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 planned revisions to the S.C. Hazardous Waste Management Regulations, R.61-79.
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 Proposed Regulation was published in the S.C. State Register on August 27, 2021 for a 30-day public comment period, ending on September 27, 2021.
The DHEC Board approved the Notice of Final Regulation at its November 10, 2021 meeting. The Ignitability rule will be submitted to the Legislature in January 2022 for 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 firstname.lastname@example.org.