South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.270 - PERMIT REQUIREMENTS › Subpart G - INTERIM STATUS › Section 61-79.270.G.72 - Changes during interim status

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as provided in paragraph (b),the
				  owner or operator of an interim status facility may make the following changes
				  at the facility: (amended 11/90)
(1)
				  Treatment, storage, or disposal of new hazardous wastes not previously
				  identified in Part A of the permit application (and, in the case of newly
				  listed or identified wastes, addition of the units being used to treat, store,
				  or dispose of the hazardous wastes on the effective date of the listing or
				  identification) if the owner or operator submits a revised Part A permit
				  application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of
				  processes used at the facility if the owner or operator submits a revised Part
				  A permit application prior to such a change (along with justification
				  explaining the need for the change) and the Department approves the changes
				  because:
(i) There is a lack of available
				  treatment, storage, or disposal capacity at other hazardous waste management
				  facilities, or
(ii) The change is
				  necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for
				  the treatment, storage, or disposal of hazardous waste or addition of processes
				  if the owner or operator submits a revised Part A permit application prior to
				  such change (along with a justification explaining the need for the change) and
				  the Department approves the change because:
(i) The change is necessary to prevent a
				  threat to human health and the environment because of an emergency situation,
				  or
(ii) The change is necessary to
				  comply with a Federal, State, or local requirement.
(4) Changes in the ownership or operational
				  control of a facility if the new owner or operator submits a revised Part A
				  permit application no later than 90 days prior to the scheduled change. When a
				  transfer of operational control of a facility occurs, the old owner or operator
				  shall comply with the requirements of Part 265 Subpart H (Financial
				  Requirements), until the new owner or operator has demonstrated to the
				  Department he is complying with the requirements of that subpart. The new owner
				  or operator must demonstrate compliance with Subpart H requirements within six
				  months of the date of the change in ownership or operational control of the
				  facility. Upon demonstration to the Department by the new owner or operator of
				  compliance with Subpart H the Department shall notify the old owner or operator
				  in writing that he no longer needs to comply with Subpart H as of the date of
				  demonstration. All other interim status duties are transferred effective
				  immediately upon the date of the change in ownership or operational control of
				  the facility.
(5) Changes made in
				  accordance with an interim status corrective action order under Section
				  44-56-140
				  or issued by EPA under section3008(h)(h) or other Federal authority, or by a
				  court in a judicial action brought by EPA or by an authorized State. Changes
				  under this paragraph are limited to the treatment, storage, or disposal of
				  solid waste from releases that originate within the boundary of the facility.
				  (revised 12/92)
(6) Addition of
				  newly regulated units for the treatment, storage or disposal of hazardous waste
				  if the owner or operator submits a revised part A permit application on or
				  before the date on which the unit becomes subject to the new
				  requirements.