South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart A - GENERAL
Section 61-79.261.A.7 - Residues of hazardous waste in empty containers
Universal Citation: SC Code Regs 61-79.261.A.7
Current through Register Vol. 48, No. 9, September 27, 2024
(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).
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