South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 33, Issue 9, effective September 25, 2009.
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(Statutory Authority: 1976 Code Ann. Section 44-56-30)
Table of Contents
61-79.124. Permit Administration
61-79.260. Hazardous Waste Management System; General
61-79.261. Identification and Listing of Hazardous Waste
61-79.262. Standards Applicable to Generators of Hazardous Waste
61-79.263. Standards Applicable to Transporters of Hazardous Waste
61-79.264. Standards for Owners and Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities
61-79.265. Interim Status Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities
61-79.266. Standards for the Management of Specific Hazardous Wastes and
Specific Types of Hazardous Waste Management Facilities
61-79.268. Land Disposal Restrictions
61-79.270. Permit Requirements
61-79.273. Universal Waste Rule.
(a) This part contains procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste treatment, storage, and disposal facility permits under these regulations, other than "emergency permits" (see Section 270.61) and "permits by rule" (Section 270.60). The latter kind of permits are governed by part 270. Interim status is not a "permit" and is covered by specific provisions in part 270. The procedures of this part also apply to denial of a permit for the active life of a RCRA hazardous waste management facility or unit under Section 270.29.
(b) This regulation describes the steps which will be followed in receiving permit applications, preparing draft permits, issuing public notice, inviting public comment and holding public hearings on draft permits. Also covered is assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision (amended 11/90); edited 12/92).
124.2. Definitions.
(a) In addition to the definitions given in R.61-79.270.2 and S.C. Hazardous Waste Management Act Section 44-56-20, the definitions listed below apply to this Part. Terms not defined in this section have the meaning given by the appropriate Act.
"Administrator" means the Administrator of the U.S. Environmental Protection Agency, or an authorized representative (revised 12/92).
"Applicable standards and limitations" means all State, interstate, and Federal standards and limitations to which a "discharge," a "sludge or disposal practice" or a related activity is subject under the CWA, including "standards for sewage sludge use or disposal," "effluent limitations," water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," and pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA. (amended 11/90; 12/92)
"Application" means the forms for applying for a permit under these regulations, including any additions, revisions, or modifications to the forms. Application also includes the information required under parts 270.14 through 270.29 (contents of Part B of the RCRA application] (revised 12/92).
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
"Draft permit" means a document prepared under 124.6 indicating the Department's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit". A notice of intent to terminate a permit and a notice of intent to deny a permit as discussed in 124.5, are types of "draft permits." A denial of a request for modification, revocation, and reissuance or termination, as discussed in 124.5, is not a "draft permit." A "proposal permit" is not a "draft permit." (revised 12/92).
EPA means the U. S. Environmental Protection Agency.
"Facility or activity" means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA program and the Pollution Control Act.
404 definition removed
"Indian Tribe means" (except in the case of RCRA) any Indian Tribe having a Federally recognized governing body carrying out substantial governmental duties and powers over a defined area.
"Interstate agency" means an agency of two or more States established by or under an agreement or compact approved by the Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as determined and approved by the Department under the "appropriate Act and regulations."
"Major facility" means any RCRA "facility or activity" classified as such by the Department.
Owner or operator means owner or operator of any facility or activity subject to regulation under the RCRA program and the Pollution Control Act.
"Permit" means an authorization, license, or equivalent control document issued by South Carolina to implement the requirements of this part and 270. Permit includes RCRA "permit by rule" (270.60). Permit does not include RCRA interim status (270.70) or any permit which has not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit" (revised 12/92).
Person means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.
RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609, 42 U.S.C. 6901 et seq.).
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
Schedule of compliance means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the appropriate Act and regulations.
"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (revised 12/92).
State Safe Drinking Water Act means 44-55-10 et seq.
(b) For the purposes of part 124, the term "Department" means the Department or Regional Administrator and is used when the accompanying provision is required of EPA-administered programs and of State programs under 40 CFR 271.14 (RCRA). The term "Regional Administrator" is used when the accompanying provision applies exclusively to EPA-issued permits and is not applicable to State programs under these sections. While South Carolina is not required to implement these latter provisions, they are not precluded from doing so, notwithstanding use of the term "Regional Administrator."
(c) The term "formal hearing" means any evidentiary hearing under subpart E or any panel hearing under subpart F but does not mean a public hearing conducted under Section 124.12.
124.3. Application for a permit.
(a)(1) Any person who requires a permit under these regulations shall complete, sign, and submit to the Department an application for each permit required under R.61-79.270.1 and meet the public notice requirements under 124.10. Applications are not required for permits by rule R.61-79.270.60. (amended 6/89; edited 12/92)
(2) The Department shall not begin the processing of a permit under these regulations until the applicant has fully complied with the application requirements for that permit. See R.61-79.270.10, .11, and .13, Subpart B and applicable sections of R-61-79.264 which describe the information required in permit applications. (amended 11/90)
(b) [Reserved]
(c) The Department shall review for completeness every application for a permit under these regulations. Each application for a permit submitted by a new HWM facility should be reviewed for completeness by the Department within 30 days of its receipt. Each application for a permit submitted by an existing HWM facility (both Parts A and B of the application), should be reviewed for completeness within 60 days of receipt. Upon completing the review, the Department shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Department shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Department shall specify in the notice of deficiency a date for submitting the necessary information. After the application is completed, the Department may request additional information from an applicant but only where necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete. (amended 11/90)
(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provisions of SC 44-56-140 and RCRA section 3008.
(e) If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, it will notify the applicant and a date shall be scheduled.
(f) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in paragraph (c) of this section.
124.4. [Reserved]
124.5. Modification, revocation and reissuance, or termination of permits under these regulations.
(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in R.61-79.270.41 and 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request. The requirements of this section do not apply to transporter permits.
(b) If the Department decides the request is not justified, it will send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Department may be appealed by requesting of the Board of Health and Environmental Control an adjudicatory hearing as specified under R.61-72 Section II within 15 days of the date of the decision.
(c)(1) If the Department tentatively decides to modify or revoke and reissue a permit under R.61-79.270. Subpart D, it will prepare a draft permit under 124.6 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.
(2) In a permit modification under this section, only those conditions to be modified will be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined in R.61-79.270 Subpart D are not subject to the requirements of this section.
(d) If the Department tentatively decides to terminate a permit under 270.43 other than at the request of the permittee, it shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under 124.6.
(e) When the Department is the permitting authority, all draft permits (including notices of intent to terminate) prepared under this section shall be based on the administrative record as defined in Section 124.9.
(f) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89)
124.6. Draft permits under these regulations.
(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to deny the permit application, it shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See 124.6(e). If the Department's final decision (124.15) is that the tentative decision to deny the permit application was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section (revised 12/92).
(c) If the Department decides to prepare a draft permit, the Department shall prepare a draft permit that contains the following information:
(1) The approved permit application;
(2) All conditions under R.61-79.270.30 and 270.32;
(3) All compliance schedules under R.61-79.270.33;
(4) All monitoring requirements under R.61-79.270.31 which have not been specified in the permit applications; and
(5) Any condition established under R.61-79.270.32 necessary to achieve compliance with applicable standards for treatment, storage and/or disposal. Standards for treatment, storage, and/or disposal and other permit conditions under Section 270.30.
(d) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet (Section 124.8), shall be based on the administrative record (Section 124.9), publicly noticed (Section 124.10) and made available for public comment (Section 124.11). The Department shall give notice of opportunity for a public hearing (Section 124.12), issue a final decision (Section 124.15), and respond to comments (Section 124.17). An appeal may be taken under Section 124.19. Draft permits prepared by the Department shall be accompanied by a fact sheet if required under Section 124.8. (revised 12/92).
124.7. [Reserved]
124.8. Fact sheet.
(a) The Department shall prepare a fact sheet for every draft permit for a HWM facility or activity. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.
(b) The fact sheet shall include, when applicable:
(1) A brief description of the type of facility or activity which is the subject of the draft permit;
(2) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, or disposed of.
(3) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions.
(4) Provisions and appropriate supporting references to the administrative record required by 124.9;
(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
(6) A description of the procedures for reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the comment period under 124.10 and the address where comments will be received;
(ii) Procedures for requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the public may participate in the final decision.
(7) Name and telephone number of a person to contact for additional information.
124.9. Administrative record for draft permits under these regulations.
(a) The provisions of a draft permit prepared by the Department under 124.6 shall be based on the administrative record defined in this section.
(b) For preparing a draft permit under Section 124.6 above the record shall consist of:
(1) The application, if required, and any supporting data furnished by the applicant;
(2) The draft permit or notice of intent to deny the application or to terminate the permit;
(3) The fact sheet (Section 124.8);
(4) All documents cited in the fact sheet; and
(5) Other documents contained in the supporting file for the draft permit.
(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the fact sheet.
124.10. Public notice of permit actions and public comment period.
(a) Scope. Public notice of permit actions and public comment periods covered in this section apply only to treatment, storage, and disposal facilities under these regulations. (amended 6/89)
(1) The Department will give public notice when the following actions are to be taken:
(i) A draft permit has been prepared under 124.6; or
(ii) A hearing has been scheduled under 124.12;
(iii) A permit application has been tentatively denied under 124.6(b) (revised 12/92);
(iv) An appeal has been granted under Section R.61-72.
(2) No public notice will be given when a request for a permit modification, revocation and reissuance, or termination is denied under Section 124.5(b). Written notice of that denial will be given to the requestor and the permittee.
(3) Public notice may describe more than one permit or permit action.
(4) The applicant will give public notice in accordance with 124.10(c)(5) when an application for a permit is submitted to the Department. The applicant will give public notice of submittal of an application for a permit modification in accordance with R.61-79.270.42 (amended 6/89).
(b) Timing.
(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 45 days for public comment (revised 12/92).
(2) Public notice of a public hearing will be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
(c) Methods. Public notice of activities described in paragraphs (a)(1) and (a)(4) of this section shall be given by the following methods: (amended 6/89)
(1) By mailing a copy of a notices of draft permits or hearings to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits); (amended 6/89)
(i) The applicant and those identified in (5); (amended 6/89)
(ii) Any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity;
(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States(Indian Tribes). (amended 11/90; revised 12/92)
(iv) Persons on a mailing list developed by:
(A) Including those who request in writing to be on the list;
(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and
(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, and in such publications as Regional and State funded newsletters, environmental bulletins, State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.).
(v)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and
(B) To each State agency having any authority under State law with respect to the construction or operation of such facility.
(2) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations within the area affected by the facility or activity;
(3) In a manner constituting legal notice to the public under state law; and
(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(5) Public notice of activities described in paragraph (a)(4) shall be given by the applicant by the following methods: (amended 6/89)
(i) notice to contiguous landowners, as determined by the tax rolls;
(ii) notice to the county in which the facility site is located and all other political subdivisions within twenty miles of the site;
(iii) notice to local daily and weekly newspapers within the area affected by the facility or activity, and the major newspaper in Columbia; and
(iv) notice to the local Chamber of Commerce;
(v) a copy of the permit application to the public library in the county where the site is located.
(d) Contents.
(1) All public notices. All public notices issued under this part shall contain the following minimum information:
(i) Name and address of the office processing the permit action for which notice is being given;
(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, fact sheet, and the application; the location of the administrative record required by 124.9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record (revised 12/92); and
(v) A brief description of the comment procedures required by Section 124.11, and Section 124.12 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.
(vi) Any additional information considered necessary or proper.
(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under Section 124.12 will contain the following information:
(i) Reference to the date of previous public notices relating to the permit;
(ii) Date, time, and place of the hearing;
(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
124.11. Public comments and requests for public hearings.
During the public comment period provided under 124.10, any interested person may submit written comments on the draft permit or the permit application and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in 124.17.
124.12. Public hearings.
(a)(1) The Department shall hold a public hearing whenever the Department finds, on the basis of requests, a significant degree of public interest in a draft permit(s) under these regulations (edited 12/92);
(2) The Department may also hold a public hearing at the Department's discretion, whenever for instance, such a hearing might clarify one or more issues involved in the permit decision;
(3)(i) The Department shall hold a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under 124.10(b)(1);
(ii) Whenever possible, the Department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility;
(4) Public notice of the hearing will be given as specified in Section 124.10 above.
(b) Whenever a public hearing will be held and the Department is the permitting authority, the Department shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.
(c) Any person may submit oral or written statements and data concerning the application and the draft permit during a hearing. Reasonable limits may be set upon the time allowed for oral statements and the submission of statements in writing may be required. The public comment period under Section 124.10 above shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.
(e) Public notice of any of the above actions shall be issued under 124.10. (amended 11/90)
124.13. Obligation to raise issues and provide information during the public comment period.
All persons, including applicants, who believe the issuance of a permit under these regulations or any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must notify the Department in writing. This notification must contain all reasonably ascertainable issues, and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public hearing) under 124.10., and factual grounds supporting their position, including any supporting materials which are not already part of the administrative record for the permit. This written notification must be submitted to the Department by the close of the public comment period provided under 124.10 (edited 12/92).
124.14. Reopening of the public comment period.
(a) If any data, information, or arguments submitted during the public comment period, including information or arguments required under 124.13, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:
(1) Prepare a new draft permit, appropriately modified, under Section 124.6 above;
(2) Prepare a revised fact sheet under Section 124.8 above and reopen the comment period under this section; or
(3) Reopen or extend the comment period under Section 124.10 above to give interested persons an opportunity to comment on the information or arguments submitted.
(4) A comment period of longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under 124.10 to the extent they appear necessary.
(b) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under Section 124.10 above shall define the scope of the reopening.
(c) Public notice of any of the above actions shall be issued under Section 124.10 above.
124.15. Issuance and effective date of permit.
(a) After the close of the public comment period under 124.10 on a draft permit, the Department shall issue a final permit decision. The Department shall notify in writing the applicant and each person who has submitted written comments or requested notification of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit or for contesting a decision to terminate a permit. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit (edited 12/92).
(b) Permit denials will be public noticed by the Department in accordance with Section 124.10(c)(1) and (2).
(c) A final permit decision shall become effective 30 days after the service of notification of the decision under paragraph (a) of this section, unless:
(1) A later effective date is specified in the decision; or
(2) A request for an adjudicatory hearing, as specified under R.61-72 Section II, is served on the Board within fifteen (15) days after notification of the final permit decision by the Department; or
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.
124.16. [Reserved]
124.17. Response to comments.
(a) At the time that any final permit decision under these regulations is issued under Section 124.15, the Department shall issue a response to comments. States are only required to issue a response to comments when a final permit is issued. This response shall (edited 12/92):
(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all significant comments on the draft permit or the permit application raised during the public comment period, or during any hearing.
(b) Any documents cited in the response to comments shall be included in administrative record for the final permit decision as defined in Section 124.18 below. If new points are raised or new material supplied during the public comment period, the Department may document its responses to those matters by adding new materials to the administrative record.
(c) The response to comments shall be available to the public.
124.18. Administrative record for final permit under these regulations.
(a) The Department will base final permit decisions under Section 124.15 above on the administrative record defined in this section.
(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:
(1) All comments received during the public comment period provided under Section 124.10 above (including any extension or reopening under (Section 124.14);
(2) The tape or transcript of any hearing(s) held under Section 124.12;
(3) Any written materials submitted at such a hearing;
(4) The responses to comments required by Section 124.17 above and any new material placed in the record under that section;
(5) Other documents contained in the supporting file for the permit; and
(6) The final permit.
(c) The additional documents required under paragraph (b) of this section should be added to the record as soon as possible after their receipt or publication by the Department. The record shall be complete on the date the final permit is issued.
(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of Section 124.9 above.
(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of Section 124.17 ("Response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.
124.19. Appeal of Permit [See also R.61-72, Section II; clarification 12/92].
(a) Department decision involving the issuance, denial, renewal, modification, suspension, or revocation of a permit, license, certificate or certification may be appealed by an affected person with standing pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, Chapter 23; and Title 40, Chapter 61.
(b) Any person to whom an order is issued may appeal it pursuant to applicable law, including S.C. Code Title 44, Chapter 1; Title 1, chapter 23; and Title 40, Chapter 61.
124.20, 124.21. [Reserved]
SUBPART B--Specific Procedures Applicable to RCRA Permits
124.31 Pre-application public meeting and notice.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under 270.42. The requirements of this section do not apply to permit modifications under 270.42 or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (b) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with 270.14(b).
(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in all of the following forms:
(i) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (d)(2) of this section, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
(ii) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
(iii) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (d)(2) of this section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.
(iv) A notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government, in accordance with Sec. 124.10(c)(1)(v).
(2) The notices required under paragraph (d)(1) of this section must include:
(i) The date, time, and location of the meeting;
(ii) A brief description of the purpose of the meeting;
(iii) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
(v) The name, address, and telephone number of a contact person for the applicant.
124.32 Public notice requirements at the application stage.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units under 270.51. The requirements of this section do not apply to permit modifications under 270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Department shall provide public notice as set forth in Sec. 124.10(c)(1)(iv), and notice to appropriate units of State and local government as set forth in Sec. 124.10(c)(1)(v), that a part B permit application has been submitted to the Department and is available for review.
(2) The notice shall be published within a reasonable period of time after the application is received by the Department. The notice must include:
(i) The name and telephone number of the applicant's contact person;
(ii) The name and telephone number of the Department contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
(iii) An address to which people can write in order to be put on the facility mailing list;
(iv) The location where copies of the permit application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
(vi) The date that the application was submitted.
(c) Concurrent with the notice required under Sec. 124.32(b) of this subpart, the Department must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department's office.
124.33 Information repository.
(a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units over which Department has permit issuance authority.
(b) The Department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Department shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Department determines, at any time after submittal of a permit application, that there is a need for a repository, then the Department shall notify the facility that it must establish and maintain an information repository. (See 270.30(m) for similar provisions relating to the information repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Department to fulfill the purposes for which the repository is established. The Department shall have the discretion to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen by the facility. If the Department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Department shall specify a more appropriate site.
(e) The Department shall specify requirements for informing the public about the information repository. At a minimum, the Department shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Department. The Department may close the repository at his or her discretion, based on the factors in paragraph (b) of this section.
(a) This part provides definitions of terms, general standards, and overview information applicable to R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.
(b) In this part:
(1) Section 260.2 sets forth the rules that the Department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to the Department under R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.
(2) Section 260.3 establishes rules of grammatical construction for R.61-79.260 through R.61-79.266 under these regulations and R.61-79.268 of this chapter.
(3) Section 260.10 defines terms which are used in R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter.
(4) Section 260.20 establishes procedures for petitioning the Department to amend, modify, or revoke any provision of R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter, and establishes procedures governing the Department's action on such petitions.
(5) Section 260.21 establishes procedures for petitioning the Department to approve testing methods as equivalent to those prescribed in R.61-79.261, R.61-79.264 or R.61-79.265 of this chapter.
(6) Section 260.22 establishes procedures for petitioning the Department to amend Subpart D of R.61-79.261 to exclude a waste from a particular facility.
260.2. Availability of information; confidentiality of information.
(a) Any information provided to the Department under R.61-79.260 through R.61-79.266 and R.61-79.268 of this chapter will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, Section 30-4-10 et.seq. of the S.C. Code of Law of 1976 as amended, or 5 U.S.C. section 552, section 3007(b) of RCRA or EPA regulations implementing the Freedom of Information Act, or section 3007(b), 40 CFR part 2 of RCRA as applicable. (revised 12/92).
(b) Any person who submits information to the Department in accordance with R.61-79.260 through R.61-79.266 and R.61-79.268 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 30-4-10 et seq. and 40 CFR 2.203(b). Information covered by such a claim will be disclosed by the Department only to the extent, and by means of the provisions contained in the Freedom of Information Acts SC 30-4-10 et seq., and by means of the procedures, set forth in 40 CFR Chapter 1, part 2, subpart B, except that information required by 262.53(a) and 262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the Department of State and the appropriate authorities in the transit and receiving or importing country regardless of any claims of confidentiality. However, if no such claim accompanies the information when it is received by the Department, it may be made available to the public without further notice to the person submitting it (revised 12/92; 12/93).
260.3. Use of number and gender.
As used in R.61-79.260 through R.61-79.266 and R.61-79.268:
(a) Words in the masculine gender also include the feminine and neuter genders; and
(b) Words in the singular include the plural; and
(c) Words in the plural include the singular.
SUBPART B-Definitions
260.10. Definitions.
When used in parts 260 through 273, the following terms have the meanings given below:
"Aboveground tank" means a device meeting the definition of "tank" below and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
"Act" means the S.C. Hazardous Waste Management Act, Section 44-56-10 et seq. of the Code of Laws of 1976 as amended or the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.
"Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure. "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the effective date of part 261 of this chapter and which is not a closed portion (see also "closed portion" and "inactive portion").
Administrator means the Administrator of the Environmental Protection Agency, or his designee.
"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal offsite.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
"Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
"Batch tolling" [Removed]
"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed. (added 5/96)
"Board" means the South Carolina Board of Health and Environmental Control.
"Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
(ii) The unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
(2) The unit is one which the Department has determined, on case-by-case basis, to be a boiler, after considering the standards in Section 260.32.
"Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
"Cathode Ray Tube" or "CRT" means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"Certified Laboratory" means a laboratory that has been approved by the Department to perform specific analyses referenced in R.61-79.260 through R.61-79.270. Laboratory certification is necessary for parameters of interest under SW-846 and other methods approved by EPA.
"Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also "active portion" and "inactive portion".)
"Commissioner" means the commissioner of the Department or his authorized agent.
"Component" means either the tank or ancillary equipment of a tank system.
"Conditionally exempt small quantity generators" generate less than 100 kg hazardous waste in a month.
"Confined Aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of R.61-79.264 or R.61-79.265.
"Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
"Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
"CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.
"CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.
"CRT processing" means conducting all of the following activities:
(1) Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and
(3) Sorting or otherwise managing glass removed from CRT monitors
"Department" means the Department of Health and Environmental Control, including personnel thereof authorized by the Board to act on behalf of the Department or Board.
"Designated facility" means:
(1) A hazardous waste treatment, storage, or disposal facility which:
(i) has received a permit (or interim status) in accordance with the requirements of parts 270 and 124 of these regulations, or
(ii) has received a permit (or interim status) from a state authorized in accordance with part 271 of this chapter; or
(iii) is regulated under 261.6(c)(2) or subpart F of part 266 and
(iv) that has been designated on the manifest by the generator pursuant to 262.20.
(2) Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 264.72(f) or 265.72(f) of this chapter.
(3) If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving state to accept such waste. (12/92; 12/93; 12/94; 6/95).
"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in paragraphs (a) and (c) of 273.13 and 273.33 of this chapter. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste. (added 5/96)
"Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.
"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
"Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
"Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run on to an associated collection system at wood preserving plants."
"Elementary neutralization unit" means a device which:
(1) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in R.61-79.261.22 of this chapter, or they are listed in subpart D of R.61-79.261 of the chapter only for this reason; and
(2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in R.61-79.260.10. (amended 11/90)
"EPA" means the U. S. Environmental Protection Agency.
"EPA hazardous waste number" means the number assigned by EPA to each hazardous waste listed in 40 CFR Part 261, Subpart D, and to each characteristic identified in R.61-79.261 Subpart C.
"EPA identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility.
"Equivalent method" means any testing or analytical method approved by the Department under 260.20 and 260.21.
"Existing hazardous waste management (HWM) facility" or "Existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction (revised 12/92); and either
(2)(i) A continuous onsite, physical construction program has begun; or
(ii) The owner or operator has entered into contractual obligations--which cannot be canceled or modified without substantial loss--for physical construction of the facility to be completed within a reasonable time.
"Existing portion" means that land surface area of an existing waste management unit, included in the original part A permit application, on which wastes have been placed prior to the issuance of a permit (revised 12/92).
"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations-which cannot be canceled or modified without substantial loss-for physical construction of the site or installation of the tank system to be completed within a reasonable time.
"Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include inplace rendersafe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, rendersafe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
"Facility" means: (1) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them) (12/92). (2) For the purpose of implementing corrective action under 264.101, all contiguous property under the control of the owner or operator seeking a permit under subtitle C of RCRA. This definition also applies to facilities implementing corrective action under RCRA Section 3008(h). (12/93) (3) Notwithstanding paragraph (2) of this definition, a remediation waste management site is not a facility that is subject to 264.101, but is subject to corrective action requirements if the site is located within such a facility.
"Federal Agency" means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.
"Federal State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal State or local hazardous waste control statutes, regulations, or ordinances.
"Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under Parts 264 and 265 of this Chapter are no longer conducted at the facility unless subject to the provisions in R.61-79.262 Section 262.34.
"Food-Chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.
"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in R.61-79.261, or whose act first causes a hazardous waste to become subject to regulation.
"Ground water" means water below the land surface in a zone of saturation.
"Hazardous Waste" means a hazardous waste as defined in R.61-79.261.3.
"Hazardous Waste constituent" means a constituent that caused the Department to list the hazardous waste in R.61-79.261 Subpart D, or a constituent listed in Table I of R.61-79.261.24.
"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
"Inactive portion" means that portion of a facility which is not operated after November 19, 1980 (revised 12/93). (See also "active portion" and "closed portion".)
"Incinerator" means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc incinerator.
"Incompatible waste" means hazardous waste which is unsuitable for:
(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or
(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases. (See parts 264 and 265, Appendix V, of this chapter for examples.)
"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
(1) Cement kilns
(2) Lime kilns
(3) Aggregate kilns
(4) Phosphate kilns
(5) Coke ovens
(6) Blast furnaces
(7) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process oxidation reactors
(9) Methane reforming furnaces
(10) Pulping liquor recovery furnaces
(11) Combustion devices used in the recovery of sulfur values from spent sulfuric acid
(12) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
(13) Such other devices as the Department may, after notice and comment, add to this list on the basis of one or more of the following factors:
(i) The design and use of the device primarily to accomplish recovery of material products;
(ii) The use of the device to burn or reduce raw materials to make a material product;
(iii) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(iv) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(v) The use of the device in common industrial practice to produce a material product; and
(vi) Other factors, as appropriate.
"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace (revised 12/92).
"In-ground tank" means a device meeting the definition of "tank" below whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
"In operation" refers to a facility which is treating, storing, or disposing of hazardous waste.
"Injection well" means a well into which fluids are injected. (see also "underground injection".)
"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
"Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
"Laboratory" means any facility, including its agents or employees, that performs analyses related to environmental quality evaluations required by the Department or which will be officially submitted to the Department. The laboratory shall have equipment and instrumentation to enable the laboratory to conduct analyses for the tests for which application is made and for which the laboratory has been certified or approved by the Department to perform.
"Lamp," also referred to as "universal waste lamp," is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit (amended 11/90; 12/92).
"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
"Leachate" means any liquid including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
"Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
"Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.
"Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.
"Manifest" means the shipping document EPA Form 8700-22 (and if necessary, EPA Form 8700-22A), originated and signed by the generator or offeror in accordance with the instructions in the Appendix to 262 and the applicable requirements of 262 through 265. (12/92; 12/93).
"Manifest tracking number" means the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source.
"Mercury-containing equipment" means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function
"Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
"Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR part 146, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 270.65 or staging pile. (11/90; 12/92; 12/93).
"Monitoring well" means a well used to obtain water samples for water quality analysis or to measure groundwater levels.
"Movement" means that hazardous waste transported to a facility in an individual vehicle.
"New hazardous waste management facility" or "new facility" means a facility which began operation, or for which construction commenced after October 21, 1976. (See Also "Existing hazardous waste management facility".)
"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986; except, however, for purposes of R.61-79.264.193(g)(2) and R.61-79.265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986. (See also "existing tank system.")
"NPDES" means National Pollutant Discharge Elimination System.
"On-ground tank" means a device meeting the definition of "tank" below and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
"Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered onsite property.
"Open burning" means the combustion of any material without the following characteristics:
(1) Control of combustion air to maintain adequate temperature for efficient combustion,
(2) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (3) Control of emission of the gaseous combustion products. (See also "incineration" and "thermal treatment".)
"Operator" means the person responsible for the overall operation of a facility.
"Owner" means the person who owns a facility or part of a facility.
"Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of R.61-79.264 and R.61-79.265 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate. (amended 11/90)
"Performance Track and/or South Carolina Environmental Excellence Program member facility" means a facility that has been accepted by EPA/and/or the Department for membership in the National Environmental Performance Track Program and/or the South Carolina Environmental Excellence Program and is still a member of the Program. The National Environmental Performance Track and/or the South Carolina Environmental Excellence Program is a voluntary, facility based, program for top environmental performers. Facility members must demonstrate a good record of compliance, past success in achieving environmental goals, and commit to future specific quantified environmental goals, environmental management systems, local community outreach, and annual reporting of measurable results.
"Person" means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body (revised 12/92).
"Personnel" or "facility personnel" means all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in non-compliance with the requirements of R.61-79.264 or R.61-79.265.
"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that: (added 5/96)
(1) Is a new animal drug under FFDCA section 201(w), or
(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or
(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.
"Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
"Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace (revised 12/92).
"Point source" means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. "Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality". This includes sewers pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality" (as defined by section 502(4) of the CWA). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"Quarter" means a three (3) month period ending on the last day of March, June, September, and December.
"Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or his designee.
"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments), and debris that are managed for implementing cleanup. (12/93, 8/00)
"Remediation waste management site" means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under 40 CFR 264.101, but is subject to corrective action requirements if the site is located in such a facility.
"Replacement unit" means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action.
"Reporting Year" means the twelve month time period starting on January 1 of each year and ending on the last day of December.
"Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.
"Run-off" means any rainwater, leachate, or other liquid that drained over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
"Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.
"Sludge" means any solid semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
"Small quantity generator means a generator who generates less than 1000 kg of hazardous waste in a calendar month. (amended 11/90)
"Solid Waste" means a solid waste as defined in R.60-79.261 Subpart A Section 261.2.
"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. Sorb means to either adsorb or absorb, or both.
South Carolina Underground Injection Control R.61-87
South Carolina Water Classification and Standards, R.61-68
South Carolina Water Pollution Control Act 48-1-10 et seq.
South Carolina Water Pollution Control Permits R.61-9
"Spill" [Deleted November 23, 1990]
"Staging pile" means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the Department according to the requirements of 264.554.
"State" means the State of South Carolina.
State Primary Drinking Water R.61-58
State Safe Drinking Water Act 44-55-10 et seq.
"Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
"Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
"Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
"Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
"Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.
"TEQ" means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
"Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also "incinerator" and "open burning".)
"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of R.61-79. 273.13(c)(2) or R.61-79.273.33(c)(2). (added 5/96)
"These Regulations" refers to all regulations contained under R.61-79 of the State Regulations which have been promulgated by the Board as authorized under Section 44-56-30 of the 1976 Code of Laws, as amended.
"Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during the treatment. An example is a pipe in which waste acid is neutralized.
"Transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
"Transportation" means the movement of hazardous wastes by air to the rail, highway or water.
"Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water.
"Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad, freight car, etc.) is a separate transport vehicle. "Vessel" includes every description of water craft.
"Treatability study" means a study in which a hazardous waste is subjected to a treatment process to determine (1) whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the 261.4(e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of hazardous waste.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"Treatment Zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.
"Underground injection" means the subsurface emplacement of fluids as defined in R.61-87.
"Underground tank" means a device meeting the definition of "tank" in section 260.10 whose entire surface area is totally below the surface of and covered by the ground.
"Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
"Universal Waste" means any of the following hazardous wastes that are managed under the universal waste requirements of 273: (5/96)
(1) Batteries as described in 273.2;
(2) Pesticides as described in 273.3;
(3) Mercury-containing equipment as described in 273.4; and
(4) Lamps as described in 273.5 of this chapter.
"Universal Waste Handler": (added 5/96)
(1) Means:
(i) A generator (as defined in this section) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(2) Does not mean:
(i) A person who treats (except under the provisions of R.61-79.273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles universal waste; or
(ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
"Universal Waste Transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water. (added 5/96)
"Unsaturated Zone (Zone of Aeration)" means the zone between the land surface and the water table.
"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities. (amended 6/89)
"Vessel" includes every description of watercraft used or capable of being used as a means of transportation on the water.
"Waste oil" [Deleted 11/90]
"Wastewater treatment unit" means a device which:
(1) is part of a wastewater treatment facility which is subject to regulation under The Pollution Control Act Sections 48-1-10 et seq. of the Code of Laws of 1976 as amended, and either Section 402 or 307(b) of the Clean Water Act; and
(2) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in R.61-79.261.3 or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined by Section 261.3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section 261.3 of these Regulations; and
(3) Meets the definition of tank or tank system in Section 260.10. (amended 11/90)
"Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
"Well" means any excavation which is cored, bored, drilled, jetted, dug or otherwise constructed the depth of which is greater than its largest surface dimension.
"Well injection": (See "underground injection".)
"Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
"Zone of incorporation" [Removed]
260.11. References.
(a) When used in R.61-79.260 through R.61-270, the following publications are incorporated by reference. These references will be applied to necessary testing to be performed by a certified laboratory.
(1) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(2) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(3) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(4) "ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter(High Precision Method)," ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(5) "ASTM Standard Practices for General Techniques of Ultraviolet Visible Quantitative Analysis," ASTM Standard E 169-87, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(6) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(7) "ASTM Standard Practice for Packed Column Gas Chromatography," ASTM Standard E 260-85, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(8) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM Standard D 2267-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(9) "APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA450/281005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
(10) "Flammable and Combustible Liquids Code" (1977 or 1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210.
(11) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I, (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995) and III] (dated December 1996) and IIIA (dated April 1998)]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (document number 955-001-0000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800. Update IIIA is available through EPA's Methods Information Communication Exchange (MICE) Service. MICE can be contacted by phone at (703) 821-4690. Update IIIA can also be obtained by contacting the U.S. Environmental Protection Agency, Office of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave. NW, Washington, DC, 20460. Copies of the Third Edition and all of its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. (11/99; 8/00)
(12) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC. (revised 12/94)
(13) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analysis of Metals," ASTM Standard E926-88, Test Method C--Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(14) "API Publication 2517, Third Edition," February 1989, "Evaporative Loss from External Floating-Roof Tanks," available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.
(15) "ASTM Standard Test Method for Vapor Pressure--Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope," ASTM Standard D 2879-92, available from American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103.
(16) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry. Available at NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal. Springfield, Virginia 22161.
(b) The references listed in paragraph (a) of this section are also available for inspection at the Office of the Federal Register, 800 North Capitol Street NW, Suite 700, Washington DC. These incorporations by reference were approved by the Director of the Federal Register. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register (revised 12/93).
SUBPART C-Rulemaking Petitions
260.20. General.
(a) Any person may petition the Department to modify or revoke any provision in parts 260 through 266, 268 and 273. This section sets forth general requirements which apply to all such petitions. Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to part 261, 264 or 265. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from 261.3 or the lists of hazardous wastes in subpart D of part 261. Section 260.23 sets forth additional requirements for petitions to amend 40 CFR 273 to include additional hazardous wastes or categories of hazardous waste as universal waste. (revised 11/90; 12/92; 5/96).
(b) Each petition must be submitted to the Department by certified mail and must include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and
(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.
(c) The Department will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the State Register for written public comment.
(d) Upon the written request of any interested person, the Department may, at its discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the persons views. The Department may in any case decide on its own motion to hold an informal public hearing.
(e) After evaluating all public comments the Department will make a final decision by publishing in the State Register a regulatory amendment or a denial of the petition.
260.21. Petitions for equivalent testing or analytical methods.
(a) Any person seeking to add a testing or analytical method to part 261, 264, 265 or 266 may petition for a regulatory amendment under this section and 260.20. To be successful, the person must demonstrate to the satisfaction of the Department and the Regional Administrator of EPA that the proposed method is equal to or superior to the corresponding method prescribed in 261, 264 and 265, in terms of its sensitivity, accuracy, and precision (i.e., reproducibility) (12/92).
(b) Each petition must include, in addition to the information required by section 260.20(b):
(1) A full description of the proposed method, including all procedural steps and equipment used in the method;
(2) A description of the types of wastes or waste matrices for which the proposed method may be used;
(3) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in R.61-79.261, R.61-79.264, or R.61-79.265 of this chapter;
(4) An assessment of any factors which may interfere with, or limit the use of, the proposed method; and
(5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method.
(c) After receiving a petition for an equivalent method, the Department and the Regional Administrator may request any additional information on the proposed method which he may reasonably require to evaluate the method.
(d) If the USEPA amend the regulations to permit use of a new testing method, the method will be incorporated in "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods," SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC 20460. As the Federal Regulations incorporate new testing methods, these will be incorporated by reference.
260.22. Petitions to amend part 261 to exclude a waste produced at a particular facility.
(a) Any person seeking to exclude a waste at a particular generating facility from the lists in 261 subpart D may petition for a regulatory amendment under this section and section 260.20 to be successful:
(1) The petitioner must demonstrate to the satisfaction of the Department and to the Regional Administrator of EPA that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or an acutely hazardous waste; and
(2) Based on a complete application, the Department and the Regional Administrator must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of subpart C of 261.
(b) The procedures in this Section and 260.20 may also be used to petition the Department and the Regional Administrator for a regulatory amendment to exclude from 261.3(a)(2)(ii) or (c), a waste which is described in these Sections and is either a waste listed in subpart D, or is derived from a waste listed in subpart D. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by paragraph (a) of this section. Where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, his demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste which is so excluded may still be a hazardous waste by operation of subpart C of part 261. (11/90; 12/92)
(c) If the waste is listed with codes "I," "C," "R," or "E" in 261 subpart D (moved 11/90),
(1) the petitioner must show that the waste does not exhibit the relevant characteristic for which the waste was listed as defined in 261.21, 261.22, 261.23, or 261.24 using any applicable methods prescribed therein. The petitioner also must show that the waste does not exhibit any of the other characteristics defined in 261.21, 261.22, 261.23, or 261.24 using any applicable methods prescribed therein;
(2) Based on a complete application, the Department and the Regional Administrator must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of subpart C of 261.
(d) If the waste is listed with code "T" in 261 subpart D, (11/90)
(1) The petitioner must demonstrate that the waste:
(i) Does not contain the constituent or constituents (as defined in appendix VII of 261) that caused the Department to list the waste, using the appropriate test methods prescribed in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 261.11; or
(ii) Although containing one or more of the hazardous constituents (as defined in appendix VII of 261) that caused the Department and the EPA to list the waste, does not meet the criterion of 261.11 (a)(3) when considering the factors used by the Department and the EPA in 261.11(a)(3)(i) through (xi) under which the waste was listed as hazardous; and
(2) Based on a complete application, the Department and the Regional Administrator must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and, (11/90; 12/92)
(3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in Sections 261.21, 261.22, 261.23, and 261.24 using any applicable methods prescribed therein;
(4) A waste which is so excluded, however, still may be hazardous waste by operation of Subpart C of R.61-79.261.
(e) If the waste is listed with the code "H" in subpart D (12/92; 12/93):
(1) Does not meet the criterion of R.61-79.261.11 (a)(2);
(2) Based on a complete application, the Department and the Regional Administrator must determine, where it has a reasonable basis to believe that additional factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and
(3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in R.61-79.261.21, 261.22, 261.23, and 261.24 using any applicable methods prescribed therein; and
(4) A waste which is so excluded, however, still may be hazardous waste by operation of Subpart C of R.61-79.261.
(f) A waste which is excluded under paragraphs (a), (c), (d), and (e) still may be a hazardous waste by operation of R.61-79.261 Subpart C.
(g) [Reserved]
(h) Demonstration samples must consist of enough representative samples, but in no case less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste.
(i) Each petition must include, in addition to the information required by Section 260.20(b):
(1) The name and address of the laboratory facility performing the sampling or tests of the waste;
(2) The names and qualifications of the persons sampling and testing the waste;
(3) The dates of sampling and testing;
(4) The location of the generating facility;
(5) A description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether such processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration.
(6) A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration;
(7) Pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, where the demonstration is based on factors in R.61-79.261.11(a)(3);
(8) A description of the methodologies and equipment used to obtain the representative samples;
(9) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization and preservation of the samples;
(10) A description of the tests performed (including results);
(11) The names and model numbers of the instruments used in performing the tests; and
(12) The following statement signed by the generator of the waste or his authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
(j) After receiving a petition for an exclusion, the Department and the Regional Administrator may request any additional information which it may reasonably require to evaluate the petition.
(k) An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility.
(l) The Department and the Regional Administrator may exclude only part of the waste for which the demonstration is submitted where he has reason to believe that variability of the waste justifies a partial exclusion.
(m) [Removed 12/92]
Editorial Note: For information on the availability of a guidance manual for petitions to delist hazardous wastes, see 50 FR 21607, May 28, 1985.
260.23. Petitions to amend 40 CFR part 273 to include additional hazardous wastes.
(a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of 40 CFR 273 may petition for a regulatory amendment under this section, 40 CFR 260.20, and subpart G of 40 CFR part 273.
(b) To be successful, the petitioner must demonstrate to the satisfaction of the Administrator that regulation under the universal waste regulations of 40 CFR part 273: Is appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition must include the information required by 40 CFR 260.20(b). The petition should also address as many of the factors listed in 40 CFR 273.81 as are appropriate for the waste or category of waste addressed in the petition.
(c) The Administrator will grant or deny a petition using the factors listed in 40 CFR 273.81. The decision will be based on the weight of evidence showing that regulation under 40 CFR part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.
(d) The Administrator may request additional information needed to evaluate the merits of the petition.
260.24 through 260.29. [Reserved]
260.30. Variances from classification as a solid waste.
In accordance with the standards and criteria in Section 260.31 and the procedures in Section 260.33 the Department may determine on a case by case basis that the following recycled materials are not solid wastes:
(a) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in R.61-79.261.1(c)(8);
(b) Materials that are reclaimed and then reused within the original production process in which they were generated; and (revised 5/96)
(c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.
260.31. Standards and criteria for variances from classification as a solid waste.
(a) The Department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The Department's decision will be based on the following criteria: (revised 5/96)
(1) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling);
(2) The reason that the applicant has accumulated the material for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year;
(3) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled;
(4) The extent to which the material is handled to minimize loss; and
(5) Other relevant factors.
(b) The Department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria: (revised 5/96)
(1) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials;
(2) The extent to which the material is handled before reclamation to minimize loss;
(3) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;
(4) The location of the reclamation operation in relation to the production process;
(5) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;
(6) Whether the person who generates the material also reclaims it; and
(7) Other relevant factors.
(c) The Department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors:
(1) The degree of processing the material has undergone and the degree of further processing that is required;
(2) The value of the material after it has been reclaimed;
(3) The degree to which the reclaimed material is like an analogous raw material;
(4) The extent to which an end market for the reclaimed material is guaranteed;
(5) The extent to which the reclaimed material is handled to minimize loss;
(6) Other relevant factors.
260.32. Variance to be classified as a boiler.
In accordance with the standards and criteria in Section 260.10 (definition of "boiler"), and the procedures in Section 260.33, the Department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in Section 260.10, after considering the following criteria:
(a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
(b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(d) The extent to which exported energy is utilized; and
(e) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids, or heated gases; and
(f) Other factors, as appropriate.
260.33. Procedures for variances from classification as a solid waste or to be classified as a boiler.
The Department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers: (revised 5/96)
(a) The applicant must apply to the Department for the variance. The application must address the relevant criteria contained in sections 260.31 or 260.32 (revised 12/92; 5/96).
(b) The Department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the locality where the recycler is located. The Department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at its discretion. The Department will issue a final decision after receipt of comments and after the hearing (if any). (revised 5/96)
260.34 through 260.39. [Reserved]
260.40. Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.
(a) The Department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in R.61-79.261.6(a)(2)(iii) should be regulated under R.61-79.261.6 (b) and (c) of this chapter. The basis for this decision is that if the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the Department will consider the following factors:
(1) The types of materials accumulated or stored and the amounts accumulated or stored;
(2) The method of accumulation or storage;
(3) The length of time the materials have been accumulated or stored before being reclaimed;
(4) Whether any contaminants are being released into the environment, or are likely to be so released; and
(5) Other relevant factors.
The procedures for this decision are set forth in Section 260.41 below of these Regulations.
260.41. Procedures for case-by-case regulation of hazardous waste recycling activities.
The Department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in R.61-79.261.6(a)(2)(iii) under the provisions of R.61-79.261.6 (b) and (c), rather than under the provisions of subpart F of R.61-79.266.
(a) If a generator is accumulating the waste, the Department will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of subparts A, C, D, and E of R.61-79.262. The notice will become final within thirty (30) days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Department will hold a public hearing. The Department will provide notice of the hearing to the public and allow public participation at the hearing. The Department will issue a final order after the hearing stating whether or not compliance with part 262 is required. The order becomes effective 30 days after service of the decision unless the Department specifies a later date or unless review by the Department is requested. The order may be appealed to the Department by any person who participated in the public hearing. The Department may choose to grant or to deny the appeal. Final Department action occurs when a final order is issued and Department review procedures are exhausted.
(b) If the person is accumulating the recyclable material as a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of R.61-79.270 and R.61-79.124. The owner or operator of the facility must apply for a permit under these regulations within no less than 60 days and no more than six months of notice, as specified in the notice. If the owner or operator of the facility wishes to challenge the Department's decision, he may do so in his permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the Department's determination. The question of whether the Department's decision was proper will remain open for consideration during the public comment period discussed under 124.11 of this chapter and in any subsequent hearing.
APPENDIX I
Overview of Hazardous Waste Management Regulations
The Department believes that there are many people who suspect, but are not sure, that their activities are subject to control under these Regulations. This appendix is written for these people. It is designed to help those who are unfamiliar with the hazardous waste control program to determine with which, if any, of the regulations they should comply.
Definition of Solid Waste.
The first question which such a person should ask himself is: "Is the material I handle a solid waste?" If the answer to this question is "No", then the material is not subject to control under these Regulations and, therefore, the person need not worry about whether he should comply.
R.61-79.261.2 provides a definition of "solid waste" which expands the statutory definition of that term given in section 1004(27) of RCRA. This definition is diagrammed in Figure 1 below.
Figure 1 explains that all materials are either: (1) Garbage refuse, or sludge, (2) solid, liquid, semi-solid or contained gaseous material; or (3) something else. No materials in the third category are solid waste. All material in the first category are solid waste. Materials in the second category are solid waste unless they are one of the five exclusions specified in R.61-79.261.4(a) Subpart A.
Definition of Hazardous Waste.
If a person has determined that his material is a "solid waste", the next question he should ask is: "Is the solid waste I handle a hazardous waste?"
Hazardous waste is defined in R.61-79.261.3 Subpart A. R.61-79.261.3 provides that, in general, a solid waste is a hazardous waste if: (1) it is, or contains, a hazardous waste listed in Subpart D of R.61-79.261, or (2) the waste exhibits any of the characteristics defined in Subpart C of R.61-79.261. However, R.61-79.260 and R.61-79.261 also contain provisions which exclude (R.61-79.261.4(b) Subpart A, Sections 260.20 and 260.22) certain solids wastes from the definition of "hazardous waste", even though they are listed in Subpart D or exhibit one or more of the characteristics defined in Subpart C. Figure 2 depicts the interplay of these special provisions with the definition of "hazardous waste". It presents a series of questions which a person should ask himself concerning his waste. After doing so, the person should be able to determine if the solid waste he handles is a hazardous waste.
If this is the case, the person should look at Figure 3. Figure 3 depicts the special provisions specified in the final R.61-79.261 rules for hazardous waste which:
1. Is generated by a small quantity generator
2. Is a sludge; is listed in R.61-79.261 Subpart D; or is a mixture containing a waste listed in R.61-79.261 Subpart D.
3. Is legitimately and beneficially used, reused, recycled or reclaimed.
For each of these Groups, Figure 3 indicates with which hazardous waste regulations (if any) the person handling these waste must comply. Figure 3 also explains that, if a person handles hazardous waste which is not included in any one of the above three categories, his waste is subject to the hazardous waste regulations diagrammed in Figure 4.
Figure 4 is a flowchart which identifies the three categories of activities regulated under the hazardous waste rules, and the corresponding set of rules with which people in each of these categories must comply. It points out that all people who handle hazardous waste are either: (1) Generators of hazardous waste, (2) transporters of hazardous waste, (3) owners or operators of hazardous waste treatment, storage, or disposal facilities, or (4) a combination of the above. Figure 4 indicates that all of these people must notify the Department of their hazardous waste activities in accordance with Section 44-56-120 of the Code of Laws of 1976 as amended and obtain an EPA identification number in accordance with RCRA Section 3010 Notification Procedures.
It should be noted that people handling wastes listed in subpart D of R.61-79.261 who have filed, or who intend to file an application to exempt their waste from regulation under these regulations, must also comply with the notification requirements of Section 44-56-120 of the Code of Laws of 1976 as amended and RCRA 3010.
If a person generates hazardous waste, Figure 4 indicates that he must comply with the R.61-79.262 rules. If he transports it, he must comply with the R.61-79.263 rules. The standards in both these parts are designed to ensure, among other things, proper recordkeeping and reporting, the use of a manifest system to track shipments of hazardous waste, the use of proper labels and containers, and the delivery of the waste to a permitted treatment, storage, or disposal facility.
If a person owns or operates a facility which treats, stores, or disposes of hazardous waste, the standards with which he must comply depend on a number of factors. First of all, if the owner or operator of a storage facility is also the person who generates the waste, and the waste is stored at the facility for less than 90 days for subsequent shipment offsite, then the person must comply with R.61-79.262.34 of the part 262 rules.
All other owners or operators of treatment, storage, or disposal facilities must comply with either the R.61-79.264 or R.61-79.265 rules. To determine with which of these sets of rules an owner or operator must comply, he must find out whether his facility qualifies for interim status. To qualify, the owner or operator must: (1) Have been treating, storing, or disposing of the hazardous waste, or commenced facility construction on or before October 21, 1976, (2) complied with the notification Section 44-56-120 of the Code of Laws of 1976 as amended requirements, and (3) applied for a permit under R.61-79.270.
If the owner or operator has done all of the above, he qualifies for interim status, and he must comply with the R.61-79.265 rules. These rules contain administrative requirements, monitoring and closure standards, and an abbreviated set of technical and closure and post-closure cost estimate requirements. The owner or operator must comply with these standards until final administrative disposition of his permit application is made. If a permit is issued to the owner or operator, he must then comply with the permit which will be based on the R.61-79.264 rules.
If the owner or operator has not carried out the above three requirements, he does not qualify for interim status. Until he is issued a permit for his facility, the owner or operator must stop waste management operations (if any) at the facility, and send his hazardous waste (if any) to a facility whose owner or operator has interim status or a permit or to an onsite temporary storage facility following the part 262 rules.
In order to apply for a permit, the owner or operator must comply with the procedures specified in R.61-79.270.
The following figures are provided for information:
Figure 1 Definition of a Solid Waste
Figure 2 Definition of a Hazardous Waste
Figure 3 Special Provisions For Certain Hazardous Waste
Figure 4 Regulations For Hazardous Waste Not Covered in Figure 3
Part 262 Part 263 Section 262.34 of Part 265 --Stop operations, if
any
Part 262 --Send waste inventory,
if any, to a facility
whose owner or
operator has interim
status, or a permit,
following the Part
262 rules
--Apply for permit
under Part 270 &
resume or commence
operations only after
permit is issued by
EPA under Parts 270,
124 and 264, or by a
State with an
EPA-approved
hazardous waste
permit program.
61-79.261. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
SUBPART A. GENERAL
261.1. Purpose and scope.
(a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under Regulations R.61-79.124, .262 through .266, .268, .270, and 40 CFR 271, and which are subject to the notification requirements of the South Carolina Hazardous Waste Management Act Section 44-56-120 and section 3010 of RCRA. In this part: (revised 11/90; 12/92)
(1) Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under R.61-79.262 through 266, R.61-79.268, and R.61-270, and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by the Department to identify characteristics of hazardous waste and to list particular hazardous wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies only to wastes that also are hazardous for purposes of the regulations implementing the South Carolina Hazardous Waste Management Act 44-56-10 et seq. and Subtitle C of RCRA. For example, it does not apply to materials (such as nonhazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled (revised 12/92; 12/93).
(2) This part identifies only some of the materials which are solid wastes and hazardous wastes under SCHWMA 44-56-10 et seq. and sections 3007, 3013, and 7003 of RCRA. A material which is not defined as a solid waste in this part, or is not a hazardous waste identified or listed in this part, is still a solid waste and a hazardous waste for purposes of these sections if:
(i) In the case of SCHWMA 44-56-90 and sections 3007 and 3013, the Department has reason to believe that the material may be a solid waste within the meaning of section 44-56-20(6) of the S.C. Code of Laws of 1976, as amended or a solid waste within the meaning of section 1004(27) of RCRA and a hazardous waste within the meaning of section 1004(5) of RCRA; or (11/90)
(ii) In the case of SCHWMA 44-56-50 or Section 7003, the statutory elements are established.
(c) For the purposes of sections 261.2 and 261.6:
(1) A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing;
(2) "Sludge" has the same meaning used in R.61-79.260.10.
(3) A "by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
(4) A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
(5) A material is "used or reused" if it is either:
(i) Employed as an ingredient (including use as an inter-mediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
(6) "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
(7) A material is "recycled" if it is used, reused, or reclaimed.
(8) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that--during the calendar year (commencing on January 1)-the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under Section 261.4(c) below are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
(9) "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
(10) "Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrapmetal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (261.4(a)(13)).
(11) "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
(12) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.
(d) [Reserved 5/06]
261.2. Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded by Section 261.4(a) or that is not excluded by variance granted under R.61-79.260.30 and 260.31.
(2) A discarded material is any material which is:
(i) Abandoned, as explained in paragraph (b) of this section; or
(ii) Recycled, as explained in paragraph (c) of this section; or
(iii) Considered inherently waste-like, as explained in paragraph (d) of this section; or
(iv) A "military munition" identified as a solid waste in 266.202.
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.
(c) Materials are solid wastes if they are recycled--or accumulated, stored, or treated before recycling--as specified in paragraphs (c)(1) through (c)(4).
(1) Used in a manner constituting disposal.
(i) Materials noted with an "x" in Column 1 of Table 1 are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes disposal; or
(B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in Section 261.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
(2) Burning for energy recovery.
(i) Materials noted with an "x" in column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in Section 261.33 are not solid wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with an "x" in column 3 of Table 1 are solid wastes when reclaimed (except as provided under 261.4(a)(17)). Materials noted with a " ----- " in column 3 of Table 1 are not solid wastes when reclaimed. (11/99; 8/00).
(4) Accumulated speculatively. Materials noted with an "x" in column 4 of Table 1 are solid wastes when accumulated speculatively.
261.2 TABLE 1 - Summary of Definitions of Solid Waste
261.2 Table 1 - Summary of Definitions of Solid Waste
(d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subparts C or D of this part, except for brominated material that meets the following criteria: (revised 12/92; 12/93).
(i) The material must contain a bromine concentration of at least 45%; and (added 12/93)
(ii) The material must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and (added 12/93)
(iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (added 12/93)
(3) The Department will use the following criteria to add wastes to that list:
(i)(A) The materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents listed in Appendix VIII of R.61-79.261 of these Regulations and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and
(ii) The material may pose a substantial hazard to human health and the environment when recycled.
(e) Materials that are not solid waste when recycled.
(1) Materials are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed or land disposed; or (revised 5/96)
(ii) Used or reused as effective substitutes for commercial products; or
(iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at 261.4(a)(17) apply rather than this paragraph. (5/96, 11/99)
(2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1)(i)-(iii):
(i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this section. (12/93)
(f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing the SC Hazardous Waste Management Act Sections 44-56-10 et seq. and Subtitle C of RCRA who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so (revised 12/93).
261.3. Definition of hazardous waste.
(a) A solid waste, as defined in 261.2, is a hazardous waste if: (11/99)
(1) It is not excluded from regulation as a hazardous waste under 261.4(b) and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table 1 to 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred, or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. (11/90; 12/93)
(ii) It is listed in subpart D and has not been excluded from the lists in subpart D under 260.20 and 260.22 of this chapter.
(iii) [Reserved] (11/90; 12/93)
(iv) It is a mixture of solid waste and one or more hazardous wastes listed in subpart D of this part and has not been excluded from this paragraph (a)(2) of this section under 260.20 and 260.22, paragraph (g) of this section, or paragraph (h) of this section; however, the following mixtures of solid wastes and hazardous wastes listed in subpart D of this part are not hazardous wastes (except by application of paragraph (a)(2) (i) or (ii) of this section) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under the S. C. Pollution Control Act Section 48-1-10 et seq., of the S. C. Code of Laws of 1976, as amended and under either section 402 or section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater) and: (11/90; 12/93)
(A) One or more of the following solvents listed in section 261.31 - benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the combustion of these spent solvents--- Provided, that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 1 part per million; or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Department. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Department. The Department may reject the sampling and analysis plan if the Department finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
(B) One or more of the following spent solvents listed in Section 261.31 - methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents - provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment system does not exceed 25 parts per million; or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the the Department as the context requires, or an authorized representative. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Department. The Department may reject the sampling and analysis plan if the Department finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
(C) One of the following wastes listed in 261.32, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil water solids separation heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No. K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line filter separation solids from petroleum refining operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in 261.31 through 261.33, arising from de minimis losses of these materials. For purposes of this paragraph (a)(2)(iv)(D), "de minimis" losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in 261.31 through 261.32, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subpart D of this part must either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed (in 261 Appendix VII) of this part; and the constituents in the table "'Treatment Standards for Hazardous Wastes"' in 268.40 for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or
(E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subpart D of this part, Provided, That the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre-treatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or (revised 5/96)
(F) One or more of the following wastes listed in 261.32 - wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157) - Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Department or an authorized representative. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Department. The Department may reject the sampling and analysis plan if the Department finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
(G) Wastewaters derived-from the treatment of one or more of the following wastes listed in 261.32 - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156). - Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Department or an authorized representative. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Department. The Department may reject the sampling and analysis plan if the Department finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Department rejects the sampling and analysis plan or if the Department finds that the facility is not following the sampling and analysis plan, the Department shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected.
(v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Third Edition, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). EPA Publication SW-846, Third Edition, is available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954, 202-783-3238 (document number 955-001-00000-1).
(A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
(b) A solid waste which is not excluded from regulation under paragraph (a)(1) becomes a hazardous waste when any of the following events occur:
(1) In the case of a waste listed in Subpart D when the waste first meets the listing description set forth in Subpart D.
(2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subpart D is first added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Subpart C.
(c) Unless and until it meets the criteria of paragraph (d) of this part:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h), any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.) (6/02)
(ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:
(A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332).
(B) Waste from burning any of the materials exempted from regulation by section 261.6(a)(3)(iii) and (iv) (12/92; 5/96).
(C)(1) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in paragraphs (6), (7), and (13) of the definition for Industrial furnace" in 260.10), that are disposed in subtitle D units, provided that these residues meet the generic exclusion levels identified in the tables in this paragraph for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements. (revised 12/92; 12/93)
(2) A one-time notification and certification must be placed in the facility's files and sent to the Department for K061, K062, or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to subtitle D units. The notification and certification that is placed in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need only notify the Department on an annual basis if such changes occur. Such notification and certification should be sent to the Department by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the subtitle D unit receiving the waste shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (added 12/93; revised 5/96)
(D) Biological treatment sludge from the treatment of one of the following wastes listed in 261.32-organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157). (added 5/96)
(E) Catalyst inert support media separated from one of the following wastes listed in 261.32 Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172).
(d) Any solid waste described in paragraph (c) is not a hazardous waste if it meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in subpart C. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of part 268, even if they no longer exhibit a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under Subpart D, contains a waste listed under Subpart D or is derived from a waste listed in Subpart D, it also has been excluded from paragraph (c) under R.61-79.260.20 and 260.22.
(e) For the purposes of this regulation the wastes listed in Appendix XI will be considered hazardous.
(f) Notwithstanding paragraphs (a) through (d) of this section and provided the debris as defined in part 268 of this chapter does not exhibit a characteristic identified at subpart C of this part, the following materials are not subject to regulation under 260, 261 to 266, 268, or 270: (added 12/93)
(1) Hazardous debris as defined in part 268 of this chapter that has been treated using one of the required extraction or destruction technologies specified in Table 1 of Section 268.45 of this chapter; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or (added 12/93)
(2) Debris as defined in part 268 of this chapter that the Department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. (added 12/93)
(g)(1) A hazardous waste that is listed in subpart D of this part solely because it exhibits one or more characteristics of ignitability as defined under 261.21, corrosivity as defined under 261.22, or reactivity as defined under 261.23 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in subpart C of this part.
(2) The exclusion described in paragraph (g)(1) of this section also pertains to:
(i) Any mixture of a solid waste and a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of this section; and
(ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this section.
(3) Wastes excluded under this section are subject to part 268 of this chapter (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.
(4) Any mixture of a solid waste excluded from regulation under 261.4(b)(7) and a hazardous waste listed in Subpart D solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in Subpart C for which the hazardous waste listed in Subpart D was listed.
(h)(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of 266, Subpart N ("eligible radioactive mixed waste").
(2) The exemption described in paragraph (h)(1) of this section also pertains to:
(i) Any mixture of a solid waste and an eligible radioactive mixed waste; and
(ii) Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility criteria and specified conditions in 266.225 and 266.230 (for storage and treatment). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.
261.4. Exclusions.
(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.
(2) Industrial wastewater discharges that are point source discharges subject to regulation under Section 48-1-10 et seq., of the S. C. Code of Laws of 1976, and section 402 of the Clean Water Act, as amended.
[Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment] (revised 12/92).
(3) Irrigation return flows.
(4) Materials covered under Article 2 of Chapter 7 of Title 13 of the 1976 Code of Laws of S.C., as amended.
(5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in Section 261.1(c).
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in Section 261.1(c).
(8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the following conditions:
(A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;
(B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;
(C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;
(D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in part 265, subpart W of this chapter, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and
(E) Prior to operating pursuant to this exclusion, the plant owner or operator prepares a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the appropriate Department for reinstatement. The Department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur.
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke byproducts processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in section 261.24 of this part when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or are mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or the tar recovery or refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.
(12)(i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911 - including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(12)(i), where such materials as generated would have otherwise met a listing under subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal. (5/96, 9/98)
(ii) Recovered oil that is recycled in the same manner and with the same conditions as described in paragraph (a)(12)(i) of this section. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in subpart D of this part; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in 40 CFR 279.1.
(13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel cadmium batteries and lithium batteries.
(15) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.
(16) Comparable fuels or comparable syngas fuels (i.e., comparable syngas fuels) that meet the requirements of 261.38.
(17) Spent materials (as defined in 261.1) (other than hazardous wastes listed in subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that: (11/99; 8/00)
(i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in 260.10), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials. (8/00)
(iv) The Department may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers and buildings eligible for exclusion.
(A) The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.
(B) Pads must meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs.
(C) Before making a determination under this paragraph, the Department must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.
(v) The owner or operator provides notice to the Department, providing the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process. (8/00)
(vi) For purposes of 261.4(a)(7) mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.
(18) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in 261.21) and/or toxicity for benzene (261.24, waste code D018); and
(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in 261.1(c).
(20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied:
(i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in 261.1(c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:
(A) Submit a one-time notice to the Department which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).
(B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:
(1) have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and
(2) provide for effective drainage and removal of leaks, spills and accumulated precipitation; and
(3) prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20).
(D) Maintain at the generator's or intermediate handler's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and
(3) Type and quantity of excluded secondary material in each shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:
(A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B) of this section.
(B) Submit a one-time notification to the Department that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).
(C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.
(D) Submit to the Department an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated.
(iv) Nothing in this section preempts, overrides or otherwise negates the provision in 262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.
(v) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in paragraph (a)(20)(ii)(A), and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 264 and 265.
(21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraph (a)(20) of this section, provided that:
(i) The fertilizers meet the following contaminant limits:
(B) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce.
(iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of paragraph (a)(21)(ii) of this section. Such records must at a minimum include:
(A) The dates and times product samples were taken, and the dates the samples were analyzed;
(B) The names and qualifications of the person(s) taking the samples;
(C) A description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory facility at which analyses of the samples were performed;
(E) A description of the analytical methods used, including any cleanup and sample preparation methods; and
(F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph (a)(21).
(22) Used Cathode Ray Tubes (CRTs)
(i) Used, intact CRTs as defined in Sec. 260.10 of this chapter are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in 261.1(c)(8) by CRT collectors or glass processors.
(ii) Used, intact CRTs as defined in Sec. 260.10 of this chapter are not solid wastes when exported for recycling provided that they meet the requirements of Sec. 261.40.
(iii) Used, broken CRTs as defined in Sec. 260.10 of this chapter are not solid wastes provided that they meet the requirements of 261.39.
(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of 261.39(c).
(23) [Reserved and Withdrawn]
(24) [Withdrawn]
(b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:
(1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. "Household waste" means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of these regulations, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site if such overburden is handled in compliance with all applicable provisions of the S. C. Mining Act, Section 48-20-10 et seq., S. C. Code of Laws, 1976, as amended.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by 266.112 for facilities that burn or process hazardous waste (revised 12/92).
(5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in Subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and
(B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and
(C) The waste is typically and frequently managed in non-oxidizing environments.
(ii) Specific wastes which meet the standard in paragraphs (b)(6)(i) (A), (B), and (C) (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are: (amended 11/90)
(A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (amended 11/90)
(B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/ chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair/pulp/chrome tan/retan/wet finish; hair save/chrome tan retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.
(D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.
(H) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.
(7) Solid waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 266.112 for facilities that burn or process hazardous waste. For purposes of 261.4(b)(7), beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purposes of 261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes:
(i) For the purposes of 261.4(b)(7), beneficiation of ores and minerals is restricted to the following activities; crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. (12/92)
(ii) For the purposes of 261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes as generated:
(J) Fluorogypsum from hydrofluoric acid production;
(K) Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from iron blast furnaces;
(M) Iron blast furnace slag;
(N) Treated residue from roasting/leaching of chrome ore;
(O) Process wastewater from primary magnesium processing by the anhydrous process;
(P) Process wastewater from phosphoric acid production;
(Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;
(R) Basic oxygen furnace and open hearth furnace slag from carbon steel production;
(S) Chloride process waste solids from titanium tetrachloride production;
(T) Slag from primary zinc processing.
(iii) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraph (b) of this section if the owner or operator: (11/99)
(A) Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and,
(B) Legitimately reclaims the secondary mineral processing materials.
(8) Cement kiln dust waste, except as provided by 266.112 for facilities that burn or process hazardous waste (revised 12/92).
(9) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and which is not a hazardous waste for any other reason, if the waste is generated by persons who utilize the arsenical-treated wood and wood product for these materials' intended end use. (amended 11/90; 12/92)
(10) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of Section 261.24 [Hazardous Waste Codes D016 through D043 only] and are subject to the corrective action requirements of 40 CFR 280.
(11) [Blank]
(12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
(13) Non-terne plated used oil filters that are not mixed with wastes listed in Subpart D of this part if these oil filters have been gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used oil.
(14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that: (8/00, 6/03)
(i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181, if these wastes had been generated after the effective date of the listing; (6/03)
(ii) The solid wastes described in paragraph (b)(15)(i) of this section were disposed prior to the effective date of the listing;
(iii) The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act.
(v) As of February 13, 2001, leachate or gas condensate derived from K169-K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph after the emergency ends. (6/03)
(c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270, and R.61-79.124 or the notification requirements of South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. (amended 11/90)
(d) Samples. (1) Except as provided in paragraph (d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270, or R.61-79.124 or to the notification requirements of section 3010 of RCRA and the South Carolina Hazardous Waste Management Act 44-56-120 when: (amended 11/90)
(i) The sample is being transported to a laboratory for the purpose of testing; or
(ii) The sample is being transported back to the sample collector after testing; or
(iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
(2) In order to qualify for the exemption in paragraph (d)(1)(i) and (ii), a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:
(i) Comply with U. S. Department of Transportation (DOT), U. S. Postal Service (USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize from its packaging.
(3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in paragraph (d)(1).
(e) Treatability Study Samples.
(1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in section 260.10, are not subject to any requirement of parts 261 through 263 of this chapter or to the notification requirements of SC 44-56-120 and Section 3010 of RCRA, nor are such samples included in the quantity determinations of 261.5 and 262.34(d) when:
(i) The sample is being collected and prepared for transportation by the generator or sample collector; or
(ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or
(iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
(2) The exemption in paragraph (e)(1) is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and
(ii) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous waste; and
(iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph A or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), South Carolina Public Service Commission or any other applicable shipping requirements; or
(B) If the DOT, USPS, South Carolina Public Service Commission or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:
(1) The name, mailing address, and telephone number of the originator of the sample;
(2) The name, address, and telephone number of the facility that will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste Number.
(iv) The sample is shipped to a laboratory or testing facility which is exempt under 261.4(f) or has an appropriate RCRA permit or interim status.
(v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the generator.
(vi) The generator reports the information required under paragraph (e)(2)(v)(C) of this section in its annual report.
(3) The Department may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Department may grant requests on a case-by-case basis for quantity limits in excess of those specified in paragraphs (e)(2)(i) and (ii) and (f)(4) of this section, for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste;
(i) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.
(ii) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
(iii) The additional quantities and time frames allowed in paragraph (e)(3) (i) and (ii) of this section are subject to all the provisions in paragraphs (e)(1) and (e)(2)(iii) through (vi) of this section. The generator or sample collector must apply to the Department and provide in writing the following information:
(A) The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study;
(C) A description of the technical modifications or change in specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and
(E) Such other information that the Department considers necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this part, part 124, parts 262 through 266, 268, and 270, or to the notification requirements SCHWMA 44-56-120 and Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) through (11) of this section are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (f) (1) through (11) of this section. Where a group of MTUs are located at the same site, the limitations specified in (f) (1) through (11) of this section apply to the entire group of MTUs collectively as if the group were one MTU. (amended 11/90)
(1) No less than 45 days before conducting treatability studies, the facility notifies the Department in writing that it intends to conduct treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability study has an EPA identification number.
(3) No more than a total of 10,000 kg of "as received" media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" hazardous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.
(4) The quantity of "as received" hazardous waste stored as the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to "as received" hazardous waste.
(5) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.
(6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:
(i) The name, address, and EPA identification number of the generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of "as received" waste in storage each day;
(v) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.
(8) The facility keeps, onsite, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.
(f)(9) The facility prepares and submits a report to the Department by March 15 of each year, that includes the following information for the previous calendar year:
(i) The name, address, and EPA identification number of the facility conducting the treatability studies;
(ii) The types (by process) of treatability studies conducted;
(iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers);
(iv) The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected to treatability studies;
(vi) When each treatability study was conducted;
(vii) The final disposition of residues and unused sample from each treatability study.
(10) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under 261.3 and, if so, are subject to Parts 261 through 268, and Part 270 of this Chapter, unless the residues and unused samples are returned to the sample originator under the 261.4(e) exemption.
(11) The facility notifies the Department by letter when the facility is no longer planning to conduct any treatability studies at the site.
(g) Dredged material that is not a hazardous waste. Dredged material that is subject to the requirements of a permit that has been issued under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), the following definitions apply:
(1) The term dredged material has the same meaning as defined in 40 CFR 232.2;
(2) The term permit means:
(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or an approved State under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);
(ii) A permit issued by the Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of Corps civil works projects, the administrative equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) of this section, as provided for in Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6).
261.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month. (amended 6/89)
(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and R.61-79.124, and the notification requirements of Section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act and provided the generator complies with the requirements of paragraphs (f), (g), and (j).
(c) When making the quantity determinations of this part and R.61-79.262, the generator must include all hazardous waste that it generates, except hazardous waste that: (revised 5/96)
(1) Is exempt from regulation under R.61-79.261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8; or (added 5/96)
(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in R.61-79.260.10; or (added 5/96)
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under R.61-79.261.6(c)(2); or (added 5/96)
(4) Is used oil managed under the requirements of R.61-79.261.6(a)(4) or (added 5/96)
(5) Is spent lead-acid batteries managed under the requirements of R.61-79.266 subpart G; or (added 5/96)
(6) Is universal waste managed under R.61-79.261.9 and R.61-79.273. (added 5/96)
(d) In determining the quantity of hazardous waste he generates, a generator need not include:
(1) His hazardous waste when it is removed from onsite storage; or
(2) Hazardous waste produced by onsite treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61.79.270 and R.61-79.124 and the notification requirements of the South Carolina Hazardous Waste Management Act Section 44-56-120 and section 3010 of RCRA: (amended 11/90; 12/92)
(1) A total of one kilogram of acute hazardous wastes listed in sections 261.31, 261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in sections 261.31, 261.32, or 261.33(e).
[Comment: "Full regulation" means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month.]
(f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e) (1) or (2) of this section to be excluded from full regulation under this section, the generator must comply with the following requirements: (amended 11/90)
(1) Sections 262.11 of R.61-79.262;
(2) The generator may accumulate acute hazardous waste onsite. If he accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e) (1) or (2) of this section, all of those accumulated wastes are subject to regulation under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and R.61-79.124 and the applicable notification requirements of Section 3010 RCRA and the applicable notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120. The time period of R.61-79.262.34(a) for accumulation of wastes onsite, begins when the accumulated wastes exceed the applicable exclusion limit; (amended 11/90)
(3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an onsite facility, or ensure delivery to an offsite storage, treatment 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.61-79.270 and R.61-79.265.
(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under 40 CFR 271;
(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to R.61-107.258; (revised 12/92; 5/96)
(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 after January 1, 1998, is subject to the requirements in R.61-107.257.5 through 257.30; or
(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; or (revised 5/96)
(vii) For universal waste managed under part 273, a universal waste handler or destination facility subject to the requirements of R.61-79.273. (added 5/96)
(g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements:
(1) Section 262.11 of R.61-79.262;
(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If he accumulates at any time more than a total of 1000 kilograms of his hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of R.61-79.262 applicable to generators of between 100 kilograms and 1000 kilograms of hazardous waste in a calendar month as well as the requirements of R.61-79.263 through R.61-79.266, R.61-79.268, and R.61-79.270 and R.61-79.124 and the applicable notification requirements of Section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120. The time period of R.61-79.262.34(d) for accumulation of wastes onsite begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1000 kilograms; (amended 11/90)
(3) A conditionally exempt small quantity generator may either treat or dispose of his 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.61-79.270 and R.61-79.265;
(iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under 40 CFR 271 (revised 12/92);
(iv) Permitted, licensed, or registered by the Department to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to R.61-107. 258; (revised 6/89; 2/92; 5/96)
(v) Permitted, licensed, or registered by the Department to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in R.61-107.257.5 through 257.30; or
(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; or (revised 5/96)
(vii) For universal waste managed under part 273, a universal waste handler or destination facility subject to the requirements of R.61-79.273. (added 5/96)
(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section unless the mixture meets any of the characteristics of hazardous waste identified in Subpart C.
(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to R.61-79.107.279. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated. (6/89)
(k) [Reserved-moved to 262.42(b)]
261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as "recyclable materials."
(2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through H of R.61-79.266 and all applicable provisions in R.61-79.270 and R.61-79.124 (revised 12/92):
(i) Recyclable materials used in a manner constituting disposal (part 266, subpart C);
(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under subpart O of R.61-79.264 or R.61-79.265 (part 266, subpart H); (amended 11/90; 12/92)
(iii) [Reserved 6/06]
(iv) Recyclable materials from which precious metals are reclaimed (40 CFR part 266, subpart F);
(v) Spent lead-acid batteries that are being reclaimed (40 CFR part 266, subpart G).
(3) The following recyclable materials are not subject to regulation under 262 through 266, or 268, 270 or 124 and are not subject to the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120 and section 3010 RCRA.
(i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in 262.58:
(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in R.61-79.262 Sections 262.53, 262.56 (a)(1) through (4), (6), and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in Subpart E of R.61-79.262 and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.
(ii) Scrap metal that is not excluded under 261.4(a)(13). (10/01);
(iii) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under 261.4(a)(12); (10/01)
(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under R.61-79.107.279 and so long as no other hazardous wastes are used to produce the hazardous waste fuel; (12/92, 5/96, 6/03)
(B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under R.61-79.107.279; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under R.61-79.107.279; and
(v) [Reserved 5/06]
(vi) Used oil that exhibits one or more of the characteristics of hazardous waste but is recycled in some other manner than being burned for energy recovery (2/92, 8/00, 9/01, 6/03)
(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of parts 260 through 268, but is regulated under R.61-79.107.279.11. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed. (12/93)
(5) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in 262.58(a)(1)) for purpose of recovery is subject to the requirements of part 262, subpart H, if it is subject to either the federal manifesting requirements of Part 262, to the universal waste management standards of Part 273.
(b) Generators and transporters of recyclable materials are subject to the applicable requirements of R.61-79.262 and R.61-79.263 of these Regulations, and the notification requirements under 44-56-120 and Section 3010 of RCRA, except as provided in paragraph (a) of this section.
(c)(1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subparts A through L, AA, BB and CC of R.61-79.264 and R.61-79.265, and under R.61-79.266, R.61-79.268, R.61-79.270, and R.61-79.124 and the notification requirements of section 3010 RCRA and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in 261.6(d).) (amended 11/90; 12/92)
(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in paragraph (a) of this section:
(i) Notification requirements under SCHWMA 44-56-120, and section 264.5 or section 265.5 and section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of R.61-79.265.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of part 264 or 265 of this chapter.
261.7. Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under R.61-79.261 through R.61-79.266, or R.61-79.268, R.61-79.124, and R.61-79.270 or to the notification requirements of Section 3010 RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)
(2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under R.61-79.261 through R.61-79.266, and R.61-79.268, R.61-79.124, and R.61-79.270 and to the notification requirements of section 3010 RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)
(b)(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in sections 261.31, 261.32, or 261.33(e) of this regulation, is empty if:
(i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or
(B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.
(2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in Sections 261.31, 261.32 or 261.33(e) of this regulation is empty if:
(i) the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
(ii) the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or
(iii) in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
261.8. PCB wastes regulated under Toxic Substance Control Act.
The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under 40 CFR 761 and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are exempt from regulation under parts 261 through 266, and parts 268, 270, and 124, and the notification requirements of section 3010 of RCRA and the South Carolina Hazardous Waste Management Act 44-56-120. (amended 11/90)
261.9. Requirements for Universal Waste.
The wastes listed in this section are exempt from regulation under parts 262 through 270 except as specified in part 273 and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under 273: (5/96)
(a) Batteries as described in 273.2;
(b) Pesticides as described in 273.3;
(c) Mercury-containing equipment as described in 273; and
(d) Lamps as described in 273.5.
SUBPART B. CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
261.10. Criteria for identifying the characteristics of hazardous waste.
(a) The Department shall identify and define a characteristic of hazardous waste in subpart C only upon determination that:
(1) A solid waste that exhibits the characteristic may:
(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or
(ii) Reasonably detected by generators of solid waste through their knowledge of their waste.
261.11. Criteria for listing hazardous waste.
(a) The Department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:
(1) It exhibits any of the characteristics of hazardous waste identified in Subpart C.
(2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.)
(3) It contains any of the toxic constituents listed in appendix VIII and, after considering the following factors, the Department concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a)(3)(vii).
(iv) The persistence of the constituent or any toxic degradation product of the constituent.
(v) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation.
(vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste could be subjected.
(viii) The quantities of the waste generated at individual generation sites or on a regional or national basis.
(ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.
(x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.
(xi) Such other factors as may be appropriate. Substances will be listed in Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated Toxic wastes.)
(b) The Department list classes or types of solid waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste in Section 261.3 and found in section 1004(5) of RCRA.
(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits referred to in Section 261.5(c).
SUBPART C. CHARACTERISTICS OF HAZARDOUS WASTE
261.20. General.
(a) A solid waste, as defined in section 261.2, which is not excluded from regulation as a hazardous waste under section 261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart.
[Comment: 262.11 of this chapter sets forth the generators responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subpart]
(b) A hazardous waste which is identified by a characteristic in this subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this subpart. This number must be used in complying with the notification requirements of section 3010 of the Act and all applicable recordkeeping and reporting requirements under R.61-79.262 through R.61-79.266, R.61-79.268, R.61-79.270 and the notification requirements of the South Carolina Hazardous Waste Management Act 44-56-120 (amended 11/90).
(c) For purposes of this subpart, the Department will consider a sample obtained using any of the applicable sampling methods specified in Appendix I to be a representative sample within the meaning of R.61-79.260.
[Comment: Since the appendix I sampling methods are not being formally adopted by the Department, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in 260.20 and 260.21.]
261.21. Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see 260.11) or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see 260.11) or as determined by an equivalent test method approved by the Department under procedures set forth in R.61-79.260.20 and 260.21. (amended 11/90)
(2) It is not a liquid and is capable under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes, and when ignited, burns so vigorously and persistently that it creates a hazard.
(3) It is an ignitable compressed gas as defined in 49 CFR 173.115 and as determined by the test methods described in that regulation or equivalent test methods approved by the Department under 260.20 and 260.21. (12/93)
(4) It is an oxidizer as defined in 49 CFR 173.127.
(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.
261.22. Characteristic of corrosivity.
(a)(1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11. (12/93)
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in R.61-79.260.11 (revised 12/93)
(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.
261.23. Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.51 or a Class A explosive as defined in 49 CFR 173.53, or a Class B explosive as defined in 49 CFR 173.88.
(b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.
261.24. Toxicity characteristic.
(a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in 260.11, the extract from a representative sample of the waste contains any of the contaminants listed in Table I at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section. (12/92; 12/93; 12/94)
(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.
Table I.--Maximum Concentration of Contaminants for the Toxicity Characteristic
[FN3] Quantitation limit is greater than the calculated regulatory level. The
quantitation limit therefore becomes the regulatory level.
[FN4] If o-, m-, and p-Cresol concentrations cannot be differentiated, the
total cresol (D026) concentration is used. The regulatory level of total
cresol is 200 mg/1.
SUBPART D. LISTS OF TOXIC HAZARDOUS WASTES
261.30. General.
(a) A solid waste is a hazardous waste if it is listed in this Subpart, unless it has been excluded from this list under R.61-79.260.20 and 260.22.
(b) The Department will indicate the basis for listing the classes or types of wastes listed in this Subpart by employing one or more of the following Hazard Codes:
Appendix VII identifies the constituent which caused the Department to list the waste as a Toxic Characteristic (E) or Toxic Waste (T) in Sections 261.31 and 261.32.
(c) Each hazardous waste listed in this Subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with notification requirements and certain recordkeeping and reporting requirements under R.61-79.262 through R.61-79.265, R.61-79.268, and R.61-79.270.
(d) The following hazardous wastes listed in Section 261.31 or 261.32 are subject to the exclusion limits for acutely hazardous wastes established in Section 261.5: EPA Hazardous Wastes Numbers F020, F021, F022, F023, F026, and F027.
261.31. Hazardous wastes from nonspecific sources.
(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under R.61-79.260.20 and 260.22 and listed in appendix IX; [only changes are listed; see Appendix A-1].
[FN*] (I,T) should be used to specify mixtures that are ignitable and contain
toxic constituents.
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
(2)(i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employs a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
(ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that:
(A) the unit is an aggressive biological treatment unit as defined in this subsection; and
(B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.
(3)(i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and
(B) floats are considered to be generated at the moment they are formed in the top of the unit.
261.32 Hazardous wastes from specific sources.
(a) The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under 260.20 and 260.22 and listed in Appendix IX. 261.32. Table is now also (a) (12/92, 5/96, 9/98, 9/01)
(1) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing.
(c) K181 Listing Levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.
(d) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (a) of this section). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (a) of this section, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (d)(4) of this section.
(1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents (see paragraph (c) of this section) can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.
(2) Determination for generated quantities of 1,000 MT/yr or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of paragraph (c) of this section. To make this determination, the generator must:
(i) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.
(ii) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of paragraph (d)(3) of this section for the remainder of the year.
(iii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(iv) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(A) The quantity of dyes and/or pigment nonwastewaters generated.
(B) The relevant process information used.
(C) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.
(3) Determination for generated quantities greater than 1,000 MT/yr for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator must perform all of the steps described in paragraphs (d)(3)(i)-(d)(3)(xi) of this section in order to make a determination that its waste is not K181.
(i) Determine which K181 constituents (see paragraph (c) of this section) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).
(ii) If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (d)(2) of this section and keep the records described in paragraph (d)(2)(iv) of this section. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this section.
(iii) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:
(A) A discussion of the number of samples needed to characterize the wastes fully;
(B) The planned sample collection method to obtain representative waste samples;
(C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.
(D) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.
(iv) Collect and analyze samples in accordance with the waste sampling and analysis plan.
(A) The sampling and analysis must be unbiased, precise, and representative of the wastes.
(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of paragraph (c) of this section.
(v) Record the analytical results.
(vi) Record the waste quantity represented by the sampling and analysis results.
(vii) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).
(viii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(ix) Determine whether the mass of any of the K181 constituents listed in paragraph (c) of this section generated between January 1 and December 31 of any year is below the K181 listing levels.
(x) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
(A) The sampling and analysis plan.
(B) The sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment nonwastewaters generated.
(D) The calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.
(A) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.
(B) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
(C) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.
(4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.
(5) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the subtitle C requirements during the interim period, the generator could be subject to an enforcement action for improper management.
261.33. Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.
The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in Section 261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.
(a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f).
(b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section.
(c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, unless the container is empty as defined in Section 261.7(b).
[Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, reuse, recycling or reclamation, the Department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate reuse of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.]
(d) 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 commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, or 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 off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section.
[Comment: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in ..." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either sections 261.31 or 261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.].
(e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in section 261.5(e).
[Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity (revised 12/92). Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number.]
These wastes and their corresponding EPA Hazardous Waste Numbers are:
P122 1314-84-7 Zinc phosphide Zn3P2, when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram. (added 5/96)
FOOTNOTE: [FN1] CAS Number given for parent compound only.
(f) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in Section 261.5(a) and (g). (revised 5/96)
[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity (revised 12/92; 5/96). Wastes are first listed in alphabetical order by substance and then listed again in numerical order by Hazardous Waste Number.]
These wastes and their corresponding EPA Hazardous Waste Numbers are:
U248 [FN1] 81-81-2 Warfarin, & salts, when present at concentrations
of 0.3% or less
U239 1330-20-7 Xylene (I)
U200 50-55-5 Yohimban-16-carboxylic acid, 11,
17-dimethoxy-18-[(3, 4, 5-trimethoxy-
benzoyl)oxy]-, methyl ester, (3beta, 16beta,
17alpha, 18beta, 20alpha)-
U249 1314-84-7 Zinc phosphide Zn3P2, when present at
concentrations of 10% or less
[FN1] CAS Number given for parent compound only.
261.35. Deletion of certain hazardous waste codes following equipment cleaning and replacement.
(a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
(b) Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.
(1) Generators shall do one of the following:
(i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;
(ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or
(iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that describes:
(A) The equipment to be cleaned;
(B) How the equipment will be cleaned;
(C) The solvent to be used in cleaning;
(D) How solvent rinses will be tested; and
(E) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(A) Remove all visible residues from process equipment;
(B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested in accordance with SW-846, Method 8290.
(B) "Not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.
(iv) The generator must manage all residues from the cleaning process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that describes:
(A) The equipment to be replaced;
(B) How the equipment will be replaced; and
(C) How the equipment will be disposed.
(ii) The generator must manage the discarded equipment as F032 waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.
(c) The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:
(1) The name and address of the facility;
(2) Formulations previously used and the date on which their use ceased in each process at the plant;
(3) Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement plan;
(5) The name and address of any persons who conducted the cleaning and replacement;
(6) The dates on which cleaning and replacement were accomplished;
(7) The dates of sampling and testing;
(8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the date the tests were performed, and the results of the tests;
(10) The name and model numbers of the instrument(s) used in performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the generator or his authorized representative:
I certify under penalty of law that all process equipment required to be cleaned or replaced under 261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.
SUBPART E. EXCLUSIONS/EXEMPTIONS
261.38. Comparable/Syngas Fuel Exclusion.
Wastes that meet the following comparable/syngas fuel requirements are not solid wastes:
(a) Comparable fuel specifications.
(1) Physical specifications.
(i) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500 J/g).
(ii) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
(2) Constituent specifications. For compounds listed below, the specification levels and, where non-detect is the specification, minimum required detection limits are: [see Table 1].
(b) Synthesis gas fuel specification. -- Synthesis gas fuel (i.e., syngas fuel) that is generated from hazardous waste must:
(1) Have a minimum Btu value of 100 Btu/Scf;
(2) contain less than 1 ppmv of total halogen;
(3) contain less than 300 ppmv of total nitrogen other than diatomic nitrogen (N2);
(4) contain less than 200 ppmv of hydrogen sulfide; and
Contain less than 1 ppmv of each hazardous constituent in the target list of Appendix VIII constituents of this part.
WIDETABLE
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Table 1 to 261.38.--Detection and Detection Limit Values for Comparable Fuel Specification
[FN(1)] 25 or individual halogenated organics listed below.
(c) Implementation. Waste that meets the comparable or syngas fuel specifications provided by paragraphs (a) or (b) of this section (these constituent levels must be achieved by the comparable fuel when generated, or as a result of treatment or blending, as provided in (3) or (4) below) is excluded from the definition of solid waste provided that the following requirements are met:
(1) Notices--For purposes of this section, the person claiming and qualifying for the exclusion is called the comparable/syngas fuel generator and the person burning the comparable/syngas fuel is called the comparable/syngas burner. The person who generates the comparable fuel or syngas fuel must claim and certify to the exclusion.
(i) State RCRA and CAA Directors in Authorized States or Regional RCRA and CAA Directors in Unauthorized States.--
(A) The generator must submit a one-time notice to the Regional or State RCRA and CAA Directors, in whose jurisdiction the exclusion is being claimed and where the comparable/syngas fuel will be burned, certifying compliance with the conditions of the exclusion and providing documentation as required by paragraph (C);
(B) If the generator is a company that generates comparable/syngas fuel at more than one facility, the generator shall specify at which sites the comparable/syngas fuel will be generated;
(C) A comparable/syngas fuel generator's notification to the Directors must contain the following items:
(1) the name, address, and RCRA ID number of the person/facility claiming the exclusion;
(2) the applicable EPA Hazardous Waste Codes for the hazardous waste;
(3) name and address of the units, meeting the requirements of 261.38(c)(2), that will burn the comparable/syngas fuel; and
(4) the following statement is signed and submitted by the person claiming the exclusion or his authorized representative: "Under penalty of criminal and civil prosecution for making or submitting false statements, representations, or omissions, I certify that the requirements of 261.38 have been met for all waste identified in this notification. Copies of the records and information required at 261.38(c)(10) are available at the comparable/syngas fuel generator's facility. Based on my inquiry of the individuals immediately responsible for obtaining the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(ii) Public Notice. -- Prior to burning an excluded comparable/syngas fuel, the burner must publish in a major newspaper of general circulation local to the site where the fuel will be burned, a notice entitled "Notification of Burning a Comparable/Syngas Fuel Excluded Under the Resource Conservation and Recovery Act" containing the following information:
(A) name, address, and RCRA ID number of the generating facility;
(B) name and address of the unit(s) that will burn the comparable/syngas fuel;
(C) a brief, general description of the manufacturing, treatment, or other process generating the comparable/syngas fuel;
(D) an estimate of the average and maximum monthly and annual quantity of the waste claimed to be excluded: and
(E) name and mailing address of the Regional or State Directors to whom the claim was submitted.
(2) Burning. -- The comparable/syngas fuel exclusion for fuels meeting the requirements of paragraphs (a) or (b) and (c)(1) applies only if the fuel is burned in the following units that also shall be subject to Federal/State/local air emission requirements, including all applicable CAA MACT requirements:
(i) Industrial furnaces as defined in 260.10 of this chapter;
(ii) Boilers, as defined in 260.10 of this chapter, that are further defined as follows:
(A) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or
(B) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale:
(iii) Hazardous waste incinerators subject to regulation under Subpart O of parts 264 or 265 of this chapter or applicable CAA MACT standards.
(iv) Gas turbines used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale
(3) Blending to Meet the Viscosity Specification. -- A hazardous waste blended to meet the viscosity specification shall:
(i) As generated and prior to any blending, manipulation, or processing meet the constituent and heating value specifications of paragraphs (a)(1)(i) and (a)(2);
(ii) be blended at a facility that is subject to the applicable requirements of parts 264 and 265, or 262.34; and
(iii) not violate the dilution prohibition of 261.38(c)(6).
(4) Treatment to Meet the Comparable Fuel Exclusion Specifications.
(i) A hazardous waste may be treated to meet the exclusion specifications of (a)(1) and (2) provided the treatment:
(A) destroys or removes the constituent listed in the specification or raises the heating value by removing or destroying hazardous constituents or materials;
(B) is performed at a facility that is subject to the applicable requirements of parts 264 and 265, or 262.34; and
(C) does not violate the dilution prohibition of 261.38(c)(6).
(ii) Residuals resulting from the treatment of a hazardous waste listed in Subpart D of this part to generate a comparable fuel remain a hazardous waste.
(5) Generation of a Syngas Fuel.
(i) A syngas fuel can be generated from the processing of hazardous wastes to meet the exclusion specifications of 261.38(b) provided the processing:
(A) destroys or removes the constituent listed in the specification or raises the heating value by removing or destroying constituents or materials;
(B) is performed at a facility that is subject to the applicable requirements of parts 264 and 265, or 262.34 or is an exempt recycling unit pursuant to 261.6(c); and
(C) does not violate the dilution prohibition of 261.38(c)(6).
(ii) Residuals resulting from the treatment of a hazardous waste listed in Subpart D of this part to generate a syngas fuel remain a hazardous waste.
(6) Dilution Prohibition for Comparable and Syngas Fuels. -- No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a hazardous waste to meet the exclusion specifications of (a)(1)(i), (a)(2) or (b) of this section.
(7) Waste Analysis Plans. The generator of a comparable/syngas fuel shall develop and follow a written waste analysis plan which describes the procedures for sampling and analysis of the hazardous waste to be excluded. The waste analysis plan shall be developed in accordance with the applicable sections of the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846). The plan shall be followed and retained at the facility excluding the waste.
(i) At a minimum, the plan must specify:
(A) the parameters for which each hazardous waste will be analyzed and the rationale for the selection of those parameters;
(B) the test methods which will be used to test for these parameters;
(C) the sampling method which will be used to obtain a representative sample of the waste to be analyzed;
(D) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and
(E) if process knowledge is used in the waste determination, any information prepared by the generator in making such determination.
(ii) The waste analysis plan shall also contain records of the following:
(A) the dates and times waste samples were obtained, and the dates the samples were analyzed;
(B) the names and qualifications of the person(s) who obtained the samples;
(C) a description of the temporal and spatial locations of the samples;
(D) the name and address of the laboratory facility at which analyses of the samples were performed;
(E) a description of the analytical methods used, including any clean-up and sample preparation methods;
(F) all quantitation limits achieved and all other quality control results for the analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory quality assurance data, and description of any deviations from analytical methods written in the plan or from any other activity written in the plan which occurred;
(G) all laboratory results demonstrating that the exclusion specifications have been met for the waste; and
(H) all laboratory documentation that support the analytical results, unless a contract between the claimant and the laboratory provides for the documentation to be maintained by the laboratory for the period specified in 261.38(c)(11) and also provides for the availability of the documentation to the claimant upon request.
(iii) Syngas fuel generators shall submit for approval, prior to performing sampling, analysis, or any management of a syngas fuel as an excluded waste, a waste analysis plan containing the elements of (i) above to the appropriate regulatory authority. The approval of waste analysis plans must be stated in writing and received by the facility prior to sampling and analysis to demonstrate the exclusion of a syngas. The approval of the waste analysis plan may contain such provisions and conditions as the regulatory authority deems appropriate.
(8) Comparable Fuel Sampling and Analysis.
(i) General. For each waste for which an exclusion is claimed, the generator of the hazardous waste must test for all the constituents on appendix VIII to this part, except those that the generator determines, based on testing or knowledge, should not be present in the waste. The generator is required to document the basis of each determination that a constituent should not be present. The generator may not determine that any of the following categories of constituents should not be present:
(A) a constituent that triggered the toxicity characteristic for the waste constituents that were the basis of the listing of the waste stream, or constituents for which there is a treatment standard for the waste code in 268.40:
(B) a constituent detected in previous analysis of the waste;
(C) constituents introduced into the process that generates the waste; or
(D) constituents that are byproducts or side reactions to the process that generates the waste.
Note: Any claim under this section must be valid and accurate for all hazardous constituents; a determination not to test for a hazardous constituent will not shield a generator from liability should that constituent later be found in the waste above the exclusion specifications.
(ii) For each waste for which the exclusion is claimed where the generator of the comparable/syngas fuel is not the original generator of the hazardous waste, the generator of the comparable/syngas fuel may not use process knowledge pursuant to (i) above and must test to determine that all of the constituent specifications of 261.38(a)(2) and 261.38(b) have been met.
(iii) The comparable/syngas fuel generator may use any reliable analytical method to demonstrate that no constituent of concern is present at concentrations above the specification levels. It is the responsibility of the generator to ensure that the sampling and analysis are unbiased, precise, and representative of the waste. For the waste to be eligible for exclusion, a generator must demonstrate that:
(A) each constituent of concern is not present in the waste above the specification level at the 95% upper confidence limit around the mean: and
(B) the analysis could have detected the presence of the constituent at or below the specification level at the 95% upper confidence limit around the mean.
(iv) Nothing in this paragraph preempts, overrides or otherwise negates the provision in 262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.
(v) In an enforcement action, the burden of proof to establish conformance with the exclusion specification shall be on the generator claiming the exclusion.
(vi) The generator must conduct sampling and analysis in accordance with their waste analysis plan developed under (7) above.
(vii) Syngas fuel and comparable fuel that has not been blended in order to meet the kinematic viscosity specifications shall be analyzed as generated.
(viii) If a comparable fuel is blended in order to meet the kinematic viscosity specifications, the generator shall:
(A) analyze the fuel as generated to ensure that it meets the constituent and heating value specifications; and
(B) after blending, analyze the fuel again to ensure that the blended fuel continues to meet all comparable/syngas fuel specifications.
(ix) Excluded comparable/syngas fuel must be re-tested, at a minimum, annually and must be retested after a process change that could change the chemical or physical properties of the waste.
(9) Speculative Accumulation. Any persons handling a comparable/syngas fuel are subject to the speculative accumulation test under 261.2(c)(4).
(10) Records. The generator must maintain records of the following information on-site:
(i) all information required to be submitted to the implementing authority as part of the notification of the claim:
(A) the owner/operator name, address, and RCRA facility ID number of the person claiming the exclusion;
(B) the applicable EPA Hazardous Waste Codes for each hazardous waste excluded as a fuel; and
(C) the certification signed by the person claiming the exclusion or his authorized representative.
(ii) a brief description of the process that generated the hazardous waste and process that generated the excluded fuel, if not the same;
(iii) an estimate of the average and maximum monthly and annual quantities of each waste claimed to be excluded;
(iv) documentation for any claim that a constituent is not present in the hazardous waste as required under 261.38(c)(8)(i);
(v) the results of all analyses and all detection limits achieved as required under 261.38(c)(8);
(vi) if the excluded waste was generated through treatment or blending, documentation as required under section 261.38(c)(3) or (4);
(vii) if the waste is to be shipped off-site, a certification from the burner as required under section 261.38(c)(12);
(viii) A waste analysis plan and the results of the sampling and analysis that includes the following:
(A) the dates and times waste samples were obtained, and the dates the samples were analyzed;
(B) the names and qualifications of the person(s) who obtained the samples;
(C) a description of the temporal and spatial locations of the samples;
(D) the name and address of the laboratory facility at which analyses of the samples were performed;
(E) a description of the analytical methods used, including any clean-up and sample preparation methods;
(F) all quantitation limits achieved and all other quality control results for the analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory quality assurance data, and description of any deviations from analytical methods written in the plan or from any other activity written in the plan which occurred;
(G) all laboratory analytical results demonstrating that the exclusion specifications have been met for the waste; and
(H) all laboratory documentation that support the analytical results, unless a contract between the claimant and the laboratory provides for the documentation to be maintained by the laboratory for the period specified in 261.38(c)(11) and also provides for the availability of the documentation to the claimant upon request; and
(ix) If the generator ships comparable/syngas fuel off-site for burning, the generator must retain for each shipment the following information on-site:
(A) the name and address of the facility receiving the comparable/syngas fuel for burning;
(B) the quantity of comparable/syngas fuel shipped and delivered;
(C) the date of shipment or delivery;
(D) a cross-reference to the record of comparable/syngas fuel analysis or other information used to make the determination that the comparable/syngas fuel meets the specifications as required under 261.38(c)(8); and
(E) a one-time certification by the burner as required under 261.38(c)(12).
(11) Records Retention. Records must be maintained for the period of three years. A generator must maintain a current waste analysis plan during that three year period.
(12) Burner certification. Prior to submitting a notification to the State and Regional Directors, a comparable/syngas fuel generator who intends to ship their fuel off-site for burning must obtain a one-time written, signed statement from the burner:
(i) certifying that the comparable/syngas fuel will only be burned in an industrial furnace or boiler, utility boiler, or hazardous waste incinerator, as required under paragraph (c)(2);
(ii) identifying the name and address of the units that will burn the comparable/syngas fuel; and
(iii) certifying that the state in which the burner is located is authorized to exclude wastes as comparable/syngas fuel under the provisions of 261.38.
(13) Ineligible Waste Codes. Wastes that are listed because of presence of dioxins or furans, as set out in Appendix VII of Part 261, are not eligible for this exclusion, and any fuel produced from or otherwise containing these wastes remains a hazardous waste subject to full Subtitle C regulation.
261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling.
Used, broken CRTs are not solid wastes if they meet the following conditions:
(a) Prior to processing: These materials are not solid wastes if they are destined for recycling and if they meet the following requirements:
(1) Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor, and walls, or
(ii) Placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials).
(2) Labeling. Each container in which the used, broken CRT is contained must be labeled or marked clearly with one of the following phrases: "Used Cathode Ray Tube(s)-contains leaded glass" or "Leaded glass from televisions or computers." It must also be labeled: "Do not mix with other glass materials."
(3) Transportation. The used, broken CRTs must be transported in a container meeting the requirements of paragraphs (a)(1)(ii) and (2) of this section.
(4) Speculative accumulation and use constituting disposal. The used, broken CRTs are subject to the limitations on speculative accumulation as defined in paragraph (c)(8) of this section. If they are used in a manner constituting disposal, they must comply with the applicable requirements of part 266, subpart C instead of the requirements of this section.
(5) Exports. In addition to the applicable conditions specified in paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs must comply with the following requirements:
(i) Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a twelve (12) month or lesser period. The notification must be in writing, signed by the exporter, and include the following information:
(A) Name, mailing address, telephone number and EPA ID number (if applicable) of the exporter of the CRTs.
(B) The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported.
(C) The estimated total quantity of CRTs specified in kilograms.
(D) All points of entry to and departure from each foreign country through which the CRTs will pass.
(E) A description of the means by which each shipment of the CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
(F) The name and address of the recycler and any alternate recycler.
(G) A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs.
(H) The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.
(ii) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."
(iii) Upon request by EPA, the exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
(iv) EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of paragraph (a)(5)(i) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraph (a)(5)(i) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.
(v) The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an Acknowledgment of Consent to Export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.
(vi) When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change, except for changes to the telephone number in paragraph (a)(5)(i)(A) of this section and decreases in the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to paragraphs (a)(5)(i)(D) and (a)(5)(i)(H) of this section) and the exporter of CRTs receives from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the receiving country's consent to the changes.
(vii) A copy of the Acknowledgment of Consent to Export CRTs must accompany the shipment of CRTs. The shipment must conform to the terms of the Acknowledgment.
(viii) If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs must renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with paragraph (a)(5)(vi) of this section and obtain another Acknowledgment of Consent to Export CRTs.
(ix) Exporters must keep copies of notifications and Acknowledgments of Consent to Export CRTs for a period of three years following receipt of the Acknowledgment.
(b) Requirements for used CRT processing: Used, broken CRTs undergoing CRT processing as defined in Sec. 260.10 of this chapter are not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing processing are subject to the requirement of paragraph (a)(4) of this section.
(2) Processing.
(i) All activities specified in paragraphs (2) and (3) of the definition of "CRT processing" in Sec. 260.10 of this chapter must be performed within a building with a roof, floor, and walls; and
(ii) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.
(c) Processed CRT glass sent to CRT glass making or lead smelting: Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).
(d) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of 40 CFR part 266, subpart C instead of the requirements of this section.
261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling.
Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of Sec. 261.39(a)(5), and if they are not speculatively accumulated as defined in Sec. 261.1(c)(8).
261.41 Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse.
(a) Persons who export used, intact CRTs for reuse must send a one-time notification to the Regional Administrator. The notification must include a statement that the notifier plans to export used, intact CRTs for reuse, the notifier's name, address, and EPA ID number (if applicable) and the name and phone number of a contact person.
(b) Persons who export used, intact CRTs for reuse must keep copies of normal business records, such as contracts, demonstrati
