S.C. Code Regs. § § 61-79.261.A.6

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.261.A.6 - Requirements for recyclable materials

(a)

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through N of R.61-79.266 and all applicable provisions in R.61-79.268, 270, and 124.

(i) Recyclable materials used in a manner constituting disposal (R.61-79.266 subpart C);

(ii) Hazardous wastes burned (as defined in section 266.100(a)) in boilers and industrial furnaces that are not regulated under subpart O of R.61-79.264 or 265 (R.61-79.266 subpart H);

(iii) Recyclable materials from which precious metals are reclaimed (R.61-79.266 subpart F);

(iv) Spent lead-acid batteries that are being reclaimed (R.61-79.266 subpart G).

(3) The following recyclable materials are not subject to regulation under R.61-79.124, 262 through 268, or 270 and are not subject to the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 RCRA.

(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of parts 260 through 268, but is regulated under R.61-79.107.279.11. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed. (12/93)

(5) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of R.61-79.262 subpart H.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of R.61-79.262 and R.61-79.263 of these Regulations, and the notification requirements under 44-56-120 and Section 3010 of RCRA, except as provided in paragraph (a) of this section.

(c)

(1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subparts A through L, AA, BB and CC of R.61-79.264 and R.61-79.265, and under R.61-79.266, R.61-79.268, R.61-79.270, and R.61-79.124 and the notification requirements of section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in 261.6(d).) (amended 11/90; 12/92)

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in paragraph (a) of this section:

(i) Notification requirements under SCHWMA 44-56-120, and section 264.5 or section 265.5 and section 3010 of RCRA;

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of R.61-79.265.

(iii) Section 261.6(d)(d) of this chapter.

(iv) Section 265.75 of this chapter (quarterly report).

(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of parts 264 or 265 of this chapter.

S.C. Code Regs. § 61-79.261.A.6

Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 36, Issue No. 9, eff September 28, 2012; State Register Volume 42, Issue No. 12, eff. 12/28/2018; State Register Volume 43, Issue No. 05, eff. 5/24/2019; State Register Volume 44, Issue No. 06, eff. 6/26/2020; State Register Volume 45, Issue No. 05, eff. 5/28/2021.