
(a) Prior to
				  processing: These materials are not solid wastes if they are destined for
				  recycling and if they meet the following requirements:
(1) Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor,
				  and walls, or
(ii) Placed in a
				  container (i.e., a package or a vehicle) that is constructed, filled, and
				  closed to minimize releases to the environment of CRT glass (including fine
				  solid materials).
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 E - EXCLUSIONS/EXEMPTIONS › Section 61-79.261.E.40 - Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling

Current through Register Vol. 48, No. 6, June 28, 2024
Used, intact CRTs exported for recycling are not solid
					 wastes if they meet the notice and consent conditions of
					 Sec.261.39(a)(5)(a)(5), and if they are not speculatively accumulated as
					 defined in Sec.261.1(c)(8)(c)(8).
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 E - EXCLUSIONS/EXEMPTIONS › Section 61-79.261.E.41 - Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse

Current through Register Vol. 48, No. 6, June 28, 2024
(a) CRT
				  exporters who export used, intact CRTs for reuse must send a notification to
				  the EPA. This notification may cover export activities extending over a twelve
				  (12) month or lesser period.
(1) The
				  notification must be in writing, signed by the exporter, and include the
				  following information:
(i) Name, mailing
				  address, telephone number, and EPA ID number (if applicable) of the exporter of
				  the used, intact CRTs;
(ii) The
				  estimated frequency or rate at which the used, intact CRTs are to be exported
				  for reuse and the period of time over which they are to be exported;
(iii) The estimated total quantity of used,
				  intact CRTs specified in kilograms;
(iv) All points of entry to and departure
				  from each transit country through which the used, intact CRTs will pass, a
				  description of the approximate length of time the used, intact CRTs will remain
				  in such country, and the nature of their handling while there;
(v) A description of the means by which each
				  shipment of the used, intact CRTs will be transported (for example, mode of
				  transportation vehicle (air, highway, rail, water, etc.), type(s) of container
				  (drums, boxes, tanks, etc.));
(vi)
				  The name and address of the ultimate destination facility or facilities where
				  the used, intact CRTs will be reused, refurbished, distributed, or sold for
				  reuse and the estimated quantity of used, intact CRTs to be sent to each
				  facility, as well as the name of any alternate destination facility or
				  facilities;
(vii) A description of
				  the manner in which the used, intact CRTs will be reused (including reuse after
				  refurbishment) in the foreign country that will be receiving the used, intact
				  CRTs; and
(viii) A certification
				  signed by the CRT exporter that states:
"I certify under penalty of law that the CRTs described in
					 this notice are intact and fully functioning or capable of being functional
					 after refurbishment and that the used CRTs will be reused or refurbished and
					 reused. I certify under penalty of law that I have personally examined and am
					 familiar with the information submitted in this and all attached documents and
					 that, based on my inquiry of those individuals immediately responsible for
					 obtaining the information, I believe that the submitted information is true,
					 accurate, and complete. I am aware that there are significant penalties for
					 submitting false information, including the possibility of fine and
					 imprisonment."
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.140 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  requirements of this subpart apply to owners or operators of reclamation and
				  intermediate facilities managing hazardous secondary materials excluded under
				  section 261.4(a)(24), except as provided otherwise in this section.
(b) States and the federal government are
				  exempt from the financial assurance requirements of this subpart.
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.141 - Definitions of terms as used in this subpart

Current through Register Vol. 48, No. 6, June 28, 2024
The terms defined in section 265.141(d), (f), (g), and (h)
					 have the same meaning in this subpart as they do in section
					 265.141.