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 B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Section 61-79.261.B.11 - Criteria for listing hazardous waste
Universal Citation: SC Code Regs 61-79.261.B.11
Current through Register Vol. 48, No. 9, September 27, 2024
(a) The Department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:
(1) It exhibits any
of the characteristics of hazardous waste identified in Subpart C.
(2) It has been found to be fatal to humans
in low doses or, in the absence of data on human toxicity, it has been shown in
studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per
kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per
liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly contributing to an
increase in serious irreversible, or incapacitating reversible, illness. (Waste
listed in accordance with these criteria will be designated Acute Hazardous
Waste.)
(3) It contains any of the
toxic constituents listed in appendix VIII and, after considering the following
factors, the Department concludes that the waste is capable of posing a
substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by
the constituent.
(ii) The
concentration of the constituent in the waste.
(iii) The potential of the constituent or any
toxic degradation product of the constituent to migrate from the waste into the
environment under the types of improper management considered in paragraph
(a)(3)(vii).
(iv) The persistence
of the constituent or any toxic degradation product of the
constituent.
(v) The potential for
the constituent or any toxic degradation product of the constituent to degrade
into non-harmful constituents and the rate of degradation.
(vi) The degree to which the constituent or
any degradation product of the constituent bioaccumulates in
ecosystems.
(vii) The plausible
types of improper management to which the waste could be subjected.
(viii) The quantities of the waste generated
at individual generation sites or on a regional or national basis.
(ix) The nature and severity of the human
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent.
(x) Action taken by other governmental
agencies or regulatory programs based on the health or environmental hazard
posed by the waste or waste constituent.
(xi) Such other factors as may be
appropriate. Substances will be listed in Appendix VIII only if they have been
shown in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms. (Wastes listed in accordance
with these criteria will be designated Toxic wastes.)
(b) The Department list classes or types of solid waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste in Section 261.3 and found in section 1004(5)(5) of RCRA.
(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits referred to in section 262.13.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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