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Printed: 8/2/16 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

examin ed 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 gra nt 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 oppor tunities 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 th e HWIR

media 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 HWIR

media program revision application, other authorization applic ations, 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 (Ap ril 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 confus ion 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 re strictions, 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 c ommunity 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 o f 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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Printed: 8/2/16 4 ) States do not need to adopt requirements equivalent t o 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 ne ed 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 RC RA '' 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 cho oses 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

D efinitions 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

- by

case 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 RECORDKEEPINGCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 005.01 A 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 wa ste 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 t he 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 hazar dous waste meets LDR treatment standards with generators and does not allow this responsibility to be s hifted to treatment facilities.CONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE

if waste or contaminated

soil does not meet treatment standard, one

time 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

5 7,

H167B 268.7(a)(2) 20

- 005.01 B 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 haz ardous waste meets LDR treatment standards with generators and does not allow this responsibility to be s hifted 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

- 005.01B 1 X

Certification statement N/A 20

- 005.01B1 X

In terpretive c omment : 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 XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 no

migration unit under

268.6 or national capacity variance or case by case capacity varia nce under subpart C; with initial shipment, generator must send one

time 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 n otice; 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 XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 (a ll ) 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 IBRCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 s tringent 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/ACONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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. T h e state has determined that omitting the note improves clarity for the regulated communit y

.

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 0 10 /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 an d local requirements; criteria for 34,39,78,

109 268.42(b) NOT

DELEGABLECONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

R adioactive 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.

VAR IANCE FROM A TREATMENT STANDARD

Generic Treatability

Standards 34,151,

162 268.44(a)

- (g ) Non

- Delegable

S ite

- 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 XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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,

H 185,
189, H 190 268.48(a)/Table

UTS 20

- Table 12 X

ALTERNATIVE LDR TREATMENT STANDARDS FOR CONTAMINATED SOIL

167B

, H183 268.49(a ll) 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) XCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

und erlying 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 IBRCONSOLIDATED CHECKLIST C8

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

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REFERENCE FEDERAL RCRA

CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 IBRCONSOLIDATED CHECKLIST C8

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

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Printed: 8/2/16 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 Revisi on 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 1 51 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 i ntroduced a new 268.7(a)(4).

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

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)

Page 16 of 16 NDEQ LDR_C8 FINAL SUBMITTAL.DOCX

- Revised:5/29/03

Printed: 8/2/16 13 The notice, certificati on 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 c ertification 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 affecte d 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 i ntroductory 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

remain s 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, A mg/l @ is incorrectly

revised to A mg/ L @ in footnote 2. Also note that lower case A part @ and A subpart @ were incorrectly revised to upper case

A Part @ and A Subpar t @ 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 U 408 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 U 048 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 App endix VIII should be listed as A National Capacity LDR Variances for UIC Wastes @ but is incorrectly listed as A LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes @ . This error appears in the CFR beginning with the July 1, 1997 edition. Rev ision 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 Feder al 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

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 

### 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 fol lows:

$ 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 A Checklist 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 id entical 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 e ither 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 A ct 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/append ices 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)

Page 2 of 7

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 004.01A 6 X

### SPECIAL CONSOLIDATED CHECKLIST: Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers as of December 31 , 2002 (cont'd)

Page 3 of 7

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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)

Page 4 of 7

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 0 21 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)

Page 5 of 7

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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)

Page 6 of 7

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

A 264.15(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

NDEQ cair1202 FINAL SUBMITTAL.docx

- Revised:5/28/03

Printed: 8/2/16 FEDERAL REQUIREMENTS CHECKLIST

REFERENCE FEDERAL RCRA CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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(a ll ) 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

Checkl ist 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 Action 1

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 (super seded 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:

EQUIV

ALENT LESS

STRIN

- GENT MORE

STRIN

GENT 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 s ampled 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) N one (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 b een 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 Facili ty Boundary

NOT INCLUDED

– PREVIOUSLY AUTHORIZED OR INAPPLICABLE IN NEBRASKA
Checklist 44 C

- Corrective Action for Injection Wells 1

Checklist 44 D

- Permit Modification 2

Checklist 44 E

- Permit as a Shield Provision 3

Checklist 44 F

- Permit Conditions to Protect Human Health and the Environment 3

Checklist 44 G

- Post

- Closure Permits 3

1 Nebraska prohibits hazardous waste injection wells under Title 122, Nebraska Administrative Code, Rules and Regulations for Underground Injection an d Mineral Production Wells , Chapter 3, Section 003

. Thus, Nebraska ha s 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 s ampled 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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: t he 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

- 04 3 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

- 0 82 XOSWER 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

- 0 92 X

add " remediation
w aste" 260.10 " remediation
w aste" 1

- 1 11 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 samp led 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 WAST E 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 IBROSWER 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 IBROSWER 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 IBROSWER 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 IBROSWER 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 IBROSWER 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 XOSWER 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 XPage 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

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 man agement 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 &

1 3

- 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 pre

application 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 XSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 sol ely 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 XSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 001.06SPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 XSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 A dd 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 XSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROA

DER IN

SCOPE

CL148.P51

- Revised: 8/6/97 Page 7 of 10

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

co mpletion 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 IBRSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROA

DER IN

SCOPE

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 dat es for the trial burn; applicant may not

commence the trial burn until

after notice has been issued 270.66(d)(3) 

### 12

- 001.04F IBRSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 IBRSPA 17

NEBRASKA

RCRA REVISION CHECKLIST 148

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

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROA

DER IN

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 provisio ns 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 prom ulgated 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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.

APPLICABI LITY

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

Printed: 8/2/16 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 s ampled 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 par t of the parameters listed in 265.92(b)(1)

- (3). Therefore the state regulation is broader in scope.

G r oundwater 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 Fede ral 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

### SPA 20

CL174.wp

- Revised: 9/10/99

Printed: 8/2/16 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

CL174.wp

- Revised: 9/10/99

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

CL174.wp

- Revised: 9/10/99

Printed: 8/2/16 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 re visions 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 de signated 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 t he 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 26 4.101. 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 CAMU s 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 02 7 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

remediatio n 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

- 0 92 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

- 1 11 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

- 1 12 X

add “staging pile” 260.10 “staging pile” 1

- 1 23 X

PART 261

- IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A

- GENERAL

EXCLUSIONS

dredged material that is not a

hazardous waste 2 61.4(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

R emediat ion 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 s ampled 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 rein serted 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

†, 4 insert “, 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. T his 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

S pent 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 c hapter; 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”; replac e “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 waste s 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

- 012.04 A 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

- 012.04 B 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, f or “electronic items” are broader in scope than the federal regulations and not enforceable by EPA.

MANAGEMENT

L arge 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 adop t 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 “Benz o (a)anthracene” and “Indeno(1,2,3,

- c,d)pyrene” should be “Indeno(1,2,3

- cd )py rene”. 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

Da te Checklist Completed: August 1 , 201 6

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

th e 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

- 1 11 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 265.5 51, 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 co ntiguous 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

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

- e ligible 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

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

Printed: 10/13/16 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

- 016.01 X

### SPA 23

NDEQ CAcl196 FINAL SUBMITTAL(2).docx

- Revised: 2/19/02

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 s ampled 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 R EVISION C HECKLIST 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 b y 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 wh ile 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: Ap ril 8, 2015

FEDERAL REQUIREMENTS FEDERAL RCRA

CITATION ANALOGOUS STATE

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### PART 261

– IDENTIFICATION AND L ISTING 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 w astes are disposed... 261.4(b)(15) (all) 2

- 009.13 (all) X

SUBPART D

– LISTS OF HAZARDOUS W ASTES

HAZARDOUS WASTES FRO M 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 R EVISION C HECKLIST 206: Nonwastewaters from Dyes and Pigments (Cont’d)

May 2, 2007

- Page 2 of 5 FEDERAL REQUIREMENTS FEDERAL RCRA

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### 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 correspond ing 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 uni t 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 th at 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 nonwastewate rs 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 limi t 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 R EVISION C HECKLIST 206: Nonwastewaters from Dyes and Pigments (Cont’d)

May 2, 2007

- Page 3 of 5 FEDERAL REQUIREMENTS FEDERAL RCRA

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### * * * * * * *
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 RESTRI CTIONS

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 CITATIO N ANALOGOUS STATE

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### TREATMENT STANDARDS FOR HAZARDOUS WASTES

[ Note: NA means not applicable]

Waste

code Waste description and

treatment/regulatory subcategory 1 Regulated hazardous constituent Wastewaters

Concentration in mg/ L 3 or technology

code 4 Nonwastewater

Concentration in mg/kg 5 unless noted as “mg/L TCLP”, or technology code Common name CAS 2

* * * * * * *

F03 9 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 tha n 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

p

Cresidine.......................... 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 R EVISION C HECKLIST 206: Nonwastewaters from Dyes and Pigments (Cont’d)

May 2, 2007

- Page 5 of 5 FEDERAL REQUIREMENTS FEDERAL RCRA CITATIO N ANALOGOUS STATE

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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 compou nd 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 unit s 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 ent ries 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 CAS 1 number Wastewater

standard

Concentration in mg/L 2 Nonwastewater

standard

Concentration in mg/kg 3 unless 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 Metal s (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, Subp art 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 nonwast ewaters are based on analysis of grab samples.

### SPA 26

March 4, 2005

- Page 1 of 9 RCRA R EVISION C HECKLIST 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), 26 2 .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 w ill 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 implementin g 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:

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### PART 260

– HAZARDOUS WASTE MANA GEMENT SYSTEM: GENER AL

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 R EVISION C HECKLIST 207: Uniform Hazardous Waste Manifest Rule (Cont’d)

March 4, 2005

- Page 2 of 9 FEDERAL REQUIREMENTS FEDERAL RCRA

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### 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

2 61.6(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 a uthorized

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

- 08 9 X

Manifest tracking number means: The alphanumeric

identification number which is pre

- printed in Item 4 of

the Manifest. 260.10 1

- 0 90 X

PART 261

– IDENTIFICATION AND L ISTING OF HAZARDOUS WASTE

SUBPART A

-- GENERAL

### SPA 26

RCRA R EVISION C HECKLIST 207: Uniform Hazardous Waste Manifest Rule (Cont’d)

March 4, 2005

- Page 3 of 9 FEDERAL REQUIREMENTS FEDERAL RCRA

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### RESIDUES OF HAZARDOU S WASTE IN EMPTY CON TAINERS 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

– STAND ARDS 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

- 002.01 A X

MANIFEST TRACKING NUMBERS, MANIFEST PRINTING, AND OBTAINING MANIFESTS Subpart B 262.21 262.21 (all) 10

- 002.01 A1 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 R EVISION C HECKLIST 207: Uniform Hazardous Waste Manifest Rule (Cont’d)

March 4, 2005

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### 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 a nd 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 REQUIRMENT S

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) 1 0

- 003.01D X

### SPA 26

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### with the requirement s 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, subpa rt 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 R EVISION C HECKLIST 207: Uniform Hazardous Waste Manifest Rule (Cont’d)

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### 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

th e 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 REQ UIREMENTS

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 R EVISION C HECKLIST 207: Uniform Hazardous Waste Manifest Rule (Cont’d)

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### 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 H AZARDOUS 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

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### 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 ori ginal 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 shipmen t,
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

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### 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 ne w manifest for shipment.

PART 264

– STANDARDS FOR OWNERS AND OPERATORS OF HAZ ARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILIT IES

SUBPART E

– MANIFEST SYSTEM, REC ORDKEEPING, AND REPO RTING 264 Subpart E 264.70

– 264.77 21

- 005 IBR

PART 265

– INTERIM STATUS STAND ARDS FOR OWNERS AND OPERATORS OF HAZARDO US

WASTE, TREATMENT, ST ORAGE, AND DISPOSAL FACILITIES

SUBPART E

– MANIFEST SYSTEM, REC ORDKEEPING, AND REPO RTING 265 Subpart E 265.70

– 265.77 22

- 005 IBR

### SPA 34

Checklist 229 

### July 31, 2013

- Page 1 of 1 RCRA REVISION CHECKLIST 22 9

Conditional Exclusion s 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 Regulati ons Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

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

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PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

No free liquids 260.10 “no free liquids ” 1

- 09 6 X



### Solvent

- contaminated wipe 260.10 “ 

### Solvent

contaminated wipe ” 1

- 1 21 X



### Wipe 260.10 “ 

### wipe ” 1

- 1 53 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 Regulation s Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

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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 partially

reclaimed material for which the variance is sought is commodity

like will be based on whether the

hazard ous 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

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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

- 001.04 A X

Whether the partially

- reclaimed

material has sufficient economic value that it will be purchased for further reclamation; 260.31(c)(2) 5

- 001.04 B 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

- 001.04 C 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

- 001.04 D X

Whether the partially

- reclaimed

material is handled to minimize

loss. 260.31(c)(5) 5

- 001.04 E X

R evise section heading by adding

“or for non

- waste determinations.” 260.33 section heading 5

- 003 X

### SPA 35

Checklist 233A 

### January 13, 2015

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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 descripti on 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 non

waste determination or may require the facility to re

- a pply for the

variance or non

- waste
determination. 260.33(c) 003.03 X

A dd 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 re

applies for a variance or non

- waste determination within six months, the facility may continue to operate under an expired variance or non

waste determination until receiving

a decision on their re

- application

from the Administrator. 260.33(d) 5

- 003.04 X

A dd 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 A dd 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

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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

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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 Reg ional 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. S tates 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 X X IV

, 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:

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PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

A dd Contained to mean” held in a unit (including a land

- based unit as defined in this subpart) that meets the following criteria: 2 60.10 “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

envir onment. 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 XRCRA REVISION CHECKLIST 233B : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233B 

### January 13, 2015

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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, by

product, 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 o f 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. I n determining if their recycling is legitimate, persons must address all the requirements of this paragraph. 260.43(a) 5

- 009.01 XRCRA REVISION CHECKLIST 233B : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233B 

### January 13, 2015

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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 ar e released to the

environment and are not recovered immediately are discarded. 260.43(a)(3) 5

- 009.01C XRCRA REVISION CHECKLIST 233B : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233B 

### January 13, 2015

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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 add

ress 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) XRCRA REVISION CHECKLIST 233B : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233B 

### January 13, 2015

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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

certificatio n 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 XRCRA REVISION CHECKLIST 233B : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233B 

### January 13, 2015

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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 3 5

C hecklist 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 X X IV

, Non

- HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81

- 1505(13)

Title of Regulations: Title 128

– Nebraska Hazardous Waste Regulation s Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA

CITATION ANALOGOUS

STATE CITATION STATE ANALOG IS:

EQUIV

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IN SCOPE

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A GENERAL

R evise 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 document ed 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

### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 1 of 29 RCRA REVISION CHECKLIST 233D 2

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 X X IV

, Non

- HSWA)

Name of State: Nebraska

State Statutory Authority: Nebraska Revised Statutes §81

- 1505(13)

Title of Regulations: Title 128

– Nebraska Hazardous Waste Regulation s Effective Date: July 6, 2016

Date Checklist Completed: August 1, 2016

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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IN SCOPE

PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

DEFINITIONS

R emove “hazardous secondary material generated and reclaimed under the control of the generator” 260.10 n/a

- Nebraska

d id 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 und er 40 CFR Part 267

.RCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

- Page 2 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

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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 mater ial 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 material s 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 o n the land before recycling

. This definition does

not include land

- based production

units. 260.10 

### “ Land

based 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 fa cility ” 1

- 133 X

SUBPART C RULEMAKING PETITIONS

STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTERCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

- Page 3 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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. 0 1 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

- 001.01 D X

1 Add paragraph: Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or

intermediate. 260.30 (e) 5

- 001.01 E X

A dd 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

- 001.01 F 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 XRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

- Page 4 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

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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 XRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

- Page 5 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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 l imited 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 o ther 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 XRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

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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; 26 0.34(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 XRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

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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); 26 0.34(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 XRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 8 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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) throug h (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.RCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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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

- 008.2 5 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

- 008.2 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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- Page 10 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 tha t 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 rec eived 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 sati sfied 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

- 008.2 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 11 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 writte n 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 writte n 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 reco rds (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

u nused 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

- 008.2 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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- Page 12 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 008.2 5 IBR

The hazardous secondary material is not speculatively accumulated, as defined in § 261.1(c)(8). 261.4(a)(23)(ii)(B ) 2

- 008.2 5 IBR

Notice is provided as required by § 260.42 of this chapter. 261.4(a)(23)(ii)(C) 2

- 008.2 5 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

- 008.2 5 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 recycl ing operation

has ceased. 261.4(a)(23)(ii)(E) 2

- 008.2 5 IBR

The emergency preparedness and response requirements found in subpart M of this part are met. 261.4(a)(23)(ii)(F) 2

- 008.2 5 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

- 008.2 6 IBR

The material is not speculatively accumulated, as defined in § 261.1(c)(8); 261.4(a)(24)(i) 2

- 008.2 6 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

- 008.2 6 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

- 008.2 6 IBR

The reclamation of the material is legitimate, as specified under § 260.43 of this chapter; 261.4(a)(24)(iv) 2

- 008.2 6 IBR

The hazardous secondary material generator satisfies all of the following

conditions: 261.4(a)(24)(v) 2

- 008.2 6 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

wit h leaks or other continuing releases is

discarded and a solid waste. 261.4(a)(24)(v)(A) 2

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- Page 14 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

t he reclamation facility identified by the hazardous secondary material generator. 261.4(a)(24)(v)(B) 2

- 008.2 6 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

- 008.2 6 IBR

Name of the transporter and date of the shipment; 261.4(a)(24)(v)(C) (1) 2

- 008.2 6 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

- 008.2 6 IBR

The type and quantity of hazardous secondary material in the shipment. 261.4(a)(24)(v)(C) (3) 2

- 008.2 6 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 15 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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

seco ndary 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

- 008.2 6 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

- 008.2 6 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

- 008.2 6 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 tha t 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

- 008.2 6 IBR

Name of the transporter and date of the shipment; 261.4(a)(24)(vi)(A) (1) 2

- 008.2 6 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

- 008.2 6 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 16 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE The type and quantity of hazardous secondary material in the shipment; and 261.4(a)(24)(vi)(A) (3) 2

- 008.2 6 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 w as sent. 261.4(a)(24)(vi)(A) (4) 2

- 008.2 6 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

- 008.2 6 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

interme diate 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

- 008.2 6 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 second ary 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

- 008.2 6 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 17 of 29 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 r esiduals 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

- 008.2 6 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

- 008.2 6 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

- 008.2 6 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

- 008.2 6 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

- 02 5 X

Add Heading: Applicability 261.400 3

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

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### January 13, 2015

- Page 18 of 29 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

- 02 5 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

- 02 5 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

- 02 5 IBR

Add Heading: Preparedness and prevention 261.410 3

- 02 5 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 mater ial constituents to air, soil, or surface water

which could threaten human health or the

environment. 261.410(a) 3

- 02 5 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

- 02 5 IBR

An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel; 261.410(b)(1) 3

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 19 of 29 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

- 02 5 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

- 02 5 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

- 02 5 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

- 02 5 IBR

Access to communications or alarm

system. 261.410(d) 3

- 02 5 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

- 02 5 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

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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Checklist 233D2 

### January 13, 2015

- Page 20 of 29 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 equip ment to any area of facility operation in an emergency,

unless aisle space is not needed for any of these purposes. 261.410(e) 3

- 02 5 IBR

Arrangements with local authorities. 261.410(f) 3

- 02 5 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

- 02 5 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

- 02 5 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

- 02 5 IBR

Agreements with state emergency

response teams, emergency response contractors, and equipment suppliers; and 261.410(f)(1)(iii) 3

- 02 5 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

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 21 of 29 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

- 02 5 IBR

Add Heading: Emergency procedures for facilities generating or accumulating 6000 kg or less of hazardous secondary

material. 261.411 3

- 02 5 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

- 02 5 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

- 02 5 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

- 02 5 IBR

The name and telephone number of the emergency coordinator; 261.411(b)(1) 3

- 02 5 IBR

Location of fire extinguishers and spill control material, and, if present, fire alarm; and 261.411(b)(2) 3

- 02 5 IBR

The telephone number of the fire department, unless the facility has a direct

alarm. 261.411(b)(3) 3

- 02 5 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

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 22 of 29 The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows: 261.411(d) 3

- 02 5 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

- 02 5 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

- 02 5 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

var iance 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

- 02 5 IBR

The name, address, and U.S. EPA

Identification Number of the facility; 261.411(d)(3)(i) 3

- 02 5 IBR

Date, time, and type of incident (e.g., spill or fire); 261.411(d)(3)(ii) 3

- 02 5 IBR

Quantity and type of hazardous waste involved in the incident; 261.411(d)(3)(iii) 3

- 02 5 IBR

Extent of injuries, if any; and 261.411(d)(3)(iv) 3

- 02 5 IBR Estimated quantity and disposition of recovered materials, if any. 261.411(d)(3)(v) 3

- 02 5 IBR

Add Heading: Contingency planning and emergency procedures for facilities generating or accumulating more than 6000 kg of hazardous secondary material. 261.420 3

- 02 5 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

- 02 5 IBR

Purpose and implementation of contingency plan. 261.420(a) 3

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233D2 

### 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 haza rds 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

- 02 5 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

- 02 5 IB R

Content of contingency plan. 261.420(b) 3

- 02 5 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

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 24 of 29 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 ac cordance 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 Re sponse 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

- 02 5 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

- 02 5 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 prim ary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. 261.420(b)(4) 3

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### SPA 35

Checklist 233D2 

### January 13, 2015

- Page 25 of 29 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

- 02 5 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

- 02 5 IBR

Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be: 261.420(c) 3

- 02 5 IBR

Maintained at the facility; and 261.420(c)(1) 3

- 02 5 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

- 02 5 IBR

Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary,

whenever: 261.420(d) 3

- 02 5 IBR

Applicable regulations are revised; 261.420(d)(1) 3

- 02 5 IBR The plan fails in an emergency; 261.420(d)(2) 3

- 02 5 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

- 02 5 IBR

The list of emergency coordinators changes; or 261.420(d)(4) 3

- 02 5 IBR

The list of emergency equipment changes. 261.420(d)(5) 3

- 02 5 IBRRCRA REVISION CHECKLIST 233D2 : Revisions to the Definition of Solid Waste (cont’d) 

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### January 13, 2015

- Page 26 of 29 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 oper ations 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

- 02 5 IBR

Emergency procedures. 261.420(f) 3

- 02 5 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

- 02 5 IBR

Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel;

and 261.420(f)(1)(i) 3

- 02 5 IBR

Notify appropriate State or local agencies with designated response roles if their help is needed. 261.420(f)(1)(ii) 3

- 02 5 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

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### SPA 35

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### January 13, 2015

- Page 27 of 29 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

ge nerated, 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

- 02 5 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

- 02 5 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

- 02 5 IBR

He must immediately notify either the government official designated as the on

scene 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

- 02 5 IBR

Name and telephone number of reporter; 261.420(f)(4)(ii)(A) 3

- 02 5 IBR Name and address of facility; 261.420(f)(4)(ii)(B) 3

- 02 5 IBR Time and type of incident (e.g., release, fire); 261.420(f)(4)(ii)(C) 3

- 02 5 IBR

Name and quantity of material(s) involved, to the extent known; 261.420(f)(4)(ii)(D) 3

- 02 5 IBR

The extent of injuries, if any; and 261.420(f)(4)(ii)(E) 3

- 02 5 IBR The possible hazards to human health, or the environment, outside the facility. 261.420(f)(4)(ii)(F) 3

- 02 5 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

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Checklist 233D2 

### January 13, 2015

- Page 28 of 29 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

- 02 5 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, th at
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

- 02 5 IBR

The emergency coordinator must ensure that, in the affected area(s) of the facility: 261.420(f)(8) 3

- 02 5 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

- 02 5 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

- 02 5 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 incl ude: 261.420(f)(9) 3

- 02 5 IBR

Name, address, and telephone number of the hazardous secondary material
generator; 261.420(f)(9)(i) 3

- 02 5 IBR

Name, address, and telephone number of the facility; 261.420(f)(9)(ii) 3

- 02 5 IBR

Date, time, and type of incident (e.g., fire, explosion); 261.420(f)(9)(iii) 3

- 02 5 IBR

Name and quantity of material(s) involved; 261.420(f)(9)(iv) 3

- 02 5 IBR

The extent of injuries, if any; 261.420(f)(9)(v) 3

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### SPA 35

Checklist 233D2 

### 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

- 02 5 IBR

Estimated quantity and disposition of

recovered material that resulted from the

incident. 261.420(f)(9)(vii) 3

- 02 5 IBR



### PART 2 70

– 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

1 

### Class 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 X X IV

, 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:

EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT 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 higher

value 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

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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.

A dd 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,

dichlo romethane, 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 ma nufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510). 261.4(a)(27)(i i ) 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)(i ii ) 2

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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

manuf acturing (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)(i v ) 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 ar ticles. (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)( v i) 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

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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), pl astics 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 reactin g , 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 operat ing 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 exclu sion, 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

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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 st orage); 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

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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. 261.17 5(a) 3

- 023 IBR

A containment system must be designed and operated as follows: 261.17 5(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; 261.17 5(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

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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. 261.17 6 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. 261.17 7(a) 3

- 023 IBR

Hazardous secondary material must not

be placed in an unwashed container that previously held an incompatible material. 261.17 7(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. 261.17 7(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. 261.17 9 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

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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 Engine er 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 IB R

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

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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)(i i ) 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

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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 require ments 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 vehic ular 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

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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)(i i ) 3

- 024 IBR

Free of cracks or gaps; and 261.193 (d)(1)(i ii ) 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)(i v ) 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

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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 )(i i ) 3

- 024 IBR

Constructed with chemical

- resistant water stops in place at all joints (if any); 261.193 (d) (2 )(i ii ) 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 )(i i ) 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 )(i ii ) 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 double

walled tanks. 261.193(d ) (3)Note 3

- 024 IBR

Reserved 261.193(e) 3

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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

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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 tr eats 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 env ironment and to allow inspection and repair of the tank system to be performed. 261.196(b)(1) 3

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- Page 15 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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

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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 CF R 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

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- Page 17 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

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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 f rom 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 th is 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 per son 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

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- Page 18 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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

h azardous 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

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- Page 19 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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 protectiv e 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 Liqui ds 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

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- Page 20 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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 remanufacturin g 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, p art 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 § 261.103 1, 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

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- Page 21 of 22 FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE

CITATION STATE ANALOG IS:

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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 perm it 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 def initions 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 “hazardou s 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 p rovision 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 sectionsRCRA REVISION CHECKLIST 233E : Revisions to the Definition of Solid Waste (cont’d) 

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- 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 cita tions 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.