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COMMITTEE REPORT
May 18, 2006
H. 4856
Introduced by Agriculture, Natural Resources and Environmental Affairs Committee
S. Printed 5/18/06--S.
Read the first time March 28, 2006.
To whom was referred a Joint Resolution (H. 4856) to approve regulations of the Department of Health and Environmental Control, relating to hazardous waste management regulations, designated as Regulation Document Number 3003, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
HARVEY S. PEELER, JR. for Committee.
TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The regulations of the Department of Health and Environmental Control, relating to Hazardous Waste Management Regulations, designated as Regulation Document Number 3003, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
The department has amended Regulation 61-79 to adopt federal amendments through October 25, 2004. Adoption of federal amendments will ensure federal compliance. The department is also incorporating the S.C. Environmental Excellence Program.
(1) The United States Environmental Protection Agency (USEPA) promulgates amendments to 40 CFR 124, 260 through 266, 268, 270, and 273 throughout each calendar year. Recent federal amendments affect an exclusion at 261 Appendix IX of six wastewater treatment plant sludges at six automobile assembly plants in Michigan, national emission standards for air pollutants for certain vehicle surface coating operations, and other NESHAP-related amendments. Clarification will be made at 261.5(j) to reflect federal clarifying amendments addressing recycled used oil. These rules were published in the Federal Register between July 1, 2003, and October 25, 2004, at 68 FR 44659, 69 FR 21737, 69 FR 22601, and 69 FR 62217.
(2) This amendment adopts the National Environmental Performance Track Rule with an addition to 262.34 "Accumulation Time" and new language at (j) and (k) and (l) to provide for flexibility regarding storage time in certain cases. Amendments to the Performance Track Rule will require participation in the South Carolina Environmental Excellence Program. The South Carolina Environmental Excellence Program is defined by Act 318 of 2002, which added S.C. Code Ann. Section 48-56-20(11).
In addition, the department is removing the text in 266 Subpart E, replacing the text with only a reference to R.61-107.279, and replacing all cross references to 266 Subpart E with references to R.61-107.279, reflecting federal language in 40 CFR 266. The department is also removing related used oil standards.
The department amends R.61-79 to maintain conformity with federal requirements, ensure compliance with federal standards, and incorporate the South Carolina Environmental Excellence Program. A fiscal impact statement and legislative review of this amendment will be required in order to include the South Carolina Environmental Excellence Program in R.61-79. Certain industries in the State will be able to store wastes for longer periods of time. Because this amendment requires membership in the South Carolina Environmental Excellence Program, it is broader in scope than the federal regulation and thus requires legislative review.
A Notice of Proposed Regulation providing opportunity for public comment was published in the State Register as Document No. 3003 on October 28, 2005. Notice was also provided on the department's Land and Waste Management Internet site, as well as in the DHEC Regulation Development Update on the department's main Regulatory Information Internet site. DHEC also completed mailings to approximately 200 interested companies and citizens. Staff also conducted an informational forum on November 30, 2005. No comments were received during the public comment period, and the department's board approved the proposed regulations on January 12, 2006.
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