Resource Conservation and Recovery Act (RCRA) Program

NDEQ was authorized in 1985 by EPA to administer portions of the Resource Conservation and Recovery Act (RCRA) program. RCRA regulations are incorporated in NDEQ Title 128 – Nebraska Hazardous Waste Regulations, which is updated as the Federal RCRA regulations change. In fiscal year 2004, newly adopted Title 128 regulations became effective as part of an ongoing effort to keep the RCRA program current.

The purpose of the RCRA program is to ensure proper management of hazardous wastes from the point of generation until final disposal. Activities performed under the RCRA program include:

The Compliance Assistance Program helps Nebraska businesses, governmental entities, and private citizens comply with RCRA regulations in a non-enforcement mode. This program works with the regulated community in a partnership for hazardous waste minimization and pollution prevention to help waste generators actually reduce the amount of hazardous waste being generated in the state. An additional product of these efforts is ultimately reducing the amount of regulatory requirements on our citizens by helping to bring hazardous waste generators into lower RCRA threshold levels.

Compliance and enforcement activities include investigating complaints and the inspection of hazardous waste generators and transporters, hazardous waste treatment, storage and disposal (TSD) facilities, and used oil marketers and burners. Other compliance and enforcement activities include conducting comprehensive groundwater monitoring evaluations and operation and maintenance inspections on RCRA sites, sampling, and analysis procedures to ensure that useful and representative data is being collected.

The RCRA program also conducts extensive permitting and closure activities to minimize and eliminate the release of hazardous material into the environment. Closure actions are required for treatment, storage or disposal (TSD) facilities that are discontinuing operations or that have operated without a permit. Permits are required for operating TSD facilities. Post-closure permits are required for TSD facilities that have gone through closure and have remaining contamination.

There is one operating hazardous waste storage and treatment facility in Nebraska: the Clean Harbors incinerator near Kimball. This facility has undergone annual performance test burns to demonstrate proper operation since hazardous waste treatment began in 1994. Operational and physical changes at the Clean Harbors incinerator have resulted in numerous permit modifications. These changes were made to improve the performance of the facility and ensure compliance with applicable regulations. In addition, Nebraska oversees three other active hazardous waste storage facilities which do not treat hazardous waste.

Corrective action is an important part of the RCRA program that addresses past and present activities at RCRA facilities that resulted in hazardous waste and hazardous constituents being released into soil, groundwater, surface water, and air. Corrective action requires investigation and remediation of the release from regulated facilities. These regulations can make the former owner of a property responsible for mismanagement of hazardous waste if the current owner could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the site. The federal EPA presently operates the corrective action program in Nebraska, and is responsible for regulating cleanups at Nebraska facilities. The Nebraska RCRA program is working with EPA to gain more responsibility in this area.

The RCRA Program (see Figure 1) oversees:

89
Large Quantity Generators (greater than 2200 pounds per month)
450
Small Quantity Generators (between 220 and 2200 pounds per month)
1157
Conditionally Exempt Small Quantity Generators (less than 220 pounds per month)
1
Hazardous Waste Incinerator Facility
1
Federal Facility
44
Treatment/Storage/Disposal Facilities (active and inactive)
11
Transportation Facilities
Figure 1. Location of Facilities in Nebraska Regulated under RCRA

Symbols indicate relative RCRA activity based on hazardous waste generator status and number of facilities


Program Funding

Funding for RCRA program activities is provided by an EPA grant, which requires a 25% state match. This match is met with state General Funds. Additionally, the Department can charge proposed commercial hazardous waste management facilities a fee to cover expenses for facility siting committee activities. There were no new facilities proposed in FY04.

The RCRA program collects a yearly fee from commercial hazardous waste treatment and disposal facilities. Currently, there is one facility in Nebraska, which performs hazardous waste treatment or incineration. The fees are based on the total yearly volume or weight of hazardous waste treated or incinerated. Fees are due March 1, and are remitted to the state general fund

RCRA Publications and Forms



Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186