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; and004.02 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; or004.02C2 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; or004.02C3 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); or004.02C4 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; or004.02C5 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; or004.02C6 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; or004.02C7 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.128 Neb. Admin. Code, ch. 2, § 004
Amended effective 7/6/2016.