Factors for petitions to include other wastes under Title 128, Chapter 25.
043.01 The waste or category of waste, as generated by a wide variety of generators, is listed in Title 128, Chapter 3, 011 through 016, or (if not listed) a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in Title 128, Chapter 3, 005 through 010. (When a characteristic waste is added to the universal waste regulations of Title 128, Chapter 25 by using a generic name to identify the waste category (e.g., batteries), the definition of universal waste in Title 128, Chapter 25, 008 will be amended to include only the hazardous waste portion of the waste category (e.g., hazardous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics (i.e., is hazardous waste) is subject to the universal waste regulations of Title 128, Chapter 25;043.02 The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities);043.03 The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator;043.04 Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste;043.05 The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to Title 128, Chapter 25, 012, 023, and 033; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport;043.06 Regulation of the waste or category of waste under Title 128, Chapter 25 will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal solid waste stream, non-hazardous industrial or commercial solid waste stream, municipal sewer or stormwater systems) to recycling, treatment, or disposal in compliance with Subtitle C of RCRA.043.07 Regulation of the waste or category of waste under Title 128, Chapter 25 will improve implementation of and compliance with the hazardous waste regulatory program; and/or043.08 Such other factors as may be appropriate.128 Neb. Admin. Code, ch. 25, § 043
Amended effective 7/6/2016.