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 128-8-006

Current through June 17, 2024
In order for hazardous waste and acute hazardous waste generated by a
	 conditionally exempt small quantity generator to be excluded from regulation
	 under Chapters 9 and 10, the generator must comply with the following
	 requirements:
006.01 The hazardous
  waste determination requirement in Chapter 4,
002
.
006.02 The conditionally exempt small
  quantity generator may accumulate hazardous waste and acute hazardous waste
  on-site. If the generator accumulates, at any time, more than a total of 1,000
  kilograms of hazardous waste, or acute hazardous waste in quantities greater
  than those set forth in
005.01
or
005.02
of this Chapter, all of those accumulated
  wastes are subject to regulation under Chapter 9 (or Chapter 10 for acute
  hazardous waste), and the notification requirements of Chapter 4. The time
  period of Chapter 9,
007.03
or Chapter 10,
004.01
begins when the accumulated wastes exceed the
  applicable exclusion limit.
006.03
  A conditionally exempt small quantity generator may either treat or dispose of
  their excluded hazardous waste in an on-site facility, or ensure delivery to an
  off-site storage, treatment, or disposal facility, either of which, if located
  in the U.S., is:
006.03A Permitted under
  Chapters 12 through 15 or by the EPA or a state other than Nebraska with a
  hazardous waste management program approved by EPA; or,
006.03B Authorized to operate with interim
  status under Chapter 12,
003
or by the EPA or a state
  other than Nebraska with a hazardous waste management program approved by EPA;
  or,
006.03C Permitted, licensed or
  registered by DEQ to manage municipal solid waste and, if managed in a
  municipal solid waste landfill, the landfill is subject to Title 132 -
Integrated Solid Waste Landfill Regulations
, if
  located in Nebraska, or 40 CFR Part 258 (pertaining to RCRA Subtitle D
  Landfills) if located outside of Nebraska or,
006.03D Permitted, licensed or registered by
  DEQ to manage non-municipal non-hazardous waste and, if managed in a
  non-municipal nonhazardous waste disposal unit, is subject to the requirements
  in
  40
  CFR 257.5 through
  257.30
  if located outside of Nebraska*; or
006.03E A facility which:
006.03E1 Beneficially uses or re-uses, or
  legitimately recycles or reclaims its wastes; or
006.03E2 Treats its waste prior to beneficial
  use or re-use, or legitimate recycling or reclamation.
006.03F For universal waste managed under
  Chapter 25, a universal waste handler or destination facility subject to the
  requirements of Chapter 25.
006.03G
  If a conditionally exempt small quantity generator's hazardous waste is mixed
  with used oil, the mixture is subject to Chapter 7,
009
if it is destined to be burned for energy
  recovery. Any material produced from such a mixture by processing, blending, or
  other treatment, is also so regulated if it is destined to be burned for energy
  recovery.