Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
South Carolina generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
in South Carolina?
A permit application for a facility consists of two parts, Part A and Part B. Part A consists of the RCRA Part A Permit Application (EPA Form 8700-23 or latest version). There is no form for Part B of the application; rather, Part B must be submitted in narrative form and contain the information set forth in the applicable Sections 270-14-270-29 of the SC Hazardous Waste Management Regulation R.61-79, and conform to requirements of facility location standards as set forth in Regulation 61-104. After a Part B permit application has been determined to be complete, the Department will issue a tentative permit decision. The permit application will be subject to a 45-day public notice review period and, if requested, a public hearing before a final decision is made concerning the permit. Permits may be issued for a period not to exceed ten years (the permit may be issued for a duration less than the full allowable term). There is an annual fee of $600 for hazardous waste management facilities.
2. How do I determine my generator status?
South Carolina generally follows the federal rules for defining generator status. SQG's must annually declare its status to the state as an SQG. For each hazardous waste generated, LQGs and SQG's must file a notification form with DHEC within 30 days after each waste is first produced, or within 90 days after the state adds a waste to the state's definition of hazardous wastes.Generators must file revised notification forms if current information becomes inaccurate or obsolete. If hazardous waste is no longer generated, the state must be notified.If a generator burns (distributes, markets or produces) for energy recovery (hazardous wastes, used oil or used oil and any other material) they must provide a separate notification to the state. If a generator does not have an EPA ID number, when they submit the notification form to DHEC, they will be assigned one.
3. How can I tell if the waste materials I handle are considered
South Carolina follows the federal rules for defining hazardous wastes.The state has added three additional wastes including non-hazardous waste received by a hazardous waste facility; solid wastes determined by the state to constitute a hazard; and any waste determined hazardous by the handler of the waste.
4. How long can I store hazardous wastes on site?
South Carolina generally follows the federal rules for storing hazardous wastes.Generators that accumulate hazardous waste on-site must label clearly all storage containers with "HAZARDOUS WASTEFederal Laws Prohibit Improper Disposal," and the proper EPA hazardous waste number. If transporting containers off-site, generators must also provide additional information on the containers. Generators must also provide additional information on containers prior to transporting the containers off-site. Generators are allowed to store hazardous waste on-site without a storage facility permit if they follow the federal rules and the state's rules for tank and container management; marking requirements; satellite accumulation; and if an LQG, a secondary containment requirement.Approval must be obtained from the state to stack containers more than two containers high.LQGs are required to record inspections in an inspection log or summary and keep on file for three years. The records must include the name of the inspector; date and time of the inspection; observations made; and the date and type of repairs or remedial actions.
5. Who can transport and receive the wastes I ship off site?
South Carolina follows the federal rules for shipping hazardous wastes to a TSDF.The state has additional rules for storage, permits and insurance.
6. What records do I have to keep?
7. Do I have to file reports?
South Carolina follows the federal rules for reporting. LQGs must submit quarterly reports if they ship hazardous waste off-site to a TSDF.
8. What training requirements do I have to meet?
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For South Carolina these differences include:
Organotins: K900; K900 Tributyltin, Tributyltin Oxide, Tributyltin Chloride, Tributyltin Hydroxide, Tributyltin Bromide, Tributyltin Acetate, Tributyltin Fluoride, Triethyltin, Triethyltin Chloride; 5555 - any solid waste the Department determines constitutes a hazard and requires greater control; and 7777 Non-hazardous waste received by a hazardous waste facility
South Carolina does not require copies of the completed manifest to be sent to the South Carolina Department of Health and Environmental Control. The state gathers manifest information by way of its Computerized Quarterly Report System.
Other Notes, Comments::
Current SC regulation requirements regarding the "Required Information" on manifests that are different from 40 CFR: 1. The total quantity of each hazardous waste by units of weight and
" SC regulations require generators to put units of weight on the manifest (not volume). 40 CFR allows both. Reasons for this are the same as for 262.21 (a) (9) (i). 2. "Items 19 (now Item 18a) and 35: Discrepancy Indication Space The treatment, storage, or disposal facility must enter the actual weight in pounds in this space if the amount varies any from that specified by the generator in Item 13 or it the generator uses a unit of measure other than pounds." 40 CFR doesn't require this. South Carolina requires this for the purpose of the Contingency Fund. This also is used as a cross check against what the company has entered on their quarterly reports.
10. What are some other differences between federal and state
South Carolina generally follows the federal rules for training.Hazardous waste transporters must ensure that employees have completed a training program that is acceptable to DHEC.