Section 128-2-008 - Exclusions 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; and008.08D The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.008.09 Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and 008.09A Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.008.09B Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in Sections 008.09 and 008.09A of this Chapter, so long as they meet all of the following conditions: 008.09B1 The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;008.09B2 Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;008.09B3 Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;008.09B4 Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in Chapter 22, Section 018 of this Title, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and008.09B5 Prior to operating pursuant to this exclusion, the plant owner or operator submits to the State Director a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation.
The plant must maintain a copy of that document in its on-site records for a period of no less than 3 years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the State Director for reinstatement. The State Director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur.
008.10 EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in section Chapter 3, 010 when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.008.11 Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.008.12 Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911-including but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this section, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in Section 008.12A of this Chapter, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under Section 008.012, where such materials as generated would have otherwise met a listing under Chapter 3, 011 though 018, are designated as F037 listed wastes when disposed of or intended for disposal. 008.12A Recovered oil that is recycled in the same manner and with the same conditions as described in Section 008.12. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation including thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in Chapter 3, 011 through 018; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in Chapter 1.008.13 When used as a fuel, coke and coal tar from the iron and steel industry that contains or is produced from decanter tank tar sludge, Hazardous Waste K087. The process of producing coke and coal tar from such decanter tank tar sludge in a coke oven is likewise excluded from regulation.008.14 Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.008.15 Shredded circuit boards being recycled provided that they are:008.15A Stored in containers sufficient to prevent a release to the environment prior to recovery; and008.15B Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.008.16 Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e), as incorporated by reference in Title 129 - Nebraska Air Regulations, Chapter 28. The exemption applies only to combustion at the mill generating the condensates.008.17 Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels) that meet the requirements of Chapter 3, Section 018.008.18 Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided: 008.18A The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in Chapter 3, 007) and/or toxicity for benzene (Chapter 3, 010, waste code D018); and008.18B The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, by-products, or spent materials, including watewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.008.19 Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or napthenic acid unless the material is placed on the land, or accumulated speculatively as defined in Section 002.07.008.20 Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied:008.20A Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in Section 002.07 of this chapter.008.20B Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must: 008.20B1 Submit a one-time notice to the State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in Section 008.20 of this chapter.008.20B2 Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:008.20B2(a) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and008.20B2(b) Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and008.20B2(c) Prevent run-on into the containment system.008.20B3 With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of Section 008.20 of this chapter.008.20B4 Maintain at the generator's or intermediate handler's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information: 008.20B4(1) Name of the transporter and date of the shipment;008.20B4(2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and008.20B4(3) Type and quantity of excluded secondary material in each shipment.008.20C Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:008.20C1 Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in Section 008.20B2 of this chapter.008.20C2 Submit a one-time notification to the State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in Section 008.20 of this chapter.008.20C3 Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.008.20C4 Submit to the State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated.008.20D Nothing in this section preempts, overrides or otherwise negates the provision in Chapter 4, Section 002, which requires any person who generates a solid waste to determine if that waste is a hazardous waste.008.20E Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in Section 008.20B1 of this chapter, and that afterward will be used only to store hazardous secondary materials excluded under this section, are not subject to the closure requirements of Chapters 21 and 22.008.21 Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under Section 008.20 of this chapter, provided that: 008.21A The fertilizers meet the following contaminant limits:008.21A1 For metal contaminants: Constituent | Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm) |
Arsenic................................................... | 0.3 |
Cadmium................................................ | 1.4 |
Chromium............................................... | 0.6 |
Lead...................................................... | 2.8 |
Mercury.................................................. | 0.3 |
008.21A2 For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).008.21B The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce.008.21C The manufacturer maintains for no less than three years records of all sampling and analysis performed for purposes of determining compliance with the requirements of Section 008.21B of this chapter. Such records must at a minimum include:008.21C1 The dates and times product samples were taken, and the dates the samples were analyzed;008.21C2 The names and qualifications of the person(s) taking the samples;008.21C3 A description of the methods and equipment used to take the samples;008.21C4 The name and address of the laboratory facility at which analyses of the samples were performed;008.21C5 A description of the analytical methods used, including any cleanup and sample preparation methods; and008.21C6 All laboratory analytical results used to determine compliance with the contaminant limits specified in Section 008.21 of this chapter.008.22 Used cathode ray tubes (CRTs)008.22A Used, intact CRTs as defined in Chapter 1 of this Title are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in Chapter 2, Section 002.07, by CRT collectors or glass processors.008.22B Used, intact CRTs as defined in Chapter 1 of this Title are not solid wastes when exported for recycling provided that they meet the requirements of Chapter 3, Section 020.008.22C Used, broken CRTs as defined in Chapter 1 of this Title are not solid wastes provided that they meet the requirements of Chapter 3, Section 019.008.22D Glass removed from CRTs is not a solid waste provided that it meets the requirements of Chapter 3, Section 019.03.008.23 Slag, a product that is a result of the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material.008.24 Solvent-contaminated wipes that are sent for cleaning and reuse, provided they meet one or more of the eligibility criteria in 40 CFR 260.10 and all of the specified conditions in 40 CFR 261.4(a)(26), revised as of July 1, 2014, which is adopted and incorporated by this reference.008.25 Hazardous secondary material generated and legitimately reclaimed within the United States or its territories and under the control of the generator is not a solid waste, provided that the conditions and requirements in 40 CFR Part 261.4(a)(23)(i) and (ii), issued at 80 Fed. Reg. 1774 (January 13, 2015) which are adopted and incorporated by this reference, are met.008.26 Hazardous secondary material that is generated and then transferred to a verified reclamation facility for the purpose of reclamation is not a solid waste, provided that the conditions and requirements in 40 CFR Part 261.4(a)(24)(i) through (vii), issued at 80 Fed. Reg. 1775 (January 13, 2015) which are adopted and incorporated by this reference, are met.008.27 Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that the conditions and requirements in 40 CFR Part 261.4(a)(27)(i) through (vi), issued at 80 Fed. Reg. 1776 (January 13, 2015) which are adopted and incorporated by this reference, are met.128 Neb. Admin. Code, ch. 2, § 008
Amended effective 7/6/2016.