South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subpart A - GENERAL
Section 61-79.262.A.14 - Conditions for exemption for a very small quantity generator
Universal Citation: SC Code Regs 61-79.262.A.14
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Provided that the very small quantity generator meets all the conditions for exemption listed in this section , hazardous waste generated by the very small quantity generator is not subject to the requirements of R.61-79.124, 262 (except section s 262.10-262.14) through 268, and 270, and the notification requirements of the SC Hazardous Waste Management Act section 44-56-120 and section 3010 of RCRA and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. The conditions for exemption are as follows:
(1)
In a calendar month the very small quantity generator generates less than or
equal to the amounts specified in the definition of "very small quantity
generator" in R.61-79.260.10;
(2)
The very small quantity generator complies with R.61-79.262.11(a) through
(d);
(3) If the very small quantity
generator accumulates at any time greater than one (1) kilogram (2.2 pounds) of
acute hazardous waste or one hundred (100) kilograms (220 pounds) 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 waste listed
in R.61-79.261.31 or 261.33(e), all quantities of that acute hazardous waste
are subject to the following additional conditions for exemption:
(i) Such waste is held on site for no more
than ninety (90) days beginning on the date when the accumulated wastes exceed
the amounts provided above; and
(ii)
The conditions for exemption in R.61-79.262.17(a) through
(g).
(4) If the very
small quantity generator accumulates at any time one thousand (1,000) kilograms
(2,200 pounds) or greater of non-acute hazardous waste, all quantities of that
hazardous waste are subject to the following additional conditions for
exemption:
(i) Such waste is held on site for
no more than one hundred eighty (180) days, or two hundred seventy (270) days,
if applicable, beginning on the date when the accumulated waste exceeds the
amounts provided above;
(ii) The
quantity of waste accumulated on site never exceeds six thousand (6,000)
kilograms (13,200 pounds); and
(iii)
The conditions for exemption in R.61-79.262.16(b)(2) through
(f).
(5) A very small
quantity generator that accumulates hazardous waste in amounts less than or
equal to the limits in paragraphs (a)(3) and (4) of this section must either
treat or dispose of its hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either of
which, if located in the U.S., is:
(i)
Permitted under R.61-79.270;
(ii) In
interim status under R.61-79.265 and 270;
(iii) [Reserved]
(iv) Permitted, licensed, or registered by a
state to manage municipal solid waste and, if managed in a municipal solid
waste landfill is subject to R.61-107.19 and 40 CFR Part 258;
(v) Permitted, licensed, or registered by a
state to manage non-municipal non-hazardous waste and, if managed in a
non-municipal non-hazardous waste disposal unit, is subject to the requirements
in R.61-107.19 and
40
CFR 257.5 through
257.30;
(vi) A facility which:
(A) Beneficially uses or reuses, or
legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use
or reuse, or legitimate recycling or reclamation;
(vii) For universal waste managed under
R.61-79.273, a universal waste handler or destination facility subject to the
requirements of R.61-79.273;
(viii)
A large quantity generator under the control of the same person as the very
small quantity generator, provided the following conditions are met:
(A) The very small quantity generator and the
large quantity generator are under the control of the same person as defined in
R.61-79.260.10. "Control," for the purposes of this section , means the power
to direct the policies of the generator, whether by the ownership of stock,
voting rights, or otherwise, except that contractors who operate generator
facilities on behalf of a different person as defined in R.61-79.260.10 shall
not be deemed to "control" such generators.
(B) The very small quantity generator marks
its container(s) of hazardous waste with:
(1)
The words "Hazardous Waste" and
(2)
An indication of the hazards of the contents (examples include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code
704).
(ix)
[Reserved]
(x) [Reserved]
(xi) For airbag waste, an airbag waste
collection facility or a designated facility subject to the requirements of
261.4(j) of this chapter.
(b) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfills is prohibited.
(c) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with R.61-79.262 subpart L in lieu of R.61-79.262.15, 262.16, and 262.17.
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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