The Environmental Protection Agency (EPA) publishes in the Federal Register periodic updates to the Federal Hazardous Waste regulations (40 CFR 260 - 273). If the updated regulations are considered by the EPA to be more stringent than existing regulations, DHEC is required to adopt them. If the EPA determines the updated regulations are less stringent than existing regulations, DHEC is not required to adopt them, but generally does to remain consistent with federal regulations.
The administrative process DHEC uses when adopting regulations is described here.
Below is a summary of recent and planned revisions to the S.C. Hazardous Waste Management Regulations, R.61-79.
Safe Management of Recalled Airbags
The EPA published an Interim Final Rule on Safe Management of Recalled Airbags (Airbags Rule) in the Federal Register on November 30, 2018 (83 FR 231). This rule responds to an urgent public need to safely manage recalled Takata airbags. More information can be found on this rule on the EPA’s website at https://www.epa.gov/hw/interim-final-rule-safe-management-recalled-airbags.
If approved by the Legislature, the rule will become effective when it is published in the S.C. State Register in either May or June 2021.
Universal Waste Regulations: Addition of Aerosol Cans
The EPA published the Universal Waste Regulations: Addition of Aerosol Cans Rule (Aerosol Cans Rule) in the Federal Register on December 9, 2019 (84 FR 236). This rule adds hazardous waste aerosol cans to universal waste under Part 273 of the hazardous waste management regulations. The addition of hazardous waste aerosol cans to universal waste under RCRA will allow management of used hazardous waste aerosol cans in an environmentally protective manner. It also promotes the collection and recycling of aerosol cans, thus reducing the quantity of cans disposed in landfills.
More information on the Aerosol Cans rule may be found at https://www.epa.gov/hw/increasing-recycling-adding-aerosol-cans-universal-waste-regulations.
If approved by the Legislative, the rule will become effective when it is published in the S.C. State Register in either May or June 2021.
Modernizing Ignitable Liquids Determinations
The EPA published the final rule “Modernizing Ignitable Liquid Determinations” in the Federal Register on July 7, 2020 (see 85 FR 40594 – 40608). The rule updates the flash point test methods used to determine if a liquid waste is hazardous. It revises the hazardous waste regulations to allow the use of non-mercury thermometers in several approved analytical methods that currently require mercury thermometers, provides greater clarity to determinations of hazardous waste, provides more flexibility in testing requirements, improves environmental compliance, and, thereby, enhances protection of human and environmental health.
More information on the Ignitability rule may be found at Final Rule: Modernizing Ignitable Liquids Determinations | Hazardous Waste Test Methods / SW-846 | US EPA.
The Notice of Drafting was published in the S.C. State Register on April 23, 2021. This rule requires Legislative review.
For More Information
EPA maintains a web site which includes information on these and other rules that DHEC uses during the adoption process and can be found at this link. 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 in South Carolina, please email us at email@example.com.