The following materials are exempt from 4 and s 7 through 23:
002.01 Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in 40 CFR Part 262, Subpart E, as incorporated by reference in Chapter 10, 006: 002.01A A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1)-(4), (6), and (b), and 262.57, as incorporated by reference in Chapter 10, 006 export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent for defined in Subpart E of 40 CFR Part 262, as incorporated by reference in Chapter 10, 006 and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;002.01B Transporters transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.002.02 Used oil that exhibits one or more of the characteristics of hazardous waste but is recycled in some manner that meets the requirements under Sections 009 and 010 of this Chapter;002.03 Scrap metal that is not excluded under Chapter 2, 008.14;002.04 Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under Chapter 2, 008.12);002.05 Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under Section 010.01E of this Chapter and so long as no other hazardous wastes are used to produce the hazardous waste fuel.002.06 Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed so long as the fuel meets the used oil fuel specification under Section 010.01E of this Chapter.002.07 Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under Section 010.01E of this Chapter.128 Neb. Admin. Code, ch. 7, § 002
Amended effective 12/14/2014.