S.C. Code Regs. § 61-79.265.A.1

Current through Register Vol. 48, No. 5, May 24, 2024

Section 61-79.265.A.1 - Purpose, scope, and applicability

(a) The purpose of this part is to establish minimum national standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to postclosure requirements, until postclosure responsibilities are fulfilled.

(b) Except as provided in 265.1080(b), the standards of this part, and of 264.552, 264.553 and 264.554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under 44-56-60 and section 3005(e)(e) of RCRA and 270.70 until either a permit is issued under 44-56-60 and section 3005 of RCRA or until applicable part 265 closure and postclosure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required under section 44-56-120 of the 1976 Code of Laws of South Carolina and by section 3010(a)(a) of RCRA, as amended, and/or failed to file part A of the permit application as required by 270.10 (e) and (g). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after the effective date of these regulations, except as specifically provided otherwise in this part or part 261. (12/92; 12/93; 9/98)

[Comment: As stated in section 44-56-60 and section 3005(e)(a) of RCRA, after the effective date of regulations under that section (i.e., parts 270 and 124 of this chapter), the treatment, storage and disposal of hazardous waste is prohibited except in accordance with a permit. section 44-56-50 and section 3005(a)(e) of RCRA provides for the continued operation of an existing facility that meets certain conditions, until final administrative disposition of the owner's and operator's permit application is made.] (revised 12/92)

(c) The requirements of this part do not apply to:

(1) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act.

[Comment: These part 265 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in paragraph (b).]

(2) [Reserved 5/96]

(3) The owner or operator of a POTW which treats, stores, or disposed of hazardous waste;

[Comment: The owner or operator of a facility under paragraphs (c)(1) through (3) of this section is subject to the requirements of part 264 of this chapter to the extent they are included in a permit by rule granted to such a person under R.61-79.270.]

(4) [Reserved]

(5) The owner or operator of a facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by R.61-79.262.14;

(6) The owner and operator of a facility managing recyclable materials described in 261.6 (a)(2), (3), and (4) (except to the extent they are referred to in subparts C, F, G, or H of part 266). (revised 5/96)

(7) A generator accumulating waste onsite in compliance with applicable conditions for exemption in R.61-79.262.14 through 262.17, and R.61-79.262 subparts K and L, except to the extent the requirements of R.61-79.265 are included in those sections and subparts;

(8) A farmer disposing of waste pesticides from his own use in compliance with section 262.70; or

(9) The owner or operator of a totally enclosed treatment facility, as defined in section 260.10.

(10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in 260.10 of these regulations, 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 265.17(b). (revised 12/93; 5/96)

(11) [Header Reserved 12/92, following text retained]

(i) Except as provided in paragraph (c)(11)(ii) of this section , a person engaged in treatment or containment activities during immediate response to any of the following situations: (revised 12/93)

(A) A discharge of a hazardous waste;

(B) An imminent and substantial threat of a discharge of a 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 part must comply with all applicable requirements of subparts C and D below.

(iii) Any person who is covered by paragraph (c)(11)(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 part and R.61-79.270 and .124 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.

(12) 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.

(13) The addition of absorbent material to waste in a container (as defined in R.61-79.260.10 or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and R.61-79.265.17(b)(b), and Subpart I section s265.171 and 265.172 are complied with.

(14) 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.

(15) [Reserved]

(16) 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.

(d) The following hazardous wastes must not be managed at facilities subject to regulation under this Regulation.

(1) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:

(i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;

(ii) The waste is stored in tanks or containers;

(iii) The waste is stored or treated in waste piles that meet the requirements of R.61-79.264.250(c)(c)as well as all other applicable requirements of Subpart L of this Regulation;

(iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in Subpart O section 265.352; or

(v) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in Subpart P section 265.383.

(e) The requirements of this part apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in part 268 and the part 268 standards are considered material conditions or requirements of the part 265 interim status standards. (amended 11/90)

(f) section 266.205 of this chapter identifies when the requirements of this part apply to the storage of military munitions classified as solid waste under 266.202 of this chapter. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in parts 260 through 270.

S.C. Code Regs. 61-79.265.A.1

Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; 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. 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 24, Issue No. 8, eff August 25, 2000; State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 43, Issue No. 05, eff. 5/24/2019; State Register Volume 44, Issue No. 11, eff. 11/27/2020; State Register Volume 45, Issue No. 05, eff. 5/28/2021; State Register Volume 46, Issue No. 05, eff. 5/27/2022.