reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-008 - Exclusions

Current through June 17, 2024
The following materials are not solid wastes for the purposes of this
	 Chapter, Chapter 3, Chapter 7,
001
through
006
and Chapter 6:
008.01 Any sewage which is exclusively
  domestic and any mixture of domestic sewage and other wastes that pass through
  a sewer system to a publicly owned treatment works for treatment. "Domestic
  sewage" means untreated sanitary wastes that pass through a sewer
  system.
008.02 Industrial
  wastewater discharges that are point source discharges subject to regulation
  under Neb. Rev. Stat. §
									81-1505(3),(4),and
  (11).
008.03 Irrigation return flows.
008.04 Source, special nuclear or by-product
  material as defined by the Atomic Energy Act of 1954, as amended,
  42 U.S.C.
  2011 et. seq. unless the material is mixed
  with hazardous waste as defined in Chapter 3,
005
through
016
.
008.05 Materials subjected to in-situ mining
  techniques which are not removed from the ground as part of the extraction
  process.
008.06 Pulping liquors
  (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace
  and then reused in the pulping process, unless it is accumulated speculatively
  as defined in Section
002
of this Chapter.
008.07 Spent sulfuric acid used to produce
  virgin sulfuric acid, unless it is accumulated speculatively as defined in
  Section
002
of this Chapter.
008.08 Secondary materials that are reclaimed
  and returned to the original process or processes in which they were generated
  where they are reused in the production process provided:
008.08A Only tank storage is involved, and
  the entire process through completion of reclamation is closed by being
  entirely connected with pipes or other comparable enclosed means of
  conveyance;
008.08B Reclamation
  does not involve controlled flame combustion (such as occurs in boilers,
  industrial furnaces, or incinerators);
008.08C The secondary materials are never
  accumulated in such tanks for over twelve months without being reclaimed;
  and
008.08D The reclaimed material
  is not used to produce a fuel, or used to produce products that are used in a
  manner constituting disposal.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-009

Current through June 17, 2024
The following solid wastes are not hazardous wastes:
009.01 Household waste, including household
  waste that has been collected, transported, stored, treated, disposed,
  recovered, (e.g., refuse-derived fuel) or reused. "Household waste" means any
  material (including garbage, trash and sanitary wastes in septic tanks) derived
  from households (including single and multiple residences, hotels and motels,
  bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and
  day-use recreation areas). A facility managing municipal solid waste shall not
  be deemed to be treating, storing, disposing of, or otherwise managing
  hazardous wastes for the purposes of these regulations if such facility:
009.01A Receives and burns only:
009.01A1 Household waste (from single and
  multiple dwellings, hotels, motels, and other residential sources);
  and
009.01A2 Solid waste from
  commercial or industrial sources that does not contain hazardous waste;
  and
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-010

Current through June 17, 2024
The following hazardous wastes are exempted from certain
	 regulations:
010.01 A hazardous waste
  which is generated in a product or raw material storage tank, a product or raw
  material transport vehicle or vessel, a product or raw material pipeline or in
  a manufacturing process unit or an associated non-waste-treatment manufacturing
  unit is not subject to this Title until it exits the unit in which it was
  generated, unless the unit is a surface impoundment, or unless the hazardous
  waste remains in the unit more than 90 days after the unit ceases to be
  operated for manufacturing, or for storage or transportation of product or raw
  materials.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-011 - Samples

Current through June 17, 2024
011.01 Except as provided in Section
011.02
of this Chapter, a sample of solid waste or a
  sample of water, soil, or air, which is collected for the sole purpose of
  testing to determine its characteristics or composition, is not subject to any
  requirements of this Title when:
011.01A The
  sample is being transported to a laboratory for the purpose of testing;
  or
011.01B The sample is being
  transported to the sample collector after testing; or
011.01C The sample is being stored by the
  sample collector before transport to a laboratory for testing; or
011.01D The sample is being stored in a
  laboratory before testing; or
011.01E The sample is being stored in a
  laboratory after testing but before it is returned to the sample collector;
  or
011.01F The sample is being
  stored temporarily in a laboratory after testing for a specific purpose (for
  example, until conclusion of a court case or enforcement action where further
  testing of the sample may be necessary).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-012 - Treatability study samples

Current through June 17, 2024
012.01 If the conditions and requirements of
  Section
012.02
of this Chapter, and of
  40
  CFR 261.4(e)(2) which are
  hereby adopted and incorporated herein by reference, are met, persons who
  generate or collect samples for the purpose of conducting treatability studies
  as defined in Chapter 1, are not subject to the requirements of this Title, nor
  are such samples included in the quantity determinations of Chapters 8 through
  10, when:
012.01A The sample is being
  collected and prepared for transportation by the generator or sample collector;
  or
012.01B The sample is being
  accumulated or stored by the generator or sample collector prior to
  transportation to a laboratory or testing facility; or
012.01C The sample is being transported to
  the laboratory or testing facility for the purpose of conducting a treatability
  study.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-013

Current through June 17, 2024
Samples undergoing treatability studies at laboratories and testing
	 facilities.
013.01 Samples undergoing
  treatability studies and the laboratory or testing facility conducting such
  treatability studies (to the extent such facilities are not otherwise subject
  to the requirements of this Title or the Federal Act) are not subject to any
  requirement of this Title provided that Sections
013.02
and
013.03
of this
  Chapter are met. A mobile treatment unit (MTU) may qualify as a testing
  facility subject to Section
013.02
and
013.03
of this Chapter. Where a group of MTUs are
  located at the same site, the limitations specified in Sections
013.02
and
013.03
of this
  Chapter apply to the entire group of MTUs collectively as if the group were one
  MTU.
013.02 The facility must
  comply with the requirements of
  40
  CFR 261.4(f)(1) through (9) and
  (11) which are hereby adopted and
  incorporated herein by reference.
013.03 The facility must determine whether
  any unused sample or residues generated by the treatability study are hazardous
  waste under Sections
004
through
007
of this Chapter and, if so, are subject to the
  requirements of this Title, unless the residues and unused samples are returned
  to the sample originator under the exemption of Section
012
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-014

Current through June 17, 2024
Dredged material that is not a hazardous waste.
014.01 Dredged material that is subject to
  the requirements of a permit that has been issued under 404 of the Federal
  Water Pollution Control Act (
  33 U.S.C.
  1344 ) or section 103 of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (
  33 U.S.C.
  1413 ) is not a hazardous waste. For this
  section (014), the following definitions apply:
014.01A The term "dredged material" has the
  same meaning as defined in
  40
  CFR 232.2.
014.01B The term "permit" means:
014.01B1 A permit issued by the U.S. Army
  Corps of Engineers (Corps) or an approved State under section 404 of the
  Federal Water Pollution Control Act (
  33 U.S.C.
  1344 );
014.01B2 A permit issued by the Corps under
  section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (
  33 U.S.C.
  1413 ); or
014.01B3 In the case of Corps civil works
  projects, the administrative equivalent of the permits referred to in
  014.01B1 and
014.01B2
of this section, as provided for in Corps
  regulations (for example, see
  33
  CFR 336.1,
  336.2,
  and
  337.6
  ).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-015

Current through June 17, 2024
Residues of hazardous waste in empty containers.
015.01 Any hazardous waste remaining in
  either an empty container or an inner liner removed from an empty container, as
  defined in Sections
015.03
through
015.05
of this Chapter, is not subject to this
  Title.
015.02 Any hazardous waste
  in either a container that is not empty or an inner liner removed from a
  container that is not empty, as defined in Sections
015.03
through
015.05
of this
  Chapter, is subject to this Title.
015.03 A container or an inner liner removed
  from a container that has held any hazardous waste, except a waste that is a
  compressed gas or that is identified as an acute hazardous waste listed in
  Chapter 3,
012
or
016
is
  empty if:
015.03A All wastes have been removed
  that can be removed using the practices commonly employed to remove materials
  from that type of container, e.g., pouring, pumping, and aspirating;
  and
015.03B No more than 2.5
  centimeters (one inch) of residue remain on the bottom of the container or
  inner liner; or
015.03C No more
  than 3 percent by weight of the total capacity of the container remains in the
  container or inner liner if the container is less than or equal to 119 gallons
  in size; or
015.03D No more than
  0.3 percent by weight of the total capacity of the container remains in the
  container or inner liner if the container is greater than 119 gallons in
  size.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-016

Current through June 17, 2024
The disposal of PCB-containing dielectric fluid and electrical
	 equipment containing such fluid authorized for use and regulated under 40 CFR
	 Part 761 and that are hazardous only because they fail the test for the
	 Toxicity Characteristic (Hazardous waste codes D018 through D043, only) are
	 exempt from this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-001 - Criteria for identifying the characteristics of hazardous waste

Current through June 17, 2024
The Council shall identify and define a characteristic of hazardous
	 waste in Sections
005
through
010
of this Chapter upon determining that:
001.01 A solid waste that exhibits the
  characteristic may:
001.01A Cause, or
  significantly contribute to, an increase in mortality or an increase in serious
  irreversible, or incapacitating reversible illness; or
001.01B Pose a substantial present or
  potential hazard to human or animal health or the environment when it is
  improperly treated, stored, transported, disposed of or otherwise managed;
  and
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-002

Current through June 17, 2024
The Council shall list a solid waste as a hazardous waste in Sections
011
through
016
of this
	 Chapter only upon determining that the solid waste meets one of the following
	 criteria:
002.01 It exhibits any of
  the characteristics of hazardous waste identified in Sections
005
through
010
of this Chapter.
002.02 It has been found to be fatal to
  humans in low doses or, in the absence of data on human toxicity, it has been
  shown in studies to have an oral lethal dose fifty percent (LD50) toxicity
  (rat) of less than 50 milligrams per kilogram, an inhalation lethal
  concentration fifty percent (LC50) toxicity (rat) of less than 2 milligrams per
  liter, or a dermal LD50 toxicity (rabbit) of less than 200 milligrams per
  kilogram or is otherwise capable of causing or significantly contributing to an
  increase in serious irreversible, or incapacitating reversible, illness. (Waste
  listed in accordance with the criteria herein shall be designated acute
  hazardous waste.)
002.03 It
  contains any of the toxic constituents listed in Appendix I of this Title, and
  after considering the following factors, the Council concludes that the waste
  is capable of posing a substantial present or potential hazard to human health
  or the environment when improperly treated, stored, transported or disposed of,
  or otherwise managed:
002.03A The nature of
  the toxicity presented by the constituent.
002.03B The concentration of the constituent
  in the waste.
002.03C The potential
  of the constituent or any toxic degradation product of the constituent to
  migrate from the waste into the environment under the types of improper
  management considered in Section
002.03G
of this
  Chapter.
002.03D The persistence of
  the constituent or any toxic degradation product of the constituent.
002.03E The potential for the constituent or
  any toxic degradation product of the constituent to degrade into harmless
  constituents and the rate of degradation.
002.03F The degree to which the constituent
  or any degradation product of the constituent bio-accumulates in
  ecosystems.
002.03G The plausible
  types of improper management to which the wastes could be subjected.
002.03H The quantities of the waste generated
  at individual generation sites.
002.03I The nature and severity of the human
  health and environmental damage that has occurred as a result of the improper
  management of wastes containing the constituent.
002.03J Action taken by other governmental
  agencies or regulatory programs based on the health or environmental hazard
  posed by the waste or waste constituent.
002.03K Such other factors as may be
  appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-003

Current through June 17, 2024
The Council may list classes or types of solid waste as hazardous waste
	 if it has reason to believe that individual wastes, within the class or type of
	 waste, typically or frequently are hazardous under the definition of hazardous
	 waste found in the State Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-005

Current through June 17, 2024
A solid waste, as defined in Chapter 2,
003
which is not excluded from regulation as hazardous waste under Chapter 2,
009
, is a hazardous waste if it exhibits any of the
	 characteristics identified in Sections
006
through
010
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-006

Current through June 17, 2024
A hazardous waste which is identified by a characteristic in Sections
007
through
010
of this
	 Chapter is assigned every DEQ/EPA Hazardous Waste Number that is applicable as
	 set forth in Sections
007
through
010
of this Chapter. This number must be used in
	 complying with Chapter 4, and recordkeeping and reporting requirements under
	 this Title.
006.01 For the purposes of
  Sections
005
through
010
of
  this Chapter, the Director will consider a sample obtained using any of the
  applicable sampling methods specified in Appendix I of 40 CFR Part 261, which
  are hereby adopted and incorporated herein by reference, to be a representative
  sample within the meaning of Chapter 1.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-007 - Characteristic of ignitability

Current through June 17, 2024
007.01 A solid waste exhibits the
  characteristic of ignitability if a representative sample of the waste has any
  of the following properties:
007.01A It is a
  liquid, other than an aqueous solution containing less than 24 percent alcohol
  by volume and has a flashpoint less than 60°C (140°F), as determined by
  a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM
  Standard D- 93-79, or D- 93-80, as referenced in Chapter 1,
003
or a Setaflash Closed Cup Tester, using the test method specified
  in ASTM Standard D- 3278-78, as referenced in Chapter 1,
003
.
007.01B It is not a liquid and is capable,
  under standard temperature and pressure, of causing fire through friction,
  absorption of moisture or spontaneous chemical changes and, when ignited, burns
  so vigorously and persistently that it creates a hazard.
007.01C It is an ignitable compressed gas, as
  defined in 49 CFR Part 173 and as determined by the test methods determined in
  that regulation (i.e., any material or mixture having in the container an
  absolute pressure exceeding 40 p.s.i. at 70°F or, regardless of the
  pressure at 70°F having an absolute pressure exceeding 104 p.s.i. at
  130°F; or any liquid flammable material having a vapor pressure exceeding
  40 p.s.i. absolute at 100°F as determined by ASTM Test D-323) or equivalent
  test methods as approved in accordance with Chapter 6.
007.01D An oxidizer is a substance such as a
  chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen
  readily to stimulate the combustion of organic matter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-008 - Characteristic of corrosivity

Current through June 17, 2024
008.01 A solid waste exhibits the
  characteristic of corrosivity if a representative sample of the waste has
  either of the following properties:
008.01A
  It is aqueous and has a pH less than or equal to 2 or greater than or equal to
  12.5, as determined by a pH meter using Method 9040C in "Test Methods for
  Evaluating Solid Waste, Physical/Chemical Methods" EPA Publication SW-846 as
  incorporated by reference in Chapter 1,
003
.
008.01B It is a liquid and corrodes steel
  (SAE 1020) at a rate greater than 6.35 mm ( 0.250 inch) per year at a test
  temperature of 55°C (130°F) as determined by Method 1110A in "Test
  Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication
  SW-846 as incorporated by reference in Chapter 1,
003
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-009 - Characteristic of reactivity

Current through June 17, 2024
009.01 A solid waste exhibits the
  characteristic of reactivity if a representative sample of the waste has any of
  the following properties:
009.01A It is
  normally unstable and readily undergoes violent change without
  detonating.
009.01B It reacts
  violently with water.
009.01C It
  forms potentially explosive mixtures with water.
009.01D When mixed with water, it generates
  toxic gases, vapors or fumes in a quantity sufficient to present a danger to
  human health or the environment.
009.01E It is a cyanide or sulfide bearing
  waste which, when exposed to pH conditions between 2 and 12.5 can generate
  toxic gases, vapors or fumes in a quantity sufficient to present a danger to
  human health or the environment.
009.01F It is capable of detonation or
  explosive reaction if it is subjected to a strong initiating source or it is
  heated under confinement.
009.01G
  It is readily capable of detonation or explosive decomposition or reaction at
  standard temperature and pressure.
009.01H It is a forbidden explosive or Class
  1.1, 1.2, or 1.3 explosive as defined in 49 CFR Part 173.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-011 - Lists of hazardous wastes

Current through June 17, 2024
011.01 A solid waste is a hazardous waste if
  it is listed in Sections
011
through
016
of this Chapter unless it has been excluded from
  these lists under Chapter 6,
001
and
003
.
011.02 The Council will indicate its basis
  for listing the classes or types of waste listed in Sections
013
through
016
of this
  Chapter by employing one or more of the following Hazard Codes:
Ignitable Waste ..................
(I)
Corrosive Waste ..................
(C)
Reactive Waste ...................
(R)
Toxicity Characteristic Wastes ...
(E)
Acute Hazardous Waste ............
(H)
Toxic Waste ......................
(T)
011.03 Appendix
  II of this Title identifies the constituent which caused the Council to list
  the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in Sections
013
and
014
in this
  Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-012

Current through June 17, 2024
Each hazardous waste listed in Sections
013
through
016
of this Chapter is assigned a DEQ/EPA
	 Hazardous Waste Number which precedes the name of the waste. This number must
	 be used in complying with the notification requirements of Chapter 4 and
	 recordkeeping and reporting requirements under this Title. The following
	 hazardous wastes listed in Sections
013
or
014
of this Chapter are subject to the exclusion
	 limits for acute hazardous wastes established in Chapters 8, 9 and 10: DEQ/EPA
	 Hazardous Wastes Nos. F020, F021, F022, F023, F026, and F027.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-017

Current through June 17, 2024
Deletion of certain hazardous waste codes following equipment cleaning
	 and replacement. The conditions and requirements of
	 40
	 CFR 261.35, pertaining to wood preserving
	 processes, are hereby adopted and incorporated herein by
	 reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-018

Current through June 17, 2024
Comparable/syngas fuel exclusion. Wastes that meet the
	 comparable/syngas fuel requirements of
	 40 CFR
	 261.38 are not solid wastes. The conditions
	 and requirements of
	 40 CFR
	 261.38 are hereby adopted and incorporated
	 herein by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-019

Current through June 17, 2024
Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and
	 Processed CRT Glass Undergoing Recycling. Used, broken CRTs are not solid waste
	 if they meet the following conditions:
019.01 Prior to processing
These materials are not solid wastes if they are destined for
	 recycling and if they meet the following requirements:
019.01A Storage. The broken CRTs must be
  either:
019.01A1 Stored in a building with a
  roof, floor, and walls, or
019.01A2
  Placed in a container (i.e., a package or a vehicle) that is constructed,
  filled, and closed to minimize releases to the environment of CRT glass
  (including fine solid materials).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-020

Current through June 17, 2024
Conditional exclusion for used, intact Cathode Ray Tubes (CRTs)
	 exported for recycling. Used, intact CRTs exported for recycling are not solid
	 wastes if they meet the notice and consent conditions incorporated by reference
	 under Section
019.01E
of this chapter, and if they are
	 not speculatively accumulated as defined in Chapter 2, Section
002.07
of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-021

Current through June 17, 2024
Notification and recordkeeping for used, intact Cathode Ray Tubes
	 (CRTs) exported for reuse. The conditions and requirements of 40 CFR Part
	 261.41, revised as of July 1, 2015, are hereby adopted and incorporated herein
	 by reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-022 - Financial Requirements for Management of Excluded Hazardous Secondary Materials

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart H, 261.140
	 through 261.151, revised as of July 1, 2009, are adopted and incorporated by
	 this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-023 - Use and Management of Containers

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart I, 261.170
	 through 261.179, issued at 80 Fed. Reg. 1777 (January 13, 2015), are adopted
	 and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-024 - Tank Systems

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart J, 261.190
	 through 261.200, issued at 80 Fed. Reg. 1778 (January 13, 2015), are adopted
	 and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-025 - Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart M, 261.400
	 through 261.420, issued at 80 Fed. Reg. 1780 (January 13, 2015), are adopted
	 and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-026 - Air Emission Standards for Process Vents

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart AA,
	 261.1030 through 261.1035, issued at 80 Fed. Reg. 1783 (January 13, 2015), are
	 adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-027 - Air Emission Standards for Equipment Leaks

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart BB,
	 261.1050 through 261.1064, issued at 80 Fed. Reg. 1791 (January 13, 2015), are
	 adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 128-3-028 - Air Emission Standards for Tanks and Containers

Current through June 17, 2024
The conditions and requirements of 40 CFR Part 261, Subpart CC,
	 261.1080 through 261.1089, issued at 80 Fed. Reg. 1797 (January 13, 2015), are
	 adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - DETERMINATION, NOTIFICATION, REPORTING AND RECORDKEEPING › Section 128-4-001 - Purpose, scope, and applicability

Current through June 17, 2024
This Chapter establishes determinations, notifications, and reporting
	 requirements for generators of hazardous waste. Chapter 9 establishes further
	 requirements for small quantity generators. Chapter 10 establishes further
	 requirements for large quantity generators. Section
003
of this Chapter also applies to transporters of
	 hazardous waste and owners and operators of facilities for the treatment,
	 storage or disposal of hazardous waste. Chapter 11 establishes further
	 requirements for transporters. Chapters 21 (Permitted Facilities) and 22
	 Interim Status Facilities) establish further requirements for owners and
	 operators of facilities for the treatment, storage, or disposal of hazardous
	 waste. Chapter 25 establishes standards for universal waste
	 management.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - DETERMINATION, NOTIFICATION, REPORTING AND RECORDKEEPING › Section 128-4-002 - Hazardous waste determination

Current through June 17, 2024
A person who generates a solid waste, as defined in Chapter 2,
003
must determine if that waste is a hazardous waste
	 using the following method:
002.01
  Determine if the waste is excluded from regulation by Chapter 2,
008
through
014
;
  then
002.02 Determine if the waste
  is listed as a hazardous waste in Chapter 3,
013
through
016
.
002.03 For the purposes of compliance with
  Chapter 20, or if the waste is not listed as a hazardous waste under Chapter 3,
013
through
016
, determine
  whether the waste is identified in Chapter 3,
005
through
010
by either:
002.03A Testing the waste according to the
  methods set forth in Chapter 3,
005
through
010
, or equivalent methods as approved in accordance
  with Chapter 6; or
002.03B Applying
  knowledge of the hazard characteristic of the waste in light of the materials
  or the processes used.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - DETERMINATION, NOTIFICATION, REPORTING AND RECORDKEEPING › Section 128-4-003 - Notification of regulated waste activity

Current through June 17, 2024
Not later than ninety days after the effective date of regulations
	 promulgated under the State Act identifying by its characteristics or listing
	 any substance as hazardous waste subject to these regulations, any person
	 generating or transporting such hazardous waste, as defined in Chapter 2 and
	 Chapter 3, or the owner or operator of a facility for treatment, storage or
	 disposal of such hazardous waste shall file with the Department, on forms
	 furnished by the Department, a notification stating the location and general
	 description of such activity and the identified or listed hazardous wastes
	 handled by such person, unless such person has already so filed such
	 notification with the U.S. Environmental Protection Agency.
003.01 A person filing with the Department
  shall obtain a DEQ/EPA Identification Number. Upon receiving the notification,
  the Director will assign such a number. A number previously assigned by EPA
  will satisfy this requirement, and such number shall be known as DEQ/EPA
  Identification number.
003.02 Not
  later than thirty days after any change in the information or status of any
  person as described to the Department or EPA in Section
003
of this Chapter, such person shall file an amended
  notification with the Department, except that generators voluntarily complying
  with all hazardous waste management requirements of a higher generator status
  are not required to renotify when their status drops to a lower level. If such
  change includes conducting activities at a location other than on-site, as
  defined in Chapter 1, the person shall obtain a new identification number as
  described in Section
003.01
of this Chapter. Changes
  in hazardous waste codes are not subject to the renotification
  requirement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - DETERMINATION, NOTIFICATION, REPORTING AND RECORDKEEPING › Section 128-4-004 - DEQ/EPA identification numbers and restrictions

Current through June 17, 2024
004.01 A generator must not treat, store,
  dispose of, transport, or offer for transportation, hazardous waste without
  having complied with Section
003
of this
  Chapter.
004.02 A generator must
  not offer hazardous waste to transporters or to treatment, storage, or disposal
  facilities that have not notified in accordance with Section
003
of this Chapter and received a DEQ/EPA
  identification number, or fulfilled an equivalent requirement of the EPA or an
  authorized state.
004.03 The owner
  or operator of a facility for the treatment, storage, or disposal of hazardous
  waste shall not accept waste without having complied with Section
003
of this Chapter.
004.04 A transporter of hazardous waste shall
  not accept hazardous waste for transport without having complied with Section
003
of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - DETERMINATION, NOTIFICATION, REPORTING AND RECORDKEEPING › Section 128-4-005 - Reporting and recordkeeping

Current through June 17, 2024
005.01 Biennial reports
005.01A A generator who ships any hazardous
  waste off-site to a treatment, storage, or disposal facility within the United
  States and is subject to the requirements of Chapter 10 at any time during a
  calendar year must prepare and submit a Biennial Report for that Biennial
  reporting cycle, using forms furnished by DEQ, to the Director no later than
  March 1 of each even numbered year, and must include the following information:
005.01A1 The EPA identification number, name,
  and address of the generator;
005.01A2 The calendar year covered by the
  report;
005.01A3 The EPA
  identification number, name, and address for each off-site treatment, storage,
  or disposal facility in the United States to which waste was shipped during the
  year;
005.01A4 The name and EPA
  identification number of each transporter used during the reporting year for
  shipments to a treatment, storage or disposal facility within the United
  States;
005.01A5 A description, EPA
  hazardous waste number (from 40 CFR part 261, subpart C or D), DOT hazard
  class, and quantity of each hazardous waste shipped off-site for shipments to a
  treatment, storage or disposal facility within the United States. This
  information must be listed by EPA identification number of each such off-site
  facility to which waste was shipped.
005.01A6 A description of the efforts
  undertaken during the year to reduce the volume and toxicity of waste
  generated.
005.01A7 A description
  of the changes in volume and toxicity of waste actually achieved during the
  year in comparison to previous years to the extent such information is
  available for years prior to 1984.
005.01A8 The certification signed by the
  generator or authorized representative.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-001 - Non-waste determinations and variances from classification as a solid waste

Current through June 17, 2024
001.01 In accordance with the standards and
  criteria in Sections
001.02
and
004
and the procedures in Section
003
of this Chapter, the Director may determine on a
  case-by-case basis that the following recycled materials are not solid wastes:
001.01A Materials that are accumulated
  speculatively without sufficient amounts being recycled (as defined in Chapter
  2,
002.07
);
001.01B Materials that are reclaimed and then
  reused within the original production process in which they were
  generated;
001.01C Materials that
  have been reclaimed but must be reclaimed further before the materials are
  completely recovered.
001.01D
  Hazardous secondary materials that are reclaimed in a continuous industrial
  process; and
001.01E Hazardous
  secondary materials that are indistinguishable in all relevant aspects from a
  product or intermediate.
001.01F
  Hazardous secondary materials that are transferred for reclamation under
  Chapter 2, Section 008.26 and are managed at a verified reclamation facility or
  intermediate facility where the management of the hazardous secondary materials
  is not addressed under a RCRA Part B permit or interim status
  standards.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-002 - Variance to be classified as a boiler

Current through June 17, 2024
In accordance with the standards and criteria in Chapter 1,
013
and the procedures in Section
003
of this Chapter, the Director may determine on a
	 case-by-case basis that certain enclosed devices using controlled flame
	 combustion are boilers, even though they do not otherwise meet the definition
	 of boiler contained in Chapter 1,
013
after
	 considering the following criteria:
002.01 The extent to which the unit has
  provisions for recovering and exporting thermal energy in the form of steam,
  heated fluids, or heated gases;
002.02 The extent to which the combustion
  chamber and energy recovery equipment are of integral design;
002.03 The efficiency of energy recovery,
  calculated in terms of the recovered energy compared with the thermal value of
  the fuel;
002.04 The extent to
  which exported energy is utilized;
002.05 The extent to which the device is in
  common and customary use as a "boiler" functioning primarily to produce steam,
  heated fluids, or heated gases; and
002.06 Other factors, as
  appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-003 - Procedures for variances from classification as a solid waste or to be classified as a boiler or for non-waste determinations

Current through June 17, 2024
The Director will use the following procedures in evaluating
	 applications for variances from classification as a solid waste, applications
	 to classify particular enclosed controlled flame combustion devices as boilers,
	 or applications for non-waste determinations:
003.01 The applicant must apply to the
  Director for the variance or non-waste determination. The application must
  address the relevant criteria contained in Sections 001.02, 002, or 004 of this
  Chapter.
003.02 The Director will
  evaluate the application and issue a draft notice tentatively granting or
  denying the application. Notification of this tentative decision will be
  provided by newspaper advertisement and radio broadcast in the locality where
  the recycler or boiler is located. The Director will accept comment on the
  tentative decision for 30 days, and may also hold a public hearing upon request
  or at the Director's discretion. The Director will issue a final decision after
  receipt of comments and after the hearing (if any).
003.03 In the event of a change in
  circumstances that affect how a hazardous secondary material meets the relevant
  criteria contained in Sections 001.02, 002, or 004 of this Chapter upon which a
  variance or non-waste determination has been based, the applicant must send a
  description of the change in circumstances to the Director. The Director may
  issue a determination that the hazardous secondary material continues to meet
  the relevant criteria of the variance or non-waste determination or may require
  the facility to re-apply for the variance or non-waste determination.
003.04 Variances and non-waste determinations
  shall be effective for a fixed term not to exceed ten years. No later than six
  months prior to the end of this term, facilities must reapply for a variance or
  non-waste determination. If a facility re-applies for a variance or non-waste
  determination within six months, the facility may continue to operate under an
  expired variance or non-waste determination until receiving a decision on their
  re-application from the Director.
003.05 Facilities receiving a variance or
  non-waste determination must provide notification as required by Section 008 of
  this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-004 - Standards and criteria for non-waste determinations

Current through June 17, 2024
Additional regulation of certain hazardous waste recycling activities
	 on a case-by-case basis.
004.01 An
  applicant may apply to the Director for a formal determination that a hazardous
  secondary material is not discarded and therefore not a solid waste. The
  determinations will be based on the criteria contained in Sections
004.02
and
004.03
, as
  applicable. If an application is denied, the hazardous secondary material might
  still be eligible for a solid waste variance or exclusion (for example, one of
  the solid waste variances under Section
001.02
of this
  Chapter). Determinations may also be granted by the State if the State is
  either authorized for this provision or if the following conditions are met:
004.01A The State determines the hazardous
  secondary material meets the criteria in Sections
004.02
and
004.03
, as
  applicable;
004.01B The State
  requests that EPA review its determination; and
004.01C EPA approves the State
  determination.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-005 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through June 17, 2024
005.01 The Director
  may decide on a case-by-case basis that persons accumulating or storing the
  recyclable materials described in Chapter 7,
003.04
should be regulated under Chapter 7,
004
through
006
. The basis for this decision is that the materials
  are being accumulated or stored in a manner that does not protect human health
  and the environment because the materials or their toxic constituents have not
  been adequately contained, or because the materials being accumulated or stored
  together are incompatible. In making this decision the Director will consider
  the following factors:
005.01A The types of
  materials accumulated or stored and the amount accumulated or stored;
005.01B The method of accumulation or
  storage;
005.01C The length of time
  the materials have been accumulated or stored before being reclaimed;
005.01D Whether any contaminants are being
  released into the environment, or are likely to be so released; and
005.01E Other relevant factors.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-007 - Variances from a treatment standard specified in Chapter 20

Current through June 17, 2024
007.01 Based on a petition filed by a
  generator or treater of hazardous waste, the Director may approve a
  site-specific variance from an applicable treatment standard specified in
  Chapter 20 if:
007.01A It is not physically
  possible to treat the waste to the level specified in the treatment standard,
  or by the method specified as the treatment standard. To show that this is the
  case, the petitioner must demonstrate that because the physical or chemical
  properties of the waste differ significantly from waste analyzed in developing
  the treatment standard, the waste cannot be treated to the specified level or
  by the specified method; or
007.01B
  It is inappropriate to require the waste to be treated to the level specified
  in the treatment standard or by the method specified as the treatment standard,
  even though such treatment is technically possible. To show that this is the
  case, the petitioner must either demonstrate that:
007.01B1 Treatment to the specified level or
  by the specified method is technically inappropriate (for example, resulting in
  combustion of large amounts of mildly contaminated environmental media where
  the treatment standard is not based on combustion of such media); or
007.01B2 For remediation waste only,
  treatment to the specified level or by the specified method is environmentally
  inappropriate because it would likely discourage aggressive
  remediation.
007.01C For
  contaminated soil only, treatment to the level or by the method specified in
  the soil treatment standards would result in concentrations of hazardous
  constituents that are below (i.e., lower than) the concentrations necessary to
  minimize short- and long-term threats to human health and the environment.
  Treatment variances approved under this paragraph must:
007.01C1 At a minimum, impose alternative
  land disposal restriction treatment standards that, using a reasonable maximum
  exposure scenario:
007.01C1(a) For
  carcinogens, achieve constituent concentrations that result in the total excess
  risk to an individual exposed over a lifetime generally falling within a range
  from 10-4 to 10-6;
  and
007.01C1(b) For constituents
  with non-carcinogenic effects, achieve constituent concentrations that an
  individual could be exposed to on a daily basis without appreciable risk of
  deleterious effect during a lifetime.
007.01C2 Not consider post-land-disposal
  controls.
007.01D For
  contaminated soil only, treatment to the level or by the method specified in
  the soil treatment standards would result in concentrations of hazardous
  constituents that are below (i.e., lower than) natural background
  concentrations at the site where the contaminated soil will land
  disposed.
007.01E Public notice and
  a reasonable opportunity for public comment must be provided before granting or
  denying a petition.