S.C. Code Regs. § § 61-79.268.A.9
Current through Register Vol. 48, 12, December 27, 2024
Section 61-79.268.A.9 - Special rules regarding wastes that exhibit a characteristic(a) The initial generator of a solid waste must determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under subpart D of this part. This determination may be made concurrently with the hazardous waste determination required in 262.11. For purposes of part 268, the waste will carry the waste code for any applicable listed waste (part 261, subpart D). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (part 261, subpart C), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in paragraph (b) of this section. If the generator determines that their waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of 268.42, Table 1), the generator must determine the underlying hazardous constituents (as defined at 268.2(i)) in the characteristic waste.(b) Where a prohibited waste is both listed under part 261, subpart D and exhibits a characteristic under part 261, subpart C, the treatment standard for the waste code listed in part 261, subpart D will operate in lieu of the standard for the waste code under part 261, subpart C, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under 261 subpart C may be land disposed unless the waste complies with the treatment standards under subpart D of this part.(d) Wastes that exhibit a characteristic are also subject to 268.7 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generator's or treater's on-site files. The notification and certification must be updated if the process or operation generating the waste changes and/or if the subtitle D facility receiving the waste changes. (1) The notification must include the following information:(i) Name and address of the RCRA Subtitle D facility receiving the waste shipment; and (revised 12/93)(ii) A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in 268.2(i)), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice. (revised 12/93; 5/96)(2) The certification must be signed by an authorized representative and must state the language found in 268.7(b)(4). (12/93)(i) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in 268.7 (b)(4)(iv) applies. (5/96)S.C. Code Regs. § 61-79.268.A.9
Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by 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 32, Issue No. 6, eff June 27, 2008; State Register Volume 46, Issue No. 05, eff. 5/27/2022.