Current through Register Vol. 48, No. 9, September 27, 2024
(a) Permit application. Any person who is
required to have a permit under these regulations (including new applicants and
permittees with expiring permits) shall complete, sign, and submit an
application to the Department as described in this section and Sections270.70
through 270.73. Persons currently authorized with interim status shall apply
for permits when required by the Department. Persons covered by "permits by
rule" under Section 270.60 need not apply. Procedures for applications,
issuance and administration of emergency permits are found exclusively in
Section270.61. Procedures for application, issuance and administration of
research, development, and demonstration permits are found exclusively in
Section270.65.
(b) Who applies?
When a facility or activity is owned by one person but is operated by another
person, it is the operator's duty to obtain a permit, except that the owner
must also sign the permit application.
(c) Completeness. The Department shall not
issue a permit before receiving a complete application for a permit except for
permits by rule, or emergency permits. An application for a permit is complete
when the Department receives an application form and any supplemental
information which are completed to the Department's satisfaction. An
application for a permit is complete notwithstanding the failure of the owner
or operator to submit the exposure information described in paragraph (j) of
this section. The Department may deny a permit for the active life of a
hazardous waste management facility or unit before receiving a complete
application for a permit.
(d)
Information requirements.
(1) All applicants
for facility permits shall provide information set forth in Section270.13 and
applicable sections in Sections270.14 through 270.29 to the Department, using
the application form provided by the Department.
(2) All applicants for transporter permits
shall provide the information as required on the Department's designated
application in accordance with the instructions supplied with such form.
Evidence of financial responsibility as required by R.61-79.263 must accompany
the application.
(e)
Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing
hazardous waste management facilities or of hazardous waste management
facilities in existence on the effective date of statutory or regulatory
amendments under the South Carolina Hazardous Waste Management Act that render
the facility subject to the requirement to have a permit must submit Part A of
their permit application no later than:
(i)
Six months after the date of publication of regulations which first require
them to comply with the standards set forth in R.61-79.265 or R.61-79.266;
or
(ii) Thirty days after the date
they first become subject to the standards set forth in R.61-79.265 or
R.61-79.266 whichever first occurs.
(2) [Reserved]
(3) The Department may by compliance order
issued under Section
44-56-140
of the South Carolina Hazardous Waste Management Act extend the date by which
the owner and operator of an existing hazardous waste management facility must
submit Part A of their permit application.
(4) At any time the owner and operator of an
existing HWM facility may be required to submit Part B of their permit
application. An owner or operator shall be allowed at least six (6) months from
the date of request to submit Part B of the application. Any owner or operator
of an existing HWM facility may voluntarily submit Part B of the application at
any time. Notwithstanding the above, any owner or operator of an existing HWM
facility must submit a Part B permit application in accordance with dates
specified in Section270.73. Any owner or operator of a land disposal facility
in existence on the effective date of statutory or regulatory amendments under
this Act that render the facility subject to the requirement to have a permit
under this regulation must submit a Part B application in accordance with the
dates specified in Section270.73.
(5) Failure to furnish a requested Part B
application on time, or to furnish in full the information required by the Part
B application, is grounds for termination of interim status under
R.61-79.124.
(f) New HWM
facilities.
(1) No person shall begin
physical construction of a new HWM facility without having submitted Part A and
Part B of the permit application and having received a finally effective
permit.
(2) An application for a
permit for a new HWM facility (including both Part A and Part B) may be filed
any time with the Department. All applications must be submitted at least 180
days before physical construction is expected to commence.
(g) Updating permit applications.
(1) If any owner or operator of a HWM
facility has filed Part A of a permit application and has not yet filed Part B,
the owner or operator shall file an amended Part A application:
(i) With the Department within 180 days after
the promulgation of revised regulations under R.61-79.261 listing or
identifying additional hazardous waste, if the facility is treating, storing,
or disposing of any of those newly listed or identified wastes.
(ii) As necessary to comply with provisions
of Section270.72 for changes during interim status. Revised Part A applications
necessary to comply with the provisions of Section270.72 shall be filed with
the Department.
(2) The
owner or operator of a facility who fails to comply with the updating
requirements of paragraph (g)(1) of this section does not receive interim
status as to the wastes not covered by duly filed Part A
applications.
(h)
Reapplications.
(1) Any HWM facility with an
effective permit shall submit a new application at least 180 days before the
expiration date of the effective permit, unless permission for a later date has
been granted by the Department. The Department shall not grant permission for
applications to be submitted later than the expiration date of the existing
permit.
(2) Any transporter with an
effective permit shall submit a new application at least 90 days before the
expiration date of the effective permit, unless permission for a later date has
been granted by the Department.
(i) Recordkeeping. Applicants shall keep
records of all data used to complete permit applications and any supplemental
information submitted under Sections270.10(d)(d), 270.13, 270.14 through 270.21
for a period of at least 3 years from the date the application is
signed.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit
application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment or a landfill
must be accompanied by information, reasonably ascertainable by the owner or
operator, on the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit. At a minimum, such
information must address:
(i) Reasonably
foreseeable potential releases from both normal operations and accidents at the
unit, including releases associated with transportation to or from the
unit;
(ii) The potential pathways
of human exposure to hazardous wastes or constituents resulting from the
releases described under paragraph (j)(1)(i) of this section;; and
(iii) The potential magnitude and nature of
the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators
of a landfill or a surface impoundment who have already submitted a Part B
application must submit the exposure information required in paragraph (j)(1)
of this section.
(k) The
Department may require a permittee or an applicant to submit information in
order to establish permit conditions under 270.32(b)(2). (amended 11/90,
12/92)
(l) If the Department
concludes, based on one or more of the factors listed in paragraph (l)(1) of
this section that compliance with the standards of 40 CFR part 63, subpart EEE
alone may not be protective of human health or the environment, the Department
shall require the additional information or assessment(s) necessary to
determine whether additional controls are necessary to ensure protection of
human health and the environment. This includes information necessary to
evaluate the potential risk to human health and/or the environment resulting
from both direct and indirect exposure pathways. The Department may also
require a permittee or applicant to provide information necessary to determine
whether such an assessment(s) should be required.
(1) The Department shall base the evaluation
of whether compliance with the standards of 40 CFR part 63, subpart EEE alone
is protective of human health or the environment on factors relevant to the
potential risk from a hazardous waste combustion unit, including, as
appropriate, any of the following factors:
(i)
Particular site-specific considerations such as proximity to receptors (such as
schools, hospitals, nursing homes, day care centers, parks, community activity
centers, or other potentially sensitive receptors), unique dispersion patterns,
etc.;
(ii) Identities and
quantities of emissions of persistent, bioaccumulative or toxic pollutants
considering enforceable controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin
products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities (confirmation of which should be
made through emissions testing);
(iv) Identities and quantities of other
off-site sources of pollutants in proximity of the facility that significantly
influence interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area;
(vi) Volume and types of
wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
(viii) Adequacy of any previously conducted
risk assessment, given any subsequent changes in conditions likely to affect
risk; and
(ix) Such other factors
as may be appropriate.
(2) [Reserved]
(m) A copy of a site specific inspection
checklist shall be prepared by the applicant. The checklist shall be approved
by the Department for use by the Department in conducting compliance
inspections and shall include all applicable requirements of 261 through 270.
An amended checklist shall be submitted to the Department for approval each
time a permit modification is requested. The amended checklist shall accompany
the permit modification request.
