South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - GENERAL › Section 61-79.262.A.16 - Conditions for exemption for a small quantity generator that accumulates hazardous waste

Current through Register Vol. 48, No. 6, June 28, 2024
A small quantity generator may accumulate hazardous waste
					 on site without a permit or interim status, and without complying with the
					 requirements of R.61-79.124, 264 through 266, and 270, or the notification
					 requirements of the SC Hazardous Waste Management Act 44-56-120 and section
					 3010 of the RCRA, provided that all the conditions for exemption listed in this
					 section are met:
(a) Generation. The
				  generator generates in a calendar month no more than the amounts specified in
				  the definition of "small quantity generator" in R.61-79.260.10.
(b) Accumulation. The generator accumulates
				  hazardous waste on site for no more than one hundred eighty (180) days, unless
				  in compliance with the conditions for exemption for longer accumulation in
				  paragraphs (d) and (e) of this section. The following accumulation conditions
				  also apply:
(1) Accumulation limit. The
				  quantity of hazardous waste accumulated on site never exceeds six thousand
				  (6,000) kilograms (13,200 pounds);
(2) Accumulation of hazardous waste in
				  containers-
(i) Condition of containers. If a
				  container holding hazardous waste is not in good condition, or if it begins to
				  leak, the small quantity generator must immediately transfer the hazardous
				  waste from this container to a container that is in good condition, or
				  immediately manage the waste in some other way that complies with the
				  conditions for exemption of this section.
(ii) Compatibility of waste with container.
				  The small quantity generator must use a container made of or lined with
				  materials that will not react with, and are otherwise compatible with, the
				  hazardous waste to be accumulated, so that the ability of the container to
				  contain the waste is not impaired.
(iii) Management of containers.
(A) A container holding hazardous waste must
				  always be closed during accumulation, except when it is necessary to add or
				  remove waste.
(B) A container
				  holding hazardous waste must not be opened, handled, or accumulated in a manner
				  that may rupture the container or cause it to leak.
(C) A generator may not stack containers of
				  hazardous waste more than two containers high without first obtaining written
				  approval from the Department.
(iv) Inspections. At least weekly, the small
				  quantity generator must inspect central accumulation areas. The small quantity
				  generator must look for leaking containers and for deterioration of containers
				  caused by corrosion or other factors. See paragraph (b)(2)(i) of this section
				  for remedial action required if deterioration or leaks are detected.
(v) Special conditions for accumulation of
				  incompatible wastes.
(A) Incompatible wastes,
				  or incompatible wastes and materials, (see appendix V of R.61-79.265 for
				  examples) must not be placed in the same container, unless section 265.17(b) is
				  complied with.
(B) Hazardous waste
				  must not be placed in an unwashed container that previously held an
				  incompatible waste or material (see appendix V of R.61-79.265 for examples),
				  unless section 265.17(b) is complied with.
(C) A container accumulating hazardous waste
				  that is incompatible with any waste or other materials accumulated or stored
				  nearby in other containers, piles, open tanks, or surface impoundments must be
				  separated from the other materials or protected from them by means of a dike,
				  berm, wall, or other device.
(3) Accumulation of hazardous waste in tanks.
(i) [Reserved].
(ii) A small quantity generator of hazardous
				  waste must comply with the following general operating conditions:
(A) Treatment or accumulation of hazardous
				  waste in tanks must comply with section 265.17(b).
(B) Hazardous wastes or treatment reagents
				  must not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
(C) Uncovered tanks must be
				  operated to ensure at least sixty (60) centimeters (2 feet) of freeboard,
				  unless the tank is equipped with a containment structure (e.g., dike or
				  trench), a drainage control system, or a diversion structure (e.g., standby
				  tank) with a capacity that equals or exceeds the volume of the top sixty (60)
				  centimeters (2 feet) of the tank.
(D) Where hazardous waste is continuously fed
				  into a tank, the tank must be equipped with a means to stop this inflow (e.g.,
				  waste feed cutoff system or by-pass system to a stand-by tank).
(iii) Except as noted in paragraph
				  (b)(3)(iv) of this section, a small quantity generator that accumulates
				  hazardous waste in tanks must inspect, where present:
(A) Discharge control equipment (e.g., waste
				  feed cutoff systems, by-pass systems, and drainage systems) at least once each
				  operating day, to ensure that it is in good working order;
(B) Data gathered from monitoring equipment
				  (e.g., pressure and temperature gauges) at least once each operating day to
				  ensure that the tank is being operated according to its design;
(C) The level of waste in the tank at least
				  once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of
				  this section;
(D) The construction
				  materials of the tank at least weekly to detect corrosion or leaking of
				  fixtures or seams; and
(E) The
				  construction materials of, and the area immediately surrounding, discharge
				  confinement structures (e.g., dikes) at least weekly to detect erosion or
				  obvious signs of leakage (e.g., wet spots or dead vegetation). The generator
				  must remedy any deterioration or malfunction of equipment or structures which
				  the inspection reveals on a schedule which ensures that the problem does not
				  lead to an environmental or human health hazard. Where a hazard is imminent or
				  has already occurred, remedial action must be taken immediately.
(iv) A small quantity generator
				  accumulating hazardous waste in tanks or tank systems that have full secondary
				  containment and that either use leak detection equipment to alert personnel to
				  leaks, or implement established workplace practices to ensure leaks are
				  promptly identified, must inspect at least weekly, where applicable, the areas
				  identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the
				  alternate inspection schedule must be documented in the generator's operating
				  record. This documentation must include a description of the established
				  workplace practices at the generator.
(v) [Reserved].
(vi) A small quantity generator accumulating
				  hazardous waste in tanks must, upon closure of the facility, remove all
				  hazardous waste from tanks, discharge control equipment, and discharge
				  confinement structures. At closure, as throughout the operating period, unless
				  the small quantity generator can demonstrate, in accordance with section
				  261.3(c) or (d), that any solid waste removed from its tank is not a hazardous
				  waste, then it must manage such waste in accordance with all applicable
				  provisions of R.61-79.262, 263, 265 and 268.
(vii) A small quantity generator must comply
				  with the following special conditions for accumulation of ignitable or reactive
				  waste:
(A) Ignitable or reactive waste must
				  not be placed in a tank, unless:
(1) The waste
				  is treated, rendered, or mixed before or immediately after placement in a tank
				  so that the resulting waste, mixture, or dissolution of material no longer
				  meets the definition of ignitable or reactive waste under R.61-79.261.21 or
				  R.61-79.261.23 and R.61-79.265.17(b) is complied with; or
(2) The waste is accumulated or treated in
				  such a way that it is protected from any material or conditions that may cause
				  the waste to ignite or react; or
(3) The tank is used solely for
				  emergencies.
(B) A small
				  quantity generator which treats or accumulates ignitable or reactive waste in
				  covered tanks must comply with the buffer zone requirements for tanks contained
				  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 R.61-79.260.11).
(C)
				  A small quantity generator must comply with the following special conditions
				  for incompatible wastes:
(1) Incompatible
				  wastes, or incompatible wastes and materials, (see appendix V of R.61-79.265
				  for examples) must not be placed in the same tank, unless R.61-79.265.17(b) of
				  this chapter is complied with.
(2)
				  Hazardous waste must not be placed in an unwashed tank that previously held an
				  incompatible waste or material, unless 265.17(b) of this chapter is complied
				  with.
(4) Accumulation of hazardous waste on drip
				  pads. If the waste is placed on drip pads, the small quantity generator must
				  comply with the following:
(i) Subpart W of
				  R.61-79.265 (except R.61-79. 265.445(c));
(ii) The small quantity generator must remove
				  all wastes from the drip pad at least once every ninety (90) days. Any
				  hazardous wastes that are removed from the drip pad at least once every ninety
				  (90) days are then subject to the one hundred eighty (180)-day accumulation
				  limit in paragraph (b) of this section and R.61-79.262.15 if hazardous wastes
				  are being managed in satellite accumulation areas prior to being moved to the
				  central accumulation area; and
(iii) The small quantity generator must
				  maintain on site at the facility the following records readily available for
				  inspection:
(A) A written description of
				  procedures that are followed to ensure that all wastes are removed from the
				  drip pad and associated collection system at least once every ninety (90) days;
				  and
(B) Documentation of each waste
				  removal, including the quantity of waste removed from the drip pad and the sump
				  or collection system and the date and time of removal.
(5) Accumulation of hazardous
				  waste in containment buildings. If the waste is placed in containment
				  buildings, the small quantity generator must comply with of R.61-79.265 subpart
				  DD. The generator must label its containment buildings with the words
				  "Hazardous Waste" in a conspicuous place easily visible to employees, visitors,
				  emergency responders, waste handlers, or other persons on site and also in a
				  conspicuous place provide an indication of the hazards of the contents
				  (examples include, but are not limited to, the applicable hazardous waste
				  characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704).The
				  generator must also maintain:
(i) The
				  professional engineer certification that the building complies with the design
				  standards specified in R.61-79.265.1101. This certification must be in the
				  generator's files prior to operation of the unit; and
(ii) The following records by use of
				  inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
				  ensure that each waste volume remains in the unit for no more than ninety (90)
				  days, a written description of the waste generation and management practices
				  for the facility showing that the generator is consistent with maintaining the
				  ninety (90) day limit, and documentation that the procedures are complied with;
				  or
(B) Documentation that the unit
				  is emptied at least once every ninety (90) days.
(C) Inventory logs or records with the above
				  information must be maintained on site and readily available for
				  inspection.
(6) Labeling and marking of containers and
				  tanks-
(i) Containers. A small quantity
				  generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) An indication of the hazards of the
				  contents (examples include, but are not limited to, the applicable hazardous
				  waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704);
				  and
(C) The date upon which each
				  period of accumulation begins clearly visible for inspection on each
				  container.
(ii) Tanks. A
				  small quantity generator accumulating hazardous waste in tanks must do the
				  following:
(A) Mark or label its tanks with
				  the words "Hazardous Waste";
(B)
				  Mark or label its tanks with an indication of the hazards of the contents
				  (examples include, but are not limited to, the applicable hazardous waste
				  characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within
				  one hundred eighty (180) days of first entering the tank if using a batch
				  process, or in the case of a tank with a continuous flow process, demonstrate
				  that estimated volumes of hazardous waste entering the tank daily exit the tank
				  within one hundred eighty (180) days of first entering; and
(D) Keep inventory logs or records with the
				  above information on site and readily available for inspection.
(7) Land disposal
				  restrictions. A small quantity generator must comply with all the applicable
				  requirements under R.61-79.268.
(8)
				  Preparedness and prevention-
(i) Maintenance
				  and operation of facility. A small quantity generator must maintain and operate
				  its facility to minimize the possibility of a fire, explosion, or any unplanned
				  sudden or non-sudden release of hazardous waste or hazardous waste constituents
				  to air, soil, or surface water which could threaten human health or the
				  environment.
(ii) Required
				  equipment. All areas where hazardous waste is either generated or accumulated
				  must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this
				  section (unless none of the hazards posed by waste handled at the facility
				  could require a particular kind of equipment specified below or the actual
				  waste generation or accumulation area does not lend itself for safety reasons
				  to have a particular kind of equipment specified below). A small quantity
				  generator may determine the most appropriate locations to locate equipment
				  necessary to prepare for and respond to emergencies.
(A) An internal communications or alarm
				  system capable of providing immediate emergency instruction (voice or signal)
				  to facility personnel;
(B) 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;
(C) 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
(D) Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
(iii) Testing and maintenance of equipment.
				  All communications or alarm systems, fire protection equipment, spill control
				  equipment, and decontamination equipment, where required, must be tested and
				  maintained as necessary to assure its proper operation in time of
				  emergency.
(iv) Access to
				  communications or alarm system.
(A) Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation must have immediate access (e.g., direct or
				  unimpeded access) to an internal alarm or emergency communication device,
				  either directly or through visual or voice contact with another employee,
				  unless such a device is not required under paragraph (a)(8)(ii) of this
				  section.
(B) In the event there is
				  just one employee on the premises while the facility is operating, the employee
				  must have immediate access (e.g., direct or unimpeded access) to a device, such
				  as a telephone (immediately available at the scene of operation) or a hand-held
				  two-way radio, capable of summoning external emergency assistance, unless such
				  a device is not required under paragraph (a)(8)(ii) of this section.
(v) Required aisle space. The
				  small quantity generator must maintain aisle space to allow the unobstructed
				  movement of personnel, fire protection equipment, spill control equipment, and
				  decontamination equipment to any area of facility operation in an emergency,
				  unless aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities.
(A) The small quantity generator must attempt
				  to make arrangements with the local police department, fire department, other
				  emergency response teams, emergency response contractors, equipment suppliers
				  and local hospitals, taking into account the types and quantities of hazardous
				  wastes handled at the facility. Arrangements may be made with the Local
				  Emergency Planning Committee, if it is determined to be the appropriate
				  organization with which to make arrangements.
(1) A small quantity generator attempting to
				  make arrangements with its local fire department must determine the potential
				  need for the services of the local police department, other emergency response
				  teams, emergency response contractors, equipment suppliers, and local
				  hospitals.
(2) As part of this
				  coordination, the small quantity generator shall attempt to make arrangements,
				  as necessary, to familiarize the above organizations with the layout of the
				  facility, the properties of hazardous waste handled at the facility and
				  associated hazards, places where facility personnel would normally be working,
				  entrances to roads inside the facility, and possible evacuation routes as well
				  as the types of injuries or illnesses that could result from fires, explosions,
				  or releases at the facility.
(3)
				  Where more than one police or fire department might respond to an emergency,
				  the small quantity generator shall attempt to make arrangements designating
				  primary emergency authority to a specific fire or police department, and
				  arrangements with any others to provide support to the primary emergency
				  authority.
(B) A small
				  quantity generator shall maintain records documenting the arrangements with the
				  local fire department as well as any other organization necessary to respond to
				  an emergency. This documentation must include documentation in the operating
				  record that either confirms such arrangements actively exist or, in cases where
				  no arrangements exist, confirms that attempts to make such arrangements were
				  made.
(C) A facility possessing
				  24-hour response capabilities may seek a waiver from the authority having
				  jurisdiction (AHJ) over the fire code within the facility's state or locality
				  as far as needing to make arrangements with the local fire department as well
				  as any other organization necessary to respond to an emergency, provided that
				  the waiver is documented in the operating record.
(9) Emergency procedures. The
				  small quantity generator complies with the following conditions for those areas
				  of the generator facility where hazardous waste is generated and accumulated:
(i) At all times there must be at least one
				  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 (b)(9)(iv) of this section. This employee is the emergency
				  coordinator.
(ii) The small
				  quantity generator must post the following information next to telephones or in
				  areas directly involved in the generation and accumulation of hazardous waste:
(A) The name and emergency telephone number
				  of the emergency coordinator;
(B)
				  Location of fire extinguishers and spill control material, and, if present,
				  fire alarm; and
(C) The telephone
				  number of the fire department, unless the facility has a direct
				  alarm.
(iii) The small
				  quantity generator must ensure that all employees are thoroughly familiar with
				  proper waste handling and emergency procedures, relevant to their
				  responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or his
				  designee must respond to any emergencies that arise. The applicable responses
				  are as follows:
(A) In the event of a fire,
				  call the fire department or attempt to extinguish it using a fire
				  extinguisher;
(B) In the event of a
				  spill, the small quantity generator is responsible for containing the flow of
				  hazardous waste to the extent possible, and as soon as is practicable, cleaning
				  up the hazardous waste and any contaminated materials or soil. Such containment
				  and cleanup can be conducted either by the small quantity generator or by a
				  contractor on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or
				  other release that could threaten human health outside the facility or when the
				  small quantity generator has knowledge that a spill has reached surface water,
				  the small quantity generator must immediately notify the National Response
				  Center (using their 24-hour toll free number 800-424-8802). The report must
				  include the following information:
(1) The
				  name, address, and EPA identification number of the small quantity
				  generator;
(2) Date, time, and type
				  of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste
				  involved in the incident;
(4)
				  Extent of injuries, if any; and
(5)
				  Estimated quantity and disposition of recovered materials, if any.