Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-004

Current through June 17, 2024
Solid waste, as defined in Section
003
of this
	 Chapter is a hazardous waste if:
004.01 It is not excluded from regulation as
  a hazardous waste under Section
009
of this Chapter;
  and
004.02 It meets any of the
  following:
004.02A It exhibits any of the
  characteristics of hazardous waste identified in Chapter 3,
005
through
010.
However, any
  mixture of a waste from the extraction, beneficiation, and processing of ores
  and minerals excluded under Section
009.05
of this
  Chapter and any other solid waste exhibiting a characteristic of hazardous
  waste under Chapter 3,
005
through
010
is a hazardous waste only if it exhibits a
  characteristic that would not have been exhibited by the excluded waste alone
  if such mixture had not occurred, or if it continues to exhibit any of the
  characteristics exhibited by the non-excluded wastes prior to mixture. Further,
  for the purposes of applying the Toxicity Characteristic to such mixtures, the
  mixture is also a hazardous waste if it exceeds the maximum concentration for
  any contaminant listed in Table 3 of Chapter 3,
010
that would not have been exceeded by the excluded waste alone if the mixture
  had not occurred or if it continues to exceed the maximum concentration for any
  contaminant exceeded by the nonexempt waste prior to mixture.
004.02B It is listed in Chapter 3,
013
through
018
and has not
  been excluded from Chapters 3,
013
through
018
under Chapter 6,
001
and
003
.
004.02C It is a mixture of solid waste and
  one or more hazardous wastes listed in Chapter 3,
013
through
018
and has not been excluded from
004.02
of this Section under Chapter 6,
001
and
003
,
007.03
of this Chapter, or
007.04
of this Chapter; however, the following
  mixtures of solid wastes and hazardous wastes listed in Chapter 3,
013
through
018
are not
  hazardous wastes (except by application of Section
004.02A
or
004.02B
of this
  Chapter) if the generator can demonstrate that the mixture consists of
  wastewater the discharge of which is subject to regulation under either Section
  402 or Section 307(b) of the Clean Water Act (including wastewater at
  facilities which have eliminated the discharge of wastewater) and;
004.02C1 One or more of the following
  solvents listed in Chapter 3,
013
- carbon
  tetrachloride, tetrachloroethylene, trichloroethylene -- Provided, That the
  maximum total weekly usage of these solvents (other than the amounts that can
  be demonstrated not to be discharged to wastewater) divided by the average
  weekly flow of wastewater into the headworks of the facility's wastewater
  treatment or pretreatment system does not exceed 1 part per million;
  or
004.02C2 One or more of the
  following spent solvents listed in Chapter 3,
013
-
  methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene,
  cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
  disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents-provided
  that the maximum total weekly usage of these solvents (other than the amounts
  that can be demonstrated not to be discharged to wastewater) divided by the
  average weekly flow of wastewater into the headworks of the facility's
  wastewater treatment or pretreatment system does not exceed 25 parts per
  million; or
004.02C3 One of the
  following wastes listed in Chapter 3,
014
, provided
  that the wastes are discharged to the refinery oil recovery sewer before
  primary oil/water/solids separation-heat exchanger bundle cleaning sludge from
  the petroleum refining industry (EPA Hazardous Waste No. K050), crude oil
  storage tank sediment from petroleum refining operations (EPA Hazardous Waste
  No. K169), clarified slurry oil tank sediment and/or in-line filter/separation
  solids from petroleum refining operations (EPA Hazardous Waste No. K170), spent
  hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining
  catalyst (EPA Hazardous Waste No. K172); or
004.02C4 A discarded commercial chemical
  product, or chemical intermediate listed in Chapter 3,
015
through
016
, arising from
  de minimis losses of these materials from manufacturing operations in which
  these materials are used as raw materials or are produced in the manufacturing
  process. For purposes of this section, "de minimis" losses include those from
  normal material handling operations (e.g., spills from the unloading or
  transfer of materials from bins or other containers, leaks from pipes, valves
  or other devices used to transfer materials); minor leaks of process equipment,
  storage tanks or containers; leaks from well maintained pump packings and
  seals; sample purgings; relief device discharges; discharges from safety
  showers and rinsing and cleaning of personal safety equipment; and rinsate from
  empty containers or from containers that are rendered empty by that rinsing;
  or
004.02C5 Wastewater resulting
  from laboratory operations containing toxic (T) wastes listed in Chapter 3,
013
through
018
, of this
  part, Provided, That the annualized average flow of laboratory wastewater does
  not exceed one percent of total wastewater flow into the headworks of the
  facility's wastewater treatment or pre-treatment system or provided the wastes,
  combined annualized average concentration does not exceed one part per million
  in the headworks of the facility's wastewater treatment or pre-treatment
  facility. Toxic (T) wastes used in laboratories that are demonstrated not to be
  discharged to wastewater are not to be included in this calculation;
  or
004.02C6 One or more of the
  following wastes listed in Chapter 3,
014
-wastewaters
  from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
  K157)-Provided that the maximum weekly usage of formaldehyde, methyl chloride,
  methylene chloride, and triethylamine (including all amounts that can not be
  demonstrated to be reacted in the process, destroyed through treatment, or is
  recovered, i.e., what is discharged or volatilized) divided by the average
  weekly flow of process wastewater prior to any dilutions into the headworks of
  the facility's wastewater treatment system does not exceed a total of 5 parts
  per million by weight; or
004.02C7
  Wastewaters derived from the treatment of one or more of the following wastes
  listed in Chapter 3,
014
- organic waste (including
  heavy ends, still bottoms, light ends, spent solvents, filtrates, and
  decantates) from the production of carbamates and carbamoyl oximes (EPA
  Hazardous Waste No. K156).-Provided, that the maximum concentration of
  formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
  any dilutions into the headworks of the facility's wastewater treatment system
  does not exceed a total of 5 milligrams per liter.