Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 22 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 128-22-001 - Applicability

Current through June 17, 2024
This Chapter establishes interim status (as defined in Chapter 12)
	 standards for owners and operators of hazardous waste treatment, storage, and
	 disposal facilities that meet the requirements of Chapter 12,
003
. Except as provided in
	 40
	 CFR 265.1080(b), as
	 incorporated by reference in Section
021
of this
	 Chapter, the standards of this Chapter and of
	 40 CFR
	 264.552,
	 264.553, and
	 264.554 as
	 incorporated by reference in Chapter 21,
016
, apply to
	 owners and operators of facilities that treat, store or dispose hazardous waste
	 who have fully complied with the requirements for interim status under this
	 Title until either a permit is issued under this Title or until applicable
	 Chapter 22 closure and post-closure responsibilities are fulfilled, and to
	 those owners and operators of facilities in existence on November 19, 1980 who
	 have failed to provide timely notification as required by this Title and/or
	 failed to file Part A of the permit application as required by this
	 Title.
001.01 The requirements of this
  Chapter do not apply to:
001.01A The owner or
  operator of a POTW which treats or disposes of hazardous waste;
001.01B The owner or operator of a facility
  permitted, licensed or registered by DEQ to manage municipal or industrial
  solid waste, if the only hazardous waste the facility treats, stores or
  disposes is excluded from regulation under Chapter 8;
001.01C The owner or operator of a facility
  managing recyclable materials described in Chapter 7,
002
and
003
(except to the
  extent that the requirements of this Chapter are referred to in Chapter 7,
007
through
011)
;
001.01D A generator accumulating waste
  on-site in compliance with Chapter 9,
007
through
009
or Chapter 10,
004
and
005
;
001.01E A farmer disposing of waste
  pesticides from the farmer's own use in compliance with Chapter 10,
007
;
001.01F The owner or operator of a totally
  enclosed treatment facility, as defined in Chapter 1;
001.01G The owner or operator of an
  elementary neutralization unit or a wastewater treatment unit as defined in
  Chapter 1; provided that if the owner or operator is diluting hazardous
  ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
  Chapter 20) or reactive (D003) waste, to remove the characteristic before land
  disposal, the owner/operator must comply with the requirements set out in
  40
  CFR 265.17(b), as
  incorporated by reference in Section
002
of this
  Chapter.
001.01H A person engaged
  in treatment or containment activities during immediate response to: a
  discharge of hazardous waste; an imminent and substantial threat of discharge
  of hazardous waste; or a discharge of a material which, when discharged,
  becomes a hazardous waste, except:
001.01H1 A
  person who continues or initiates hazardous waste treatment or containment
  activities after the immediate response is over is subject to all applicable
  requirements of this Chapter;
001.01H2 An owner or operator of a facility
  otherwise regulated by this Chapter must comply with all applicable
  requirements in Sections
003
and
004
of this Chapter.
001.01I A transporter storing manifested
  shipments of hazardous waste in containers meeting the requirements of Chapter
  9,
006.03
and Chapter 10,
003.01A
at a transfer facility for a period of 10 days
  or less.
001.01J The combining of
  absorbent material and waste in a container provided that these actions occur
  at the time the waste is first placed in the container. Chapter 16 and Chapter
  9,
006.03
; and Chapter 10,
004.01A1
are complied with.
001.01K Universal waste handlers and
  universal waste transporters handling the wastes described in Chapter 25. These
  handlers are subject to regulation under Chapter 25.