S.C. Code Regs. § 61-79.265.O.340

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

Section 61-79.265.O.340 - Applicability.(6/03)

(a) The regulations of this Subpart apply to owners and operators of hazardous waste incinerators (as defined in 260.10 of this chapter), except as 265.1 provides otherwise.

(b) Integration of the MACT standards.

(1) Except as provided by paragraphs (b)(2) and (b)(3), the standards no longer apply when an owner or operator demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the Department a Notification of Compliance under 40 CFR part 63.1207(j) and 63.1210(d) documenting compliance with the requirements of part 63, subpart EEE.

(2) The following requirements continue to apply:

(i) the closure requirements of 266.102(e)(11) and 266.103(l);

(ii) the standards for direct transfer of 266.111

(iii) the standards for regulation of residues of 266.212; and

(iv) the applicable requirements of Subparts A through H, BB and CC of parts 264 and 265.

(c) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this Subpart, except 265.351 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in part 261, Appendix VIII, of this chapter, and such documentation is retained at the facility, if the waste to be burned is:

(1) Listed as a hazardous waste in R.61-79.261 Subpart D, solely because it is ignitable (Hazard Code I), Corrosive (Hazard Code C), or both; or,

(2) Listed as a hazardous waste in R.61-79.261 Subpart D, solely because it is reactive (Hazard Code R) for characteristics other than those listed in R.61-79.261.23 (a)(4) and (a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or,

(3) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under R.61-79.261 Subpart C; or,

(4) A hazardous waste solely because it possesses the reactivity characteristics described by 261.23 (a) (1), (2), (3), (6), (7), or (8) of this chapter, and will not be burned when other hazardous wastes are present in the combustion zone.

S.C. Code Regs. 61-79.265.O.340

Amended by 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 17, Issue No. 12, eff December 24, 1993; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 30, Issue No. 6, eff June 23, 2006; State Register Volume 32, Issue No. 6, eff June 27, 2008.