Current through Register Vol. 48, No. 9, September 27, 2024
(a) Coverage
(1) The regulations in this part cover basic
permitting requirements, such as application requirements, standard permit
conditions, and monitoring and reporting requirements. These regulations are
part of a regulatory scheme implementing RCRA in the State of South Carolina,
as set forth in different parts of the South Carolina Hazardous Waste
Management Regulations (SCHWMR), R.61-79. The following chart indicates where
the regulations implementing RCRA appear in the SCHWMR. (revised 12/92)
| Appendix A 12: Purpose and Scope of
Regulations |
|
section of RCRA
|
Coverage
|
Final regulation as appears in R.61-79
(SCHWMR)
|
|
Subtitle C
|
Overview and definitions
|
R.61-79-260
|
|
3001
|
Identification and listing of hazardous
waste
|
R.61-79-261
|
|
3002
|
Generators of hazardous waste
|
R.61-79-262
|
|
3003
|
Transporters of hazardous waste
|
R.61-79-263
|
|
3004
|
Standards for HWM facilities
|
R.61-79-264, .265, and .266
|
|
3005
|
Permit requirements for HWM facilities
|
R.61-79-270 and R.61-79-124
|
|
3010
|
Preliminary notification of HWM activity
|
section
44-56-120;
45 FR 12746 February 26, 1980
|
(2) Technical regulations. The permit program
under these regulations has separate additional regulations that contain
technical requirements. These separate regulations are used by the Department
to determine what requirements must be placed in permits if they are issued.
These separate regulations are located in R.61-79.264, R.61-79.266.
(3) Technical regulations. The RCRA permit
program has separate additional regulations that contain technical
requirements. These separate regulations are used by permit issuing authorities
to determine what requirements must be placed in permits if they are issued.
These separate regulations are located in R.61-79.264, 266, 267, and
268.
(b) Overview of the
Permit Program. Not later than 90 days after the promulgation or revision of
regulations in part 261 (identifying and listing hazardous wastes) generators
and transporters of hazardous waste, and owners or operators of hazardous waste
treatment, storage, or disposal facilities may be required to file a
notification of that activity under South Carolina section
44-56-60
and section 3010 of RCRA. Six months after the initial promulgation of the
R.61-79.261 regulations, transporting, treatment, storage, or disposal of
hazardous waste by any person who has not applied for or received a permit
under these regulations is prohibited. A permit application for a facility
consists of two parts, Part A (see section 270.13) and Part B (see section
270.14 and applicable section s in 270.15 through 270.29). For "existing HWM
facilities," the requirement to submit an application is satisfied by
submitting only Part A of the permit application until the date the Department
sets for submitting Part B of the application. (Part A consists of Forms 1 and
3 of the Consolidated Permit Application Forms.) Timely submission of both
notification under section
44-56-60
and under section 3010 and Part A qualifies owners and operators of existing
HWM facilities (who are required to have a permit under these regulations) for
interim status under SC section
44-56-60
and 3005(e) of RCRA. Facility owners and operators with interim status are
treated as having been issued a permit until the Department makes a final
determination on the permit application. Facility owners and operators with
interim status must comply with interim status standards set forth at
R.61-79.265 and .266. Facility owners and operators with interim status are not
relieved from complying with other State requirements. For existing HWM
facilities, the Department shall set a date, giving at least six months notice,
for submission of Part B of the application. There is no form for Part B of the
application; rather, Part B must be submitted in narrative form and contain the
information set forth in the applicable section s270.14 through 270.29. Owners
or operators of new HWM facilities must submit parts A and B of the permit
application at least 180 days before physical construction is expected to
commence. (revised 12/92)
(c) Scope
of the Permit Requirement.
The Department requires a permit under these regulations
for the "transportation," "treatment," "storage," or "disposal" of any
"hazardous waste" as identified or listed in 261. The terms "transportation,"
"treatment," "storage," "disposal," and "hazardous waste" are defined in 260
Subpart B and 270.2. Owners and operators of hazardous waste management units
must have permits during the active life (including the closure period) of the
unit. Owners and operators of surface impoundments, landfills, land treatment
units, and waste pile units that received wastes after July 26, 1982, or that
certified closure (according to 265.115) after January 26, 1983, must have
postclosure permits unless they demonstrate closure by removal or
decontamination as provided under 270.1(c) (5) and (6). If a postclosure permit
is required, the permit must address applicable part 264 groundwater
monitoring, unsaturated zone monitoring, corrective action, and postclosure
care requirements of this chapter. The denial of a permit for the active life
of a hazardous waste management facility or unit does not affect the
requirement to obtain a postclosure permit under this section . (11/90; 12/92;
12/93; 8/00)
(1) Specific inclusions.
Owners and operators of certain facilities require hazardous waste permits as
well as permits under other programs for certain aspects of facility operation.
Hazardous waste permits are required for:
(i)
Injection wells that dispose of hazardous waste, and associated surface
facilities that treat, store or dispose of hazardous waste. However, the owner
and operator with a state approved UIC permit will be deemed to have a
hazardous waste permit for the injection well itself if they comply with the
requirements of section 270.60(b)(b).
(ii) Treatment, storage, or disposal of
hazardous waste at facilities requiring an NPDES permit. However, the owner and
operator of a publicly owned treatment works receiving hazardous wastes will be
deemed to have a hazardous waste permit for that waste if they comply with the
requirements of 270.60(c).
(iii)
Barges or vessels that dispose of hazardous waste by ocean disposal and on
shore hazardous waste treatment or storage facilities associated with an ocean
disposal operation. However, the owner and operator will be deemed to have a
hazardous waste permit for ocean disposal from the barge or vessel itself if
they comply with the requirements of section 270.60(a)(a) (permit-by-rule for
ocean disposal barges and vessels). (revised 12/92)
(2) Specific exclusions and exemptions. The
following persons are among those who are not required to obtain a RCRA permit
under these regulations:
(i) Generators who
accumulate hazardous waste onsite in compliance with all of the conditions for
exemption provided in R.61-79.262.14, 262.15, 262.16, and 262.17.
(ii) Farmers who dispose of hazardous waste
pesticides from their own use as provided in R.61-79.262.70.
(iii) Persons who own or operate facilities
solely for the treatment, storage or disposal of hazardous waste excluded from
regulations under this Part by R.61-79.261.4 or 262.14 (very small quantity
generator exemption).
(iv) Owners
or operators of totally enclosed treatment facilities as defined in
R.61-79.260.10.
(v) Owners and
operators of elementary neutralization units or wastewater treatment units as
defined in R.61-79.260.10.
(vi)
Transporters storing manifested shipments of hazardous waste in containers
meeting the requirements of R.61-79.262.30 at a transfer facility for a period
of ten days or less.
(vii) Persons
adding absorbent material to waste in a container (as defined in
R.61-79.260.10) and persons adding waste to absorbent material in a container,
provided that these actions occur at the time waste is first placed in the
container; and R.61-79.264.17(b)(b), 264.171, and 264.172 are complied
with.
(viii) Universal waste
handlers and universal waste transporters (as defined in R.61-79.260.10)
managing the wastes listed below. These handlers are subject to regulation
under R.61-79.273.
(A) Batteries as described
in 273.2;
(B) Pesticides as
described in 273.3;
(C)
Mercury-containing equipment as described in 273.4;
(D) Lamps as described in 273.5;
and
(E) Aerosol cans as described in
273.6 of this chapter.
(ix) Any transporter who does not accept or
deliver any hazardous waste within the State. (revised 5/96)
(x) Reverse distributors accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in section 266.500. Reverse distributors are
subject to regulation under part 266, subpart P for the accumulation of
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals.
(xi) Any
transporter who moves hazardous waste only on the site of a hazardous waste
generator or a permitted hazardous waste treatment, storage or disposal
facility.
(3) Further
exclusions.
(i) A person is not required to
obtain a permit for treatment or containment activities during immediate
response to any of the following situations:
(A) A discharge of a hazardous
waste;
(B) An imminent and
substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which when
discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
public safety, property, or the environment from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in 260.10.
(ii) Any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of these Regulations
for those activities.
(iii) In the
case of emergency responses involving military munitions, the responding
military emergency response specialist's organizational unit must retain
records for three years identifying the dates of the response, the responsible
persons responding, the type and description of material addressed, and its
disposition.
(4) Permits
for less than an entire facility. The Department may issue or deny a permit for
one or more units at a facility without simultaneously issuing or denying a
permit to all of the units at the facility. The interim status of any unit for
which a permit has not been issued or denied is not affected by the issuance or
denial of a permit to any other unit at the facility.
(5) Closure by removal. (amended 11/90)
Owners/operators of surface impoundments, land treatment units, and waste piles
closing by removal or decontamination under 265 standards must obtain a
post-closure permit unless they can demonstrate to the Department that the
closure met the standards for closure by removal or decontamination in 264.228,
264.280(e) or 264.258, respectively. The demonstration may be made in the
following ways:
(i) If the owner/operator has
submitted a Part B application for a postclosure permit, the owner/operator may
request a determination, based on information contained in the application,
that 264 closure by removal standards were met. If the Department believes that
264 standards were met, it will notify the public of this proposed decision,
allow for public comment, and reach a final determination according to the
procedures in paragraph (c)(6) of this section .
(ii) If the owner/operator has not submitted
a Part B application for a post-closure permit, the owner/operator may petition
the Department for a determination that a post-closure permit is not required
because the closure met the applicable Part 264 closure standards.
(A) The petition must include data
demonstrating that closure by removal or decontamination standards were met, or
it must demonstrate that the unit closed under State requirements that met or
exceeded the applicable 264 closure-by-removal standard.
(B) The Department shall approve or deny the
petition according to the procedures outlined in paragraph (c)(6) of this
section .
(6)
Procedures for closure equivalency determination.
(i) If a facility owner/operator seeks an
equivalency demonstration under 270.1(c)(5), the Department will provide the
public, through a newspaper notice, the opportunity to submit written comments
on the information submitted by the owner/operator within 30 days from the date
of the notice. The Department will also, in response to a request or at his/her
own discretion, hold a public hearing whenever such a hearing might clarify one
or more issues concerning the equivalence of the Part 265 closure to a Part 264
closure. The Department will give public notice of the hearing at least 30 days
before it occurs. (Public notice of the hearing may be given at the same time
as notice of the opportunity for the public to submit written comments, and the
two notices may be combined.)
(ii)
The Department will determine whether the Part 265 closure met 264 closure by
removal or decontamination requirements within 90 days of its receipt. If the
Department finds that the closure did not meet the applicable Part 264
standards, will provide the owner/operator with a written statement of the
reasons why the closure failed to meet Part 264 standards. The owner/operator
may submit additional information in support of an equivalency demonstration
within 30 days after receiving such written statement. The Department will
review any additional information submitted and make a final determination
within 60 days.
(iii) If the
Department determines that the facility did not close in accordance with Part
264 closure by removal standards, the facility is subject to post-closure
requirements.
