Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20c - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 128-20c-013 - Alternative LDR treatment standards for contaminated soil

Current through June 17, 2024
013.01 Applicability
You must comply with LDRs prior to placing soil that exhibits a
	 characteristic of hazardous waste, or exhibited a characteristic of hazardous
	 waste at the time it was generated, into a land disposal unit. The following
	 chart describes whether you must comply with LDRs prior to placing soil
	 contaminated by listed hazardous waste into a land disposal unit:
If LDRs
And if LDRs
And if
Then you
Applied to the listed waste when it contaminated the
				  soil*
Apply to the listed waste now
-
Must comply with LDRs
Didn't apply to the listed waste when it contaminated the
				  soil*
Apply to the listed waste now
The soil is determined to contain the listed waste when the
				  soil is first generated
Must comply with LDRs
Didn't apply to the listed waste when it contaminated the
				  soil*
Apply to the listed waste now
The soil is determined not to contain the listed waste when
				  the soil is first generated
Needn't comply with the LDRs
Didn't apply to the listed waste when it contaminated the
				  soil*
Don't apply to the listed waste now
-
Needn't comply with the LDRs
*For dates of LDR applicability, see 40
CFR
Part 268
	 Appendix VII. To determine the date any given listed hazardous waste
	 contaminated any given volume of soil, use the last date any given listed
	 hazardous waste was placed into any given land disposal unit or, in the case of
	 an accidental spill, the date of the spill.
013.02 Prior to land disposal, contaminated
  soil identified by paragraph
013.01
of this section as
  needing to comply with LDRs must be treated according to the applicable
  treatment standards specified in paragraph
013.03
of
  this section or according to the Universal Treatment Standards specified in
  Section
012
applicable to the contaminating listed
  hazardous waste and/or the applicable characteristic of hazardous waste if the
  soil is characteristic. The treatment standards specified in paragraph
013.03
of this section and the Universal Treatment
  Standards may be modified through a treatment variance approved in accordance
  with Chapter 5,
006
.
013.03 Treatment standards for contaminated
  soils
Prior to land disposal, contaminated soil identified by paragraph
013.01
of this section as needing to comply with LDRs
	 must be treated according to all the standards specified in this paragraph or
	 according to the Universal Treatment Standards specified in Section
012
.
013.03A
  All soils. Prior to land disposal, all constituents subject to treatment must
  be treated as follows:
013.03A1 For
  non-metals except carbon disulfide, cyclohexanone, and methanol, treatment must
  achieve 90 percent reduction in total constituent concentrations, except as
  provided by paragraph
013.03A3
of this
  section.
013.03A2 For metals and
  carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90
  percent reduction in constituent concentrations as measured in leachate from
  the treated media (tested according to the TCLP) or 90 percent reduction in
  total constituent concentrations (when a metal removal treatment technology is
  used), except as provided by paragraph
013.03A3
of
  this section.
013.03A3 When
  treatment of any constituent subject to treatment to a 90 percent reduction
  standard would result in a concentration less than 10 times the Universal
  Treatment Standard for that constituent, treatment to achieve constituent
  concentrations less than 10 times the universal treatment standard is not
  required. Universal Treatment Standards are identified in Section
012
, Table 12.