reglab/statecodes huggingface dataset:
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 C - PERMIT CONDITIONS › Section 61-79.270.C.33 - Schedules of compliance

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  permit may, when appropriate, specify a schedule of compliance leading to
				  compliance with the Act and regulations.
(1)
				  Time for compliance. Any schedules of compliance under this section shall
				  require compliance as soon as possible.
(2) Interim dates. Except as provided in
				  paragraph (b)(1)(ii) of this section, if a permit establishes a schedule of
				  compliance which exceeds 1 year from the date of permit issuance, the schedule
				  shall set forth interim requirements and the dates for their achievement.
(i) The time between interim dates will not
				  exceed 1 year.
(ii) If the time
				  necessary for completion of any interim requirement is more than 1 year and is
				  not readily divisible into stages for completion, the permit shall specify
				  interim dates for the submission of reports of progress toward completion of
				  the interim requirements and indicate a projected completion date.
(3) Reporting. The permit shall be
				  written to require that no later than 14 days following each interim date and
				  the final date of compliance, the permittee shall notify the Department in
				  writing of its compliance or noncompliance with the interim or final
				  requirements.
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 D - CHANGES TO PERMIT › Section 61-79.270.D.40 - Transfer of permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
				  permit may be transferred by the permittee to a new owner or operator only if
				  the permit has been modified or revoked and reissued (under 270.40(b) or
				  270.41(b)(2)) to identify the new permittee and incorporate such other
				  requirements as may be necessary under the appropriate Act.
(b) Changes in the ownership or operational
				  control of a facility may be made as a Class 1 modification with prior written
				  approval of the Department in accordance with 270.42. The new owner or operator
				  must submit a revised permit application no later than 90 days prior to the
				  scheduled change. A written agreement containing a specific date for transfer
				  of permit responsibility between the current and new permittees must also be
				  submitted to the Department. When a transfer of ownership or operational
				  control occurs, the old owner or operator shall comply with the requirements of
				  Part 264, Subpart H (Financial Requirements) until the new owner or operator
				  has demonstrated that he or she 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 of 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 that he or she no longer needs to comply with
				  subpart H as of the date of demonstration. (amended 5/93)
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 D - CHANGES TO PERMIT › Section 61-79.270.D.42 - Permit modifications at the request of the permittee

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Class 1 modifications.
(1) Except as provided in paragraph (a)(2) of
				  this section, the permittee may put into effect Class 1 modifications listed in
				  Appendix I of this section under the following conditions:
(i) The permittee must notify the Department
				  concerning the modification by certified mail or other means that establish
				  proof of delivery within 7 calendar days after the change is put into effect.
				  This notice must specify the changes being made to permit conditions or
				  supporting documents referenced by the permit and must explain why they are
				  necessary. Along with the notice, the permittee must provide the applicable
				  information required by 270.13 through 270.21, 270.62, and 270.63.
(ii) The permittee must send a notice of the
				  modification to all persons on the facility mailing list, maintained by the
				  Department in accordance with 124.10(c), and the appropriate units of State and
				  local government, as specified in 124.10(c). This notification must be made
				  within 90 calendar days after the change is put into effect. For the Class I
				  modifications that require prior Department approval, the notification must be
				  made within 90 calendar days after the Department approves the
				  request.
(iii) Any person may
				  request the Department to review, and the Department may for cause reject in
				  accordance with 124.5, any Class 1 modification. The Department must inform the
				  permittee by certified mail that a Class 1 modification has been rejected,
				  explaining the reasons for the rejection. If a Class 1 modification has been
				  rejected, the permittee must comply with the original permit
				  conditions.
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 D - CHANGES TO PERMIT › Section 61-79.270.D.43 - Termination of permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  following are causes for terminating a permit during its term, or for denying a
				  permit renewal application:
(1) Noncompliance
				  by the permittee with any condition of the permit;
(2) The permittee's failure in the
				  application or during the permit issuance process to disclose fully all
				  relevant facts, or the permittee's misrepresentation of any relevant facts at
				  any time; or
(3) A determination
				  that the permitted activity endangers human health or the environment and can
				  only be regulated to acceptable levels by permit modification or
				  termination.
(4) Violation of any
				  applicable requirement of the Hazardous Waste Management Act or of these
				  Regulations promulgated pursuant to the Act; or
(5) Aiding, abetting, or permitting the
				  violation of any provisions of the Hazardous Waste Management Act or any
				  regulation pursuant to the Act.
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 E - EXPIRATION AND CONTINUATION OF PERMITS › Section 61-79.270.E.50 - Duration of permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Permits issued under these regulations shall be effective for a fixed term not
				  to exceed 10 years for facilities and not to exceed 3 years for
				  transporters.
(b) Except as
				  provided in Section270.51, the term of a permit shall not be extended by
				  modification beyond the maximum duration specified in this section.
(c) The Department may issue any permit for a
				  duration that is less than the full allowable term under this
				  section.
(d) Each permit for a land
				  disposal facility shall be reviewed by the Department five years after the date
				  of permit issuance or reissuance and shall be modified as necessary as provided
				  in 270.41.
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 E - EXPIRATION AND CONTINUATION OF PERMITS › Section 61-79.270.E.51 - Continuation of expiring permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The conditions of an expired permit
				  continue in force until the effective date of a new permit (see 124.15) if:
(1) The permittee has submitted a timely
				  application under Section270.14 and the applicable sections in Sections270.15
				  through 270.29 which is a complete (under Section270.10(c)(c)) application for
				  a new permit; and
(2) The
				  Department through no fault of the permittee, does not issue a new permit with
				  an effective date under R.61-79.124.15 on or before the expiration date of the
				  previous permit (for example, when issuance is impracticable due to time or
				  resource constraints).
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.60 - Permits by rule

Current through Register Vol. 48, No. 6, June 28, 2024
Notwithstanding any other provision of this part or
					 R.61-79.124, the following shall be deemed to have a permit under these
					 regulations if the conditions listed are met:
(a) Ocean disposal barges or vessels. The
				  owner or operator of a barge or other vessel which accepts hazardous waste for
				  ocean disposal, if the owner or operator:
(1)
				  Has a permit for ocean dumping issued under 40 CFR Part 220 (Ocean Dumping,
				  authorized by the Marine Protection, Research, and Sanctuaries Act, as amended,
				  33 U.S.C.
				  1420 et seq.);
(2) Complies with the conditions of that
				  permit; and
(3) Complies with the
				  following hazardous waste regulations:
(i)R.61-79.264.11, Identification
				  number;
(ii)R.61-79.264.71, Use of
				  manifest system;
(iii)R.61-79.264.72, Manifest
				  discrepancies;
(iv)
				  R.61-79.264.73(a) and (b)(1)(a) and (b)(61-79.264.73(a) and (b)(1)), Operating
				  record;
(v)R.61-79.264.75,
				  Quarterly report; and
(vi)R.61-79.264.76, Unmanifested waste
				  report.
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.61 - Emergency permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
				  Notwithstanding any other provision of this part or R.61-79.124 in the event
				  the Department finds an imminent and substantial endangerment to human health
				  or the environment the Department may issue a temporary emergency permit: To a
				  non-permitted facility to allow treatment, storage, or disposal of hazardous
				  waste or (2) to a permitted facility to allow treatment, storage, or disposal
				  of a hazardous waste not covered by an effective permit.
(b) This emergency permit:
(1) May be oral or written. If oral, it will
				  be followed in five days by a written emergency permit;
(2) Will not exceed 90 days in
				  duration;
(3) Will clearly specify
				  the hazardous wastes to be received, and the manner and location of their
				  treatment, storage, or disposal;
(4) May be terminated by the Department at
				  any time without process if it determines that termination is appropriate to
				  protect human health and the environment;
(5) Shall be accompanied by a public notice
				  published under R.61-79.124.10 including:
(i)
				  Name and address of the office granting the emergency authorization;
(ii) Name and location of the permitted HWM
				  facility;
(iii) A brief description
				  of the wastes involved;
(iv) A
				  brief description of the action authorized and reasons for authorizing it;
				  and
(v) Duration of the emergency
				  permit; and
(6) Shall
				  incorporate, to the extent possible and not inconsistent with the emergency
				  situation, all applicable requirements of this part and parts 264 and
				  266.
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.62 - Hazardous waste incinerator permits

Current through Register Vol. 48, No. 6, June 28, 2024
When an owner or operator of a hazardous waste incineration
					 unit becomes subject to RCRA permit requirements after October 12, 2005, or
					 when an owner or operator of an existing hazardous waste incineration unit
					 demonstrates compliance with the air emission standards and limitations in 40
					 CFR part 63 , Subpart EEE, (i.e., by conducting a comprehensive performance
					 test and submitting a Notification of Compliance, under 63.1207(j) and
					 63.1210(d) documenting compliance with all applicable requirements of part 63
					 subpart EEE), the requirements do not apply, except those provisions the
					 Department determines are necessary to ensure compliance with 264.345(a) and
					 264.345(c) if you elect to comply with 270.235(a)(1)(i) to minimize emissions
					 of toxic compounds from startup, shutdown, and malfunction events.
					 Nevertheless, the Department may apply the provisions, on a case-by-case basis,
					 for purposes of information collection in accordance with 270.10(k), 270.10(l),
					 270.32(b)(2), and 270.32(b)(3).
(a)
				  For the purposes of determining operational readiness following completion of
				  physical construction, the Department may establish permit conditions,
				  including but not limited to allowable waste feeds and operating conditions in
				  the permit to a new hazardous waste incinerator. These permit conditions will
				  be effective for the minimum time required to bring the incinerator to a point
				  of operational readiness sufficient to conduct a trial burn, not to exceed 720
				  hours operating time for treatment of hazardous waste. The Department may
				  extend the duration of this operational period once, for up to 720 additional
				  hours, at the request of the applicant when good cause is shown. The permit may
				  be modified to reflect the extension according to Section270.42 (Permit
				  modifications at the request of the permittee).
(1) Applicants must submit a statement, with
				  Part B of the permit application, which suggests the conditions necessary to
				  operate in compliance with the performance standards of R.61-79.264.343 during
				  this period. This statement should include, at a minimum, restrictions on waste
				  constituents, waste feed rates and the operating parameters identified in
				  R.61-79.264.345.
(2) The Department
				  will review this statement and any other relevant information submitted with
				  Part B of the permit application and specify requirements for this period
				  sufficient to meet the performance standards of R.61-79.264.343 based on its
				  engineering judgement.
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.63 - Permits for land treatment demonstrations using field test or laboratory analyses

Current through Register Vol. 48, No. 6, June 28, 2024
(a) For
				  the purpose of allowing an owner or operator to meet the treatment
				  demonstration requirements of R.61-79.264.272(c), the Department may issue a
				  treatment demonstration permit. The permit will contain only those requirements
				  necessary to meet the standards in R.61-79.264.272(c). The permit may be issued
				  either as a treatment or disposal permit covering only the field test or
				  laboratory analyses, or as a two-phase facility permit covering the field
				  tests, or laboratory analyses, and design, construction, operation and
				  maintenance of the land treatment unit.
(1)
				  The Department may issue a two-phase facility permit if he finds that, based on
				  information submitted in Part B of the application, substantial, although
				  incomplete or inconclusive, information already exists upon which to base the
				  issuance of a facility permit.
(2)
				  If the Department finds that not enough information exists upon which he can
				  establish permit conditions to attempt to provide for compliance with all of
				  the requirements of Subpart M, it will issue a treatment demonstration permit
				  covering only the field test or laboratory analysis.
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.65 - Research Development, and Demonstration Permits

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Department my issue a research,
				  development, and demonstration permit for any hazardous waste treatment
				  facility which propose to utilize an innovative and experimental hazardous
				  waste treatment technology or process for which permit standards for such
				  experimental activity have not been promulgated under R.61-79.264 or
				  R.61-79.266. Any such permit will include such terms and conditions as will
				  assure protection of human health and the environment. Such permits:
(1) Will provide for the construction of such
				  facilities as necessary, and for operation of the facility for not longer than
				  one year unless renewed as provided in paragraph (d) of this section,
				  and
(2) Will provide for the
				  receipt and treatment by the facility of only those types and quantities of
				  hazardous waste which the Department deems necessary for purposes of
				  determining the efficacy and performance capabilities of the technology or
				  process and the effects of such technology or process on human health and the
				  environment, and
(3) Will include
				  such requirements as the Department deems necessary to protect human health and
				  the environment (including, but not limited to, requirements regarding
				  monitoring, operation, financial responsibility, closure, and remedial action),
				  and such requirements as the Department deems necessary regarding testing and
				  providing of information to the Department with respect to the operation of the
				  facility.
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 F - SPECIAL FORMS OF PERMITS › Section 61-79.270.F.68 - Remedial Action Plans (RAPs)

Current through Register Vol. 48, No. 6, June 28, 2024
Remedial Action Plans (RAPs) are special forms of permits
					 that are regulated under subpart H of this part.
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.70 - Qualifying for interim status

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person who owns or operates an
				  "existing HWM facility" or a facility in existence on the effective date of
				  statutory or regulatory amendments under the Act that render the facility
				  subject to the requirement to have a permit under this regulation shall have
				  interim status and shall be treated as having been issued a permit to the
				  extent he or she has:
(1) Complied with the
				  requirements of Section
				  44-56-120
				  of the S. C. Hazardous Waste Management Act pertaining to notification of
				  hazardous waste activity and section3010(a)(a) of RCRA pertaining to
				  notification of hazardous waste activity. (revised 12/92)
[Comment: Some existing facilities may not be required to
					 file a notification under section3010(a)(a) of RCRA. These facilities may
					 qualify for interim status by meeting paragraph (a)(2) of this section.]
					 (revised 12/92)
(2)
				  Complied with the requirements of Section270.10 governing submission of Part A
				  applications;
(3) Conducted the
				  facility activity on an ongoing basis prior to the effective date of the
				  statutory or regulatory changes.
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.71 - Operation during interim status

Current through Register Vol. 48, No. 6, June 28, 2024
(a) During the interim status period the
				  facility shall not:
(1) Treat, store, or
				  dispose of hazardous waste not specified in Part A of the permit
				  applications;
(2) Employ processes
				  not specified in Part A of the permit application; or
(3) Exceed the design capacities specified in
				  Part A of the permit application.
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.73 - Termination of interim status

Current through Register Vol. 48, No. 6, June 28, 2024
Interim status terminates when:
(a) Final administrative disposition of a
				  permit application, except an application for a remedial action plan (RAP)
				  under subpart H of this part, is made; or
(b) Interim status is terminated as provided
				  in Section270.10(e)(5)(e)(5).
(c)
				  For owners or operators of each land disposal facility which has been granted
				  interim status prior to November 8, 1984, on November 8, 1985, unless:
(1) The owner or operator submits a Part B
				  application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such
				  facility is in compliance with all applicable groundwater monitoring and
				  financial responsibility requirements.
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 H - REMEDIAL ACTION PLANS › Section 61-79.270.H.79 - Why is this subpart written in a special format?

Current through Register Vol. 48, No. 6, June 28, 2024
This subpart is written in a special format to make it
					 easier to understand the regulatory requirements. Like other regulations, this
					 establishes enforceable legal requirements. For this Subpart, "I" and "you"
					 refer to the owner/operator.
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 H - REMEDIAL ACTION PLANS › GENERAL INFORMATION › Section 61-79.270.H.80 - What is a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A
					 RAP is a special form of RCRA permit that you, as an owner or operator, may
					 obtain, instead of a permit issued under 270.3 through 270.66, to authorize you
					 to treat, store, or dispose of hazardous remediation waste (as defined in
					 260.10 of this chapter) at a remediation waste management site. A RAP may only
					 be issued for the area of contamination where the remediation wastes to be
					 managed under the RAP originated, or areas in close proximity to the
					 contaminated area, except as allowed in limited circumstances under
					 270.230.
(b) The requirements in
					 270.3 through 270.66 do not apply to RAPs unless those requirements for
					 traditional RCRA permits are specifically required under 270.80 through
					 270.230. The definitions in 270.2 apply to RAPs.
(c) Notwithstanding any other provision of
					 this part or part 124 of this chapter, any document that meets the requirements
					 in this section constitutes a RCRA permit under RCRA
					 section3005(c)(c).
(d) A RAP may
					 be:
(1) A stand-alone document that includes
					 only the information and conditions required by this subpart; or
(2) Part (or parts) of another document that
					 includes information and/or conditions for other activities at the remediation
					 waste management site, in addition to the information and conditions required
					 by this subpart.
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 H - REMEDIAL ACTION PLANS › GENERAL INFORMATION › Section 61-79.270.H.85 - When do I need a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 Whenever you treat, store, or dispose of hazardous remediation wastes in a
					 manner that requires a RCRA permit under 270.1, you must either obtain:
(1) A RCRA permit according to 270.3 through
					 270.66; or
(2) A RAP according to
					 this subpart.
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 H - REMEDIAL ACTION PLANS › GENERAL INFORMATION › Section 61-79.270.H.90 - Does my RAP grant me any rights or relieve me of any obligations?

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of 270.4 apply to RAPs. (Note: The
						provisions of 270.4(a) provide you assurance that, as long as you comply with
						your RAP, the Department will consider you in compliance with Subtitle C of
						RCRA, and will not take enforcement actions against you. However, you should be
						aware of four exceptions to this provision that are listed in
						270.4.)
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.95 - How do I apply for a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
To apply for a RAP, you must complete an application,
						sign it, and submit it to the Department according to the requirements in this
						subpart.
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.100 - Who must obtain a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
When a facility or remediation waste management site is
						owned by one person, but the treatment, storage or disposal activities are
						operated by another person, it is the operator's duty to obtain a RAP, except
						that the owner must also sign the RAP application.
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.105 - Who must sign the application and any required reports for a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
Both the owner and the operator must sign the RAP
						application and any required reports according to 270.11(a), (b), and (c). In
						the application, both the owner and the operator must also make the
						certification required under 270.11(d)(1). However, the owner may choose the
						alternative certification under 270.11(d)(2) if the operator certifies under
						270.11(d)(1).
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.110 - What must I include in my application for a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
You must include the following information in your
						application for a RAP:
(a) The name,
					 address, and EPA identification number of the remediation waste management
					 site;
(b) The name, address, and
					 telephone number of the owner and operator;
(c) The latitude and longitude of the
					 site;
(d) The United States
					 Geological Survey (USGS) or county map showing the location of the remediation
					 waste management site;
(e) A scaled
					 drawing of the remediation waste management site showing:
(1) The remediation waste management site
					 boundaries;
(2) Any significant
					 physical structures; and
(3) The
					 boundary of all areas on-site where remediation waste is to be treated, stored
					 or disposed;
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.115 - What if I want to keep this information confidential?

Current through Register Vol. 48, No. 6, June 28, 2024
The South Carolina Freedom of Information Act may allow
						you to claim as confidential any or all of the information you submit to the
						Department under this subpart. You must assert any such claim at the time that
						you submit your RAP application or other submissions by stamping the words
						"confidential business information" on each page containing such information.
						If you do assert a claim at the time you submit the information, the Department
						will treat the information according to established procedures which will give
						you an opportunity to demonstrate that the information for which protection is
						sought falls into one of the exceptions under Code Section
						30-4-40.
						If you do not assert a claim at the time you submit the information, the
						Department may make the information available to the public without further
						notice to you. The Department will deny any requests for confidentiality of
						your name and or address.
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.120 - To whom must I submit my RAP application?

Current through Register Vol. 48, No. 6, June 28, 2024
You must submit your application for a RAP to the
						Department for approval.
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 H - REMEDIAL ACTION PLANS › APPLYING FOR A RAP › Section 61-79.270.H.125 - If I submit my RAP application as part of another document, what must I do?

Current through Register Vol. 48, No. 6, June 28, 2024
If you submit your application for a RAP as a part of
						another document, you must clearly identify the components of that document
						that constitute your RAP application.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.130 - What is the process for approving or denying my application for a RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If the
					 Department tentatively finds that your RAP application includes all of the
					 information required by 270.110 and that your proposed remediation waste
					 management activities meet the regulatory standards, the Department will make a
					 tentative decision to approve your RAP application. The Department will then
					 prepare a draft RAP and provide an opportunity for public comment before making
					 a final decision on your RAP application, according to this subpart.
(b) If the Department tentatively finds that
					 your RAP application does not include all of the information required by
					 270.110 or that your proposed remediation waste management activities do not
					 meet the regulatory standards, the Department may request additional
					 information from you or ask you to correct deficiencies in your application. If
					 you fail or refuse to provide any additional information the Department
					 requests, or to correct any deficiencies in your RAP application, the
					 Department may make a tentative decision to deny your RAP application. After
					 making this tentative decision, the Department will prepare a notice of intent
					 to deny your RAP application ("notice of intent to deny") and provide an
					 opportunity for public comment before making a final decision on your RAP
					 application, according to the requirements in this Subpart. The Department may
					 deny the RAP application either in its entirety or in part.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.135 - What must the Department include in a draft RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
If the Department prepares a draft RAP, it must include
						the:
(a) Information required under
					 270.110(a) through (f);
(b) The
					 following terms and conditions:
(1) Terms and
					 conditions necessary to ensure that the operating requirements specified in
					 your RAP comply with applicable requirements of parts 264, 266, and 268 of this
					 chapter (including any recordkeeping and reporting requirements). In satisfying
					 this provision, the Department may incorporate, expressly or by reference,
					 applicable requirements of parts 264, 266, and 268 of this chapter into the RAP
					 or establish site-specific conditions as required or allowed by parts 264, 266,
					 and 268 of this chapter;
(2) Terms
					 and conditions in 270.30;
(3) Terms
					 and conditions for modifying, revoking and reissuing, and terminating your RAP,
					 as provided in 270.170; and
(4) Any
					 additional terms or conditions that the Department determines are necessary to
					 protect human health and the environment, including any terms and conditions
					 necessary to respond to spills and leaks during use of any units permitted
					 under the RAP; and
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.140 - What else must the Department prepare in addition to the draft RAP or notice of intent to deny?

Current through Register Vol. 48, No. 6, June 28, 2024
Once the Department has prepared the draft RAP or notice
						of intent to deny, it must then:
(a)
					 Prepare a statement of basis that briefly describes the derivation of the
					 conditions of the draft RAP and the reasons for them, or the rationale for the
					 notice of intent to deny;
(b)
					 Compile an administrative record, including:
(1) The RAP application and any supporting
					 data furnished by the applicant;
(2) The draft RAP or notice of intent to
					 deny;
(3) The statement of basis
					 and all documents cited therein (material readily available at the issuing
					 Regional office or published material that is generally available need not be
					 physically included with the rest of the record, as long as it is specifically
					 referred to in the statement of basis); and
(4) Any other documents that support the
					 decision to approve or deny the RAP; and
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.145 - What are the procedures for public comment on the draft RAP or notice of intent to deny?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
					 Department must:
(1) Send notice to you of its
					 intention to approve or deny your RAP application, and send you a copy of the
					 statement of basis;
(2) Publish a
					 notice of its intention to approve or deny your RAP application in a major
					 local newspaper of general circulation;
(3) Broadcast its intention to approve or
					 deny your RAP application over a local radio station; and
(4) Send a notice of its intention to approve
					 or deny your RAP application to each unit of local government having
					 jurisdiction over the area in which your site is located, and to each State
					 agency having any authority under State law with respect to any construction or
					 operations at the site.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.150 - How will the Department make a final decision on my RAP application?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
					 Department must consider and respond to any significant comments raised during
					 the public comment period, or during any hearing on the draft RAP or notice of
					 intent to deny, and revise your draft RAP based on those comments, as
					 appropriate.
(b) If the Department
					 determines that your RAP includes the information and terms and conditions
					 required in 270.135, then it will issue a final decision approving your RAP
					 and, in writing, notify you and all commenters on your draft RAP that your RAP
					 application has been approved.
(c)
					 If the Department determines that your RAP does not include the information
					 required in 270.135, then it will issue a final decision denying your RAP and,
					 in writing, notify you and all commenters on your draft RAP that your RAP
					 application has been denied.
(d) If
					 the Department's final decision is that the tentative decision to deny the RAP
					 application was incorrect, it will withdraw the notice of intent to deny and
					 proceed to prepare a draft RAP, according to the requirements in this
					 subpart.
(e) When the Department
					 issues its final RAP decision, it must refer to the procedures for appealing
					 the decision under 270.155.
(f)
					 Before issuing the final RAP decision, the Department must compile an
					 administrative record. Material readily available at the Department or
					 published materials which are generally available and which are included in the
					 administrative record need not be physically included with the rest of the
					 record as long as it is specifically referred to in the statement of basis or
					 the response to comments. The administrative record for the final RAP must
					 include information in the administrative record for the draft RAP (see
					 270.140(b)) and:
(1) All comments received
					 during the public comment period;
(2) Tapes or transcripts of any
					 hearings;
(3) Any written materials
					 submitted at these hearings;
(4)
					 The responses to comments;
(5) Any
					 new material placed in the record since the draft RAP was issued;
(6) Any other documents supporting the RAP;
					 and
(7) A copy of the final
					 RAP.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.155 - May the decision to approve or deny my RAP application be administratively appealed?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any
					 commenter on the draft RAP or notice of intent to deny, or any participant in
					 any public hearing(s) on the draft RAP, may appeal the Department's decision to
					 approve or deny your RAP application to the Department's Board under 124.19 of
					 this chapter. Any person who did not file comments, or did not participate in
					 any public hearing(s) on the draft RAP, may petition for administrative review
					 only to the extent of the changes from the draft to the final RAP decision.
					 Appeals of RAPs may be made to the same extent as for final permit decisions
					 under 124.15 of this chapter (or a decision under 270.29 to deny a permit for
					 the active life of a RCRA hazardous waste management facility or unit). Instead
					 of the notice required under 124.19(c) and 124.10 of this chapter, the
					 Department will give public notice of any grant of review of RAPs by the Board
					 of Health and Environmental Control through the same means used to provide
					 notice under 270.145. The notice will include:
(1) The briefing schedule for the appeal as
					 provided by the Board;
(2) A
					 statement that any interested person may file an amicus brief with the Board;
					 and
(3) The information specified
					 in 270.145(c), as appropriate.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.160 - When does my RAP become effective?

Current through Register Vol. 48, No. 6, June 28, 2024
Your RAP becomes effective 15 days after the Department
						notifies you and all commenters that your RAP is approved unless:
(a) The Department specifies a later
					 effective date in its decision;
(b)
					 You or another person has appealed your RAP under 270.155 (if your RAP is
					 appealed, and the request for review is granted under 270.155, conditions of
					 your RAP are stayed according to 124.16 of this chapter); or
(c) No commenters requested a change in the
					 draft RAP, in which case the RAP becomes effective immediately when it is
					 issued.
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 H - REMEDIAL ACTION PLANS › GETTING A RAP APPROVED › Section 61-79.270.H.165 - When may I begin physical construction of new units permitted under the RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
You must not begin physical construction of new units
						permitted under the RAP for treating, storing or disposing of hazardous
						remediation waste before receiving a finally effective RAP.
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 H - REMEDIAL ACTION PLANS › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 61-79.270.H.170 - After my RAP is issued, how may it be modified, revoked and reissued, or terminated?

Current through Register Vol. 48, No. 6, June 28, 2024
In your RAP, the Department must specify, either directly
						or by reference, procedures for future modifications, revocations and
						reissuance, or terminations of your RAP. These procedures must provide adequate
						opportunities for public review and comment on any modification, revocation and
						reissuance, or termination that would significantly change your management of
						your remediation waste, or that otherwise merits public review and comment. If
						your RAP has been incorporated into a traditional RCRA permit, as allowed under
						270.85(c), then the RAP will be modified according to the applicable
						requirements in 270.40 through 270.42, revoked and reissued according to the
						applicable requirements in 270.41 and 270.43, or terminated according to the
						applicable requirements of 270.43.
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 H - REMEDIAL ACTION PLANS › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 61-79.270.H.175 - For what reasons may the Department choose to modify my final RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The Department
					 may modify your final RAP on its own initiative only if one or more of the
					 following reasons listed in this section exist(s). If one or more of these
					 reasons do not exist, then the Department will not modify your final RAP,
					 except at your request. Reasons for modification are:
(1) You made material and substantial
					 alterations or additions to the activity that justify applying different
					 conditions;
(2) The Department
					 finds new information that was not available at the time of RAP issuance and
					 would have justified applying different RAP conditions at the time of
					 issuance;
(3) The standards or
					 regulations on which the RAP was based have changed because of new or amended
					 statutes, standards or regulations, or by judicial decision after the RAP was
					 issued;
(4) If your RAP includes
					 any schedules of compliance, the Department may find reasons to modify your
					 compliance schedule, such as an act of God, strike, flood, or materials
					 shortage or other events over which you as the owner operator have little or no
					 control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions
					 of your RAP;
(6) You failed in the
					 application or during the RAP issuance process to disclose fully all relevant
					 facts, or you misrepresented any relevant facts at the time;
(7) The Department has determined that the
					 activity authorized by your RAP endangers human health or the environment and
					 can only be remedied by modifying; or
(8) You have notified the Department (as
					 required in the RAP under 270.30(1)(3)) of a proposed transfer of a
					 RAP.
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 H - REMEDIAL ACTION PLANS › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 61-79.270.H.180 - For what reasons may the Department choose to revoke and reissue my final RAP?

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
					 Department may revoke and reissue your final RAP on its own initiative only if
					 one or more reasons for revocation and reissuance exist(s). If one or more
					 reasons do not exist, then the Department will not modify or revoke and reissue
					 your final RAP, except at your request. Reasons for modification or revocation
					 and reissuance are the same as the reasons listed for RAP modifications in
					 270.175(a)(5) through (8) if the Department determines that revocation and
					 reissuance of your RAP is appropriate.
(b) The Department will not reevaluate the
					 suitability of the facility location at the time of RAP revocation and
					 reissuance, unless new information or standards indicate that a threat to human
					 health or the environment exists that was unknown when the RAP was
					 issued.