Current through Register Vol. 48, 12, December 27, 2024
Section 61-79.261.A.7 - Residues of hazardous waste in empty containers(a)(1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section , is not subject to regulation under R.61-79.261 through R.61-79.266, or R.61-79.268, R.61-79.124, and R.61-79.270 or to the notification requirements of section 3010RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)(2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section , is subject to regulation under R.61-79.261 through R.61-79.266, and R.61-79.268, R.61-79.124, and R.61-79.270 and to the notification requirements of section 3010RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)(b)(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in section s261.31 or 261.33(e) of this regulation, is empty if: (i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and(ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or(iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or(B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.(2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.(3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in section s261.31 or 261.33(e) of this regulation is empty if: (i) the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;(ii) the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or(iii) in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.(c) Containers of hazardous waste pharmaceuticals are subject to section 266.507 for determining when they are considered empty, in lieu of this section , except as provided by section s 266.507(c) and (d).S.C. Code Regs. § 61-79.261.A.7
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 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 36, Issue No. 9, eff September 28, 2012; State Register Volume 44, Issue No. 11, eff. 11/27/2020.