reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-008 - Notification requirement for hazardous secondary materials

Current through June 17, 2024
008.01 Hazardous secondary material
  generators, tolling contractors, toll manufacturers, reclaimers, and
  intermediate facilities managing hazardous secondary materials which are
  excluded from regulation under Chapter 2, Sections 008.25 and 008.26, must send
  a notification prior to operating under the exclusion(s) and by March 1 of each
  even numbered year thereafter to the Director using EPA Form 8700-12 that
  includes the following information:
008.01A
  The name, address, and EPA ID number (if applicable) of the facility;
008.01B The name and telephone number of a
  contact person;
008.01C The NAICS
  code of the facility;
008.01D The
  regulation under which the hazardous secondary materials will be
  managed;
008.01E When the facility
  began or expects to begin managing the hazardous secondary materials in
  accordance with the regulation;
008.01F 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);
008.01G For each hazardous secondary
  material, whether the hazardous secondary material, or any portion thereof,
  will be managed in a land-based unit;
008.01H The quantity of each hazardous
  secondary material to be managed annually; and
008.01I The certification (included in EPA
  Form 8700-12 ) signed and dated by an authorized representative of the
  facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-009 - Legitimate recycling of hazardous secondary materials

Current through June 17, 2024
009.01 Recycling of hazardous secondary
  materials for the purpose of the exclusions or exemptions from the hazardous
  waste regulations must be legitimate. Hazardous secondary material that is not
  legitimately recycled is discarded material and is a solid waste. In
  determining if their recycling is legitimate, persons must address all the
  requirements of this paragraph.
009.01A
  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:
009.01A1 Contributes
  valuable ingredients to a product or intermediate; or
009.01A2 Replaces a catalyst or carrier in
  the recycling process; or
009.01A3
  Is the source of a valuable constituent recovered in the recycling process;
  or
009.01A4 Is recovered or
  regenerated by the recycling process; or
009.01A5 Is used as an effective substitute
  for a commercial product.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE; RULEMAKING › Section 128-6-001 - General

Current through June 17, 2024
001.01 Any person may petition the Council to
  modify or revoke any provision of this Title. Title 115,
Rules of
  Practice and Procedure
, Nebraska Department of Environmental
  Quality, sets forth general requirements which apply to all such petitions.
  Section
002
of this Chapter sets forth additional
  requirements to add a testing or analytical method to this Title. Section
003
sets forth additional requirements for petitions
  to exclude a waste at a particular facility from Chapter 2,
004
through
007
or the lists
  of hazardous wastes in Chapter 3,
011
through
016
.
001.02 Each petition must be submitted to the
  Council through the Director by certified mail and must include:
001.02A The petitioner's name and
  address;
001.02B A statement of the
  petitioner's interest in the proposed action;
001.02C A description of the proposed action,
  including (where appropriate) suggested regulatory language; and
001.02D A statement of the need and
  justification for the proposed action, including supporting tests, studies, or
  other information.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE; RULEMAKING › Section 128-6-002 - Petitions for equivalent testing or analytical methods

Current through June 17, 2024
002.01 Any person seeking to add a testing or
  analytical method different from those authorized in this Title may petition
  the Council for a regulatory amendment under Section
001.01
of this Chapter. To be successful, the person
  must demonstrate to the satisfaction of the Council, that the proposed method
  is equal to or superior to the corresponding method prescribed in this Title,
  in terms of its sensitivity, accuracy and precision (i.e.,
  reproducibility).
002.02 Each
  petition must include, in addition to the information required by Section
001.02
of this Chapter:
002.02A A full description of the proposed
  method, including all procedural steps and equipment used in the
  method;
002.02B A description of
  the types of wastes or waste matrices for which the proposed method may be
  used;
002.02C Comparative results
  obtained from using the proposed method with those obtained from using the
  relevant or corresponding methods prescribed in these regulations;
002.02D An assessment of any factors which
  may interfere with, or limit the use of, the proposed method; and
002.02E A description of the quality control
  procedures necessary to ensure the sensitivity, accuracy and precision of the
  proposed method.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE; RULEMAKING › Section 128-6-003 - Petition to amend Chapter 3 to exclude a waste at a particular generating facility

Current through June 17, 2024
003.01 Any person
  seeking to exclude a waste at a particular generating facility from Chapter 3,
011
through
016
may petition
  for a regulatory amendment under Section
001.01
of
  this Chapter. To be successful:
003.01A The
  petitioner must demonstrate to the satisfaction of the Council that the waste
  produced by a particular generating facility does not meet any of the criteria
  under which the waste was listed as a hazardous or an acutely hazardous waste;
  and
003.01B The procedures in this
  Chapter may also be used to petition the Council for a regulatory amendment to
  exclude a waste which is described in these Sections and is either a waste
  listed in Chapter 3,
011
through
016
, or is derived from a waste listed in Chapter 3,
011
through
016
. This
  exclusion may only be issued for a particular generating, storage, treatment,
  or disposal facility. The petitioner must make the same demonstration as
  required by
003.01A
of this section. Where the waste
  is a mixture of solid waste and one or more listed hazardous wastes or is
  derived from one or more hazardous wastes, the demonstration must be made with
  respect to the waste mixture as a whole; analyses must be conducted for not
  only those constituents for which the listed waste contained in the mixture was
  listed as hazardous, but also for factors (including additional constituents)
  that could cause the waste mixture to be a hazardous waste. A waste which is
  also excluded may still be a hazardous waste by operation of Chapter 3,
007
through
010
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-001

Current through June 17, 2024
Hazardous wastes that are recycled are subject to the requirements for
	 generators, transporters, and storage facilities of Sections
004
through
006
of this
	 except for the materials listed in Sections
002
and
003
of this . Hazardous wastes that are recycled will
	 be known as "recyclable materials." Certain hazardous wastes as defined by
	 Title 128, 25 may be managed under the universal waste requirements of
	 25.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-002

Current through June 17, 2024
The following materials are exempt from 4 and s 7 through 23:
002.01 Industrial ethyl alcohol that is
  reclaimed except that, unless provided otherwise in an international agreement
  as specified in 40 CFR Part 262, Subpart E, as incorporated by reference in
  Chapter 10,
006
:
002.01A A person initiating a shipment for
  reclamation in a foreign country, and any intermediary arranging for the
  shipment, must comply with the requirements applicable to a primary exporter in
  40 CFR
  262.53,
  262.56(a)(1)-(4), (6), and
  (b), and
  262.57, as
  incorporated by reference in Chapter 10,
006
export
  such materials only upon consent of the receiving country and in conformance
  with the EPA Acknowledgment of Consent for defined in Subpart E of 40 CFR Part
  262, as incorporated by reference in Chapter 10,
006
and provide a copy of the EPA Acknowledgment of Consent to the shipment to the
  transporter transporting the shipment for export;
002.01B Transporters transporting a shipment
  for export may not accept a shipment if the transporter knows the shipment does
  not conform to the EPA Acknowledgment of Consent, must ensure that a copy of
  the EPA Acknowledgment of Consent accompanies the shipment and must ensure that
  it is delivered to the facility designated by the person initiating the
  shipment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-003

Current through June 17, 2024
The following recyclable materials are regulated under Sections 007
	 through 012 of this and all applicable provisions in s 12 through 15:
003.01 A recyclable material used in a manner
  constituting disposal;
003.02
  Hazardous wastes burned for energy recovery in boilers and industrial furnaces
  that are not regulated as incinerators under Chapters 21 or 22;
003.03 Used oil that exhibits one or more of
  the characteristics of hazardous waste and is burned for energy recovery in
  boilers and industrial furnaces that are not regulated under Chapters 21 or
  22;
003.04 Recyclable materials
  from which precious metals are reclaimed; and
003.05 Spent lead-acid batteries that are
  being reclaimed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-004

Current through June 17, 2024
Generators and transporters of recyclable materials are subject to the
	 applicable requirements of Chapters 9 (Small Quantity Generators), 10 (Large
	 Quantity Generators) and 11 (Transporters) and the notification requirements of
	 Chapter 4 except as provided in Sections
002
and
003
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-005

Current through June 17, 2024
Owners and operators of facilities that store recyclable materials
	 before they are recycled are regulated under all applicable provisions of
	 Chapters 12 through 15, Chapter 20, Sections
001
through
012
and Sections
019
through
020
of Chapters 21 and 22, and the
	 notification requirements of Chapter 4 except as provided in Sections
002
and
003
of this Chapter.
	 The recycling process itself is exempt from regulation except as provided in
	 Section
005.01
of this Chapter.
005.01 Owners or operators of facilities
  subject to RCRA permitting requirements with hazardous waste management units
  that recycle hazardous wastes are subject to the requirements of Sections
019
and
020
of Chapters 21 or
  22.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-006

Current through June 17, 2024
Owners or operators of facilities that recycle recyclable materials
	 without storing them before they are recycled are subject to the following
	 requirements, except as provided in Sections
002
and
003
of this Chapter:
006.01 Notification requirements of Chapter
  4;
006.02 Requirements dealing with
  the use of the manifest and manifest discrepancies
  40 CFR
  265.71 and
  265.72, as
  incorporated by reference in Chapter 22,
005
;
  and
006.03 Section
005.01
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-007 - Recyclable materials used in a manner constituting disposal

Current through June 17, 2024
007.01 Applicability
007.01A The regulations of Section
007
of this Chapter apply to recyclable materials that
  are applied to or placed on the land:
007.01A1 Without mixing with any other
  substance(s); or
007.01A2 After
  mixing or combination with any other substance(s). These materials will be
  referred to as "materials used in a manner that constitutes
  disposal."
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-008 - Hazardous waste burned in boilers and industrial furnaces

Current through June 17, 2024
008.01 Applicability
008.01A The regulations of Sections
008
of this Chapter apply to hazardous waste burned or
  processed in a boiler or industrial furnace (as defined in Chapter 1),
  irrespective of the purpose of burning or processing, except as provided in
  Sections
008.01B
and
008.01C
of this Chapter. In Section
008
of this Chapter, the
  term "burn" means burning for energy recovery or destruction, or processing for
  materials recovery or as an ingredient. The emission standards of this Section
  apply to facilities operating under interim status or under a RCRA operating
  permit.
008.01B The following
  hazardous wastes and facilities are not subject to regulation in Section
008
of this Chapter:
008.01B1 Used oil burned for energy recovery
  that is also a hazardous waste solely because it exhibits a characteristic of
  hazardous waste identified in Chapter 3,
005
through
010
. Such used oil is subject to regulation under
  Section
010
of this Chapter, rather than this
  Section;
008.01B2 Gas recovered
  from hazardous or solid waste landfills when such gas is burned for energy
  recovery;
008.01B3 Hazardous wastes
  that are exempt from regulation under Chapter 2, Sections
008
through
013
, and Sections
002.04
through
002.07
of this
  Chapter, and hazardous wastes that are subject to special requirements for
  conditionally exempt small quantity generators under Chapter 8 of this Title;
  and
008.01B4 Coke ovens, if the
  only hazardous waste burned is DEQ/EPA Hazardous Waste No. K087, decanter tank
  tar sludge from coking operations.
008.01C The applicability and conditions of
  40
  CFR 266.100(b) and (d) through
  (h), pertaining to owners and operators, are
  hereby adopted and incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-009 - Used Oil Management

Current through June 17, 2024
Used oil that is recycled includes any used oil which is reused,
	 following its original use, for any purpose (including the purpose for which
	 the oil was originally used). Such term includes, but is not limited to, oil
	 which is re-refined, reclaimed, burned for energy recovery, or
	 reprocessed.
009.01 Applicability
Materials containing or otherwise contaminated with used oil. Except as
	 provided in Section
009.02
of this chapter, materials
	 containing or otherwise contaminated with used oil from which the used oil has
	 been properly drained or removed to the extent possible such that no visible
	 signs of free-flowing oil remain in or on the material:
009.01A Are not used oil and are not subject
  to this chapter, and
009.01B If
  applicable, are subject to the hazardous waste regulations of this
  Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-011 - Recyclable materials utilized for precious metal recovery

Current through June 17, 2024
011.01 Applicability and scope
The regulations of Section
011
of this
	 Chapter, apply to recyclable materials that are reclaimed to recover
	 economically significant amounts of gold, silver, platinum, palladium, iridium,
	 osmium, rhodium, ruthenium, or any combination of these.
011.02 Persons who generate, transport, or
  store recyclable materials that are regulated in Section
011
of this Chapter are subject to the following
  requirements:
011.02A Notification
  requirements under Chapter 4; and
011.02B Applicable requirements of the
  manifest system in Chapters 9, 10, 11, or 15.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - REQUIREMENTS FOR RECYCLABLE MATERIALS AND STANDARDS FOR MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 128-7-013 - Conditional exemption for low-level mixed waste storage, treatment, transportation and disposal

Current through June 17, 2024
013.01 The conditions and requirements of 40
  CFR Part 266, Subpart N, 266.210 through 266.360, pertaining to the conditional
  exemption for low-level mixed waste storage, treatment, transportation and
  disposal, are hereby adopted and incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-001

Current through June 17, 2024
A generator is a conditionally exempt small quantity generator in a
	 calendar month if no more than 100 kilograms of hazardous waste are generated
	 in that month.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-002

Current through June 17, 2024
Except for those wastes exceeding the exclusion level (as identified
	 in Section
005
of this Chapter) and wastes destined to
	 be burned for energy recovery (as identified in Section
006.03G
of this Chapter), a conditionally exempt small
	 quantity generator's hazardous wastes are not subject to regulation under this
	 Title, provided the generator complies with the requirements of Sections
006
and
007
of this
	 Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-003

Current through June 17, 2024
When making the quantity determinations of this Title, the generator
	 must include all hazardous waste that it generates, except hazardous waste
	 that:
003.01 Is exempt from regulation
  under Chapter 2, Sections
010
through
013
,
015.01
,
016
, or Chapter 7, Section
002
; or
003.02 Is managed immediately upon generation
  only in on-site elementary neutralization units, wastewater treatment units, or
  totally enclosed treatment facilities as defined in Chapter 1; or
003.03 Is recycled, without prior storage or
  accumulation, only in an on-site process subject to regulation under Chapter 7,
  Section
006
; or
003.04 Is used oil managed under the
  requirements of Chapter 7, Section
002.02
;
  or
003.05 Is spent lead-acid
  batteries managed under the requirements of Chapter 7, Section
011
; or
003.06 Is universal waste managed under
  Chapter 25.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-004

Current through June 17, 2024
In determining the quantity of hazardous waste generated, a generator
	 need not include:
004.01 Hazardous
  waste when it is removed from on-site storage as long as it was counted once;
  or
004.02 Hazardous waste produced
  by on-site treatment (including reclamation) of the generator's hazardous
  waste, so long as the hazardous waste that is treated was counted once;
  or
004.03 Spent materials that are
  generated, reclaimed, and subsequently reused on-site, so long as such spent
  materials have been counted once.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-005

Current through June 17, 2024
If a generator generates acute hazardous waste in a calendar month, in
	 quantities greater than set forth below, all quantities of that acute hazardous
	 waste are subject to full regulation under Chapter 10 and the notification
	 requirements of Chapter 4.
005.01 A
  total of one kilogram of acute hazardous wastes listed in Chapter 3,
013
through
016
and
005.02 A total of 100 kilograms of any
  residue or contaminated soil, waste, or other debris resulting from the
  clean-up of a spill, into or on any land or water, of any acute hazardous
  wastes listed in Chapter 3,
013
through
016
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-007

Current through June 17, 2024
Hazardous waste subject to the reduced requirements of this Chapter
	 may be mixed with non-hazardous waste and remain subject to these reduced
	 requirements even though the resultant mixture exceeds the quantity limitations
	 identified in this Chapter, unless the mixture meets any of the characteristics
	 of hazardous wastes identified in Chapter 3,
005
through
010
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - SPECIAL REQUIREMENTS FOR HAZARDOUS WASTES GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS › Section 128-8-008

Current through June 17, 2024
If a person mixes a solid waste with a hazardous waste that exceeds a
	 quantity exclusion level of this Chapter, the mixture is subject to Chapters 9
	 or 10.
*Note: Pursuant to Title 132, hazardous waste from conditionally exempt
	 small quantity generators may not be disposed in non-municipal, nonhazardous
	 landfills located in Nebraska.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-001 - Applicability

Current through June 17, 2024
001.01 A small quantity generator is one who
  generates in a calendar month a total quantity of hazardous waste greater than
  100 kilograms and less than 1,000 kilograms. Small quantity generators are
  subject to this Chapter.
001.02 A
  generator who treats, stores or disposes of hazardous waste on-site must comply
  with Chapter 4,
002
through
004
,
005. 03C, 005. 04
, and
005. 05
, Sections
007. 03
and
007. 04
of this Chapter, and, if applicable. Chapter
  10,
007
. A generator who treats, stores, or disposes
  hazardous waste onsite must also comply with all other applicable chapters of
  this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-002

Current through June 17, 2024
When making the quantity determinations of this Title, the generator
	 must include all hazardous waste that it generates, except hazardous waste
	 that:
002.01 Is exempt from regulation
  under Chapter 2, Sections
010
through
013
,
015. 01
,
016
, or Chapter 7, Section
002
; or
002.02 Is managed immediately upon generation
  only in on-site elementary neutralization units, wastewater treatment units, or
  totally enclosed treatment facilities as defined in Chapter 1; or
002.03 Is recycled, without prior storage or
  accumulation, only in an on-site process subject to regulation under Chapter 7,
  Section
006
; or
002.04 Is used oil managed under the
  requirements of Chapter 7, Section
002.02
:
  or
002.05 Is spent lead-acid
  batteries managed under the requirements of Chapter 7, Section
011
; or
002.06 Is universal waste managed under
  Chapter 25.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-003

Current through June 17, 2024
In determining the quantity of hazardous waste generated, a generator
	 need not include:
003.01 Hazardous
  waste when it is removed from on-site storage as long as it is counted once;
  or
003.02 Hazardous waste produced
  by on-site treatment (including reclamation) of hazardous waste, so long as the
  hazardous waste that is treated was counted once; or
003.03 Spent materials that are generated,
  reclaimed, and subsequently reused on-site, so long as such spent materials
  have been counted once.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-004

Current through June 17, 2024
If a small quantity generator generates acute hazardous waste in a
	 calendar month, in quantities greater than set forth below, all quantities of
	 that acute hazardous waste are subject to full regulation under Chapter 10 and
	 the notification requirements of Chapter 4.
004.01 A total of one kilogram of acute
  hazardous wastes listed in Chapter 3,
013
through
016
.
004.02 A total of 100 kilograms of any
  residue or contaminated soil, water or other debris resulting from the clean-up
  of a spill, into or on any land or water, of any acute hazardous waste listed
  in Chapter 3,
013
through
016
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-005

Current through June 17, 2024
The small quantity generator may accumulate acute hazardous waste
	 on-site. If he accumulates at any time acute hazardous waste in quantities
	 greater than those set forth in
004.01
or
004.02
of this Chapter, all of those accumulated acute
	 hazardous wastes are subject to regulation under Chapter 10 and the
	 notification requirements of Chapter 4. The time period of Chapter 10,
004.01
for accumulation of wastes on-site, begins when
	 the accumulated wastes exceed the exclusion limit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-006

Current through June 17, 2024
A small quantity generator who generates and accumulates acute
	 hazardous waste in a calendar month in quantities no greater than those
	 specified in
004.01
and
004.02
of this Chapter is subject to the requirements
	 of Chapter 8,
006.03
for all quantities of that acute
	 hazardous waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-007

Current through June 17, 2024
A small quantity generator shall comply with the following regarding
	 their hazardous waste (except as provided otherwise by Sections
004
and
005
of this
	 Chapter).
007.01 Chapter 4,
002
- Hazardous Waste Determination.
007.02 Chapter 4,
003
through
004
- DEQ/EPA
  Identification Number.
007.03 A
  small quantity generator may accumulate hazardous waste on-site for 180 days or
  less (or for 270 days if the generator must transport the waste, or offer that
  waste for transportation, over a distance of 200 miles or more) without a
  permit or without having interim status provided that:
007.03A The quantity of waste never exceeds
  6,000 kilograms and;
007.03B The
  generator complies with the tank requirements of Section 009 of this Chapter
  and;
007.03C The generator complies
  with the container requirements of Section
004.01A
of
  Chapter 10, except Section
004.01A 6
and;
007.03D The generator complies with the
  dating and labeling requirements of Sections
004.01F
and
004.01G
of Chapter 10 and;
007.03E The generator complies with the
  requirements of Chapter 16 except Section
002.01A
and;
007.03F The generator complies
  with the requirements of Chapter 17 and;
007.03G The generator complies with the
  requirements of Section
005.01E
of Chapter
  20.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-008

Current through June 17, 2024
A small quantity generator who accumulates hazardous waste in
	 quantities exceeding 6,000 kilograms or accumulates hazardous waste for more
	 than 180 days (or for more than 270 days if the generator must transport the
	 waste, or offer the waste for transportation, over a distance of 200 miles or
	 more) is an operator of a storage facility and is subject to the requirements
	 of Chapters 12 through 15 and Chapters 21 or 22 unless the generator has been
	 granted an extension to the 180-day (or 270 day, if applicable) period. Such
	 extension may be granted by the Director if hazardous wastes must remain
	 on-site for longer than 180-days (or 270 days if applicable) due to unforeseen,
	 temporary, and uncontrollable circumstances. An extension of up to 30 days may
	 be granted at the discretion of the Director on a case-by-case
	 basis.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - REQUIREMENTS FOR SMALL QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-9-009

Current through June 17, 2024
Small quantity generators that accumulate hazardous waste in tanks
	 must:
009.01 Comply with the following
  general operating requirements:
009.01A
  Treatment or storage of hazardous waste in tanks must comply with Chapter 16,
002. 02.
009.01B Hazardous wastes or treatment
  reagents must not be placed in a tank if they could cause the tank or its inner
  liner to rupture, leak, corrode, or otherwise fail before the end of its
  intended life.
009.01C Uncovered
  tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard,
  unless the tank is equipped with a containment structure (e.g., dike or
  trench), a drainage control system, or a diversion structure (e.g., standby
  tank) with a capacity that equals or exceeds the volume of the top 60
  centimeters (2 feet) of the tank.
009.01D Where hazardous waste is continuously
  fed into a tank, the tank must be equipped with a means to stop this inflow
  (e.g., waste feed cutoff system or by-pass system to a stand-by
  tank).
009.01E Remedy any
  deterioration or malfunction found.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-001 - Applicability

Current through June 17, 2024
All of the requirements of this chapter apply to large quantity
	 generators. As specified in Chapter 8 and 9, certain provisions of this chapter
	 apply to small quantity generators and conditionally exempt generators. A large
	 quantity generator is a generator who generates in a calendar month 1,000
	 kilograms or more of hazardous waste.
001.01 If a large quantity generator, small
  quantity generator or conditionally exempt generator generates or accumulates
  acute hazardous waste in quantities greater than those set out below, all
  quantities of the acute hazardous waste are subject to this Chapter.
001.01A A total of one kilogram of acute
  hazardous waste listed in Chapter 3,
013
, through
016
.
001.01B A total of 100 kilograms of any
  residue or contaminated soil, water or other debris resulting from the clean-up
  of a spill, into or on any land or water, of any acute hazardous waste listed
  in Chapter 3,
013
through
016
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-002 - Generator manifest procedures

Current through June 17, 2024
002.01 General Requirements
002.01A A generator who transports, or offers
  for transport a hazardous waste for offsite treatment, storage, or disposal, or
  a treatment, storage, and disposal facility who offers for transport a rejected
  hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on
  EPA Form 8700-22, and if necessary, EPA Form 8700-22A, according to the
  instructions included in the Appendix to 40 CFR Part 262, which is hereby
  adopted and incorporated herein by reference.
002.01A1 The conditions and requirements of
  40 CFR Part 262, Subpart B, 262.21 through 262.21(m)(2), pertaining to manifest
  tracking numbers, manifest printing, and obtaining manifests, are hereby
  incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-003 - Pre-transport requirements

Current through June 17, 2024
003.01 Before transporting hazardous waste or
  offering hazardous waste for transportation off-site, a generator must:
003.01A Package the waste in accordance with
  the applicable U.S. Department of Transportation regulations on packaging
  hazardous materials under 49 CFR Parts 173, 178, and 179.
003.01B Label each package in accordance with
  the applicable U.S. Department of Transportation regulations on hazardous
  materials under 49 CFR Part 172;
003.01C Mark each package in accordance with
  the applicable U.S. Department of Transportation regulations on hazardous
  materials under 49 CFR Part 172;
003.01D Mark each container of 119 gallons or
  less used in such transportation with the following words and information
  displayed in accordance with requirements of
  49 CFR
  172.304: "Hazardous Waste - Federal Law
  Prohibits Improper Disposal. If found, contact the nearest police or public
  safety authority or the U. S. Environmental Protection Agency. Generator's Name
  and
Address ____________________________.
Generator's EPA Identification Number
	 __________________________.
Manifest Tracking Number _________"; and
003.01E Placard or offer the initial
  transporter the appropriate placards according to Department of Transportation
  regulations for hazardous materials under 49 CFR Part 172, Subpart F.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-004 - Accumulation time

Current through June 17, 2024
004.01 A generator may accumulate hazardous
  waste on-site for 90 days or less without a permit or without having interim
  status, provided that:
004.01A The waste is
  placed in containers and the generator complies with the following:
004.01A1 If a container holding hazardous
  waste is not in good condition, or if it begins to leak, the generator must
  transfer the hazardous waste from this container to a container that is in good
  condition, or manage the waste in some other way that complies with the
  requirements of this chapter;
004.01A2 A container holding hazardous waste
  must always be closed during storage, except when it is necessary to add or
  remove waste;
004.01A3 A container
  holding hazardous waste must not be opened, handled or stored in a manner which
  may rupture a container or cause it to leak;
004.01A4 The generator must inspect areas
  where containers are stored, at least weekly, looking for leaks and for
  deterioration caused by corrosion and other factors; and
004.01A5 The generator must comply with
  Chapter 16 pertaining to requirements for ignitable, incompatible or reactive
  wastes.
004.01A6 The generator must
  comply with Chapter 22, Sections
019
and
020
, and
021
pertaining to
  organic air emissions.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-005 - Satellite accumulation

Current through June 17, 2024
005.01 A generator may accumulate as much as
  55 gallons of hazardous waste, or one quart of acute hazardous waste listed in
  Chapter 3,
015
, in containers at or near any point of
  generation where wastes initially accumulate, which is under the control of the
  operator of the process generating the waste, without a permit or interim
  status and without complying with Section
004.01
of
  this Chapter provided the generator:
005.01A
  Complies with Sections
004.01A1.
and
004.01A2.
of this Chapter and Chapter 16,
002.01C
, and
005.01B Marks the containers with the words
  "Hazardous Waste" or with other words that identify the contents of the
  containers.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-006 - International Shipments

Current through June 17, 2024
Any person who exports hazardous waste to a foreign country or imports
	 hazardous waste from a foreign country into the United States must comply with
	 the requirements of 40 CFR Part 262 Subparts E and F.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - REQUIREMENTS FOR LARGE QUANTITY GENERATORS OF HAZARDOUS WASTE › Section 128-10-007 - Farmers

Current through June 17, 2024
Farmers disposing of waste pesticide containers or residues from their
	 own use which are hazardous wastes are not required to comply with the
	 standards in this Chapter, and Chapters 12 through 15 (Permitting), and 20
	 (Permitted Facilities), provided, they triple rinse each empty pesticide
	 container in accordance with Chapter 2,
015.05
and
	 dispose of the pesticide residues on their own farm in a manner consistent with
	 the disposal instructions on the pesticide label.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTE › Section 128-11-001

Current through June 17, 2024
These hazardous waste transporter requirements establish standards
	 which apply to persons transporting hazardous waste within or through the State
	 of Nebraska if such transportation requires a manifest as specified under this
	 Chapter and Chapters 9 (Small Quantity Generators) and 10 (Large Quantity
	 Generators) of these regulations. Certain hazardous wastes defined as and
	 managed as universal wastes are transported according to Title 128, Chapter
	 25.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTE › Section 128-11-003

Current through June 17, 2024
A transporter shall also comply with Chapters 9 and 10, if the
	 transporter:
003.01 Transports
  hazardous waste into Nebraska from outside the United States; or
003.02 Mixes hazardous wastes of different
  DOT shipping descriptions by placing them in a single container.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTE › Section 128-11-005

Current through June 17, 2024
A transporter who stores manifested shipments of hazardous waste in
	 containers meeting the requirements of Chapter 10,
003.01A
for a period of ten days or less is not
	 subject to regulation with respect to the storage of those wastes. A
	 transporter who stores hazardous waste for more than ten days must comply with
	 the permit requirements of Chapters 12 through 15.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTE › Section 128-11-006 - Transporter manifest procedures

Current through June 17, 2024
006.01 Manifest requirement
A transporter may not accept hazardous waste from a generator unless
	 the transporter is also provided with a manifest signed in accordance with the
	 requirements of Chapter 10,
002
.
006.01A Exports. In the case of exports other
  than those subject to subpart H of 40 CFR Part 262, a transporter may not
  accept such waste from a primary exporter or other person if he knows the
  shipment does not conform to the EPA Acknowledgement of Consent; and unless, in
  addition to a manifest signed by the generator as provided in this section, the
  transporter shall also be provided with an EPA Acknowledgement of Consent
  which, except for shipments by rail, is attached to the manifest (or shipping
  paper for exports by water (bulk shipment)). For exports of hazardous waste
  subject to the requirements of subpart H of 40 CFR part 262, a transporter may
  not accept hazardous waste without a tracking document that includes all
  information required by
  40 CFR
  262.84.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - REQUIREMENTS FOR TRANSPORTERS OF HAZARDOUS WASTE › Section 128-11-007 - Recordkeeping

Current through June 17, 2024
007.01 A transporter of hazardous waste must
  keep a copy of the manifest signed by the generator, the transporter, and the
  next designated transporter or the owner or operator of the designated facility
  for a period of three years from the date the hazardous waste was accepted by
  the initial transporter.
007.02 For
  shipments delivered to the designated facility by water (bulk shipment), each
  water (bulk shipment) transporter must retain a copy of a shipping paper
  containing all the information required in Section
006.05B
of this Chapter, for a period of three years
  from the date the hazardous waste was accepted by the initial
  transporter.
007.03 For shipments
  of hazardous waste by rail within the United States:
007.03A The initial rail transporter must
  keep a copy of the manifest and shipping paper with all the information
  required in Section
006.06B
of this Chapter, for a
  period of three years from the date the hazardous waste was accepted by the
  initial transporter; and
007.03B
  The final rail transporter must keep a copy of the signed manifest (or the
  shipping paper if signed by the designated facility in lieu of the manifest)
  for a period of three years from the date the hazardous waste was accepted by
  the initial transporter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - PERMIT REQUIRED › Section 128-12-002 - Effect of a permit

Current through June 17, 2024
002.01 Compliance with a permit during its
  term constitutes compliance for purposes of enforcement of the State Act except
  for those requirements not included in the permit which:
002.01A Become effective by state or federal
  statute;
002.01B Are promulgated
  under Chapter 20, restricting the placement of hazardous wastes in or on the
  land;
002.01C Are promulgated under
  Chapter 21 regarding leak detection systems for new and replacement surface
  impoundment, waste pile, and landfill units, and lateral expansions of surface
  impoundment, waste pile, and landfill units. The leak detection system
  requirements include double liners, CQA programs, monitoring, action leakage
  rates, and response action plans, and will be implemented through the
  procedures of Chapter 15 Class 1 permit modifications; or
002.01D Are promulgated under Chapter 22,
  Sections
019
through
021
limiting air emissions.
002.01E
  However, a permit may be modified, revoked and reissued, or terminated for
  cause during its term as set forth in Chapter 15,
012
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - PERMIT REQUIRED › Section 128-12-003 - Interim status

Current through June 17, 2024
003.01 Qualifying for interim status
003.01A Any person who owns or operates an
  "existing HWM facility" or a facility in existence on the effective date of
  statutory or regulatory amendments under the State Act that render the facility
  subject to the requirement to have a permit under these regulations shall have
  interim status and shall be treated as having been issued a permit to the
  extent he or she has:
003.01A1 Complied with
  the requirements of Chapter 4 pertaining to notification of hazardous waste
  activity; and
003.01A2 Complied
  with the requirements of Chapter 13,
001
and
005
, governing the submission of a Part A
  application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - PERMIT REQUIRED › Section 128-12-004 - Remedial Action Plans (RAPs)

Current through June 17, 2024
004.01 The conditions and requirements of 40
  CFR Part 270, Subpart H, 270.79 through 270.230, pertaining to remedial action
  plans, are hereby adopted and incorporated herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - PERMIT REQUIRED › Section 128-12-005

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 270, Subpart I, 270.235,
	 pertaining to integration with maximum achievable control technology (MACT)
	 standards, are hereby adopted and incorporated herein by
	 reference.