South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.270 - PERMIT REQUIREMENTS
Subpart C - PERMIT CONDITIONS
Section 61-79.270.C.32 - Establishing permit conditions

Universal Citation: SC Code Regs 61-79.270.C.32

Current through Register Vol. 48, No. 9, September 27, 2024

(a) In addition to conditions required in all permits (section270.30), the Department shall establish conditions, as required on a case-by-case basis, in permits under 270.50 (duration of permits), 270.33(a) (schedules of compliance), 270.31 (monitoring), 270.33(b) (alternate schedules of compliance) and 270.3 (considerations under Federal law) (revised 12/92)

(b)

(1) Each RCRA permit shall include permit conditions necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in R.61-79.264, and R.61-79.266 through 268. In satisfying this provision, the Department may incorporate applicable requirements of parts 264, and 266 through 268 of this chapter directly into the permit or establish other permit conditions that are based on these parts. (revised 12/92)

(2) Each permit issued under section3005 of RCRA shall contain terms and conditions as the Department determines necessary to protect human health and the environment. (revised 12/92)

(3) If, as the result of an assessment(s) or other information, the Department determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, R.61-79.264 or R.61-79.266 to ensure protection of human health and the environment, he or she shall include those terms and conditions in a RCRA permit for a hazardous waste combustion unit.

(c) For a State issued permit, an applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a statutory or regulatory requirement (including any interim final regulation) which takes effect prior to the issuance of the permit. Section124.14 (reopening of comment period) provides a means for reopening permit proceedings at the discretion of the Region or Department where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. For State and EPA administered programs, an applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in 270.41.

(d) New or reissued permits, and to the extent allowed under 270.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in 270.31.

(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

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