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CONSOLIDATED CHECKLIST C8

Land Disposal Restrictions

40 CFR Part 268 as of December 31, 2002

Note: This Consolidated Checklist corresponds to the 40 CFR Part 268, published on July 1, 2002, and 

as amended by the following final rules: 67 FR 48393, July 24, 2002 (Revision Checklist 200); and 67 

FR 62618, October 7, 2002 (Revision Checklist 201)

Notes:

1) The following Part 268 sections are not delegable to States because of the national concerns which must be 

examined when decisions are made relative to them: 268.5 (case-by-case effective date extensions) and 268.42(b) 

(application for alternate treatment method). "No migration" petitions under 268.6 will be handled by EPA, even 

though States may be authorized to grant such petitions in the future. States have the authority to grant such 

petitions under RCRA Section 3006 because such decisions do not require a national perspective, as is the case 

for decisions under 268.5 or 268.42(b). However, EPA has had few opportunities to implement the land disposal 

restrictions and expects to gain valuable experience and information from reviewing "no-migration" petitions. 

Section 268.44 was considered non-delegable (see 52 FR 25783, July 8, 1987) until just recently. In the HWIRmedia proposed rule, EPA announced that States can seek authorization for both the site-specific treatment 

variances at 268.44 and the HWIR-media specific treatment variance procedures at Part 269 proposed in that rule. 

Because there has been some confusion over how to handle the delegability issue in State regulations, some States 

may have already been inadvertently authorized for 268.44. EPA is requesting that a State note in its HWIRmedia program revision application, other authorization applications, or in official correspondence whether it 

believes it has been authorized for site-specific treatment variances. EPA will evaluate that aspect of a State's 

submittal to confirm the State's authorization. For further information see 61 FR 18828 (April 29, 1996).

2) In the past, the nondelegable sections/paragraphs of the LDR regulations have been omitted from the LDR 

checklists because States could not assume the authority for them. However, this procedure has led to confusion 

among the States on how to handle these sections/paragraphs in their code. For this reason, the Agency has 

decided to include these nondelegable sections on the LDR checklists. To differentiate these sections from the 

delegable portions of the LDR restrictions, asterisks precede (a single row) and follow (a double row) each 

nondelegable section. If States have already filled out a version of this consolidated checklist which does not 

include the nondelegable sections, they need not fill out a revised version containing these sections. This change 

in format was made only to improve clarity.

The Agency suggests that a State incorporate the nondelegable portions of the LDR regulations into its 

regulations because this incorporation aids the regulated community in knowing that the extensions, exemptions 

and variances addressed by the nondelegable sections of code are available to them. It is essential, however, that 

States leave the terms "Administrator", "Federal Register" and "Agency" unchanged; i.e., States may not

substitute analogous State terms for these Federal terms. Similarly, States incorporating by reference must be 

careful to exclude these sections from blanket substitutions of State terms for Federal terms. For a more complete 

discussion of issues surrounding nondelegable sections, see Appendix J of the State Authorization Manual 

(SAM).

3) Note that while 268.40 is delegable to States, "Administrator" in the following phrase "approved by the 

Administrator under the procedures set forth in 268.42(b)" should not be replaced in 268.40(b) with an analogous 

State term because it is referring to decisions under 268.42(b). Such decisions will be made by the EPA 

Administrator.
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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4) States do not need to adopt requirements equivalent to 40 CFR 268.10, 268.11, 268.12 and 268.13 because these sections 

of code contain the schedule by which EPA must evaluate wastes for land disposal restrictions. As such, these sections of 

code are not included in this consolidated checklist. States do need to adopt, however, requirements equivalent to 268.14. 

Such requirements address the length of time interim status impoundments can be used to receive or generate newly 

identified or listed hazardous wastes and resolve the potential conflicts between RCRA ''3004(h)(4), 3005(j)(6) and 

3004(j)(11) [see the discussion in the Federal Register for Revision Checklist 109, pp. 37218-37221].

5) Adopting the alternate treatment standards for lab packs is optional. However, if a State chooses to adopt these alternate 

standards, all of the requirements related to these standards must be adopted, including all of the provisions added by the 

Third Third Scheduled Waste Rule (i.e., Revision Checklist 78) at 264.316(f), 265.316(f), 268.7(a)(8), 268.7(a)(9), 268.42(c), 

268.42(c)(1)-(4), and Appendices IV and V to Part 268.

6) On April 9, 1999, the United States Court of Appeals for the District of Columbia in Great Lakes Chemical Corporation 

versus EPA (Docket No. 98-1312) granted the U.S. Government=s motion for a voluntary vacatur of the rules addressed by 

Revision Checklist 165. Because of this vacatur, EPA has withdrawn this revision checklist. Note that the final rule 

published August 10, 1998 (63 FR 42580), is also vacated as it only clarified that the typographical errors made in the May 4, 

1998 (63 FR 24596) rule were corrected by the June 29, 1998 rule (63 FR 35147).

FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

SUBPART A - GENERAL

1 PURPOSE, SCOPE AND APPLICABILITY

purpose 34 268.1(a) 20-001.01 X

applicability 34 268.1(b) 20-001.02 X

conditions for continued 

land disposal:

34,39,48,

50,66,78,

137, 151

268.1(c) 20-001.03 X

preserve waiver 

availability under 

121(d)(4) of CERCLA

50 268.1(d) 20-001.04 X

2 wastes that are not 

subject to any provisions 

of Part 268

66,124, 

137,151, 

157

268.1(e) 20-001.05 X

3,4 universal waste handlers 

and transporters are 

exempt from 268.7 and 

268.50 for the listed 

hazardous wastes; these 

handlers are subject to 

Part 273 instead

142 A –

D, H181 268.1(f) 20-001.06 X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

N/A N/A 20-001.06E X

Interpretive Comment: Nebraska is broader in scope because it exempts Universal Waste defined as 

electronic items as described in Chapter 25, 006 which is not a part of the Federal regulations.

DEFINITIONS APPLICABLE IN THIS PART

Definitions

34,39,78, 

83,109, 

121, 124, 

137, 151, 

167A-B, 

H175,179

268.2 20-002 X

DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT

5,5 except as provided in 

268.3(b), dilution not 

substitute for treatment; 

restriction regarding 

circumvention of 

effective dates and 

avoidance of prohibition 

of Subpart C or RCRA 

3004

34,39,78,

102,151, 

167A

268.3(a) – (d) 20-003.01 X

TREATMENT SURFACE IMPOUNDMENT EXEMPTION

Treatment surface 

impoundment exemption

34, 39, 

50, 157, 

167C

268.4 20-004 IBR

PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE

Procedures for case-bycase extensions to an 

effective date

34, 39, 

50, 66, 

109

268.5 (all) NOT 

DELEGABLE

PETITIONS TO ALLOW LAND DISPOSAL OF A WASTE PROHIBITED UNDER SUBPART C OF 

PART 268

Petitions to allow land 

disposal of a waste 

prohibited under subpart 

C of Part 268

34, 50, 66 268.6 (all) NOT 

DELEGABLE

WASTE ANALYSIS AND RECORDKEEPING
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

6 requirements for 

generators

157 268.7(a) intro 20-005.01 X

16 generator of hazardous 

waste must determine if 

it has to be treated before 

it can be land disposed 

and some soils are 

contaminated by such 

hazardous waste; this is 

done by determining if 

the waste meets 

treatment standards in 

268.40, 268.45, or 

268.49; determination 

can be made in two 

ways: test the waste; or 

use knowledge of the 

waste; for testing, 

method 1311 is used and 

land treatment methods 

of 268.40 and 268.42 

may apply; if 

characteristic waste, 

generators must comply 

with 268.9

34,39,50,

83,124,12

6,137,

151,157,

H167B

268.7(a)(1) 20-005.01A X

Interpretive comment: Nebraska omits the parenthetical provisions of §268.7(a) and (b) beginning with 

"Alternatively" which allow a generator of hazardous waste to send the waste to a RCRA-permitted hazardous 

waste treatment facility without determining whether the hazardous waste has to be treated before it can be 

land disposed. Under this allowance in §268.7(a) and (b), the determination requirement lies with the 

treatment facility, not the generator. Nebraska is more stringent by removing this allowance which deviates 

from the core RCRA requirement in § 262.11 that generators of solid waste are responsible for determining 

whether that waste is a hazardous waste. For regulatory and enforcement consistency, Nebraska chose to keep 

the responsibility for determining if the hazardous waste meets LDR treatment standards with generators and 

does not allow this responsibility to be shifted to treatment facilities.
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

if waste or contaminated 

soil does not meet 

treatment standard, onetime notice with initial 

shipment of waste to 

each treatment or storage 

facility receiving waste; 

the generator must place 

a copy in the file; notice 

must include information 

in 268.7(a)(2) column of 

268.7(a)(4) table; no 

further notice is 

necessary unless waste or 

facility change

34,39,50,

109,137,1

57,

H167B

268.7(a)(2) 20-005.01B X

Interpretive comment: Nebraska omits the parenthetical provisions of §268.7(a) and (b) beginning with 

"Alternatively" which allow a generator of hazardous waste to send the waste to a RCRA-permitted hazardous 

waste treatment facility without determining whether the hazardous waste has to be treated before it can be 

land disposed. Under this allowance in §268.7(a) and (b), the determination requirement lies with the 

treatment facility, not the generator. Nebraska is more stringent by removing this allowance which deviates 

from the core RCRA requirement in § 262.11 that generators of solid waste are responsible for determining 

whether that waste is a hazardous waste. For regulatory and enforcement consistency, Nebraska chose to keep 

the responsibility for determining if the hazardous waste meets LDR treatment standards with generators and 

does not allow this responsibility to be shifted to treatment facilities.

7 for contaminated soil 

certification statement 

should be included, 

signed by an authorized 

representative; 

certification statement 

H167B 268.7(a)(2) 20-005.01B1 X

Certification statement N/A 20-005.01B1 X

Interpretive comment: Nebraska adds specific language for the certification statement. The federal 

regulations do not specify required language, therefore the state is more stringent.

if waste or contaminated 

soil meets treatment 

standard at original point 

of generation

34,50,66,

78,83, 

109,137,

151, 157, 

H167B, 

179,183

268.7(a)(3) 20-005.01C X

8,9 certain exemptions from 

the requirement that 

157,

H167B, 268.7(a)(4) 20-005.01D X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

hazardous wastes or 

contaminated soil meet 

treatment standards 

before land disposed 

include but are not 

limited to case-by-case 

extensions under 268.5, 

disposal in a nomigration unit under 

268.6 or national 

capacity variance or case 

by case capacity variance 

under subpart C; with 

initial shipment, 

generator must send onetime written notice to 

each land disposal 

facility for exempted 

waste or soil; notice must 

include information in 

268.7(a)(4) column of 

268.7(a)(4) table; 

changed waste requires 

further notice; table 

179

21 for prohibited waste or 

contaminated soil 

managed in tanks, 

containers, or 

containment buildings 

under 262.34 and treated 

to meet 268.40 standards, 

waste analysis plan to be 

developed, followed and 

kept on-site; generators 

treating hazardous debris 

under 268.45, Table 1 

alternative LDR 

treatment standards not 

subject to analysis 

requirements

50,66,78,

109,137, 

157, 

H167B

268.7(a)(5) 20-005.01E X

21 maintenance of data 

supporting knowledge of 

waste or contaminated 

soil; retention of waste 

34,50, 

137,157, 

H167B

268.7(a)(6) 20-005.01F X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

analysis data on-site in 

files

10 conditions under which a 

generator, managing a 

restricted waste excluded

from the definition of 

hazardous or solid waste, 

must place a one-time 

notice, in the facility's 

file, containing specified 

information

83,137, 

157,167C 268.7(a)(7) 20-005.01G X

24 three-year retention 

period for notices, 

certifications, 

demonstrations, etc., 

produced relative to 

268.7; extensions during 

unresolved enforcement 

actions; requirements 

apply to solid wastes 

even when hazard 

characteristic is removed 

prior to disposal or when 

waste excluded from 

definition of hazardous 

or solid waste in 261.2 

through 261.6 or 

exempted from RCRA 

Subtitle C regulation 

subsequent to the point 

of generation

50,83, 

137,157 268.7(a)(8) 20-005.01H X

H, 

24,11

if generator is managing 

lab packs containing 

hazardous waste and 

wishes to use alternative 

treatment method in 

268.42(c):

78,83, 

137,157 268.7(a)(9)

20-005.01I, 20-

005.01I1-

005.01I4

X

24,12 notification and 

certification requirements 

for small quantity 

generators with tolling 

agreements pursuant to 

40 CFR 262.20(e)

78,83,137 268.7(a)(10) 20-005.01J X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

treatment facility testing 

at frequency specified in 

waste analysis plan

34,39,50, 

78, 83, 

109, 124, 

137, 151, 

157, 

H167B, 

167C, 179

268.7(b) 20-005.02 IBR

13 requirements for land 

disposal facility except 

where the owner or 

operator is disposing 

recyclable wastes 

pursuant to 266.20(b):

34,39,50,

60, 66, 

78, 157

268.7(c) 20-005.03 IBR

notification and 

certification requirements 

for generators or treaters 

who first claim that 

hazardous debris is 

excluded from the 

definition of hazardous 

waste under 261.3(e)

109,137, 

H167B 268.7(d) 20-005.04 X

14 removed and reserved 50,66,78,

151 268.8 X

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC

78,83,

109,124,

137,151, 

157,179

268.9 (all) 20-006 (all) X

SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF 

TREATMENT STANDARDS

SURFACE IMPOUNDMENT EXEMPTIONS

109 268.14 (all) 20-007 IBR

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

34, 39, 

50, 66, 

78, 83,

103, 106, 

116, 123, 

268.30 – 268.39 20-008.01 IBR
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

124, 137, 

151, 

155,157, 

H159, 

160, 

167A, 

169, 172, 

173, 

H185, 

189,

H190, 

195

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS

34,H39,

50,78,83,

109, 124,

126,137,

151, 161, 

167A, 

167C, 

170, 171 , 

179,183, 

200

268.40 (all) 20-009 X

table "Treatment 

Standards for Hazardous 

Waste"

137,151,1

57,H159,

165, 

167A, 

167C,169,

171,173,

179,183, 

H185, 

189, 195, 

H201

268.40/Table 20-Table 9 X X

Interpretive Comment: In Title 128, Chapter 20, Table – TREATMENT STANDARDS FOR 

HAZARDOUS WASTE – the state includes the chemical '1,3-Phenylenediamine' under the F039 listing. As 

the chemical is not listed in the 2003 CFR, the 2005 CFR, or the 2014 CFR, the State is more stringent by 

including this chemical.

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT

note referring to 268.40 

for regulations 

previously found at 

34,50,63,

78,102,

109,126,

268.41

(NOTE: these 

treatment 

N/A
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

268.41 and in Table 

CCWE

137 standards are 

now at §268.40) 

Interpretive comment: Nebraska chose not to publish the note in 268.41 because all of the information 

formerly contained in 268.41/Table CCWE is now contained in Title 128, Chapter 20, Section 009 and Table 

9. The state has determined that omitting the note improves clarity for the regulated community.

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES

note referring to 268.40 

for the requirements 

previously found in 

268.42, tables 2 and 3

137 268.42 note N/A

Interpretive comment: Nebraska chose not to publish the note in 268.42 because all of the information

formerly contained in 268.42/Tables 2 and 3 is now contained in Title 128, Chapter 20, Section 009/Table 9 

and Section 010/Table 10. The state has determined that omitting the note improves clarity for the regulated 

community.

treatment of wastes 

identified in the table in 

268.40, must use 

technology(s) specified 

in the table entitled 

ATechnology Codes and 

Description of 

Technology-Based 

Standards@ in 268.42

34,78,

137,167C 268.42(a) 20-010.01 X

Technology Codes and 

Description of 

Technology-Based 

Standards

78,83,

137,151, 

157

268.42(a)/Table

1

20-010.01, 

Table 10 X

submit application to 

Administrator 

demonstrating alternate 

treatment can achieve 

268.42(a), (c), & (d) 

performance 

specifications for wastes 

or 268.45 Table 1 

specifications for 

hazardous debris; 

information 

demonstrating 

compliance with Federal, 

State and local 

requirements; criteria for 

34,39,78,

109 268.42(b) NOT DELEGABLE
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

approval by 

Administrator; approval 

in writing containing 

provisions and conditions 

as the Administrator 

deems appropriate; 

compliance by person to 

whom approval is issued 

Alternate Treatment 

Standards for Lab Packs 78, 137 268.42(c)(all) 20-010.02(all) X

Radioactive mixed 

wastes 

78,109,13

7

268.42(d) 20-010.03 X

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS

15 for requirements 

previously found in this 

section and for treatment 

standards in Table CCW, 

refer to 268.40

34,50,63,

78,137

268.43

(NOTE: these 

treatment 

standards are 

now at §268.40) 

N/A

Interpretive comment: Nebraska chose not to publish the note in 268.43 because all of the information 

formerly contained in 268.43/ Table CCW is now contained in Title 128, Chapter 20, Section 009/Table 9. 

The state has determined that omitting the note improves clarity for the regulated community.

VARIANCE FROM A TREATMENT STANDARD

Generic Treatability 

Standards

34,151, 

162 268.44(a)-(g)

Non-Delegable

Site-specific treatability 

variances

50,66,

162, 167B 268.44(h)(all) 5-006 (all) X

TREATMENT STANDARDS FOR HAZARDOUS DEBRIS

109, 137, 

167C 268.45 (all) 20-011.01- .04 X

alternative treatment 

standards for hazardous 

debris

109 268.45/Table 1 20-Table 11 X

ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR

refer to 268.40 for 

treatment standards 

previously found in this 

section

109,137 268.46 20-Table 9 X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Interpretive comment: Nebraska chose not to publish the note in 268.46 because all of the information 

formerly contained in 268.46 is now contained in Title 128, Chapter 20, Section 009/Table 9. The state has 

determined that omitting the note improves clarity for the regulated community.

UNIVERSAL TREATMENT STANDARDS

Table UTS identifies the 

hazardous constituents 

along with the 

nonwastewater and 

wastewater treatment 

standard levels used to 

regulate most prohibited 

hazardous wastes with 

numerical limits; 

standards cannot be 

exceeded for determining 

compliance with 

treatment standards for 

underlying hazardous 

constituents as defined in 

268.2(i); compliance 

measured by analysis of 

grab samples unless 

noted in table

137 268.48(a) 20-012.01 X

16,17,

18

Table UTS - Universal 

Treatment Standards

137,151, 

161,165, 

167A, 

167C,171,

179, 

H185, 

189,H190

268.48(a)/Table 

UTS 20-Table 12 X

ALTERNATIVE LDR TREATMENT STANDARDS FOR CONTAMINATED SOIL

167B, 

H183 268.49(all) 20-013(all) X

SUBPART E - PROHIBITIONS ON STORAGE

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES

34,39, 50, 

66, 109, 

175

268.50(all) 20-014(all) X
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

APPENDIX III TO PART 268

List of Halogenated 

Organic Compounds 

Regulated Under '

268.32"

39,157,

190 Appendix III 20-015 IBR

APPENDIX IV TO PART 268

WASTES EXCLUDED FROM LAB PACKS UNDER THE ALTERNATIVE TREATMENT STANDARDS 

OF ' 268.42(c)

list of EPA hazardous

waste codes for 

hazardous wastes that 

may not be placed in lab 

packs under the 

alternative lab pack 

treatment standards at 

268.42(c)

78,83,

137 Appendix IV 20-016 IBR

APPENDIX VI TO PART 268

RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN 

SECTION 268.42

treatment standard for 

many characteristic 

wastes is stated in 

268.40; characteristic 

wastes that are not 

managed in a facility 

must be treated not only 

by “deactivation” but 

also to achieve UTS for 

underlying constituents; 

use of specified 

technologies not 

mandatory

78,157 Appendix VI 20-017 IBR

APPENDIX VII TO PART 268

EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED IN THE LDRs

19 comprehensive list of 

wastes and effective 

dates 

78,83, 

157,167C, 

187, 

192 B

Appendix VII, 

Table 1 20-018 IBR
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST

REFERENCE

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

APPENDIX VIII TO PART 268

20 NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES

comprehensive list of 

national capacity LDR 

variances for UIC wastes

78,83, 

157,167C Appendix VIII 20-019 IBR

APPENDIX IX TO PART 268

EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY TEST 

(METHOD 1310)

21 note regarding EP 

(Method 1310) is 

published in "Test 

Methods for Evaluating 

Solid Waste, 

Physical/Chemical 

Methods" as incorporated 

by reference in 260.11

83,126 Appendix IX 20-020 IBR

APPENDIX XI TO PART 268

METAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT 

ACCORDING TO 40 CFR 268.3(c)

table listing wastes 

prohibited from dilution 

in a combustion unit

151 Appendix XI 20-021 IBR
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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1

There is a typographical error in the title of this section as printed in 58 FR 29860 (May 24, 1993; Revision Checklist 

124); "scope/and" should be "scope and." States should retain the correct title as it appears in the CFR.

2

Although 268.1(e) intro - (e)(3) were included on Revision Checklist 157 (62 FR 25998), no changes were made to those 

paragraphs.

3

States should adopt 268.1(f)(1)-(3) as appropriate to reflect the universal wastes adopted. See the rule for Checklists 142 

A-D (60 FR 25492; May 11, 1995).

4

Revision Checklist 181 is optional for States that have not added spent lamps to their universal waste program or that 

have added spent lamps to their universal waste program and regulate spent lamps as stringently as the Federal program. 

For States that have universal waste programs that include spent lamps, but do not regulate spent lamps as stringently as 

the Federal program, Revision Checklist 181 is not optional.

5

This paragraph was originally 268.3 when it was added to the code by Revision Checklist 34. However, it was 

redesignated as 268.3(a) by Revision Checklist 78.

6

Revision Checklist 34 originally introduced 268.7(a)&(a)(1) to the Federal code. Revision Checklist 157 removed 

268.7(a)(1), redesignated 268.7(a) as 268.7(a)(1), and introduced a new 268.7(a). 

7

Revision Checklist 34 originally introduced 268.7(a)(2)(i) intro through 268.7(a)(2)(ii). Revision Checklist 137 made 

amendments to 268.7(a)(2)(i) intro, (i)(A), (i)(C), and (i)(D). Revision Checklists 39, 78, 83, 137, and 151 made 

amendments to 268.7(a)(2)(i)(B). Revision Checklists 39 and 137 made amendments to 268.7(a)(2)(ii). Revision 

Checklist 157 later removed these paragraphs. Revision Checklist 167B added new paragraph 268.7(a)(2)(i) and 

reserved 268.7(a)(2)(ii).

8

Revision Checklist 34 introduced 268.7(a)(4) to the Federal code. Revision Checklist 50 redesignated 268.7(a)(4) as 

268.7(a)(5) and introduced a new 268.7(a)(4). Revision Checklist 157 redesignated and revised 268.7 (a)(4)-(8) as 268.7 

(a)(5)-(9) and introduced a new 268.7(a)(4).

9

There is a typographical error in the Table at 268.7(a)(4). At the #8 entry, Acomplies with' A should be Acomplies 

with]@.

10

Revision Checklists 50 and 78 originally introduced 268.7(a)(6)-(9) to the Federal code. Revision Checklist 83 inserted a 

new 268.7(a)(6) and redesignated the old 268.7(a)(6)-(9) as 268.7(a)(7)-(10). Revision Checklist 137 revised 268.7(a) by 

removing and reserving (a)(9). Revision Checklist 157 redesignated 268.7(a)(5)-(8) as 268.7(a)(6)-(9).

11

This code is part of the optional requirements for the alternate treatment standards for lab packs under the Third Third 

Scheduled Waste Rule. If adopted, all of the requirements (i.e., 264.316(f), 265.316(f), 268.7(a)(8), 268.7(a)(9), 

268.42(c), 268.42(c)(1)-(4), and Appendices IV and V to Part 268) related to these alternate treatment standards must be 

adopted.

12

Although 267.1(a)(10) was included on Revision Checklist 157 (62 FR 25998-26040), no changes were made to that 

paragraph.
CONSOLIDATED CHECKLIST C8

40 CFR Part 268 as of December 31, 2002 (cont'd)

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13

The notice, certification and test requirements currently found in Federal code at 268.7(c)(1) and (c)(2) were originally 

addressed in paragraph 268.7(c), as introduced into the code by Revision Checklist 34. 268.7(c) was subsequently 

modified by Revision Checklists 39, 50, and 157. Revision Checklist 39 added the testing requirements now found at 

268.7(c)(2); although at the time, these requirements were still designated as 268.7(c). It was Revision Checklist 50 that 

significantly revised the paragraph so that the notice and certification requirements now appear at (c)(1) and the testing 

requirements appear at (c)(2). The checklist reference column, then, includes all relevant checklists for 268.7(c)(1) and 

(c)(2), rather than just Revision Checklist 50 which primarily affected the formatting changes.

14

This entire section was removed and reserved by Revision Checklist 151. Note, however, that there are numerous 

internal references to this section throughout the CFR that were not removed.

15

Revision Checklist 137 revised the introductory paragraph of ' 268.43 and removed paragraphs 268.43(a), (b), and (c).

16

This table was completely replaced in the May 26, 1998 rule (63 FR 28556; Revision Checklist 167A). The revised 

numerical Universal Treatment Standards (UTS) for metal constituents Barium, Lead, Selenium, Beryllium, Nickel, 

Thallium, and Vanadium are less stringent (H) than existing standards and are optional for State adoption. The revised 

UTS for Cadmium, Chromium, Silver, Antimony, and Zinc are more stringent. The UTS for Mercury is printed in the 

rule because of the ongoing discussion regarding changing the standards; however, at this time the UTS for Mercury 

remains unchanged.

17

Note that there is no change to the 2,4,6-tribromophenol entry in the UTS Table in 268.48, although that table has been 

revised to reflect the new UTS for metal constituents by Revision Checklist 167A.

18

Note that although the amendatory language states the footnotes are republished without change, Amg/l@ is incorrectly 

revised to Amg/L@ in footnote 2. Also note that lower case Apart@ and Asubpart@ were incorrectly revised to upper case 

APart@ and ASubpart@ in footnote 3. States should not adopt these revisions.

19

In the preamble to the June 8, 2000 rule, it states that the Agency neglected to delete the reference to U408 in Appendix 

VII of 40 CFR Part 268 in the March 17, 2000 rule (65 FR 14472; Revision Checklist 185). However, there was no entry 

for U408 in that Appendix. The actual amendment for the rule incorrectly removes the entry for U048 from Appendix 

VII to 40 CFR Part 268. Therefore, States should not adopt any changes to this Appendix made by Revision Checklist 

187. This error was corrected by Revision Checklist 192B (66 FR 27266, May 16, 2001).

20

Note that there is an error in the Federal Register notice which introduced the Revision Checklist 157 revisions at 62 FR

26037. The title for Appendix VIII should be listed as ANational Capacity LDR Variances for UIC Wastes@ but is 

incorrectly listed as ALDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes@. This error appears in the 

CFR beginning with the July 1, 1997 edition. Revision Checklist 167C also lists the incorrect title with this appendix.

21

Appendix IX to Part 268 was originally introduced to the Federal code by the January 31, 1991 Federal Register (56 FR

3864; Revision Checklist 83), and then the August 31, 1993 Federal Register (58 FR 46040, Revision Checklist 126) 

replaced the entire appendix with a note referencing "Test Methods for Evaluating Solid Waste, Physical/Chemical 

Methods", as incorporated by reference in '260.11.
Page 1 of 7

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SPECIAL CONSOLIDATED CHECKLIST

for the Organic Air Emission Standards for Tanks,

Surface Impoundments, and Containers

as of December 31, 2002

Notes: 1) This checklist consolidates changes made to the Federal code by the December 6, 1994 final rule regarding 

Subpart CC standards [(59 FR 62896); Revision Checklist 154] and subsequent revisions which have occurred through 

December 31, 2002, as follows: 

$ Revision Checklist 154:

[59 FR 62896-62953 (December 6, 1994) (Formerly Revision Checklist 138)];

[60 FR 26828-26829 (May 19, 1995) (Formerly Revision Checklist 143)];

[60 FR 50426-50430 (September 29, 1995) (Formerly Revision Checklist 146)];

[60 FR 56952-56954 (November 13, 1995) (Formerly Revision Checklist 143, Rule 143.1)];

[61 FR 4903-4916 (February 9, 1996) (Formerly Revision Checklist 149)];

[61 FR 28508-28511 (June 5, 1996) (Formerly Revision Checklist 143, Rule 143.2)]; 

[61 FR 59932-59997 (November 25, 1996)];

$ Revision Checklist 163 [62 FR 64636-64671 (December 8, 1997)]; and

$ Revision Checklist 177 [64 FR 3382 (January 21, 1999)]. 

The AChecklist Reference@ column indicates which of the checklists have affected each listed provision.

No final rules were promulgated between June 30, 1999 and December 31, 2002 that affected the Organic Air Emission 

Standards rule. Therefore, this consolidated checklist is identical to that of June 30, 1999.

2) Note that Revision Checklist 154 adds a new method to Appendix A of 40 CFR Part 60. This addition has been 

included because this method is referenced in Subpart CC of both Part 264 and Part 265. Thus, a State must either 

directly reference the method at 40 CFR Part 60, Appendix A or incorporate this method into its regulations and reference 

the method within its regulations. If the first approach is used, the State must make sure that its Administrative 

Procedures Act allows the State to reference the Federal regulations. While the following regulations/methods/appendices 

were not added by this rule, they are referenced in this new rule. A State, thus, must either directly reference these 

regulations/methods/appendices or incorporate them into its regulations and reference the appropriate State analog:

P 40 CFR part 60

! Specific references noted:

- 60.112(b)

- 60.114(b)

- Subpart VV

- Appendix A

P 40 CFR part 61

! Specific references noted:

- 61.346(a)(1)

- 61.346(b)(1) through (b)(3)

- Subpart V

P 40 CFR part 63

! Specific references noted:

- Appendix A

- Appendix C
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

APPENDIX A TO PART 60

TEST METHOD

add Method 25E-Determination of 

Vapor Phase Organic 

Concentration in Waste Samples

154 Appendix A

Title 129,

Chapter 34,

002.02

IBR

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B – DEFINITIONS

REFERENCES

add "API Publication 2517, Third 

Edition, February 1989, 

"Evaporative Loss from External 

Floating Roof Tanks""

154 260.11(e)(1)

Title 128,

1-003 IBR

add "ASTM Standard Test 

Method for Vapor Pressure--

Temperature Relationship & 

Initial Decomposition 

Temperature of Liquids by 

Isoteniscope"

154 260.11(b)(15) 1-003 IBR

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A – GENERAL

REQUIREMENTS FOR RECYCLABLE MATERIALS

replace "owners or operators" with 

"owners and operators"; delete 

"and" prior to "BB"; insert ", and 

CC" following "BB"

154 261.6(c)(1) 7-005 X

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART C - PRE-TRANSPORT REQUIREMENTS

ACCUMULATION TIME

1 insert “the applicable 

requirements of” after “complies 

with”; change “subpart” to 

154, 177 262.34(a)(1)(i) 10-

004.01A6

X
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

“subparts”; insert A, AA, BB, 

and CC after “subpart I”

1 insert “the applicable 

requirements of” after “complies 

with”; change “subpart” to 

“subparts”; insert AA, BB, and 

CC after subparts J; remove 

comma after part 265

154, 177 262.34(a)(1)(ii) 10-004.01B X

insert "of this chapter" after "part 

265"; change "'" to "''"; insert 

"and 265.178" after "265.176"

154 262.34(d)(2) 9-007.03C X

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL FACILITIES

SUBPART B - GENERAL FACILITY STANDARDS

GENERAL WASTE ANALYSIS

154 264.13(b)(6) and 

(b)(8) 21-002 IBR

GENERAL INSPECTION REQUIREMENTS

remove the "and" preceding 

"264.1058"; add "and 264.1083 

through 264.1089 of this part" 

after "264.1058"

154,163 264.15(b)(4) 21-002 IBR

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD

insert "and waste determinations" 

after "waste analyses"; add 

"264.1083," after "264.1063,"

154, 163

264.73(b)(3), 

(b)(6) and 

264.77(c)

21-005 IBR

SUBPART I - USE AND MANAGEMENT OF CONTAINERS

AIR EMISSION STANDARDS

add new section: owners/operators 

subject to applicable requirements 

of 264, Subparts AA, BB, and CC, 

if they place hazardous waste in 

container

154 264.179 21-009 IBR
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

SUBPART J - TANK SYSTEMS

AIR EMISSION STANDARDS

add new section: owners/operators 

subject to applicable requirements 

of 264, Subparts AA, BB, and CC 

if they place hazardous waste in a 

tank

154 264.200 21-010 IBR

SUBPART K - SURFACE IMPOUNDMENTS

AIR EMISSION STANDARDS

add new section: owners/operators 

subject to applicable requirements 

of 264, Subparts BB and CC if 

they place hazardous waste in 

surface impoundment

154 264.232 21-011 IBR

SUBPART X - MISCELLANEOUS UNITS

ENVIRONMENTAL PERFORMANCE STANDARDS

insert "and subparts AA through 

CC" after "subparts I through O" 154 264.601 21-018 IBR

SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS

154,163, 

177

264 Subpart AA 

(all) 21-019 IBR

SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

154, 163

264 Subpart BB 

(all) 21-020 IBR

SUBPART CC - AIR EMISSION STANDARDS FOR TANKS,

SURFACE IMPOUNDMENTS, AND CONTAINERS

154, 163, 

177

264 Subpart CC 

(all) 21-021 IBR

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

replace "The standards of this 

part" in the first sentence of this 

paragraph with "Except as 

provided in ' 265.1080(b), the 

standards of this part"

154 265.1(b) 22-001 X

SUBPART B - GENERAL FACILITY STANDARDS

GENERAL WASTE ANALYSIS

154 265.13(b)(6) and 

(b)(8) 22-002 IBR

GENERAL INSPECTION REQUIREMENTS

154,163 265.15(b)(4) 22-002 IBR

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD

154, 163 265.73(b)(3) and 

(b)(6) 22-005 IBR

ADDITIONAL REPORTS

154 265.77(d) 22-005 IBR

SUBPART I - USE AND MANAGEMENT OF CONTAINERS

AIR EMISSION STANDARDS

154 265.178 22-009 IBR

SUBPART J - TANK SYSTEMS

AIR EMISSION STANDARDS

154 265.202 22-010 IBR

SUBPART K - SURFACE IMPOUNDMENTS

AIR EMISSION STANDARDS

154 265.231 22-011 IBR

SUBPART AA - AIR EMISSION STANDARDS FOR PROCESS VENTS

154, 163 265 Subpart AA 22-019 IBR

SUBPART BB - AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

154, 163 265 Subpart BB 22-020 IBR

SUBPART CC - AIR EMISSION STANDARDS FOR TANKS,

SURFACE IMPOUNDMENTS, AND CONTAINERS

154, 163 265 Subpart CC 22-021 IBR

PART 265 APPENDICES

APPENDIX VI

154,163 Part 265, 

Appendix VI 22-027 IBR

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 

PROGRAM

SUBPART A - GENERAL INFORMATION

EFFECT OF A PERMIT

154 270.4(a)(2) –

(a)(4)

12-002.01B

- .01C and 

.01D

X

SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B: GENERAL REQUIREMENTS

insert “of this part following 

A264.15(b)”; remove "and" 

before "264.1058"; add ", 

264.1084, 264.1085, 264.1086 and 

264.1088 of this part" at end

154,163 270.14(b)(5) 13-012.02 IBR

SPECIFIC PART B INFORMATION REQUIREMENTS FOR CONTAINERS

add new paragraph: information 

requirements on air emission 

control equipment as in 270.27

154

270.15(e), 

270.16(k) and 

270.17(j)

13-012.04 IBR

SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS

add new paragraph: information 

requirements on air emission 

control equipment as in 270.27

154 270.16(k) 13-012.04 IBR
SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface 

Impoundments, and Containers as of December 31, 2002 (cont'd)

Page 7 of 7

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FEDERAL REQUIREMENTS CHECKLIST 

REFERENCE FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS

add new paragraph: information 

requirements on air emission 

control equipment as in 270.27

154 270.17(j) 13-012.04 IBR

SPECIFIC PART B INFORMATION REQUIREMENTS FOR AIR EMISSION CONTROLS FOR TANKS, 

SURFACE IMPOUNDMENTS, AND CONTAINERS

154 270.27(all) 13-012.04 IBR

 

1

The rules addressed by Revision Checklist 154 included, but did not change, the wording of 262.34(a)(1)(i) and 

262.34(a)(1)(ii). 
Page 1 of 2

RCRA REVISION CHECKLIST 17

HSWA Codification Rule

50 FR 28702-28755

July 15, 1985

(HSWA Cluster I)

Note: This codification rule incorporated numerous HSWA amendments to RCRA into the existing RCRA regulations. 

Since HSWA provides that states may seek authorization for selected provisions (instead of having to adopt all provisions 

simultaneously), this checklist has been subdivided into logical groupings of the HSWA early enactment provisions. There 

are 19 subsections to this checklist.

Checklist 17 A – Small Quantity Generators (superseded by Checklist 23)

Checklist 17 B – Delisting

Checklist 17 C – Household Waste

Checklist 17 D – Waste Minimization

Checklist 17 E – Location Standards for Salt Domes, Salt Beds, Underground Mines and Caves

Checklist 17 F – Liquids in Landfills

Checklist 17 G – Dust Suppression

Checklist 17 H – Double Liners

Checklist 17 I – Ground-Water Monitoring 

Checklist 17 J – Cement Kilns

Checklist 17 K – Fuel Labeling superseded by Checklist 19)

Checklist 17 L – Corrective Action1

Checklist 17 M – Pre-construction Ban

Checklist 17 N – Permit Life

Checklist 17 O – Omnibus Provision

Checklist 17 P – Interim Status

Checklist 17 Q – Research and Development Permits

Checklist 17 R - Hazardous Waste Exports (superseded by Checklist 31)

Checklist 17 S - Exposure Information

 

1 Only Checklist 17L is submitted in the present program revision application.
Page 2 of 2

RCRA REVISION CHECKLIST 17L

Corrective Action

FEDERAL 

REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS 

STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRIN

-GENT

MORE 

STRINGENT

BROADER

IN SCOPE

PART 264 – STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL FACILITIES

SUBPART F – RELEASES FROM SOLID WASTE MANAGEMENT UNITS

APPLICABILITY

solid waste management 

unit

264.90(a) 21-006 IBR

Groundwater monitoring 

wells

N/A 21-006.01 X

Interpretive comment: The state requires groundwater monitoring wells to be designed according to ASTM Standard 

D 5092-90. In addition, any groundwater monitoring well to be placed in a stratigraphic unit composed of loessal 

sediment must be designed and sampled in a manner approved by the Department intended to minimize turbidity in 

samples taken from the well. The Federal regulations do not have these specific requirements, therefore the State is 

more stringent.

CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

solid waste management 

unit

264.101(a) 21-006 IBR

specified in permit 264.101(b) 21-006 IBR

PART 270 – PERMITTING REQUIREMENTS

SUBPART F – SPECIAL FORMS OF PERMITS

PERMITS BY RULE

UIC permits issued after 

11/8/84

270.60(b)(3) None

(see interpretive 

comment below)

X

NPDES permits issued 

after 11/8/84

270.60(c)(3)(vii) 12-001.04A1(b) X

Interpretive Comment: Nebraska does not allow UIC permits by rule under 40 CFR § 270.60(b) because hazardous 

waste injection wells are expressly prohibited under Title 122, Nebraska Administrative Code, Rules and Regulations 

for Underground Injection and Mineral Production Wells, Chapter 3, Section 003.
December 1, 1987 - Page 1 of 3

RCRA REVISION CHECKLIST 44

HSWA Codification Rule 2

52 FR 45788-45799

December 1, 1987

(HSWA Cluster II)

This codification rule is a companion to the initial codification rule of July 15, 1985 (Revision Checklist 17) 

and incorporates logical outgrowths of the 1984 HSWA amendments into the existing RCRA regulations. 

Since HSWA provides that States may seek authorization for selected provisions (instead of having to 

adopt all provisions simultaneously), this checklist has been divided into logical subgroupings. There 

are seven subsections to this checklist.

INCLUDED – NOW SEEKING AUTHORIZATION

Checklist 44 A - Permit Application Requirements Regarding Corrective Action

Checklist 44 B - Corrective Action Beyond the Facility Boundary

NOT INCLUDED – PREVIOUSLY AUTHORIZED OR INAPPLICABLE IN NEBRASKA

Checklist 44 C - Corrective Action for Injection Wells1

Checklist 44 D - Permit Modification2

Checklist 44 E - Permit as a Shield Provision3

Checklist 44 F - Permit Conditions to Protect Human Health and the Environment3

Checklist 44 G - Post-Closure Permits3

 

1 Nebraska prohibits hazardous waste injection wells under Title 122, Nebraska Administrative Code, Rules and Regulations 

for Underground Injection and Mineral Production Wells, Chapter 3, Section 003. Thus, Nebraska has not adopted nor is 

seeking authorization for these provisions.

2 Nebraska received authorization for this checklist on 09/24/2010.

3 Nebraska received authorization for these checklists on 08/26/1996.
December 1, 1987 - Page 2 of 3

RCRA REVISION CHECKLIST 44 A

Permit Application Requirements Regarding Corrective Action

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:

THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B: GENERAL REQUIREMENTS

facilities containing

a regulated unit

270.14(c) 13-012.02 IBR

information

requirements:

270.14(d) 13-012.02 IBR

solid waste

management unit

information

270.14(d)(1)(i-v) 13-012.02 IBR

hazardous waste

release information

270.14(d)(2) 13-012.02 IBR

facility assessment

information

270.14(d)(3) 13-012.02 IBR
December 1, 1987 - Page 3 of 3

RCRA REVISION CHECKLIST 44 B

Corrective Action Beyond the Facility Boundary

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 264 - STANDARDS FOR THE OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

CORRECTIVE ACTION PROGRAM

new introductory

wording

264.100(e) 21-006 IBR

compliance point/

downgradient

property boundary

264.100(e)(1) 21-006 IBR

release beyond the

facility boundary

264.100(e)(2) 21-006 IBR

CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

corrective action

beyond facility

boundaries

264.101(c) 21-006 IBR

groundwater monitoring 

wells

N/A 21-006.01 X

Interpretive comment: The state requires groundwater monitoring wells to be designed according to 

ASTM Standard D 5092-90. In addition, any groundwater monitoring well to be placed in a 

stratigraphic unit composed of loessal sediment must be designed and sampled in a manner 

approved by the Department intended to minimize turbidity in samples taken from the well. The 

Federal regulations do not have these specific requirements, therefore the State is more stringent.
 

RCRA REVISION CHECKLIST 121

Corrective Action Management Units and Temporary Units

58 FR 8658-8685

February 16, 1993

(RCRA Cluster III, HSWA provisions)

Note: The final rule addressed by this checklist reduces the regulatory requirements for certain 

types of w aste management conducted during correction action; thus authorized States are not 

required to adopt the changes addressed by this rule. As such, this checklist is designated as 

optional. How ever, EPA strongly encourages States to adopt the checklist as soon as possible in 

order to expedite hazardous w aste remediation at RCRA corrective action facilities.

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B - DEFINITIONS

† DEFINITIONS

add " corrective action 

management unit"

See interpretive note 

below

1-026

Interpretive note: the 2002 CAMU Amendments (67 FR 2962-3029 January 22, 2002) removed 

the definition of “ corrective action management unit” from 260.10. Nebraska’s definition at 

28-1-026 is equivalent to the federal definition now cited in 40 CFR 270.2.

add sentence excluding 

a corrective action 

management unit into 

w hich remediation 

w astes are placed from 

definition 

260.10 " disposal 

facility"

1-043 X

 designate existing 

definition as "(1)" ; add 

second definition 

numbered " (2)" for the 

purpose of 

implementing 

correction action under 

264.101

260.10 " facility" 1-052.02 X

replace " or a cave" 

w ith " a cave, or a 

corrective action 

management unit" 

260.10 " landfill" 1-082 X
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

add " corrective action 

management unit," 

after " containment 

building, "

260.10 " miscellaneous 

unit"

1-092 X

add " remediation 

w aste"

260.10 " remediation 

w aste"

1-111 X

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

† RELATIONSHIP TO INTERIM STATUS STANDARDS

1 add ", except as 

provided under 40 CFR 

part 264 subpart S" at 

end of paragraph

264.3 21-001.05 X

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

† CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

add " in accordance 

w ith this section and 

subpart S of this part" 

after " in the permit"

264.101(b) 21-006 IBR

Groundw ater 

monitoring w ells

N/A 21-006.01 X

Interpretive note: The state requires groundw ater monitoring w ells to be designed according to 

ASTM Standard D 5092-90. In addition, any groundw ater monitoring w ell to be placed in a 

stratigraphic unit composed of loessal sediment must be designed and sampled in a manner 

approved by the Department intended to minimize turbidity in samples taken from the w ell. The 

Federal regulations do not have these specific requirements, therefore the State is more stringent.

SUBPART S - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

† CORRECTIVE ACTION MANAGEMENT UNITS (CAMU)

 

1 Note that the comment follow ing 264.3 remains unchanged.
OSWER DIRECTIVE NO. 9541.00

-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

Regional Administrator 

may designate one or 

more areas at a facility 

as CAMUs for purpose 

of implementing 

remedies under 

264.101 or RCRA 

3008(h)

264.552(a) 21-016 IBR

placement of 

remediation w astes in 

CAMU does not 

constitute land 

disposal

264.552(a)(1) 21-016 IBR

consolidation or 

placement of 

remediation w astes in 

CAMU does not 

constitute creation of a 

unit subject to 

minimum technology 

requirements

264.552(a)(2) 21-016 IBR

Regional Administrator 

may designate a 

regulated unit as a 

CAMU or include a 

regulated unit in a 

CAMU; criteria

264.552(b)(1) 21-016 IBR

264.552(b)(1)(i) 21-016 IBR

264.552(b)(1)(ii) 21-016 IBR

Subparts F, G, and H 

and unit-specific Parts 

264 or 265 

requirements that 

applied to regulated 

unit continue to apply 

to that portion of 

CAMU after 

incorporation

264.552(b)(2) 21-016 IBR
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

criteria by w hich 

Regional Administrator 

shall designate CAMU:

264.552(c) 21-016 IBR

CAMU shall facilitate 

implementation of 

reliable, effective, 

protective, and 

cost-effective remedies

264.552(c)(1) 21-016 IBR

associated w aste 

management activities 

shall not create 

unacceptable risks to 

humans or the 

environment

264.552(c)(2) 21-016 IBR

CAMU shall include 

uncontaminated areas 

only if including such 

areas for purpose of 

managing remediation 

w aste is more 

protective than 

managing such w astes 

at contaminated areas

264.552(c)(3) 21-016 IBR

CAMU areas w here 

w aste w ill remain after 

closure shall be 

managed and 

contained to minimize 

future releases, to the 

extent practicable

264.552(c)(4) 21-016 IBR

CAMU shall expedite 

remedial activity 

implementation when 

appropriate and 

practical

264.552(c)(5) 21-016 IBR
OSWER DIRECTIVE NO. 9541.00

-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

CAMU shall enable use 

of treatment 

technologies, w hen 

appropriate, to 

enhance long-term 

effectiveness of 

remedial actions

264.552(c)(6) 21-016 IBR

CAMU shall, to the 

extent practicable, 

minimize land area 

w here w astes w ill 

remain after closure

264.552(c)(7) 21-016 IBR

ow ner/operator shall 

provide sufficient 

information to enable 

Regional Administrator 

to designate CAMU in 

accordance w ith 

264.552

264.552(d) 21-016 IBR

Regional Administrator 

shall specify CAMU 

requirements in permit 

or order, including:

264.552(e) 21-016 IBR

areal configuration of 

CAMU

264.552(e)(1) 21-016 IBR

requirements for 

remediation w aste 

management, including 

applicable design, 

operation and closure 

requirements

264.552(e)(2) 21-016 IBR

requirements for 

ground w ater 

monitoring sufficient 

to:

264.552(e)(3) 21-016 IBR

continue to detect and 

characterize existing 

releases from sources 

w ithin CAMU

264.552(e)(3)(i) 21-016 IBR
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

detect and characterize 

releases from areas of 

the CAMU in w hich 

w astes w ill remain 

after closure

264.552(e)(3)(ii) 21-016 IBR

closure and 

post-closure 

requirements:

264.552(e)(4) 21-016 IBR

CAMU closure shall: 264.552(e)(4)(i) 21-016 IBR

minimize need for 

further maintenance

264.552(e)(4)(i)(A) 21-016 IBR

control, minimize, or 

eliminate post-closure 

escape of hazardous 

w aste, hazardous 

constituents, leachate, 

contaminated runoff, 

or hazardous w aste 

decomposition 

products to ground, 

surface w aters, or 

atmosphere

264.552(e)(4)(i)(B) 21-016 IBR

requirements for 

closure of CAMU shall 

include, as appropriate 

and deemed necessary 

by the Regional 

Administrator:

264.552(e)(4)(ii) 21-016 IBR

excavation, removal, 

treatment or 

containment of w astes

264.552(e)(4)(ii)(A) 21-016 IBR

capping of areas in 

w hich w astes w ill 

remain after CAMU 

closure

264.552(e)(4)(ii)(B) 21-016 IBR
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

removal and 

decontamination of 

equipment, devices, 

and structures used in 

remediation w aste 

management activities 

w ithin CAMU

264.552(e)(4)(ii)(C) 21-016 IBR

in establishing specific 

264.552(e) closure 

requirements, Regional 

Administrator shall 

consider:

264.552(e)(4)(iii) 21-016 IBR

CAMU characteristics 264.552(e)(4)(iii)(A) 21-016 IBR

volume of w astes 

w hich remain in place 

after closure

264.552(e)(4)(iii)(B) 21-016 IBR

potential for releases 

from CAMU

264.552(e)(4)(iii)(C) 21-016 IBR

physical and chemical 

characteristics of the 

w aste

264.552(e)(4)(iii)(D) 21-016 IBR

2 hydrogeological and 

other relevant 

environmental 

conditions w hich may 

influence migration of 

potential or actual 

releases

264.552(e)(4)(iii)(E) 21-016 IBR

potential for exposure 

of human and 

environmental 

receptors if releases 

occur

264.552(e)(4)(iii)(F) 21-016 IBR

 

2 Note that there is a typographical error in the Federal Register addressed by this Checklist; in 

264.552(e)(4)(iii)(E) " Hydrological" should be "Hydrogeological" .
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

post-closure 

requirements as 

necessary to protect 

human health and the 

environment; for areas 

w here w astes w ill 

remain, monitoring and 

maintenance activities 

and frequency 

264.552(e)(4)(iv) 21-016 IBR

Regional Administrator 

shall document 

rationale for CAMU 

designation; make 

documentation 

available to public

264.552(f) 21-016 IBR

incorporation of CAMU 

into existing permit 

approved by Regional 

Administrator under 

270.41 or 270.42 

procedures

264.552(g) 21-016 IBR

CAMU designation 

does not change EPA' s 

existing authority to 

address clean-up 

levels, media-specific 

points of compliance, 

or other remedy 

selection decisions

264.552(h) 21-016 IBR

† TEMPORARY UNITS (TU)
OSWER DIRECTIVE NO. 9541.00

-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

Regional Administrator 

may determine 

alternative design, 

operating, or closure 

standards for 

temporary tanks and 

container storage areas 

for treatment or 

storage of hazardous 

remediation w astes 

under 264.101 or 

RCRA 3008(h); must 

protect human health 

and environment

264.553(a) 21-016 IBR

temporary unit to 

w hich alternative 

requirements are 

applied shall be:

264.553(b) 21-016 IBR

located w ithin facility 

boundary

264.553(b)(1) 21-016 IBR

used only for treatment 

or storage of 

remediation w astes

264.553(b)(2) 21-016 IBR

factors Regional 

Administrator shall 

consider in establishing 

temporary unit 

standards:

264.553(c) 21-016 IBR

length of time unit w ill 

be in operation

264.553(c)(1) 21-016 IBR

type of unit 264.553(c)(2) 21-016 IBR

volumes of w astes to 

be managed

264.553(c)(3) 21-016 IBR

physical and chemical 

characteristics of 

w astes to be managed

264.553(c)(4) 21-016 IBR
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

potential for releases 

from the unit

264.553(c)(5) 21-016 IBR

hydrogeological and 

other relevant 

environmental 

conditions w hich may 

influence migration of 

potential releases

264.553(c)(6) 21-016 IBR

potential for exposure 

of humans and 

environmental 

receptors if releases 

occur

264.553(c)(7) 21-016 IBR

Regional Administrator 

shall specify in permit 

or order length of time, 

up to a year, the 

temporary unit w ill be 

allow ed to operate; 

design, operating, and 

closure requirements 

for the unit

264.553(d) 21-016 IBR

3 Regional Administrator 

may extend operational 

period of temporary 

unit once for no longer 

than one year beyond 

period specified in 

permit or order, if:

264.553(e) 21-016 IBR

continued operation of 

unit w ill not threaten 

human health and 

environment

264.553(e)(1) 21-016 IBR

 

3 Note that at 264.553(e), " Administrator" should read "Regional Administrator" . 
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

continued operation of 

unit is necessary to 

ensure timely and 

efficient 

implementation of 

remedial actions

264.553(e)(2) 21-016 IBR

incorporation of a 

temporary unit or time 

extension for 

temporary unit in an 

existing permit shall 

be:

264.553(f) 21-016 IBR

approved in 

accordance w ith 

270.41 permit 

modification 

procedures

264.553(f)(1) 21-016 IBR

requested by 

ow ner/operator as 

Class II modification in 

accordance w ith 

270.42

264.553(f)(2) 21-016 IBR

Regional Administrator 

shall document 

rationale for temporary 

unit designation; 

documentation made 

available to public

264.553(g) 21-016 IBR

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

† PURPOSE, SCOPE, AND APPLICABILITY

add ", and of 40 CFR 

264.552 and 40 CFR 

264.553," after 

" standards of this part"

265.1(b) 22-001 X
OSWER DIRECTIVE NO. 9541.00-20

SPA 14

CL121.14 - Revised: 9/20/93

Printed: 10/13/16

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

† DEFINITIONS APPLICABLE IN THIS PART

add ", except in a 

corrective action 

management unit," 

after " on the land"

268.2(c) 20-002.03 X

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 

PROGRAM

SUBPART A - GENERAL INFORMATION

† DEFINITIONS

add " corrective 

action management 

unit"

270.2 1-026 X

add sentence excluding 

a corrective action 

management unit into 

w hich remediation 

w astes are placed from 

definition 

270.2 "disposal 

facility"

1-041 X

SUBPART D - CHANGES TO PERMIT

† PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE

add new section N. to 

table

270.42 Appendix I Appendix V X
Page 1 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

NEBRASKA

RCRA REVISION CHECKLIST 148

RCRA Expanded Public Participation

60 FR 63417-63434

December 11, 1995

(RCRA Cluster VI, Non-HSWA provisions)

Sections 124.32(a) and 124.33(a) need to have their language revised to remove the limiting language that is not 

appropriate for States to adopt. See the summary for this checklist for guidance.

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

IN SCOPE

PART 124 - PROCEDURES FOR DECISION MAKING

SUBPART B - SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS

a PRE-APPLICATION PUBLIC MEETING AND NOTICE

1

requirements of this section 

apply to part B applications 

seeking initial permits for 

hazardous waste management 

units; these requirements also 

apply to part B permit 

applications seeking permit 

renewal which proposes a 

significant change in the 

facility operations; definition 

of "significant change"; 

definition of "hazardous waste 

management units over which

EPA has permit issuance 

authority"; the requirements of 

124.31 do not apply to 270.42 

permit modifications or 

applications submitted solely 

for post-closure activities or 

post-closure activities and 

corrective action at a facility

124.31(a) 13-001.03 & 

13-001.05

X

prior to submission of part B 

permit application, the 

applicant must hold at least one 

public meeting; the applicant 

shall post a sign-in sheet for 

attendees

124.31(b) 13-016.01 X

 

1

See the special guidance in the summary for this checklist regarding state adoption of these paragraphs.
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 2 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

the applicant shall submit a 

summary of the meeting, a list 

of the attendees and their 

addresses, and copies of any 

written comments or materials 

submitted at the meeting as 

part of the part B application, 

in accordance with 270.14(b)

124.31(c) 13-016.02 X

the applicant must provide 

public notice of the preapplication meeting at least 30 

days prior to the meeting; must 

maintain and provide 

documentation of public notice 

to the permitting agency upon 

request

124.31(d) 13-016.03 X

the applicant shall provide 

public notice in all of the 

following forms:

124.31(d)(1) 13-016.03A X

newspaper advertisement, as 

specified

124.31(d)(1)(i) 13-016.03A1 X

visible and accessible sign, as 

specified

124.31(d)(1)(ii) 13-016.03A2 X

broadcast media 

announcement, as specified

124.31(d)(1)(iii) 13-016.03A3 X

notice to the permitting agency 

and units of state and local 

government, as specified

124.31(d)(1)(iv) 13-016.03A4 X

the notices required under 

124.31(d)(1) must include:

124.31(d)(2) 13-016.03B X

date, time, and location of the 

meeting

124.31(d)(2)(i) 13-016.03B1 X

brief description of the purpose 

of the meeting

124.31(d)(2)(ii) 13-016.03B2 X

brief description of the facility 

and proposed operations, 

including address or map

124.31(d)(2)(iii) 13-016.03B3 X

statement encouraging people 

to contact the facility at least 

72 hours before the meeting if 

they need special access

124.31(d)(2)(iv) 13-016.03B4 X
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 3 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

name, address, and telephone 

number of a contact person for 

the applicant

124.31(d)(2)(v) 13-016.03B5 X

a PUBLIC NOTICE REQUIREMENTS AT THE APPLICATION STAGE

1 requirements of this section 

apply to part B applications 

seeking initial permits for 

hazardous waste management 

units; these requirements also 

apply to part B permit 

applications seeking permit 

renewal for such units under 

270.51; definition of 

"hazardous waste management 

units"; the requirements of 

124.32 do not apply to 270.42 

permit modifications or 

applications submitted solely 

for post-closure activities or 

post-closure activities and 

corrective action at a facility

124.32(a) 13-001.04& 

13-001.05

notification at application 

submittal

124.32(b) 13-017.01 X

the Director shall provide 

public notice as set forth in 

124.10(c)(1)(ix) and notice to 

appropriate units of State and 

local government as set forth in 

124.10(c)(1)(x), that a part B 

application has been submitted

124.32(b)(1) 13-017.01A X

notice shall be published 

within a reasonable period of 

time after the application is 

received by the Director; the 

notice must include:

124.32(b)(2) 13-017.01B X

name and telephone number of 

the applicant's contact person

124.32(b)(2)(i) 13-017.01B1 X
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 4 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

name, telephone number, and 

mailing address of the 

permitting agency's contact 

office 

124.32(b)(2)(ii) 13-017.01B2 X

address to which people can 

write in order to be put on the 

facility mailing list

124.32(b)(2)(iii) 13-017.01B3 X

location where copies of the 

permit application and any 

supporting documents can be 

viewed and copied

124.32(b)(2)(iv) 13-017.01B4 X

brief description of the facility 

and proposed operations, 

including address or map, on 

the front page of the notice

124.32(b)(2)(v) 13-017.01B5 X

date the application was 

submitted

124.32(b)(2)(vi) 13-017.01B6 X

concurrent with the notice 

required under 124.32(b), the 

Director must place the permit 

application and any support 

documents in a location 

accessible to the public in the 

vicinity of the facility or at the 

permitting agency's office

124.32(c) 13-017.02 X

a

INFORMATION REPOSITORY

1 requirements of this section 

apply to all applications 

seeking permits for hazardous 

waste management units; 

definition of "hazardous waste 

management units"

124.33(a) 13-001.06
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 5 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

the Director may assess the 

need, on a case-by-case basis, 

for an information repository; 

he shall consider a variety of 

factors, including level of 

public interest, type of facility, 

presence of existing repository, 

and proximity to nearest copy 

of administrative record; if a 

need is determined, the 

Director shall notify the facility 

to establish and maintain a 

repository

124.33(b) 13-018.01 X

the repository shall contain all 

documents, reports, data, and 

information deemed necessary 

by the Director

124.33(c) 13-018.02 X

the repository shall be located 

and maintained at a site chosen 

by the facility; if the site is 

unsuitable, the Director shall 

specify a more appropriate site

124.33(d) 13-018.03 X

the Director shall specify 

requirements for informing the 

public about the repository; at a 

minimum, the Director shall 

require the facility to provide a 

written notice about the 

repository to all persons on the 

facility mailing list

124.33(e) 13-018.04 X

the facility owner or operator 

shall be responsible for 

maintaining and updating the 

repository; the Director may 

close the repository at his 

discretion based on factors in 

124.33(b)

124.33(f) 13-018.05 X
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 6 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION

DEFINITIONS

b

revise "Facility mailing list" by 

changing "124.10(c)(viii)" to 

"124.10(c)(1)(ix)"

270.2, "Facility mailing 

list"

15-006.01A 

“Department 

mailing list”

X

SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B: GENERAL REQUIREMENTS

c Add new paragraph; summary 

of pre-application meeting, a 

list of the attendees and their 

addresses, and copies of any 

written comments or materials 

submitted at the meeting, as 

required under 124.31(c)

270.14(b)(22) 13-012.02 IBR

SUBPART C - PERMIT CONDITIONS

CONDITIONS APPLICABLE TO ALL PERMITS

a

add new paragraph; the 

Director may require the 

permittee to establish and 

maintain an information 

repository at any time, as set 

forth in 124.33(b); information 

repository shall be governed by 

provisions in 124.33(c)-(f)

270.30(m) 14-002.18 X

SUBPART F - SPECIAL FORMS OF PERMITS

EMERGENCY PERMITS

b

replace "124.11(b)" with 

"124.10(b)"

270.61(b)(5) 12-001.04B5 X
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

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c HAZARDOUS WASTE INCINERATOR PERMITS

redesignate former 

270.62(b)(6) as 270.62(b)(7); 

add new 270.62(b)(6) 

addressing the notice to be sent 

by the Director to all persons 

on the facility mailing list and 

to the appropriate units of State 

and local government 

announcing the scheduled 

commencement and 

completion dates for the trial 

burn; applicant may not 

commence the trial burn until 

after notice has been issued

270.62(b)(6) 12-001.04C IBR

notice must be mailed within a 

reasonable time period before 

the scheduled trial burn; 

additional notice not required if 

trial burn is delayed due to 

circumstances beyond the 

facility's or permitting agency's 

control

270.62(b)(6)(i) 12-001.04C IBR

notice must contain: 270.62(b)(6)(ii) 12-001.04C IBR

name and telephone of the 

applicant's contact person

270.62(b)(6)(ii)(A) 12-001.04C IBR

name and telephone number of 

the permitting agency's contact 

office 

270.62(b)(6)(ii)(B) 12-001.04C IBR

location where the approved 

trial burn plan and any 

supporting documents can be 

reviewed and copied

270.62(b)(6)(ii)(C) 12-001.04C IBR

expected time period for 

commencement and 

completion of the trial burn

270.62(b)(6)(ii)(D) 12-001.04C IBR

former 270.62(b)(6) becomes 

270.62(b)(7)

270.62(b)(7) 12-001.04C IBR
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

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CL148.P51 - Revised: 8/6/97 Page 8 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

redesignate former 

270.62(b)(7)-(10) as 

270.62(b)(8)-(11)

270.62(b)(8)-(11) 12-001.04C IBR

in the first sentence, replace 

"paragraph (b)(2) through 

(b)(9)" with "paragraphs (b)(2) 

through (b)(5) and (b)(7) 

through (b)(10)"; after the first 

sentence, insert two new 

sentences; the first new 

sentence requires the Director 

to announce his or her intention 

to approve the trial burn plan 

as specified; the second new 

sentence addresses what the 

notice must include; in the 

sentence beginning with 

"Applicants submitting 

information under...", replace 

§§264.343" with "40 CFR 

264.343"; in the sentence 

beginning with "Applicants 

who submit trial burn plans...", 

replace "paragraph (b)(6)" with 

"paragraph (b)(7) of this 

section"

270.62(d) 12-001.04C IBR

c PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE

redesignate former 

270.66(d)(3) as 270.66(d)(4); 

add new 270.66(d)(3) requiring 

the Director to send notice to 

all persons on the facility 

mailing list and to the 

appropriate units of State and 

local government announcing 

the scheduled commencement 

and completion dates for the 

trial burn; applicant may not 

commence the trial burn until 

after notice has been issued

270.66(d)(3) 12-001.04F IBR
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

DER IN 

SCOPE

CL148.P51 - Revised: 8/6/97 Page 9 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

notice must be mailed within a 

reasonable time period before 

the trial burn; additional notice 

not required if trial burn is 

delayed due to circumstances 

beyond the facility's or 

permitting agency's control

270.66(d)(3)(i) 12-001.04F IBR

notice must contain: 270.66(d)(3)(ii) 12-001.04F IBR

name and telephone number of 

the applicant's contact person

270.66(d)(3)(ii)(A) 12-001.04F IBR

name and telephone number of 

the permitting agency's contact 

office 

270.66(d)(3)(ii)(B) 12-001.04F IBR

location where the approved 

trial burn plan and any 

supporting documents can be 

reviewed and copied

270.66(d)(3)(ii)(C) 12-001.04F IBR

expected time period for 

commencement and 

completion of the trial burn

270.66(d)(3)(ii)(D) 12-001.04F IBR

former 270.66(d)(3) becomes 

(d)(4)

270.66(d)(4) 12-001.04F IBR
SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROA

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SCOPE

CL148.P51 - Revised: 8/6/97 Page 10 of 10

[NE CL Revised: 12/22/08][Printed: 8/2/16]

redesignate old 270.66(d)(4) 

and (d)(5) as 270.66(d)(5) and 

(d)(6)

270.66(d)(5) & (d)(6) 12-001.04F IBR

2

revise paragraph; insert "of this 

chapter" after the second 

reference to "§ 266.103" in the 

first sentence; after the first 

sentence, insert new second 

and third sentences; the first 

new sentence requires the 

Director to announce his or her 

intention to approve a trial burn 

plan as specified; second new 

sentence addresses what the 

notice must include

270.66(g) 12-001.04F IBR

 

a

New provision added to the Nebraska regulations.

b No revision needed; Nebraska is equivalent to the Federal code.

c No revision needed; Nebraska incorporates the Federal provision by reference.

 

2

There is a typographical error at 270.66(g); at 60 FR 63434, "§§266.104 through 266.107" was changed to 

"§266.104 through 266.107".
RCRA REVISION CHECKLIST 174

Post-Closure Permit Requirement and Closure Process

63 FR 56710-56735

October 22, 1998

(RCRA Cluster IX, HSWA/non-HSWA provisions)

Notes : 1) States choosing to adopt this optional checklist must demonstrate the enforcement authority added by 

this rule to 40 CFR 271.16(e) in order to receive authorization for this checklist.

2) The revisions to 40 CFR 264.90(f), 264.110(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4), 

264.118(d)(2)(iv), 264.140(d), 265.90(f), 265.110(d), 265.112(b)(8), 265.112(c)(1)(iv), 265.118(c)(5), 

265.118(d)(1)(iii), 265.121(a)(2), 265.140(d) and 271.16(e) are promulgated pursuant to HSWA. 

Because these provisions are not more stringent, they are immediately effective only in those Sates not 

authorized for the base RCRA program. The revisions to 40 CFR 264.90(e), 265.110(c), 265.118(c)(4), 

265.121 (except for 265.121(a)(2)), 270.1, 270.14(a), and 270.28 are promulgated relative to non-HSWA 

authority. Those provisions designated as HSWA are identified by a "" (diamond symbol) in this 

checklist.

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL FACILITIES

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

APPLICABILITY

264.90(e) and (f)(all) 21-006 IBR

State specific groundwater 

monitor design and sampling 

specifications

N/A 21-006.01 X

Interpretive comment: The state requires groundwater monitoring wells to be designed according to ASTM 

Standard D 5092-90. In addition, any groundwater monitoring well to be placed in a stratigraphic unit composed 

of loessal sediment must be designed and sampled in a manner approved by the Department intended to minimize 

turbidity in samples taken from the well. The Federal regulations do not have these specific requirements, 

therefore the State is more stringent.

APPLICABILITY

264.110(c) 21-007 IBR

CLOSURE PLAN; AMENDMENT OF PLAN
SPA 20

CL174.wp - Revised: 9/10/99

Printed: 8/2/16

add new paragraph;

for facilities where Regional 

Administrator has applied 

alternative requirements 

under 264.90(f), 264.110(c), 

and/or 264.140(d), either 

alternative requirements or 

reference to enforceable 

document containing those 

requirements

264.112(b)(8) 21-007 IBR

add new paragraph;

owner/ operator requests 

Regional Administrator to 

apply alternative 

requirements under 

264.90(f), 264.110(c), and/or 

264.140(d)

264.112(c)(2)(iv) 21-007 IBR
SPA 20

CL174.wp - Revised: 9/10/99

Printed: 8/2/16

POST-CLOSURE PLAN; AMENDMENT OF PLAN

add new paragraph;

for facilities where Regional 

Administrator has applied 

alternative requirements 

under 264.90(f), 264.110(c), 

and/or 264.140(d), either 

alternative requirements or 

reference to enforceable 

document containing those 

requirements

264.118(b)(4) 21-007 IBR

add new paragraph;

owner/operator requests 

Regional Administrator to 

apply alternative 

requirements under 

264.90(f), 264.110(c), and/or 

264.140(d) 

264.118(d)(2)(iv) 21-007 IBR

SUBPART H - FINANCIAL REQUIREMENTS

APPLICABILITY

add new paragraph;

Regional Administrator may 

replace part 264 Subpart H 

requirements with 

alternative requirements for 

financial assurance in permit 

or enforceable document, 

where Regional 

Administrator :

264.140(d) (all) 21-008 IBR
SPA 20

CL174.wp - Revised: 9/10/99

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PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART F - GROUND-WATER MONITORING

APPLICABILITY

add new paragraph; Regional 

Administrator may replace 

part 265 Subpart F 

requirements with 

alternative requirements 

developed for groundwater 

monitoring contained in 

approved closure or 

post-closure plan or 

enforceable document where 

Regional Administrator

determines:

265.90(f)(all) 22-006 IBR

State specific groundwater 

monitoring and sampling 

requirements

N/A 22-006.01 X

Interpretive comment: The state requires groundwater monitoring wells to be designed according to ASTM 

Standard D 5092-90. In addition, any groundwater monitoring well to be placed in a stratigraphic unit composed 

of loessal sediment must be designed and sampled in a manner approved by the Department intended to minimize 

turbidity in samples taken from the well. The Federal regulations do not have these specific requirements, 

therefore the State is more stringent.

List of parameters may 

include VOCs at discretion 

of the Director

N/A 22-006.02 X

Interpretive Comment: VOCs are not part of the parameters listed in 265.92(b)(1)-(3). Therefore the state 

regulation is broader in scope.

Groundwater monitoring 

required quarterly

N/A 22-006.03 X

Interpretive comment: The State requires the monitoring plan required under 40 CFR 265.93(d)(3) must include 

sampling during the initial four consecutive quarters for all analytes listed in 40 CFR 265.92(b), therefore making 

it more stringent than the Federal requirements.

Ceasing implementation of 

ground-water quality 

assessment plan

N/A 22-006.04 X

Interpretive comment: At 40 CFR 265.93(d)(7)(ii), the Federal regulations state that determinations may cease if 

the groundwater quality assessment plan was implemented during the post-closure care period. The state 

regulations allow these determinations to cease only if the facility is operating under an approved Post Closure 

Plan, therefore the State is more stringent.

Analyses must be reported to 

the Director within 45 days

N/A 22-006.05 X

Interpretive comment: The federal regulations require that analyses be reported annually. The state requires the 

analyses to be submitted within 45 days following the end of the quarter in which the sample was taken. 

Therefore the State is more stringent.

SUBPART G - CLOSURE AND POST-CLOSURE
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APPLICABILITY

add new paragraph; 265.121 

applies to owners/operators 

of units subject to 

270.1(c)(7) and are regulated 

under enforceable document

265.110(c) 22-007 IBR

add new paragraph;

Regional Administrator may 

replace part 265 Subpart G 

requirements with 

alternative requirements for 

closure contained in 

approved closure or 

post-closure plan or in 

enforceable document where 

Regional Administrator 

determines:

265.110(d)(all) 22-007 IBR

CLOSURE PLAN; AMENDMENT OF PLAN

add new paragraph;

for facilities where Regional 

Administrator has applied 

alternative requirements 

under 265.90(f), 265.110(d), 

and/or 265.140(d), either 

alternative requirements or 

reference to enforceable 

document containing those 

requirements

265.112(b)(8) 22-007 IBR

add new paragraph;

owner/operator requests 

Regional Administrator to 

apply alternative 

requirements under 

265.90(f), 265.110(d), 

and/or 265.140(d)

265.112(c)(1)(iv) 22-007 IBR

POST-CLOSURE PLAN; AMENDMENT OF PLAN

add new paragraph; for 

facilities subject to 265.121, 

provisions that satisfy 

265.121(a)(1)&(3)

265.118(c)(4)-(5) and 

265.118(d)(1)(iii) 

22-007 IBR

POST-CLOSURE REQUIREMENTS FOR FACILITIES THAT OBTAIN ENFORCEABLE DOCUMENTS 

IN LIEU OF POST-CLOSURE PERMITS

265.121(all) 22-007 IBR

SUBPART H - FINANCIAL REQUIREMENTS

APPLICABILITY
SPA 20

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Printed: 8/2/16

265.140(d) (all) 22-008 IBR

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:

THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION

PURPOSE AND SCOPE OF THESE REGULATIONS

insert “of this chapter” after 

“265.115”; insert “or 

decontamination” after 

“closure by removal”; insert 

“, or obtain an enforceable 

document in lieu of 

post-closure permit, as 

provided under paragraph 

(c)(7) of this section” after 

“270.1(c)(5) and (6)”; insert 

“40 CFR” prior to “part 

264”; replace initial 

capitalizations with lower 

case letters in “groundwater 

monitoring, ... post-closure 

care requirements”

270.1(c) intro 12-001.02 X

add new paragraph; 

enforceable documents for 

post-closure care; at 

Regional Administrator's 

discretion, owner/operator 

may obtain enforceable 

document imposing 265.121 

requirements in lieu of 

post-closure permit; 

definition of enforceable 

document 

270.1(c)(7) 12-001.09 X
SPA 20

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SUBPART B - PERMIT APPLICATION

CONTENTS OF PART B: GENERAL REQUIREMENTS

add new sentence to end of 

existing paragraph; for 

post-closure permits, only 

270.28 information is 

required in Part B 

application

270.14(a) 13-012.02 IBR

PART B INFORMATION REQUIREMENTS FOR POST-CLOSURE PERMITS

add new section; for 

post-closure permits, 

owner/operator required to 

only submit information 

specified in 270.14(b)(1), 

(4)-(6), (11), (13), (14), (16), 

(18), and (19), (c), and (d) 

unless Regional 

Administrator determines 

that 270.14, 270.16 - 270.18, 

270.20, or 270.21 

information is necessary; 

owner/operator required to 

submit same information 

when alternative authority is 

used in lieu of post-closure 

permit

270.28 13-012.02A X
RCRA REVISION CHECKLIST 175

HWIR-Media

63 FR 65874-65947

November 30, 1998

(RCRA Cluster IX, HSWA/non-HSWA provisions)

Notes : 1) While not included in this revision checklist, this rule adds new requirements to Part 271. 

Specifically, it adds the procedures for a State to receive authorization for rules listed as acceptable for 

abbreviated application requirements.

2) The revisions to 40 CFR 260.10, 264.1(j) intro, 264.101(d), 264.552(a), 264.553(a), 264.554, 

265.1(b), 268.2(c), 268.50(g), 270.2, 270.42 Appendix I, and 270.230(e)(1) were promulgated pursuant to 

HSWA. Because these provisions are not more stringent, they are immediately effective only in those 

States not authorized for the base RCRA program. The revisions to 40 CFR 261.4(g), 264.1(j)(1)-(13), 

264.73(b)(17), 270.11(d), 270.68, 270.73(a), and Part 270 Subpart H (except 270.230(e)(1)) were 

promulgated relative to non-HSWA authority. The 264.1(j) introductory paragraph is also a non-HSWA 

provision to the extent that it addresses the requirements that remediation waste management units can 

meet in lieu of 40 CFR Part 264, Subparts B, C and D. Those provisions designated as HSWA are 

identified by a "" (diamond symbol) in this checklist.

3) Revision Checklist 121 added 40 CFR 264, Subpart S addressing Corrective Action Management 

Units (CAMUs) and Temporary Units. The rule addressed by that checklist limited the use of CAMUs 

and Temporary Units to remedies under 40 CFR 264.101 or RCRA §3008(h) (corrective action). The 

rule addressed by Revision Checklist 175 expands the availability for use of these units to permitted 

facilities that are not subject to 40 CFR 264.101. States may be authorized for Revision Checklist 175 

without being authorized for Revision Checklist 121 if the authorization, relative to the use of CAMUs 

and Temporary Units, is limited to permitted facilities that are not subject to 40 CFR 264.101. This 

limitation needs to be addressed in Section XV (EE) of the Attorney General’s Statement. At that entry, 

the State should also cite its analogs to 40 CFR 260.10 (“disposal facility”, “landfill”, “miscellaneous 

unit”, and “remediation waste”), 264.552(b)-(h), 264.553(b)-(g), 265.1(b), 268.2(b), 270.2 (“disposal 

facility”), and 270.42, Appendix I. These other provisions need to be cited by the State and reviewed by 

the Region to assure that all of the design and operating requirements for CAMUs and Temporary Units 

are included in the State’s regulations and authorized. In the “Remarks of the Attorney General”, the 

State’s Attorney General must include a statement that, relative to 40 CFR 264, Subpart S, the State is not 

seeking authorization for the corrective action uses of CAMUs and Temporary Units. If the State is 

also not authorized for Revision Checklist 17L (Corrective Action), the State should also limit the use, and 

in turn the authorization, of staging piles in a similar fashion.
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B - DEFINITIONS

DEFINITIONS

replace existing definition of 

“corrective action 

management unit or CAMU” 

with new definition of 

“corrective action 

management unit (CAMU)” 

260.10 “corrective 

action management unit 

(CAMU)” 

1-027 X

Interpretive Comment: The 2002 CAMU Amendments (67 FR 2962-3029 January 22, 2002) removed the 

definition of “corrective action management unit” from 260.10. Nebraska’s definition at 28-1-026 is equivalent 

to the federal definition now cited in 40 CFR 270.2.

add third definition 

numbered “(3)”, a 

remediation waste 

management site is not 

facility subject to 264.101, 

but is subject to corrective 

action if site is located within 

such facility

260.10 “facility” 1-052.03 X

replace “40 CFR part 146” 

with “part 146 of this 

chapter”; remove “or” prior 

to “unit eligible”; insert “a” 

prior to “research”; replace 

“§ 270.65” with “40 CFR 

270.65, or staging pile”

260.10 “miscellaneous 

unit”

1-092 X

replace “, which” with “that” 

after “debris”; replace 

“which” with “that” prior to 

“themselves”; remove 

“waste” after “exhibit a 

hazardous”; replace “, that” 

with “and” after 

“characteristic”; remove “the 

purpose of” prior to 

“implementing”; replace 

“implementing corrective” 

with “implementing 

cleanup”; delete remainder 

of text beginning with 

“action requirements...”

260.10 “remediation 

waste”

1-111 X
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

add “remediation waste 

management site”

260.10 “remediation 

waste management site”

1-112 X

add “staging pile” 260.10 “staging pile” 1-123 X

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

EXCLUSIONS

dredged material that is not a 

hazardous waste

261.4(g)(all) 2-014.01(all) X

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE AND APPLICABILITY

Remediation waste 

management sites

264.1(j)(all) 21-001.04(all) X

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD

† add new paragraph; any 

records required under 

264.1(j)(13)

264.73(b)(17) 21-005 IBR

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

add new paragraph; does not 

apply to remediation waste 

management sites unless part 

of a facility subject to permit

for treating, storing or 

disposing of hazardous 

wastes that are not 

remediation wastes

264.101(d) 21-006 IBR

State specific groundwater 

monitor design and sampling 

specifications

N/A 21-006.01 X

Interpretive comment: The state requires groundwater monitoring wells to be designed according to ASTM 

Standard D 5092-90. In addition, any groundwater monitoring well to be placed in a stratigraphic unit composed 

of loessal sediment must be designed and sampled in a manner approved by the Department intended to minimize 

turbidity in samples taken from the well. The Federal regulations do not have these specific requirements, 

therefore the State is more stringent.
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

SUBPART S - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

CORRECTIVE ACTION MANAGEMENT UNITS (CAMU)

264.552(a) intro,(1) and 

(2)

21-016 IBR

TEMPORARY UNITS (TU)

Regional Administrator may 

designate unit as temporary 

unit, for temporary tanks and 

container storage areas used 

to treat or store hazardous 

remediation wastes under 

264.101 or RCRA 3008(h), 

or at permitted facility not 

subject to 264.101; 

264.553(a) 21-016 IBR

STAGING PILES

New section 264.554(all) 21-016 IBR

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY

replace “40 CFR 264.552 

and 40 CFR 264.553” with 

“40 CFR 264.552, 264.553, 

and 264.554”

265.1(b) 22-001 X

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

DEFINITIONS APPLICABLE IN THIS PART

insert “or staging pile” after 

“corrective action 

management unit”

268.2(c) 20-002.03 X
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

SUBPART E - PROHIBITIONS ON STORAGE

PROHIBITION ON STORAGE OF RESTRICTED WASTES

add new paragraph; 

prohibition and requirements 

in 268.50 do not apply to 

hazardous remediation 

wastes stored in staging pile 

approved pursuant to 

265.554

268.50(g) 20-014.07 X

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS

WASTE PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION

DEFINITIONS

† add “Remedial Action Plan 

(RAP)”

270.2 12-001.03I4 X

SUBPART B - PERMIT APPLICATION

SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS

†, 1,

2

redesignate 270.11(d) as 

270.11(d)(1); replace “must 

make” with “shall make”; in 

certification statement, 

replace “in accordance with” 

with “according to”; remove 

“be” in “to be the best of my 

knowledge”

270.11(d)(1) 13-011.03 X

† add new paragraph; for 

RAPs under 270 subpart H, 

owner may make the 

certification at 270.11(d)(2) 

instead of 270.11(d)(1); 

certification statement 

270.11(d)(2) 13-011.04 X

 

1

In redesignating 270.11(d) as 270.11(d)(1), in the November 30, 1998 rule (63 FR 65941), it appears as 

though the title of paragraph (d), “Certification” , has been removed. It is assumed that 270.11(d) intro remains 

in the code but only contains the paragraph's title, “Certification”.

2

There appears to be an omission in 270.11(d)(1). Following “paragraph (a) or (b) of this” the word 

“section” should be reinserted to refer to 270.11(a) & (b). 
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

SUBPART D - CHANGES TO PERMITS

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE

†,  add entries D.3.g and N.3 as 

follows:

270.42, Appendix I Title 128, Appendix V X

Modifications Class

* * * * * * * * * * * * *

D. Closure

* * * * * * * * * * * * *

3. Addition of the following new units to be used temporarily for closure activities:

* * * * * * * * * * * * *

g. Staging piles 2

* * * * * * * * * * * * *

N. Corrective Action:

* * * * * * * * * * * * *

3. Approval of a staging pile or staging pile operating term extension pursuant to § 264.554 2

SUBPART F - SPECIAL FORMS OF PERMITS

† REMEDIAL ACTION PLANS (RAPs)

3

add new section; RAPs are 

special forms of permits 

regulated under 270 subpart 

H

270.68 12-001.04G X

SUBPART G - INTERIM STATUS

TERMINATION OF INTERIM STATUS

†, 4insert “, except an 

application for a remedial 

action plan (RAP) under 

subpart H of this part,” 

following “application”

270.73(a) 12-003.04A X

 

3

The November 30, 1998 (64 FR 65874) rule adds a new section at 270.68. There is no § 270.67; 

therefore, it is assumed to be reserved.

4

In revising this provision, EPA has replaced the ending “; or” with a period. This appears to be an error as 

interim status terminates when either 270.73(a) or 270.73(b) occurs. When adopting this Rule, States are 

advised to leave the ending “; or” intact at 270.73(a).
SPA 20

CL175.wp - Revised: 9/25/99

Printed: 10/13/16

SUBPART H - REMEDIAL ACTION PLANS (RAPs)

Remedial Action Plan 

requirements

270.79 Subpart H (all) 12-004 IBR
RCRA REVISION CHECKLIST 176

Universal Waste Rule -- Technical Amendments

63 FR 71225-71230

December 24, 1998

(RCRA Cluster IX, non-HSWA)

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 

AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART G - SPENT LEAD-ACID BATTERIES BEING RECLAIMED

† APPLICABILITY AND REQUIREMENTS 

Spent lead-acid batteries 266.80(a) 7-012.01 and .02, 

including Table

X

PART 273 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

SUBPART A - GENERAL

DEFINITIONS

† remove “more than” 

prior to “5,000”; insert 

“or more” prior to 

“total”

273.9 “small quantity 

handler of universal 

waste”

25-008.11 X
RCRA REVISION CHECKLIST 181

Universal Waste Rule: Specific Provisions for Hazardous Waste Lamps 64 FR 36466-36490

July 6, 1999

(RCRA Cluster X, Non-HSWA)

Note: In order for a state to receive authorization for this checklist, which adds spent hazardous waste 

lamps to the list of universal wastes, it must first have authorization for Revision Checklist 142 A 

(universal waste).

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B - DEFINITIONS

DEFINITIONS

add “Lamp” in 

alphabetical order

260.10 25-008.06 X

1

,† in definition of “universal 

waste”, introduction, 

replace “40 CFR part 273” 

with “part 273 of this 

chapter”; subparagraph 

(1), replace “40 CFR 

273.2” with “§ 273.2 of 

this chapter”; 

subparagraph (2), replace 

“40 CFR 273.3; and” with 

“§ 273.3 of this chapter;”; 

subparagraph (3), replace 

“40 CFR 273.4.” with 

“§ 273.4 of this chapter; 

and”; add subparagraph (4) 

addressing lamps

260.10 25-008.13(all) X

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

REQUIREMENTS FOR UNIVERSAL WASTE

Adding “of this chapter” 261.9(b), (c)-(d) 25-001.01B, .01C-D X

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A - GENERAL

 
SPA 21

CL181 - Revised: 6/14/01

Printed: 10/13/16

PURPOSE, SCOPE, AND APPLICABILITY

† replace “40 CFR 273.3; 

and” with “§ 273.3 of this 

chapter;”

264.1(g)(11)(ii)-(iv) 21-001 X

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE AND APPLICABILITY

Add “of this chapter” 265.1(c)(14)(ii)-(iv) 22-001.01K X

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY

Add “of this chapter” 268.1(f)(2)-(4) 20-001.06 X

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 

PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION

PURPOSE AND SCOPE OF THESE REGULATIONS

Add “of this chapter” 270.1(c)(2)(viii)(B)-(D) 12-001.03H X

PART 273 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

SUBPART A - GENERAL

SCOPE

† Remove “40 CFR” from

citation

273.1(a)(2)-(4) 25-001.01B X

APPLICABILITY - BATTERIES

† replace “§ 273.6” with 

“§ 273.9”

273.2(a)(1) 25-002.01A X

† replace “§ 273.6” with 

“§ 273.9”

273.2(b)(2) 25-002.01B X

† replace “§ 273.6” with 

“§ 273.9”; remove “40 

CFR” before “part 261” 

and insert “of this chapter” 

after “subpart C”

273.2(b)(3) 25-002.02C X
SPA 21

CL181 - Revised: 6/14/01

Printed: 10/13/16

APPLICABILITY - PESTICIDES

† replace “40 CFR” with 

“this”; replace “§ 273.6” 

with “§ 273.9”

273.3(a) 25-003.01 X

APPLICABILITY - MERCURY THERMOSTATS

† replace “40 CFR” with 

“this”; replace “§ 273.6” 

with “§ 273.9”

273.4(a) 25-004.01 X

APPLICABILITY - LAMPS

† redesignate old 273.5 as 

273.8; add new paragraph; 

lamps covered under part 

273

273.5(a) 25-005.01 X

† add new paragraph; lamps 

not covered under part 273

273.5(b)(all) 25-005.02(all) X

† add new paragraphs; 

generation of waste lamps

273.5(c)(all) 25-005.03(all) X

APPLICABILITY - HOUSEHOLD AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR 

WASTE

† 273.8(a)-(b) 25-007.01-.02 X

DEFINITIONS

† newly designated 273.9 

from 273.6, is amended by 

adding the definition of 

“Lamp”

273.9 25-008.06 X

† in definition of “large 

quantity handler of 

universal waste” replace 

“or thermostats,” with 

“thermostats, or lamps,”

273.9 25-008.07 X X

Interpretive Comment: The state adds an additional waste stream “electronic items” to the list of types of 

universal waste. The federal regulations do not include “electronic items” as a type of universal waste. Therefore, 

any references, or requirement, for “electronic items” are broader in scope than the federal regulations and not 

enforceable by EPA.
SPA 21

CL181 - Revised: 6/14/01

Printed: 10/13/16

† in definition of “small 

quantity handler of 

universal waste” replace 

“more than 5,000 

kilograms” with “5,000 

kilograms or more”; 

replace “or thermostats,” 

with “thermostats, or 

lamps,”

273.9 25-008.11 X X

Interpretive Comment: The state adds an additional waste stream “electronic items” to the list of types of 

universal waste. The federal regulations do not include “electronic items” as a type of universal waste. Therefore, 

any references, or requirement, for “electronic items” are broader in scope than the federal regulations and not 

enforceable by EPA.

2

,

3

† in definition of “universal 

waste”, introduction, 

replace “40 CFR” with 

“this”; subparagraph (1), 

replace “40 CFR” with 

“§”; subparagraph (2), 

replace “40 CFR 273.3; 

and” with “§ 273.3;”; 

subparagraph (3), replace 

“40 CFR 273.4.” with 

“§ 273.4; and”; add 

subparagraph (4) 

addressing lamps

273.9 25-008.13 X X

Interpretive Comment: At 20-008.13E, the state adds an additional waste stream “electronic items” to the list of 

types of universal waste. The federal regulations do not include “electronic items” as a type of universal waste. 

Therefore, any references, or requirement, for “electronic items” are broader in scope than the federal regulations 

and not enforceable by EPA.

SUBPART B - STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE

APPLICABILITY

† replace “273.6” with 

“273.9”

273.10 25-009 X

 

2

There is a typographical error in the Federal Register for the revised definition of “universal waste”: “hazardous 

waste that are” should be “hazardous wastes that are”.

3

There appears to be an error in the Federal Register in the first two subparagraphs for the revised definition of 

“universal waste”. It appears that the ending colons were inadvertently removed. Thus, subparagraph (1) should 

end “in § 273.2;” and subparagraph (2) should end “in § 273.3;”.
SPA 21

CL181 - Revised: 6/14/01

Printed: 10/13/16

WASTE MANAGEMENT

† add new paragraph; small 

quantity handlers of 

universal waste must 

manage lamps to prevent 

releases

273.13(d) 25-012.04 X

† lamp must be in containers 

that are structurally sound, 

adequate to prevent 

breakage & compatible; 

containers must remain 

closed & lack evidence of 

leakage, spillage or 

damage that could cause 

leakage

273.13(d)(1) 25-012.04A X

† immediately clean up &

place in a container any 

broken lamp or lamp with 

evidence of breakage, 

leakage, or damage that 

could cause a leak; 

containers must be closed, 

structurally sound, 

compatible, & lack 

evidence of leakage, 

spillage or damage that 

could cause a leak

273.13(d)(2) 25-012.04B X

LABELING/MARKING

† add new paragraph; each 

lamp or container in which 

lamps are contained must 

be clearly labeled or 

marked with “Universal 

Waste–Lamp(s)” or 

“Waste Lamp(s)” or “Used 

Lamp(s)”

273.14(e) 25-013.05 X

SUBPART C - STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE

APPLICABILITY

† replace “40 CFR 273.6” 

with “§ 273.9”

273.30 25-020 X

NOTIFICATION
SPA 21

CL181 - Revised: 6/14/01

Printed: 10/13/16

† insert “, lamps” after 

“thermostats”

273.32(b)(4) 25-022.02D X X

Interpretive Comment: The state adds an additional waste stream “electronic items” to the list of types of 

universal waste. The federal regulations do not include “electronic items” as a type of universal waste. Therefore, 

any references, or requirement, for “electronic items” are broader in scope than the federal regulations and not 

enforceable by EPA.

† replace “kilograms” with 

“kg”; insert “, and lamps” 

after “thermostats”

273.32(b)(5) 25-022.02E X X X

Interpretive Comment: The state is more stringent as it requires the generator to add the type of universal waste in 

the statement. The federal regulations only require a list of the universal waste (273.32(b)(4)) and not an 

additional indication of the type of universal waste in the statement. The state is broader in scope in that it adds an 

additional waste stream “electronic items” to the list of types of universal waste. The federal regulations do not 

include “electronic items” as a type of universal waste. Therefore, any references, or requirement, for “electronic 

items” are broader in scope than the federal regulations and not enforceable by EPA.

MANAGEMENT

Large quantity handlers of 

universal waste must 

manage lamps...

273.33(d)(all) 25-023.04(all) X

LABELING/MARKING
† add new paragraph; each 

lamp or container in which 

lamps are contained must 

be clearly labeled or 

marked with “Universal 

Waste–Lamp(s)” or 

“Waste Lamp(s)” or “Used 

Lamp(s)”

273.34(e) 25-024.05 X

SUBPART D - STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS

APPLICABILITY

† replace “40 CFR 273.6” 

with “§ 273.9”

273.50 25-031 X

SUBPART E - STANDARDS FOR DESTINATION FACILITIES

APPLICABILITY

† replace “40 CFR 273.6” 

with “§ 273.9”; replace 

ending semicolon with a 

period

273.60(a) 25-038 X

SUBPART G - PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273

FACTORS FOR PETITIONS TO INCLUDE OTHER WASTES UNDER THIS PART 273

† replace both occurrences 

of “40 CFR part 273” with 

“this part 273”; replace “40 

CFR 260.10” with 

“§ 260.10 of this chapter”; 

replace “273.6” with 

“§ 273.9”

273.81(a) 25-043.01 X
RCRA REVISION CHECKLIST 183

Land Disposal Restrictions Phase IV -- Technical Corrections

64 FR 56469-56472

October 20, 1999

(RCRA Cluster X, HSWA/Non-HSWA)

Note that the revisions to 262.34(a)(4), 268.7(a)(3)(iii), 268.40(j), 268.40 Table, 268.49(c)(1)(A) and 

268.49(c)(1)(B) were made pursuant to HSWA. The revisions to 261.32 were made relative to non-HSWA 

authority. Those provisions designated as HSWA are identified by a “” (diamond symbol) in this checklist.

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 261 – IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART D – LISTS OF HAZARDOUS WASTES

HAZARDOUS WASTES FROM SPECIFIC SOURCES

1

,† remove entries for K064, 

K065, K066, K090 and 

K091

261.32 3-014 X

PART 262 – STANDARDS APPLICABLE TO GENERATORS

OF HAZARDOUS WASTE

SUBPART C – PRE-TRANSPORT REQUIREMENTS

ACCUMULATION TIME

†, replace “268.7(a)(4)” with 

“268.7(a)(5)”

262.34(a)(4) 10-004.01H X

PART 268 – LAND DISPOSAL RESTRICTIONS

SUBPART A – GENERAL

TESTING, TRACKING, AND RECORDKEEPING REQUIREMENTS FOR GENERATORS, 

TREATERS, AND DISPOSAL FACILITIES

†, add new paragraph; if 

waste changes, generator 

must send new notice & 

certification to receiving 

facility, & place copy in 

files; generators excluded 

under 261.3(f) are not 

subject to these 

requirements

268.7(a)(3)(iii) 20-005.01C3 X

 

1

The listings of K064, K065, K066, K090, and K091 were initially added to the Federal code by the September 12, 1988 

final rule addressed by Revision Checklist 53 (53 FR 35412). However, the listings were remanded by the U.S. Court of 

Appeals for the D.C. Circuit in American Mining Congress v. EPA, 907 F.2d 1179 (D.C. Cir. 1990). As such, Revision 

Checklist 53 was modified to not include the addition of these listings. Therefore, States may never have added these 

listings to their regulations.
SPA 21

CL183.wpd - Revised: 6/14/01

Printed: 8/2/16

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS

 replace old 268.40(j) with 

new paragraph; effective 

September 4, 1998, 

treatment standards for 

certain “P” and “U” wastes 

specified in 261.33 may be 

satisfied by either meeting 

constituent concentrations 

in “Treatment Standards 

for Hazardous Wastes” 

table, or by treating the 

waste by technologies 

specified 

268.40(j) 20-009.08 X

2

, revise K088 entry as 

shown at 64 FR 56471

268.40/Table 20-Table 9 X

ALTERNATIVE LDR TREATMENT STANDARDS FOR CONTAMINATED SOIL

†, add “except carbon 

disulfide, cyclohexanone, 

and methanol”after 

“non-metals”

268.49(c)(1)(A) 20-013.03A1 X

†, add “and carbon disulfide, 

cyclohexanone, and 

methanol”after “metals”

268.49(c)(1)(B) 20-013.03A2 X

† These changes are conditionally optional. If the State has adopted the optional revisions to the recordkeeping 

and paperwork requirements in Revision Checklist 157, then the State is required to adopt the change to 

262.34(a)(4) in this checklist. Also, if the State has adopted the optional treatment standards for contaminated 

soils in Revision Checklists 167 B, then the State is required to adopt the changes to 268.7(a)(3) and 

268.49(c)(1) in this checklist.

 

2

There are typographical errors in the K088 entry at 64 FR 56471. “Benz(a)anthracene” should be “Benzo(a)anthracene” 

and “Indeno(1,2,3,-c,d)pyrene” should be “Indeno(1,2,3-cd)pyrene”. The second error was in the Federal code prior to this 

checklist.
RCRA REVISION CHECKLIST 196

CAMU Amendments

67 FR 2962-3029

January 22, 2002

(RCRA Cluster XII, HSWA)

Name of State: Nebraska

State Statutory Authority: Neb. Rev. Stat. §81-1505(13), (14), (15); §81-1507(4)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations

Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENTLESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 – HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B – DEFINITIONS

DEFINITIONS

remove “Corrective action 

management unit 

(CAMU)”

260.10 1-027 

Nebraska retains 

this definition 

which is used in 

later provisions 

and equivalent to 

the revised 

federal definition 

in 40 CFR 

§270(2).

X

revise “Remediation 

waste”; insert comma after 

“debris”; remove “contain 

listed hazardous wastes or 

that themselves exhibit a 

hazardous characteristic 

and”

260.10 1-111 X
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx - Revised: 2/19/02

Printed: 10/13/16

PART 264 – STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

1

SUBPART S – SPECIAL PROVISIONS FOR CLEANUP

APPLICABILITY OF CORRECTIVE ACTION MANAGEMENT UNIT (CAMU) 

REGULATIONS

add new subparagraph; 

except as provided in 

264.550(b), CAMU’s are 

subject to 264.552

264.550(a) 21-016 IBR

add new subparagraph; 

CAMU’s approved before 

April 22, 2002, or that have 

submitted substantially 

complete applications on or 

before November 20, 2000, 

are subject to 264.551 for 

grandfathered CAMUs; 

such CAMUs will not be 

subject to 264.552, so long 

as they remain within 

approved scope

264.550(b) 21-016 IBR

2 GRANDFATHERED CORRECTIVE ACTION MANAGEMENT UNITS (CAMUs)

3

redesignate old 264.552 as 

264.551 

264.551 21-016 IBR

revise redesignated intro 

paragraph; insert “Section” 

after “RCRA”; remove “, 

as defined in § 260.10,”; 

insert new second sentence 

on meaning of CAMU; 

replace “owner/operator” 

with “owner or operator”

264.551(a) intro 21-016 IBR

 

1 Revision Checklist 196 revised the title of Subpart S of Part 264 from “Corrective Action for Solid Waste 

Management Units” to “Special Provisions for Cleanup”.

2 Revision Checklist 196 redesignated 264.552 as 265.551 and revised the section heading from 

“ Corrective Action Management Units (CAMU)” to “Grandfathered Corrective Action Management Units (CAMUs)”.

3 Revision Checklist 196 redesignated 264.552 as 265.551, revised the introductory paragraph at newly redesignated 

264.551(a), and inserted a new section 264.552.
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx - Revised: 2/19/02

Printed: 10/13/16

CORRECTIVE ACTION MANAGEMENT UNITS (CAMU)

Regional Administrator 

(RA) may designate an area 

at facility as CAMU for 

purpose of implementing 

remedies under 264.101 or 

RCRA 3008(h) or to 

implement remedies at a 

facility not subject to 

264.101; meaning of 

CAMU; CAMU must be 

located within contiguous 

property under 

owner/operator control 

where wastes originated; 

one or more CAMUs may 

be designated at facility

264.552(a) 21-016 IBR

CAMU-eligible waste 

means:

264.552(a)(1) 21-016 IBR

all solid & hazardous 

wastes, and all media & 

debris, managed for 

implementing cleanup; 

as-generated wastes from 

ongoing industrial 

operations at a site are not 

CAMU-eligible wastes

264.552(a)(1)(i) 21-016 IBR

wastes that otherwise meet 

264.552(a)(1)(i) 

description are not 

“CAMU-Eligible Wastes” 

where:

264.552(a)(1)(ii) 21-016 IBR

they are hazardous wastes 

found during cleanup in 

intact or substantially intact 

containers, tanks, or other 

non-land-based above 

ground units, unless wastes 

are first placed in these 

units as part of cleanup, or 

containers or tanks are 

excavated during cleanup; 

or

264.552(a)(1)(ii)

(A)

21-016 IBR
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx- Revised: 2/19/02

Printed: 10/13/16

RA exercises discretion in 

264.552(a)(2) to prohibit 

management of wastes in a 

CAMU

264.552(a)(1)(ii)

(B)

21-016 IBR

notwithstanding 

264.552(a)(1)(i), 

as-generated 

non-hazardous waste may 

be placed in a CAMU when 

used to facilitate treatment 

or performance of CAMU

264.552(a)(1)(iii) 21-016 IBR

RA may prohibit waste 

placement in a CAMU if 

wastes not managed in 

compliance with applicable 

part 268 or 265 

requirements, or 

non-compliance with other 

RCRA requirements 

contributed to a release

264.552(a)(2) 21-016 IBR

liquids prohibition 264.552(a)(3) 21-016 IBR

placement of bulk or 

noncontainerized liquid 

hazardous waste or free 

liquids contained in 

hazardous waste is 

prohibited in any CAMU 

except where placement 

facilitates cleanup remedy

264.552(a)(3)(i) 21-016 IBR

264.314(d) requirements 

for placement of containers 

holding free liquids in 

landfills apply to CAMU 

except where placement 

facilitates cleanup remedy

264.552(a)(3)(ii) 21-016 IBR

placement of nonhazardous 

liquid waste in CAMU is 

prohibited unless it 

facilitates cleanup remedy 

or 264.314(f) 

demonstration is made

264.552(a)(3)(iii) 21-016 IBR
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx- Revised: 2/19/02

Printed: 10/13/16

absence or presence of free 

liquids must be determined 

in accordance with 

264.314(c); sorbents used 

to treat free liquids must 

meet 264.314(e)

264.552(a)(3)(iv) 21-016 IBR

placement of 

CAMU-eligible wastes into 

or within CAMU is not 

land disposal

264.552(a)(4) 21-016 IBR

consolidation or placement 

of CAMU-eligible wastes 

into or within CAMU is not 

creation of a unit subject to 

minimum technology 

requirements

264.552(a)(5) 21-016 IBR

RA may designate a 

regulated unit as a CAMU, 

or incorporate a regulated 

unit into a CAMU, if:

264.552(b)(1) 21-016 IBR

regulated unit is closed or 

closing under 264.113 or 

265.113; and

264.552(b)(1)(i) 21-016 IBR

inclusion will enhance 

effective, protective & 

reliable remedial actions

264.552(b)(1)(ii) 21-016 IBR

subpart F, G & H and the 

unit-specific requirements 

of 264/265 that applied to 

regulated unit will continue 

to apply to that portion of 

the CAMU after 

incorporation into the 

CAMU

264.552(b)(2) 21-016 IBR

only in accordance with 

264.552(f) shall RA 

designate a CAMU to be 

used for storage and/or 

treatment; all other 

CAMUs designated in 

accordance with: 

264.552(c) 21-016 IBR
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx- Revised: 2/19/02

Printed: 10/13/16

CAMU shall facilitate 

effective, protective, 

reliable & cost-effective 

remedies;

264.552(c)(1) 21-016 IBR

CAMU waste management 

activities shall not create 

unacceptable risks from 

exposure to hazardous 

wastes or constituents;

264.552(c)(2) 21-016 IBR

CAMU includes 

uncontaminated areas of 

facility, only if including 

such areas for managing 

CAMU-eligible waste is 

more protective than 

management of such 

wastes at contaminated 

areas of facility;

264.552(c)(3) 21-016 IBR

areas where wastes remain 

in place after CAMU 

closure, shall be managed 

to minimize future 

releases;

264.552(c)(4) 21-016 IBR

CAMU expedites timing of 

remedial activity 

implementation;

264.552(c)(5) 21-016 IBR

CAMU enables use of 

treatment technologies to 

enhance long-term 

remedial action 

effectiveness by reducing 

toxicity, mobility or 

volume of wastes that 

remain after closure; and 

264.552(c)(6) 21-016 IBR

CAMU minimizes land 

area upon which wastes 

will remain after closure

264.552(c)(7) 21-016 IBR

owner/operator to provide 

sufficient information to 

enable RA to designate 

CAMU; information must 

include: 

264.552(d) 21-016 IBR

origin of waste and how 

managed;

264.552(d)(1) 21-016 IBR
SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx- Revised: 2/19/02

Printed: 10/13/16

whether waste was listed or 

identified as hazardous at 

time of disposal and/or 

release; and

264.552(d)(2) 21-016 IBR

whether disposal and/or 

release occurred before or 

after LDRs were in effect 

for the listing or 

characteristic

264.552(d)(3) 21-016 IBR

RA shall specify, in a 

permit or order CAMU 

requirements to include:

264.552(e) 21-016 IBR

areal configuration 264.552(e)(1) 21-016 IBR

except as 264.552(g) 

provides, applicable 

design, operation, 

treatment & closure 

requirements

264.552(e)(2) 21-016 IBR

except as 264.552(g) 

provides, minimum design 

requirements:

264.552(e)(3) 21-016 IBR

except 264.552(e)(3)(ii) 

approved alternate, 

CAMUs consisting of new, 

replacement or laterally 

expanded units must 

include composite liner &

leachate collection system; 

meaning of composite 

liner; construction of upper 

component; thickness of 

HDPE; installation of 

FML;

264.552(e)(3)(i) 21-016 IBR

alternate requirements may 

be approved if:

264.552(e)(3)(ii) 21-016 IBR

RA finds alternate design 

& operating practices, 

together with location, will 

prevent migration into 

ground or surface water at 

least as effectively as 

264.552 (e)(3)(i) systems; 

or

264.552(e)(3)(ii) 

(A)

21-016 IBR
SPA 23

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CAMU to be established in 

area with existing 

significant contamination, 

and RA finds alternative 

design would prevent 

migration that exceeds 

long-term remedial goals

264.552(e)(3)(ii) 

(B)

21-016 IBR

minimum treatment 

requirements; unless in 

CAMU treatment/ storage 

only under 264.552(f), 

CAMU eligible waste that 

absent 264.552 would be 

subject to 268 Treatment 

Standards and the RA 

determines waste contains 

principal hazardous 

constituents must be 

treated to 264.052(e)(4)(iii) 

standards

264.552(e)(4) 21-016 IBR

principal hazardous 

constituents are those that 

pose a risk substantially 

higher than cleanup levels 

or goals at site

264.552(e)(4)(i) 21-016 IBR

principal hazardous 

constituents (PHCs):

264.552(e)(4)(i) (A) 21-016 IBR

carcinogens that pose 

specified risk from 

ingestion or inhalation; and

264.552(e)(4)(i) 

(A)(1)

21-016 IBR

non-carcinogens that pose 

specified risk from 

ingestion or inhalation an 

order of magnitude or more 

above their reference dose

264.552(e)(4)(i) 

(A)(2)

21-016 IBR

PHCs can also be 

designated when risks 

posed by potential 

migration to ground water 

are substantially higher 

than cleanup levels or 

goals; factors for 

designation

264.552(e)(4)(i) (B) 21-016 IBR
SPA 23

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RA may designate other 

constituents as PHCs if 

determined to pose a risk 

substantially higher than 

cleanup levels or goals at 

site

264.552(e)(4)(i) (C) 21-016 IBR

in determining PHCs, the 

RA must consider all 

constituents subject to 268 

treatment standards

264.552(e)(4)(ii) 21-016 IBR

4 waste determined to 

contain PHCs must meet 

treatment standards 

determined in accordance 

with 264.552(e)(4)(iv) or 

(v) 

264.552(e)(4)(iii) 21-016 IBR

treatment standards for 

wastes placed in CAMUs

264.552(e)(4)(iv) 21-016 IBR

non-metals must achieve 

90% reduction in PHC 

concentrations

264.552(e)(4)(iv) 

(A)

21-016 IBR

metals must achieve 90% 

reduction in PHC 

concentrations or in total 

constituent concentrations

264.552(e)(4)(iv) 

(B)

21-016 IBR

when 90% reduction in 

PHC concentrations result 

in a concentration less than 

10 times the UTS, 

treatment is not required; 

UTS are identified in 

268.48

264.552(e)(4)(iv) 

(C)

21-016 IBR

wastes exhibiting 

ignitability, corrosibity or 

reactivity must also be 

treated to eliminate 

characteristic

264.552(e)(4)(iv) 

(D)

21-016 IBR

 

4

There is a punctuation error at 264.552(e)(4)(iii) in the January 22, 2002 rule (67 FR 2962; Revision Checklist 196): 

the ending colon should be replaced with a period. 
SPA 23

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debris must be treated in 

accordance with 268.45, or 

to 264.552(e)(4)(iv)

(A)-(D) or (e)(4)(v) levels

264.552(e)(4)(iv) 

(E)

21-016 IBR

alternatives to TCLP; for 

metal bearing wastes, RA 

may specify a test other 

than TCLP to measure 

treatment effectiveness

264.552(e)(4)(iv) 

(F)

21-016 IBR

RA may adjust treatment 

standards based on 

following; adjusted level 

must be protective of 

human health and 

environment:

264.552(e)(4)(v) 21-016 IBR

technical impracticability 

of 264.552(e)(4)(iv);

264.552(e)(4)(v) 

(A)

21-016 IBR

264.552(e)(4)(iv) would 

result in PHC 

concentrations 

significantly above or 

below cleanup standards;

264.552(e)(4)(v) 

(B)

21-016 IBR

affected local community 

views of 264.552(e)(4)(iv) 

methods; 

264.552(e)(4)(v) 

(C)

21-016 IBR

short-term risks of method 

necessary to achieve 

264.552(e)(4)(iv);

264.552(e)(4)(v) 

(D)

21-016 IBR

long-term protection of 

CAMU & engineering 

controls:

264.552(e)(4)(v) 

(E)

21-016 IBR

where 264.552(e)(4)(iv) 

treatment standards are 

substantially met & PHCs 

are of very low mobility; or

264.552(e)(4)(v) 

(E)(1)

21-016 IBR

where cost-effective 

treatment is used & CAMU 

meets 264.301(c)&(d) 

requirements; or

264.552(e)(4)(v) 

(E)(2)

21-016 IBR

where cost-effective 

treatment is not reasonably 

available & CAMU meets 

264.301(c)&(d) 

requirements; or

264.552(e)(4)(v) 

(E)(3)

21-016 IBR
SPA 23

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Printed: 10/13/16

where cost-effective 

treatment has been used & 

PHCs are of very low 

mobility; or

264.552(e)(4)(v) 

(E)(4)

21-016 IBR

where cost-effective 

treatment is not available, 

PHCs are of very low 

mobility, & CAMU 

meets/exceeds 

264.552(e)(3)(i)&(ii) 

requirements, or CAMU 

provides substantially 

equivalent or greater

protection

264.552(e)(4)(v) 

(E)(5)

21-016 IBR

treatment required must be 

completed prior to, or 

within reasonable time 

after, placement in CAMU

264.552(e)(4)(vi) 21-016 IBR

RA may specify a PHC 

subset as analytical 

surrogates for determining 

if treatment standards are 

met for other PHCs; 

specification based on 

difficulty of treatment

264.552(e)(4)(vii) 21-016 IBR

ground water monitoring & 

corrective action 

requirements sufficient to:

264.552(e)(5) 21-016 IBR

detect & characterize 

existing releases in ground 

water from CAMU; and

264.552(e)(5)(i) 21-016 IBR

detect & characterize 

releases to ground water 

from CAMU when wastes 

remain after closure; and

264.552(e)(5)(ii) 21-016 IBR

require RA notification & 

corrective action for 

releases to ground water 

from CAMU

264.552(e)(5)(iii) 21-016 IBR

except as 264.552(d) 

provides, closure & 

post-closure requirements:

264.552(e)(6) 21-016 IBR

closure of CAMU shall: 264.552(e)(6)(i) 21-016 IBR
SPA 23

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Printed: 10/13/16

minimize further 

maintenance; and 

264.552(e)(6)(i) (A) 21-016 IBR

control, minimize or 

eliminate post-closure 

escape of hazardous wastes 

to ground, surface waters 

or atmosphere

264.552(e)(6)(i) (B) 21-016 IBR

requirements for CAMU 

closure shall include:

264.552(e)(6)(ii) 21-016 IBR

waste excavation, removal, 

treatment or containment 

requirements; and

264.552(e)(6)(ii) 

(A)

21-016 IBR

equipment, devices & 

structures removal and 

decontamination 

requirements

264.552(e)(6)(ii) 

(B)

21-016 IBR

in establishing 264.552(e) 

closure requirements, the 

RA shall consider:

264.552(e)(6)(iii) 21-016 IBR

CAMU characteristics; 264.552(e)(6)(iii) 

(A)

21-016 IBR

volume of wastes 

remaining after closure;

264.552(e)(6)(iii) 

(B)

21-016 IBR

potential for releases; 264.552(e)(6)(iii) 

(C)

21-016 IBR

physical & chemical 

characteristics of waste;

264.552(e)(6)(iii) 

(D)

21-016 IBR

environmental conditions 

which may influence 

migration of any potential 

or actual releases; and

264.552(e)(6)(iii) 

(E)

21-016 IBR

exposure potential from 

releases

264.552(e)(6)(iii) 

(F)

21-016 IBR

cap requirements: 264.552(e)(6)(iv) 21-016 IBR

at final closure in areas 

where wastes will remain, 

owner/operator must cover 

CAMU with cover that 

meets following 

performance criteria:

264.552(e)(6)(iv) 

(A)

21-016 IBR

long-term liquids migration 

minimization;

264.552(e)(6)(iv) 

(A)(1)

21-016 IBR
SPA 23

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minimum maintenance; 264.552(e)(6)(iv) 

(A)(2)

21-016 IBR

promote drainage & 

minimize erosion;

264.552(e)(6)(iv) 

(A)(3)

21-016 IBR

accommodate settling and 

subsidence to maintain 

cover integrity; and

264.552(e)(6)(iv) 

(A)(4)

21-016 IBR

permeability less than or 

equal to any bottom liner 

system or natural subsoils

264.552(e)(6)(iv)

(A)(5)

21-016 IBR

RA may determine that 

264.552(e)(6)(iv)(A) 

modifications are needed to 

facilitate treatment or 

performance

264.552(e)(6)(iv) 

(B)

21-016 IBR

post-closure requirements 

to protect human health & 

environment to include 

monitoring & maintenance; 

frequency to ensure 

integrity of cap, final cover 

or other containment 

system 

264.552(e)(6)(v) 21-016 IBR

CAMUs used only for 

storage and/or treatment 

will not have wastes 

remaining after closure; 

such CAMUs designated 

using all 264.552 

requirements, with 

following exceptions

264.552(f) 21-016 IBR

qualified CAMUs that 

operate within 

264.554(d)(1)(iii), (h) & (i) 

time limits are subject to 

specified staging pile 

requirements in lieu of 

264.552(c) & (e)(3)-(6)

264.552(f)(1) 21-016 IBR

qualified CAMUs that do 

not operate within 

264.554(d)(1)(iii), (h) & (i) 

time limits:

264.552(f)(2) 21-016 IBR
SPA 23

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Printed: 10/13/16

must operate with a time 

limit established by RA, no 

longer than necessary to 

achieve timely remedy, and

264.552(f)(2)(i) 21-016 IBR

are subject to specified 

staging pile requirements 

in lieu of 264.552(c) & 

(e)(4) & (6)

264.552(f)(2)(ii) 21-016 IBR

CAMUs with wastes at or 

below remedial levels or 

goals do not have to 

comply with liner, cap, 

ground water monitoring or 

design standards

264.552(g) 21-016 IBR

RA shall provide public 

notice & opportunity for 

comment before 

designating a CAMU; 

notice shall include 

rationale for any proposed 

adjustments

264.552(h) 21-016 IBR

RA may impose additional 

requirements to protect 

human health & the 

environment

264.552(i) 21-016 IBR

incorporation of a CAMU 

into existing permit must 

be approved by RA 

according to 270.41 or 

270.42

264.552(j) 21-016 IBR

CAMU designation does 

not change EPA’s authority 

to address clean-up levels, 

media-specific compliance, 

or other remedy selection 

decisions

264.552(k) 21-016 IBR

STAGING PILES
SPA 23

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add new subparagraph; 

storage includes mixing, 

sizing, blending or other 

similar physical operations 

as long as they prepare 

wastes for subsequent 

management or treatment

264.554(a)(1) 21-016 IBR

add and reserve new 

subparagraph

264.554(a)(2) 21-016 IBR

†,5 DISPOSAL OF CAMU-ELIGIBLE WASTES IN PERMITTED HAZARDOUS WASTE 

LANDFILLS

if 264.555(a)(1)-(3) 

conditions are met, the RA

may approve placement of 

CAMU-eligible wastes in 

hazardous waste landfills 

not at waste origination 

site, without meeting 268 

requirements:

264.555(a) 21-016 IBR

waste meets 264.552(a)(1) 

& (2) definition

264.555(a)(1) 21-016 IBR

RA identifies PHCs in 

waste & requires treatment 

to any of the following 

standards:

264.555(a)(2) 21-016 IBR

264.552(e)(4)(iv); or 264.555(a)(2)(i) 21-016 IBR

264.552(e)(4)(v)(A), (C), 

(D) or (E)(1); or

264.555(a)(2)(ii) 21-016 IBR

264.552(e)(4)(v)(E)(2),

where treatment 

significantly reduces 

toxicity or mobility of 

PHCs, minimizing threat 

posed by waste

264.555(a)(2)(iii) 21-016 IBR

 

5 Revision Checklist 196 added a new section to Subpart S at 264.555 called “Disposal of CAMU-eligible wastes in 

permitted hazardous waste landfills”.
SPA 23

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Printed: 10/13/16

landfill must have RCRA 

permit, meet 264 subpart N 

requirements & be 

authorized to accept 

CAMU-eligible wastes; 

“permit” does not include 

interim status

264.555(a)(3) 21-016 IBR

person seeking approval to 

provide sufficient 

information to enable RA 

to approve placement of 

CAMU-eligible waste; 

information in 264.552(d) 

(1)-(3) required, unless not 

reasonably available

264.555(b) 21-016 IBR

RA shall provide public 

notice & opportunity for 

comment before approving 

CAMU-eligible waste for 

placement off-site; 

approval must be specific 

to a single remediation

264.555(c) 21-016 IBR

applicable part 264 

hazardous waste 

management requirements 

for CAMU-eligible waste 

must be incorporated into 

receiving facility permit 

through permit issuance or 

modification, providing 

notice and opportunity for 

comment & hearing; a 

landfill may not receive 

hazardous CAMU-eligible 

waste unless specifically 

authorized by permit

264.555(d) 21-016 IBR

CAMU-eligible wastes 

may not be placed in 

off-site landfill in 

accordance with 

264.555(d) until:

264.555(e) 21-016 IBR
SPA 23

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owner/operator notifies RA 

& persons on mailing list of 

intent to receive waste; 

contents of notice

264.555(e)(1) 21-016 IBR

within 15 days of 

notification, persons on 

mailing list may provide 

comments to RA

264.555(e)(2) 21-016 IBR

within 30 days of 

notification, RA may 

object to waste placement; 

RA can extend review for 

additional 30 days

264.555(e)(3) 21-016 IBR

RA notifies owner/operator 

that he/she does not object

264.555(e)(4) 21-016 IBR

if RA objects, facility may 

not receive waste until 

objection resolved or 

permit modification under 

270.42 is obtained

264.555(e)(5) 21-016 IBR

RA may modify, reduce or 

eliminate notification 

requirements as part of 

264.555(d) process

264.555(e)(6) 21-016 IBR

generators of 

CAMU-eligible wastes 

sent off-site under 264.555, 

must comply with 

268.7(a)(4); off-site 

facilities treating such 

wastes must comply with 

268.7(b)(4); certification 

with respect to 

264.555(a)(2) treatment 

requirements

264.555(f) 21-016 IBR

for purposes of 264.555 

only, “design of CAMU” in 

264.552(e)(4)(v)(E) means 

design of permitted 

Subtitle C landfill

264.555(g) 21-016 IBR

Ground water monitoring 

wells

N/A 21-016.01X
SPA 23

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Printed: 10/13/16

Interpretive comment: The state requires groundwater monitoring wells to be designed according to 

ASTM Standard D 5092-90. In addition, any groundwater monitoring well to be placed in a 

stratigraphic unit composed of loessal sediment must be designed and sampled in a manner approved 

by the Department intended to minimize turbidity in samples taken from the well. The Federal 

regulations do not have these specific requirements, therefore the State is more stringent.

† Optional
SPA 26

May 2, 2007 - Page 1 of 5

RCRA REVISION CHECKLIST 206

Nonwastewaters from Dyes and Pigments 

70 FR 9138 – 9180

February 24, 2005

(RCRA Cluster XV, HSWA)

As amended on June 16, 2005 at 70 FR 35032

1) A correction was made to this rule at 70 FR 35032 (June 16, 2005). The sections affected are: 40 CFR 

261.32(d)(2) and 261.32(d)(3)(iv)(B). States are encouraged to adopt the correction at the same time 

that the February 24, 2005 provisions are adopted. Those states that will incorporate the July 1, 2005 

Code of Federal Regulations by reference, should include language that references or otherwise includes 

the correction published in the Federal Register on June 16, 2005 to ensure accuracy of regulations. 

2) States are encouraged to adopt these provisions and begin implementing them while seeking 

authorization.

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: December 14, 2014

Date Checklist Completed: April 8, 2015

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 261 – IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A -- GENERAL

EXCLUSIONS

revise paragraph (b)(15) to 

read as follows:

261.4 2-009 X

Leachate or gas condensate 

from landfills where certain 

solid wastes are disposed...

261.4(b)(15)(all) 2-009.13(all) X

SUBPART D – LISTS OF HAZARDOUS WASTES

HAZARDOUS WASTES FROM SPECIFIC SOURCES

amended by designating the 

existing text and table as (a); 

adding a new entry under 

the heading “Organic 

Chemicals” in the table; and 

adding paragraphs (b), (c), 

and (d) to read as follows:

261.32 3-014 X
SPA 26

RCRA REVISION CHECKLIST 206: Nonwastewaters from Dyes and Pigments

(Cont’d)

May 2, 2007 - Page 2 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

261.32(a) reads as follows: 261.32(a) 3-014, Table 5 X

Industry and EPA

hazardous waste No.

Hazardous waste Hazard 

code

* * * * * * *

Organic Chemicals

* * * * * * *

K181..................... Nonwastewaters from the production of dyes and/or pigments (including nonwastewaters

commingled at the point of generation with nonwastewaters from other processes) that, 

at the point of generation, contain mass loadings of any of the constituents identified in 

paragraph (c) of this section that are equal to or greater than the corresponding paragraph 

(c) levels, as determined on a calendar year basis. These wastes will not be hazardous if 

the nonwastewaters are: (i) disposed in a Subtitle D landfill unit subject to the design 

criteria in 258.40, (ii) disposed in a Subtitle C landfill unit subject to either 264.301or 

265.301, (iii) disposed in other Subtitle D landfill units that meet the design criteria in 

258.40, 264.301, or 265.301, or (iv) treated in a combustion unit that is permitted under 

Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For 

the purposes of this listing, dyes and/or pigments production is defined in paragraph 

(b)(1) of this section. Paragraph (d) of this section describes the process for 

demonstrating that a facility’s nonwastewaters are not K181. This listing does not apply 

to wastes that are otherwise identified as hazardous under 216.21-261.24 and 261.31-

261.33. at the point of generation. Also, the listing does not apply to wastes generated 

before any annual mass loading limit is met.

(T)

* * * * * * *

Listing of Specifics for 

K181 

261.32(b)-(d) 3-014.01 IBR

add the following entries in 

alphanumeric order to read 

as follows:

261 Appendix VII Appendix II X

EPA hazardous waste No. Hazardous constituents for which listed

* * * *

K181............................ Aniline, o-anisidine, 4-chloroaniline, p-cresidine, 2,4-dimethylaniline, 1,2-

phenylenediamine, 1,3-phenylenediamine.

* * * *

add the following entries in 

alphabetical order to read as 

follows:

261 Appendix VIII Appendix I X

Common name Chemical abstracts name

Chemical 

abstracts 

No.

Hazardous 

waste No.

* * * * * * *

o-Anisidine (2-methoxyaniline)........ Benzenamine, 2-Methoxy-............... 90-04-0 ..............

* * * * * * *

p-Cresidine....................... 2-Methoxy-5-methylbenzenamine............ 120-71-8 ................
SPA 26

RCRA REVISION CHECKLIST 206: Nonwastewaters from Dyes and Pigments

(Cont’d)

May 2, 2007 - Page 3 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

* * * * * * *

2,4-Dimethylaniline (2,4-

xylidine)..........................

Benzenamine, 2,4-dimethyl-................... 95-68-1 ................

* * * * * * *

1,2-Phenylenediamine.......... 1,2-Benzenediamine............................. 95-54-5 ................

* * * * * * *

1,3-Phenylenediamine.......... 1,3-Benzenediamine............................. 108-45-2 ................

* * * * * * *

PART 268 – LAND DISPOSAL RESTRICTIONS

SUBPART C – PROHIBITIONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBITIONS- DYES AND/OR PIGMENTS PRODUCTION WASTES

amended by adding 268.20 

and adding and reserving 

268.21 through 268.29 to 

read as follows:

268.20 20-008.01 X

SUBPART D – TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS

the Table of Treatment 

Standards is amended by 

revising the entry for F039

to add constituents in 

alphabetical sequence and 

by adding in alphanumeric 

order the entry for K181 to 

read as follows:

268.40/ Treatment 

Standard Table

20-Table 9 X
SPA 26

May 2, 2007 - Page 4 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

TREATMENT STANDARDS FOR HAZARDOUS WASTES

[Note: NA means not applicable]

Waste 

code

Waste description and 

treatment/regulatory 

subcategory1

Regulated hazardous constituent Wastewaters 

Concentration 

in mg/ L3 or 

technology 

code4

Nonwastewater 

Concentration in 

mg/kg5unless 

noted as “mg/L 

TCLP”, or 

technology code

Common name CAS2

* * * * * * *

F039 Leachate (liquids that 

have percolated through 

land disposed wastes) 

resulting from the 

disposal of more than one 

restricted waste classified 

as hazardous under 

Subpart D of this part. 

(Leachate resulting from 

the disposal of one or 

more of the following 

EPA hazardous Wastes 

and no other Hazardous 

Waste retains its EPA 

Hazardous Waste 

Number(s); F020, F021, 

F022, F026, F027, and/or 

F028).

* * * * *

o-Anisidine (2-

methoxyaniline) 90-04-0 0.010 0.66

* * * * *

p-Cresidine....................... 120-71-8 0.010 0.66

* * * * *

2,4-Dimethylaniline (2,4-

xylidine) 95-68-1 0.010 0.66

* * * * *

1,3-Phenylenediamine.......... 108-45-2 0.010 0.66

* * * * *

* * * * * * *

K181 Nonwastewaters from the 

production of dyes and/or 

pigments (including 

nonwastewaters 

commingled at the point 

of generation with 

nonwastewaters from 

other processes) that, at 

the point of generation, 

contain mass loadings of 

any of the constituents 

identified in paragraph (c) 

of section 261.32 that are 

equal to or greater than 

the corresponding 

paragraph (c) levels, as 

determined on a calendar 

year basis.

Aniline........................... 62-53-3 0.81 14

o-Anisidine (2-

methoxyaniline)

90-04-0 0.010 0.66

4-

Chloroaniline.....................

106-47-8 0.46 16

pCresidine..........................120-71-8 0.010 0.66

2,4-Dimethylaniline (2,4-

xylidine)

95-68-1 0.010 0.66

1,2-Phenylenediamine......... 95-54-5 CMBST; or 

CHOXD fb 

(BIODG or 

CARBN); or 

BIODG fb 

CARBN

CMBST; or 

CHOXD fb 

(BIODG or 

CARBN); or 

BIODG fb 

CARBN

1,3-

Phenylenediamine.............

108-45-2 0.010 0.66

* * * * * * *

Footnotes to Treatment Standard Table 268.40
SPA 26

RCRA REVISION CHECKLIST 206: Nonwastewaters from Dyes and Pigments

(Cont’d)

May 2, 2007 - Page 5 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 The waste descriptions provided in this table do not replace waste descriptions in 40 CFR Part 261. Descriptions of 

Treatment/ Regulatory Subcategories are provided, as needed, to distinguish between applicability of different standards

2 CAS means Chemical Abstract Services. When the waste code and/ or regulated constituents are described as a 

combination of a chemical with its salts and/ or esters, the CAS number is given for the parent compound only.

3 Concentration standards for wastewaters are expressed in mg/ L and are based on analysis of composite samples.

4 All treatment standards expressed as a Technology Code or combination of Technology Codes are explained in detain in 

40 CFR 268.42 Table 1- Technology Codes and Descriptions of Technology-Based Standards.

5 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as 

a concentration were established, in part, based upon incineration units operated in accordance with the technical 

requirements of 40 CFR part 264, Subpart O or 40 CFR part 265, Subpart O, or based upon combustion in fuel substitution 

units operating in accordance with applicable technical requirements. A facility may comply with these treatment 

standards according to provisions in 40 CFR 268.40(d). All concentration standards for nonwastewaters are based on 

analysis of grab samples.

UNIVERSAL TREATMENT STANDARDS

amended by adding in 

alphabetical sequence the 

following entries under 

organic constituents:

268.48/ Universal 

Treatment Standards 

Table

20-Table 12 X

Universal Treatment Standards

[Note: NA means not applicable]

Regulated constituent common name CAS1number

Wastewater 

standard 

Concentration in 

mg/L2

Nonwastewater 

standard 

Concentration in 

mg/kg3unless 

noted as “mg/L 

TCLP”

* * * * * * *

o-Anisidine (2-methoxyaniline)............................................... 90-04-0 0.010 0.66

* * * * * * *

p-Cresidine....................................................................... 120-71-8 0.010 0.66

* * * * * * *

2,4-Dimethylaniline (2,4-xylidine)........................................... 95-68-1 0.010 0.66

* * * * * * *

1,3-Phenylenediamine..........................................................

* * * * * * *

Footnotes to Table UTS

1 CAS means Chemical Abstract Services. When the waste code and/ or regulated constituents are described as a 

combination of a chemical with its salts and/ or esters, the CAS number is given for the parent compound only.

2 Concentration standards for wastewaters are expressed in mg/L and are based on analysis of composite samples.

3 Except for Metals (EP or TCLP) and Cyanides ( Total and Amenable) the nonwastewater treatment standards expressed as 

a concentration were established, in part, based upon incineration in units operated in accordance with the technical 

requirements of 40 CFR Part 264, Subpart O, or Part 265, Subpart O, or substitution units operating in accordance with 

applicable technical requirements. A facility may comply with these treatment standards according to provisions in 40 

CFR 268.40(d). All concentration standards for nonwastewaters are based on analysis of grab samples. 
SPA 26

March 4, 2005 - Page 1 of 9

RCRA REVISION CHECKLIST 207

Uniform Hazardous Waste Manifest Rule

70 FR 10776 – 10825

March 4, 2005

(RCRA Cluster XV, HSWA/Non-HSWA)

As amended on June 16, 2005 at 70 FR 35034

1) A correction was made to this rule at 70 FR 35034 (June 16, 2005). The sections affected are: 40 CFR 

262.20(a)(2), 262.33, the Manifest form and continuation sheet, 264.72(e)(4) and 265.72(e)(4). States 

are encouraged to adopt the correction at the same time that the March 4, 2005 provisions are adopted. 

Those states that will incorporate the July 1, 2005 Code of Federal Regulations by reference, should 

include language that references or otherwise includes the correction published in the Federal Register 

on June 16, 2005 to ensure accuracy of regulations.

2) As noted in a May 14, 2007 memorandum from Matt Hale, Director of the Office of Solid Waste, in 40 

CFR 264.72(f)(2) and 265.72(f)(2), the March 4, 2005 final rule in advertently requires the designated 

facility to enter the generator’s name and mailing address in Item 5 of the manifest. Designated 

facilities should enter their own information in Item 5 of the manifest in cases of rejected shipments. 

This checklist reflects the correction of this error.

3) States are encouraged to adopt these provisions and begin implementing them while seeking 

authorization.

Note that revisions to 262.27 were promulgated pursuant to HSWA. 

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: December 14, 2014

Date Checklist Completed: April 9, 2015

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 – HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B -- DEFINITIONS

DEFINITIONS

amended by removing 

“Manifest document 

number,” revising 

“Designated facility” and 

“Manifest,” and adding 

“Manifest tracking number” 

260.10 Title 128, Ch. 1 X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 2 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

to read as follows:

Designated facility means:

(1) A hazardous waste 

TSDF which: (i) Has 

received a permit (or interim 

status) in accordance with 

parts 270 and 124; (ii) Has 

received a permit (or interim 

status) from an authorized 

state; (iii) Is regulated under 

261.6(c)(2) or 266 subpart 

F; and (iv) That has been 

designated on the manifest 

by the generator pursuant to 

262.20. 

(2) A generator site 

designated on the manifest 

to receive its waste as a 

return shipment

(3) If a waste is destined to 

a facility in an authorized 

State which has not obtained 

authorization to regulate that 

waste, then designated 

facility must be a facility 

allowed to accept the waste 

by the receiving State.

260.10 1-037, 1-037.01 

and 1-037.02

X

Manifest means:

Shipping document EPA 

Form 8700-22 (including 

8700-22A), originated and 

signed by generator or 

offeror 

260.10 1-089 X

Manifest tracking number

means: The alphanumeric 

identification number which 

is pre-printed in Item 4 of 

the Manifest.

260.10 1-090 X

PART 261 – IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

SUBPART A -- GENERAL
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 3 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS

amended by revising 

(b)(1)(iii) to read as follows:

261.7 2-015 X

No more than 3% by weight 

of the total capacity remains 

in the container or inner 

liner if the container is less 

than or equal to 119 gallons; 

or

261.7(b)(1)(iii)(A) 2-015.03C X

No more than 0.3% by 

weight of the total capacity 

remains in the container or 

inner liner if the container is 

greater than 119 gallons. 

261.7(b)(1)(iii)(B) 2-015.03D X

PART 262 – STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART B – THE MANIFEST

GENERAL REQUIREMENTS

(a) is revised to read as 

follows:

262.20 10-002.01 X

A generator who transports, 

or offers for transport a 

hazardous waste for offsite 

treatment, storage, or 

disposal, or a TSDF who 

offers for transport a 

rejected hazardous waste 

load, must prepare a 

Manifest on EPA Form 

8700-22, and if necessary, 

EPA Form 8700-22A

262.20(a)(1) 10-002.01A X

MANIFEST TRACKING NUMBERS, MANIFEST PRINTING, AND OBTAINING MANIFESTS

Subpart B 262.21 262.21(all) 10-002.01A1 IBR

WASTE MINIMIZATION CERTIFICATION

add a new 262.27 to read as 

follows:

262.27 10-002.14 X

Waste minimization 

certification.

262.27 10-002.14 X

A generator who initiates a 

shipment of hazardous 

waste must certify to one of 

262.27 10-002.14 X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 4 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

the following statements in 

Item 15 of the uniform 

hazardous waste manifest:

“I am a large quantity 

generator. I have a program 

in place to reduce the 

volume and toxicity of 

waste generated to the 

degree I have determined to 

be economically practicable 

and I have selected the 

practicable method of 

treatment, storage, or 

disposal currently available 

to me which minimizes the 

present and future threat to 

human health and the 

environment;” or

262.27(a) 10-002.14A X

“I am a small quantity 

generator. I have made a 

good faith effort to 

minimize my waste 

generation and select the 

best waste management 

method that is available to 

me and that I can afford.”

262.27(b) 10-002.14B X

SUBPART C – PRE-TRANSPORT REQUIRMENTS

MARKING

revise paragraph (b) to read 

as follows:

262.32 10-003.01 X

Before transporting 

hazardous waste or offering 

hazardous waste for 

transportation off-site, a 

generator must mark each 

container of 119 gallons or 

less used in such 

transportation with the 

following words and 

information in accordance 

262.32(b) 10-003.01D X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 5 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

with the requirements of 49 

CFR 172.304.:

HAZARDOUS WASTE –

Federal Law Prohibits 

Improper Disposal. If 

found, contact the nearest 

police or public safety 

authority or the US EPA.

Generator’s Name and 

Address. Generator’s EPA 

ID Number. Manifest 

Tracking Number.

PLACARDING

revised to read as follows: 262.33

Before transporting 

hazardous waste or offering 

hazardous waste for 

transportation off-site, a 

generator must placard or 

offer the initial transporter 

the appropriate placards 

according to the DOT 

regulations for hazardous 

materials under 49 CFR 

172, subpart F. 

262.33 10-003.01E X

ACCUMULATION TIME

add new paragraph (m) to 

read as follows:

262.34 10-004 X

A generator who sends a 

shipment of hazardous 

waste to a designated 

facility with the 

understanding that the 

designated facility can 

accept and manage the 

waste and later receives that 

shipment back as a rejected 

load or residue may 

accumulate the returned

waste on-site depending on 

262.34(m) 10-004.06 X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 6 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

the amount of hazardous 

waste on-site in that 

calendar month. Upon 

receipt of the returned 

shipment, the generator 

must:

Sign Item 18c of the 

manifest, if the transporter 

returned the shipment using 

the original manifest; or

262.34(m)(1) 10-004.06A X

Sign Item 20 of the manifest 

if the transporter returned 

the shipment using a new 

manifest.

262.34(m)(2) 10-004.06B X

SUBPART E – EXPORTS OF HAZARDOUS WASTE

SPECIAL MANIFEST REQUIREMENTS

revise paragraphs (c) and (e) 

to read as follows:

262.54 10-006 X

In the International 

Shipments block, the 

primary exporter must check 

the export box and enter the 

point of exit (city and State) 

from the U.S.

262.54(c) 10-006 X

The primary exporter may 

obtain the manifest from 

any source that is registered 

with the US EPA as a 

supplier of manifests.

262.54(e) 10-006 X

SUBPART F – IMPORTS OF HAZARDOUS WASTE

IMPORTS OF HAZARDOUS WASTE

revise paragraph (c) and add 

paragraphs (d) and (e) to 

read as follows:

262.60 10-006 X

A person who imports 

hazardous waste may obtain 

the manifest form from any 

source that is registered with 

the US EPA as a supplier of 

manifests.

262.60(c) 10-006 X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 7 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

In the International 

Shipments block, the 

importer must check the 

import box and enter the 

point of entry into the U.S.

262.60(d) 10-006 X

The importer must provide 

the transporter with an 

additional copy of the 

manifest to be submitted by 

the receiving facility to US 

EPA. 

262.60(e) 10-006 X

revised to read as follows: 262/ Appendix

Appendix to Part 262 – Uniform Hazardous Waste Manifest and Instructions (EPA Form 8700-22 and 

8700-22A and Their Instructions)

EPA Form 8700-22 and 

Form 8700-22A and 

Instructions

262/ Appendix 10-002.01A IBR

PART 263 – STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

SUBPART B -- COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING

THE MANIFEST SYSTEM

amended by revising 

paragraphs (a) and (g) to 

read as follows:

263.20 11-006 X

Manifest requirement. 263.20(a)(1)-(2) 11-006.01 and 

006.01A

X

Transporters who transport 

hazardous waste out of the 

United States must:

263.20(g)(all) 11-006.07(all) X

COMPLIANCE WITH THE MANIFEST

If the hazardous waste 

cannot be delivered in 

accordance w/ paragraph (a) 

because of an emergency 

condition, then the 

transporter must contact the 

generator for further 

directions and revise the 

manifest according to 

generator instructions.

263.21(b)(1) 11-006.10 X

If hazardous waste is 263.21(b)(2) 11-006.10A X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 8 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

rejected by the designated 

facility while the transporter 

is on the facility’s premises, 

then the transporter must 

obtain the following:

For a partial load rejection 

or for regulated quantities of 

container residues, a copy of 

the original manifest that 

includes the facility’s date 

and signature, and the 

Manifest Tracking Number 

of the new manifest that will 

accompany shipment and a 

description of the partial 

rejection or container 

residue in the discrepancy 

block of the original 

manifest. The transporter 

must retain a copy of this 

manifest and give remaining 

copies of original to the 

rejecting facility. If the 

transporter is forwarding the 

rejected part of the shipment 

or a regulated container 

residue to an alternate 

facility or returning it to 

generator, the transporter 

must obtain a new manifest 

to accompany the shipment, 

and the new manifest must 

include all of the required 

information.

263.21(b)(2)(i) 11-006.10A1 X

For a full load rejection that 

will be taken back by 

transporter, a copy of the 

original manifest that 

includes the rejecting 

facility’s signature and date 

attesting to rejection, the 

263.21(b)(2)(ii) 11-006.10A2 X
SPA 26

RCRA REVISION CHECKLIST 207: Uniform Hazardous Waste Manifest Rule

(Cont’d)

March 4, 2005 - Page 9 of 9

FEDERAL REQUIREMENTS FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS 

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

description of rejection in 

the discrepancy block, and 

the name, address, phone 

number, and ID number for 

alternate facility to whom 

the shipment must be 

delivered. The transporter 

must retain a copy of the 

manifest and give a copy to 

the rejecting facility. If 

original manifest is not 

used, then transporter must 

obtain a new manifest for 

shipment.

PART 264 – STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART E – MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

264 Subpart E 264.70 – 264.77 21-005 IBR

PART 265 – INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE, TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART E – MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

265 Subpart E 265.70 – 265.77 22-005 IBR
 SPA 34

Checklist 229

July 31, 2013- Page 1 of 1

RCRA REVISION CHECKLIST 229

Conditional Exclusions for Solvent Contaminated Wipes

78 FR 46448-46485

July 31, 2013

(RCRA Cluster XXIII, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

No free liquids 260.10 “no free 

liquids”

1-096 X

Solvent-contaminated wipe 

260.10 “Solventcontaminated

wipe”

1-121 X

Wipe 260.10 “wipe” 1-153 X

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

Add new paragraph by adding 

“Solvent-contaminated wipes 

that are sent for cleaning and 

reuse are not solid wastes from 

the point of generation, provided 

that ”

261.4(a)(26)(all) 2-008.24 IBR

Add new paragraph by adding

”Solvent-contaminated wipes, 

except for wipes that are 

hazardous waste due to the 

presence of trichloroethylene, 

that are sent for disposal are not 

hazardous wastes from the point 

of generation provided that

261.4(b)(18)(all) 2-009.14 IBR
SPA 35

Checklist 233A

January 13, 2015- Page 1 of 5

RCRA REVISION CHECKLIST 233A

Checklist A – Changes affecting all non-waste determinations and variances 

More stringent for all state programs

Revisions to the Definition of Solid Waste

80 FR 1694-1814

January 13, 2015

(RCRA Cluster XXIV, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART C RULEMAKING PETITIONS

STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE

Revise paragraph to read: The 

Administrator may grant requests 

for a variance from classifying as a 

solid waste those hazardous 

secondary materials that have been 

partially reclaimed, but must be 

reclaimed further before recovery is 

completed, if the partial 

reclamation has produced a 

commodity-like material. A 

determination that a partiallyreclaimed material for which the 

variance is sought is commoditylike will be based on whether the 

hazardous secondary material is 

legitimately recycled as specified in 

§ 260.43 of this part and on 

whether all of the following 

decision criteria are satisfied:

260.31(c) 5-001.04 X
SPA 35

Checklist 233A

January 13, 2015- Page 2 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Whether the degree of partial 

reclamation the material has 

undergone is substantial as 

demonstrated by using a partial 

reclamation process other than the 

process that generated the 

hazardous waste;

260.31(c)(1) 5-001.04A X

Whether the partially-reclaimed 

material has sufficient economic 

value that it will be purchased for

further reclamation;

260.31(c)(2) 5-001.04B X

Whether the partially-reclaimed 

material is a viable substitute for a 

product or intermediate produced 

from virgin or raw materials which 

is used in subsequent production 

steps;

260.31(c)(3) 5-001.04C X

Whether there is a market for the 

partially-reclaimed material as 

demonstrated by known 

customer(s) who are further 

reclaiming the material (e.g., 

records of sales and/or contracts 

and evidence of subsequent use, 

such as bills of lading);

260.31(c)(4) 5-001.04D X

Whether the partially-reclaimed 

material is handled to minimize 

loss.

260.31(c)(5) 5-001.04E X

Revise section heading by adding 

“or for non-waste determinations.”

260.33 section 

heading 5-003 X
SPA 35

Checklist 233A

January 13, 2015- Page 3 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Add or revise paragraph (c): In the

event of a change in circumstances 

that affect how a hazardous 

secondary material meets the 

relevant criteria contained in § 

260.31, § 260.32, or § 260.34 upon 

which a variance or non-waste 

determination has been based, the 

applicant must send a description of 

the change in circumstances to the 

Administrator. The Administrator 

may issue a determination that the 

hazardous secondary material 

continues to meet the relevant 

criteria of the variance or nonwaste determination or may require 

the facility to re-apply for the 

variance or non-waste 

determination.

260.33(c) 003.03 X

Add new paragraph 260.33(d): 

Variances and non-waste 

determinations shall be effective for 

a fixed term not to exceed ten 

years. No later than six months 

prior to the end of this term, 

facilities must re-apply for a 

variance or non-waste 

determination. If a facility reapplies for a variance or non-waste 

determination within six months, 

the facility may continue to operate 

under an expired variance or nonwaste determination until receiving 

a decision on their re-application 

from the Administrator.

260.33(d) 5-003.04 X

Add new paragraph 260.33(e): 

Facilities receiving a variance or 

non-waste determination must 

provide notification as required by 

§ 260.42 of this chapter.

260.33(e) 5-003.05 X

1 Add or revise new section 260.42; 

section heading: Notification 

requirement for hazardous 

secondary materials.

260.42 section 

heading 5-008 X
SPA 35

Checklist 233A

January 13, 2015- Page 4 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Hazardous secondary material 

generators, tolling contractors, toll 

manufacturers, reclaimers, and 

intermediate facilities managing 

hazardous secondary materials 

which are excluded from regulation 

under §261.2(a)(2)(ii), 

§261.4(a)(23),(24), or (25) must 

send a notification prior to 

operating under the exclusion(s) 

and by March 1 of each even 

numbered year thereafter to the 

Regional Administrator using EPA 

Form 8700-12 that includes the 

following information:

260.42(a) 5-008.01 X

1 The name, address, and EPA ID 

number (if applicable) of the 

facility;

260.42(a)(1) 5-008.01A X

1 The name and telephone number of 

a contact person; 260.42(a)(2) 5-008.01B X

1 The NAICS code of the facility; 260.42(a)(3) 5-008.01C X

Add or revise to read: The 

regulation under which the 

hazardous secondary materials will 

be managed;

260.42(a)(4) 5-008.01D X

Add or revise to read: When the 

facility began or expects to begin 

managing the hazardous secondary 

materials in accordance with the 

regulation;

260.42(a)(5) 5-008.01E X

Add or revise to read: A list of 

hazardous secondary materials that 

will be managed according to the 

regulation (reported as the EPA 

hazardous waste numbers that 

would apply if the hazardous 

secondary materials were managed 

as hazardous wastes);

260.42(a)(6) 5-008.01F X

Add or revise to read: For each 

hazardous secondary material, 

whether the hazardous secondary 

material, or any portion thereof, 

will be managed in a land-based 

unit;

260.42(a)(7) 5-008.01G X
SPA 35

Checklist 233A

January 13, 2015- Page 5 of 5

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Add or revise to read: The quantity 

of each hazardous secondary 

material to be managed annually; 

and

260.42(a)(8) 5-008.01H X

Add or revise to read: The 

certification (included in EPA Form 

8700-12) signed and dated by an 

authorized representative of the 

facility.

260.42(a)(9) 5-008.01I X

Remove this paragraph 260.42(a)(10) X

Add or revise to read: If a facility 

managing hazardous secondary 

materials has submitted a 

notification, but then subsequently 

stops managing hazardous 

secondary materials in accordance 

with the regulation(s) listed above, 

the facility must notify the 

Regional Administrator within 

thirty (30) days using EPA Form 

8700-12. For purposes of this 

section, a facility has stopped 

managing hazardous secondary 

materials if the facility no longer 

generates, manages and/or reclaims 

hazardous secondary materials 

under the regulation(s) above and 

does not expect to manage any 

amount of hazardous secondary 

materials for at least 1 year.

260.42(b) 5-008.02 X

1 These provisions were promulgated under the 2008 DSW rule (October 30, 2008, 73 FR 64668), and 

are unchanged. States which did not adopt that rule must adopt these provisions.
 SPA 35

Checklist 233B

January 13, 2015- Page 1 of 6

RCRA REVISION CHECKLIST 233B

Legitimacy-related provisions, including prohibition of sham recycling, definition of legitimacy, 

definition of contained 

More stringent for all state programs

Revisions to the Definition of Solid Waste

80 FR 1694-1814

January 13, 2015

(RCRA Cluster XXIV, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

Add Contained to mean” held in a 

unit (including a land-based unit as 

defined in this subpart) that meets 

the following criteria:

260.10 “contained” 1-023 X

(1) The unit is in good condition, 

with no leaks or other continuing or 

intermittent unpermitted releases of 

the hazardous secondary materials 

to the environment, and is 

designed, as appropriate for the 

hazardous secondary materials, to 

prevent releases of hazardous 

secondary materials to the 

environment. Unpermitted releases 

are releases that are not covered by 

a permit (such as a permit to 

discharge to water or air) and may 

include, but are not limited to, 

releases through surface transport 

by precipitation runoff, releases to 

soil and groundwater, wind-blown 

dust, fugitive air emissions, and 

catastrophic unit failures;

260.10 “contained” 1-023.01 X
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

(2) The unit is properly labeled or 

otherwise has a system (such as a 

log) to immediately identify the 

hazardous secondary materials in 

the unit; and

260.10 “contained” 1-023.02 X

(3) The unit holds hazardous 

secondary materials that are 

compatible with other hazardous 

secondary materials placed in the 

unit and is compatible with the 

materials used to construct the unit 

and addresses any potential risks of 

fires or explosions.

260.10 “contained” 1-023.03 X

(4) Hazardous secondary materials 

in units that meet the applicable 

requirements of 40 CFR parts 264 

or 265 are presumptively contained. 

260.10 “contained” 1-023.04 X

1 Add “Hazardous secondary 

material” to mean: a secondary 

material (e.g., spent material, byproduct, or sludge) that, when 

discarded, would be identified as 

hazardous waste under part 261 of 

this chapter.

260.10 “Hazardous 

secondary material”

1-063 X

SUBPART C RULEMAKING PETITIONS

STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE

Add or revise section 260.43; 

section heading: Legitimate 

recycling of hazardous secondary 

materials.

260.43 section 

heading 5-009 X

Recycling of hazardous secondary 

materials for the purpose of the 

exclusions or exemptions from the 

hazardous waste regulations must 

be legitimate. Hazardous secondary 

material that is not legitimately 

recycled is discarded material and 

is a solid waste. In determining if 

their recycling is legitimate, 

persons must address all the 

requirements of this paragraph.

260.43(a) 5-009.01 X
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January 13, 2015 - Page 3 of 6

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Legitimate recycling must involve a 

hazardous secondary material that 

provides a useful contribution to 

the recycling process or to a 

product or intermediate of the 

recycling process. The hazardous 

secondary material provides a 

useful contribution if it:

260.43(a)(1) 5-009.01 X

Contributes valuable ingredients to 

a product or intermediate; or 260.43(a)(1)(i) 5-009.01A1 X

Replaces a catalyst or carrier in the 

recycling process; or 260.43(a)(1)(ii) 5-009.01A2 X

Is the source of a valuable 

constituent recovered in the 

recycling process; or

260.43(a)(1)(iii) 5-009.01A3 X

Is recovered or regenerated by the 

recycling process; or 260.43(a)(1)(iv) 5-009.01A4 X

Is used as an effective substitute for 

a commercial product. 260.43(a)(1)(v) 5-009.01A5 X

The recycling process must produce 

a valuable product or intermediate. 

The product or intermediate is 

valuable if it is:

260.43(a)(2) 5-009.01B X

Sold to a third party; or 260.43(a)(2)(i) 5-009.01B1 X

Used by the recycler or the 

generator as an effective substitute 

for a commercial product or as an 

ingredient or intermediate in an 

industrial process.

260.43(a)(2)(ii) 5-009.01B2 X

The generator and the recycler must 

manage the hazardous secondary 

material as a valuable commodity 

when it is under their control. 

Where there is an analogous raw 

material, the hazardous secondary 

material must be managed, at a 

minimum, in a manner consistent 

with the management of the raw 

material or in an equally protective 

manner. Where there is no 

analogous raw material, the 

hazardous secondary material must 

be contained. Hazardous secondary 

materials that are released to the 

environment and are not recovered 

immediately are discarded.

260.43(a)(3) 5-009.01C X
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January 13, 2015 - Page 4 of 6

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The product of the recycling 

process must be comparable to a 

legitimate product or intermediate:

260.43(a)(4) 5-009.01D X

Where there is an analogous 

product or intermediate, the product 

of the recycling process is 

comparable to a legitimate product 

or intermediate if:

260.43(a)(4)(i) 5-009.01D1 X

The product of the recycling 

process does not exhibit a 

hazardous characteristic (as defined

in part 261 subpart C) that 

analogous products do not exhibit, 

and

260.43(a)(4)(i)(A) 5-009.01D1(a) X

The concentrations of any 

hazardous constituents found in 

appendix VIII of part 261 of this 

chapter that are in the product or 

intermediate are at levels that are 

comparable to or lower than those 

found in analogous products or at 

levels that meet widely-recognized 

commodity standards and 

specifications, in the case where the 

commodity standards and 

specifications include levels that 

specifically address those 

hazardous constituents.

260.43(a)(4)(i)(B) 5-009.01D1(b) X

Where there is no analogous 

product, the product of the 

recycling process is comparable to 

a legitimate product or intermediate 

if:

260.43(a)(4)(ii) 5-009.01D2 X

The product of the recycling 

process is a commodity that meets 

widely recognized commodity 

standards and specifications (e.g., 

commodity specification grades for 

common metals), or

260.43(a)(4)(ii)(A) 5-009.01D2(a) X

The hazardous secondary materials 

being recycled are returned to the 

original process or processes from 

which they were generated to be 

reused (e.g., closed loop recycling).

260.43(a)(4)(ii)(B) 5-009.01D2(b) X
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January 13, 2015 - Page 5 of 6

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

If the product of the recycling 

process has levels of hazardous 

constituents that are not comparable 

to or unable to be compared to a 

legitimate product or intermediate 

per paragraph (a)(4)(i) or (ii) of this 

section, the recycling still may be 

shown to be legitimate, if it meets 

the following specified 

requirements. The person 

performing the recycling must 

conduct the necessary assessment 

and prepare documentation 

showing why the recycling is, in 

fact, still legitimate. The recycling 

can be shown to be legitimate based 

on lack of exposure from toxics in 

the product, lack of the 

bioavailability of the toxics in the 

product, or other relevant 

considerations which show that the 

recycled product does not contain 

levels of hazardous constituents 

that pose a significant human health 

or environmental risk. The 

documentation must include a 

certification statement that the 

recycling is legitimate and must be 

maintained on-site for three years 

after the recycling operation has 

ceased. The person performing the 

recycling must notify the Regional 

Administrator of this activity using 

EPA Form 8700-12.

260.43(a)(4)(iii) 5-009.01D3 X

Remove and reserve 260.43(b) X

Remove and reserve 260.43(c) X

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

1 Remove and reserve 261.2(a)(2)(ii) X

Revise to read: Accumulated, 

stored, or treated (but not recycled) 

before or in lieu of being 

abandoned by being disposed of, 

burned or incinerated; or

261.2(b)(3) 2-003.02A3 X

Add: Sham recycled, as explained 

in paragraph (g) of this section. 261.2(b)(4) 2-003.02A4 X
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January 13, 2015 - Page 6 of 6

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Add: Sham recycling. A hazardous 

secondary material found to be 

sham recycled is considered 

discarded and a solid waste. Sham 

recycling is recycling that is not 

legitimate recycling as defined in § 

260.43.

261.2(g) 2-003.07 X

1 This provision was promulgated under the October 30, 2008 rule and is unaffected by today’s rule. 

2 The removal of section 261.2(a)(2)(ii) is necessary only in those states which have adopted the 2008 DSW rule 

(October 30, 2008, 73 FR 64668). In addition to adding 261.2(a)(2)(ii), the 2008 DSW rule also renumbered the 

previous 261.2(a)(2)(i)-(iv) as 261.2(a)(2)(i)(A)-(D).
 SPA 35

Checklist 233C

January 13, 2015- Page 1 of 1

RCRA REVISION CHECKLIST 233C

Speculative Accumulation

More stringent for all state programs

Revisions to the Definition of Solid Waste

80 FR 1694-1814

January 13, 2015

(RCRA Cluster XXIV, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS 

STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

Revise to read: A material is “accumulated 

speculatively” if it is accumulated before being 

recycled. A material is not accumulated 

speculatively, however, if the person accumulating it 

can show that the material is potentially recyclable 

and has a feasible means of being recycled; and that 

– during the calendar year (commencing on January 

1) – the amount of material that is recycled, or 

transferred to a different site for recycling, equals at 

least 75 percent by weight or volume of the amount 

of that material accumulated at the beginning of the 

period. Materials must be placed in a storage unit 

with a label indicating the first date that the material 

began to be accumulated. If placing a label on the 

storage unit is not practicable, the accumulation 

period must be documented through an inventory log 

or other appropriate method. In calculating the 

percentage of turnover, the 75 percent requirement is 

to be applied to each material of the same type (e.g., 

slags from a single smelting process) that is recycled 

in the same way (i.e., from which the same material 

is recovered or that is used in the same way). 

Materials accumulating in units that would be 

exempt from regulation under § 261.4(c) are not to 

be included in making the calculation. Materials that 

are already defined as solid wastes also are not to be 

included in making the calculation. Materials are no 

longer in this category once they are removed from 

accumulation for recycling, however. 

261.1(c)(8) 2-002.07 X
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January 13, 2015- Page 1 of 29

RCRA REVISION CHECKLIST 233D2

2008 DSW exclusions and non-waste determinations, including revisions from 2015 DSW final 

rule 

Less stringent for states not operating under 2008 DSW rule

Revisions to the Definition of Solid Waste

80 FR 1694-1814

January 13, 2015

(RCRA Cluster XXIV, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulations Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

Remove “hazardous secondary material 

generated and reclaimed under the control 

of the generator”

260.10 

n/a - Nebraska 

did not adopt 

2008 DSW rule

X

1 Revise facility to mean: 260.10 “facility” 1-052 X

1 (1) All contiguous land, and structures, 

other appurtenances, and improvements 

on the land, used for treating, storing, or 

disposing of hazardous waste, or for 

managing hazardous secondary materials 

prior to reclamation. A facility may 

consist of several treatment, storage, or 

disposal operational units (e.g., one or 

more landfills, surface impoundments, or 

combinations of them).

260.10 “facility” 1-052.01 X

1 (2) For the purpose of implementing 

corrective action under 40 CFR 264.101 

or 267.101, all contiguous property under 

the control of the owner or operator 

seeking a permit under Subtitle C of 

RCRA. This definition also applies to 

facilities implementing corrective action 

under RCRA Section 3008(h).

260.10 “facility” 1-052.02 X

Interpretive Comment: Nebraska omits the reference to 40 CFR 267.101 as Nebraska does not have a 

standardized permit program under 40 CFR Part 267.
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 (3) Notwithstanding paragraph (2) of this 

definition, a remediation waste 

management site is not a facility that is 

subject to 40 CFR 264.101, but is subject 

to corrective action requirements if the 

site is located within such a facility.

260.10 “facility” 1-052.03 X

1 Add “Hazardous secondary material 

generator” to mean” any person whose 

act or process produces hazardous 

secondary materials at the generating 

facility. For purposes of this paragraph, 

“generating facility” means all 

contiguous property owned, leased, or 

otherwise controlled by the hazardous 

secondary material generator. For the 

purposes of §261.2(a)(2)(ii) and 

§261.4(a)(23), a facility that collects 

hazardous secondary materials from other 

persons is not the hazardous secondary 

material generator.

260.10 “Hazardous 

secondary material

generator”

1-064 X

Interpretive Comment: As of January 11, 2016, 40 CFR §261.2(a)(2)(ii) reads as"(ii) [Reserved]". For purposes 

of regulatory clarity and simplicity, Nebraska does not reserve headings or sections until the substantive 

regulatory content is promulgated.

1 Add “Intermediate facility” to mean:

any facility that stores hazardous 

secondary materials for more than 10

days, other than a hazardous 

secondary material generator or 

reclaimer of such material.

260.10 

“Intermediate 

facility”

1-079 X

1 Add “Land-based unit” to mean: an 

area where hazardous secondary 

materials are placed in or on the land 

before recycling. This definition does 

not include land-based production 

units.

260.10 “Landbased unit”

1-081 X

1 Revise “Transfer facility” to mean:

any transportation-related facility,

including loading docks, parking 

areas, storage areas and other similar 

areas where shipments of hazardous 

waste or hazardous secondary 

materials are held during the normal 

course of transportation.

260.10 “Transfer 

facility”

1-133 X

SUBPART C RULEMAKING PETITIONS

STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE
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January 13, 2015 - Page 3 of 29

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 Revise section Heading: Non-waste 

determinations and variances from 

classification as a solid waste.

260.30 5-001 X

1 Revise introductory text: In accordance 

with the standards and criteria in 

§260.31 and §260.34 and the 

procedures in §260.33, the 

Administrator may determine on a 

case-by-case basis that the following 

recycled materials are not solid 

wastes:

260.30 5-001.01 X

1 Revise paragraph to read: Materials that 

are reclaimed and then reused within the 

original production process in which they 

were generated;

260.30(b) 5-001.01B X

1 Add paragraph: Hazardous secondary 

materials that are reclaimed in a 

continuous industrial process; and

260.30(d) 5-001.01D X

1 Add paragraph: Hazardous secondary 

materials that are indistinguishable in all 

relevant aspects from a product or 

intermediate.

260.30(e) 5-001.01E X

Add new paragraph (f): Hazardous 

secondary materials that are transferred 

for reclamation under § 261.4(a)(24) and 

are managed at a verified reclamation 

facility or intermediate facility where the 

management of the hazardous secondary 

materials is not addressed under a RCRA 

Part B permit or interim status standards.

260.30(f) 5-001.01F X

Add new paragraph (d): The 

Administrator may grant requests for a 

variance from classifying as a solid waste 

those hazardous secondary materials that 

are transferred for reclamation under § 

261.4(a)(24) and are managed at a 

verified reclamation facility or 

intermediate facility where the 

management of the hazardous secondary 

materials is not addressed under a RCRA 

Part B permit or interim status standards. 

The Administrator's decision will be

based on the following criteria:

260.31(d) 5-001.05 X
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The reclamation facility or intermediate 

facility must demonstrate that the 

reclamation process for the hazardous 

secondary materials is legitimate pursuant 

to § 260.43;

260.31(d)(1) 5-001.05A X

The reclamation facility or intermediate 

facility must satisfy the financial 

assurance condition in § 

261.4(a)(24)(vi)(F);

260.31(d)(2) 5-001.05B X

The reclamation facility or intermediate 

facility must not be subject to a formal 

enforcement action in the previous three 

years and not be classified as a significant 

non-complier under RCRA Subtitle C, or 

must provide credible evidence that the 

facility will manage the hazardous 

secondary materials properly. Credible 

evidence may include a demonstration 

that the facility has taken remedial steps 

to address the violations and prevent 

future violations, or that the violations are 

not relevant to the proper management of 

the hazardous secondary materials;

260.31(d)(3) 5-001.05C X

The intermediate or reclamation facility 

must have the equipment and trained 

personnel needed to safely manage the 

hazardous secondary material and must 

meet emergency preparedness and 

response requirements under 40 CFR part 

261 subpart M;

260.31(d)(4) 5-001.05D X

If residuals are generated from the 

reclamation of the excluded hazardous 

secondary materials, the reclamation 

facility must have the permits required (if 

any) to manage the residuals, have a 

contract with an appropriately permitted 

facility to dispose of the residuals or 

present credible evidence that the 

residuals will be managed in a manner 

that is protective of human health and the 

environment, and

260.31(d)(5) 5-001.05E X
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January 13, 2015 - Page 5 of 29

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The intermediate or reclamation facility 

must address the potential for risk to 

proximate populations from unpermitted 

releases of the hazardous secondary 

material to the environment ( i.e., releases 

that are not covered by a permit, such as a 

permit to discharge to water or air), 

which may include, but are not limited to, 

potential releases through surface 

transport by precipitation runoff, releases 

to soil and groundwater, wind-blown 

dust, fugitive air emissions, and 

catastrophic unit failures), and must 

include consideration of potential 

cumulative risks from other nearby 

potential stressors.

260.31(d)(6) 5-001.05F X

1 Revise section heading to read as follows: 

Procedures for variances from 

classification as a solid waste, for 

variances to be classified as a boiler, or 

for non-waste determinations.

260.33 heading 5-003 X

1 Revise introductory text to read as 

follows: The Administrator will use the 

following procedures in evaluating 

applications for variances from 

classification as a solid waste, 

applications to classify particular 

enclosed controlled flame combustion 

devices as boilers, or applications for 

non-waste determinations.

260.33 5-003 X

1 Revise to read as follows: The applicant 

must apply to the Administrator for the 

variance or non-waste determination. 

The application must address the relevant 

criteria contained in §260.31, §260.32, or 

§260.34, as applicable.

260.33(a) 5-003.01 X

1 Add new section 260.34 260.34

1 Add section heading to read as follows: 

Standards and criteria for non-waste 

determinations.

260.34 5-004 X
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January 13, 2015 - Page 6 of 29

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 An applicant may apply to the 

Administrator for a formal determination 

that a hazardous secondary material is not 

discarded and therefore not a solid waste. 

The determinations will be based on the 

criteria contained in paragraphs (b) or (c) 

of this section, as applicable. If an 

application is denied, the hazardous 

secondary material might still be eligible 

for a solid waste variance or exclusion 

(for example, one of the solid waste 

variances under §260.31). Determinations 

may also be granted by the State if the 

State is either authorized for this 

provision or if the following conditions 

are met:

260.34(a) 5-004.01 X

1 The State determines the hazardous 

secondary material meets the criteria in 

paragraphs (b) or (c) of this section, as 

applicable;

260.34(a)(1) 5-004.01A X

1 The State requests that EPA review its 

determination; and 260.34(a)(2) 5-004.01B X

1 EPA approves the State determination. 260.34(a)(3) 5-004.01C X

The Administrator may grant a non-waste 

determination for hazardous secondary 

material which is reclaimed in a 

continuous industrial process if the 

applicant demonstrates that the hazardous 

secondary material is a part of the 

production process and is not discarded. 

The determination will be based on 

whether the hazardous secondary material 

is legitimately recycled as specified in 

§260.43 and on the following criteria:

260.34(b) 5-004.02 X

1 The extent that the management of the 

hazardous secondary material is part of 

the continuous primary production 

process and is not waste treatment;

260.34(b)(1) 5-004.02A X

1 Whether the capacity of the production 

process would use the hazardous 

secondary material in a reasonable time 

frame and ensure that the hazardous 

secondary material will not be abandoned 

(for example, based on past practices, 

market factors, the nature of the 

hazardous secondary material, or any 

contractual arrangements);

260.34(b)(2) 5-004.02B X
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January 13, 2015 - Page 7 of 29

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 Whether the hazardous constituents in the 

hazardous secondary material are 

reclaimed rather than released to the air, 

water or land at significantly higher 

levels from either a statistical or from a 

health and environmental risk perspective 

than would otherwise be released by the 

production process; and

260.34(b)(3) 5-004.02C X

Other relevant factors that demonstrate 

the hazardous secondary material is not 

discarded, including why the hazardous 

secondary material cannot meet, or 

should not have to meet, the conditions of 

an exclusion under § 261.2 or § 261.4 of 

this chapter.

260.34(b)(4) 5-004.02D X

1 The Administrator may grant a non-waste 

determination for hazardous secondary 

material which is indistinguishable in all 

relevant aspects from a product or 

intermediate if the applicant demonstrates 

that the hazardous secondary material is 

comparable to a product or intermediate 

and is not discarded. The determination 

will be based on whether the hazardous 

secondary material is legitimately 

recycled as specified in §260.43 and on 

the following criteria:

260.34(c) 5-004.03 X

1 Whether market participants treat the 

hazardous secondary material as a 

product or intermediate rather than a 

waste (for example, based on the current 

positive value of the hazardous secondary 

material, stability of demand, or any 

contractual arrangements);

260.34(c)(1) 5-004.03A X

1 Whether the chemical and physical 

identity of the hazardous secondary 

material is comparable to commercial 

products or intermediates;

260.34(c)(2) 5-004.03B X

1 Whether the capacity of the market would 

use the hazardous secondary material in a 

reasonable time frame and ensure that the 

hazardous secondary material will not be 

abandoned (for example, based on past 

practices, market factors, the nature of the 

hazardous secondary material, or any 

contractual arrangements);

260.34(c)(3) 5-004.03C X
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Checklist 233D2

January 13, 2015 - Page 8 of 29

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

1 Whether the hazardous constituents in the 

hazardous secondary material are 

reclaimed rather than released to the air, 

water or land at significantly higher 

levels from either a statistical or from a 

health and environmental risk perspective 

than would otherwise be released by the 

production process; and

260.34(c)(4) 5-004.03D X

Other relevant factors that demonstrate 

the hazardous secondary material is not 

discarded, including why the hazardous 

secondary material cannot meet, or 

should not have to meet, the conditions of 

an exclusion under § 261.2 or § 261.4 of 

this chapter.

260.34(c)(5) 5-004.03E X

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

Revise paragraph as follows: A material 

is “reclaimed” if it is processed to recover 

a usable product, or if it is regenerated. 

Examples are recovery of lead values 

from spent batteries and regeneration of 

spent solvents. In addition, for purposes 

of § 261.4(a)(23) and (24), smelting, 

melting, and refining furnaces are 

considered to be solely engaged in metals 

reclamation if the metal recovery from 

the hazardous secondary materials meets 

the same requirements as those specified 

for metals recovery from hazardous waste 

found in § 266.100(d)(1) through (3) of 

this chapter, and if the residuals meet the 

requirements specified in § 266.112 of 

this chapter.

261.1(c)(4) 2-002.03 X

Add or revise: Reclaimed. Materials 

noted with a “–” in column 3 of Table 1 

are not solid wastes when reclaimed. 

Materials noted with an “*” in column 3 

of Table 1 are solid wastes when 

reclaimed unless they meet the 

requirements of §§ 261.4(a)(17), or 

261.4(a)(23), 261.4(a)(24), or 

261.4(a)(27).

261.2(c)(3) 2-003.03C X

Interpretive Comment: Nebraska omits the reference to § 261.4(a)(17) as Nebraska has not adopted that 

exclusion.
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Revise column 3 to read: Reclamation (§ 

261.2(c)(3)), except as provided in §§ 

261.4(a)(17), 261.4(a)(23), 261.4(a)(24) 

or 261.4(a)(27).

261.2(c)(4) table 1 2-003.03/Table 

1

Add section 261.4(a)(23) as follows: 

Hazardous secondary material generated 

and legitimately reclaimed within the 

United States or its territories and under 

the control of the generator, provided that 

the material complies with paragraphs 

(a)(23)(i) and (ii) of this section:

261.4(a)(23) 

introductory text 2-008.25 IBR

The hazardous secondary material is 

generated and reclaimed at the generating 

facility (for purposes of this definition, 

generating facility means all contiguous 

property owned, leased, or otherwise 

controlled by the hazardous secondary 

material generator); or

261.4(a)(23)(i)(A) 2-008.25 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The hazardous secondary material is 

generated and reclaimed at different 

facilities, if the reclaiming facility is 

controlled by the generator or if both the 

generating facility and the reclaiming 

facility are controlled by a person as 

defined in § 260.10 of this chapter, and if 

the generator provides one of the 

following certifications: “on behalf of 

[insert generator facility name], I certify 

that this facility will send the indicated 

hazardous secondary material to [insert 

reclaimer facility name], which is 

controlled by [insert generator facility 

name] and that [insert name of either 

facility] has acknowledged full 

responsibility for the safe management of 

the hazardous secondary material,” or “on 

behalf of [insert generator facility name], 

I certify that this facility will send the 

indicated hazardous secondary material to 

[insert reclaimer facility name], that both 

facilities are under common control, and 

that [insert name of either facility] has 

acknowledged full responsibility for the 

safe management of the hazardous 

secondary material.” For purposes of this 

paragraph, “control” means the power to 

direct the policies of the facility, whether 

by the ownership of stock, voting rights, 

or otherwise, except that contractors who 

operate facilities on behalf of a different 

person as defined in § 260.10 shall not be 

deemed to “control” such facilities. The 

generating and receiving facilities must 

both maintain at their facilities for no less 

than three years records of hazardous 

secondary materials sent or received 

under this exclusion. In both cases, the 

records must contain the name of the 

transporter, the date of the shipment, and 

the type and quantity of the hazardous 

secondary material shipped or received 

under the exclusion. These requirements 

may be satisfied by routine business 

records (e.g., financial records, bills of 

lading, copies of DOT shipping papers, or 

electronic confirmations); or

261.4(a)(23)(i)(B) 2-008.25 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The hazardous secondary material is 

generated pursuant to a written contract 

between a tolling contractor and a toll 

manufacturer and is reclaimed by the tolling 

contractor, if the tolling contractor certifies 

the following: “On behalf of [insert tolling 

contractor name], I certify that [insert tolling 

contractor name] has a written contract with 

[insert toll manufacturer name] to 

manufacture [insert name of product or 

intermediate] which is made from specified 

unused materials, and that [insert tolling 

contractor name] will reclaim the hazardous 

secondary materials generated during this 

manufacture. On behalf of [insert tolling 

contractor name], I also certify that [insert 

tolling contractor name] retains ownership of, 

and responsibility for, the hazardous 

secondary materials that are generated during 

the course of the manufacture, including any 

releases of hazardous secondary materials that 

occur during the manufacturing process”. The 

tolling contractor must maintain at its facility 

for no less than three years records of 

hazardous secondary materials received 

pursuant to its written contract with the 

tolling manufacturer, and the tolling 

manufacturer must maintain at its facility for 

no less than three years records of hazardous 

secondary materials shipped pursuant to its 

written contract with the tolling contractor. In 

both cases, the records must contain the name 

of the transporter, the date of the shipment, 

and the type and quantity of the hazardous 

secondary material shipped or received 

pursuant to the written contract. These 

requirements may be satisfied by routine 

business records (e.g., financial records, bills 

of lading, copies of DOT shipping papers, or 

electronic confirmations). For purposes of 

this paragraph, tolling contractor means a 

person who arranges for the production of a 

product or intermediate made from specified 

unused materials through a written contract 

with a toll manufacturer. Toll manufacturer 

means a person who produces a product or 

intermediate made from specified unused 

materials pursuant to a written contract with a 

tolling contractor.

261.4(a)(23)(i)(C) 2-008.25 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The hazardous secondary material is 

contained as defined in § 260.10 of this 

chapter. A hazardous secondary material 

released to the environment is discarded 

and a solid waste unless it is immediately 

recovered for the purpose of reclamation. 

Hazardous secondary material managed 

in a unit with leaks or other continuing or 

intermittent unpermitted releases is 

discarded and a solid waste.

261.4(a)(23)(ii)(A) 2-008.25 IBR

The hazardous secondary material is not 

speculatively accumulated, as defined in 

§ 261.1(c)(8).

261.4(a)(23)(ii)(B) 2-008.25 IBR

Notice is provided as required by § 

260.42 of this chapter. 261.4(a)(23)(ii)(C) 2-008.25 IBR

The material is not otherwise subject to 

material-specific management conditions 

under paragraph (a) of this section when 

reclaimed, and it is not a spent lead-acid 

battery (see § 266.80 and § 273.2 of this 

chapter).

261.4(a)(23)(ii)(D) 2-008.25 IBR

Persons performing the recycling of 

hazardous secondary materials under this 

exclusion must maintain documentation 

of their legitimacy determination on-site. 

Documentation must be a written 

description of how the recycling meets all 

four factors in § 260.43(a). 

Documentation must be maintained for 

three years after the recycling operation 

has ceased.

261.4(a)(23)(ii)(E) 2-008.25 IBR

The emergency preparedness and 

response requirements found in subpart 

M of this part are met.

261.4(a)(23)(ii)(F) 2-008.25 IBR

Add section 261.4(a)(24) as follows: 

Hazardous secondary material that is 

generated and then transferred to a 

verified reclamation facility for the 

purpose of reclamation is not a solid 

waste, provided that:

261.4(a)(24) 

introductory text 2-008.26 IBR

The material is not speculatively 

accumulated, as defined in § 261.1(c)(8); 261.4(a)(24)(i) 2-008.26 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The material is not handled by any person 

or facility other than the hazardous 

secondary material generator, the 

transporter, an intermediate facility or a 

reclaimer, and, while in transport, is not 

stored for more than 10 days at a transfer 

facility, as defined in §260.10 of this 

chapter, and is packaged according to 

applicable Department of Transportation 

regulations at 49 CFR parts 173, 178, and 

179 while in transport;

261.4(a)(24)(ii) 2-008.26 IBR

The material is not otherwise subject to 

material-specific management conditions 

under this paragraph (a) when reclaimed, 

and it is not a spent lead-acid battery (see 

§§ 266.80 and 273.2 of this chapter);

261.4(a)(24)(iii) 2-008.26 IBR

The reclamation of the material is 

legitimate, as specified under § 260.43 of 

this chapter;

261.4(a)(24)(iv) 2-008.26 IBR

The hazardous secondary material 

generator satisfies all of the following 

conditions:

261.4(a)(24)(v) 2-008.26 IBR

The material must be contained as 

defined in § 260.10. A hazardous 

secondary material released to the 

environment is discarded and a solid 

waste unless it is immediately recovered 

for the purpose of recycling. Hazardous 

secondary material managed in a unit 

with leaks or other continuing releases is 

discarded and a solid waste.

261.4(a)(24)(v)(A) 2-008.26 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The hazardous secondary material 

generator must arrange for transport of 

hazardous secondary materials to a 

verified reclamation facility (or facilities) 

in the United States. A verified 

reclamation facility is a facility that has 

been granted a variance under § 

260.31(d), or a reclamation facility where 

the management of the hazardous 

secondary materials is addressed under a 

RCRA Part B permit or interim status 

standards. If the hazardous secondary 

material will be passing through an 

intermediate facility, the intermediate 

facility must have been granted a 

variance under § 260.31(d) or the 

management of the hazardous secondary 

materials at that facility must be 

addressed under a RCRA Part B permit or 

interim status standards, and the 

hazardous secondary material generator 

must make contractual arrangements with 

the intermediate facility to ensure that the 

hazardous secondary material is sent to 

the reclamation facility identified by the 

hazardous secondary material generator.

261.4(a)(24)(v)(B) 2-008.26 IBR

The hazardous secondary material 

generator must maintain at the generating 

facility for no less than three (3) years 

records of all off-site shipments of 

hazardous secondary materials. For each 

shipment, these records must, at a 

minimum, contain the following 

information:

261.4(a)(24)(v)(C) 2-008.26 IBR

Name of the transporter and date of the 

shipment; 261.4(a)(24)(v)(C)(1) 2-008.26 IBR

Name and address of each reclaimer and, 

if applicable, the name and address of 

each intermediate facility to which the 

hazardous secondary material was sent;

261.4(a)(24)(v)(C)(2) 2-008.26 IBR

The type and quantity of hazardous 

secondary material in the shipment. 261.4(a)(24)(v)(C)(3) 2-008.26 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The hazardous secondary material 

generator must maintain at the generating 

facility for no less than three (3) years 

confirmations of receipt from each 

reclaimer and, if applicable, each 

intermediate facility for all off-site 

shipments of hazardous secondary 

materials. Confirmations of receipt must 

include the name and address of the 

reclaimer (or intermediate facility), the 

type and quantity of the hazardous 

secondary materials received and the date 

which the hazardous secondary materials 

were received. This requirement may be 

satisfied by routine business records (e.g., 

financial records, bills of lading, copies 

of DOT shipping papers, or electronic 

confirmations of receipt);

261.4(a)(24)(v)(D) 2-008.26 IBR

The hazardous secondary material 

generator must comply with the 

emergency preparedness and response 

conditions in subpart M of this part.

261.4(a)(24)(v)(E) 2-008.26 IBR

Reclaimers of hazardous secondary 

material excluded from regulation under 

this exclusion and intermediate facilities 

as defined in §260.10 of this chapter 

satisfy all of the following conditions:

261.4(a)(24)(vi) 2-008.26 IBR

The reclaimer and intermediate facility 

must maintain at its facility for no less 

than three (3) years records of all 

shipments of hazardous secondary 

material that were received at the facility 

and, if applicable, for all shipments of 

hazardous secondary materials that were 

received and subsequently sent off-site 

from the facility for further reclamation. 

For each shipment, these records must at 

a minimum contain the following 

information:

261.4(a)(24)(vi)(A) 2-008.26 IBR

Name of the transporter and date of the 

shipment; 261.4(a)(24)(vi)(A)(1) 2-008.26 IBR

Name and address of the hazardous 

secondary material generator and, if 

applicable, the name and address of the 

reclaimer or intermediate facility which 

the hazardous secondary materials were 

received from;

261.4(a)(24)(vi)(A)(2) 2-008.26 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The type and quantity of hazardous 

secondary material in the shipment; and 261.4(a)(24)(vi)(A)(3) 2-008.26 IBR

For hazardous secondary materials that, 

after being received by the reclaimer or 

intermediate facility, were subsequently 

transferred off-site for further 

reclamation, the name and address of the 

(subsequent) reclaimer and, if applicable, 

the name and address of each 

intermediate facility to which the 

hazardous secondary material was sent.

261.4(a)(24)(vi)(A)(4) 2-008.26 IBR

The intermediate facility must send the 

hazardous secondary material to the 

reclaimer(s) designated by the hazardous 

secondary materials generator.

261.4(a)(24)(vi)(B) 2-008.26 IBR

The reclaimer and intermediate facility 

must send to the hazardous secondary 

material generator confirmations of 

receipt for all off-site shipments of 

hazardous secondary materials. 

Confirmations of receipt must include the 

name and address of the reclaimer (or 

intermediate facility), the type and 

quantity of the hazardous secondary 

materials received and the date which the 

hazardous secondary materials were 

received. This requirement may be 

satisfied by routine business records (e.g., 

financial records, bills of lading, copies 

of DOT shipping papers, or electronic 

confirmations of receipt).

261.4(a)(24)(vi)(C) 2-008.26 IBR

The reclaimer and intermediate facility 

must manage the hazardous secondary 

material in a manner that is at least as 

protective as that employed for analogous 

raw material and must be contained. An 

“analogous raw material” is a raw 

material for which a hazardous secondary 

material is a substitute and serves the 

same function and has similar physical 

and chemical properties as the hazardous 

secondary material.

261.4(a)(24)(vi)(D) 2-008.26 IBR
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FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Any residuals that are generated from 

reclamation processes will be managed in 

a manner that is protective of human 

health and the environment. If any 

residuals exhibit a hazardous 

characteristic according to subpart C of 

40 CFR part 261, or if they themselves 

are specifically listed in subpart D of 40 

CFR part 261, such residuals are 

hazardous wastes and must be managed 

in accordance with the applicable 

requirements of 40 CFR parts 260 

through 272.

261.4(a)(24)(vi)(E) 2-008.26 IBR

The reclaimer and intermediate facility 

have financial assurance as required 

under subpart H of 40 CFR part 261,

261.4(a)(24)(vi)(F) 2-008.26 IBR

The reclaimer and intermediate facility 

have been granted a variance under 

§260.31(d) or have a RCRA Part B 

permit or interim status standards that 

address the management of the hazardous 

secondary materials; and

261.4(a)(24)(vi)(G) 2-008.26 IBR

All persons claiming the exclusion under 

this paragraph (a)(24) of this section 

provide notification as required under § 

260.42 of this chapter.

261.4(a)(24)(vii) 2-008.26 IBR

Remove and reserve 261.4(a)(25) X

SUBPART H FINANCIAL REQUIREMENTS FOR MANAGEMENT OF EXCLUDED HAZARDOUS 

SECONDARY MATERIALS

2 Add new Subpart H to Part 261 as 

follows: Financial Requirements for 

Management of Excluded Hazardous 

Secondary Materials

261 Subpart H 3-022 X

Add and Reserve Subparts K-L 261 Subparts K-L See comment

Interpretive Comment: For purposes of regulatory clarity and simplicity, Nebraska does not reserve headings or 

sections until the substantive regulatory content is promulgated.

SUBPART M EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED 

HAZARDOUS SECONDARY MATERIALS

Add new Subpart M to Part 261 as 

follows: Subpart M—Emergency 

Preparedness and Response for 

Management of Excluded Hazardous 

Secondary Materials

261 Subpart M 3-025 X

Add Heading: Applicability 261.400 3-025 IBR
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Add introductory text: The requirements 

of this subpart apply to those areas of an 

entity managing hazardous secondary 

materials excluded under § 261.4(a)(23) 

and/or (24) where hazardous secondary 

materials are generated or accumulated 

on site.

261.400 3-025 IBR

A generator of hazardous secondary 

material, or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d), that accumulates 6000 kg or 

less of hazardous secondary material at 

any time must comply with §§ 261.410 

and 261.411.

261.400(a) 3-025 IBR

A generator of hazardous secondary 

material, or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) that accumulates more than 

6000 kg of hazardous secondary material 

at any time must comply with §§ 261.410 

and 261.420.

261.400(b) 3-025 IBR

Add Heading: Preparedness and 

prevention 261.410 3-025 IBR

Maintenance and operation of facility.

Facilities generating or accumulating 

hazardous secondary material must be 

maintained and operated to minimize the 

possibility of a fire, explosion, or any 

unplanned sudden or non-sudden release 

of hazardous secondary materials or 

hazardous secondary material 

constituents to air, soil, or surface water 

which could threaten human health or the 

environment.

261.410(a) 3-025 IBR

Required equipment. All facilities 

generating or accumulating hazardous 

secondary material must be equipped 

with the following, unless none of the 

hazards posed by hazardous secondary 

material handled at the facility could 

require a particular kind of equipment 

specified below:

261.410(b) 3-025 IBR

An internal communications or alarm 

system capable of providing immediate 

emergency instruction (voice or signal) to 

facility personnel;

261.410(b)(1) 3-025 IBR
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A device, such as a telephone 

(immediately available at the scene of 

operations) or a hand-held two-way radio, 

capable of summoning emergency 

assistance from local police departments, 

fire departments, or state or local 

emergency response teams;

261.410(b)(2) 3-025 IBR

Portable fire extinguishers, fire control 

equipment (including special 

extinguishing equipment, such as that 

using foam, inert gas, or dry chemicals), 

spill control equipment, and 

decontamination equipment; and

261.410(b)(3) 3-025 IBR

Water at adequate volume and pressure to 

supply water hose streams, or foam 

producing equipment, or automatic 

sprinklers, or water spray systems.

261.410(b)(4) 3-025 IBR

Testing and maintenance of equipment.

All facility communications or alarm 

systems, fire protection equipment, spill 

control equipment, and decontamination 

equipment, where required, must be 

tested and maintained as necessary to 

assure its proper operation in time of 

emergency.

261.410(c) 3-025 IBR

Access to communications or alarm 

system.

261.410(d) 3-025 IBR

Whenever hazardous secondary material 

is being poured, mixed, spread, or 

otherwise handled, all personnel involved 

in the operation must have immediate 

access to an internal alarm or emergency 

communication device, either directly or 

through visual or voice contact with 

another employee, unless such a device is 

not required under paragraph (b) of this 

section.

261.410(d)(1) 3-025 IBR

If there is ever just one employee on the 

premises while the facility is operating, 

he must have immediate access to a 

device, such as a telephone (immediately 

available at the scene of operation) or a 

hand-held two-way radio, capable of 

summoning external emergency 

assistance, unless such a device is not 

required under paragraph (b) of this 

section.

261.410(d)(2) 3-025 IBR
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Required aisle space. The hazardous 

secondary material generator or 

intermediate or reclamation facility 

operating under a verified recycler 

variance under § 260.31(d) must maintain 

aisle space to allow the unobstructed 

movement of personnel, fire protection 

equipment, spill control equipment, and 

decontamination equipment to any area of 

facility operation in an emergency, 

unless aisle space is not needed for any of 

these purposes.

261.410(e) 3-025 IBR

Arrangements with local authorities. 261.410(f) 3-025 IBR

The hazardous secondary material 

generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) must attempt to make the 

following arrangements, as appropriate 

for the type of waste handled at his 

facility and the potential need for the 

services of these organizations:

261.410(f)(1) 3-025 IBR

Arrangements to familiarize police, fire 

departments, and emergency response 

teams with the layout of the facility, 

properties of hazardous secondary 

material handled at the facility and 

associated hazards, places where facility 

personnel would normally be working, 

entrances to roads inside the facility, and 

possible evacuation routes;

261.410(f)(1)(i) 3-025 IBR

Where more than one police and fire 

department might respond to an 

emergency, agreements designating 

primary emergency authority to a specific 

police and a specific fire department, and 

agreements with any others to provide 

support to the primary emergency 

authority;

261.410(f)(1)(ii) 3-025 IBR

Agreements with state emergency 

response teams, emergency response 

contractors, and equipment suppliers; and

261.410(f)(1)(iii) 3-025 IBR

Arrangements to familiarize local 

hospitals with the properties of hazardous 

waste handled at the facility and the types 

of injuries or illnesses which could result 

from fires, explosions, or releases at the 

facility.

261.410(f)(1)(iv) 3-025 IBR
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Where state or local authorities decline to 

enter into such arrangements, the 

hazardous secondary material generator 

or an intermediate or reclamation facility 

operating under a verified recycler 

variance under § 260.31(d) must 

document the refusal in the operating 

record.

261.410(f)(2) 3-025 IBR

Add Heading: Emergency procedures for 

facilities generating or accumulating 

6000 kg or less of hazardous secondary 

material.

261.411 3-025 IBR

Add introductory text: A generator or an 

intermediate or reclamation facility 

operating under a verified recycler 

variance under § 260.31(d) that generates 

or accumulates 6000 kg or less of 

hazardous secondary material must 

comply with the following requirements:

261.411 3-025 IBR

At all times there must be at least one 

employee either on the premises or on 

call (i.e., available to respond to an 

emergency by reaching the facility within 

a short period of time) with the 

responsibility for coordinating all 

emergency response measures specified 

in paragraph (d) of this section. This 

employee is the emergency coordinator.

261.411(a) 3-025 IBR

The generator or intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) must post the following 

information next to the telephone:

261.411(b) 3-025 IBR

The name and telephone number of the 

emergency coordinator; 261.411(b)(1) 3-025 IBR

Location of fire extinguishers and spill 

control material, and, if present, fire 

alarm; and

261.411(b)(2) 3-025 IBR

The telephone number of the fire 

department, unless the facility has a direct 

alarm.

261.411(b)(3) 3-025 IBR

The generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) must ensure that all employees 

are thoroughly familiar with proper waste 

handling and emergency procedures, 

relevant to their responsibilities during 

normal facility operations and 

emergencies;

261.411(c) 3-025 IBR
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The emergency coordinator or his 

designee must respond to any 

emergencies that arise. The applicable 

responses are as follows:

261.411(d) 3-025 IBR

In the event of a fire, call the fire 

department or attempt to extinguish it 

using a fire extinguisher;

261.411(d)(1) 3-025 IBR

In the event of a spill, contain the flow of 

hazardous waste to the extent possible, 

and as soon as is practicable, clean up the 

hazardous waste and any contaminated 

materials or soil;

261.411(d)(2) 3-025 IBR

In the event of a fire, explosion, or other 

release which could threaten human 

health outside the facility or when the 

generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) has knowledge that a spill has 

reached surface water, the generator or an 

intermediate or reclamation facility 

operating under a verified recycler 

variance under § 260.31(d) must 

immediately notify the National 

Response Center (using their 24-hour toll 

free number 800/424-8802). The report 

must include the following information:

261.411(d)(3) 3-025 IBR

The name, address, and U.S. EPA 

Identification Number of the facility; 261.411(d)(3)(i) 3-025 IBR

Date, time, and type of incident (e.g., 

spill or fire); 261.411(d)(3)(ii) 3-025 IBR

Quantity and type of hazardous waste 

involved in the incident; 261.411(d)(3)(iii) 3-025 IBR

Extent of injuries, if any; and 261.411(d)(3)(iv) 3-025 IBR

Estimated quantity and disposition of 

recovered materials, if any. 261.411(d)(3)(v) 3-025 IBR

Add Heading: Contingency planning and 

emergency procedures for facilities 

generating or accumulating more than 

6000 kg of hazardous secondary material.

261.420 3-025 IBR

Add introductory text: A generator or an 

intermediate or reclamation facility 

operating under a verified recycler 

variance under § 260.31(d) that generates 

or accumulates more than 6000 kg of 

hazardous secondary material must 

comply with the following requirements:

261.420 3-025 IBR

Purpose and implementation of 

contingency plan. 261.420(a) 3-025 IBR
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January 13, 2015 - Page 23 of 29

Each generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) that accumulates more than 

6000 kg of hazardous secondary material 

must have a contingency plan for his 

facility. The contingency plan must be 

designed to minimize hazards to human 

health or the environment from fires, 

explosions, or any unplanned sudden or 

non-sudden release of hazardous 

secondary material or hazardous 

secondary material constituents to air, 

soil, or surface water.

261.420(a)(1) 3-025 IBR

The provisions of the plan must be 

carried out immediately whenever there is 

a fire, explosion, or release of hazardous 

secondary material or hazardous 

secondary material constituents which 

could threaten human health or the 

environment.

261.420(a)(2) 3-025 IBR

Content of contingency plan. 261.420(b) 3-025 IBR

The contingency plan must describe the 

actions facility personnel must take to 

comply with paragraphs (a) and (f) in 

response to fires, explosions, or any 

unplanned sudden or non-sudden release 

of hazardous secondary material or 

hazardous secondary material 

constituents to air, soil, or surface water 

at the facility.

261.420(b)(1) 3-025 IBR
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If the generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) accumulating more than 6000 

kg of hazardous secondary material has 

already prepared a Spill Prevention, 

Control, and Countermeasures (SPCC) 

Plan in accordance with part 112 of this 

chapter, or some other emergency or 

contingency plan, he need only amend 

that plan to incorporate hazardous waste 

management provisions that are sufficient 

to comply with the requirements of this 

part. The hazardous secondary material 

generator or an intermediate or 

reclamation facility operating under a 

verified recycler variance under § 

260.31(d) may develop one contingency 

plan which meets all regulatory 

requirements. EPA recommends that the 

plan be based on the National Response 

Team's Integrated Contingency Plan 

Guidance (“One Plan”). When 

modifications are made to non-RCRA 

provisions in an integrated contingency 

plan, the changes do not trigger the need 

for a RCRA permit modification.

261.420(b)(2) 3-025 IBR

The plan must describe arrangements 

agreed to by local police departments, fire 

departments, hospitals, contractors, and 

State and local emergency response teams 

to coordinate emergency services, 

pursuant to § 262.410(f).

261.420(b)(3) 3-025 IBR

The plan must list names, addresses, and 

phone numbers (office and home) of all 

persons qualified to act as emergency 

coordinator (see paragraph (e) of this 

section), and this list must be kept up to 

date. Where more than one person is 

listed, one must be named as primary 

emergency coordinator and others must 

be listed in the order in which they will 

assume responsibility as alternates.

261.420(b)(4) 3-025 IBR
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The plan must include a list of all 

emergency equipment at the facility (such 

as fire extinguishing systems, spill 

control equipment, communications and 

alarm systems (internal and external), and 

decontamination equipment), where this 

equipment is required. This list must be 

kept up to date. In addition, the plan must 

include the location and a physical 

description of each item on the list, and a 

brief outline of its capabilities.

261.420(b)(5) 3-025 IBR

The plan must include an evacuation plan 

for facility personnel where there is a 

possibility that evacuation could be 

necessary. This plan must describe 

signal(s) to be used to begin evacuation, 

evacuation routes, and alternate 

evacuation routes (in cases where the 

primary routes could be blocked by 

releases of hazardous waste or fires).

261.420(b)(6) 3-025 IBR

Copies of contingency plan. A copy of 

the contingency plan and all revisions to 

the plan must be:

261.420(c) 3-025 IBR

Maintained at the facility; and 261.420(c)(1) 3-025 IBR

Submitted to all local police departments, 

fire departments, hospitals, and State and 

local emergency response teams that may 

be called upon to provide emergency 

services.

261.420(c)(2) 3-025 IBR

Amendment of contingency plan. The 

contingency plan must be reviewed, and 

immediately amended, if necessary, 

whenever:

261.420(d) 3-025 IBR

Applicable regulations are revised; 261.420(d)(1) 3-025 IBR

The plan fails in an emergency; 261.420(d)(2) 3-025 IBR

The facility changes—in its design, 

construction, operation, maintenance, or 

other circumstances—in a way that 

materially increases the potential for 

fires, explosions, or releases of hazardous 

secondary material or hazardous 

secondary material constituents, or 

changes the response necessary in an 

emergency;

261.420(d)(3) 3-025 IBR

The list of emergency coordinators 

changes; or 261.420(d)(4) 3-025 IBR

The list of emergency equipment 

changes. 261.420(d)(5) 3-025 IBR
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Emergency coordinator. At all times, 

there must be at least one employee either 

on the facility premises or on call (i.e., 

available to respond to an emergency by 

reaching the facility within a short period 

of time) with the responsibility for 

coordinating all emergency response 

measures. This emergency coordinator 

must be thoroughly familiar with all 

aspects of the facility's contingency plan, 

all operations and activities at the facility, 

the location and characteristics of waste 

handled, the location of all records within 

the facility, and the facility layout. In 

addition, this person must have the 

authority to commit the resources needed 

to carry out the contingency plan. The 

emergency coordinator's responsibilities 

are more fully spelled out in paragraph 

(f). Applicable responsibilities for the 

emergency coordinator vary, depending 

on factors such as type and variety of 

hazardous secondary material(s) handled 

by the facility, and type and complexity 

of the facility.

261.420(e) 3-025 IBR

Emergency procedures. 261.420(f) 3-025 IBR

Whenever there is an imminent or actual 

emergency situation, the emergency 

coordinator (or his designee when the 

emergency coordinator is on call) must 

immediately:

261.420(f)(1) 3-025 IBR

Activate internal facility alarms or 

communication systems, where 

applicable, to notify all facility personnel; 

and

261.420(f)(1)(i) 3-025 IBR

Notify appropriate State or local agencies 

with designated response roles if their 

help is needed.

261.420(f)(1)(ii) 3-025 IBR

Whenever there is a release, fire, or 

explosion, the emergency coordinator 

must immediately identify the character, 

exact source, amount, and areal extent of 

any released materials. He may do this by 

observation or review of facility records 

or manifests and, if necessary, by 

chemical analysis.

261.420(f)(2) 3-025 IBR
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Concurrently, the emergency coordinator 

must assess possible hazards to human 

health or the environment that may result 

from the release, fire, or explosion. This 

assessment must consider both direct and 

indirect effects of the release, fire, or 

explosion (e.g., the effects of any toxic, 

irritating, or asphyxiating gases that are 

generated, or the effects of any hazardous 

surface water run-offs from water or 

chemical agents used to control fire and 

heat-induced explosions).

261.420(f)(3) 3-025 IBR

If the emergency coordinator determines 

that the facility has had a release, fire, or 

explosion which could threaten human 

health, or the environment, outside the 

facility, he must report his findings as 

follows:

261.420(f)(4) 3-025 IBR

If his assessment indicates that 

evacuation of local areas may be 

advisable, he must immediately notify 

appropriate local authorities. He must be 

available to help appropriate officials 

decide whether local areas should be 

evacuated; and

261.420(f)(4)(i) 3-025 IBR

He must immediately notify either the 

government official designated as the onscene coordinator for that geographical 

area, or the National Response Center 

(using their 24-hour toll free number 

800/424-8802). The report must include:

261.420(f)(4)(ii) 3-025 IBR

Name and telephone number of reporter; 261.420(f)(4)(ii)(A) 3-025 IBR

Name and address of facility; 261.420(f)(4)(ii)(B) 3-025 IBR

Time and type of incident (e.g., release, 

fire); 261.420(f)(4)(ii)(C) 3-025 IBR

Name and quantity of material(s) 

involved, to the extent known; 261.420(f)(4)(ii)(D) 3-025 IBR

The extent of injuries, if any; and 261.420(f)(4)(ii)(E) 3-025 IBR

The possible hazards to human health, or 

the environment, outside the facility. 261.420(f)(4)(ii)(F) 3-025 IBR

During an emergency, the emergency 

coordinator must take all reasonable 

measures necessary to ensure that fires, 

explosions, and releases do not occur, 

recur, or spread to other hazardous 

secondary material at the facility. These 

measures must include, where applicable, 

stopping processes and operations, 

collecting and containing released 

material, and removing or isolating 

containers.

261.420(f)(5) 3-025 IBR
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If the facility stops operations in response 

to a fire, explosion or release, the 

emergency coordinator must monitor for 

leaks, pressure buildup, gas generation, or 

ruptures in valves, pipes, or other 

equipment, wherever this is appropriate.

261.420(f)(6) 3-025 IBR

Immediately after an emergency, the 

emergency coordinator must provide for 

treating, storing, or disposing of 

recovered secondary material, 

contaminated soil or surface water, or any 

other material that results from a release, 

fire, or explosion at the facility. Unless 

the hazardous secondary material 

generator can demonstrate, in accordance 

with § 261.3(c) or (d) of this chapter, that 

the recovered material is not a hazardous 

waste, the owner or operator becomes a 

generator of hazardous waste and must 

manage it in accordance with all 

applicable requirements of parts 262, 263, 

and 265 of this chapter.

261.420(f)(7) 3-025 IBR

The emergency coordinator must ensure 

that, in the affected area(s) of the facility: 261.420(f)(8) 3-025 IBR

No secondary material that may be 

incompatible with the released material is 

treated, stored, or disposed of until 

cleanup procedures are completed; and

261.420(f)(8)(i) 3-025 IBR

All emergency equipment listed in the 

contingency plan is cleaned and fit for its 

intended use before operations are 

resumed.

261.420(f)(8)(ii) 3-025 IBR

The hazardous secondary material 

generator must note in the operating 

record the time, date, and details of any 

incident that requires implementing the 

contingency plan. Within 15 days after 

the incident, he must submit a written 

report on the incident to the Regional 

Administrator. The report must include:

261.420(f)(9) 3-025 IBR

Name, address, and telephone number of 

the hazardous secondary material 

generator;

261.420(f)(9)(i) 3-025 IBR

Name, address, and telephone number of 

the facility; 261.420(f)(9)(ii) 3-025 IBR

Date, time, and type of incident (e.g., fire, 

explosion); 261.420(f)(9)(iii) 3-025 IBR

Name and quantity of material(s) 

involved; 261.420(f)(9)(iv) 3-025 IBR

The extent of injuries, if any; 261.420(f)(9)(v) 3-025 IBR
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January 13, 2015 - Page 29 of 29

An assessment of actual or potential 

hazards to human health or the 

environment, where this is applicable; 

and

261.420(f)(9)(vi) 3-025 IBR

Estimated quantity and disposition of 

recovered material that resulted from the 

incident.

261.420(f)(9)(vii) 3-025 IBR

PART 270 – EPA Administered Permit Programs: The Hazardous Waste Permit Program

Subpart D – Changes to Permits

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE

Add entry 10 in the table under 

section L as shown below:

270.42, Appendix I Title 128, Appendix 

V

X

Modifications Class

A. General Permit Provisions.

9. Changes to remove permit conditions applicable to a unit excluded 

under the provisions of §261.4. 

10. Changes in the expiration date of a permit issued to a facility at 

which all units are excluded under the provisions of §261.4.

1

1

1

1

1Class 1 modifications requiring prior Agency approval.

 

1 These provisions were promulgated under the October 30, 2008 rule and are unaffected by today’s rule. 

2 This Subpart was promulgated by the October 30, 2008 rule and is unaffected by today’s rule. See pages 23-43 of Checklist 

219. 
 SPA 35

Checklist 233E

January 13, 2015- Page 1 of 22

RCRA REVISION CHECKLIST 233E

Remanufacturing exclusion

Less stringent for all states 

Revisions to the Definition of Solid Waste

80 FR 1694-1814

January 13, 2015

(RCRA Cluster XXIV, Non-HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81-1505(13)

Title of Regulations: Title 128 – Nebraska Hazardous Waste Regulation Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

Add “Remanufacturing” to mean:

processing a higher-value hazardous 

secondary material in order to 

manufacture a product that serves a 

similar functional purpose as the original 

commercial-grade material. For the 

purpose of this definition, a hazardous 

secondary mate rial is considered highervalue if it was generated from the use of a 

commercial-grade material in a 

manufacturing process and can be 

remanufactured into a similar 

commercial-grade material.

260.10 1-110 X

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

Add or revise: Reclaimed. Materials 

noted with a “–” in column 3 of Table 1 

are not solid wastes when reclaimed. 

Materials noted with an “*” in column 3 

of Table 1 are solid wastes when 

reclaimed unless they meet the 

requirements of §§ 261.4(a)(17), or 

261.4(a)(23), 261.4(a)(24), or 

261.4(a)(27).

261.2(c)(3)

Interpretive Comment: Nebraska omits the reference to § 261.4(a)(17) as Nebraska has not adopted that 

exclusion.
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January 13, 2015 - Page 2 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Revise column 3 to read: Reclamation (§ 

261.2(c)(3)), except as provided in §§ 

261.4(a)(17), 261.4(a)(23), 261.4(a)(24) 

or 261.4(a)(27).

261.2(c)(4) table 1

Interpretive Comment: Nebraska omits the reference to § 261.4(a)(17) as Nebraska has not adopted that 

exclusion.

Add section 261.4(a)(27) as follows: 

Hazardous secondary material that is 

generated and then transferred to another 

person for the purpose of 

remanufacturing is not a solid waste, 

provided that:

261.4(a)(27) 

introductory text 2-008.27 IBR

The hazardous secondary material 

consists of one or more of the following 

spent solvents: toluene, xylenes, 

ethylbenzene, 1,2,4-trimethylbenzene, 

chlorobenzene, n-hexane, cyclohexane, 

methyl tert-butyl ether, acetonitrile, 

chloroform, chloromethane, 

dichloromethane, methyl isobutyl ketone, 

NN-dimethylformamide, tetrahydrofuran, 

n-butyl alcohol, ethanol, and/or methanol;

261.4(a)(27)(i) 2-008.27 IBR

The hazardous secondary material 

originated from using one or more of the 

solvents listed in paragraph (a)(27)(i) of 

this section in a commercial grade for 

reacting, extracting, purifying, or 

blending chemicals (or for rinsing out the 

process lines associated with these 

functions) in the pharmaceutical 

manufacturing (NAICS 325412), basic 

organic chemical manufacturing (NAICS 

325199), plastics and resins 

manufacturing (NAICS 325211), and/or 

the paints and coatings manufacturing 

sectors (NAICS 325510).

261.4(a)(27)(ii) 2-008.27 IBR

The hazardous secondary material 

generator sends the hazardous secondary 

material spent solvents listed in paragraph 

(a)(27)(i) of this section to a 

remanufacturer in the pharmaceutical 

manufacturing (NAICS 325412), basic 

organic chemical manufacturing (NAICS 

325199), plastics and resins 

manufacturing (NAICS 325211), and/or 

the paints and coatings manufacturing 

sectors (NAICS 325510).

261.4(a)(27)(iii) 2-008.27 IBR
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January 13, 2015 - Page 3 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

After remanufacturing one or more of the 

solvents listed in paragraph (a)(27)(i) of 

this section, the use of the 

remanufactured solvent shall be limited to 

reacting, extracting, purifying, or 

blending chemicals (or for rinsing out the 

process lines associated with these 

functions) in the pharmaceutical 

manufacturing (NAICS 325412), basic 

organic chemical manufacturing (NAICS 

325199), plastics and resins 

manufacturing (NAICS 325211), and the 

paints and coatings manufacturing sectors 

(NAICS 325510) or to using them as 

ingredients in a product. These allowed 

uses correspond to chemical functional 

uses enumerated under the Chemical Data 

Reporting Rule of the Toxic Substances 

Control Act (40 CFR Parts 704, 710–

711), including Industrial Function Codes 

U015 (solvents consumed in a reaction to 

produce other chemicals) and U030 

(solvents become part of the mixture);

261.4(a)(27)(iv) 2-008.27 IBR

After remanufacturing one or more of the 

solvents listed in paragraph (a)(27)(i) of 

this section, the use of the 

remanufactured solvent does not involve 

cleaning or degreasing oil, grease, or 

similar material from textiles, glassware, 

metal surfaces, or other articles. (These 

disallowed continuing uses correspond to 

chemical functional uses in Industrial 

Function Code U029 under the Chemical 

Data Reporting Rule of the Toxics 

Substances Control Act.); and

261.4(a)(27)(v) 2-008.27 IBR

Both the hazardous secondary material 

generator and the remanufacturer must: 261.4(a)(27)(vi) 2-008.27 IBR

Notify EPA or the State Director, if the 

state is authorized for the program, and 

update the notification every two years 

per 40 CFR 260.42;

261.4(a)(27)(vi)(A) 2-008.27 IBR

Develop and maintain an up-to-date 

remanufacturing plan which identifies: 261.4(a)(27)(vi)(B) 2-008.27 IBR

The name, address and EPA ID number 

of the generator(s) and the 

remanufacturer(s),

261.4(a)(27)(vi)(B)(1) 2-008.27 IBR

The types and estimated annual volumes 

of spent solvents to be remanufactured, 261.4(a)(27)(vi)(B)(2) 2-008.27 IBR
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January 13, 2015 - Page 4 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The processes and industry sectors that 

generate the spent solvents, 261.4(a)(27)(vi)(B)(3) 2-008.27 IBR

The specific uses and industry sectors for 

the remanufactured solvents, and 261.4(a)(27)(vi)(B)(4) 2-008.27 IBR

A certification from the remanufacturer 

stating “on behalf of [insert 

remanufacturer facility name], I certify 

that this facility is a remanufacturer under 

pharmaceutical manufacturing (NAICS 

325412), basic organic chemical 

manufacturing (NAICS 325199), plastics 

and resins manufacturing (NAICS 

325211), and/or the paints and coatings 

manufacturing sectors (NAICS 325510), 

and will accept the spent solvent(s) for 

the sole purpose of remanufacturing into 

commercial-grade solvent(s) that will be 

used for reacting, extracting, purifying, or 

blending chemicals (or for rinsing out the 

process lines associated with these 

functions) or for use as product 

ingredient(s). I also certify that the 

remanufacturing equipment, vents, and 

tanks are equipped with and are operating 

air emission controls in compliance with 

the appropriate Clean Air Act regulations 

under 40 CFR part 60, part 61 or part 63, 

or, absent such Clean Air Act standards 

for the particular operation or piece of 

equipment covered by the 

remanufacturing exclusion, are in 

compliance with the appropriate 

standards in 40 CFR part 261, subparts 

AA (vents), BB (equipment) and CC 

(tank storage),”;

261.4(a)(27)(vi)(B)(5) 2-008.27 IBR

Maintain records of shipments and 

confirmations of receipts for a period of 

three years from the dates of the 

shipments;

261.4(a)(27)(vi)(C) 2-008.27 IBR

Prior to remanufacturing, store the 

hazardous spent solvents in tanks or 

containers that meet technical standards 

found in subparts I and J of 40 CFR part 

261, with the tanks and containers being 

labeled or otherwise having an 

immediately available record of the 

material being stored;

261.4(a)(27)(vi)(D) 2-008.27 IBR
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January 13, 2015 - Page 5 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

During remanufacturing, and during 

storage of the hazardous secondary 

materials prior to remanufacturing, the 

remanufacturer certifies that the 

remanufacturing equipment, vents, and 

tanks are equipped with and are operating 

air emission controls in compliance with 

the appropriate Clean Air Act regulations 

under 40 CFR part 60, part 61 or part 63; 

or, absent such Clean Air Act standards 

for the particular operation or piece of 

equipment covered by the 

remanufacturing exclusion, are in 

compliance with the appropriate 

standards in 40 CFR part 261 subparts 

AA (vents), BB (equipment) and CC 

(tank storage); and

261.4(a)(27)(vi)(E) 2-008.27 IBR

Meet the requirements prohibiting 

speculative accumulation per 40 CFR 

261.1(c)(8).

261.4(a)(27)(vi)(F) 2-008.27 IBR

SUBPART I – USE AND MANAGEMENT OF CONTAINERS

Add new Subpart I to Part 261 as follows: 

Subpart I—Use and Management of 

Containers

261 Subpart I 3-023 IBR

Add Heading: Applicability 261.170 3-023 IBR

This subpart applies to hazardous 

secondary materials excluded under the 

remanufacturing exclusion at § 

261.4(a)(27) and stored in containers.

261.170 3-023 IBR

Add Heading: Condition of containers. 261.171 3-023 IBR

If a container holding hazardous 

secondary material is not in good 

condition (e.g., severe rusting, apparent 

structural defects) or if it begins to leak, 

the hazardous secondary material must be 

transferred from this container to a 

container that is in good condition or 

managed in some other way that complies 

with the requirements of this part.

261.171 3-023 IBR

Add Heading: Compatibility of hazardous 

secondary materials with containers. 261.172 3-023 IBR

The container must be made of or lined 

with materials which will not react with, 

and are otherwise compatible with, the 

hazardous secondary material to be 

stored, so that the ability of the container 

to contain the material is not impaired.

261.172 3-023 IBR

Add Heading: Management of containers. 261.173 3-023 IBR
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January 13, 2015 - Page 6 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

A container holding hazardous secondary 

material must always be closed during 

storage, except when it is necessary to 

add or remove the hazardous secondary 

material.

261.173(a) 3-023 IBR

A container holding hazardous secondary 

material must not be opened, handled, or 

stored in a manner which may rupture the 

container or cause it to leak.

261.173(b) 3-023 IBR

Add Heading: Containment. 261.175 3-023 IBR

Container storage areas must have a 

containment system that is designed and 

operated in accordance with paragraph 

(b) of this section.

261.175(a) 3-023 IBR

A containment system must be designed 

and operated as follows: 261.175(b) 3-023 IBR

A base must underlie the containers 

which is free of cracks or gaps and is 

sufficiently impervious to contain leaks, 

spills, and accumulated precipitation until 

the collected material is detected and 

removed;

261.175(b)(1) 3-023 IBR

The base must be sloped or the 

containment system must be otherwise 

designed and operated to drain and 

remove liquids resulting from leaks, 

spills, or precipitation, unless the 

containers are elevated or are otherwise 

protected from contact with accumulated 

liquids;

261.175(b)(2) 3-023 IBR

The containment system must have 

sufficient capacity to contain 10% of the 

volume of containers or the volume of the 

largest container, whichever is greater.

261.175(b)(3) 3-023 IBR

Run-on into the containment system must 

be prevented unless the collection system 

has sufficient excess capacity in addition 

to that required in paragraph (b)(3) of this 

section to contain any run-on which 

might enter the system; and

261.175(b)(4) 3-023 IBR

Spilled or leaked material and 

accumulated precipitation must be 

removed from the sump or collection area 

in as timely a manner as is necessary to 

prevent overflow of the collection 

system.

261.175(b)(5) 3-023 IBR
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January 13, 2015 - Page 7 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Add Heading: Special requirements for 

ignitable or reactive hazardous secondary 

material.

261.176 3-023 IBR

Containers holding ignitable or reactive 

hazardous secondary material must be 

located at least 15 meters (50 feet) from 

the facility's property line.

261.176 3-023 IBR

Add Heading: Special requirements for 

incompatible materials. 261.177 3-023 IBR

Incompatible materials must not be 

placed in the same container. 261.177(a) 3-023 IBR

Hazardous secondary material must not 

be placed in an unwashed container that 

previously held an incompatible material.

261.177(b) 3-023 IBR

A storage container holding a hazardous 

secondary material that is incompatible 

with any other materials stored nearby 

must be separated from the other

materials or protected from them by 

means of a dike, berm, wall, or other 

device.

261.177(c) 3-023 IBR

Add Heading: Air emission standards. 261.179 3-023 IBR

The remanufacturer or other person that 

stores or treats the hazardous secondary 

material shall manage all hazardous 

secondary material placed in a container 

in accordance with the applicable 

requirements of subparts AA, BB, and 

CC of this part.

261.179 3-023 IBR

SUBPART J – TANK SYSTEMS

Add new Subpart J to Part 261 as 

follows: Subpart J—Tank Systems 261 Subpart J 3-024 IBR

Add Heading: Applicability 261.190 3-024 IBR

The requirements of this subpart apply to 

tank systems for storing or treating 

hazardous secondary material excluded 

under the remanufacturing exclusion at § 

261.4(a)(27).

261.190(a) 3-024 IBR

Tank systems, including sumps, as 

defined in § 260.10, that serve as part of a 

secondary containment system to collect 

or contain releases of hazardous 

secondary materials are exempted from 

the requirements in § 261.193(a).

261.190(b) 3-024 IBR

Add Heading: Assessment of existing 

tank system's integrity. 261.191 3-024 IBR
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January 13, 2015 - Page 8 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Tank systems must meet the secondary 

containment requirements of § 261.193, 

or the remanufacturer or other person that 

handles the hazardous secondary material 

must determine that the tank system is not 

leaking or is unfit for use. Except as 

provided in paragraph (c) of this section, 

a written assessment reviewed and 

certified by a qualified Professional 

Engineer must be kept on file at the 

remanufacturer’s facility or other facility 

that stores or treats the hazardous 

secondary material that attests to the tank 

system's integrity.

261.191(a) 3-024 IBR

This assessment must determine that the 

tank system is adequately designed and 

has sufficient structural strength and 

compatibility with the material(s) to be 

stored or treated, to ensure that it will not 

collapse, rupture, or fail. At a minimum, 

this assessment must consider the 

following:

261.191(b) 3-024 IBR

Design standard(s), if available, 

according to which the tank and ancillary 

equipment were constructed;

261.191(b)(1) 3-024 IBR

Hazardous characteristics of the 

material(s) that have been and will be 

handled;

261.191(b)(2) 3-024 IBR

Existing corrosion protection measures; 261.191(b)(3) 3-024 IBR

Documented age of the tank system, if 

available (otherwise, an estimate of the 

age); and

261.191(b)(4) 3-024 IBR

Results of a leak test, internal inspection, 

or other tank integrity examination such 

that:

261.191(b)(5) 3-024 IBR

For non-enterable underground tanks, the 

assessment must include a leak test that is 

capable of taking into account the effects 

of temperature variations, tank end 

deflection, vapor pockets, and high water 

table effects, and

261.191(b)(5)(i) 3-024 IBR
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January 13, 2015 - Page 9 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

For other than non-enterable underground 

tanks and for ancillary equipment, this 

assessment must include either a leak test, 

as described above, or other integrity 

examination that is certified by a 

qualified Professional Engineer that 

addresses cracks, leaks, corrosion, and 

erosion.

261.191(b)(5)(ii) 3-024 IBR

The practices described in the American 

Petroleum Institute (API) Publication, 

Guide for Inspection of Refinery 

Equipment, Chapter XIII, “Atmospheric 

and Low-Pressure Storage Tanks,” 4th 

edition, 1981, may be used, where 

applicable, as guidelines in conducting 

other than a leak test.

261.191(b)(5)(ii)Note 3-024 IBR

If, as a result of the assessment conducted 

in accordance with paragraph (a) of this 

section, a tank system is found to be 

leaking or unfit for use, the 

remanufacturer or other person that stores 

or treats the hazardous secondary material 

must comply with the requirements of § 

261.196.

261.191(c) 3-024 IBR

Reserved 261.192 3-024 IBR

Add Heading: Containment and detection 

of releases. 261.193 3-024 IBR

Secondary containment systems must be: 261.193(a) 3-024 IBR

Designed, installed, and operated to 

prevent any migration of materials or 

accumulated liquid out of the system to 

the soil, ground water, or surface water at 

any time during the use of the tank 

system; and

261.193(a)(1) 3-024 IBR

Capable of detecting and collecting 

releases and accumulated liquids until the 

collected material is removed.

261.193(a)(2) 3-024 IBR
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January 13, 2015 - Page 10 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

If the collected material is a hazardous 

waste under part 261 of this chapter, it is 

subject to management as a hazardous 

waste in accordance with all applicable 

requirements of parts 262 through 265, 

266, and 268 of this chapter. If the 

collected material is discharged through a 

point source to waters of the United 

States, it is subject to the requirements of 

sections 301, 304, and 402 of the Clean 

Water Act, as amended. If discharged to a 

Publicly Owned Treatment Works 

(POTW), it is subject to the requirements 

of section 307 of the Clean Water Act, as 

amended. If the collected material is 

released to the environment, it may be 

subject to the reporting requirements of 

40 CFR part 302.

261.193(a) Note 3-024 IBR

To meet the requirements of paragraph 

(a) of this section, secondary containment 

systems must be at a minimum:

261.193(b) 3-024 IBR

Constructed of or lined with materials 

that are compatible with the materials(s) 

to be placed in the tank system and must 

have sufficient strength and thickness to 

prevent failure owing to pressure 

gradients (including static head and 

external hydrological forces), physical 

contact with the material to which it is 

exposed, climatic conditions, and the 

stress of daily operation (including 

stresses from nearby vehicular traffic).

261.193(b)(1) 3-024 IBR

Placed on a foundation or base capable of 

providing support to the secondary 

containment system, resistance to 

pressure gradients above and below the 

system, and capable of preventing failure 

due to settlement, compression, or uplift;

261.193(b)(2) 3-024 IBR

Provided with a leak-detection system 

that is designed and operated so that it 

will detect the failure of either the 

primary or secondary containment 

structure or the presence of any release of 

hazardous secondary material or 

accumulated liquid in the secondary 

containment system at the earliest 

practicable time; and

261.193(b)(3) 3-024 IBR
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January 13, 2015 - Page 11 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Sloped or otherwise designed or operated 

to drain and remove liquids resulting 

from leaks, spills, or precipitation. Spilled 

or leaked material and accumulated 

precipitation must be removed from the 

secondary containment system within 24 

hours, or in as timely a manner as is 

possible to prevent harm to human health 

and the environment.

261.193(b)(4) 3-024 IBR

Secondary containment for tanks must 

include one or more of the following 

devices:

261.193(c) 3-024 IBR

A liner (external to the tank); 261.193(c)(1) 3-024 IBR

A vault; or 261.193(c)(2) 3-024 IBR

A double-walled tank. 261.193(c)(3) 3-024 IBR

In addition to the requirements of 

paragraphs (a), (b), and (c) of this section, 

secondary containment systems must 

satisfy the following requirements:

261.193(d) 3-024 IBR

External liner systems must be: 261.193(d)(1) 3-024 IBR

Designed or operated to contain 100 

percent of the capacity of the largest tank 

within its boundary;

261.193(d)(1)(i) 3-024 IBR

Designed or operated to prevent run-on or 

infiltration of precipitation into the 

secondary containment system unless the 

collection system has sufficient excess 

capacity to contain run-on or infiltration. 

Such additional capacity must be 

sufficient to contain precipitation from a 

25-year, 24-hour rainfall event.

261.193(d)(1)(ii) 3-024 IBR

Free of cracks or gaps; and 261.193(d)(1)(iii) 3-024 IBR

Designed and installed to surround the 

tank completely and to cover all 

surrounding earth likely to come into 

contact with the material if the material is 

released from the tank(s) (i.e., capable of 

preventing lateral as well as vertical 

migration of the material).

261.193(d)(1)(iv) 3-024 IBR

Vault systems must be: 261.193(d)(2) 3-024 IBR

Designed or operated to contain 100 

percent of the capacity of the largest tank 

within its boundary;

261.193(d)(2)(i) 3-024 IBR
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January 13, 2015 - Page 12 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Designed or operated to prevent run-on or 

infiltration of precipitation into the 

secondary containment system unless the 

collection system has sufficient excess 

capacity to contain run-on or infiltration. 

Such additional capacity must be 

sufficient to contain precipitation from a 

25-year, 24-hour rainfall event;

261.193(d)(2)(ii) 3-024 IBR

Constructed with chemical-resistant water 

stops in place at all joints (if any); 261.193(d)(2)(iii) 3-024 IBR

Provided with an impermeable interior 

coating or lining that is compatible with 

the stored material and that will prevent 

migration of material into the concrete;

261.193(d)(2)(iv) 3-024 IBR

Provided with a means to protect against 

the formation of and ignition of vapors 

within the vault, if the material being 

stored or treated is ignitable or reactive; 

and

261.193(d)(2)(v) 3-024 IBR

Provided with an exterior moisture barrier 

or be otherwise designed or operated to 

prevent migration of moisture into the 

vault if the vault is subject to hydraulic 

pressure.

261.193(d)(2)(vi) 3-024 IBR

Double-walled tanks must be: 261.193(d)(3) 3-024 IBR

Designed as an integral structure (i.e., an 

inner tank completely enveloped within 

an outer shell) so that any release from 

the inner tank is contained by the outer 

shell;

261.193(d)(3)(i) 3-024 IBR

Protected, if constructed of metal, from 

both corrosion of the primary tank 

interior and of the external surface of the 

outer shell; and

261.193(d)(3)(ii) 3-024 IBR

Provided with a built-in continuous leak 

detection system capable of detecting a 

release within 24 hours, or at the earliest 

practicable time.

261.193(d)(3)(iii) 3-024 IBR

The provisions outlined in the Steel Tank 

Institute's (STI) “Standard for Dual Wall 

Underground Steel Storage Tanks” may 

be used as guidelines for aspects of the 

design of underground steel doublewalled tanks.

261.193(d)(3)Note 3-024 IBR

Reserved 261.193(e) 3-024 IBR
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January 13, 2015 - Page 13 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Ancillary equipment must be provided 

with secondary containment (e.g., trench, 

jacketing, double-walled piping) that 

meets the requirements of paragraphs (a) 

and (b) of this section except for:

261.193(f) 3-024 IBR

Aboveground piping (exclusive of 

flanges, joints, valves, and other 

connections) that are visually inspected 

for leaks on a daily basis;

261.193(f)(1) 3-024 IBR

Welded flanges, welded joints, and 

welded connections that are visually 

inspected for leaks on a daily basis;

261.193(f)(2) 3-024 IBR

Sealless or magnetic coupling pumps and 

sealless valves that are visually inspected 

for leaks on a daily basis; and

261.193(f)(3) 3-024 IBR

Pressurized aboveground piping systems 

with automatic shut-off devices (e.g., 

excess flow check valves, flow metering 

shutdown devices, loss of pressure 

actuated shut-off devices) that are 

visually inspected for leaks on a daily 

basis.

261.193(f)(4) 3-024 IBR

Add Heading: General operating 

requirements. 261.194 3-024 IBR

Hazardous secondary materials or 

treatment reagents must not be placed in a 

tank system if they could cause the tank, 

its ancillary equipment, or the 

containment system to rupture, leak, 

corrode, or otherwise fail.

261.194(a) 3-024 IBR

The remanufacturer or other person that 

stores or treats the hazardous secondary 

material must use appropriate controls 

and practices to prevent spills and 

overflows from tank or containment 

systems. These include at a minimum:

261.194(b) 3-024 IBR

Spill prevention controls (e.g., check 

valves, dry disconnect couplings); 261.194(b)(1) 3-024 IBR

Overfill prevention controls (e.g., level 

sensing devices, high level alarms, 

automatic feed cutoff, or bypass to a 

standby tank); and

261.194(b)(2) 3-024 IBR

Maintenance of sufficient freeboard in 

uncovered tanks to prevent overtopping 

by wave or wind action or by 

precipitation.

261.194(b)(3) 3-024 IBR
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January 13, 2015 - Page 14 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The remanufacturer or other person that 

stores or treats the hazardous secondary 

material must comply with the 

requirements of § 261.196 of this subpart 

if a leak or spill occurs in the tank 

system.

261.194(c) 3-024 IBR

Reserved 261.195 3-024 IBR

Add Heading: Response to leaks or spills 

and disposition of leaking or unfit-for-use 

tank systems.

261.196 3-024 IBR

Add introductory text to read as follows: 

A tank system or secondary containment 

system from which there has been a leak 

or spill, or which is unfit for use, must be 

removed from service immediately, and 

the remanufacturer or other person that 

stores or treats the hazardous secondary 

material must satisfy the following 

requirements:

261.196 3-024 IBR

Cessation of use; prevent flow or addition 

of materials. The remanufacturer or other 

person that stores or treats the hazardous 

secondary material must immediately 

stop the flow of hazardous secondary 

material into the tank system or 

secondary containment system and 

inspect the system to determine the cause 

of the release.

261.196(a) 3-024 IBR

Removal of material from tank system or 

secondary containment system.

261.196(b) 3-024 IBR

If the release was from the tank system, 

the remanufacturer or other person that 

stores or treats the hazardous secondary 

material must, within 24 hours after 

detection of the leak or, if the 

remanufacturer or other person that stores 

or treats the hazardous secondary material 

demonstrates that it is not possible, at the 

earliest practicable time, remove as much 

of the material as is necessary to prevent 

further release of hazardous secondary 

material to the environment and to allow 

inspection and repair of the tank system 

to be performed.

261.196(b)(1) 3-024 IBR
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January 13, 2015 - Page 15 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

If the material released was to a 

secondary containment system, all 

released materials must be removed 

within 24 hours or in as timely a manner 

as is possible to prevent harm to human 

health and the environment.

261.196(b)(2) 3-024 IBR

Containment of visible releases to the 

environment. The remanufacturer or other 

person that stores or treats the hazardous 

secondary material must immediately 

conduct a visual inspection of the release 

and, based upon that inspection:

261.196(c) 3-024 IBR

Prevent further migration of the leak or 

spill to soils or surface water; and 261.196(c)(1) 3-024 IBR

Remove, and properly dispose of, any 

visible contamination of the soil or 

surface water.

261.196(c)(2) 3-024 IBR

Notifications, reports. 261.196(d) 3-024 IBR

Any release to the environment, except as 

provided in paragraph (d)(2) of this 

section, must be reported to the Regional 

Administrator within 24 hours of its 

detection. If the release has been reported 

pursuant to 40 CFR part 302, that report 

will satisfy this requirement.

261.196(d)(1) 3-024 IBR

A leak or spill of hazardous secondary 

material is exempted from the 

requirements of this paragraph if it is:

261.196(d)(2) 3-024 IBR

Less than or equal to a quantity of 1 

pound, and 261.196(d)(2)(i) 3-024 IBR

Immediately contained and cleaned up. 261.196(d)(2)(ii) 3-024 IBR

Within 30 days of detection of a release 

to the environment, a report containing 

the following information must be 

submitted to the Regional Administrator:

261.196(d)(3) 3-024 IBR

Likely route of migration of the release; 261.196(d)(3)(i) 3-024 IBR

Characteristics of the surrounding soil 

(soil composition, geology, 

hydrogeology, climate);

261.196(d)(3)(ii) 3-024 IBR

Results of any monitoring or sampling 

conducted in connection with the release 

(if available). If sampling or monitoring 

data relating to the release are not 

available within 30 days, these data must 

be submitted to the Regional 

Administrator as soon as they become 

available.

261.196(d)(3)(ii) 3-024 IBR
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January 13, 2015 - Page 16 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Proximity to downgradient drinking 

water, surface water, and populated areas; 

and

261.196(d)(3)(iv) 3-024 IBR

Description of response actions taken or 

planned. 261.196(d)(3)(v) 3-024 IBR

Provision of secondary containment, 

repair, or closure.

261.196(e) 3-024 IBR

Unless the remanufacturer or other person 

that stores or treats the hazardous 

secondary material satisfies the 

requirements of paragraphs (e)(2) through 

(4) of this section, the tank system must 

cease to operate under the 

remanufacturing exclusion at 40 CFR 

261.4(a)(27).

261.196(e)(1) 3-024 IBR

If the cause of the release was a spill that 

has not damaged the integrity of the 

system, the remanufacturer or other 

person that stores or treats the hazardous 

secondary material may return the system 

to service as soon as the released material 

is removed and repairs, if necessary, are 

made.

261.196(e)(2) 3-024 IBR

If the cause of the release was a leak from 

the primary tank system into the 

secondary containment system, the 

system must be repaired prior to returning 

the tank system to service.

261.196(e)(3) 3-024 IBR
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January 13, 2015 - Page 17 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

If the source of the release was a leak to 

the environment from a component of a 

tank system without secondary 

containment, the remanufacturer or other 

person that stores or treats the hazardous 

secondary material must provide the 

component of the system from which the 

leak occurred with secondary 

containment that satisfies the 

requirements of § 261.193 before it can 

be returned to service, unless the source 

of the leak is an aboveground portion of a 

tank system that can be inspected 

visually. If the source is an aboveground 

component that can be inspected visually, 

the component must be repaired and may 

be returned to service without secondary 

containment as long as the requirements 

of paragraph (f) of this section are 

satisfied. Additionally, if a leak has

occurred in any portion of a tank system 

component that is not readily accessible 

for visual inspection (e.g., the bottom of 

an inground or onground tank), the entire 

component must be provided with 

secondary containment in accordance 

with § 261.193 of this subpart prior to 

being returned to use.

261.196(e)(4) 3-024 IBR

Certification of major repairs. If the 

remanufacturer or other person that stores 

or treats the hazardous secondary material 

has repaired a tank system in accordance 

with paragraph (e) of this section, and the 

repair has been extensive ( e.g., 

installation of an internal liner; repair of a 

ruptured primary containment or 

secondary containment vessel), the tank 

system must not be returned to service 

unless the remanufacturer or other person 

that stores or treats the hazardous 

secondary material has obtained a 

certification by a qualified Professional 

Engineer that the repaired system is 

capable of handling hazardous secondary 

materials without release for the intended 

life of the system. This certification must 

be kept on file at the facility and 

maintained until closure of the facility.

261.196(f) 3-024 IBR
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January 13, 2015 - Page 18 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The Regional Administrator may, on the 

basis of any information received that 

there is or has been a release of hazardous 

secondary material or hazardous 

constituents into the environment, issue 

an order under RCRA section 7003(a) 

requiring corrective action or such other 

response as deemed necessary to protect 

human health or the environment.

261.196 Note 1 3-024 IBR

40 CFR part 302 may require the owner 

or operator to notify the National 

Response Center of certain releases.

261.196 Note 2 3-024 IBR

Add Heading: Termination of 

remanufacturing exclusion. 261.197 3-024 IBR

Hazardous secondary material stored in 

units more than 90 days after the unit 

ceases to operate under the 

remanufacturing exclusion at 40 CFR 

261.4(a)(27) or otherwise ceases to be 

operated for manufacturing, or for storage 

of a product or a raw material, then 

becomes subject to regulation as 

hazardous waste under parts 261 through 

266, 268, 270, 271, and 124 of this 

chapter, as applicable.

261.197 3-024 IBR

Add Heading: Special requirements for 

ignitable or reactive materials. 261.198 3-024 IBR

Ignitable or reactive material must not be 

placed in tank systems, unless the 

material is stored or treated in such a way 

that it is protected from any material or 

conditions that may cause the material to 

ignite or react.

261.198(a) 3-024 IBR
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January 13, 2015 - Page 19 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The remanufacturer or other person that 

stores or treats hazardous secondary 

material which is ignitable or reactive 

must store or treat the hazardous 

secondary material in a tank that is in 

compliance with the requirements for the 

maintenance of protective distances 

between the material management area 

and any public ways, streets, alleys, or an 

adjoining property line that can be built 

upon as required in Tables 2–1 through 

2–6 of the National Fire Protection 

Association's “Flammable and 

Combustible Liquids Code,” (1977 or 

1981), (incorporated by reference, see § 

260.11).

261.198(b) 3-024 IBR

Add Heading: Special requirements for 

incompatible materials. 261.199 3-024 IBR

Incompatible materials must not be 

placed in the same tank system. 261.199(a) 3-024 IBR

Hazardous secondary material must not 

be placed in a tank system that has not 

been decontaminated and that previously 

held an incompatible material.

261.199(b) 3-024 IBR

Add Heading: Air emission standards. 261.200 3-024 IBR

The remanufacturer or other person that 

stores or treats the hazardous secondary 

material shall manage all hazardous 

secondary material placed in a tank in 

accordance with the applicable 

requirements of subparts AA, BB, and 

CC of this part.

261.200 3-024 IBR

SUBPART AA – AIR EMISSION STANDARDS FOR PROCESS VENTS

1 Add new Subpart AA to Part 261 as 

follows: Subpart AA—Air Emission 

Standards for Process Vents

261 Subpart AA 3-026 IBR

Add Heading: Applicability 261.1030 3-026 IBR
RCRA REVISION CHECKLIST 233E: Revisions to the Definition of Solid Waste (cont’d) SPA 35

Checklist 233E

January 13, 2015 - Page 20 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The regulations in this subpart apply to 

process vents associated with distillation, 

fractionation, thin-film evaporation, 

solvent extraction, or air or stream 

stripping operations that manage 

hazardous secondary materials excluded 

under the remanufacturing exclusion at § 

261.4(a)(27) with concentrations of at 

least 10 ppmw, unless the process vents 

are equipped with operating air emission 

controls in accordance with the 

requirements of an applicable Clean Air 

Act regulation codified under 40 CFR 

part 60, part 61, or part 63.

261.1030 3-026 IBR

2 Definitions. As used in this subpart, all 

terms not defined herein shall have the 

meaning given them in the Resource 

Conservation and Recovery Act and parts 

260–266.

261.1031 3-026 IBR

Reserved 261.1033(b)(2) See comment

Interpretive Comment: For purposes of regulatory clarity and simplicity, Nebraska does not reserve headings or 

sections until the substantive regulatory content is promulgated

SUBPART BB – AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

3 Add new Subpart BB to Part 261 as 

follows: Subpart BB—Air Emission 

Standards for Equipment Leaks

261 Subpart BB 3-027 IBR

Add Heading: Applicability 261.1050 3-027 IBR

The regulations in this subpart apply to 

equipment that contains hazardous 

secondary materials excluded under the 

remanufacturing exclusion at § 

261.4(a)(27), unless the equipment 

operations are subject to the requirements 

of an applicable Clean Air Act regulation 

codified under 40 CFR part 60, part 61, 

or part 63.

261.1050(a) 3-027 IBR

Definitions. As used in this subpart, all 

terms shall have the meaning given them 

in § 261.1031, the Resource Conservation 

and Recovery Act, and 40 CFR parts 

260–266.

261.1051 3-027 IBR

SUBPART CC – AIR EMISSION STANDARDS FOR TANKS AND CONTAINERS

4 Add new Subpart CC to Part 261 as 

follows: Subpart CC—Air Emission 

Standards for Tanks and Containers

Subpart CC 3-028 IBR

Add Heading: Applicability 261.1080 3-028 IBR
RCRA REVISION CHECKLIST 233E: Revisions to the Definition of Solid Waste (cont’d) SPA 35

Checklist 233E

January 13, 2015 - Page 21 of 22

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

The regulations in this subpart apply to 

tanks and containers that contain 

hazardous secondary materials excluded 

under the remanufacturing exclusion at § 

261.4(a)(27), unless the tanks and 

containers are equipped with and 

operating air emission controls in 

accordance with the requirements of an 

applicable Clean Air Act regulations 

codified under 40 CFR part 60, part 61, 

or part 63.

261.1080(a) 3-028 IBR

Reserved 261.1080(b) 3-028 IBR

Definitions. As used in this subpart, all 

terms not defined herein shall have the 

meaning given to them in the Resource 

Conservation and Recovery Act and parts 

260 through 266 of this chapter.

261.1081 3-028 IBR

The remanufacturer or other person that 

stores or treats the hazardous secondary 

material shall control air pollutant 

emissions from each hazardous secondary 

material management unit in accordance 

with standards specified in §§ 261.1084 

through 261.1087 of this subpart, as 

applicable to the hazardous secondary 

material management unit, except as 

provided for in paragraph (c) of this 

section.

261.1082(b) 3-028 IBR

Reserved 261.1083(b) 3-028 IBR

Reserved 261.1086(b)(2) 3-028 IBR

Reserved 261.1089(c) 3-028 IBR

Reserved 261.1089(f)(2) 3-028 IBR

No corresponding provisions 261.1089(i) 3-028 IBR

No corresponding provisions 261.1089(j) 3-028 IBR

 

1

This subpart is exactly the same as 40 CFR 265 subpart AA with four significant differences: 1) replace the phrase 

“hazardous waste” with “hazardous secondary materials” in all instances, and 2) remove and reserve paragraphs and sections 

referring to permit conditions in part 264, 3) replace internal references to provisions in part 265 with the corresponding 

provision in part 261, and 4) adopt the provisions in 261.1030 instead of those in 265.1030. These provisions are noted in 

this checklist.

2 The definitions listed in 261.1031 are taken from 264.1031, with the replacement of terms described in endnote 1.

3 This subpart is exactly the same as 40 CFR 265 subpart BB with four significant differences: 1) replace the phrase 

“hazardous waste” with “hazardous secondary materials” in all instances, and 2) remove and reserve paragraphs and sections 

referring to permit conditions in part 264, 3) replace internal references to provisions in part 265 with the corresponding 

provision in part 261, and 4) adopt the provision in 261.1050 instead of those in 265.1050. This provision is noted in this 

checklist.

4 This subpart is exactly the same as 40 CFR 265 subpart CC with four significant differences: 1) replace the phrase 

“hazardous waste” with “hazardous secondary materials” in all instances, and 2) remove and reserve paragraphs and sections 
RCRA REVISION CHECKLIST 233E: Revisions to the Definition of Solid Waste (cont’d) SPA 35

Checklist 233E

January 13, 2015 - Page 22 of 22

 

referring to permit conditions in part 264, 3) replace internal references to provisions in part 265 with the corresponding 

provision in part 261, adjusting for the section citations because there are no corresponding provisions to 265.1082 and 

265.1086, and 4) adopt the provision in 261.1080 instead of those in 265.1080 and remove provisions which are reserved or 

have no corresponding provision in part 261. These provisions are listed in this checklist.