Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.
005.01 Requirements for generators: 005.01A A generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in Section 009, 011, or 013. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in Chapter 1, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed and some soils that are contaminated by such hazardous wastes. These treatment standards are also found in Section 009, and are described in detail in Section 010, Table 10. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they must comply with the special requirements of Section 006 in addition to any applicable requirements in this section.005.01B If the waste or contaminated soil does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column "005.01B" of the Table 8, Generator Paperwork Requirements, of this Title. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file. 005.01B1 For contaminated soil, the following certification statement should be included, signed by an authorized representative: I certify under penalty of law that I personally have
examined this contaminated soil and it [does/does not]
contain listed hazardous waste and [does/does not]
exhibit a characteristic of hazardous waste and requires
treatment to meet the soil treatment standards as
provided by Title 128, Chapter 20, Section 013. 03.
005.01C If the waste or contaminated soil meets the treatment standard at the original point of generation: 005.01C1 With the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice must include the information indicated in column "005.01C" of Table 8, Generator Paperwork Requirements Table, of this Title, and the following certification statement, signed by an authorized representative: I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in Chapter 20, Sections 009 through 013. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
005.01C2 For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice must include the information in column "005.01C" of Table 8, Generator Paperwork Requirements Table, of this Title.005.01C3 If the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under Chapter 2, Section 007.02 are not subject to these requirements.005.01D For reporting, tracking and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under 40 CFR 268.5, disposal in a no-migration unit under 40 CFR 268.6, or a national capacity variance or case-by-case capacity variance under 40 CFR Part 268 subpart C, which is incorporated by reference in Section 008.01 of this Chapter. If a generator's waste is so exempt, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "005.01D" of Table 8, Generator Paperwork Requirements Table, of this Title. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files. Table 8 - Generator Paperwork Requirements Table
| Required information | 005.01B | 005.01 C | 005.01 D | 005.01 I |
| 1. EPA Hazardous Waste Numbers and Manifest Number of first shipment. | X | X | X | X |
| 2. Statement: this waste is not prohibited from land disposal. | | | X | |
| 3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice. | X | X | | |
| 4. The notice must include the applicable wastewater/nonwastewater category (see Sections 002.04 and 002.06) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide). | X | X | | |
| 5. Waste analysis data (when available). | X | X | X | |
| 6. Date the waste is subject to the prohibition. | | | X | |
| 7. For hazardous debris, when treating with the alternative treatment technologies provided by Section 011: the contaminants subject to treatment, as described in Section 011.02; and an indication that these contaminants are being treated to comply with Section 011. | X | | X | |
| 8. For contaminated soil subject to LDRs as provided in Section 013.01, the constituents subject to treatment as described in Section 013.04, and the following statement: This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to/complies with] the soil treatment standards as provided by Section 013.03 or the universal treatment standards. | X | X | | |
| 9. A certification is needed (see applicable section for exact wording. | | X | | X |
005.01E If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under Chapter 9, Sections 007 and 008, or Chapter 10, Sections 004 and 005 to meet applicable LDR treatment standards found at Section 009, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Section 011, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met: 005.01E1 The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this Chapter, including the selected testing frequency.005.01E2 Such plan must be kept in the facility's on-site files and made available to inspectors.005.01E3 Wastes shipped off-site pursuant to this paragraph must comply with the notification requirements of Section 005.01C.005.01F If a generator determines that the waste or contaminated soil is restricted based solely on his knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in Chapter 1, and all waste analysis data must be retained on-site in the generator's files.005.01G If a generator determines that he is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is exempted from this Title, under Chapter 2, 003 through 013, or Chapter 7, 001 through 006, subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified at Chapter 2, 008. 02 or that are CWA-equivalent, or are managed in a an underground injection well regulated by the Safe Drinking Water Act (SDWA)), he must place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from Title 128 regulation, and the disposition of the waste, in the facility's on-site files.005.01H Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director. The requirements of this paragraph apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under Chapter 2, 003 through 013, or Chapter 7, 001 through 006, or exempted from this Title, subsequent to the point of generation.005.01I If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at Section 010.02: 005.01I1 With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "005.01I" in Table 8, Generator Paperwork Requirements Table of this Title, and the following certification. The certification, which must be signed by an authorized representative and must be placed in the generator's files, must say the following: I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under appendix IV to 40 CFR part 268 as incorporated by reference in Section 016, and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at Section 010.02. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.
005.01I2 No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.005.01I3 If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in Section 002.09 need not be determined.005.01I4 The generator must also comply with the requirements in Sections 005.01F and 005.01G.005.01J Small quantity generators with tolling agreements pursuant to Chapter 9, 007.06 must comply with the applicable notification and certification requirements of Section 005.01 for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director.005.02 The conditions and requirements of 40 CFR 268.7(b), pertaining to testing requirements for treatment facilities, are hereby adopted and incorporated herein by reference.005.03 The conditions and requirements of 40 CFR 268.7(c), pertaining to land disposal facilities, are hereby adopted and incorporated herein by reference.005.04 Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under Chapter 2, 007.02(i.e., debris treated by an extraction or destruction technology provided by Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title, and debris that the Director has determined does not contain hazardous waste) are subject to the following notification and certification requirements: 005.04A A one-time notification, including the following information, must be submitted to DEQ: 005.04A1 The name and address of the Subtitle D facility receiving the treated debris;005.04A2 A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Numbers(s); and005.04A3 For debris excluded under Chapter 2, 007.02A, the technology from Table 11, Alternative Treatment Standards for Hazardous Debris, used to treat the debris.005.04B The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under Chapter 2, 007.02A, if a different type of debris is treated or if a different technology is used to treat the debris.005.04C For debris excluded under Chapter 2, 007.02A of this chapter, the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title, as follows: 005.04C1 Records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;005.04C2 Records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and005.04C3 For each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of 40 CFR 268.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."005.05 Generators and treaters who first receive from EPA or an authorized state a determination that a given contaminated soil subject to LDRs as provided in Section 013.01 no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in Section 013 . 01 no longer exhibits a characteristic of hazardous waste must: 005.05A Prepare a one-time only documentation of these determinations including all supporting information; and,005.05B Maintain that information in the facility files and other records for a minimum of three years.128 Neb. Admin. Code, ch. 20, § 005