Current through Register Vol. 48, No. 9, September 27, 2024
(a) These regulations establish standards for
generators of hazardous waste as defined by R.61-79.260.10.
(1) A person who generates a hazardous waste
as defined by R.61-79.261 is subject to all the applicable independent
requirements in the subparts and section s listed below:
(i) Independent requirements of a very small
quantity generator.
(A) section 262.11(a)
through (d) Hazardous waste determination and recordkeeping;
(B) section 262.12 Notification requirements
upon generators; and
(C) section
262.13 Generator category determination.
(ii) Independent requirements of a small
quantity generator.
(A) section 262.11
Hazardous waste determination and recordkeeping;
(B) section 262.12 Notification requirements
upon generators;
(C) section 262.13
Generator category determination;
(D) section 262.18 EPA identification numbers
and renotification for small quantity generators and large quantity
generators;
(E) R.61-79.262 subpart
B-Manifest requirements applicable to small and large quantity
generators;
(F) R.61-79.262 subpart
C-Pre-transport requirements applicable to small and large quantity
generators;
(G) section 262.40
Recordkeeping;
(H) section 262.44
Recordkeeping for small quantity generators; and
(I) R.61-79.262 subpart H-Transboundary
movements of hazardous waste for recovery or disposal.
(iii) Independent requirements of a large
quantity generator.
(A) section 262.11
Hazardous waste determination and recordkeeping;
(B) section 262.12 Notification requirements
upon generators;
(C) section 262.13
Generator category determination;
(D) section 262.18 EPA identification numbers
and renotification for small quantity generators and large quantity
generators;
(E) R.61-79.262 subpart
B-Manifest requirements applicable to small and large quantity
generators;
(F) R.61-79.262 subpart
C-Pre-transport requirements applicable to small and large quantity
generators;
(G) R.61-79.262 subpart
D-Recordkeeping and reporting applicable to small and large quantity
generators, except section 262.44; and
(H) R.61-79.262 subpart H-Transboundary
movements of hazardous waste for recovery or
disposal.
(2) A
generator that accumulates hazardous waste on site is a person that stores
hazardous waste; such generator is subject to the applicable requirements of
R.61-79.124, 264 through 266, 270, the SC Hazardous Waste Management Act
section
44-56-120,
and section 3010 of RCRA, unless it is one of the following:
(i) A very small quantity generator that
meets the conditions for exemption in section 262.14;
(ii) A small quantity generator that meets
the conditions for exemption in section s 262.15 and 262.16; or
(iii) A large quantity generator that meets
the conditions for exemption in section s 262.15 and
262.17.
(3) A generator
shall not transport, offer its hazardous waste for transport, or otherwise
cause its hazardous waste to be sent to a facility that is not a designated
facility, as defined in section 260.10 or not otherwise authorized to receive
the generator's hazardous waste.
(b) Determining generator category. A
generator must use section 262.13 to determine which provisions of this part
are applicable to the generator based on the quantity of hazardous waste
generated per calendar month.
(d) Any person who
exports or imports hazardous wastes must comply with R.61-79.262.18 and
R.61-79.262 subpart H.
(e) Any
person who imports hazardous waste into the United States must comply with the
standards applicable to generators established in this part.
(f) A farmer who generates waste pesticides
which are hazardous waste and who complies with all of the requirements of
262.70 is not required to comply with other standards in this part or
R.61-79.270, R.61-79.264, or R.61-79.265 or .268 with respect to such
pesticides.
(g)
(1) A generator's violation of an independent
requirement is subject to penalty and injunctive relief under the SC Hazardous
Waste Management Act
44-56-120
and section 3008 of RCRA
(2) A
generator's noncompliance with a condition for exemption in this part is not
subject to penalty or injunctive relief under the SC Hazardous Waste Management
Act 44-56-120 and section 3008 of RCRA as a violation of a R.61-79.262
condition for exemption. Noncompliance by any generator with an applicable
condition for exemption from storage permit and operations requirements means
that the facility is a storage facility operating without an exemption from the
permit, interim status, and operations requirements in R.61-79.124, 264 through
266, and 270 of this chapter, and the notification requirements of section 3010
of RCRA. Without an exemption, any violations of such storage requirements are
subject to penalty and injunctive relief under the SC Hazardous Waste
Management Act section 44-56-120 and section 3008 of RCRA.
(h) An owner or operator who initiates a
shipment of hazardous waste from a treatment, storage, or disposal facility
must comply with the generator standards established in this part.
(i) Persons responding to an explosives or
munitions emergency in accordance with 264.1(g)(8)(i)(D) or (iv) or
265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to
comply with the standards of this part.
Note: A generator who treats, stores, or
disposes of hazardous waste onsite must comply with the applicable standards
and permit requirements set forth in parts 264, 265, 266, 268, and 270.
(l) The laboratories owned by an eligible
academic entity that chooses to be subject to the requirements of R.61-79.262
subpart K are not subject to (for purposes of this paragraph, the terms
"laboratory" and "eligible academic entity" shall have the meaning as defined
in section 262.200):
(1) the independent
requirements of section 262.11 or the regulations in section 262.15 for large
quantity generators and small quantity generators, except as provided in
subpart K, and
(2) the conditions of
section 262.14, for very small quantity generators, except as provided in
subpart K.
(m) All
reverse distributors (as defined in section 266.500) are subject to part 266,
subpart P for the management of hazardous waste pharmaceuticals in lieu of this
part.
(n) Each healthcare facility
(as defined in section 266.500) must determine whether it is subject to part
266, subpart P for the management of hazardous waste pharmaceuticals, based on
the total hazardous waste it generates per calendar month (including both
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A
healthcare facility that generates more than 100 kg (220 pounds) of hazardous
waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous
waste per calendar month, or more than 100 kg (220 pounds) per calendar month
of any residue or contaminated soil, water, or other debris, resulting from the
cleanup of a spill, into or on any land or water, of any acute hazardous wastes
listed in section 261.31 or section 261.33(e), is subject to part 266, subpart
P for the management of hazardous waste pharmaceuticals in lieu of this part. A
healthcare facility that is a very small quantity generator when counting all
of its hazardous waste, including both its hazardous waste pharmaceuticals and
its non-pharmaceutical hazardous waste, remains subject to section 262.14 and
is not subject to part 266, subpart P, except for section s 266.505 and 266.507
and the optional provisions of section 266.504.
