South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.273 - UNIVERSAL WASTE RULE › Subpart G - PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273 › Section 61-79.273.G.81 - Factors for Petitions to Include Other Wastes under 40 CFR Part 273

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The waste or
				  category of waste, as generated by a wide variety of generators, is listed in
				  subpart D of part 261 of this chapter, or (if not listed) a proportion of the
				  waste stream exhibits one or more characteristics of hazardous waste identified
				  in subpart C of part 261 of this chapter. (When a characteristic waste is added
				  to the universal waste regulations of this part 273 by using a generic name to
				  identify the waste category (e.g., hazardous waste batteries), the definition
				  of universal waste in 260.10 of this chapter and 273.9 will be amended to
				  include only the hazardous waste portion of the waste category (e.g., hazardous
				  waste batteries).) Thus, only the portion of the waste stream that does exhibit
				  one or more characteristics (i.e., is hazardous waste) is subject to the
				  universal waste regulations of this part 273;
(b) The waste or category of waste is not
				  exclusive to a specific industry or group of industries, is commonly generated
				  by a wide variety of types of establishments (including, for example,
				  households, retail and commercial businesses, office complexes, very small
				  quantity generators, small businesses, government organizations, as well as
				  large industrial facilities;
(c)
				  The waste or category of waste is generated by a large number of generators
				  (e.g., more than 1,000 nationally) and is frequently generated in relatively
				  small quantities by each generator;
(d) Systems to be used for collecting the
				  waste or category of waste (including packaging, marking, and labeling
				  practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
				  of waste during accumulation and transport is relatively low compared to other
				  hazardous wastes, and specific management standards proposed or referenced by
				  the petitioner (e.g., waste management requirements appropriate to be added to
				  40 CFR 273.13,
				  273.33, and
				  273.52; and/or
				  applicable Department of Transportation requirements) would be protective of
				  human health and the environment during accumulation and transport;
(f) Regulation of the waste or category of
				  waste under part 273 will increase the likelihood that the waste will be
				  diverted from non-hazardous waste management systems (e.g, the municipal waste
				  stream, non-hazardous industrial or commercial waste stream, municipal sewer or
				  stormwater systems) to recycling, treatment, or disposal in compliance with
				  Subtitle C of RCRA.
(g) Regulation
				  of the waste or category of waste under 40 CFR part 273 will improve
				  implementation of and compliance with the hazardous waste regulatory program;
				  and/or
(h) Such other factors as
				  may be appropriate.