S.C. Code Regs. § § 61-79.268.D.44
Current through Register Vol. 48, 12, December 27, 2024
Section 61-79.268.D.44 - Variance from a treatment standard(a) Based on a petition filed by a generator or treater of hazardous waste, the Administrator may approve a variance from an applicable treatment standard if: (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show th this is the case, the petitioner must either demonstrate that:(i) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or(ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.(b) Each petition must be submitted in accordance with the procedures in R.61-79.260.20.(c) Each petition must include the following statement signed by the petitioner or an authorized representative: (amended 11/90) I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (amended 11/90)
(d) After receiving a petition for variance from a treatment standard, the Administrator may request any additional information or samples which he may require to evaluate the petition. Additional copies of the complete petition may be requested as needed to send to affected states and Regional Offices. (amended 11 90)(e) The Regional Administrator will give public notice in the Federal Register of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a variance from a treatment standard will be published in the Federal Register.(f) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards must comply with the waste analysis requirements for restricted wastes found under section268.7.(g) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this part once the effective date for the waste has been reached.(h) Based on a petition filed by a generator or treater of hazardous waste, the Department may approve a site-specific variance from an applicable treatment standard if: (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner must either demonstrate that: (i) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standards is not based on combustion of such media); or(ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.(3) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under this paragraph must:(i) At a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario:(A) For carcinogens, achieve constituent concentrations that result in the total excess risk an individual exposed over a lifetime generally falling within a range from 10-4 to 10-6; and(B) For constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to an daily basis without appreciable risk of deleterious effect during a lifetime(ii) Not consider post-land-disposal controls. (4) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will land disposed.(5) Public notice and a reasonable opportunity for public comment must be provided before granting or denying a petition.(i) Each application for a site-specific variance from a treatment standard must include the information in 260.20(b)(1)(4). (amended 11/90)(j) After receiving an application for a site-specific variance from a treatment standard, the EPA and the Department may request any additional information or samples which may be required to evaluate the application. (amended 11/90)(k) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes found under 268.7.(l) During the application review process, the applicant for a site-specific variance must comply with all restrictions on land disposal under this part once the effective date for the waste has been reached. (amended 11/90)(m) For all variances, the petitioner must also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the Department and EPA may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to 266.20 through 266.23.(o) The following facilities are excluded from the treatment standards under 268.40,and are subject to the following constituent concentrations: (revised 12/92). TABLE--WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER 268.40
WIDETABLE |
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Facility name [FN1] | Waste | See also | Regulated | Wastewaters | Nonwastewaters |
and address constituent | code (mg/l) | hazardous | Concentration (mg/kg) | Notes | Concentration |
Craftsman Plating & Tinning, Corp., Chicago, IL. | F006 | Table CCWE in 268.40 | Cyanides (Total) Cyanides (Amenable) Cadmium Chromium Lead Nickel | 1.2 .86 1.6 .32 .040 .44 | ( [FN2]) ( [FN2]& [FN3]) ---- ---- ---- ---- | 1800 30 NA NA NA NA | ( [FN4]) ( [FN4]) ---- ---- ---- ---- |
Northwestern Plating Works, Inc., Chicago, IL | F006 | Table CCWE in 268.40 | Cyanides (Total) Cyanides (Amenable) Cadmium Chromium Lead Nickel | 1.2 .86 1.6 .32 .040 .44 | ( [FN2]& [FN3]) ( [FN2]) ---- ---- ---- ---- | 970 30 NA NA NA NA | ( [FN4]) ( [FN4]) ---- ---- ---- ---- |
FOOTNOTE: ( [FN1])-A facility may certify compliance with these treatment standards according to provisions in 268.7. |
FOOTNOTE: ( [FN2])-Cyanide Wastewater Standards for F006 are based on analysis of composite samples. |
FOOTNOTE: ( [FN3])-These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline chlorination system. These facilities must also comply with 268.7.a.4 for appropriate monitoring frequency consistent with the facilities' waste analysis plan. |
FOOTNOTE: ( [FN4])-Cyanide nonwastewaters are analyzed using SW-846 Method 9010 or 9012, sample size 10 grams, distillation time, 1 hour and 15 minutes. Note: NA means Not Applicable. |
S.C. Code Regs. § 61-79.268.D.44
Amended by 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 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999.