South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - GENERAL › Section 61-79.264.A.1 - Purpose, scope and applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The purpose of this regulation is to
				  establish minimum State standards which define the acceptable management of
				  hazardous waste.
(b) The standards
				  in this regulation apply to owners and operators of all facilities which treat,
				  store, or dispose of hazardous waste, except as specifically provided otherwise
				  in R.61-79.261 or 264.
(c) The
				  requirements of this regulation apply to a person disposing of hazardous waste
				  by means of ocean disposal subject to a permit issued under the Marine
				  Protection, Research, and Sanctuaries Act only to the extent they are included
				  under R.61-79.270, in a RCRA-type permit.
[Comment: These R.61-79.264 regulations apply to the
					 treatment or storage of hazardous waste before it is loaded onto an ocean
					 vessel for incineration or disposal at sea.]
(d) The requirements of this regulation apply
				  to a person disposing of hazardous waste by means of underground injection
				  subject to a permit issued under the Underground Injection Control (UIC)
				  RegulationsR.61-87 only to the extent required by R.61-79.270.60(b)(b) and
				  44-55-10 et seq.
[Comment: These R.61-79.264 regulations apply to the
					 aboveground treatment or storage of hazardous waste before it is injected
					 underground.]
(e) The
				  requirements of this regulation apply to the owner or operator of a POTW which
				  treats, stores, or disposes of hazardous waste only to the extent they are
				  included in a permit by rule granted to such a person under
				  R.61-79.270.
(f)
				  [Reserved]
(g) The requirements of
				  this regulation do not apply to:
(1) The owner
				  or operator of a facility permitted, licensed, or registered by the Department
				  to manage municipal or industrial solid waste, if the only hazardous waste the
				  facility treats, stores, or disposes of is excluded under
				  R.61-79.262.14;
(2) The owner or
				  operator of a facility managing recyclable materials described in R.61-79.261.6
				  (a)(2), (3), and (4) (except to the extent that requirements of this subpart
				  are referred to in R.61-79.107.279 or subparts C, F, G, or H of 266).
				  (12/93)
(3) A generator
				  accumulating waste onsite in compliance with R.61-79.262.14, 262.15, 262.16, or
				  262.17;
(4) A farmer disposing of
				  waste pesticides from his own use in compliance with R.61-79.262.70;
				  or
(5) The owner or operator of a
				  totally enclosed treatment facility,. as defined in R.61-79.260.10;
(6) The owner or operator of an elementary
				  neutralization unit or a wastewater treatment unit as defined in
				  R.61-79.260.10, provided that if the owner or operator is diluting hazardous
				  ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
				  268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003)
				  waste, to remove the characteristic before land disposal, the owner/operator
				  must comply with the requirements set out in 264.17(b). (revised 12/93;
				  5/96)
(7) [Reserved]
(8)
(i)
				  Except as provided in paragraph (g)(8)(ii) of this section , a person engaged
				  in treatment or containment activities during immediate response to any of the
				  following situations:
(A) A discharge of a
				  hazardous waste;
(B) An imminent
				  and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
				  discharged, becomes a hazardous waste;
(D) An immediate threat to human health,
				  public safety, property, or the environment, from the known or suspected
				  presence of military munitions, other explosive material, or an explosive
				  device, as determined by an explosive or munitions emergency response
				  specialist as defined in 260.10.
(ii) An owner or operator of a facility
				  otherwise regulated by this regulation must comply with all applicable
				  requirements of Subparts C and D.
(iii) Any person who is covered by paragraph
				  (g)(8)(i) of this section and who continues or initiates hazardous waste
				  treatment or containment activities after the immediate response is over is
				  subject to all applicable requirements of this regulation and R.61-79.124 and
				  R.61-79.270 for those activities.
(iv) In the case of an explosives or
				  munitions emergency response, if a Federal, State, Tribal or local official
				  acting within the scope of his or her official responsibilities, or an
				  explosives or munitions emergency response specialist, determines that
				  immediate removal of the material or waste is necessary to protect human health
				  or the environment, that official or specialist may authorize the removal of
				  the material or waste by transporters who do not have EPA identification
				  numbers and without the preparation of a manifest. In the case of emergencies
				  involving military munitions, the responding military emergency response
				  specialist's organizational unit must retain records for three years
				  identifying the dates of the response, the responsible persons responding, the
				  type and description of material addressed, and its disposition.
(9) A transporter storing
				  manifested shipments of hazardous waste in containers meeting the requirements
				  of R.61-79.262.30 at a transfer facility for a period of ten days or
				  less.
(10) The addition of
				  absorbent material to waste in a container (as defined in R.61-79.260.10) or
				  the addition of waste to absorbent material in a container, provided that these
				  actions occur at the time waste is first placed in the container; and section
				  s264.17(b)(b), 264.171 and 264.172 are complied with.
(11) Universal waste handlers and universal
				  waste transporters (as defined in R.61-79.260.10) handling the wastes listed
				  below. These handlers are subject to regulation under R.61-79.273, when
				  handling the below listed universal wastes.
(i) Batteries as described in
				  273.2;
(ii) Pesticides as described
				  in 273.3;
(iii) Mercury-containing
				  equipment as described in 273.4;
(iv) Lamps as described in 273.5;
				  and
(v) Aerosol cans as described in
				  273.6 of this chapter.
(12) [Reserved]
(13) Reverse distributors accumulating
				  potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
				  waste pharmaceuticals, as defined in section 266.500. Reverse distributors are
				  subject to regulation under part 266, subpart P in lieu of this part for the
				  accumulation of potentially creditable hazardous waste pharmaceuticals and
				  evaluated hazardous waste pharmaceuticals.