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.14 - Conditions for exemption for a very small quantity generator

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Provided that
				  the very small quantity generator meets all the conditions for exemption listed
				  in this section , hazardous waste generated by the very small quantity
				  generator is not subject to the requirements of R.61-79.124, 262 (except
				  section s 262.10-262.14) through 268, and 270, and the notification
				  requirements of the SC Hazardous Waste Management Act section
				  44-56-120
				  and section 3010 of RCRA and the very small quantity generator may accumulate
				  hazardous waste on site without complying with such requirements. The
				  conditions for exemption are as follows:
(1)
				  In a calendar month the very small quantity generator generates less than or
				  equal to the amounts specified in the definition of "very small quantity
				  generator" in R.61-79.260.10;
(2)
				  The very small quantity generator complies with R.61-79.262.11(a) through
				  (d);
(3) If the very small quantity
				  generator accumulates at any time greater than one (1) kilogram (2.2 pounds) of
				  acute hazardous waste or one hundred (100) kilograms (220 pounds) of any
				  residue or contaminated soil, water, or other debris resulting from the cleanup
				  of a spill, into or on any land or water, of any acute hazardous waste listed
				  in R.61-79.261.31 or 261.33(e), all quantities of that acute hazardous waste
				  are subject to the following additional conditions for exemption:
(i) Such waste is held on site for no more
				  than ninety (90) days beginning on the date when the accumulated wastes exceed
				  the amounts provided above; and
(ii)
				  The conditions for exemption in R.61-79.262.17(a) through
				  (g).
(4) If the very
				  small quantity generator accumulates at any time one thousand (1,000) kilograms
				  (2,200 pounds) or greater of non-acute hazardous waste, all quantities of that
				  hazardous waste are subject to the following additional conditions for
				  exemption:
(i) Such waste is held on site for
				  no more than one hundred eighty (180) days, or two hundred seventy (270) days,
				  if applicable, beginning on the date when the accumulated waste exceeds the
				  amounts provided above;
(ii) The
				  quantity of waste accumulated on site never exceeds six thousand (6,000)
				  kilograms (13,200 pounds); and
(iii)
				  The conditions for exemption in R.61-79.262.16(b)(2) through
				  (f).
(5) A very small
				  quantity generator that accumulates hazardous waste in amounts less than or
				  equal to the limits in paragraphs (a)(3) and (4) of this section must either
				  treat or dispose of its hazardous waste in an on-site facility or ensure
				  delivery to an off-site treatment, storage, or disposal facility, either of
				  which, if located in the U.S., is:
(i)
				  Permitted under R.61-79.270;
(ii) In
				  interim status under R.61-79.265 and 270;
(iii) [Reserved]
(iv) Permitted, licensed, or registered by a
				  state to manage municipal solid waste and, if managed in a municipal solid
				  waste landfill is subject to R.61-107.19 and 40 CFR Part 258;
(v) Permitted, licensed, or registered by a
				  state to manage non-municipal non-hazardous waste and, if managed in a
				  non-municipal non-hazardous waste disposal unit, is subject to the requirements
				  in R.61-107.19 and
				  40
				  CFR 257.5 through
				  257.30;
(vi) A facility which:
(A) Beneficially uses or reuses, or
				  legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use
				  or reuse, or legitimate recycling or reclamation;
(vii) For universal waste managed under
				  R.61-79.273, a universal waste handler or destination facility subject to the
				  requirements of R.61-79.273;
(viii)
				  A large quantity generator under the control of the same person as the very
				  small quantity generator, provided the following conditions are met:
(A) The very small quantity generator and the
				  large quantity generator are under the control of the same person as defined in
				  R.61-79.260.10. "Control," for the purposes of this section , means the power
				  to direct the policies of the generator, whether by the ownership of stock,
				  voting rights, or otherwise, except that contractors who operate generator
				  facilities on behalf of a different person as defined in R.61-79.260.10 shall
				  not be deemed to "control" such generators.
(B) The very small quantity generator marks
				  its container(s) of hazardous waste with:
(1)
				  The words "Hazardous Waste" and
(2)
				  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).
(ix)
				  [Reserved]
(x) [Reserved]
(xi) For airbag waste, an airbag waste
				  collection facility or a designated facility subject to the requirements of
				  261.4(j) of this chapter.