128 Neb. Admin. Code, ch. 12, § 001

Current through September 17, 2024

Section 128-12-001 - Applicability

001.01 A permit is required for the treatment, storage, or disposal of any hazardous waste identified or listed in Chapters 2 and 3. Owners or operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit.

001.02 A post-closure permit is required by owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to 40 CFR 265.115, as incorporated by reference in Chapter 22, 007) after January 26, 1983, unless they demonstrate closure by removal or decontamination as provided in Section 001.08 of this Chapter, or obtain an enforceable document in lieu of a post-closure permit, as provided under Section 001.09. If a post-closure permit is required, the permit must address the applicable requirements of Chapter 21. The denial of, or failure to, obtain a permit for the active life of a facility or unit does not affect the requirement to obtain a post-closure permit.

001.03 Specific exclusions

The following persons are not required to obtain a permit under these regulations:

001.03A Small quantity generators and large quantity generators who accumulate hazardous waste on-site for less than the time periods provided in Chapter 9, 008 and in Chapter 10, 004.02, respectively;

001.03B Farmers who dispose of hazardous waste pesticides from their own use on their own land, as provided in Chapter 10, 007;

001.03C Persons who own or operate facilities solely for the treatment, storage, or disposal of hazardous waste excluded from regulations by Chapter 2, 008, 009, and 011 through 013 or Chapter 8;

001.03D Owners or operators of totally enclosed treatment facilities as defined in Chapter 1;

001.03E Owners or operators of an elementary neutralization unit or a wastewater treatment unit as defined in Chapter 1;

001.03F Transporters storing manifested shipments of hazardous waste in containers meeting tine requirements of Chapter 10, 003 at a transfer facility for a period of 10 days or less; and

001.03G Persons combining absorbent material and waste in a container provided that these actions occur at the time waste is first placed in the container, and 40 CFR 264.17(b), 264.171, and 264.172 as incorporated by reference in Chapter 21, 002 and 009 are complied with.

001.03H Universal waste handlers and universal waste transporters managing the wastes described in Chapter 25. These handlers are subject to regulation under Chapter 25.

001.03I For the purposes of this Chapter and Chapter 15 (Permit Issuance):

001.03I(1) A component means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g. a pump seal, pump, kiln liner, kiln thermocouple).

001.03I(2) A facility or activity means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the RCRA program).

001.03I(3) A functionally equivalent component means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.

001.03I(4) A major facility means any RCRA facility or activity classified as such by the EPA Regional Administrator in conjunction with the Director.

001.03I(5) Remedial Action Plan (RAP) means a special form of RCRA permit that a facility owner or operator may obtain instead of a permit issued under 40 CFR 270.3 through 270.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in Chapter 1 of this Title) at a remediation waste management site.

001.04 Special forms of permits

001.04A Permits by rule.

001.04A1 The owner or operator of a POTW which accepts for treatment hazardous waste shall be deemed to have a hazardous waste treatment permit if the owner or operator:

001.04A1(a) Has an NPDES permit and complies with its permit conditions;

001.04A1(b) Maintains a written operating record on the wastes received, complies with Chapter 4 (Identification Number), Chapter 14, 002 (use of manifest and discrepancies), Chapter 14 (biennial report, unmanifested waste report) and for NPDES permits issued after November 8, 1984, 40 CFR 264.101 (corrective action for solid waste management units), as required by 40 CFR 270.60(c)(3); and

001.04A1(c) Meets local, State and Federal pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.

001.04B Emergency permits. In the event the Director finds an imminent and substantial endangerment to human health or the environment, the Director may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal of hazardous waste. This emergency permit may be issued to a non-permitted facility or one whose existing permit does not cover the activity for which application for the emergency permit is made. This emergency permit:

001.04B1 May be oral or written. If oral, it shall be followed in 5 five days by a written emergency permit;

001.04B2 Shall not exceed 90 days in duration;

001.04B3 Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal;

001.04B4 May be terminated by the Director at any time without process if the Director determines that termination is appropriate to protect human health and the environment;

001.04B5 Shall be accompanied by a public notice which shall include:

001.04B5(a) Name and address of the Department;

001.04B5(b) Name and location of the permitted hazardous waste management facility;

001.04B5(c) A brief description of the wastes involved;

001.04B5(d) A brief description of the action authorized and reasons for authorizing it; and

001.04B5(e) Duration of the emergency permit; and

001.04B6 Shall incorporate, to the extent possible, and not inconsistent with the emergency situations, all applicable requirements of this Chapter, Chapter 7, 008 through 012, Chapters 13 through 15, and Chapter 21.

001.04C Incinerator permits. For the purposes of determining feasibility of compliance with the incinerator performance standard and determining adequate incinerator operating conditions in Chapter 21, the Director may establish requirements, give approvals or issue trial burn permits pursuant to the conditions and requirements of 40 CFR 270.62 which are hereby adopted and incorporated herein by reference.

001.04D Permits for Land Treatment demonstrations using the field test or laboratory analyses may be issued pursuant to the conditions and requirements of 40 CFR 270.63, which are hereby adopted and incorporated herein by reference.

001.04E Permits for Research, Development and Demonstration Facilities may be issued pursuant to the conditions and requirements of 40 CFR 270.65, which are hereby adopted and incorporated herein by reference.

001.04F Permits for Boilers and Industrial Furnaces burning hazardous waste may be issued pursuant to the conditions and requirements of 40 CFR 270.66, which are hereby adopted and incorporated herein by reference.

001.04G Remedial Action Plans (RAPs) are special forms of permits that are regulated under Section 004 of this Chapter.

001.05 Emergency response

001.05A A person is not required to obtain a permit under these regulations for treatment or containment activities taken during immediate response to any of the following situations:

001.05A1 A discharge of a hazardous waste;

001.05A2 An imminent and substantial threat of a discharge of hazardous waste;

001.05A3 A discharge of a material which, when discharged, becomes a hazardous waste.

001.05B Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable permit requirements under these regulations.

001.06 After November 19, 1980, no person shall own or operate a hazardous waste treatment, storage, or disposal facility without first obtaining a permit from the Director except for existing hazardous waste treatment, storage or disposal facilities which have received interim status.

001.07 The Director may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.

001.08 Closure by removal

Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 40 CFR Part 265 standards, as incorporated by reference in Chapter 22, must obtain a post-closure permit unless they can demonstrate to the Director that the closure met the standards for closure by removal or decontamination as in 40 CFR 264.228, 264.280(e), or 264.258, as incorporated by reference in Chapter 21, Sections 011 through 013. The demonstration must be made in accordance with the conditions and requirements of 40 CFR 270.1(c)(5) and (6), which are hereby adopted and incorporated herein by reference.

001.09 Enforceable documents for post-closure care

At the discretion of the Director, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of 40 CFR 265.121, as incorporated by reference in Chapter 22, Section 007. "Enforceable document" means an order, a plan, or other document issued by EPA or by an authorized State under an authority that meets the requirements of 40 CFR 271.16(e), which are hereby adopted and incorporated herein by reference, including, but not limited to, a corrective action order issued by EPA under section 3008(h), a CERCLA remedial action, or a closure or post-closure plan.

128 Neb. Admin. Code, ch. 12, § 001