128 Neb. Admin. Code, ch. 20, § 001

Current through June 17, 2024

Section 128-20-001 - Purpose, scope and applicability

001.01 This Chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.

001.02 Except as specifically provided otherwise in this Chapter or Chapters 2 and 3, the requirements of this Chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.

001.03 Restricted wastes may continue to be land disposed as follows:

001.03A Where persons have been granted an extension to the effective date of a prohibition by EPA, with respect to those wastes covered by the extension;

001.03B Where persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR 268.6 by EPA, with respect to those wastes and units covered by the petition;

001.03C Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Chapter, or 40 CFR Part 148, are not prohibited if the wastes:

001.03C1 Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 144.6(a); and

001.03C2 Do not exhibit any prohibited characteristic of hazardous waste identified in Chapter 3, 005 through 010 at the point of injection.

001.03D Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Chapter, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in Section 009, or are D003 reactive cyanide:

001.03D1 The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act ( 33 U.S.C. § 1342 ); or

001.03D2 The wastes are treated for purposes of the pretreatment requirements of Section 307 of the Clean Water Act ( 33 U.S.C. § 1317 ); or

001.03D3 The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in 40 CFR 268.37(a), as incorporated by reference in Section 008; and

001.03D4 The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).

001.04 The requirements of this Chapter shall not affect the availability of a waiver under Section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) ( 42 U.S.C. § 9621 ) .

001.05 The following hazardous wastes are not subject to any provision of this Chapter:

001.05A Waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in Chapter 8;

001.05B Waste pesticides that a farmer disposes of pursuant to Chapter 10, 007;

001.05C Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards;

001.05D De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.

001.06 Universal waste handlers and universal waste transporters (as defined in Chapter 25) are exempt from Section 005 and 014 for the hazardous wastes listed below. These handlers are subject to regulation under Chapter 25.

001.06A Batteries as described in Chapter 25, 002;

001.06B Pesticides as described in Chapter 25, 003;

001.06C Mercury-containing items as described in Chapter 25, 004; and

001.06D Lamps as described in Chapter 25, 005.

001.06E Electronic items as described in Chapter 25, 006.

128 Neb. Admin. Code, ch. 20, § 001