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
Universal Citation: 128 NE Admin Rules and Regs ch 2 ยง 004
Current through March 20, 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.
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