Samples undergoing treatability studies at laboratories and testing facilities.
013.01 Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to the requirements of this Title or the Federal Act) are not subject to any requirement of this Title provided that Sections 013.02 and 013.03 of this Chapter are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to Section 013.02 and 013.03 of this Chapter. Where a group of MTUs are located at the same site, the limitations specified in Sections 013.02 and 013.03 of this Chapter apply to the entire group of MTUs collectively as if the group were one MTU.013.02 The facility must comply with the requirements of 40 CFR 261.4(f)(1) through (9) and (11) which are hereby adopted and incorporated herein by reference.013.03 The facility must determine whether any unused sample or residues generated by the treatability study are hazardous waste under Sections 004 through 007 of this Chapter and, if so, are subject to the requirements of this Title, unless the residues and unused samples are returned to the sample originator under the exemption of Section 012 of this Chapter.128 Neb. Admin. Code, ch. 2, § 013
Amended effective 7/6/2016.