Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Appendix IV - WASTES EXCLUDED FROM CHAPTER 3

Current through June 17, 2024
Facility:
Address:
Thermal Oxidation Facility
Kimball,County
Kimball, NE NED981723513
Nebraska
Waste Description:
Ash, bed media, oversized material, and air pollution control residue
	 generated at the Thermal Oxidation Facility (TOF), Kimball County, Nebraska,
	 during the fluidized bed thermal oxidation of hazardous waste listed in:
(1) Chapter 3,
013.
Hazardous Waste from
	 Nonspecific Sources (except those wastes numbered F020-F023 and
	 F026-F028);
(2) Chapter 3,
014.
Hazardous Waste from
	 Specific Sources.
(3) Chapter 3,
015.
Acute Hazardous Waste;
	 and
(4) Chapter 3,
016.
Toxic Waste; and
Stabilized ash, bed media, and air pollution control residue generated
	 at the TOF during the fluidized bed thermal oxidation of hazardous waste listed
	 in:
(1) Chapter 3,
013.
Hazardous Waste from
	 Nonspecific Sources (except those wastes numbered F020-F023 and
	 F026-F028);
(2) Chapter 3,
014.
Hazardous Waste from
	 Specific Sources;
(3) Chapter 3,
015.
Acute Hazardous Waste;
	 and
(4) Chapter 3,
016.
Toxic Waste, generated
	 after September 6, 1994, provided that the owner or operator (owner/operator)
	 meets the following conditions:
(1) Verification testing:
(A) Initial testing:
For the first thirty (30) operating days during the period designated
	 in the Nebraska Department of Environmental
Quality (NDEQ), Hazardous Waste Incinerator and Storage Facility Permit
	 (Permit), NED981723513, at Part VI.G.3. as Post-Trial Burn, excluding oversized
	 material, owner/operator must collect grab samples of mixed ash, bed media, and
	 air pollution control residue (Waste) and composite these samples daily. The
	 daily composite samples must be split and analyzed, respectively, prior to
	 disposal, by owner/operator and by an independent laboratory designated by the
	 Director. An SW-846 Method 1311, Toxicity Characteristics Leaching Procedure
	 (TCLP) analysis, or an alternate method approved by the Director, is required
	 for all hazardous waste constituents listed in (2)(A) and (2) (B), (except that
	 2,4-D and Silvex need not be analyzed unless they are known to be constituents
	 of hazardous waste fed to the thermal oxidation unit (TOU)), and a total
	 analysis is required for all constituents in (2)(D). An analysis for the
	 concentrations of leachable constituents listed in (2)(C) is required using
	 0.001 M sodium bicarbonate at pH 8.3 and the SW-846 Method 1311 extraction
	 procedure protocol, or an alternate method approved by the Director, except
	 that Chlordane, 2,4,5-T, diethylstilbestrol and epichlorohydrin need not be
	 analyzed unless they are known to be constituents of hazardous waste fed to the
	 TOU.
If analysis shows that the concentrations of all of the constituents
	 listed in (2)(C) and (2)(D) are equal to, or less than, the corresponding
	 delisting levels, and the concentration of any one of the constituents listed
	 in (2)(A) or (2)(B) is greater than, the corresponding delisting level, the
	 Waste must be stabilized and composited grab samples of the stabilized Waste
	 must be split and analyzed, respectively, prior to disposal, by owner/operator
	 and an independent laboratory designated by the Director. The Multiple
	 Extraction Procedure (MEP) using the TCLP extraction rather than the EP,
	 analysis of the stabilized Waste, using SW-846 Method 1320, must be performed
	 to obtain the leachable concentrations of constituents listed in (2)(A) and
	 (2)(B). A minimum of eight (8) composited grab samples of stabilized Waste, as
	 defined in the Waste Analysis Plan, must be split and analyzed over the thirty
	 (30) day period.
For hazardous waste constituents where the delisting level is less than
	 the Practical Quantitation Limit (PQL) the delisting level will have been
	 achieved if a constituent is not detected provided that the Method Detection
	 Limit (MDL) is less than the delisting level.
The owner/operator must report the results of all available analyses
	 beginning no later than ten (10) days after the Post-Trail Burn commences and
	 continuing at ten (10) day intervals until data from thirty (30) TOF operating
	 days has been reported. For the purposes of this section, operation day means
	 any 24-hour period during which the facility incinerates hazardous
	 waste.
Waste and stabilized Waste for which analysis verifies that the
	 concentrations of all constituents listed in (2) (A), (2)(B), (2)(C), and
	 (2)(D) are equal to, or l less than, delisting levels must be disposed of in a
	 monofill dedicated to the disposal of Waste and stabilized Waste generated at
	 the TOF only and licensed according to the requirements of Title 132 -
Integrated Solid Waste Management Regulations
(Title
	 132), as amended, or it must be managed and disposed of as a hazardous waste in
	 accordance with Title 128 and in accordance with the facility permits.
The Initial Testing period may be extended an additional thirty (3)
	 days as required by the Director in accordance with a written notice provided
	 to owner/operator prior to the end of the Initial Testing period.
During the Initial Testing period, no Waste or stabilized Waste may be
	 disposed of in the owner/operator monofill without the written approval of the
	 Director.
(B) Subsequent testing:
Once the Initial Testing period has ended, the testing requirements of
	 (1)(A) shall continue except for the verification sampling and analysis by an
	 independent laboratory, and the MEP analysis of Stabalized Waste. Verification
	 by an independent laboratory and MEP analyses may be required by the Director
	 as necessary throughout the operating life of the facility. The owner/operator
	 must nevertheless composite and analyze grab samples collected during the
	 filling of each ash day bin and stabilization, if required, prior to
	 disposal.
(C) Maintenance reports:
All reports of analyses and results of studies to establish Method
	 Detection Limits must be maintained on the TOF site throughout the operating
	 life of the facility. In addition, a report summarizing analyses must be
	 submitted to the NDEQ within thirty (30) days after the end of each calendar
	 year quarter.
(2) Delisting Levels:
(A) Metals:
If the extract concentration of any one of the following constituents
	 is greater than the corresponding delisting level, the Waste must be stabilized
	 until the constituent concentration is less than, or equal to, the
	 corresponding delisting level, or it must be managed and disposed of as a
	 hazardous waste in accordance with Title 128:
CONSTITUENT NAME
DELISTING LEVEL (mg/L)
PRACTICAL QUANTITATION LIMIT (mg/L)
Antimony
1.0
0.5
Arsenic
5.0
1.0
Barium
100.0
0.1
Beryllium
20.0
0.5
Cadmium
1.0
0.3
Chromium
5.0
0.2
Lead
5.0
0.3
Mercury
0.2
0.002
Nickel
5.0
0.2
Selenium
1.0
1.0
Silver
5.0
0.2
Thallium
14.0
1.0
Vanadium
20.0
0.2
Zinc
500.0
0.2
(B) Other toxicity characteristic constituents:
If the extract concentration of any one of the following constituents
	 is greater than the corresponding delisting level, the Waste must be retreated
	 at the TOF by thermal oxidation until the constituent concentration is less
	 than, or equal to, the corresponding delisting level, or it must be managed and
	 disposed of as a hazardous waste in accordance with Title 128, except that
	 2,4-D and Silvex need not be analyzed unless they are known to be constituents
	 of hazardous waste fed to the TOU:
CONSTITUENT NAME
DELISTING LEVEL (mg/L)
PRACTICAL QUANTITATION LIMIT (mg/L)
Chlordane
0.03
0.001
Endrin
0.02
0.0001
Heptachlor
0.008
0.00005
Heptachlor epoxide
0.008
0.001
Lindane
0.4
0.00005
Methoxychlor
10.0
0.01
Toxaphene
0.5
0.002
2,4-D
10.0
0.01
Silvex
1.0
0.002
Benzene
0.5
0.005
Carbon tetrachloride
0.5
0.005
Chlorobenzene
100.0
0.005
Chloroform
6.0
0.005
Cresols (ortho, meta, para, total)
200.0
0.01
1,4-Dichlorobenzene
7.5
0.01
1,2-Dichloroethane
0.5
0.005
1,1-Dichloroethylene
0.7
0.005
2,4-Dinitrotoluene
0.13
0.01
Hexachlorobenzene
0.13
0.01
Hexachlorobutadiene
0.5
0.01
Hexachloroethane
3.0
0.01
Methyl ethyl ketone
200.0
0.01
Nitrobenzene
2.0
0.01
Pentachlorophenol
100.0
0.05
Pyridine
5.0
0.01
Tetrachloroethylene
0.7
0.005
Trichloroethylene
0.5
0.005
2,4,5-Trichlorophenol
400.0
0.01
2,4,6-Trichlorophenol
2.0
0.01
Vinyl chloride
0.2
0.01
(C) Organics and cyanides:
If the extract concentration of any one of the following constituents
	 determined using 0.001 M sodium bicarbonate at pH 8.3 and SW-846 Method 1311,
	 or an equivalent method approved by the Director, protocol exceeds the
	 corresponding delisting level, the Waste must be re-treated at the TOF by
	 thermal oxidation until the constituent concentration is less than, or equal
	 to, the corresponding delisting level, or it must be managed and disposed of as
	 a hazardous waste in accordance with Title 128, except that chlordane, 2,4,5-T,
	 diethylstilbestrol and epichlorohydrin need not be analyzed unless they are
	 known to be constituents of hazardous waste fed to the TOU:
CONSTITUENT NAME
DELISTING LEVEL (mg/L)
PRACTICAL QUANTITATION LIMIT (mg/L)
Acenaphthene
200.0
0.01
Acetone
400.0
0.1
Acetonitrile
20.0
0.1
Acetophenone
400.0
0.01
Acrolein
70.0
0.05
Acrylonitrile
0.01
0.01
Aldrin
0.0002
0.00005
Allyl chloride
0.2
0.1
Aniline
0.6
0.01
Aramite
0.1
0.01
Benz[a]anthracene
0.01
0.01
Benzidine
0.02
0.02
Benzo[a]pyrene
0.02
0.01
Benzo[b]fluoranthene
0.02
0.01
Benzyl alcohol
1000.0
0.02
Benzyl chloride
0.02
0.02
Bis(2-chloroethyl) ether
0.01
0.01
Bis(2-chloroisoproyl) ether
0.05
0.01
Bis(2-ethylhexyl) phthalate
0.6
0.01
Bromodichloromethane
0.03
0.005
Bromomethane
5.0
0.005
Butyl benzyl phthalate
10.0
0.01
2-sec-Butyl-4,6-dinitrophenol (Dinoseb)
0.7
0.02
Carbon disulfide
400.0
0.005
p-Chloroaniline
10.0
0.02
Chlorobenzilate
70.0
0.01
2-Chloro-1, 3-butadiene (Chloroprene)
70.0
0.01
Chlorodibromomethane
0.04
0.005
2-Chlorophenol
20.0
0.01
Chrysene
0.02
0.01
Cyanide
20.0
0.04
DDD
0.01
0.0001
DDE
0.01
0.00005
DDT
0.01
0.0001
Diallate
0.06
0.01
Dibenz[a,h]anthracene
0.03
0.01
1,2-Dibromo-3-chloropropane
0.02
0.005
Dibromomethane
40.0
0.005
Di-n-butyl phthalate
400.0
0.01
1,2-Dichlorobenzene
60.0
0.01
3,3'-Dichlorobenzidine
0.02
0.02
Dichlorodifluoromethane
700.0
0.01
1,1-Dichloroethane
400.0
0.005
cis-1,2-Dichloroethylene
7.0
0.005
trans-1,2-Dichloroethylene
10.0
0.005
Dichloromethane
0.5
0.005
2,4-Dichlorophenol
10.0
0.01
1,2-Dichloropropane
0.5
0.005
1,3-Dichloropropene
0.02
0.005
Dieldrin
0.0002
0.00005
Diethyl phthalate
3000.0
0.01
Dimethoate
0.7
0.01
3,3'-Dimethoxybenzidine
0.3
0.01
3,3'-Dimethylbenzidine
0.01
0.01
7,12-Dimethylbenz[a]-anthracene
0.01
0.01
2,4-Dimethylphenol
70.0
0.01
Dimethyl phthalate
40000.0
0.01
1,3-Dinitrobenzene
0.4
0.01
2,4-Dinitrophenol
7.0
0.05
Di-n-octyl phthalate
70.0
0.01
1,4-Dioxane
0.3
0.15
Diphenylamine
90.0
0.01
1,2-Diphenylhydrazine
0.02
0.02
Disulfoton
0.1
0.01
Endosulfan
0.2
0.0001
2-Ethoxyl ethanol
1000.0
10.0
Ethyl benzene
70.0
0.005
Ethyl ether
700.0
0.01
Ethylene dibromide
0.005
0.005
Ethyl methacrylate
300.0
0.01
Ethyl methanesulfonate
0.01
0.01
Famphur
0.1
0.01
Fluoranthene
100.0
0.01
Fluorine
100.0
0.01
Fluoride
100.0
0.1
Formic acid
7000.0
1.0
Hexachlorocyclopenta-diene
5.0
0.01
Hexachlorophene
1.0
0.01
alpha-HCH
0.0006
0.0005
beta-HCH
0.002
0.0005
Indeno[1,2,3,cd]pyrene
0.04
0.01
Isobutanol
1000.0
0.01
Isophorone
0.9
0.01
Kepone
0.01
0.01
Methacrylonitrile
0.4
0.005
Methanol
2000.0
10.0
Methyl chloride
0.3
0.01
3-Methylcholanthrene
0.01
0.01
Methyl isobutyl ketone
200.0
0.01
Methyl methacrylate
300.0
0.005
Methyl parathion
0.9
0.01
Naphthalene
100.0
0.01
2-Naphthylamine
0.01
0.01
2-Nitropropane
0.02
0.02
N-Nitroso-di-n-butylamine
0.01
0.01
N-Nitrosodiethylamine
0.01
0.01
N-Nitrosodimethylamine
0.01
0.01
N-Nitrosodiphenylamine
0.7
0.01
N-Nitrosodi-n-propylamine
0.01
0.01
N-Nitrosomethylethylamine
0.01
0.01
N-Nitrosopiperidine
0.01
0.01
Nitrosopyrrolidine
0.01
0.01
Octamethyl pyrophosphoramide
7.0
0.2
Parathion
20.0
0.01
Pentachlorobenzene
3.0
0.01
Pentachloronitrobenzene
0.01
0.01
Phenol
100.0
0.01
Phorate
0.7
0.01
Polychlorinated biphenyls
0.05
0.05
Pronamide
300.0
0.01
Pyrene
100.0
0.01
Pyridine
4.0
0.01
Safrole
0.01
0.01
Strychnine and salts
1.0
0.04
Styrene
10.0
0.005
1,2,4,5-Tetrachlorobenzene
1.0
0.01
1,1,1,2-Tetrachloroethane
0.1
0.005
1,1,2,2-Tetrachloroethane
0.02
0.005
2,3,4,6-Tetrachlorophenol
100.0
0.01
Tetraethyl dithiopyro-phosphate (Sulfatepp)
2.0
0.01
Toluene
100.0
0.005
Toluene-2,4-diamine
0.01
0.01
Toluene-2,6-diamine
700.0
0.01
o-Toluidine
0.01
0.01
p-Toluidine
0.02
0.01
Tribromomethane (Bromoform)
0.4
0.005
1,2,4-Trichlorobenzene
7.0
0.01
1,1,1-Trichloroethane
20.0
0.005
1,1,2-Trichloroethane
0.5
0.005
Trichlorofluoromethane
1000.0
0.005
2,4,5-Trichlorophenoxy-acetic acid (2,4,5-T)
40.0
0.002
1,2,3-Trichloropropane
20.0
0.005
1,1,2-Trichloro-1,2,2-trifluoroethane
100000.0
0.01
sym-Trinitrobenzene
0.2
0.01
Tris(2,3-dibromopropyl) phosphate
0.2
0.2
Xylene (mixed)
1000.0
0.005
(D) Polychlorinated dibenzo-p-dioxins and dibenzofurans:
If the concentration of any one of the polychlorinated
	 dibenzo-p-dioxins and dibenzofurans analyzed by SW-846 Method 8280, or an
	 equivalent method approved by the Director, exceeds the corresponding delisting
	 level, but does not equal or exceed the corresponding permit concentration
	 limits established for waste acceptance, the Waste will be considered a
	 hazardous waste, and it may be re-treated by the TOF thermal oxidation until
	 its concentration is less than, or equal to, the delisting level. Otherwise, it
	 must be managed as hazardous waste in accordance with Title 128.
The concentration of polychlorinated dibenzo-p-dioxins shall be
	 calculated as 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD) equivalents,
	 using the current EPA-approved method of determining equivalents or using an
	 alternate method approved by the Director. If the EPA modifies its method,
	 owner/operator will be given reasonable time to prepare a transition plan for
	 submittal and approval by the Director.
Constituent
Delisting
	 Level
2,3,7,8-TCDD (equivalents) 1.0 (ug/kg)
(3) Testing List Amendment:
The owner/operator must monitor EPA health-based standards using the
	 current "Docket Report on Health-Based Levels and Solubilities Used in the
	 Evaluation of Delisting Petitions, submitted under
	 40 CFR
	 260.20 and CFR 260.22". If changes are made
	 to the constituent lists and standards, owner/operator must notify NDEQ of
	 these changes on or before the first day of July of each year. The Council may
	 amend the delisting levels, in (2)(A), (2)(B), and (2)(C) to correspond to
	 changed constituents or standards.
(4) Data Submittals:
All reports of analyses must be submitted to the Director, NDEQ, P. O.
	 Box 98922, Lincoln, Nebraska 68509-8922 within the time period specified in
	 (1)(A) and (1)(B), respectively. Failure to submit the required reports will be
	 considered by NDEQ to revoke owner/operator exclusion.
All reports of analyses must be accompanied by the following
	 certification statement: "Under civil and criminal penalty of law for the
	 making or submission of false or fraudulent statements or representations, I
	 certify that the information contained in or accompanying this document is
	 true, accurate, and complete. As to those identified sections of this document
	 for which I can personally verify their truth or accuracy, I certify that the
	 information contained in or accompanying this document is true, accurate, and
	 complete. As to those identified sections of this document for which I cannot
	 personally verify their truth or accuracy, I certify as the company official
	 having supervisory responsibility for the persons who, acting under my direct
	 instructions, made the verification that this information is true, accurate,
	 and complete. In the event that any of this information is determined by NDEQ
	 in its sole discretion to be false, inaccurate or incomplete, and upon
	 conveyance of this fact to the company, I recognize and agree that this
	 exclusion of wastes will be void as if it never had effect or to the extent
	 directed by NDEQ and that the company will be liable for any actions taken in
	 contravention of the company's RCRA and CERCLA obligations premised upon the
	 company's reliance on the void exclusion."
(5) Petition for Renewal of the Exclusion:
When the design capacity of the permitted monofill is attained,
	 owner/operator must petition the Environmental Quality Council (EQC) for a new
	 exclusion based on a new site, or it must manage the Waste and Stabilized Waste
	 as hazardous waste in accordance with Title 128.
(6) Disposal of Waste and Stabilized Waste:
Waste and Stabilized Waste generated at the TOF during the thermal
	 oxidation of hazardous waste must be disposed of at the permitted monofill
	 licensed permitted according to Title 132, as amended, or it must be managed as
	 hazardous waste in accordance with Title 128. Any deviation from these
	 requirements and the terms of the permit to operate the owner/operator
	 monofill, will void this exclusion.