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.11 - Hazardous waste determination and recordkeeping

Current through Register Vol. 48, No. 6, June 28, 2024
A person who generates a solid waste, as defined in
					 R.61-79.261.2 must make an accurate determination as to whether that waste is a
					 hazardous waste in order to ensure wastes are properly managed according to
					 applicable RCRA regulations. A hazardous waste determination is made using the
					 following steps:
(a) The hazardous
				  waste determination for each solid waste must be made at the point of waste
				  generation, before any dilution, mixing, or other alteration of the waste
				  occurs, and at any time in the course of its management that it has, or may
				  have, changed its properties as a result of exposure to the environment or
				  other factors that may change the properties of the waste such that the RCRA
				  classification of the waste may change.
(b) A person must determine whether the solid
				  waste is excluded from regulation under R.61-79.261.4.
(c) If the waste is not excluded under
				  R.61-79.261.4, the person must then use knowledge of the waste to determine
				  whether the waste meets any of the listing descriptions under subpart D of
				  R.61-79.261. Acceptable knowledge that may be used in making an accurate
				  determination as to whether the waste is listed may include waste origin,
				  composition, the process producing the waste, feedstock, and other reliable and
				  relevant information. If the waste is listed, the person may file a delisting
				  petition under R.61-79.260.20 and 260.22 to demonstrate to the Department that
				  the waste from this particular site or operation is not a hazardous
				  waste.
(d) The person then must
				  also determine whether the waste exhibits one or more hazardous characteristics
				  as identified in subpart C of R.61-79.261 by following the procedures in
				  paragraph (d)(1) or (2) of this section, or a combination of both.
(1) The person must apply knowledge of the
				  hazard characteristic of the waste in light of the materials or the processes
				  used to generate the waste. Acceptable knowledge may include process knowledge
				  (e.g., information about chemical feedstocks and other inputs to the production
				  process); knowledge of products, by-products, and intermediates produced by the
				  manufacturing process; chemical or physical characterization of wastes;
				  information on the chemical and physical properties of the chemicals used or
				  produced by the process or otherwise contained in the waste; testing that
				  illustrates the properties of the waste; or other reliable and relevant
				  information about the properties of the waste or its constituents. A test other
				  than a test method set forth in subpart C of R.61-79.261, or an equivalent test
				  method approved by the Department under R.61-79.260.21, may be used as part of
				  a person's knowledge to determine whether a solid waste exhibits a
				  characteristic of hazardous waste. However, such tests do not, by themselves,
				  provide definitive results. Persons testing their waste must obtain a
				  representative sample of the waste for the testing, as defined at
				  R.61-79.260.10.
(2) When available
				  knowledge is inadequate to make an accurate determination, the person must test
				  the waste according to the applicable methods set forth in subpart C of
				  R.61-79.261 or according to an equivalent method approved by the Department
				  under R.61-79.260.21 and in accordance with the following:
(i) Persons testing their waste must obtain a
				  representative sample of the waste for the testing, as defined at
				  R.61-79.260.10.
(ii) Where a test
				  method is specified in subpart C of R.61-79.261, the results of the regulatory
				  test, when properly performed, are definitive for determining the regulatory
				  status of the waste.