Current through Register Vol. 48, No. 9, September 27, 2024
A large quantity generator may accumulate hazardous waste
on site without a permit or interim status, and without complying with the
requirements of R.61-79.124, 264, and 270, or the notification requirements of
the SC Hazardous Waste Management Act Section
44-56-120
and section 3010 of RCRA, provided that all of the following conditions for
exemption are met:
(a) Accumulation. A
large quantity generator accumulates hazardous waste on site for no more than
ninety (90) days, unless in compliance with the accumulation time limit
extension or F006 accumulation conditions for exemption in paragraphs (b)
through (e) of this section. The following accumulation conditions also apply:
(1) Accumulation of hazardous waste in
containers. If the hazardous waste is placed in containers, the large quantity
generator must comply with the following:
(i)
Air emission standards. The applicable requirements of subparts AA, BB, and CC
of R.61-79.265;
(ii) Condition of
containers. If a container holding hazardous waste is not in good condition, or
if it begins to leak, the large quantity generator must immediately transfer
the hazardous waste from this container to a container that is in good
condition, or immediately manage the waste in some other way that complies with
the conditions for exemption of this section;
(iii) Compatibility of waste with container.
The large quantity generator must use a container made of or lined with
materials that will not react with, and are otherwise compatible with, the
hazardous waste to be stored, so that the ability of the container to contain
the waste is not impaired;
(iv)
Management of containers.
(A) A container
holding hazardous waste must always be closed during accumulation, except when
it is necessary to add or remove waste.
(B) A container holding hazardous waste must
not be opened, handled, or stored in a manner that may rupture the container or
cause it to leak.
(v)
Inspections. At least weekly, the large quantity generator must inspect central
accumulation areas. The large quantity generator must look for leaking
containers and for deterioration of containers caused by corrosion or other
factors. See paragraph (a)(1)(ii) of this section for remedial action required
if deterioration or leaks are detected.
(vi) Special conditions for accumulation of
ignitable and reactive wastes.
(A) Containers
holding ignitable or reactive waste must be located at least fifteen (15)
meters (50 feet) from the facility's property line unless a written approval is
obtained from the authority having jurisdiction over the local fire code
allowing hazardous waste accumulation to occur within this restricted area. A
record of the written approval must be maintained as long as ignitable or
reactive hazardous waste is accumulated in this area.
(B) The large quantity generator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction including but not limited to the following: Open flames, smoking,
cutting and welding, hot surfaces, frictional heat, sparks (static, electrical,
or mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the large quantity generator must confine smoking and open flame to
specially designated locations. "No Smoking" signs must be conspicuously placed
wherever there is a hazard from ignitable or reactive waste.
(vii) Special conditions for
accumulation of incompatible wastes.
(A)
Incompatible wastes, or incompatible wastes and materials, (see appendix V of
R.61-79.265 for examples) must not be placed in the same container, unless
R.61-79.265.17(b) is complied with.
(B) Hazardous waste must not be placed in an
unwashed container that previously held an incompatible waste or material (see
appendix V of R.61-79.265 for examples), unless 265.17(b) is complied
with.
(C) A container holding a
hazardous waste that is incompatible with any waste or other materials
accumulated or stored nearby in other containers, piles, open tanks, or surface
impoundments must be separated from the other materials or protected from them
by means of a dike, berm, wall, or other device.
(2) Accumulation of hazardous
waste in tanks. If the waste is placed in tanks, the large quantity generator
must comply with the applicable requirements of subpart J, except section
265.197(c) of Closure and post-closure care and R.61-79.265.200-Waste analysis
and trial tests, as well as the applicable requirements of R.61-79.265 subparts
AA, BB, and CC.
(3) Accumulation of
hazardous waste on drip pads. If the hazardous waste is placed on drip pads,
the large quantity generator must comply with the following:
(i) R.61-79.265 subpart W;
(ii) The large quantity generator must remove
all wastes from the drip pad at least once every ninety (90) days. Any
hazardous wastes that are removed from the drip pad are then subject to the
ninety (90)-day accumulation limit in paragraph (a) of this section and
R.61-79.262.15, if the hazardous wastes are being managed in satellite
accumulation areas prior to being moved to a central accumulation area;
and
(iii) The large quantity
generator must maintain on site at the facility the following records readily
available for inspection:
(A) A written
description of procedures that are followed to ensure that all wastes are
removed from the drip pad and associated collection system at least once every
ninety (90) days; and
(B)
Documentation of each waste removal, including the quantity of waste removed
from the drip pad and the sump or collection system and the date and time of
removal.
(4)
Accumulation of hazardous waste in containment buildings. If the waste is
placed in containment buildings, the large quantity generator must comply with
R.61-79.265 subpart DD. The generator must label its containment building with
the words "Hazardous Waste" in a conspicuous place easily visible to employees,
visitors, emergency responders, waste handlers, or other persons on site, and
also in a conspicuous place provide 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). The
generator must also maintain:
(i) The
professional engineer certification that the building complies with the design
standards specified in R.61-79.265.1101. This certification must be in the
generator's files prior to operation of the unit; and
(ii) The following records by use of
inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
ensure that each waste volume remains in the unit for no more than ninety (90)
days, a written description of the waste generation and management practices
for the facility showing that the generator is consistent with respecting the
ninety (90) day limit, and documentation that the procedures are complied with;
or
(B) Documentation that the unit
is emptied at least once every ninety (90) days.
(C) Inventory logs or records with the above
information must be maintained on site and readily available for
inspection.
(5) Labeling and marking of containers and
tanks-
(i) Containers. A large quantity
generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) 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);
and
(C) The date upon which each
period of accumulation begins clearly visible for inspection on each
container.
(ii) Tanks. A
large quantity generator accumulating hazardous waste in tanks must do the
following:
(A) Mark or label its tanks with
the words "Hazardous Waste";
(B)
Mark or label its tanks with 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);
(C) Use inventory logs, monitoring equipment
or other records to demonstrate that hazardous waste has been emptied within
ninety (90) days of first entering the tank if using a batch process, or in the
case of a tank with a continuous flow process, demonstrate that estimated
volumes of hazardous waste entering the tank daily exit the tank within ninety
(90) days of first entering; and
(D) Keep inventory logs or records with the
above information on site and readily available for inspection.
(6) Emergency
procedures. The large quantity generator complies with the standards in subpart
M of this part, Preparedness, Prevention and Emergency Procedures for Large
Quantity Generators.
(7) Personnel
training.
(i)
(A) Facility personnel must successfully
complete a program of classroom instruction, online training (e.g.,
computer-based or electronic), or on-the-job training that teaches them to
perform their duties in a way that ensures compliance with this part. The large
quantity generator must ensure that this program includes all the elements
described in the document required under paragraph (a)(7)(iv) of this
section.
(B) This program must be
directed by a person trained in hazardous waste management procedures, and must
include instruction which teaches facility personnel hazardous waste management
procedures (including contingency plan implementation) relevant to the
positions in which they are employed.
(C) At a minimum, the training program must
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including where applicable:
(1) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(2) Key parameters for automatic waste feed
cut-off systems;
(3) Communications
or alarm systems;
(4) Response to
fires or explosions;
(5) Response
to groundwater contamination incidents; and
(6) Shutdown of operations.
(D) For facility employees that
receive emergency response training pursuant to Occupational Safety and Health
Administration regulations
29 CFR
1910.120(p)(8) and
1910.120(q),
the large quantity generator is not required to provide separate emergency
response training pursuant to this section, provided that the overall facility
training meets all the conditions of exemption in this section.
(ii) Facility personnel must
successfully complete the program required in paragraph (a)(7)(i) of this
section within six (6) months after the date of their employment or assignment
to the facility, or to a new position at the facility, whichever is later.
Employees must not work in unsupervised positions until they have completed the
training standards of paragraph (a)(7)(i) of this section.
(iii) Facility personnel must take part in an
annual review of the initial training required in paragraph (a)(7)(i) of this
section.
(iv) The large quantity
generator must maintain the following documents and records at the facility:
(A) The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
(B) A written job
description for each position listed under paragraph (a)(7)(iv)(A) of this
section. This description may be consistent in its degree of specificity with
descriptions for other similar positions in the same company location or
bargaining unit, but must include the requisite skills, education, or other
qualifications, and duties of facility personnel assigned to each
position;
(C) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under paragraph (a)(7)(iv)(A)
of this section;
(D) Records that
document that the training or job experience, required under paragraphs
(a)(7)(i), (ii), and (iii) of this section, has been given to, and completed
by, facility personnel.
(v) Training records on current personnel
must be kept until closure of the facility. Training records on former
employees must be kept for at least three (3) years from the date the employee
last worked at the facility. Personnel training records may accompany personnel
transferred within the same company.
(8) Closure. A large quantity generator
accumulating hazardous wastes in containers, tanks, drip pads, and containment
buildings, prior to closing a unit at the facility, or prior to closing the
facility, must meet the following conditions:
(i) Notification for closure of a waste
accumulation unit. A large quantity generator must perform one of the following
when closing a waste accumulation unit:
(A)
Place a notice in the operating record within thirty (30) days after closure
identifying the location of the unit within the facility; or
(B) Meet the closure performance standards of
paragraph (a)(8)(iii) of this section for container, tank, and containment
building waste accumulation units or paragraph (a)(8)(iv) of this section for
drip pads and notify the Department following the procedures in paragraph
(a)(8)(ii)(B) of this section for the waste accumulation unit. If the waste
accumulation unit is subsequently reopened, the generator may remove the notice
from the operating record.
(ii) Notification for closure of the
facility.
(A) Notify the Department using
Form 8700-12 no later than thirty (30) days prior to closing the
facility.
(B) Notify the Department
using Form 8700-12 within ninety (90) days after closing the facility that it
has complied with the closure performance standards of paragraph (a)(8)(iii) or
(iv) of this section. If the facility cannot meet the closure performance
standards of paragraph (a)(8)(iii) or (iv) of this section, notify the
Department using Form 8700-12 that it will close as a landfill under
R.61-79.265.310 of this chapter in the case of a container, tank or containment
building unit(s), or for a facility with drip pads, notify using Form 8700-12
that it will close under the standards of R.61-79.265.445(b).
(C) A large quantity generator may request
additional time to clean close, but it must notify the Department using form
8700-12 within 75 days after the date provided in paragraph (a)(8)(ii)(A) of
this section to request an extension and provide an explanation as to why the
additional time is required.
(iii) Closure performance standards for
container, tank systems, and containment building waste accumulation units.
(A) At closure, the generator must close the
waste accumulation unit or facility in a manner that:
(1) Minimizes the need for further
maintenance by controlling, minimizing, or eliminating, to the extent necessary
to protect human health and the environment, the post-closure escape of
hazardous waste, hazardous constituents, leachate, contaminated run-off, or
hazardous waste decomposition products to the ground or surface waters or to
the atmosphere.
(2) Removes or
decontaminates all contaminated equipment, structures and soil and any
remaining hazardous waste residues from waste accumulation units including
containment system components (pads, liners, etc.), contaminated soils and
subsoils, bases, and structures and equipment contaminated with waste, unless
R.61-79.261.3(d) applies.
(3) Any
hazardous waste generated in the process of closing either the generator's
facility or unit(s) accumulating hazardous waste must be managed in accordance
with all applicable standards of R.61-79.262, 263, 265, and 268 of this
chapter, including removing any hazardous waste contained in these units within
ninety (90) days of generating it and managing these wastes in a RCRA Subtitle
C hazardous waste permitted treatment, storage, and disposal facility or
interim status facility.
(4) If the
generator demonstrates that any contaminated soils and wastes cannot be
practicably removed or decontaminated as required in paragraph (a)(8)(ii)(A)(2)
of this section, then the waste accumulation unit is considered to be a
landfill and the generator must close the waste accumulation unit and perform
post-closure care in accordance with the closure and post-closure care
requirements that apply to landfills (R.61-79.265.310). In addition, for the
purposes of closure, post-closure, and financial responsibility, such a waste
accumulation unit is then considered to be a landfill, and the generator must
meet all of the requirements for landfills specified in R.61-79.265 subparts G
and H.
(iv)
Closure performance standards for drip pad waste accumulation units. At
closure, the generator must comply with the closure requirements of paragraphs
(a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of this section, and
R.61-79.265.445(a) and (b).
(v) The
closure requirements of paragraph (a)(8) of this section do not apply to
satellite accumulation areas.
(9) Land disposal restrictions. The large
quantity generator complies with all applicable requirements under
R.61-79.268.
(b)
Accumulation time limit extension. A large quantity generator who accumulates
hazardous waste for more than ninety (90) days is subject to the requirements
of R.61-79.124, 264 through 268, and 270, and the notification requirements of
the SC Hazardous Waste Management Act Section
44-56-120
and section 3010 of RCRA, unless it has been granted an extension to the ninety
(90)-day period. Such extension may be granted by the Department if hazardous
wastes must remain on site for longer than ninety (90) days due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to thirty (30)
days may be granted at the discretion of the Department on a case-by-case
basis.
(c) Accumulation of F006. A
large quantity generator who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the EPA
hazardous waste number F006, may accumulate F006 waste on site for more than 90
days, but not more than 180 days without being subject to R.61-79.124, 264, and
270, and the notification requirements of the SC Hazardous Waste Management Act
Section
44-56-120
and section 3010 of RCRA, provided that it complies with all of the following
additional conditions for exemption:
(1) The
large quantity generator has implemented pollution prevention practices that
reduce the amount of any hazardous substances, pollutants, or contaminants
entering F006 or otherwise released to the environment prior to its
recycling;
(2) The F006 is
legitimately recycled through metals recovery;
(3) No more than twenty thousand (20,000)
kilograms of F006 waste is accumulated on site at any one time; and
(4) The F006 waste is managed in accordance
with the following:
(i)
(A) If the F006 waste is placed in
containers, the large quantity generator must comply with the applicable
conditions for exemption in paragraph (a)(1) of this section; and/or
(B) If the F006 is placed in tanks, the large
quantity generator must comply with the applicable conditions for exemption of
paragraph (a)(2) of this section; and/or
(C) If the F006 is placed in containment
buildings, the large quantity generator must comply with R.61-79.265 subpart
DD, and has placed its professional engineer certification that the building
complies with the design standards specified in R.61-79.265.1101 in the
facility's files prior to operation of the unit. The large quantity generator
must maintain the following records:
(1) A
written description of procedures to ensure that the F006 waste remains in the
unit for no more than one hundred eighty (180) days, a written description of
the waste generation and management practices for the facility showing that
they are consistent with the one hundred eighty (180)-day limit, and
documentation that the large quantity generator is complying with the
procedures; or
(2) Documentation
that the unit is emptied at least once every one hundred eighty (180)
days.
(ii)
The large quantity generator is exempt from all the requirements in R.61-79.265
subparts G and H, except for those referenced in paragraph (a)(8) of this
section.
(iii) The date upon which
each period of accumulation begins is clearly marked and must be clearly
visible for inspection on each container;
(iv) While being accumulated on site, each
container and tank is labeled or marked clearly with:
(A) The words "Hazardous Waste";
and
(B) 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).
(v) The large quantity generator
complies with the requirements in paragraphs (a)(6) and (7) of this
section.
(d)
F006 transported over two hundred (200) miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating operations that
meet the listing description for the EPA hazardous waste number F006, and who
must transport this waste, or offer this waste for transportation, over a
distance of two hundred (200) miles or more for off-site metals recovery, may
accumulate F006 waste on site for more than ninety (90) days, but not more than
two hundred seventy (270) days without being subject to R.61-79.124, 264
through 266, 270, and the notification requirements of the SC Hazardous Waste
Management Act section
44-56-120
and section 3010 of RCRA, if the large quantity generator complies with all of
the conditions for exemption of paragraphs (c)(1) through (4) of this
section.
(e) F006 accumulation time
extension. A large quantity generator accumulating F006 in accordance with
paragraphs (c) and (d) of this section who accumulates F006 waste on site for
more than one hundred eighty (180) days (or for more than two hundred seventy
(270) days if the generator must transport this waste, or offer this waste for
transportation, over a distance of two hundred (200) miles or more), or who
accumulates more than twenty thousand (20,000) kilograms of F006 waste on site
is an operator of a storage facility and is subject to the requirements of
R.61-79.124, 264, 265, and 270 of this chapter, and the notification
requirements of the SC Hazardous Waste Management Act Section
44-56-120
and section 3010 of RCRA, unless the generator has been granted an extension to
the one hundred eighty (180)-day (or two hundred seventy (270)-day if
applicable) period or an exception to the twenty thousand (20,000) kilogram
accumulation limit. Such extensions and exceptions may be granted by the
Department if F006 waste must remain on site for longer than one hundred eighty
(180) days (or two hundred seventy (270) days if applicable) or if more than
twenty thousand (20,000) kilograms of F006 waste must remain on site due to
unforeseen, temporary, and uncontrollable circumstances. An extension of up to
thirty (30) days or an exception to the accumulation limit may be granted at
the discretion of the Department on a case-by-case basis.
(f) Consolidation of hazardous waste received
from very small quantity generators. Large quantity generators may accumulate
on site hazardous waste received from very small quantity generators under
control of the same person (as defined in R.61-79.260.10), without a storage
permit or interim status and without complying with the requirements of
R.61-79.124, 264 through 268, and 270, and the notification requirements of the
SC Hazardous Waste Management Act Section
44-56-120
and section 3010 of RCRA, provided that they comply with the following
conditions. "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 shall not be deemed to "control" such
generators.
(1) The large quantity generator
notifies the Department at least thirty (30) days prior to receiving the first
shipment from a very small quantity generator(s) using EPA Form 8700-12; and
(i) Identifies on the form the name(s) and
site address(es) for the very small quantity generator(s) as well as the name
and business telephone number for a contact person for the very small quantity
generator(s); and
(ii) Submits an
updated Site ID form (EPA Form 8700-12) within thirty (30) days after a change
in the name or site address for the very small quantity generator.
(2) The large quantity generator
maintains records of shipments for three (3) years from the date the hazardous
waste was received from the very small quantity generator. These records must
identify the name, site address, and contact information for the very small
quantity generator and include a description of the hazardous waste received,
including the quantity and the date the waste was received.
(3) The large quantity generator complies
with the independent requirements identified in section 262.10(a)(1)(iii) and
the conditions for exemption in this section for all hazardous waste received
from a very small quantity generator. For purposes of the labeling and marking
regulations in paragraph (a)(5) of this section, the large quantity generator
must label the container or unit with the date accumulation started (i.e., the
date the hazardous waste was received from the very small quantity generator).
If the large quantity generator is consolidating incoming hazardous waste from
a very small quantity generator with either its own hazardous waste or with
hazardous waste from other very small quantity generators, the large quantity
generator must label each container or unit with the earliest date any
hazardous waste in the container was accumulated on site.
(g) Rejected load. A large quantity generator
who sends a shipment of hazardous waste to a designated facility with the
understanding that the designated facility can accept and manage the waste and
later receives that shipment back as a rejected load or residue in accordance
with the manifest discrepancy provisions of R.61-79.264.72 or 265.72 may
accumulate the returned waste on site in accordance with paragraphs (a) and (b)
of this section. Upon receipt of the returned shipment, the generator must:
(1) Sign Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the
transporter returned the shipment using a new manifest.
