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Hazardous Waste Management Regulations Update Status

The U.S. Environmental Protection Agency (EPA) publishes in the Federal Register periodic updates to the Federal Hazardous Waste regulations (40 CFR 260 - 273). After publication in the Federal Register, DHEC will review the regulation and determine a schedule for adoption. The administrative process for adopting regulations is described here.

DHEC is currently working toward adopting the Definition of Solid Waste Rule and the Generator Improvements Rule. The status of each of these regulations is described below.

Definition of Solid Waste Rule

EPA published the Definition of Solid Waste (DSW) Rule in the Federal Register on January 13, 2015 (FR80, p. 1694). The Rule includes requirements that are mandatory for DHEC to adopt because they are more stringent than current rules. It also includes requirements that are considered less stringent than current rules, and are therefore optional for DHEC to adopt.

The mandatory portions of the DSW Rule became effective in S.C. upon publication in the State Register on May 27, 2016. The mandatory portions include changes affecting all non-waste determinations and variances, legitimacy-related provisions, including those for prohibition of sham recycling, definition of legitimacy, and definition of contained, and finally for speculative accumulation.

DHEC anticipates adopting the remaining (optional) portions of the DSW Rule beginning later in 2017. It is anticipated that the rule will be effective by approximately June 2018. The optional portions of the DSW Rule include the exclusions and non-waste determinations and the remanufacturing exclusion.

Hazardous Waste Generator Improvements Rule

The EPA published the Hazardous Waste Generator Improvements Rule in the Federal Register on November 28, 2016 (see FR81, p. 85732). DHEC plans to adopt this rule in its entirety.

Because some portions of the Hazardous Waste Generator Improvements Rule are considered less stringent than current regulations and some are considered more stringent, the administrative steps for adoption are slightly different, as explained above.

DHEC anticipates adopting the Generator Improvements Rule by June 2019.

The EPA maintains a web site which includes information on these and other rules that DHEC uses during the adoption process. The EPA web site includes checklists for use by States when adopting rules, copies of Federal Register notices, etc.

For additional information on adoption of hazardous waste regulations, please email DHEC at hwregs@dhec.sc.gov.