Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 20a - LAND DISPOSAL RESTRICTIONS (LDR)
Section 128-20a-009 - Applicability of Treatment Standards

009.01 A prohibited waste identified in Table 9, Treatment Standards for Hazardous Wastes, of this Title may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:

009.02 For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in Chapter 1, must be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310B, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Administrator under the procedures set forth in 40 CFR 268.42(b). (The provisions of Chapter 26, 001.04 do not apply to 40 CFR 268.42(b).)

009.03 When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.

009.04 Notwithstanding the prohibitions specified in Section 009.01, treatment and disposal facilities may demonstrate (and certify pursuant to 40 CFR 268.7(b)(5), as incorporated by reference in Section 005.02) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided the following conditions are satisfied:

009.05 For characteristic wastes (D001-D043) that are subject to treatment standards in Table 9, Treatment Standards for Hazardous Wastes, and are not managed in a wastewater treatment system that is regulated under the Clean Water Act (CWA), that is CWA equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in Section 002.09) must meet Universal Treatment Standards, found in Table 12 of this Title prior to land disposal as defined in Section 002.03.

009.06 The treatment standards for F001-F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in Chapter 1. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001-F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.

009.07 Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.

009.08 Effective September 4, 1998, the treatment standards for the wastes specified in Chapter 3 as Hazardous Waste Numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in Table 9, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at Section 010, Table 10, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidations as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Section 010, Table 10, for wastewaters.

009.09 Effective September 4, 1998, the treatment standards for the wastes specified in Chapter 3 as Hazardous Waste Numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in Table 9, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at Section 010, Table 10, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidations as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Section 010, Table 10, for wastewaters.